MINUTES OF THE REGULAR MEETING OF THE BOARD OF

COUNTY COMMISSIONERS

 

FEBRUARY 12, 1962

The Board of County Commissioners met in regular session in the County Commissioners’ Room in the Courthouse at Tavares on Monday, February 12, 1962, at ten o’clock a.m., with the following present: Chairman Simpson, Commrs. Cowart, Dykes, Babb (Theus absent) Attorney Duncan, Clerk Owens and Engineer Givens.

The Board was called to order by Chairman Simpson.

The invocation was given by Commr. Dykes.

The minutes of January 2, 8 and 22 were adopted as read, on motion of Commr. Cowart seconded by Commr. Babb and carried.

pauper list:

Motion by Commr. Dykes seconded by Commr. Cowart and carried that no changes be made in Districts 1, 2, 3 and 4; and that Flora Patrick for $25.00 per month be canceled in District 5.

Mr. Simpson reported that a party from Sorrento came into his office this morning and stated he has approval from Federal Savings & Loan Assn to build a house on a block of land he owns, but the party on the other side owns land and has fenced in the middle of the street.  Mr. Givens was instructed to look into this and write a letter to the Board regarding what he finds out.

psychiatric ward in eustis hospital

Mr. Duncan advised the Board in compliance with instructions of this Board he went to Tallahassee and talked with the Auditing Department and Attorney General’s office.  The auditing Department had no objections to our proposal if the Attorney General’s office approves it.  The proposal was then presented to the Attorney General’s office and they asked for further information, which we gave them, and at our request the Attorney General’s office wrote a letter as to what they thought the law is.  Mr. Duncan read this letter which, in part, is as follows:  “there appears to be authority for a county to contribute funds to assist in construction of a project of this kind which, although is owned by a non-profit corporation, is nevertheless not a county building.  If it is the desire of the Board of County Commissioners to participate in a project of this nature, it is suggested that specific enabling legislation be secured.  It does appear that the Board of County Commissioners would be authorized to expend funds in connection with the construction of a proper facility for these purposes as an adjunct to the county jail.  I also believe that the properly budgeted funds of the Sheriff’s Office could be used to pay for the housing of psychiatric patients at a facility such as the one proposed by the Hospital Association while such persons were awaiting transfer to a State institution or were confined pending determination of their mental competency on a per patient per diem basis.”

child welfare unit office

Commr. Dykes advised the Board that there are three minor things yet to be done on the building for the Child Welfare Unit, and he would like authority to buy venetian blinds, have one door put in, and install an air conditioner.  Motion by Commr. Babb seconded by Commr. Dykes and carried that Commr. Dykes be authorized to have the three items taken care of.

airport zoning

Mr. J. A. Boyd and Mr. Sandy Pike of the City of Leesburg appeared before the Board and Mr. Pike, as spokesman, stated the City of Leesburg has written the Board a letter enclosing copy of proposed Resolution to be adopted by the City creating or establishing an Airport Zoning Board.  This Resolution sets forth that the said Airport Zoning Board shall have as members two representatives appointed by the City of Leesburg and two representatives appointed by the County of Lake, and in addition thereto, a Chairman elected by majority vote of the members so appointed.  Mr. Duncan stated this area has been zoned by the Zoning Commission.  Mr. Boyd stated that Commr. Theus made a request, through him, that the Board appoint James A. Boyd and Dr. George Engelhard as County members of the Airport Zoning Board.  WHEREUPON, on motion of Commr. Dykes seconded by Commr. Babb and unanimously carried, the following Resolution was adopted:

WHEREAS, Chapter 333, Florida Statutes, 1961, provides among other things, for the appointment of a Zoning Commission confined to the proper zoning of airports and the surrounding territory which may affect the safety of aircraft in the take-off or landing thereof; and

WHEREAS, the necessity for proper zoning of the area about the “Leesburg Airport” owned by the City of Leesburg, but which is not included within any municipal limits of the City of Leesburg, has been brought to the attention of the Board of County Commissioners; and

WHEREAS, Lake County, by and through the Board of County Commissioners, has activated a Zoning Commission under a Special Act pertaining to Lake County only, under which Lake County was authorized to create a Zoning Commission.  And said Zoning Commission, after its activation, has zoned all of the property in Lake County included in said Act and amendments thereto, and including the Leesburg Airport above described, and the territory surrounding the same and the creation of a Zoning Commission under Chapter 333 will, in certain respects, conflict with the authority and zoning regulations of the Lake County Zoning Commission heretofore created; and

WHEREAS, the City of Leesburg has negotiated with the Federal Aeronautics Authority with reference to certain changes in the area of the Leesburg Airport, and the said Federal Aeronautics Authority has required the compliance with Chapter 333, Florida Statutes 1961.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that, in compliance with the request of the Federal Aeronautics Authority, said Board does hereby activate the provisions of Chapter 333 insofar as it pertains to Lake County and, in order to cooperate with the creation of a Zoning Commission under the provisions thereof, and in cooperation with the City of Leesburg, does hereby designate and appoint as two members of said Zoning Commission the following persons:  JAMES A. (TAR) BOYD and GEORGE E. ENGLEHARD, both citizens and residents of Lake County, Florida.

BE IT FURTHER RESOLVED by the Board of County Commissioners of Lake County, Florida, that the above appointed members of the Zoning Commission, in compliance with Chapter 333 above described, be requested in conjunction with the members of said Board appointed by the City of Leesburg and the Chairman to be appointed in accordance with the provisions of said Act, to cooperate with the Lake County Zoning Commission and jointly agree upon Zoning Rules and Regulations for the “Leesburg Airport” and the surrounding territory, and that the limits of the area to be considered by said Zoning Board or Commission be determined by evidence and expert opinion of those trained and expert in aeronautics.

discussion on advertising for sale the cox house in block 40, tavares.  same to be removed from the property

 

Motion by Commr. Cowart seconded by Commr. Babb and carried, that Clerk Owens be authorized to advertise for sale said house, reserving the heater and gas tank, also any movable property.

delinquent tax list to be published

Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the delinquent tax list for the year 1961 be published in the Clermont Press.

equalization board hearing to be published

Motion by Commr. Cowart seconded by Commr. Dykes and carried, that the Notice of the Hearing of the Equalization Board be published in the Tavares Lake County Citizen in July.

barnes RESTAURANT supply company, inc.

Barnes Restaurant Supply Company, Inc. wishes to assign its payment for kitchen equipment for the Jail to Citizens National Bank of Orlando, therefore on motion of Commr. Babb seconded by Commr. Cowart and carried, Clerk Owens was authorized to add to the acceptance letter the following.  “Warrants will be made payable to Barnes Restaurant Supply Co., Inc., and the Citizens National Bank of Orlando and mailed to the Bank.”

renting pumps and pipe to polk county

Certified copy of Motion of Polk County Board of Commissioners stating that the equipment will be transported at the expense of Polk County to and from Leesburg and rent in the amount of $10.00 per pump per hour of use be paid Lake County, etc., was filed with the Board.

Motion by Commr. Dykes seconded by Commr. Babb and carried that the action of the Clerk and Chairman in approving the application of Ves Abney for admission to the T. B. Hospital be approved. Copy of letter from J.B. Hall, M.D., Director Lake County Health Department, to Mayor Joseph Bon Jorn, Clermont, giving a few facts re:  Construction of a Clinic In Clermont was read and filed.

request of small claims court to purchase ibm typewriter

Clerk Owens presented several quotations on different typewriters, which were submitted by the Small Claims Court.  They want to purchase the 13-inch IBM at a cost of $353.00 with trade-in.  Motion by Commr. Dykes seconded by Commr. Cowart and carried, that the Small Claims Court be authorized to purchase a 13-inch IBM at a cost of $353 with trade-in.

Clerk Owens was instructed to return to Mr. Hutchingson his estimate on the repairs on the Chamber of Commerce Building without same being opened.

Mr. French asked that Attorney Duncan furnish the Zoning Commission a Plat of the Airport as to whether it covers the Airport only or the Airport and fringes – outlying area covering part they are to zone.

Clerk Owens was instructed to forward to Mrs. Sudderth the bill of Gregg, Gibson and Gregg dated September 12, 1961 for repair of glass at Lake Memorial Nursing Home in the amount of $8.28, for her to check and advise the Board re this.

Bill of Paul H. Reed, Tax Collector

Bill of Paul H. Reed, Tax Collector, in amount of $5,930.46 for Commissions on remittances made 1-10-62 and 2-8-62, was approved for payment on motion of Commr. Dykes seconded by Commr. Cowart and carried.

contract work for the jail and sheriff’s department – contractor’s REQUEST no. 9

Motion by Commr. Babb seconded by Commr. Dykes and carried, that the bill of Fred S. Conrad Construction Company in amount of $45,185.85 be approved for payment.

lake memorial nursing home – contract work on administrative addition

Motion by Commr. Dykes seconded by Commr. Babb and carried that Contractor’s Request No. 1 – David D. Morris, contractor, for contract work in amount of $3,820.50 be approved for payment.

transfer from item #841-2

Motion by Commr. Cowart seconded by Commr. Babb and carried, that Clerk Owens be authorized to transfer $9,000.00 from Item #841-2 – Furniture & Equipment in the County Home Fund to Item #841-3 – “Construction.”

sr 500, section 11010-2501

Motion by Commr. Cowart seconded by Commr. Dykes and carried, that the bill for appraisal services rendered on the above numbered road be approved for payment and sent to the State Road Department for payment.  Bill being as follows:

Emery Dillard             $2,500

Ed R. Waite                  2,375

H. B. Harrell, Jr.           2,375

sr 50, section 11010-2501 and section 11090-2502, sr 19

Motion by Commr. Dykes seconded by Commr. Babb and carried, that the bill of Emery Dillard for R/W acquisition re: the above sections, for October, November, December 1961 and January 1962, including mileage and telephone, in amount of $2,090 be approved for payment.

Clerk Owens advised the Board that a delegation from Mount Dora, Eustis and Tavares will appear before the Board at 1:30 p.m. today re:  Garbage Disposal.

Mr. Givens advised the Board that he has two requests for permission for dredging in Lake Harris and Little Lake Harris.  He was instructed to write the Game & Fresh Water Fish Commission regarding their approval for dredging. And ask the individuals to bring their requests before the Board.

section 11010-3111 – robie street drainage

Mr. Simpson stated that District Four will fix the ditch and asked that Mr. Duncan request the State Road Department to assume maintenance of the ditch.

pioneer lot marking

Mr. Givens presented a sketch of his marking of the Pioneer Parking Lot, and stated he has only room for 42 cars.  He was advised to make another sketch and see if could make room for more cars.  Should mark off the lot on Saturday when the lot is vacant.

recess and reassembly

The Board adjourned at 11:30 a.m. for lunch and reconvened at 1:30 p.m.

Board called to order by Chairman Simpson.

bell & howell FILM SOUND specialist model 542

Clerk Owens presented quotations from 3 Firms on the above as submitted by Mrs. Marian Valentine, Home Demo. Agent.  Lowest quotation being from Bowstead’s Camera Shop, Orlando, for a net difference of $470.00; WHEREUPON, on motion of Commr. Cowart seconded by Commr. Dykes and carried, Mrs. Valentine, Home Demo. Agent was authorized to purchase from Bowstead’s Camera Shop one Bell & Howell Film sound Specialist Model 542 for a net difference of $470.00.

DISCUSSION on putting rock on a road in District Two.  No action taken.

GARBAGE DISPOSAL.  The delegation from Eustis, Mount Dora and Tavares appeared before the Board to discuss this matter.

                        Tavares – Trenham & Edge

                        Mount Dora – Mrs. Lafroos & Mr. Crane

                        Eustis  - George Reedy

Fred Tanner was also present and stated he has been appointed chairman of the Committee representing the 3 cities and so far we have had 3 meetings and will have another meeting in Mount Dora Friday morning.  We have arrived at 3 optional plans – as follows:

a.      Offer from interested private contractors.

b.     Three cities purchase necessary land and County provide bulldozer and mosquito control continue to cover.

c.      Each city purchase equipment, and do own covering.

DISCUSSION followed re the 3 plans, but no decision reached.

Mrs. Revere, representative of Bell Laboratories, appeared before the Board and presented to the Commissioners means of saving money on gas by use of Mix-A-Go.  She was instructed to consult the County Engineer.

APPRAISAL ON SECTION 1010-2501, SR 500 made by Edwin R. Waite, Emery Dillard and H. B. Harrell, Jr., was presented by Emery Dillard.  Motion by Commr. Babb seconded by Commr. Dykes and carried, that the appraisal be accepted as submitted and all copies be referred to Attorney Duncan.  Mr. Duncan stated that he has talked to Max Brewer and will see him again tomorrow.  He seems to be very anxious to get the contract on the way before the end of the year.  He has to get the deeds prepared and someone try to contact the parties.  The Board should act as quickly as it can so they can get started.  WHEREUPON, on motion of Commr. Dykes, seconded by Commr. Babb and carried, the State Road Department was authorized to make the deeds and go ahead with acquisition of rights of way immediately; and that Emery Dillard and H. B. Harrell, Jr., be appointed acquisition agents on the project.

notice having been advertised for bids for the construction of an auditorium for the agricultural center, the following bids were received, which were opened by robert v. ford, architect and read

 

 

Alt. #1

 

Alt. #3

Base Bid

Fred S. Conrad

 Construction - Jacksonville

 

Deduct

 

$6,000.00

 

Deduct

 

$1,366

 

$93,414.00

Coven Construction Co. – Tavares

Deduct

5,800.00

 

None

115,635.96

Graham Contracting Inc. - Orlando

Deduct

7,000.00

Add

1,500

89,500.00

Gregg. Gibson & Gregg – Leesburg

Deduct

10,186.00

Deduct

207

99,882.00

E. A. Herzog & Sons – Cortez - Leesburg

Deduct

7,677.00

Deduct

300

98,990.00

David Morris, Contractor - Leesburg

Deduct

8,173.50

Deduct

12.00

99,771.00

A. W. Smith & Son - Leesburg

Add

120.00

Deduct

7,914.00

97,388.00

Thompson Bros. – Leesburg

Deduct

9,700.00

 

None

107,500.00

 

Motion by Commr. Dykes seconded by Commr. Babb and carried, that the above bids be referred to Robert V. Ford, architect, for study and recommendations at 8:30 a.m. Monday, February 19th.

hooten case

Clerk Owens reported that the case Lake County vs. Hooten is to be heard on Monday, February 19th.  Mr. Duncan advised the Board that he thinks it is proper to have Walton Hunter associated with Chester Bedell to try the case.  Motion by Commr. Cowart seconded by Commr. Babb and carried, that Walton Hunter, attorney, be employed to be associated with Mr. Bedell in the case Lake County vs. Jack Hooten.

Mr. Duncan reported that he has been requested by Mr. Simpson and Mr. Daugherty to contact Mr. Brewer about Road 46 East of Mount Dora and Road 44 East of Eustis.  Will go to see him tomorrow and will also talk to him about Sinclair Avenue in Tavares,  Mr. Duncan stated that the last time he talked to Mr. Brewer he stated, “Do not let the amount of the appraisal on SR 500 stop you.  You go ahead.”

Motion by Commr. Theus seconded by Commr. Cowart and carried, that Clerk Owens be authorized to transfer funds in the amount of $60,965.34 from the Capital Outlay Reserve – County Building Fund – in the First State Bank and Trust Company of Eustis to the Capital Outlay Reserve – County Buildings Fund – in the Umatilla State Bank.

Motion by Commr. Dykes seconded by Commr. Babb and carried, that the following vouchers be approved for payment:

FUND

GENERAL FUND                              #509 thru 701

ROAD & BRIDGE                             #360   “    493

FINE & FORFEITURE                       #  51   “     66

MOSQUITO CONTROL                    #  33   “     42

COUNTY BUILDINGS

(Capital Outlay Reserve)                   #    7   “       8

 

AGRICULTURAL BLDG. (COR)     #    7   “     10

 

FOLLOWING LETTERS FILED WITH THE BOARD

Invitation to attend the formal dedication of Ocala’s New Municipal Airport February 28-62

 

Letter from R. Emerson B. Protesting the change as suggested by Huskey

Letter from William L. Nims expressing appreciation for the Resolution re his       father.

 

REPORT OF MYRTLE SUDDERTH, COUNTY WeLFARE WORKER FILED.

 

MEETING ADJOURNED

 

 

/s/ Frank E. Owens_________________                                                                                                                   /s/ O. M. Simpson

CLERK                                                                                                                                                                       CHAIRMAN