MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
monday – January 8, 1962
The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse at Tavares at ten o’clock a.m. on Monday, January 8, 1962, with the following present: Chairman Simpson; Commissioners Theus, Cowart, Dykes; and Babb; Attorney Duncan; and Clerk Owens; also present was County Engineer Givens.
The Board was called to order by Chairman Simpson, who announced that during the year 1962, Mr. Theus will act as Chaplain of the Board; WHEREUPON, the meeting was opened with a prayer by Mr. Theus.
notary public bond
The Notary Public Bond of W. M. Kennedy with American Surety Company of NY as Surety was approved by the Board.
Motion by Commr. Dykes, seconded by Commr. Theus and carried that no changes be made in Districts 1, 2, 3, 4, and 5.
SIDEWALK ON SR S-452 AT THE PROPOSED BRIDGE EUSTIS CANAL
Don Porter and Ernest Kidd of the City of Eustis appeared before the Board and requested a municipal section at the Bridge and sidewalks. Hugh Hanna of the State Road Department was present and stated the sidewalks would have to be paid out of Secondary Road Funds. He said the pedestrians would have the shoulders to walk on approaching the bridge, and the bridge would be 28 feet wide. Commr. Babb wanted included in the resolution that the sidewalk extend as far as the fill connecting the bridge, in the vicinity where the bridge starts and ends. WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Cowart and carried, the following resolution was adopted:
WHEREAS, the Board of County Commissioners of Lake County, Florida, did heretofore by Resolution request the State Road Department to construct a bridge over the channel connecting a marine within the City Limits of Eustis, which canal crosses Lakeshore Drive between Eustis and Tavares, and
WHEREAS, plans have been prepared for the construction of such bridge, but does not show the construction of sidewalks along the fill, which will be required on each side of the bridge; and the County Commissioners feel that the construction of sidewalks leading to and over the bridge are essential to the welfare and safety of pedestrians crossing said canal;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the State Road Department be requested to include in the plans for the construction of a bridge over said canal within the City Limits of Eustis, sidewalks to extend from the bridge on each side thereof, down the fills to the respective ends thereof.
re permit for dredging the bottoms of lakes harris and griffin
Bob Peavy of the Florida Game & Fresh Water Fish Commission appeared before the Board re the Program for Public Lakes. He stated the bottoms of Lakes Harris and Griffin are owned by Lake County; therefore, he thinks a permit for dredging in these lakes should come through the County Commissioners until the next Legislature meets, as the bill did not pass at the last session. Clerk Owens read a proposed resolution which the Commission requests the Board of County Commissioners to adopt. Mr. Duncan said the resolution should be tied down to the Act, whereby title is taken from the Trustees. WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Theus and carried, the following resolution was adopted:
WHEREAS, as provided by Chapter 125.46, Florida Statutes, the Board of County Commissioners of the various counties have the power to make regulations for the government of waterways and other public facilities, and
WHEREAS, under the provisions of Chapter 10811 of the 1925 Acts of the Legislature of Florida, Lake County has title and jurisdiction to portions of the lake bottoms of Lakes Harris and Griffin, that part extending to the thread of the channel, and
WHEREAS, one of the responsibilities of the Lake County Board of County Commissioners as the public agency having custody of said lake bottoms is the protection and management of said lake bottoms in the public interest, and
WHEREAS improper use or management of said lake bottoms would be detrimental to public interest through its destruction of fish, game and other recreational resources;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that from and after the adoption of this Resolution, any proposed dredging, filling, or other shoreline or lake bottom alterations or improvements in Lakes Griffin and Harris under the jurisdiction of Lake County as provided in Chapter 10811, Acts of Florida, 1925, be allowed only by permit from the Board of County Commissioners of Lake County and that before final action is taken on any request for such permit, the said Board refer such requests for a permit to the Game and Fresh Water Fish Commission for review and inspection relative to the effect of the proposed dredging or impoundment on fish and game resources.
report on lake memorial nursing home christmas program
Mrs. Sudderth stated that the response of all the organizations over the County for assistance in the Christmas program was wonderful. Foods, gifts, and cards came from various organizations. Motion by Commr. Dykes, seconded by Commr. Cowart and carried that the press be requested to express appreciation for the Board to these groups for their assistance in making a “Happy Christmas” for the patients in the Home.
spraying for lake memorial nursing home
Mrs. Sudderth advised the Board that the building should be sprayed to keep the insects down. The cost would be small. Motion by Commr. Theus, seconded by Commr. Babb and carried that Mrs. Sudderth request the Termite Company to keep the building sprayed.
railroad crossing into thompson subdivision south of tavares
Tom Sawyer and Walter Thompson appeared before the Board and stated the Seaboard Air Line Railroad Company would like to have included in this application an Agreement by the Lake County Commissioners if and when the crossing is established that lights and bells will be installed; otherwise, Mr. Thompson will be unable to get into his property. Mr. Thompson stated they would have to have a letter from the Board that the Commissioners will or will not have the lights and bells installed. Mr. Duncan stated we could ask them as to what their requirements would be and when they would be needed, what would determine the need for this, and at what traffic count would this be necessary. Mr. Duncan was instructed to write the Railroad Company re this matter. Mr. Sawyer requested a letter from the Board stating if and when other than stop signs are needed at the crossing, that the Board will put them in without cost to the railroad. At the request of the Board, Mr. Duncan then talked to the Seaboard Company in Jacksonville and reported to the Board that they stated they see no reason why this could not be done, because they would accept the provisions that the Coast Line accepts, which was not a direct promise on our part to pay this, and he could handle this alright and would request that change from the legal department in Richmond, Va.
boat ramp easement on spring creek
Mr. Babb suggested that the Board contact the Game & Fresh Water Fish Commission and that this Board cooperate with them and request the State Road Department to put in a boat ramp on the East side of the road at the North end of the bridge over Spring Creek at Alexander Springs. Mr. Owens suggested that Mr. Lehmann be contacted about this before the request is made as he is the one – or Alexander Springs Association – who has done more for the Springs than anyone else. On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the following resolution was adopted:
WHEREAS, among the many attractions in Lake County to sportsmen of the County and elsewhere is the Alexander Springs Creek and the use thereof from boating and fishing, and
WHEREAS, there is no public facility for the launching of boats in Alexander Spring Creek near the Alexander Springs Road, which has recently been reconstructed and paved, and
WHEREAS, the Board of County Commissioners has determined that an ideal location for a boat ramp is near the bridge which crosses Alexander Springs Creek and is a part of the Alexander Springs Creek Road;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department of the State of Florida and the Game and Fresh Water Fish Commission of the State of Florida be requested to cooperate in the location and construction of a boat ramp near the above bridge and that proper facilities be provided for access to and from the boat ramp to said road.
quotations from lakeland asphalt company
R. F. Brannen of this Company appeared before the Board and gave quotations on Cold Mix at $6.45 per ton f. o. b. Plant; or $8.05 delivered in 17-ton lots. Notice having been advertised for bids for construction of an administrative addition to the Lake Memorial Nursing Home, the following bids were received:
DAVID D. MORRIS, Leesburg, Bid bond enclosed 5 percent, Base Bid $9,977.00
1 – deduct $228 2 - deduct $115 3 – deduct $215 4 – deduct $340
5 – deduct $325 6 – deduct $34 7 – deduct $620
Subcontractors’ bids enclosed.
A. W. SMITH & SON, LEESBURG, Bid bond 5 percent enclosed, Base bid $12,511.00.
1 – deduct $130 2 – deduct $140 3 – deduct $300 4 – deduct $265
5 – deduct $290 6 – deduct $40 7 – none
GRAHAM CONSTRUCTION and COVEN CONSTRUCTION letters stated “Not bidding.”
On a motion by Commr Theus, seconded by Commr. Dykes and carried, the bids were referred to County Engineer Givens for study and recommendations (SEE PAGE 571.)
notice advertised for pickup truck for prison guard
Notice having been advertised for a pickup truck for the prison guard, Clerk Owens advised the Board that the Lake Region News did not send tear sheets containing the advertisement as requested, and his office overlooked notifying the truck companies; however, Joe Creamons saw the advertisement in the paper and submitted a bid. On a motion by Commr. Babb, seconded by Commr. Cowart and carried, Clerk Owens was instructed to return the Bid of Joe Creamons Chevrolet unopened and that he be authorized to readvertise for a pickup truck – bids to be taken on February 5, 1962.
notice advertised for tractors
Notice having been advertised for two tractors, only one bid was received. It was brought to the attention of the Board that complaints were being made in that the Notice or specifications might have excluded some bidders; WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Babb and carried, Clerk Owens was instructed to return the bid of Hood Tractor Company, Leesburg, unopened, and that he be authorized to readvertise for the purchase of two tractors, bids to be taken on February 5, 1962. Co. Eng. Givens was instructed to contact the various tractor firms and prepare specifications that will not exclude anyone from bidding.
lake county jail & sheriff’s department
Contractor’s Request No. 8, Fred S. Conrad Construction Company in the amount of $81,180.41 was presented to the Board by Howell C. Hopson, architect.
Total Contract Completed to date $389,859.42
Material Stored $ 73,878.41
Less Retainage of 10% $ 46,373.78
Less amount previously paid $336,183.64
Net Total Due this estimate $ 81,180.41
On a motion by Commr. Theus, seconded by Commr. Dykes and carried, the bill of Conrad Construction Company on the Contract for construction of the Jail and Sheriff’s Department in the amount of $81,180.41 was approved for payment.
second estimate from Southern Steel Company on the Lake County Jail & Sheriff’s Department
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the second estimate of Southern Steel Company in the amount of $33,207.82 which has been approved by the Architect was approved for payment.
Mr. Hopson asked the Board to visit the Jail at the first meeting in February. Will have the elevator in by then. The Board said they would make this visit at 1:15 p.m.
SAND PIT ON SOUTH BYPASS, LEESBURG, and outfall ditch
Mr. Hugh Hanna appeared before the Board re this matter and stated there is a big difference between the appraisal and what the property owner wants for the pit, and he asked if they could locate land closer into Leesburg that would serve the purpose. Will need about five acres. Mr. Hanna stated he needs a resolution from the Board asking the State Road Department to construct the ditch from Dixie Avenue South; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Dykes and carried, the following resolution was adopted:
WHEREAS, during the process of planning and constructing State Road S-33 (Dixie Avenue in the City of Leesburg), the location of an outfall ditch from the southerly right of way line of said road south to Lake Griffin, across properties, the main portion of which is owned by J. Y. Clark, was agreed upon, and
WHEREAS, the said ditch was not excavated during the construction of the road and was erroneously omitted from the construction plans, and
WHEREAS, in consideration of the relocation of the ditch along the right of way donated by J. Y. Clark, the County requested the excavation of the ditch in said right of way.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to complete the ditch in accordance with the understanding and agreement with J. Y. Clark at the time he executed and delivered to the State Road Department deeds for the drainage easement and that the cost thereof be charged to secondary funds due Lake County.
request for sidewalks in part designated for municipal section in the city of tavares
On a motion by Commr. Dykes, seconded by Commr. Babb and carried, the following Resolution was adopted:
WHEREAS, it has been made to appear to the Board of County Commissioners of Lake County that the construction plans for the building of a four-lane highway on State Road 19 through the City of Tavares does not provide for the construction of sidewalks along said Municipal Section as it passes through the City; and
WHEREAS, the City of Tavares, because of the rapid development of the property in the area of said road, has requested that sidewalks be constructed along said road right of way, and the Board of County Commissioners agrees with this request;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to include in the plans for the construction of State Road 19, Section 11090-2502 and State Road 500, Section 11010-2501, sidewalks through the City Limits of the City of Tavares and that the cost thereof be charged to and paid from the secondary funds due Lake County.
microfilm for clerk of circuit court and county judge
Judge Milton requested that the County Judge’s office be given microfilm when furnished for Clerk Owens so we can change over at one time. Mr. Owens stated the machine will be operated by one man who will be responsible for the machine. Judge Milton stated he will not object to having his documents microfilmed by the Clerk.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, Clerk Owens was authorized to advertise for bids for a reader printer for the Clerk’s Office and purchase two (2) cabinets @ $291.80 each – one for the Clerk’s office and one for the County Judge’s office.
recess and reassembly
The Board adjourned for lunch and reconvened at 2:00 p.m.
The Board was called to order by Chairman Simpson.
waterman hospital mental patient ward
Mr. Duncan advised the Board he has a letter from the Attorney General’s office re Lake County entering into the deal with Waterman Memorial Hospital for the purpose of plans for a ward for mentally ill patients. The Attorney General asked just what class of people would be put in the ward. Mr. Duncan read parts of a letter from Mr. Edwin Mead, President of the Waterman Memorial Hospital Association, Inc., as follows:
Generally there would be two classifications of patients housed in this facility:
1. Those presently housed in the County Jail pending determination of mental competency, availability of a State Hospital bed and transfer to a State Hospital, where commitment is necessary. The cost of care for these patients is to be borne by Lake County on a previously determined per diem cost, the Sheriff having the right to request admission of these patients.
2. Those patients able to pay for their own care and needing only a very short stay such as alcoholics during acute phases of alcoholism.
Mr. Duncan was instructed to send Mr. Mead’s letter to the Attorney General’s office.
survey on road from sumter county line into okahumpka
On a motion by Commr. Cowart, seconded by Commr. Babb and carried, the following Resolution was adopted:
WHEREAS, heretofore requests have been made to the State Road Department for the survey and construction of a secondary state road commencing in the Town of Okahumpka and running Westerly to the County line dividing Lake County and Sumter County, to connect a road extending into Sumter County to Sumterville, but which heretofore has not been included in the budget of the State Road Department, and
WHEREAS, the Board of County Commissioners is informed by the Board of County Commissioners of Sumter County that they are requesting a survey of the above-described road, extending from US Highway 301 easterly to the Lake-Sumter line just west of Okahumpka and have requested Lake County to join in the application for a survey of said road;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to transfer from a contingency fund of the State Road Department Budget allocated to Lake County a sufficient sum of money to pay the cost of a survey of a Secondary State Road, commencing in Okahumpka and extending westerly to the Lake-Sumter County line.
section 11506-2601, sr s-452 – eustis bridge title search
Clerk Owens advised the Board that he has requested Inland Abstract and Guaranty Company to make a title search on the above-entitled road, WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the action of Clerk Owens in requesting Inland Abstract Company to make a title search on Section 11506-2601, SR S-452 was approved.
Clerk Owens advised the Board that Mrs. Doris Babb has been selected as a director of the County Finance Officers Association, and a meeting will be held in Panama City on January 26 and 27, which she will have to attend; WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Cowart and carried, Mrs. Babb was authorized to attend the Directors’ meeting in Panama City at County expense.
Paul H. Reed, Tax Collector, appeared before the Board and presented a check in the amount of $43,967.69 representing excess income from the Tax Collector’s office for the year 1961.
Mr. Reed advised the Board that he and the Tax Assessor need more work space and would like for the Commissioners to look into the possibility of putting a second story on the building they now occupy. It was suggested that Mr. Hopson, architect, be authorized to estimate the cost and feasibility of this addition. Mr. Reed stated we anticipate buying electronic equipment next year at a cost of approximately $12,000 per machine and will need two, one for the tax assessor and one for the tax collector.
resignation of assistant home demonstration agent hodges
Mrs. Valentine, Home Demonstration Agent, appeared before the Board to advise the Board that Miss Mary Jane Hodges is resigning on February 15 to accept a position as assistant agent in Polk County. Mrs. Valentine will notify the Board when a new agent is selected. On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the resignation of Miss Mary Jane Hodges, assistant home demonstration agent, was accepted.
Clerk Owens advised the Board that Mrs. Valentine is out of space for storage. He was authorized to advise her to store some of the materials in the old buildings, and Clerk Owens was authorized to have the buildings covered with insurance, also the contents.
test well at AGRICULTURAL center
Mr. Givens, County Engineer, read a letter from Mr. Rosier in which he stated he is confident he will have water in about ten days.
report on office of child welfare unit
Commr. Dykes stated he talked to these people, and it is satisfactory with them to move into the building west of the Chamber of Commerce building as it has adequate space. The house is now vacant. Commr. Dykes was authorized to go ahead and get the building ready for the offices of the Child Welfare Unit.
chamber of commerce building
Discussion on water proofing and repainting inside and outside of this building. On a motion by Commr. Dykes, seconded by Commr. Babb and carried, Clerk Owens was authorized to advertise for bids for water proofing and painting inside and outside of the Chamber of Commerce building. Co. Eng. to furnish specifications.
recommendations of county engineer on bids for addition to lake memorial nursing home
Mr. Givens recommended the acceptance of the bid of DAVID D. MORRIS, including Alternates 1, 2, 3, 4, and 7, at a total price of $8,419.00; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Dykes and carried, the contract for construction of an administrative addition to the Lake Memorial Nursing Home in Leesburg was awarded to David D. Morris, Leesburg, Florida, the low bidder, including Alternates 1, 2, 3, 4, and 7 at a total price of $8,419.00.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the action of the Clerk and Chairman in approving the application of Pearl Banks for admission to the T. B. Hospital was approved.
On a motion by Commr. Babb, seconded by Commr. Dykes and carried, the bills of Paul Reed, Tax Collector, was approved as follows:
Commission on remittance of 12-15-1961, 2% on total $1,408,34.07, Gen. Revenue, R/B; F/F; Ag Bldg; Cap outlay res. Co. bldgs.; Bond int. & sink. Fund co. bldgs.; Gen School; and Health Unit $28,166.94
2 % on occupational $ 613.50
2 % on beverage 65.00
SOUTH LAKE MEMORIAL HOSPITAL
Remitted 12-15-1961 $12,172.00 $5,684.21 @ 3% $170.55
$6,486.79 @ 2% $129.74
TOTAL COMMISSION DUE $300.29
DREAM LAKE ROAD
Commr. Babb reported that Stanley Krause has moved some of the trees off of the right of way of this road, but not all of them; WHEREUPON, on a motion by Commr. Babb, seconded by Commr. Dykes and carried, the following resolution was adopted:
WHEREAS, it has been brought to the attention of the Board of County Commissioners that citrus trees have been planted in Dream Lake Road, according to the Plat of Dream Lake Poultry Ranch Subdivision by one Stanley Krause, the owner of properties in said subdivision. That the said Stanley Krause has been requested to remove said trees from the Dream Lake Road but has failed or refused to do so, and
WHEREAS, the Board of County Commissioners has determined that it is the duty of the Board of County Commissioners to keep all dedicated streets and roads open for the use of the public, except when specifically closed by Resolution,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Honorable Willis V. McCall, Sheriff of Lake County, be, and he is hereby instructed to remove the citrus trees planted within the limits of Dream Lake Road and to keep the same clear for the use of the public.
Mr. Duncan was advised to get the information on redistricting the County.
payment on voting machines
On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the Final Payment in the amount of $19,199.00 of the Shoup Voting Machine Corp. due on 1-29-62 under contract dated September 3, 1957 and final payment of $4,237.50 due 1-29-62 under the contract dated September 28, 1960 was authorized paid. The total amount due was $23,356.50.
refund out of civil defense
The Clerk read a letter from the Lake County Chamber of Commerce asking for a refund out of Civil Defense in the amount of $65.14. The letter stated that Don Drake of Howey represented the municipal Civil Defense Units at the Florida Civil Defense meeting in Punta Gorda, and the expense was paid out of the Chamber of Commerce funds. A motion was made by Commr. Babb, seconded by Commr. Dykes and carried that Clerk Owens be authorized to pay out of the Civil Defense Fund $65.14 to the Chamber of Commerce fund for this refund.
The assessment for the Florida Forest Service Fire Control for 1961-1962 in the amount of $12,033.60 was authorized paid on a motion by Commr. Cowart, seconded by Commr. Babb and carried.
zoning resolution change in description
County Engineer Givens brought to the attention of the Board that an error was made in the description of the Zoning Resolution adopted on April 4, 1960; WHEREUPON, on a motion by Commr. Dykes, seconded by Commr. Theus and carried, the following Resolution was adopted:
WHEREAS, on the 4th day of April, 1960, as shown by reference to Circuit Court Minute Book 18, page 26, the Board of County Commissioners of Lake County, Florida, adopted a Resolution altering and changing the Zoning Rules and Regulations with reference to the following described tract of land in Lake County, Florida:
That part of the West Quarter (W ¼ ) of the Southwest Quarter (SW ¼) of Section 24, Township 19 South, Range 25 East, South of the Railroad right of way which runs parallel to US Highway 441,
Then classified and zoned as R-1-A (Residential), was amended, changed and rezoned as Class C-1 (Commercial), and
WHEREAS, it has been brought to the attention of the Board of County Commissioners that the applicant for said change was not the owner of the property therein described; that he had furnished the Zoning Commission with an improper description and that the reclassification and rezoning of the tract of land above-described was erroneously changed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Zoning Resolution adopted by the Board of County Commissioners on the 4th day of April, 1960 as it pertains to the above-described tract of land only, be, and the same is hereby rescinded.
spreader, conveyor, hot mix asphalt plant
Commr. Theus suggested that Mr. Cowart is so opposed to the purchase of this machinery, he thinks they should leave this off a while until all have some money. Commr. Dykes is in favor of purchasing now. Clerk Owens suggested that the County Engineer write the State Road Dept. for quotations on hot and cold mix asphalt. It was also suggested that the County Engineer and some of the Commissioners go to Marion County and look at their equipment. Commr. Babb said he will go with the County Engineer.
waterways meeting in tallahassee
On a motion by Commr. Babb, seconded by Commr. Theus and carried, Attorney Duncan and Chairman Simpson were authorized to attend the meeting of Southwest Florida Water Management District in Tallahassee on Wednesday, January 10, 1962.
On a motion by Commr. Theus, seconded by Commr. Babb and carried, the following Vouchers were approved for payment:
General Revenue Fund – No. 343 thru 508 County Buildings (Cap. Outlay) #4 thru 6
Road & Bridge Fund – No. 256 thru 359 Agriculture Bldg. (Cap Outlay) #5 thru 6
Fine & Forfeiture Fund – No. 34 thru 50 South Lake Memorial Hospital #3 thru 6
Mosquito Control No. 25 through 32
following letters filed with the board
A copy of a letter from Paul R. Tidwell, Asst. Dir. Of Finance, SBH to Dir. State Purchasing Comm. re Lake County Health Dept. purchasing cars.
Acme Visible Records, Inc. re change of price of cabinets
Copy of letter from the Orange County Board of County Commissioners and copy of a letter from the Apopka Rec. & Water Con. Control to Alfred McKethan re cooperation with the SW Florida Water Management District.
following reports filed with the board
Lake County Welfare Worker’s Report: Lake Memorial Nursing Home December 1 thru 31, 1961
Lake County Health Department Report
Annual Report of Paul H. Reed, Tax Collector Lake County, Report of Receipts, Expenses and Net Income for the Year ending the 31st Day of December 1961 (See page 574).