MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
tuesDAY – september 6, 1966
The Board of County Commissioners of Lake County met in regular session on Tuesday, September 6, 1966, at 10:00 o’clock A.M. in the Commissioners’ Room in the Courthouse, Tavares, Florida with the following members present: Vice Chairman Cowart, Commissioners Dykes and Livingston. Also present were Attorney Duncan, Engineer Hays, Zoning Director Webb, Clerk Owens and Deputy Clerk Norma Coven. Commr. Babb was on vacation and Chairman Theus was present at eleven o’clock.
The meeting was called to order by the Vice Chairman and the invocation was given by Mr. Hays.
It now being the time advertised to receive bids on requirements for the next fiscal year, the Vice Chairman directed the Clerk to open the bids and the Engineer to tabulate same; whereupon, the Engineer reported receiving bids from the following:
ASPHALT MATERIALS - Chevron Asphalt Company
Central Oil Asphalt Corp.
E. A. Mariani Asphalt Co.
Polk Materials, Inc.
Shell Oil Company
Supreme Fuel Company
Central Oil Company, Inc.
Belcher Oil Company of Tampa
HOT AND COLD MIX - Basic Asphalt Corp.
Lindsley Paving Co., Inc.
Orlando Paving Company
CONCRETE PIPE - Vulcan Materials Company
Pinellas Industries, Inc.
Allied Products Company
MAINTENANCE TWO-WAY RADIOS - General Electric Company
Motorola Communications & Electronics, Inc.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Ed Selman, Ernest Smith, C. H. Post, and Charles Calhoun, representing the Umatilla Fruit Co., appeared and complained of R. D. Keene pumping excessively out of Island Lake for irrigation purposes. Attorney Duncan advised in view of the fact that the County is not being damaged, this is a matter between the property owners. On motion of Commr. Dykes, seconded by Commr. Livingston and carried, the Attorney was instructed to write Mr. Keene regarding the condition of the lake and ask him to desist from this excessive practice.
Mrs. Marguerite Lambert appeared and complained of the lack of sanitary conditions at Lake Mack and also of skiers on the lake being a safety hazard. Mrs. Lambert was advised to discuss the matter with the developer of the subdivision or his representative, Mr. Marvin Folsom.
Leontine Williams appeared and requested that the brush and trash be removed from the Oak Grove Memorial Cemetery located on SR 44 at Lisbon. The Engineer was directed to have the prison crew do this work.
Roads – county
C. D. Blount of Mount Dora appeared and asked that the dedicated streets and roads in Lake Franklin Park be opened to the public. On motion of Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted declaring the streets in Lake Franklin Park as dedicated streets and they shall be open to the public.
Resolution not classified elsewhere
Mrs. Scovil of Altoona appeared and requested the Board to recommend to the Department of Public Safety that notices of expiration be sent to the holders of Florida Drivers’ Licenses. Motion was made by Commr. Livingston, seconded by Commr. Dykes and carried, a resolution was adopted recommending to the Department of Public Safety that notices of expiration be forwarded to licensees.
The Zoning Director appeared and presented for approval formal notice to be served on zoning violator James Carroll, whereupon, on motion of Commr. Dykes, seconded by Commr. Livingston and carried, the form was approved and a resolution adopted ordering James Carroll to cease and desist building of residence, and authorizing the Sheriff to serve Mr. Carroll with a copy of the order.
Mr. Webb stated he will not be present at the next regular meeting and reviewed the rezoning applications to be approved by the Board.
Mr. Howard Young, Chairman of the Oklawaha Water Authority, appeared and presented to each member a copy of Dr. Lackey’s first report on the water quality survey. Mr. Young said the sanitation engineers’ report of the lakes in the South end of the County will be forthcoming within the next ten days.
Mr. Young advised he has inspected Lake Yale and feels that this lake needs a thorough study and suggested that the Commission request same of the Southwest Florida Water Management District. Attorney Duncan advised the local authority has this jurisdiction. On motion of Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted requesting the Oklawaha Water Authority to make a survey of desirable water levels in all lakes in North Lake County, and recommend structures needed.
Mr. Livingston reported on the meeting he attended in Sanford with the St. Johns River Valley Air and Water Pollution Committee.
Recess and reassembly
The Board recessed for lunch at 12 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Suits affecting county (Appraisals)
On request of the Attorney, Lester W. Huey was appointed to appraise the damage to the property of Christine Marie Smeltekopf caused by the County destroying a tree during road construction, Chancery No. 19282.
Attorney Duncan advised an order has been entered in the suit regarding the barricade across Bear Pen Road enjoining the County from removing the barricade. On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the Attorney was instructed to file counter claim in the suit.
Request form the County Service Officer for additional office space in the Pioneer Building was referred to Mr. Dykes to handle with the Courthouse Custodian, and if the space is available to arrange for same for Mr. Bryant.
It now being the time advertised to receive bids on requirements for the next fiscal year, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same; whereupon, the Engineer reported receiving bids from the following:
SIGN MATERIALS - Municipal Supply & Sign Corp.
John M. Warren, Manufacturers’ Representative
Dominion Signal Company, Inc.
Vulcan Materials Company
D. H. Smith & Associates, Inc.
GASOLINE and DIESEL FUEL - Standard Oil Company
The Pure Oil Company
American Oil Company
Cities Service Oil Co.
Sinclair Refining Company
Humble Oil & Refining Co.
Gulf Oil Corp.
CRUSHED STONE, SLAG and LIMEROCK - Shands & Baker, Inc.
Dixie Lime & Stone Company
Florida Crushed Stone Co.
Ocala Limerock Corp.
METAL and ALUMINUM PIPE - Florida Pipe & Mfg. Co.
Armco Steel Corp.
Culvert Manufacturing Co.
Florida Culvert Manufacturing Co.
Florida Steel Corp.
Gator Culvert Company
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the bids were referred to the Engineer for study and recommendation to the Board.
A delegation of twenty-four (24) persons from Sylvan Shores Subdivision was present. Albert L. Brown, President of the Sylvan Shores Assn., Inc., presented petition requesting the County to resurface the streets in the subdivision in accordance with Florida Statutes 63-1505. Mr. Brown stated their attorney is working on an escrow agreement with the Bank of Mount Dora.
Mr. Arthur R. Truitt presented written statement opposing certain conditions in the petitions.
Mr. Francis Dennis and Bob Travers appeared and opposed the petition.
The Board accepted the petition in order for the Engineer and Attorney to check the percentage of property owners signing the petition and the percentage of road frontage.
The Clerk presented letter from the State Auditing Department together with a list of findings which will be included in the audit report for the period October 1, 1964 to September 30, 1965. Mr. Owens advised he had signed the receipt for the above and returned same to the Auditor.
The Clerk presented letter from the American Fire & Casualty Company in which they advise that any and all sums due Fred Kuhlman on the Engineering Building should be held for the benefit of the surety. The Clerk stated Mr. Kuhlman advises he may be in a position to settle the accounts within the next week. The Chairman directed the Clerk to notify the insurance company, Mr. Kuhlman and the Architect to have a representative at the next regular meeting at eleven o’clock A.M.
The Clerk submitted letter from the Comptroller’s Office advising the 1966-67 budget is in order with the exception that the millage for the South Lake Hospital District must be rolled back from .333 to .2817 based on increased valuations of the County. Also, letter from the tax Assessor giving the 1966 estimates and the ratio factor of the 1965 and 1966 tax rolls.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Clerk was authorized to correct the budget in accordance with instructions from the Comptroller.
Clerk Owens read a letter from Dr. Hall in which he advised the State Board of Health has agreed to assume all the salary of the County Health Department Director and it will not be necessary for the Board to budget the supplement to his salary.
A summary of budgeted receipts and disbursements of the County Health Unit was filed for the year July 1, 1965 to June 30, 1966.
Clerk Owens advised Itek Corp. has offered $500.00 for the purchase of old obsolete Photostat map machine, whereupon, on motion of Commr. Livingston, seconded by Commr. Dykes and carried, a resolution was adopted declaring the machine, County Inventory No. 165, obsolete and of no value and authorizing the sale of same.
Elections – general
On motion of Commr. Cowart, seconded by Commr. Livingston and carried, the Board appointed Clerks and Inspectors to serve on the election boards for the General Election. List of same on file in the Clerk’s office.
The Clerk submitted a resolution adopted by the Board of Public Instruction requesting this Board to place upon the ballot the question of whether the electors of Lake County would authorize the appointment of Superintendent of Public Instruction of Lake County, and that the vote of the said electors be taken to determine if the electors in said County would be in favor of said appointment of Superintendent of Public Instruction. The Clerk was directed to include the above on the ballot for the General Election to be held on November 8, 1966.
Petition of H. L. Pringle to vacate Blocks 9 and 10, Silver Lake Estates was presented and action deferred pending further information from Mr. Pringle.
The Clerk notified the Board the comprehensive fleet liability and comprehensive hospital liability coverage will expire November 1st. Motion was made by Commr. Livingston, seconded by Commr. Dykes and carried, that the Clerk be authorized to advertise for bids on the policies expiring November 1.
It now being the time advertised to hold a public hearing on petition to close a portion of unnamed street in F. J. Hinson’s Plan, and no one being present to object to the closing, action was deferred until Commr. Babb is present.
The Engineer reported he has investigated the dedicated road H. A. Getford wants closed in Tremains Subdivision and sees no objection to the closing. Public Hearing having been held on July 5, 19566 with no one appearing in objection, a motion was made by Commr. Livingston, seconded by Commr. Cowart that the following described road be vacated and abandoned by Lake County:
All that portion of the “Dedicated 40 foot road” lying between Lots 1 and 15, according to Tremains Subdivision in Sec. 5, Tp. 19 S., R. 27 E., as shown by Plat thereof filed and recorded in the public records of Lake County, Florida, in Plat Book 1, Page 21; EXCEPT that portion thereof as is included in the “Clay road” now existing and crossing said Lot15 of Tremains Subdivision, as shown by Plat of Survey attached thereto and made a part of the Petition.
Roads – state
The Clerk presented right of way contract, State Road Department resolution and map of survey and location on Job 11040-2503; SR 25-A from SR 25 in Leesburg Easterly to SR 500, whereupon, on motion of Commr. Livingston, seconded by Commr. Cowart and carried, a resolution was adopted whereby the County agrees to furnish the necessary rights of way, borrow pits and easements for said road and authorizing the County Attorney to proceed with condemnation proceedings and the Chairman and Clerk to execute the right of way contract.
Clerk Owens filed letter from the State Road Department advising that Macasphalt Corp. of Lakeland was the low bidder on Job 11180-3502, SR 455 between SR 50 and SR 561-A Northwest of Montverde.
The Clerk read a resolution from the Board of Public Instruction requesting the Board of County Commissioners to extend Kurt Street in Eustis South to U.S. 441 and SR 19. Due to the fact this request was included in the 1966-67 road requests, no action was taken by the Board.
State road department
The Clerk filed statement from the State Road Department showing the County’s Secondary Fund status as of June 30, 1966, and copy of same was distributed to each member.
Memorandum from the Soil Conservationist was read and filed advising that 5,339 acres were mapped during the month of August.
On motion of Commr. Cowart, seconded by Commr. Livingston and carried, the Engineer was authorized to prepare notice to bidders on the following items:
Oil and Grease for next fiscal year – 10/3/66
Paving driveway and parking lot at Agricultural Center – 10/3/66
Air Board – 12/5/66
Compact car for right of way agent – 11/14/66
Pickup truck for District 5 – 11/14/66
Propane gas tanks and storage tanks – 11/7/66
Mr. Hays requested approval of vacation time September 15, 16 and 19, and same was approved by the Board.
On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the Attorney was instructed to request the Atlantic Coast Line Railroad Company to install 24’ timber crossing 513’ Southwest of Mile Post TA 787 in Sorrento, to be maintained by the County. Also, to request a private crossing for Dr. Hawthorne 374’ Northeast of Mile Post TA 788 in Sorrento. Dr. Hawthorne to pay the cost of the installation.
Roads – county
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted prohibiting through trucks on the streets and roads in Golden Heights Subdivision.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, George Coffey was appointed to appraise the property of Mrs. Doris Gilbert, Lot 8 in Testhaven Subdivision, for the Board’s consideration in exchange for county property on peninsula on the Dora Canal.
On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Livingston and carried, the Hyacinth Control Spray program will be under the supervision of the Mosquito Control Director. The County will continue to furnish personnel and supplies for the program. This change will become effective as soon as the Engineer and Mosquito Control Director can work out the details.
On recommendation of the Engineer and on motion of Commr. Dykes, seconded by Commr. Cowart and carried, the following policy was established as duties of the right of way agent to be effective October 1, 1966:
County Road right of way acquisition
County Road inventory
Utility use permits
State and County acquisitions
Information for suits
Primary and secondary roads
State Road right of way, easements, acquisitions
Borrow pits, etc.
State and County appraisals
Joint approval with State appraiser as to price
Review (with recommendations) fee appraiser’s appraisal with State appraiser
Check all County appraisals
Run preliminary appraisal on all projects with one or two men from Lake County Tax Assessor’s Office
Road & bridge department
After discussing the format as prepared by the County Engineer for consolidating the Road and Bridge districts under one road department, motion was made by Commr. Dykes, seconded by Commr. Cowart and unanimously carried that Lake County consolidate its road districts effective October 1, 1966 under the supervision of the County Engineer. The policy as prepared by the Engineer is hereby made a part of the minutes. SEE PAGE 503
On motion of Commr. Livingston, seconded by Commr. Dykes and carried, check from Lindsley Paving Company, Inc. in the amount of $35.65, reimbursement for cable, was accepted and the Clerk was instructed to deposit same to the Road and Bridge Fund, District No. 4.
Check from Inland Abstract & Title Company in the amount of $50.00 was accepted on motion of Commr. Dykes, seconded by Commr. Livingston and carried, donation, and the Clerk was instructed to deposit same to the General Fund.
Copy of notice from the State Board of Health requesting the State Association of County Commissioners to support the continued role of the Health Departments in environmental health work was read and filed.
Notice from the State Department of Civil Defense requesting representation from the Board to a meeting to be held September 13 in Orlando regarding a more effective natural disaster operation between the various governmental agencies.
e. central florida regional planning council
Minutes of meeting held July 19, 1966 in Leesburg, Florida were filed and copy distributed to each member.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, expenses of the Zoning Director were approved to attend State Association of County Planning and Zoning Directors in Hollywood on September 12, 1966.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, the Zoning Director was authorized to purchase an air conditioner unit from Eustis Dodge, Inc. to be installed in 1965 Valiant at a cost of $253.00.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, bill from Williams Development Company in the amount of $6,499.00 was approved for payment of one-half by the Board and one-half by the Oklawaha Water Authority.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the following attorneys’ fees were approved in the case Lake County vs Hooten:
Duncan and Ford $1,200.00
W. B. Hunter 250.00
Bedell, Bedell, Dittmar & Smith 3,587.14
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Agricultural Agent was authorized to purchase the following items:
1 Bookcase to hold 32 4-H Club Project Material Notebooks $82.00
1 Camera with flash attachment for newspaper pictures 93.00
1 Automatic Slide Projector 139.60
1 File Cabinet 70.00
1 Rotovator (Cultivator with depth wheels, complete) 172.00
4-H Supplies 188.30
Shrubs for landscaping Agricultural Center 100.00
Motion was made by Commr. Livingston, seconded by Commr. Dykes and carried, that the interest and principal on certificates of indebtedness be paid.
Expenses of Mr. & Mrs. Polhamus were approved to attend Work Shop for Superintendents of Detention Homes in Daytona Beach on September 21-23, on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
On recommendation of the Engineer and on motion of Commr. Dykes, seconded by Commr. Livingston and carried, the Board authorized the purchase of another mobile radio unit to be installed in Alfred Ponds new pickup truck. The unit presently in Ponds’ truck will be transferred to the truck operated by L. H. Lewis.
On motion of Commr. Livingston, seconded by Commr. Cowart and carried, the payrolls for the month of August were approved.
Request from the County Service Officers’ Assn. for the County Service Officer to attend the annual convention of State Assn. of County Commissioners in Hollywood was denied due to lack of funds in the budget.
Commissioners – county employees
The Board having considered recommendations made by the State Auditor on April 11, 1966, policy was adopted as to the following items: SEE PAGE 502
Letter from the Lake Improvement Assn., Inc. requesting additional seine hauls in Lake Griffin was read and filed.
Copy of letters regarding the following from the State Board of Health were filed and copies of same forwarded to the Zoning Director:
Church of God Retreat
Clear Lake Family Campground
Shady Grove Youth Camp
Treasure Island Resort Mobile Home Park
Copy of notices regarding the following from the State Board of Health requesting monthly operation reports for wastewater treatment plant were filed:
Southernaire Trailer Park
Pink Top Motel
El Red Mobile Manor
Griffwood Trailer Park
Morgan’s Fish Camp & Trailer Park
Agricultural Workers Housing Labor Camp
Annual report from the Farm Forester regarding the Lake-Seminole Farm Forester Project was filed and copy distributed to each member.
The following monthly reports were filed:
Planning, Zoning and Building Department
County Agents and Assistants
Veterans Service Officer
Surplus Commodity Warehouse Supervisor
Florida Division of Corrections regarding Road Prison #58, and County Jail and Stockade
In order for the members to attend the State Convention in Hollywood, the Chairman ordered that the next regular meeting be held at 9:00 o’clock A.M.
There being no further business to bring before the Board, the meeting adjourned at 5:45 o’clock P.M.