A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF THE regular MEETING OF BOARD OF COUNTY COMMISSIONERS

THURSDAY, MARCH 16, 1961

The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Thursday, March 16, 1961 at ten o’clock a.m. (The regular meeting having been moved up from Monday, March 13, to this date in order for the County Commissioners, County Engineer and County Attorney to attend the Florida State Association Meeting in Tallahassee the first of the week) with the following present: Chairman Theus, Commissioners Cowart, Dykes, Simpson, and Babb, Attorney Duncan; and County Engineer Goodson.

The meeting was opened with prayer by Chairman Theus.

Motion by Commr. Cowart seconded by Commr. Simpson and carried, that the Minutes of the meetings of January 3, 9, 13, February 6 and 13, and March 6 be approved as read.

The Board approved Notary Public Bond of Blondell Stiefel with American Surety Company of New York as Surety.

Motion by Commr. Cowart seconded by Commr. Babb and carried, that the Bond for carrying firearms of Ivy Spencer Arnold, Jr., Leesburg, with United States Fidelity and Guaranty Company, for carrying a pistol made by Ruger Super Black Hawk (Revolver) of 44 caliber and numbered 2819, be approved.

Bond of Samuel Crafton Bryant, as Deputy Sheriff, was approved by the Board, with Hartford Accident and Indemnity Company as Surety.

Motion by Commr. Dykes seconded by Commr. Babb and carried, that the application of R. B. Williams for duplicate tax certificate #187, dated May 31, 1956, property located in Harlem, Leesburg, was approved by the Board.

pauper list

Motion by Commr. Dykes seconded by Commr. Simpson and carried.

DISTRICT #1 – That Maude Geerkins for $40.00 per month be cancelled

DISTRICT #2 – That Mrs. Alice Housadel, Lake Highland Hotel, Clermont be granted $40.00 per month; and

That Mrs. Genevieve Bansberg, Lake Highland Hotel, Clermont, be granted $7 per month.

DISTRICT #3 – That no changes be made.

DISTRICT #4 – That no changes be made.

DISTRICT #5 - That Mrs. Addie Keller, Altoona, c/o Mrs. A. R. Blakemore, 210 N. 2^nd Street, Leesburg, be granted $37.00 per month for nursing home care.

That Mrs. Emma J. Clark, P. O. Box 871, Leesburg, be cancelled.

mining operation on north side of u. s. 441 (sr – 500) at silver Lake

A delegation of ten citizens with Mr. Clark Kauffman as spokesman again appeared before the Board with reference to Mining Operations on the North side of U.S. 441 (SR 500) at Silver Lake. He advised the Board that a suit to enjoin such operations had been instituted by a large number of residents owning property and living within the area, and that said suit was partially based upon the enforcement of the present Zoning Regulations. Mr. Kauffman requested that the County through its County Commissioners intervene in said suit as a party plaintiff and actively participate in the prosecution of said suit.

Mr. Duncan stated that the County could petition to intervene to enforce that part of the complaint pertaining to Zoning and Zoning regulations.

Motion by Commr. Dykes seconded by Commr. Babb and unanimously carried, that Lake County join by intervention as a party plaintiff in the suit for injunction to restrain H. L. Pringle, Dorothy O. Pringle, George O. Pringle and Rosemary P. Purdum co-partners doing business as Silver Lake Estates, defendants (Chan. 17,033) from the sand mining operation on the North side of U. S. 441 (SR – 500) near Silver Lake, in violation of the zoning of said area and zoning regulations.

Mr. Duncan said he has some of the deeds for right of way purposes in Sections 6 & 5, Township 21 S. R. 25 East, and will file them later.

Mr. Duncan filed for record deed from F. S. Specht and wife to Lake County for right of way purposes on Lake Unity Road – Description in Section 35-18-24.

Mr. Duncan said he has all the deeds, except one, on the right of way running west from SR-468 to what is known as the Whitney Road. (Road back of Stromberg through Tanner’s property.)

Mr. Dykes said he has an oak tree on a road that needs to be taken out. Has someone who has agreed to remove the tree for $125.00. Motion by Commr. Babb seconded by Commr. Cowart and carried, that Commr. Dykes be authorized to have the tree removed from the right of way at a cost not to exceed $125.00.

Commr. Theus read a letter from State Road Department and an excerpt from the Minutes of the State Road Board meeting held in Tallahassee on February 23, 1961, pertinent to traffic regulation changes. Locations in Lake County being as follows:

SR-448 in Lake Jem 30 mph	SR-33 S-466-A in S-466-A in Fruitland Park 35 mph
SR-25-500 in Lady Lake 40 mph	SR-19 Groveland 25 mph and 40 mph
SR-33 in Groveland 40 mph	SR-455 in Montverde 35 mph
SR-561 Clermont and vicinity graduated speed zone 35-25 & 40 mph

JOB NO. 11682-3602, SR S-44-b DONNELLY AVENUE, MT. DORA FROM 5^TH AVENUE (OLD SR-500) nORTH TO NEW SR-500

Letter from State Road Department with bid tabulation on above road showing Hubbard Construction Company of Orlando in amount of $197,800.75 low bidder read and filed.

Mr. Theus read a letter from B & W Canning Company, Inc., requesting rebuilding of SR-561 between 50 and 33 – also requesting that this be given high priority rating in the road building program to be presented March 9, 1961 – copy of this letter dated March 8, had been sent to each Commissioner.

Mr. Theus also read a letter from Mrs. W. M. Bostwick, Jr., Bostwick Legislative Bureau – re: Florida Legislature April 4, 1961 – requesting to represent the Lake County Board at the Legislature. The consensus of opinion was that the Board does not need this representation. Letter filed.

Mr. Theus read a letter from Ben F. Lewis, Lady Lake, asking if drainage system could not be established in Lady Lake District. Discussion on this. After which, Mr. Duncan was instructed to answer the letter.

mile post sc-811 – lisbon

Mr. Duncan presented in duplicate proposed agreement dated February 21, 1961 with Atlantic Coast Line Railroad Company covering a public road crossing over Coast Line’s right of way at Lisbon, Florida, which crossing will be used primarily by Dura-Stress, Inc., WHEREUPON, on motion of Commr. Dykes seconded by Commr. Simpson and carried, the following Resolution was adopted:

At a regular meeting of the Board of County Commissioners of Lake County, Florida, held on the 16^th day of March, 1961, the following was ordered and spread upon the Minutes:

“It is hereby ordered by the Board of County Commissioners. that the form of agreement between said County and the Atlantic Coast Line Railroad Company, dated February 21, 1961, by the provisions which the said Railroad Company grants to the said County the right or license of improving and maintaining a public road or street crossing at grade across the right of way and track or tracks of the Atlantic Coast Line Railroad Company, at Lisbon, Florida, at a point 1,691 feet eastwardly, measured along the center line of the Railroad Company’s main track, from Mile Post SC-811, as particularly described in said agreement and as more fully shown on the blueprint attached to and made a part of said agreement, be and the same is hereby approved:

“Further that the Board of County Commissioners of Lake County, Florida are hereby authorized and directed to execute said agreement in the name and on behalf of said County.”

mile post 781 – tavares

Mr. Owens reported that a highway grade crossing 3,170 feet Westerly from said Mile Post was authorized to be built by Mr. Cross while he was Commissioner. The party desiring the crossing was to pay for same. Have received the bill in the amount of $268.13 and called Mr. George Vance and he said mail him the bill and he will pay it direct to Seaboard Air Line Railroad Company. Bill mailed on March 14, 1961.

mile post s-806 near okahumpka

Mr. Owens read a letter from Atlantic Coast Line Railroad Company re: Installation and maintenance of a public road crossing over ACL RR Company’s right of way and track 220 feet south of Mile Post S-806 near Okahumpka, covered by agreement dated March 28, 1960, between Coast Line and Lake County. This installation was authorized at the entire expense of Lake County, including cost of raising communication lines to provide standard clearance. Bill in amount of $240.14 to cover rearrangement and raising of Western Union wires was presented; WHEREUPON, on motion of Commr. Cowart seconded by Commr. Babb and carried, the Western Union bill in amount of $240.14 covering rearrangement and raising wires was approved.

Mr. Babb stated the people at Dona Vista are interested in having a railroad crossing established over the Atlantic Coast Line Railroad. Mr. Duncan informed him they would have to make a request to the Railroad Company to establish the crossing, WHEREUPON, on motion by Commr. Babb seconded by Commr. Dykes and carried, Attorney Duncan was instructed to request the Atlantic Coast Line Railroad Company to establish the crossing. Mr. Babb to furnish the description to Mr. Duncan.

Mr. Theus announced that Mrs. Marie Bowden asked him to invite the Board members to a meeting between the County Commissioners and the Boards of Public Instruction of Lake and Sumter Counties on Tuesday, March 28, at 12:30 p.m. at the Squires Restaurant to discuss the proposed site for Lake-Sumter Junior College.

utilities resolution and agreement s-565-A, SECTION 11681

Mr. Duncan read a letter from State Road Department stating that Sumter Electric Cooperative, Inc. owns a pole line along the above road. The letter enclosed six copies of SRD NO. 2 Utilities Relocation Agreement and SRD No. 2 Resolution and five copies of estimate covering adjustment of the above job, WHEREUPON, on motion of Commr. Cowart seconded by Commr. Dykes and carried, the Chairman and Clerk were authorized to execute the six copies of the Resolution and that the Resolution be adopted as follows:

WHEREAS, the State Road Department pursuant to a Resolution heretofore adopted by the Board of County Commissioners of Lake County, required the readjustment of certain utility facilities on State Road No. S-565-A, Section 11681; and

WHEREAS, certain invoices covering the cost of adjusting such utilities, which were located on private property, have been submitted to the State Road Department for payment; and

WHEREAS, this Board has reviewed said invoices and finds them to be a reasonable charge for the services performed;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SAID COUNTY that the following invoices be, and the same are, declared to be a proper expense incurred by said County for the acquisition of right of way for the construction of said road and the same are hereby approved for payment:

UTILITY: SUMTER ELECTRIC COOPERATIVE, INC.

AMOUNT: $12,769.05

BE IT FURTHER RESOLVED BY SAID BOARD OF COUNTY COMMISSIONERS that the State Road Department of Florida be, and it is hereby requested and authorized to pay said invoices out of secondary funds accrued to the credit of this County.

Mr. Owens reported to the Board that he received a request from the State Road Department dated March 13^th for title search on Job No. 11503-2601 (Palatlakaha River Bridge at Lake Minnehaha) and he asked Inland Abstract & Title Company to make the title search as they were the next in line.

After discussion on requests for title searches motion was made by Commr. Dykes seconded by Commr. Babb and carried, that in the future when right of way title search is needed that both Abstract Companies be requested to submit quotations.

Mr. Duncan stated that the Board would not have to advertise for bids, but just ask for quotations on the job.

Mr. Owens read a letter from State Road Department – Richey Green – acknowledging receipt of copy of Lake County Resolution dated February 28, 1961, requesting SRD to pay for, with Lake County Secondary funds, 148 lineal feet of pipe for installation in the vicinity of Station 73 plus 47, according to the right of way map on SR-500. This letter stated in part as follows: “We do not feel that we can recommend the approval of this invoice.” Mr. Theus announced that since the date of this letter he talked to other State Road Dept. officials and he now thinks the State Road Department will pay this out of Secondary Funds.

Mr. Owens presented Lake County Road & Bridge warrant #403 in amount of $89.44 dated February 13, 1961, made payable to Walter G. White in payment for pipe. Mr. Cowart reported that he had returned the pipe, therefore, the warrant should be cancelled. WHEREUPON, on motion of Commr. Cowart seconded by Commr. Babb and carried, the above described warrant was cancelled.

Mr. Owens reported that in the past the Civil Defense Director – Karl Lehmann – has had authority to sign for surplus equipment. Now this ruling has been changed to where the check can be made payable to Civil Defense Director and he, in turn, endorses the check over to Florida Development Commissioner.

Mr. Duncan was requested to answer the letter from Mrs. Pearl Foster re: a road and inform her that the road in question was opened under the prescriptive law.

Letter from Dr. Thomas D. Weaver re: Survey on Lake Louise Road was read and filed as Commr. Dykes said he does not know of any plan to put this road in Secondary Road Fund.

AGRICULTURE CENTER

Mr. Owens read a letter from A. D. Rosier re: the well he has installed at the Agricultural Center. A copy of this letter has been sent to Robert Ford, Architect. Mr. Goodson said he has talked to Mr. Ford about this matter. In the letter Mr. Rosier recommended a high-head side suction centrifugal pump and a 1000 gallon pneumatic tank. This set up would be less expensive and considerably less trouble free.

Senator Boyd stated that the Agricultural Center Committee is concerned with the problem that there will not be enough money to finish this building and buy the furniture. They want to pass another local bill and let them establish a new millage for this project. He told them he did not think this would be quite fair. Discussion on when could advertise for bids. It was suggested that the Board would have to have a ruling from the Attorney General on this. Could pass an Act to assess for another year. Extend the time one more year.

Letter from William W. Boyd stating the number of the County Road around the east end of Lake Minnehaha is: Federal Aid Project #185-B and it was built under the farm to market program and is part of the County Road System, unless it has been made a State Secondary Road. The road was built around 1934. Letter read and filed.

executed contract dated february 13, 1961 between l. t. brennand, inc. and lake county re: demolishing home demonstration building

Copy of letter from J. Basil Hall, M.D., Director Lake County Health Department to Karl Lehmann, Civil Defense Director, re: Blankets used during Storm Donna. “Original inventory listed 5 cases, each containing 48 blankets and 11 cases of 20 blankets each, which makes a total of 460 blankets. Actually an item by item inventory showed only 202 blankets (an indicated shortage of 258). Letter read and filed.

vender payment for patients in county home

A note from Dr. Hall, Director Lake County Health Department, re: this matter states – “I have just talked to the head of the Welfare in Jacksonville, and the approval for Vender Payment patients in the County Home are being approved up to as much as a $100.00 per month. They will notify us to this decision this week in writing.”

discussion of insurance on each piece of equipment and barns

The Board agreed that the equipment and barns should be covered by insurance.

discussion on cost of pumping

Mr. Owens advised the Board that unless you are pumping water off of a County road, do not believe you have the right to use this pumping equipment.

discussion on expenditures by the county in getting water off of road in lady lake

Mr. Owens advised the Board that the State Road Department wants copies of all the bills for this project and he has prepared them in triplicate. Mr. Goodson is to check the bills and then mail to the State Road Department.

Motion by Commr. Cowart seconded by Commr. Babb and carried the following Resolution was adopted:

WHEREAS, on the 4^th day of April 1960, the Board of County Commissioners did, at the recommendation of the Lake County Zoning Commission, reclassify an area known as “Lake View Heights,” “Lake View Heights, First Addition” and “Lake View Heights, Second Addition,” and place the same in Classification R-2 ; and

WHEREAS, it has been made to appear that such reclassification is not suitable for said Subdivisions and the Lake County Zoning Commission has recommended that said Resolution be amended as hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, that the Zoning Rules and Regulations of Lake County be altered and amended as they pertain to the following tracts of land to the classification and requirements as follows: that Section “2” in the Resolution adopted by the Board of County Commissioners on April 4, 1960, pertaining to the zoning classification for “Lake View Heights,” “Lake View Heights, First Addition,” and “Lake View Heights, Second Addition,” be amended changed and rezoned as follows: that the first tier of lots in said subdivisions which border “Eagle’s Nest Road” and “Lake Unity Road,” now classified as R-2, be amended, changed and rezoned to Classification R-1-A, and that the remainder of said Subdivisions be retained in Classification R-2, with the further requirement that footage of the living area for dwellings to be located on the remaining lots in said subdivisions be fixed at a minimum of 700 square feet.

MEETING ADJOURNED FOR LUNCH AT 12:50 PM AND RECONVENED AT 1:45 PM.

At the request of the Board Mr. John May of Inland Abstract & Title Company appeared before the Board re: Bill of $2100.00 for title search on SR-500 – Job 11010-2501 from city limits of Tavares West to Silver Lake. He stated that $15.00 is the minimum charge for an item. Most every item in this search was metes and bounds description, which takes much longer than when just quarter section. Mr. May thinks it would be unfair to ask for bids as cannot tell before making the search what will run into. We charge only enough to make a fair profit and feel that you got a bargain in this particular search. Mr. May said he would oppose the Resolution to ask for bids. Does not feel that it is quite fair.

Motion by Commr. Dykes seconded by Commr. Babb and carried, that the bill of Inland Abstract & Title Company in the amount of $2100.00 for title search on SR-500 Job 11010-2501 from city limits of Tavares to Silver Lake be approved and forwarded to State Road Department to be paid out of Secondary Road Funds.

Copy of title search on said road filed with the Board.

clapp property in mount dora

Mr. Simpson stated he has an appraisal on this property, showing the value of the lot as $2,240.00, house and garage of no value to the property - $200.00. This appraisal is not definite as to the total amount therefore; Mr. Simpson took it back to get the matter clarified.

Mr. Owens presented quotations on books as follows:

H W B Drew Company

2 – Special bound Chancery Dockets Nos. 36-37 $273.00

1 – L. L. Domicile Record No. 7 174.30

The George D. Barnard Company

2 – Chancery Dockets Nos. 36-37 275.20

1 – L .L. Domicile Record No. 6 176.30

Motion by Commr. Dykes seconded by Commr. Babb and carried that the order for the books as listed above be awarded to H & W B Drew Company, the low quotation.

Clerk Owens read price quotation on IBM Standard Electric 13” carriage $445.00 less government discount $44.50 – total $400.50.

Motion by Commr. Simpson seconded by Commr. Dykes and carried, that Clerk Owens be authorized to purchase from International Business Machines Corp. – 1 IBM Standard Electric 13” carriage – for the total price of $400.50.

discussion on closing a street outside of town of astatula south of beverly grizzard’s subdivision

Commr. Dykes said someone from Astatula said they would get a petition to close the street. Have heard that some gypsies may buy the property. Mr. Dykes said he told the party to talk to Mr. Duncan. Mr. Duncan stated that a Mrs. Adkinson came to see him this morning and wants to close a street in the Southwest corner of Town. She says it is outside of the town. She said could not bring the petition before the Board until all of the interested parties have signed.

Advertise for double surface treatment on certain roads & mineral seal on some roads

Motion by Commr. Simpson seconded by Commr. Dykes and carried, that Clerk Owens be authorized to advertise in the Eustis Lake Region News for double surface treatment on the following County roads:

Lake Norris Road from SR-44 to Black Water Bridge – 2.6 miles

Seneca Church Road from SR-44 to SR-44-A – 1.6 miles

And the following roads to be mineral sealed:

Washington Avenue, Eustis - 1.1 mile

Bates Avenue, Eustis - 1.1 mile

McDonald Avenue - .4 mile

Wolf Branch Sorrento Road - .7 mile

Mount Homer Road - 1.0 mile

bids for paving certain roads AND A PARKING LOT

The bids for paving certain roads and a parking lot were received on March 6^th and held in abeyance until today and were again considered:

Mr. Duncan advised that if any bid is accepted, it should be on the total as advertise, WHEREUPON, on motion of Commr. Dykes seconded by Commr. Babb and carried, the bid of East Lake Company as follows, was accepted; as this was the low bid on entire project.

I -Hot Mix, prepared base 6740 square yards unit price 0.56, approximate total $3,774.40

II – Double surface treatment 1800 square yards unit price 0.62 approximate total $4,890.40

Motion by Commr. Babb seconded by Commr. Dykes and carried, that the following Resolution be adopted:

BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that after the adoption of this Resolution, where there are several items in a Notice to Bid published in accordance with the requirements of law, there be included in said Notice the right of the County to accept or reject the bid as a whole, or any part thereof; that the preparation of Notice to Bidders in this manner hereafter be the policy of the Board.

unusual situation

Discussion of unusual situation re: passage of pipe, culvert, ducts, etc. under roads for other than drainage purposes. It was suggested that in the future the State Road Department be requested to notify the Board of County Commissioners and Zoning Director when any unusual project is to be installed under a road. If the Board had known of the situation at Silver Lake, could probably have avoided the suit. Motion by Commr. Simpson seconded by Commr. Dykes and carried, the following Resolution was adopted:

WHEREAS, it has been made to appear to the Board of County Commissioners that pipes, culverts, conduits and ducts under State Roads have been installed for drainage purposes and for other purposes; and

WHEREAS, it appears to the Board of County Commissioners that certain other purposes may be detrimental and conflict with zoning regulations of areas adjoining such highways and for that reason the Board of County Commissioners should be advised of any such installation prior thereto, in order to determine the effect upon the adjoining properties;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the State Road Department be requested to officially notify the Board of County Commissioners of Lake County, prior to the granting of any right to install a pipe, culvert, a duct, or a conduit of any nature, under any of the State Highways in Lake County, which will, in any way, affect the adjoining properties.

wawryzcki house

Motion by Commr. Dykes seconded by Commr. Babb and carried, that County Engineer Goodson be instructed to sell the metal garage doors at the Wawryzcki house.

Mr. Theus stated he will have to hire dirt moving machine to use in mucky places that he cannot get into with other machinery. Can get a machine for this purpose from J. D. Manly Construction Company for approximately $300.00. The Board authorized Mr. Theus to purchase the machine from Manly.

Fred Tanner, Mosquito Control Manager, appeared before the Board and stated that his dragline operator is holding two county jobs – works in day time and part of night – 40 hours at $1.95 per hour, plus 30 hours at $1.40 per hour. Mr. Tanner asked for a ruling of the Board in this matter. Motion by Commr. Simpson seconded by Commr. Cowart and carried, that Fred Tanner be instructed to get another man for the night job due to the unemployment situation.

THE FOLLOWING LETTERS WERE FILED WITH THE BOARD

Note of thanks from Mrs. Owens for roses sent by the Board while she was in the hospital.

Florida State T. B. Hospital re: discharge of Maxwell Berry and Nestor S. Wick

Notices of Automobile Liability Rate filing

following reports were filed with the board:

Lake County Welfare Worker’s report

Florida Division of Correction – Report of Prison Inspection – SR prison #5758; Lake County Stockade and Lake County Jail.

vouchers approved for payment

Motion by Commr. Simpson seconded by Commr. Cowart and carried, that the following voucher be approved for payment:

General Revenue Fund #657 through 815

Road and Bridge Fund #511 “ 636

Fine & Forfeiture # 71 “ 90

State No. II Mosquito # 42-A “ 56

County Home # 16 “ 21

South Lake Memo Hospital # 5

Agricultural Building # 10 and #11

County Buildings # 13

resolution

WHEREAS, because of the National Emergency which may arise requiring Civil Defense, requires considerable preparation and the resulting expense thereof; and

WHEREAS, certain of the municipalities of Lake County have incurred certain expenses in the acquisition of materials and supplies essential for Civil Defense and have submitted statements for the indebtedness incurred, to-wit: The City of Mount Dora, $35.72; the Town of Mascottte, $425.19 and the Town of Groveland $86.00.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Clerk of the Board be authorized and directed to issue from the funds budgeted for Civil Defense checks as follows:

1. To the City of Mount Dora $ 35.72

2. To the town of Mascotte $425.19

3. To the Town of Groveland 86.00

MEETING ADJOURNED.

/s/ Frank E. Owens___ /s/ O. M. Simpson__

CLERK CHAIRMAN