MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – September 11, 1967
The Board of County Commissioners convened in regular session on Monday, September 11, 1967, in the Commissioners’ Room in the Courthouse, Tavares, Florida at 10:00 o’clock A.M. with the following members present: Chairman Dykes, Commrs. Cowart, Theus, and Livingston. Also present were Clerk Owens, Attorney Ford, Engineer Hays, Zoning Director Webb and Deputy Clerk Norma Coven. Commr. Babb was still on vacation.
The meeting was called to order by the Chairman and the invocation was given by Mr. Webb.
Complaints
Mr. Harry Holstein of Sylvan Shores Subdivision appeared and requested the County to remove the barricades which have been erected across Sheridan Road and Washington Road, and that the Sylvan Shores Assn. responsible for the barricades be charged with repairing the damage to the streets. Mr. Ford advised the suit filed in Circuit Court resulting from the barricades does not involve the County and the suit has been dismissed. Commr. Livingston requested that Mr. Fogg or Mr. Hemm be requested to appear before the Board regarding this matter and that the Attorney review same and advise the Board.
Later in the day Mr. Fogg appeared and announced he was responsible for removing the barricades and re-erecting them during the street improvements. Attorney Ford advised although he can see no objection to the County removing the barricades, the persons responsible for erecting the barricades should remove them. On motion of Commr. Livingston, seconded by Commr. Cowart and carried, a resolution was adopted that the barricades shall be removed and establishing a 25 mile per hour speed limit on the two streets and prohibiting truck traffic on same.
Indigents
On motion of Commr. Cowart, seconded by Commr. Theus and carried, the present indigent list was approved.
Road maintenance – subdivisions – bids
J. F. Headlee of Sylvan Point Drive appeared relative to the status of resurfacing Sylvan Point Drive. The Engineer advised the estimated quantity of base material was in error, however, since the bid was submitted on a unit price, the correct yardage will be included in the special assessment roll. Motion was made by Commr. Livingston, seconded by Commr. Theus and carried, that the bid of Basic Asphalt Corp. be accepted and the Clerk was instructed to advertise a public hearing for the purpose of hearing objections to any of the assessments as set forth in the special assessment roll.
Right of way – roads
Mr. H. M. French and Jack Lane of Shands & Baker appeared and requested the Board’s assistance in constructing access road into Orange Sand Company pit. Attempts to acquire the right of way have not succeeded. The Board agreed to help secure the necessary right of way, and instructed the Engineer to make a survey of the location.
Public health
On motion of Commr. Theus, seconded by Commr. Cowart and carried, a resolution was adopted authorizing the Lake County Health Department to collect $1.00 fee for the issuance of health certificates and for the issuance of certified copies of vital records effective October 1, 1967.
Opinions – legal
Attorney Ford informed the Board the law relative to defenders and prosecutors in juvenile cases needs further study. It is his opinion the Public Defender may be the one to defend the juveniles. The Attorney was directed to pursue this matter further with the Attorney General.
Attorney Ford reported on the Attorney General’s opinion relative to the County furnishing office space in the Courthouse for the Assistant State Attorney. It is not required but it is proper if the Board chooses and the space is available. The Attorney General was silent on the furnishings. Mr. Ford was instructed to request opinion on the Board furnishing office equipment to the Assistant State Attorney.
Road closings
Engineer Hays reported he has viewed the streets in Craig’s Addition to Sorrento which have been petitioned to be closed and see no objection to the closing of same. Motion was made by Commr. Livingston, seconded by Commr. Theus and carried, the Board authorized advertising for a public hearing to be held on October 9, 1967 of the intention to vacate, abandon and close the following described streets in Craig’s Addition to Sorrento:
That portion of Craig Avenue lying East of the East boundary line of Sixth Street and West of the West boundary line of Lot 15 in Block 9 extended northerly;
That portion of Prairie Avenue lying East of the East line of Sixth Street and West of the West line of Lot 15 in Block 9 extended northerly to the North line of said Prairie Avenue;
That portion of Seventh Avenue lying North of the North line of Sorrento Avenue and South of the South boundary line of the ACL Railroad, Leesburg branch;
That portion of Eighth Street lying North of the South line of Prairie Avenue and South of the South line of the ACL Railroad, Leesburg branch;
All of the above descriptions being accorded to that plat of Craig’s Addition to Sorrento, which plat is recorded in Plat Book 1, page 59, Public Records of Lake County, Florida.
Hospitals
Architect Jack Jones appeared and advised the contractor will not have a request for final payment on the Nursing Home because he does not have release of liens. Clerk Owens reminded the Architect the request must be in by the end of the month in order for payment to be made in this fiscal year.
bids
On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Livingston and carried, the following were accepted as the best and lowest bids on annual county requirements:
CONCRETE PIPE |
12” through 36” |
National Pipe Company |
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24” through 60” |
Vulcan Materials Company and Lakeland Cement Co. |
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GASOLINE and DIESEL FUEL |
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Gasoline |
Standard Oil Company |
20.5¢ per gal. including state tax Tankwagon delivery |
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Diesel |
Standard Oil Company |
11.9¢ per gal. tankwagon from Eustis |
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11.8¢ per gal. tankwagon from Clermont and Leesburg |
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10.2¢ per gal. transport delivery |
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MAINTENANCE TWO-WAY RADIO SYSTEM |
General Electric Company |
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SIGN MATERIALS |
Reflectors and Facings |
3M Company |
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Aluminum Blanks |
Vulcan Signs & Stampings, Inc. |
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Steel Posts |
John M. Warren |
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10” Galvanized Iron Posts and Double Slotted adjustable crosses with allen screws |
D. H. Smith & Associates |
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Caps and double slotted crosses 90o |
Dominion Signal Co., Inc |
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CRUSHED STONE, SLAG AND LIMEROCK |
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Limerock |
Dixie Lime & Stone Co. |
$1.00 per ton |
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Shands & Baker |
$1.00 per ton |
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Crushed Stone #11, #15, #18 |
Shands & Baker, Inc. |
$1.95 per ton |
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Florida Crushed Stone |
$1.95 per ton |
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Crushed Slag #11 |
Florida Crushed Stone |
$2.90 per ton |
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Crushed Slag #15 |
Florida Crushed Stone |
$3.45 per ton |
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Crushed Slag #18 |
Florida Crushed Stone |
$3.70 per ton |
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ASPHALT MATERIALS |
Central Oil Co., Inc. |
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On motion of Commr. Theus, seconded by Commr. Livingston and carried, E. A. Mariani Asphalt Company and Supreme Oil Company, Inc. were accepted as alternative bids in the event Central Oil Company, Inc. does not give prompt service.
STEEL and ALUMINUM PIPE |
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Gator Culvert Co. |
Circular steel corrugated pipe – coated |
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Arch steel pipe – coated |
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Arch aluminum pipe – plain and coated |
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Circular aluminum pipe – coated |
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Thomas Metals, Inc. |
Circular steel corrugated pipe – plain |
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Arch steel pipe – plain |
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Circular aluminum pipe - plain |
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HOT and COLD MIX |
Basic Asphalt Corp. accepted because of shorter hauling distance and better access. |
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OIL and GREASE |
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Standard Oil Company |
Series 2 motor oil for diesel engines |
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Detergent 30 W. oil, supplement No. 1 |
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Hydraulic Hoist Oil |
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#2 Multi-purpose lithium Chassis Grease |
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Sinclair Refining Co. |
Non-detergent 30 W. oil with paraffin base |
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Recess and reassembly
The Board recessed for lunch at 11:15 o’clock A.M. and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Roads – state
Mr. L. R. Huffstetler and Bob Hendrix of the City of Eustis appeared and presented resolution adopted by the City Commission urging the completion of Kurt Street. Clerk Owens advised he contacted the State Road Department relative to this project and the delay was caused by the Board changing the route to Lakeview Avenue, however, corrected plans specifications will be ready the latter part of October. On motion of Commr. Livingston, seconded by Commr. Cowart and carried, the Attorney was directed to forward resolution from the City of Eustis to the State Road Department and request the completion of this project as soon as possible.
Mr. Hendrix also submitted a resolution requesting the Board to urge the State Road Department to proceed with the paving and widening to 48 feet Orange Avenue (SR 44) from Bay Street (SR 19) East to Haselton Avenue. On motion of Commr. Cowart, seconded by Commr. Theus and carried, a resolution was adopted urging the State Road Department to proceed with the construction of SR 44 as soon as possible.
The Eustis city officials presented a resolution requesting the construction of an access road from SR 44 and SR 452 East to SR 19 to provide access to the new fairground site. Motion was made by Commr. Livingston, seconded by Commr. Cowart and carried, adopting a resolution requesting the State Road Department to construct the above described road.
Roads – county
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Board adopted a resolution that “no trucks” be allowed on County Road 3-4361, Holly Drive, and appropriate signs to be erected.
Clerk Owens presented a letter from Florida Food Products, Inc. requesting the Board to change the name of Avalon Road Extension in Lake County (County Rd. #3-0769) to Phil C. Peters Road. A motion was made by Commr. Cowart, seconded by Commr. Livingston and carried, adopting a resolution changing the road name to Phil C. Peters Road.
Road and bridge department
Engineer Hays informed the Board J. D. Manly Construction Company has surplus road materials and would like to sell same to the County. He was instructed to advise Manely Construction, the Board is bound by bids accepted for road materials.
Right of way – roads
The Engineer advised Barney Dillard, Jr. has been notified to remove the trees in the right of way of N. Palmetto Circle and he is supposed to remove the trees this week.
Zoning
On recommendation of the Planning and Zoning Commission and on motion of Commr. Livingston, seconded by Commr. Theus and carried, a resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the classification designated after each description.
1. The West 370 feet of Lot 12, all of lots 13 and 14, and the North 227.4 feet of Lot 22 in S. B. Hewitt’s Sub., according to the plat thereof as recorded in Plat Book 1, Page 52, public records of Lake County, Florida;
AND: Begin 729.27 feet North of Old U. S. Highway 441 on the East line of Lot 9 in James M. Conner Plat, as recorded in Plat Book 1, Page 32, public records of Lake County, Florida; run thence West 342.67 feet to the Northwesterly line of said Lot 9, thence Northeasterly to the Northeast corner of said Lot 9, thence South to point of beginning; now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).
2. That part of: Lot 9 in James M. Conner plat, as recorded in Plat Book 1, page 32, public records of Lake County, Florida, lying North of Old U.S. Highway 441. LESS: The East 350 feet of South 200 feet thereof; not classified and zoned as C-3 (Commercial) and R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).
3. That part of the S ½ of Gov. Lot 6 lying East of U.S. Highways 27-441; AND: The West ¾ of the S ½ of Gov. Lot 7; All in Sec. 5, Tp. 18 S., R. 24.; now classified and zoned as R-1A (Residential) and C-2 (Commercial), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
4. From the center of Sec. 12, Tp. 19 S., R. 25 E., run North 367 feet to the North boundary of Oklawaha Drive, thence run South 87o08’ East 800 feet for the Point of Beginning for this description. From said Point of Beginning, run thence North 13o30’ East a distance of 325 feet, more or less, to the South bank of the Oklawaha Canal. Begin again at POB, run thence South 87o08’ East a distance of 453 feet; run thence South 54o03’ East a distance of 97 feet; run thence North 29o41’40” East a distance of 209 feet, more or less, to the South bank of the Oklawaha Canal, run thence Northwesterly along the South bank of said canal to intersect the Westerly line above described; no classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).
Water pollution
Mr. Webb presented report on Water Pollution Control and Abatement prepared by Wm. L. Dawson, Congressman from Illinois, and stated the purpose of this release is to seek legislation on water pollution control. On motion of Commr. Livingston, seconded by Commr. Cowart and carried, the Board adopted a resolution requesting the Florida Senators and Representatives to endorse legislation to control water pollution.
Mr. Webb requested the Board to activate the law to create a pollution control board within the County. Action was deferred pending advice from Attorney Duncan regarding same.
Budget
Clerk Owens submitted budget of the Oklawaha Water Authority for the fiscal year 1967-68, and same was approved on motion of Commr. Livingston, seconded by Commr. Theus and carried.
Tax assessment
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the Clerk was instructed to redeem part of Tax Certificate 510 of 1967 in the sum of $15.95 and part of Tax Certificate 474 of 1966 in the sum of $13.78, covering Lots 91 and 92, Sec. 1, Sunset Groves, which was double assessed by the Tax Assessor in error.
Inventory
On recommendation of the Engineer and written statement from the Road Superintendent that one 6-cylinder Continental engine, Inventory #4082, and one 9 HP Briggs & Stratton engine and 2 ½ water pump are of equal value, a resolution was adopted authorizing the exchange of the equipment.
Clerk Owens advised he has been unable to secure a better price for the Remington Brand Microfilm Processor, Inventory #2577, and he was instructed to notify Zeller-O’Neal, Inc. the Board Accepts the offer of $500.00 for the machine.
Bonds – misc.
On motion of Comm. Cowart, seconded by Commr. Livingston and carried, bond for carrying firearms was approved for Myrtle W. Peacock.
Contractors’ bonds on the following were approved on motion of Commr. Livingston, seconded by Commr. Theus and carried:
Cole Construction Co. with Fidelity Deposit Co. of Maryland
Benwell Air Conditioning and Heating Co. with Travelers Indemnity
Committees
Chairman Dykes appointed the following named persons as a committee to study the design and construction of buildings at the new fairground location:
Wm. Scott
Wm. Clements
A. H. Ashford
Earl Kelly
D. H. Livingston
Use permits
Permit was filed to Schnepper & Engelhardt for the construction and maintenance of water lines in Glenn’s Cove and the First Addition to Glenn’s Cove.
Soil survey
Supplement to the Cooperative Agreement between the Board and the United States Department of Agriculture amending the effective dates of the Agreement to cover the period from October 1, 1967 through June 30, 1968, was approved by the Board.
Memorandum from the Soil Conservationist was filed showing that 15, 031 acres were mapped during July.
County property
Clerk Owens presented official notice from the Division of Plant Industry certifying movement of clay from the following described clay pit into citrus producing area:
MINNEOLA BLOCK, 8 acres, located 2.5 miles North on US 27 from Hwy. 50 on East side of road, Minneola.
The Engineer was instructed to post no dumping signs on the site.
Checks received
Check from Lawyers’ Title Insurance Corp. in the amount of $50.00 was accepted on motion of Commr. Livingston, seconded by Commr. Theus and carried, and the Clerk was instructed to deposit same to the General Fund.
Transfer of funds
Request from the Sheriff for transfer of funds was approved as follows on motion of Commr. Livingston, seconded by Commr. Theus and carried:
$2,000 from Contingency Fund to:
Salaries of Deputies and Assistants $500.00
Food for Jail $750.00
Jail Utilities $750.00
Cancellation of warrants
On motion of Commr. Theus, seconded by Commr. Livingston and carried, the Clerk was authorized to cancel the following warrants:
I hereby make request for the cancellation of the following warrants which are on hand, delivery having been attempted. (See attached envelopes).
Fund |
No. |
Issued |
Amt. |
Issued To |
Purpose |
Fine & Forfeiture |
1246 |
8/8/66 |
$4.10 |
J. T. Sims |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
1247 |
8/8/66 |
4.60 |
Christopher W. Peck |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
1406 |
9/30/66 |
4.10 |
James Mitchell McDowell |
Witness |
Fine & Forfeiture |
1408 |
9/30/66 |
4.10 |
Betty Miller |
Witness |
Fine & Forfeiture |
1453 |
9/30/66 |
3.60 |
Lawrence Harris |
Witness |
Fine & Forfeiture |
361 |
2/13/67 |
4.10 |
Roy Jordan |
Witness |
Fine & Forfeiture |
906 |
7/10/67 |
3.60 |
Robert Graham |
Witness |
Fine & Forfeiture |
914 |
7/10/67 |
3.60 |
Willie Mae Brown |
Witness |
Fine & Forfeiture |
915 |
7/10/67 |
7.20 |
James Cobb |
Witness |
Fine & Forfeiture |
917 |
7/10/67 |
7.20 |
Ray Hill |
Witness |
Fine & Forfeiture |
933 |
7/10/67 |
4.10 |
Samuel Thomas |
Witness |
Fine & Forfeiture |
987 |
8/14/67 |
3.50 |
Rose Harbor |
Witness |
Fine & Forfeiture |
1006 |
8/14/67 |
3.60 |
Billy Bragg |
Witness |
Fine & Forfeiture |
1010 |
8/14/67 |
6.44 |
Joe Eley |
Witness |
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Fine & Forfeiture |
66 |
11/14/66 |
3.60 |
Ronnie Grinsted |
Witness |
Fine & Forfeiture |
252 |
1/9/67 |
5.20 |
M. S. Richardson |
Witness |
Fine & Forfeiture |
473 |
3/13/67 |
5.00 |
Don McKennon |
Witness |
Fine & Forfeiture |
788 |
6/12/67 |
5.00 |
Cora Lee Ralston |
Witness |
Fine & Forfeiture |
793 |
6/12/67 |
6.50 |
C. W. McPherson |
Witness |
Also, the issuance of stop payment orders and cancellation of the following warrants which are outstanding. |
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Fine & Forfeiture |
546 |
2/14/66 |
$3.20 |
Ken Buse |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
1026 |
6/13/66 |
5.00 |
Leatha B. Wright |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
1234 |
8/8/66 |
5.00 |
Mary E. Rigney |
Wit. Co. Jdg. Court |
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Fine & Forfeiture |
693 |
3/14/66 |
5.00 |
Ella Mae Bradley |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
1166 |
7/11/66 |
6.30 |
Harold Dore |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
1167 |
7/11/66 |
6.30 |
Geraldine Dore |
Wit. Co. Jdg. Court |
Fine & Forfeiture |
253 |
1/9/67 |
3.80 |
Charles James |
Wit. Co. Jdg. Court |
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General Revenue |
2991 |
8/8/66 |
2.10 |
Tommy Lee Brown |
Wit. Coroners Inq. |
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General Revenue |
2632 |
6/13/66 |
21.50 |
Boulwares Drug Store |
Medicine |
General Revenue |
2664 |
6/13/66 |
4.88 |
Boulwares Drug Store |
Mosquito Control |
Accounts allowed
On recommendation of the Architect and on motion of Commr. Theus, seconded by Commr. Livingston and carried, the Board approved expenditure of $250.00 to Executone Systems for repairs to the speaker system in the Nursing Home.
Expenses of Doris Babb and Clerk Owens were approved to attend County Finance Officers Anns. Meeting in Panama City, September 20 – 23, on motion of Commr. Cowart, seconded by Commr. Theus and carried.
Certification from the County Judge that L. R. Huffstetler, Jr. served as Acting County Prosecutor from August 7 – September 6, 1967 was filed and the Clerk was instructed to pay Mr. Huffstetler for time served.
On motion of Commr. Livingston, seconded by Commr. Theus and carried, the Clerk’s action was approved in ordering sufficient checks to comply with the Federal Reserve regulations, cost of same will be less than $1,000.00.
On motion of Commr. Theus, seconded by Commr. Livingston and carried, the following vouchers were approved for payment:
General Revenue Fund |
Nos. |
2063-2256 |
Mosquito Control – State II |
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60-65 |
Fine and Forfeiture |
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220-236 |
Road and Bridge |
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781-864 |
Capital Outlay Reserve – County Bldgs |
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Communications
Copy of letter from the State Board of Health regarding Florida Baptist Encampment was filed.
Report of Citizens Advisory Committee on Recreation and Natural Beauty referred to the Zoning Director
Reports
Monthly report of the Welfare Department was filed.
Minutes
On motion of Commr. Theus, seconded by Commr. Cowart and carried, minutes of the regular meetings of July 3 and July 10 and special meetings of July 19 and 25 were approved as submitted.
On motion of Commr. Livingston, seconded by Commr. Theus and carried, the minutes of the regular meetings of August 7 and 14, and special meetings of August 4, 21 and 28, 1967 were approved as submitted.
There being no further business to bring before the Board, the meeting adjourned at 3:00 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN