MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
monday – november 6, 1967
The Lake County Board of County Commissioners of Lake County, Florida, met in regular session in the Commissioners’ Room in the Courthouse in Tavares on Monday, November 6, 1967 at 10:00 a.m. with the following members present: Chairman Dykes, Commrs. Cowart, Livingston and Babb. Others present were Clerk Owens, Attorney Duncan, County Engineer Gordon Hays, Zoning Director Robert S. Webb, and Deputy Clerk Norma Coven. Commr. Theus was on vacation.
The meeting was called to order by the Chairman and the invocation was given by Mr. Hays.
bids
It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids from the following:
SURFACING SILVER BEACH HEIGHTS
Basic-Asphalt Corp. $8,566.98
Carroll Contracting Co. 8,231.02
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the bids were referred to the Engineer for study and recommendation to the Board.
RADIO COMMUNICATION EQUIPMENT
Motorola $2,353.00
Personal TV 1,714.80
RCA 2,156.00
General Electric 2,548.00
On motion of Commr. Livingston, seconded by Commr. Babb and carried, the bids were referred to the Engineer for study and recommendation to the Board.
TWO DUMP TRUCKS WITHOUT BODIES
Eustis Dodge, Inc.
Jungle Auto Service
Creamons Chevrolet Co.
Hodges Equipment Co.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the bids were referred to the Engineer for study and recommendation to the Board.
INDUSTRIAL TRACTOR
Lake Sumter Equipment Co. $3,200.00
Hodges Equipment Co. 2,199.59
Lake Ford Tractor Co. 3,062.00
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the low bid of Hodges Equipment Company was accepted as the best bid.
On motion of Commr. Babb, seconded by Commr. Livingston and carried, the Clerk was authorized to advertise for three new pickup trucks for the Mosquito Control. Bids to be received on December 11, 1967.
On motion of Commr. Babb, seconded by Commr. Livingston and carried, bid of Basic Asphalt Corp. in the sum of $1,724.58 was accepted for surfacing Sylvan Point Drive.
Licenses & permits
Bill McIntyre representing Humble Oil Company appeared and requested permission to drill ten (10) exploratory holes on county right of way. Mr. McIntyre advised the work can be completed within one month. Motion was made by Commr. Babb instructing the Attorney to prepare agreement allowing Humble Oil Company to do the exploratory drilling requested.
Funds – transfer
On request from the Mosquito Control Director, the Board approved the following fund transfers totaling $4,415.00 from the General Revenue Fund:
From Acct. No. 67502 $4,170.00
From Acct. No. 67507 245.00
To Acct. No. 67503 240.00
To Acct. No. 67582 4,175.00
Public health
Mr. Milton stated the original five year agreement for the operation and supervision of the Tri-City Landfill is expiring and thinks the Board should consider its future participation in this program. No action at this time.
prisoners
Mr. Milton requested permission to have the prisoners paint the Mosquito Control barn. The Board discussed the feasibility of this but no decision was made.
Water pollution
Howard Young and W. H. Reedy appeared relative to the County activating the law to establish a pollution control board. Mr. Young and Mr. Reedy were in accord in their belief that such a control board is necessary.
During the discussion Representative Syd Herlong appeared and expressed his opinion that air and water pollution control cannot come too soon. Air pollution bill has been passed by the House whereby the larger cities will benefit.
Chairman Dykes appointed Mr. Young, Mr. Duncan and Mr. Webb to study the act and make their recommendations to the Board.
County buildings
Dr. Hall was present and asked for two locations to show the representatives from Jacksonville as a possible site for the construction of the proposed health building. The Chairman stated determination on this will be made after lunch.
Mrs. Katherine Baker, Supervisor of Elections, appeared and advised her office is completely inadequate to continue in the pace provided. The board agreed to have the architect make this recommendations regarding this problem.
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.
Maps & Plats
E. T. Hall presented plat of Beverly Point, First Addition, owner Beverly Shores, Inc. Mr. Hall stated the City of Leesburg has agreed to annex this property into the city limits as soon as the plat is recorded. Attorney Duncan advised Lawyers Title Insurance Corp. Policy V415-992 shows the title is in order with no encumbrance or mortgages. Letter from the Engineer recommending the subdivision for septic tank sewage disposal and advising that the access road is impassable and no permanent street markers have been erected. Motion was made by Commr. Babb that the plat be approved subject to letter from the City of Leesburg that the subdivision will be taken into the city limits and improvements will be made to the access road. The motion was seconded by Commr. Cowart and carried.
Later in the day Mr. Grizzard appeared and submitted letter agreeing to improve the road to county specifications within one year’s time. If the road work is not done within the specified time, the County will do the work, with the cost of same paid by the owner. Mr. Grizzard stated he has an agreement with the City of Leesburg that the subdivision will be annexed when the plat is approved.
Mr. Hall presented plat of Imperial Mobile Terrace, Third Addition, owners Charlie and Gladys Squibb. Attorney Duncan advised Lawyers Title Policy V415-994 shows the title is in order and the plat appears to be all right with proper access. Letter from the Engineer recommending the subdivision for septic tank type sewage disposal and no permanent street markers erected. Zoning Director Webb questioned if the 10’ utility easement would meet the requirement of a buffer strip between two mobile home sites. Attorney Duncan said this would meet the requirements. On motion of Commr. Babb, seconded by Commr. Livingston and carried, the plat was approved subject to requirement that the 10’ buffer strip be landscaped within ninety days.
Later in the day, Mr. Hall presented letter from Gladys H. Squibb assuring the Board the buffer strip will be landscaped within 90 days.
Road maintenance – subdivisions – assessments
It now being the time advertised to hold a public hearing for the purpose of hearing objections to any of the special assessments for paving Sylvan Point Drive under the provisions of Chapter 63-1505, Florida Statutes, the Chairman called for interested parties to be heard. There were no objections or complaints and on motion of Commr. Livingston, seconded by Commr. Cowart and carried, the special assessment roll was approved.
Roads – county
Mr. Headlee was present and requested that “no thru trucks” sign be erected and speed limit established for Sylvan Point Drive. The Engineer was instructed to recommend a suitable speed limit for the street.
The Engineer filed construction cost report on county roads for the 3rd quarter 1967.
Roads – state
The Clerk presented letter from the Governor asking the Board to oppose any reduction in highway funds by the Federal Government. On motion of Commr. Livingston, seconded by Commr. Babb and carried, a resolution was adopted requesting the Members of Congress from the State of Florida to make every effort to forestall any reduction in highway funds.
Clerk Owens presented proposed typical section for the design of Job No. 11506-3604, SR 19-A North and East via Kurt Street and Lakeview Avenue to SR 19. On motion of Commr. Babb, seconded by Commr. Cowart and carried, the typical section was approved and a resolution adopted authorizing the execution of an agreement with the State Road Department that the above road be included in the Secondary System.
Clerk Owens presented proposed typical section for the design of Job No. 11570-3602, SR S-452-A from SR 452 Easterly to SR S-44-A. On motion of Commr Babb, seconded by Commr. Livingston and carried, the typical section was approved and a resolution adopted authorizing the execution of an agreement with the State Road Department that the above road be included in the Secondary System, and the Attorney was instructed to ask the State Road Department that the section commencing at the intersection of SR 44 and SR S-452 East to SR 19 be considered as the primary portion of the road.
Notice from the State Road Department that the portion of SR S-567 at the Palatlakaha River South of Okahumpka has been abandoned by the State Road Department and returned to Lake County for maintenance was read and filed.
Road closings
Attorney Duncan presented petition of I. M. Lanier and Filly Groves, Inc. to close portion of North Magnolia Circle in Eustis Heights, whereupon, on motion of Commr. Livingston, seconded by Commr. Babb and carried, the Board accepted the petition and authorized a public hearing to be held on December 4, 1967 of the intention to vacate and abandon the following described street:
That portion of North Magnolia Circle bordered on the North by Block 22, and on the South by Block 20, as shown on the Plat of Eustis Heights, recorded in Plat Book 6, Page 84, public records of Lake County, Florida.
Attorney Duncan presented petition of Donald E. and Ronald S. Stephens, Jos. Eichelberger, Inc. and Albert R. and Nellie Wade to close a portion of unnamed street in a certain Subdivision, whereupon, on motion of Commr. Livingston, seconded by Commr. Babb and carried, the Board accepted the petition and authorized a public hearing to be held on December 4, 1967 of the intention to vacate and abandon the following described street:
That portion of a certain unnamed street 50 feet in width, lying between Lots 4 and 9, and between Lots 5 and 12, in a certain subdivision entitled Subdivision of the NE 1/4 of the SW 1/4 and the NW 1/4 of Sec. 18, Tp. 19 S., R. 27 E., recorded in the public records of Lake County, Florida, in Plat Book 1, Page 58; prepared for Alex St. Clair Abrams.
County property
Mr. Duncan submitted form of Escrow Agreement between the Board and the purchasers of the Fairground property as prepared by Attorney Gaylord. After discussing the prepared form, Attorney Duncan was instructed to pursue this matter further with Mr. Gaylord relative to the payment of monies to the County and the conveyance of the deed to the buyers.
The Attorney was also directed to write to the Trustees of the Internal Improvement Fund with reference to removing the mineral reservations contained in the deed to the title of the SE 1/2 of Block 44 in Tavares.
Mr. Duncan was further directed to pursue the title investigation of Lots A and B and unnumbered lot, Block 44 in Tavares, owned by The Merchant Venice Investment Co.
On recommendation of the Attorney and on motion of Commr. Livingston, seconded by Commr. Cowart and carried, a resolution was adopted authorizing a quit claim deed to C. V. Griffin Groves Company on the following described tract of land for the purpose of correcting title to land heretofore conveyed to Lake County on the 17th of September 1951:
Commence at the Southeast corner of Section 23, Township 20 South, Range 25 East; thence run West 3,702.60 feet; thence run North 8.85 feet for the Point of Beginning; thence run North 14°27’ East 31.54 feet to the South right of way line of a public road; thence run North 57°13’20” West 119.62 feet; thence run North 42°02’10” West 167.20 feet; thence run North 38°40’ West 208.82 feet; thence run South 14°27’ West 395.49 feet; thence run East 433.70 feet to the Point of Beginning.
Deed was accepted from C. V. Griffin groves Company conveying the following described property to Lake County in view of the above:
Commence at the SE corner of Sec. 23, Tp. 20 S., R. 25 E.; thence run West 4136.30 feet; thence run North 8.85 feet; thence run North 14°27’ East 395.49 feet to the point of beginning for this tract; thence continue running North 14°27; east 232.30 feet to the South right of way line of SR 48; thence run North 76°03’ West along said right of way line of SR 48, a distance of 305.93 feet; thence run South 38°40’ East 382.32 feet to the Point of Beginning.
On recommendation of the Engineer and on motion of Commr. Livingston, seconded by Commr. Babb and carried, a resolution was adopted relative to the exchange of the following described properties with Maurice E. Day and Katherine C. Day, in consideration for a lease from Mr. Day leasing the tract of land last described for a term of 15 years with the full right to remove clay and other minerals for said period of time:
SEE O.R. Book 347, Page 550 – Grantor: Lake County
O.R. Book 347, Page 22 – Grantor: Maurice E. and Katherine C. day
O.R. Book 347, Page 351 – Lease between Day and Lake County
Agreements and deeds
Attorney Duncan presented agreement signed by Stin Haselton agreeing to convey 100’ right of way for SR S-452-A and the County agrees to pay for or construct cattle fence and gates on each side of the right of way. On motion of Commr. Livingston, seconded by Commr. Babb and carried, the agreement was approved, and deed conveying the property to Lake County was accepted and ordered recorded upon the public records. SEE O.R. Book 347 – Page 19
On recommendation of the Engineer and on motion of Commr. Babb, seconded by Commr. Cowart and carried, deeds were accepted conveying road right of way to Lake County and same were ordered recorded upon the public records.
SEE O.R. Book 347, Page 14 – Grantor: Adah M. and Herman N. Bowman
O.R. Book 347, Page 15 – Grantor: Ida Mae Swaim and Nathan S. Swaim and wife
O.R. Book 347, Page 16 – Grantor: Nathan s. Swaim and Charlotte N. Swaim
Appraisals
On request of the Right of Way Agent, a resolution was adopted requesting the State Road Department to appoint an appraiser on SR S-452-A from its intersection with SR S-452 and SR 44 Easterly to SR 19.
The Right of Way Agent requested the appointment of another appraiser on Parcels 130.1, 131.1, 133.1, 140.1 and 141.1 in the condemnation suit on SR S-474. On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Attorney was instructed to request the State Road Department to appoint an appraiser on these parcels.
Maps & plats
The Right of Way Agent discussed petition of J. A. Getford, Jr. to return portion of Eustis Meadows Town Plat to acreage. The Clerk advised the petition has been returned to Attorney E. C. Aulls, Jr. This matter was deferred until the petition is available.
Safety council
On recommendation of the Chairman and on motion of Commr. Livingston, seconded by Commr. Babb and carried, the Clerk was directed to notify the Safety Council to arrange a safety drivers’ course for county employees beginning the second Monday in January.
Fair assn.
Letter and map of proposed auditorium at the new fairground location from the Committee to the Architect, Florida Architectural Extension Service, were filed.
Mosquito control
Letter from the Umatilla Chamber of Commerce requesting the canal at the Southside Colored Quarters of Umatilla be cleaned out was read and Commr. Babb stated the County has an easement to the canal and would like to have “No Dumping” signs erected. The Engineer was instructed to have the Mosquito Control clean out the canal and to erect the signs.
State road department
Clerk Owens submitted letter from the State Road Department relative to a law passed by the 1967 Legislature, namely, Section 336.03, County Engineer – Duties and Compensations. On motion of Commr. Livingston, seconded by Commr. Babb and carried, a resolution was adopted requesting the State Road Department to reimburse Lake County the sum of $10,000 as payment for compensation to the county engineer, as provided in Chapter 67-535, Laws of Florida.
Planning & zoning
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the following persons were appointed to serve as a temporary committee to study area-wide planning:
Herman T. Dykes J. O. Gresham
Paul W. Bryan Fred Stover
Jay M. VanderMeer Thomas C. Merrill
E. L. Williams Claude Locke
Phillip Whitis Howard E. Young
Franklin B. Ezell, Jr. A. B. Marshall
Lennon D. Jordan
Letter from F. B. Ezell, Jr. regarding this committee was referred to the Planning and Zoning Director.
Audits
Clerk Owens filed list of preliminary and tentative audit findings from the audit report on records for the period October 1, 1965 to September 30, 1966.
Budget
On motion of Commr. Babb, seconded by Commr. Livingston and carried, amended budget for 1966-67 was approved as follows: SEE PAGES 109-112
Clerk Owens presented amended budget to the Capital Outlay Reserve (County Home) Fund for the year September 30, 1968, which was necessary due to error in computing taxes. On motion of Commr. Babb, seconded by Commr. Livingston and carried, the amended budget was approved as follows and the Clerk was instructed to forward same to the Comptroller:
See Page 98, Minute Book 21.
Tax assessor
Certificate of Correction of Errors and Correction on the 1966 Tax Roll numbered 321 was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.
Affidavits of R. G. Cassady, Tax Assessor, certifying the intangible personal property assessment roll and real and tangible personal property were approved and signed by the members of the Board on motion of Commr. Cowart, seconded by Commr. Livingston and carried, and the Clerk was instructed to record the warrant to the Tax Collector in the minutes of this meeting as follows:
See Page 99, Minute Book 21.
County buildings
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the Board approved furnishings for a lounge in the Pioneer Building in the sum of $149.00; and the Clerk was instructed to secure price for installing a toilet on the second floor of the Pioneer Building.
Development commission
Annual financial report for the year ended September 30, 1967 was filed showing a surplus of $48.05 and check was accepted on motion of Commr. Babb, seconded by Commr. Livingston and carried.
Suits affecting county
Two orders in the suit in the U.S. District Court were filed.
Salaries & wages
On motion of Commr. Babb, seconded by Commr. Cowart and carried, the annual salaries of the two County Judges were increased from $4720.00 to $4800.00.
On motion of Commr. Cowart, seconded by Commr. Livingston and carried, the Board approved one-half month severance pay for Ollie Mae Dillard.
hospitals
On motion of Commr. Livingston, seconded by Commr. Babb and carried, the action of the Chairman and Clerk was approved relative to applications to the W. T. Edwards Tuberculosis Hospital for the following:
James Richard Harden
Wm. Harold Rutland
Notices from the hospital were filed as follows:
Phillip Obidiah Herrington discharged with medical advice on 10/13/67
Wilson Harvey Pardue discharged with medical advice on 10/18/67
Timothy Young discharged with medical advice on 10/20/67
Eugene Brownlee, Jr. discharged with medical advice on 10/26/67
Use permits
The following use permits were filed by the Right of Way Agent:
To H. L. Young, Builder, for the construction and maintenance of conduit under County Rd. 4-4266 between Tavares and Mount Dora.
To the City of Eustis for construction and maintenance of water main along County Rds. 4-4955 and 4-5258 between Eustis and Tavares.
To Sumter Electric Coop., Inc. for the construction and maintenance of distribution line along County Rd. 2-2005 and 2-2605.
Bonds – misc.
Bonds on certificates of competency numbered 127-174 were approved on motion of Commr. Cowart, seconded by Commr. Babb and carried.
e. central florida regional planning council
Minutes of regular meeting of September 20 and Council Keynotes were filed and copy of each distributed to each Board member.
Water pollution
Resolutions from the cities of Mount Dora, Eustis and Leesburg regarding the pollution of the County’s lakes were filed.
Complaints
Letter from Charles Ben McLin complaining of the condition of vacant lot next to his property on Fairview Point was read and referred to the Attorney.
Letter of complaint from Herbert Ferran was read and filed.
Elections
The Engineer reported the cost of the removable petitions for Precinct 39 in the Courthouse Lobby was $265.00.
Accounts allowed
On motion of Commr. Cowart, seconded by Commr. Babb and carried, travel expenses were authorized for the members of the committee appointed to study the feasibility of establishing a water pollution control board.
On motion of Commr. Babb, seconded by Commr. Cowart and carried, Lanier Systems Co. Photo Copier and Paper Dispenser in the amount of $464.00 was approved for the Agricultural Center.
On recommendation of the County Agent and on motion of Commr. Cowart, seconded by Commr. Babb and carried, proposal from Orlando Office Supply Co. in the sum of $695.00 for A. B. Dick Mineograph Machine, including trade in of Gestetner machine was accepted as the best proposal.
Request from the Lake County Chamber of Commerce was approved for funds and the Clerk was instructed to pay 1/12 each month of funds budgeted.
Statements from Lake Abstract & Guaranty Co. for title binders on C. E. Holder property in Tavares for $89.00 and on Volusia-Lake Realty Co. property for $45.00 were approved on motion of Commr. Cowart, seconded by Commr. Babb and carried.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, bill from Florida Sanitarium & Hospital covering hospital bill for Clarence John Krauss in the sum of $338.05 was approved.
Service Agreement from Richard C. Brown for cleaning carpet in the Courthouse offices for an annual fee of $515.55 was approved on motion of Commr. Cowart, seconded by Commr. Babb and carried, and the Clerk was instructed to advise Mr. Brown the method of payment and that cost of extra work during the year will be submitted to the Board on recommendation of the Courthouse Custodian.
Payrolls for the month of October were approved on motion of Commr. Babb, seconded by Commr. Livingston and carried.
communications
Letter of appreciation from Leontine Williams for claying road in Lisbon area was read and filed.
Letter from Elizabeth Woolson expressing appreciation for grading road and clearing lake front in the Lake Pearl area was read and filed.
Resolution from the Leesburg Forward Action Committee commending the Board for assistance in procuring the survey and building of trunk road through Leesburg from North Boulevard to Dixie Avenue was read and filed.
Letter from Heinrich Perlich relative to the Cassia Baptist Church access road was read and referred to the Engineer.
Letter from the Town of Howey regarding road to the garbage dump at Howey was referred to the Engineer.
Copies of letters from the State Board of Health relative to Mount Dora Motor Lodge and Holiday Mobile Home Park were filed.
Reports
The following monthly reports were filed:
Building Department
Planning & Zoning Department
Veterans Service Officer
Agricultural Agents and Assistants
Florida Division of Corrections regarding Lake County Jail and Stockade
Florida Division of Corrections regarding Road Prison No. 58
There being no further business to bring before the Board, the meeting adjourned at 5:00 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN
**** Floyd Bagwell of Sorrento appeared and requested financial assistance from the County in clearing debris and logs from Blackwater Creek while he has the necessary equipment in the area. Mr. Duncan advised if it is a natural stream the County or the Water Authority has the authority to open up the stream provided easements are acquired to go through private property. Mr. Bagwell was instructed to submit a price for the work.