MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – october 3, 1966
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse in Tavares on Monday, October 3, 1966, at 10:00 A.M. with the following members present: Chairman Theus, Commrs. Cowart, Dykes, Livingston and Babb. Also present were Clerk Owens, Engineer Hays, Zoning Director Webb and Deputy Clerk Norma Coven. Attorney Duncan was in Circuit Court.
The meeting was called to order by the Chairman who gave the invocation.
bids
It now being the time advertised to receive bids on the following items, it was moved by Commr. Livingston, seconded by Commr. Dykes and carried, that the Clerk be directed to open and tabulate the bids. Whereupon the Clerk reported receiving bids from the following:
Oil and Grease
Standard Oil Company
Gulf Oil Corporation
Sinclair Refining Co.
Paving Parking Lot Agricultural Center
Basic Asphalt Corp. $.90 per sq. yd.
Carroll Contracting Co. $3,162.00
Lindsley Paving Company $.90 per sq. yd.
Orlando Paving Company $.87 per sq. yd.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Later in the day on recommendation of the Engineer and on motion of Commr. Babb, seconded by Commr. Dykes and carried, the Board accepted the low bid of Orlando Paving Company at a cost of $.87 per sq. yd. to resurface parking lot at the Agriculture Center.
juries
Sheriff McCall appeared and complained of the names selected by the Jury Commissioners for jury service. Many have moved from the County and many are deceased and a large percentage of the ones selected are the same each year. Clerk Owens advised the Sheriff that the Jury Commissioners are appointed by the Governor and this Board has no jurisdiction over them. The Clerk further advised the Jury Commissioners are supplied with a list of the registered voters, from which they make their selections, by the Supervisor of Elections.
Transfer of funds
The Sheriff presented written request to transfer $300.00 from the Equipment Account to the Investigation Account which was approved on motion of Commr. Dykes, seconded by Commr. Livingston and carried.
complaints
Mr. T. C. Hanson of Lady Lake appeared and complained of the financial support given to the Lake County Development Commission, the Office of Economic Opportunity and the Hospital Districts. The Chairman advised Mr. Hanson no financial support has been given to the Office of Economic Opportunity. The County is furnishing them unoccupied office space only.
The Clerk read a letter of complaint from H. R. Thurmond objecting to survey across his property. He was instructed to secure additional information regarding this.
deeds
On motion of Commr. Livingston, seconded by Commr. Cowart and carried, deed and easement conveying the following described properties to Lake County were accepted:
GRANTORS: Noel Griffin and Ada P. Griffin, his wife
Commence at the Southeast corner of Section 8, Township 19, South, Range 27 East; thence run South 89°24’ West 2,641.81 feet to the centerline of State Road S 44B; thence run North 1°28’30” West 1,230.30 feet along said centerline to the Point of Beginning; thence continue running North 1°28’30” West along said centerline a distance of 50.00 feet; thence run North 88°03’30” East 890.65 feet to the West boundary of an airport; thence run South 0°36’ East along said West boundary a distance of 50.01 feet; thence run South 88°03’30” West 889.59 feet to the Point of Beginning LESS RIGHT OF WAY FOR STATE ROAD S 44B.
GRANTORS: Garard M. Dillard and Barbara A. Dillard, his wife
Commence at the Southeast corner of the NW ¼ of the NW ¼ of Section 28, Township 19 South, Range 27 East; thence run North 89°58’10” East 60.00 feet; thence run South 0°54’40” East 25.00 feet; thence run South 89°58’10” West 60.00 feet; thence run North 0°54’40” West 25.00 feet to the Point of Beginning.
petitions
Mr. Fogg and Mr. Amory were present and asked for the Engineer’s report on the petition filed by the Sylvan Shores Assn. Inc. Mr. Hays reported of 32,306 front feet, 24,360 feet is involved in the petition, or 75.4 percent; and of the total number of owners 290, 225 signed the petition, or 77.58 percent. Mr. Hays advised he and Mr. Ford, of Duncan and Ford, Attorneys, had met with several of the owners and it is their recommendation that the East-West streets be paved and something else worked out on the North-South streets. Commr. Livingston asked Mr. Amory to figure out the amount of front footage involved in the North-South streets.
Commr. Livingston stated for the record, this Board has not joined with the City of Mount Dora in any agreement and no member of the city council has contacted him regarding this petition and the Board of County Commissioners is not taking sides in this matter.
Later in the day Commr. Livingston moved that the Attorney be instructed to prepare notice for public hearing on the petition for November 14, 1966 at 2:00 p.m. The motion was seconded by Commr. Dykes and carried.
Roads – county
Mr. D. T. Larabee appeared requesting the Board to accept right of way for a new county road from SR 473 to SR 44, ¼ mile North of the South boundary of Section 11/19/25 and 10/19/25. Motion was made by Commr. Babb, seconded by Commr. Livingston and carried that deeds conveying 50’ right of way for the above described road be prepared.
The Engineer reported there are several locations in the county where it is necessary to hand mow the right of way because of fences being too close to the road to use machinery, and he would like to consult with the Attorney regarding a permissive act whereby in cases where fences make it impossible to machine mow, the county would not maintain the right of way; however, the roads would remain prescriptive roads. The members concurring, the Chairman authorized Mr. Hays to discuss this with the Attorney.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, a resolution was adopted giving the Commission authority to have citrus trees on rights of way of public roads and streets removed after proper notice to the owner that the trees are in the way of automobile or other vehicles.
The Engineer discussed a list of 20 road jobs which have been started in the County under the old road and bridge system and asked the members to tell him the priority in which they want the jobs completed.
Clerk Owens presented a letter from Mid-Florida Air, Inc. regarding the entrance road to the airport located east of Eustis on SR 44-B. Commr. Livingston advised the easement has already been secured from Noel Griffin for a 50 ft. road; however, Mr. Griffin has to remove a fence from the right of way and as soon as this is done, the road will be constructed.
Recess and reassembly
The meeting recessed at 12:00 p.m. for lunch and reconvened at 2:00 p.m. to take up the remaining items of business.
County employees
Motion was made by Commr. Livingston, seconded by Commr. Dykes and carried, the Countywide Policy pertaining to employees’ sick leave was amended to include the following:
SICK LEAVE – 4 – Sick leave may be used for attending funeral of:
a. Employee’s spouse, child, mother, father, brother, or sister.
b. Mother, father, brother, or sister of employee’s spouse.
Clerk Owens presented letter from the Chief Juvenile Counselor that Imogene K. Merrill be given three months leave of absence due to pregnancy, and that Mrs. Dorothea Mursch be employed in her place. On motion of Commr. Cowart, seconded by Commr. Livingston and carried, the Board approved the request.
suits affecting county
The Chairman filed appraisal from Lester Huey on examining the damage to property of Mrs. Smeltekopf, his opinion being “if any, beyond the improvements of the new road, is $125.00.”
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Board accepted the appraisal and instructed the Attorney to handle this matter to a conclusion.
road maintenance – subdivisions
Mr. Morgan of Treasure Island Fishing Resort appeared and complained that the County has stopped maintaining the entrance road to his fishing resort and would like to have the road maintained. Commr. Babb advised him it is not the County’s policy to maintain the roads in subdivisions. Mr. Morgan stated he is referring to the road which leads off the highway into his camp, which is not in the subdivision. Commr. Babb said under the circumstances he will maintain the road up to the fish camp.
State road department
On recommendation of the Engineer and on motion of Commr. Dykes, seconded by Commr. Babb and carried, a resolution was adopted requesting the State Road Department to appoint local surveyors to make centerline surveys on state roads within the County.
Roads – state
The Engineer presented for the Chairman’s signature a memorandum from the State Association pertaining to information regarding state secondary roads in the County.
On motion of Commr. Babb, seconded by Commr. Livingston and carried, a resolution was adopted requesting the State Road Department to construct two approaches on the East side of SR 473 at the following locations, cost of same to be paid from secondary funds:
Right of Station 138+09.34
Right of Station 157+12.70
On motion of Commr. Babb, seconded by Commr. Dykes and carried, a resolution was adopted requesting the State Road Department to erect a retaining wall around the property of Clyde Ransick along State Road 19 and pay the cost of same from secondary funds.
salaries and wages
Chairman Theus presented letter from the County Judge giving recommendation of the Board of Visitors to the Juvenile Home regarding the salary of the matron, superintendent, assistant matron and assistant superintendent. Said recommendations are within the amount budgeted for the salaries for the year and were approved by the Board.
Civil defense
Notice from the Civil Defense Director regarding Medical Self-Help training course starting Tuesday, October 11, 1966 at 7:00 p.m. was read and filed.
Planning and zoning
The Zoning Director presented to each member Development Trends Report prepared by Adley Associates, Inc., with reference to long range program in the County. Mr. Webb asked the Board members to review the report thoroughly in order to be conversant with Mr. Dake when he returns for another session with the Board.
water levels
Clerk Owens advised Joe Knowles had called and requests the Board to send a telegram to Senators Holland and Smathers and Representative Herlong urging that sufficient funds be allocated for the reconstruction of Moss Bluff Lock and Dam due to the present rising waters making the present situation critical and hazardous. Motion was made by Commr. Dykes, seconded by Commr. Livingston and carried instructing the attorney to prepare telegram accordingly.
lake county development commission
The Clerk submitted notice from the Development Commission advising it is necessary to appoint members to the Commission for the 1966-67 year. Whereupon, the following persons were appointed:
District No. 1 – H. W. Hall
3 – George W. Daugherty
4 – Alfred Rehbaum, Jr.
5 – Forest L. Carpenter
Mr. Cowart said he would appoint a member from his district at the next meeting.
road closings
Petition of W. E. Mincey, Jr. to close certain streets in Sections 30 and 31, Twp. 20 S., Range 26 E. having been deferred from September 12th and no one appearing objecting to same, motion was made by Commr. Dykes, seconded by Commr. Babb and carried, that a resolution be adopted closing and vacating the following described streets:
Begin at the Northeast corner of Government Lot 4, Section 30, Township 20 S., Range 26 E., run South 333 feet, West 600 feet, South 333 feet, East 600 feet, South to Southeast corner of Government Lot 4, West 1518 feet, North 100 feet, West 100 feet, South 100 feet, to Lake Northerly along Lake Shore to Northwest corner of Government Lot 4, East to point of beginning.
ALSO
Begin 330 feet South of Northeast corner of Government Lot 1, in Section 31, Township 20 S., Range 26 E. run South 408 feet, West to Lake Harris, begin again at P.O.B., run West 330 feet, North 330 feet, West to lake, Southerly along lake to intersect first line.
Petition of James E. and Mary A. Clark and Dorothy and Warren P. Canova to close certain street in F. J. Hinson’s Plan being deferred from September 6th and no one having appeared objecting to same, a motion was made by Commr. Babb, seconded by Commr. Livingston and carried, adopting a resolution to close and abandon the following described street:
All that unnamed street extending from Main Street to Lake Pearl, lying between Lots 10 and 11, shown on said Plat of F. J. Hinson’s Plan, as being 60 feet in width.
permits and licenses
Bonds for carrying firearms were approved for the following:
Harry V. Walter
Abe T. Gaskins
Use permits to Sumter Electric Coop., Inc. for the construction and maintenance of power line along County Roads #4-5884 and #4-5983 and #3-4355 were filed.
hospitals
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the action of the Chairman and Clerk in approving petitions to the Southwest Florida Tuberculosis Hospital were approved for the following:
Wilson Harvey Pardue
Earl Clifford Alger
Notices from the Hospital were filed as follows:
Wm. Sylvester Rybolt left against medical advice on September 11, 1966.
Lloyd Henry Moat was discharged with medical advice on September 26, 1966.
The Clerk submitted for filing copy of letter from the Nursing Home Administrator to the State Board of Health regarding “Extended Care Facility” forms for the Home.
Soil survey
Memorandum was filed from the Soil Conservationist reporting that 7,808 acres were mapped during September.
county property – appraisals
Commr. Dykes submitted appraisal made by George Coffey of County property located in Rose Haven Subdivision showing a value of $1,000; and appraisal of Doris Gilbert’s property in Rose Haven Subdivision showing a minimum value of $1,500. On motion of Commr. Livingston, seconded by Commr. Dykes and carried, the Attorney was instructed to prepare the necessary papers to advertise for the exchange of land between the County and Mrs. Gilbert.
Soil survey
On motion of Commr. Livingston, seconded by Commr. Cowart and carried, the Chairman and Clerk were authorized to execute addendum to the Cooperative Agreement extending the contract time from October 1, 1966 to June 30, 1967.
contracts
Clerk Owens advised the contract on the Engineering and Zoning Office Building has been completed. The bonding company paid the subcontractors and vendors and secured releases of liens from them, which are filed herewith, and we in turn secured waiver from the bonding company before releasing final check to them.
On motion of Commr. Babb, seconded by Commr. Dykes and carried, the Clerk and Attorney were authorized to proceed with final negotiations with the bonding company to settle accounts on the Juvenile Home Kitchen.
audits
The Clerk submitted Audit Report No. 6471, which was made on the audit of the accounts and records of the Board of County Commissioners and Oklawaha Basin Recreation and Water Conservation and Control Authority for the fiscal year ending September 30, 1965, and same is hereby filed and made a part of the public records of the Board, pursuant to Sec. 21.121 (3) Florida Statutes.
railroads
Chairman Theus presented letter from the Atlantic Coast Line Railroad Company regarding public crossing located 1,559 ft. east of Mile Post TA-787 in Sorrento together with bill for $63.97 covering expenses incurred by the railroad incident to the crossing. Motion was made by Commr. Livingston, seconded by Commr. Babb and carried, that the bill be approved for payment.
east central florida regional planning council
Minutes of the August 23rd meeting held in Titusville were filed and copy of same distributed to each Board member.
meetings
Commr. Livingston reported on meeting of the St. Johns River Advisory Committee on water and air pollution. The Committee is considering legislation to set up a governing board to police water and air pollution in twelve counties bordering the Oklawaha and St. Johns Rivers.
Accounts allowed
On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Babb and carried, the Board approved the purchase of two dozen pair hip length rubber boots for the prison road crews, at a cost of $9.98 per pair.
Request from the Agricultural Agent for advance expense money for him and the Home Economic Agent to attend State Horticultural Society Meeting in Miami, October 24-27, and the National Association of Home Economic Agents in Chicago on October 28 – November 3, was approved on motion of Commr. Babb, seconded by Commr. Livingston and carried, and the Clerk was instructed to advise Mr. Kelly the Board does not advance funds for any travel expense.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Attorney was authorized to forward bill in the amount of $750.00, Law Case #7196, to the State Road Department for payment from secondary funds. Also, bill from the Court Reporter in the amount of $1,540, Law Case #7401.
On motion of Commr. Dykes, seconded by Commr. Babb and carried, the Clerk was authorized to increase stenographic assistance for the Attorney’s office from $400.00 to $450.00 per month effective October 1, 1966.
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, appraisal fee of $25.00 from Lester Huey was approved regarding the Smeltekopf property.
Request from the Zoning Director to attend Florida Development Commission meeting in Orlando on October 5, 1966 was approved on motion of Commr. Dykes, seconded by Commr. Livingston and carried.
On motion of Commr. Livingston, seconded by Commr. Cowart and carried, the Clerk was authorized to issue $25.00 warrant to the Zoning Director to be used as petty cash fund for this fiscal year.
Requisition from the County Judge’s office for $12,330.00 was approved on motion of Commr. Dykes, seconded by Commr. Babb and carried.
Requisition from the Sheriff for $24,600 was approved on motion of Commr. Livingston, seconded by Commr. Cowart and carried.
On recommendation of the Engineer and on motion of Commr. Livingston, seconded by Commr. Dykes and carried, the Clerk was authorized to pay the City of Mount Dora $25.00 per month for laboratory tests on samples from the sewage disposal plant.
Requisition from the Clerk of the Court for $1,000 advance to pay State Trial Witnesses during Fall Term Court was approved on motion of Commr. Livingston, seconded by Commr. Cowart and carried.
Expenses of the County Service Officer to attend Mid-Winter Conference in St. Petersburg on November 2-4 were approved on motion of Commr. Dykes, seconded by Commr. Babb and carried.
On motion of Commr. Babb, seconded by Commr. Dykes and carried, the Clerk was authorized to purchase two plat books from Lake Office Equipment, Inc. at a cost of $42.00 each.
Request from the Clerk’s Office to purchase 3,000 inventory labels from Bowen Supply Company for $289.50, which price includes $30.00 charge for negative plat, was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
The Clerk was authorized to purchase two docket books, #63 and #64, from Bowen Supply Company for $260.00 on motion of Commr. Dykes, seconded by Commr. Babb and carried.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Clerk was authorized to redeem tax certificate No. 181 of 1961 in the amount of $5.64.
On motion of Commr. Dykes, seconded by Commr. Livingston and carried, the payrolls for the month of September were approved.
communications
Letter of appreciation from the Orange Bend Community thanking the Board for cleaning brush and trash from the cemetery was read and filed.
Letters from the State Board of Health regarding Rogers Hotel & Nursing Home and Malibu Groves Subdivision were filed.
Resolution from the City of Eustis requesting pedestrian cross-over on SR 19 at Taylor Street was read and filed.
reports
The following monthly reports were filed:
Planning, Zoning & Building Department
Veterans Service Officer
County Agents and Assistants
Surplus Commodity Warehouse Supervisor
Florida Division of Corrections regarding Road Prison No. 58 and Lake County
Jail and Stockade
The following reports were filed:
Water Quality of a Portion of the South Lake County Chain of Lakes
Florida Hurricane Survey Report
Florida Vital Statistics of 1965
Florida Public Welfare News
Southwest Florida Water Management District – Florida Land and Water
Resources
State Board of Administration 7/1/65 to 6/30/66
There being no further business to bring before the Board, the meeting adjourned at 4:00 P.M.
___________________________________ ______________________________
CLERK CHAIRMAN