MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – march 4, 1968
A regular meeting of the Board County Commissioners of Lake County, Florida, was held Monday, March 4, 1968, in the Commissioners’ Room in the Courthouse, in Tavares, at 10:00 o’clock A.M. with the following members present: Commr. H. A. Babb, Chairman; Commrs. Theus, Cowart and Dykes. Others present were Clerk Owens, Attorney Duncan, Engineer Hays and Planning & Zoning Director Webb and Deputy Clerk Norma Coven.
The Chairman called the meeting to order and the invocation was given by Reverend Russell Carter, Pastor of Grace Baptist Church, Clermont, Florida.
Chairman Babb introduced Mr. Thomas J. Windram, who was appointed by the Governor to succeed Mr. Livingston’s position on the Board. Mr. Windram has not received his commission, therefore, he is not a duly authorized member of the Board.
It being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the following bids:
Surface Dicie Avenue and Suburban Shores Streets:
Orlando Paving Company $4,101.22
Basic Asphalt Corp. 5,100.50
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the low bid of Orlando Paving Company was accepted as the best bid.
Constructing three (3) motor vehicle safety inspection stations:
Graves Company of Kissimmee, Inc. $57,751.00
Gieger-Jones Construction Co., Inc. 61,878.00
B.E. McCall Construction Co., Inc. 63.602.00
Thompson Brothers Construction Co. 61,910.00
Williams Development Company 72,752.00
Walter L. Hawthorne, Builder 66,506.00
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the low bid of Graves Company of Kissimmee, Inc. was accepted as the lowest and best bid.
Attorney Roy Christopher appeared and presented petition of Donald J. Barton to close portion of Pine Ave. and Franklin Ave. in Sorrento, together with proof of publication of the notice to close the streets. On request of Mr. Windram, action on this was deferred until he is an authorized member of the Board.
Attorney Duncan presented petition of Grace C. Parker, Harley G. Morse, Priscilla C. More, R. E. Quinn and Maggie K. Jones to close portions of the following described streets in Paisley. On motion of Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted authorizing advertising for a public hearing to be held on April 1, 1968 of the intention to vacate and close portions of streets in Paisley as described below:
That portion of Avenue B lying between Lost 481 and 482, and lying West of Fourth Street.
That portion of Avenue C lying East of First Street and Central Avenue, and lying between lots 250 and 251, and 270 and 271.
That portion of Avenue B lying East of East Fourth Street and lying between Lots 11 and 12.
ALL according to the Map of Paisley, as filed and recorded in the public records of Lake County, Florida, in Plat Book 9, Page 73.
Right of way – roads
Mr. French of Shands & Baker appeared regarding procuring right of way for an access road into their property near Clermont. Mr. French said he has been unable to contact one of the adjoining property owners and would like assistance from the County in procuring the right of way by condemnation. Attorney Duncan advised the County cannot institute condemnation proceedings unless the proposed road connects two existing county roads. Mr. Dykes said he is not in favor of condemning property from County roads. Mr. Duncan was instructed to pursue this further.
Engineer Hays informed the Board in two instances where citrus trees are located on county right of way, the owners have submitted surveys showing the trees are not in the right of way. Attorney Duncan advised in order to determine which survey is correct a suit for declaratory degree would be necessary. The Court would then appoint a disinterested surveyor to establish the line. On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the Engineer was instructed to notify the owners the County will no remove the trees and the County still considers the line as established by the County Engineer is correct.
The Board discussed with the members of the Fair Building Committee recommended construction for the buildings. Mr. Jack Jones reported the grading plans are completed and have been forwarded to the County Engineer. The master plans will be ready next week. Mr. Jones said the main building will never be a top notch auditorium because of the acoustics and the structure. Mr. Jones said the committee feels the plan is suitable for year round activities as well as the annual fair. Mr. L. R. Huffstetler, Mayor of the City of Eustis, said the City is in agreement with the plans proposed by the Building Committee.
Mr. Sid L. Kilgore of Leesburg objected at length to the County entering into this proposed plan without giving the people a chance to vote on it.
With the Board members concurring, Chairman Babb said the Board will meet with the Fair Committee again this month.
Walter Shaffer and Al Furman of the Soil Conservation Service appeared and Mr. Furman gave a brief report on the soil survey being conducted in the County. Mr. Furman stated the work will be finished this year and a report will be submitted to the State Office on June 30, 1968. All information is compiled into a handbook and the final report will be made from this. It will be approximately two years before the final report is printed. A copy of the report submitted to the State Office will be available to the County with copies of field sheets and corrections.
Clerk Owens submitted a letter from the County Attorney relative to the County leasing the Fair Buildings when they are not being used by the County. Mr. Duncan has requested the Attorney General to prepare a special act to permit the County to lease the buildings.
On recommendation of the Engineer and on motion of Commr. Theus, seconded by Commr. Dykes and carried, Green Hartley Phillips was employed effective March 1, 1968 for the position of Construction Foreman at a monthly salary of $475.00.
Recess & reassembly
The Board recessed for lunch at 12 o’clock noon and reconvened at 1:30 P.M. to take up the remaining items of business.
Road & bridge
Engineer Hays advised Jean Ferran Cox wants $5,000.00 per acre for clay pit at Grand Island. On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board agreed not to consider the purchase of the property.
Engineer Hays presented figures for the special assessment roll showing the costs per owner to improve the streets in Suburban Shores Subdivision, whereby a public hearing was authorized for April 1, 1968 to hear objections to any of the assessments.
Engineer Hays advised that Trooper Jim Hooks has been appointed by the Department of Public Safety to inspect the safety lanes in Lake and Sumter Counties. Also, the Department of Public Safety will not inspect the ball joints. Classes to train the personnel will be held in May. The Engineer was instructed to have three (3) county Road and Bridge employees trained in this work to be used as substitutes when needed.
Roads – state
Attorney Duncan filed a letter from the State Road Department concerning the size of the culvert under SR S-452A for Stin Haselton advising the 10’ x 10’ culvert will be installed.
The Clerk presented Right of Way Contract on job 11210-2501, SR 530, together with map of survey and location, whereby, on motion of Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted authorizing the Attorney to proceed with necessary steps to acquire rights of way, borrow pits and easements on the subject job.
Right of Way map on Section 11570-2602, SR S-452A was filed.
Copy of letter from Marion County to the State Road Department requesting improvements to SR 40 through Lake and Marion Counties was read and filed.
Bonds – county & safety
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the following resolution was adopted: SEE PAGES 165, 166 and 167 in minute book 20.
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the following appointments were approved:
Charles Broadway - Lake County Safety Council
Thomas J. Windram - Lake County Agricultural Committee
Herman T. Dykes - E. Central Florida Regional Planning Council
The Planning and Zoning Director filed resolution adopted by the Board of Zoning Appeals granting the request of Appeals Case #1-68 to permit a home occupation, namely: a beauty shop in an R-2 (Urban Residential) Zoning District.
Clerk Owens submitted request from George M. Cason, Jr. that 120 acres of land located in S 10, T 20 S, R 24 E be classified agricultural pursuant to Section 193.12 Florida Statutes.
Certificates of Correction of Errors and Corrections on the 1967 lake County Tax Roll numbered 113-116 were approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
Bonds – misc.
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the bonds for carrying firearms for the following were approved:
Nanci E. Warren
Willie Mae Barrett
The Clerk presented notice of Auto Owners Insurance Co. that contractor’s bond on T. C. Boyd, Sr., cabinet maker, will be cancelled April 26, 1968. Mr. Owens informed the Board the Building Director advises the bond has never been filed in the Building Department. The Clerk was instructed to acknowledge the cancellation notice and advise the company the bond is not on file.
Roads – county
Copy of letter was read and filed form Sumter County to Mr. W. M. Morrison denying his request to improve road in Lake County to his home which is in Sumter County.
Letter from the County Engineer to Mr. Elmer Austin was read and filed. Letter permits Mr. Austin to erect bee hives in the Cherry Lake Clay pit, providing the hives will be removed upon notice from the Board.
It being the time advertised to hold a public hearing to hear objections to the exchange of the following tract of land situated in and owned by Lake County for the following tract of land owned by the City of Leesburg:
Property owned by Lake County:
The East 330 feet of the West 690 feet of the S½ of SW¼ of SW¼; LESS the South 33 feet including in State Road 44A right of way, in Sec. 15, Tp. 19 S. R. 24E;
Property owned by City of Leesburg:
The West 290 feet of the East 630 feet of the South 290 feet of the SW¼ of SW¼; LESS the South 33 feet included in the right of way of State Road 44A, in Sec. 15, Tp. 19 S.R. 24 E;
There being no objections or complaints, a resolution was adopted authorizing the exchange of lands described and empowering the Chairman and Clerk to execute a deed conveying the land owned by Lake County in exchange for a deed executed by the City of Leesburg conveying to Lake County the tract of land last above described.
On motion of Commr. Dykes, seconded by Commr. Cowart, and carried, a resolution was adopted reserving parking spaces in the County Parking Lot for use by jurors required to attend Circuit Court and County judge’s Court when trials are being held.
DeLos Kane appeared representing Lake Improvement Assn. relative to a complete seining program in Lake Harris and Lake Eustis. Mr. Kane said the Association recommends that the Game and Fresh Water Fish Commission use a deeper net and not use cooked bait in these lakes. Commr. Dykes moved that Lake County participate with the Fish Commission in a complete seining program in Lake Harris and Lake Eustis and to request the Fish Commission to use larger seines. The motion was seconded by Commr. Cowart and carried.
Clerk Owens presented copy of letter from Walter E. Warren resigning as County Prosecutor effective February 12, 1968.
Clerk Owens advised a Mosquito Control 1958 Chevrolet truck, County #2105, was involved in an accident and the truck was declared a total loss. The insurance company has offered a settlement of $275.00 plus $10.00 towing cost and the damaged truck. Mosquito Control Director says he can use the salvaged truck for parts. On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the Board accepted the settlement as specified.
Proposal from Gordon Hyatt of $25.00 for three obsolete trucks was referred to the Engineer.
The Clerk submitted letter from Consolidated Insurance Agency advising there is no coverage on the law books in the Law Library. The insurance agent suggests increasing the present policy $65,000 or and annual premium of $86.58. On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board approved the increased coverage and instructed the Clerk to request the Law Library Board to assume the cost of $25,000 coverage on the law books.
The following use permits were filed by the County Engineer:
To Florida Telephone Corp. for the construction and maintenance of poles and buried cable paralleling and crossing a portion of Dist. 4-4581 located between Dist. 4-5167 and Dist. 4-4767.
To Sumter Electric Cooperative for the construction and maintenance of a 7.2/12.5 KV power distribution line, along County Road 2-0729.
To Sumter Electric Cooperative for the construction and maintenance of new 7.2 KV power line located on Road 5-7528 between County Road 5-8037 and Marion County line.
To Sumter Electric Cooperative for construction and maintenance of 7.2/12.5 KV power line (distribution) on road 2-1310 1/8 mile N. of SW cor. S.14 T 22 S, R 24 E., and 1/8 mile S. of Cor. S 22, T 22 S, R. 24 E.
To Florida Telephone Corp. for the construction and maintenance of 6-way Conduit crossing under Dist. 1-4518 located between Leesburg and Tavares.
To Florida Telephone Corp. for the construction and maintenance of 6-way Conduit crossing under Dist. 1-4619 located between Leesburg and Tavares.
Audit Report No. 6809 of the accounts and records of the Judge of the Small Claims Court for the period beginning January 1, 1965 and ending August 31, 1967 was presented and filed with the Board.
e. central Florida regional planning council
Clerk Owens submitted letter from Volusia County to the Council regarding the Attorney General’s opinion affecting lump sum payments to the Council. Mr. Owens said Lake County is assessed on a per capita basis. Attorney Duncan advised special acts have been passed permitting Lake County to expend funds in lump sums with an annual accounting of how the money is spent.
Attorney Duncan further advised with reference to the pollution survey, this Board should request a budget from the organization making the survey. Clerk Owens was instructed to notify Mr. Sheffield to appear before the Board regarding this.
State road department
The Clerk presented letter from the State Road Department advising that improvements to Lake Eustis Park West of Tavares have ceased due to cut back in Federal aid funds. The clerk was instructed to request the State Road Department to seal the parking areas with one inch top coat of hot asphalt.
Attorney Duncan explained he has discussed with Dr. Hall the letter from the Division of Community Hospitals and Medical Facilities.
The County Engineer presented recommendations of the Water and Sewage Committee which were discussed at length. Attorney Duncan advised the Board has the authority to amend the Committee’s report. On motion of Commr. Dykes, seconded by Commr. Cowart and carried, a resolution was adopted accepting the recommendations with the following addition:
6. That central sewage treatment and disposal facilities be provided where the density is such that more than three lots per acre are proposed; and in such cases, Lake County may take over and maintain water treatment facilities and sewage disposal plants provided the owner will donate said facilities to Lake County, and not less than 25 connections have been made and are in active use and the County has legal authority to assess and collect proper charges for such service.
Elections – general
Clerk Owens presented letter form Shoup Voting Machine Corporation submitting proposal for additional interlocks and strap assemblies to convert the County’s 93 voting machines to the vertical voting system. Total cost $21,489.00. Action on this was deferred until the April meeting.
Engineer Hays presented cash reimbursement of $44.00 from travel expenses paid for use of the County’s car.
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, expenses were approved for the Board members, Attorney and Engineer to attend State Association of County Commissioners Conference in Orlando on March 24-26.
On motion of Commr. Cowart, seconded by Commr. Dykes and carried, expenses were approved for the County Engineer and Commr. Dykes to attend meeting in Tallahassee March 22 relative to forms to be used by the Safety Inspectors.
Motion was made by Commr. Dykes, seconded by Commr. Cowart and carried authorizing the Clerk to pay the interest on the Certificates of Indebtedness.
On motion of Commr. Theus, seconded by Commr. Cowart and carried, the following architect fees were approved:
To Jack Jones, Architect – 6% on the health Dept. Building
4-1/2% on the 3 motor vehicle inspection stations
On motion of Commr. Dykes, seconded by Commr. Cowart and carried, payrolls for the month of February were approved.
Assignment executed by Tri-County Equipment Company authorizing Lake County to pay money due them for the construction of inspection station to the National Bank of Sarasota was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.
Clerk Owens submitted opinion of the Attorney General that there is no provision whereby the County can compensate the Baliff for fingerprinting felony cases in the courtroom.
Notice of the Florida Industrial Commission that they are suspending the determination of prevailing wage rates for public construction project effective February 22, 1968.
Letter from the State Board of Health regarding City of Leesburg was filed.
The following monthly reports were filed:
Surplus Commodity Whse. Supervisor
There being no further business to bring before the Board, the meeting adjourned at 4:30 o’clock P.M.