MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

monday – october 14, 1968

The Board of County Commissioners convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, October 14, 1968 at 10:00 o’clock A.M., with the following members present: Commissioners Herbert A. Babb, Chairman; Cecil C. Theus, J. C. Cowart, Herman T. Dykes and Thomas J. Windram.  Others present were Clerk of the Circuit Court Frank E. Owens, Attorney C. E. Duncan, Engineer Gordon Hays, Jr., Director of Planning Watkins and Deputy Clerk Norma Coven.

The meeting was called to order by the Chairman and the invocation was given by Mr. Hays.

Indigents

There being no changes to the present indigent list, the list was approved and submitted on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.

Bids

It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving bids as follows:

            CORRUGATED UNDERPASS STRUCTURE

            Armco Steel Corp.      $5,575.60

            Alternate                       4,849.20

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, the alternate bid was accepted as the best and lowest bid.

INSURANCE -          Comprehensive Fleet Liability           

                                    Noblitt Insurance Agency                   $7,892.05       

                                    Hamrick Insurance & Real Estate         8,148.00

                                    Boiler & Machinery Coverage           

                                    Consolidated Insurance Agency           3,916.00 – 3 years

                                    Bob Liston Agency, Inc.                      3,987.00 – 3 years

                                    Comprehensive Hospital Liability

                                    Hamrick Insurance & Real Estate            952.00

                                    Lassiter-Ware Insurance                       1,038.00

On motion of Commissioner Theus, seconded by Commissioner Windram, and carried the following low bids were accepted:

                                    Noblitt Insurance Agency                     7,892.05

                                    Consolidated Insurance Agency           3,916.00

                                    Hamrick Insurance & Real Estate            952.00

On recommendation of the Tax Assessor and on motion of Commissioner Dykes, seconded by Commissioner Theus, and carried, the bid of Friden, Inc. to furnish one Electronic Printing Calculator for the sum of $1,420.25 was accepted and the Tax Assessor was authorized to pay for same from office funds.

On recommendation of the Engineer that the low bid received October 7, 1968 on power shovel did not meet specifications, Commissioner Cowart moved that the second low bid of State Tractor & Equipment Co., Inc. be accepted to furnish one Northwest Power Shovel with Caterpillar Diesel Engine for a net price of $31,334.25 including trade-in of Koehring Shovel.  The motion was seconded by Commissioner Dykes and unanimously carried.

On recommendation of the Engineer and on motion of Commissioner Dykes, seconded by Commissioner Theus, and carried, the following bids were accepted as the best and lowest bids:

            Hodges Equipment Co. – 2 new cab and chassis       $7,984.10

                        Includes trade in of one 1964 Chevrolet

                        and one 1965 Chevrolet

            Jungle Auto Service – 1 new 1/2 ton pickup truck       2,215.00

Bids on sedan not meeting specifications, same was rejected and bids will be readvertised for November 12, on motion of Commissioner Theus, seconded by Commissioner Windram and carried.

Jack Jones, Architect, appeared and presented plans for carnival restrooms and utility hookup at the Fairgrounds.  Estimate cost of restrooms $2500 and on the utility hookup $2500.  On motion of Commissioner Dykes, seconded by Commissioner Theus, and carried, the plans were approved and bids were authorized for November 4.

On recommendation of the Engineer and on motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, bids were authorized for the purchase of an Industrial Tractor, to be received November 12.

Licenses & permits

Mr. Fred Rutledge of Leesburg Cablevision, Inc. was present relative to the county issuing permit authorizing the use of county streets, easements and rights of way for CATV construction.  Attorney Duncan advised there is no reason to permit should not be granted.  On motion of Commissioner Dykes, seconded by Commissioner Theus, and carried, the permit was approved for a term of 15 years at 4% of the gross service income payable on an annual basis together with financial statements to show the basis of payment.

Mr. Robert P. Wohlt appeared with reference to permit to excavate canal across county property to the Palatlakaha River.  Attorney Duncan advised the property was acquired by the county from the Trustees of the Internal Improvement Fund and declared a bird sanctuary by resolution of the Board.  On motion of Commissioner Cowart, seconded by Commissioner Dykes, and carried, the Board granted a permit to Robert P. Wohlt to excavate a canal suitable for use as public waterway, over and through the following strip of property:

            The South 50 feet of the following tracts of land in Lake County, Florida:

E ½ of NW ¼ of SW ¼; NE ¼ of SW 1/4; N ½ of SE ¼; ALL in Sec. 22, Tp. 22 S., R. 25 E;

ALSO: The South 50 feet of NW ¼ of SW ¼; in Sec. 23, Tp. 22 S., R. 25 E.

On recommendation of the Planning Director and on motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, the Attorney was directed to contact the County Prosecutor concerning the Housing Development Corp. of Orlando violating the County Building Code.

The Engineer filed Use Permit to Florida telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Rd. 3-4260 between Old SR 500 and County Rd. 3-4461.

Complaints

Mr. D. C. Smith of Bassville Park appeared and complained of the dumping problem on Pala Verda Avenue and the condition of the road.  Engineer Hays advised this is not a county maintained road, additional 20’ right of way is required.  Chairman Babb informed Mr. Smith the Board members will view the road during lunch.

insurance

Mr. Bob Boswell was present relative to designation of contact with the Home Insurance Co. on the Group Hospitalization Plan.  On motion of Commissioner Theus, seconded by Commissioner Dykes, and carried, the Clerk was designated as the contact on the Group Plan.

Fair association

Commissioner Windram asked the status of the Flower Show Building.  Attorney Duncan advised this Board has already adopted a resolution authorizing the Fair Association to proceed with the construction of the building.  The Clerk was instructed to send Charles Norris, President of the Fair Association, a copy of the resolution and ask for return of executed lease.

Autos & trucks

On motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, the Tavares Jaycees were authorized to use cage prisoner truck for a Halloween Carnival.

The Board approved the purchase of a used pickup truck from money received from the insurance company for damaged pickup.  The Engineer and the Road Superintendent were authorized to locate a suitable truck.

Road closings

Mr. W. B. Burch of Kilarney appeared and objected to the closing of road in Edgewater Beach Subdivision.  The closing stops the other property owners form using the park and a house has been built in the road that was closed.  The Engineer was instructed to review this matter.

Road & bridge department

On recommendation of the Engineer, the Board approved expenditure of $50 or $60 for the Road & Bridge Department to get West Seminole Avenue in Eustis in shape to be resurfaced.

Deeds

On recommendation of the Engineer and on motion of Commissioner Windram, seconded by Commissioner Dykes, and carried, deeds conveying the following described properties to Lake County were accepted:

GRANTORS: William S. Simpson and Elizabeth Page Simpson, husband and wife; Richard S. Edgerton and Marie Page Edgerton, husband and wife; and P. C. Gorman and L. V. Gorman, husband and wife.

                        The South 50 feet and the West 25 feet of SE¼ of SW¼;

                        The West 25 feet of NE¼ of SW¼; the West 25 feet of SE¼ of NW¼;

                        The East 25 feet of SE¼ of NW¼ of SW¼;

                        All lying and being in Section 25, Township 18 South, range 27 East

GRANTOR:   E. T. Stuerhoff, unremarried surviving spouse of Erma Stuerhoff, deceased.

                        The East 25 feet of SW¼ of SW¼ of Section 25, Township 18 South, Range 27 East.

GRANTORS: Jerome J. Landy, M.D., joined by his wife, Gayle Landy, and Burton A. Landy, joined by his wife, Eleonora M. Landy

                        The East 25 feet of N½ of NW¼ of Section 25, Township 18 South, Range 27 East.

GRANTORS: Roy V. Knowles and Francesca M. Knowles, husband and wife

                        East 25 feet of SW¼ of NW¼ of Section 25, Section 25, Township 18 South, Range 27 East.

Road maintenance – subdivisions

Engineer Hays reported the road in Richards Addition the Church of God wants improved is a dedicated street but has never been opened.  Additional 10’ is needed to meet the 50’ right of way requirements.  Commissioner Windram moved when the additional 10’ of right of way is acquired, the County will complete the road.  The motion was seconded by Commissioner Dykes and carried.

Engineer Hays reported the petition to resurface Tropical Shores Subdivision under Chapter 63-1505 has been returned to Mrs. Haverlah because it did not meet the requirements.

Engineer Hays informed the Board residents of Bassville Park are requesting speed limits be established on streets that are not dedicated streets.  Attorney Duncan advised the County does not have this authority, and these streets do no come under the prescriptive law.  If the right of way is donated and accepted by the County, the County can then set the speed limit.  The Engineer was instructed to so advise the owners and request the necessary right of way.

Public health

Engineer Hays reported the road in Sorrento having a bad sink hole that Mrs. Lela Whitman has complained is being used as a dump is not in the State right of way.  Attorney Duncan advised this is a matter for the Health Department and same was referred to Dr. Hall.

Prisoners

On motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, it was agreed to use the prisoner crew to clean up the Astatula Cemetery.  

Appointments

On motion of Commissioner Windram, seconded by Commissioner Dykes, and carried, the following persons were recommended to serve on the Board of Adjustment:

            Kermit F. Clay                                    Fred  L. Wolfe

            Glenn L. Brown                                  J. S. Allen, Jr.

            Emil Yde – reappointment

Recess & reassembly

The meeting recessed for lunch at twelve o’clock noon and reconvened at 2:00 o’clock P.M. to take up the remaining items of business.

Planning & zoning

Mr. Watkins presented application for change of zoning classification No. 55-68 which was returned on September 9, 1968 by the Board to the Planning & Zoning Commission for reconsideration.  Mr. Watkins further stated that the Planning & Zoning Commission has again recommended that the reclassification be allowed.

The Chairman called for interested parties to be heard.

Attorney Walter Warren representing the applicant appeared in support of the request.

Attorney Morton Aulls representing the following parties objecting to the rezoning:

            Geo. M. McConkey                Mr. Stickland

            Dr. Milton Foard                     Mr. Rogers

            Mr. Stivender

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, a resolution was adopted amending the zoning rules and regulations as they pertain to the following tract of land, to the Classification designated after the description:

Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 in Block A of North Leesburg Subdivision, according to the Plat thereof, as recorded in Plat Book 8, Page 98, Public Records of Lake County, Florida;

now classified and zoned as C-2 (Commercial) and R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).  Commissioner Windram stated he can agree to rezone Lots 1-6 only, but cannot vote for the entire tract as described above.

            It now being the time advertised to hold a public hearing to consider proposed rezoning applications, the Chairman called for interested persons to be heard at this time:

                        Case No. 61-68 From C-1 and R-1 to R-3

                        Case No. 71-68 From A to C-2

            The Chairman called for interested parties to be heard at this time:

                        Mr. Earl Altman, the petitioner, Case No. 71-68 was present.

            On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, the applications were denied and Mr. Altman was instructed to remove the cars from the property within six (6) months.

            On recommendation of the Planning & Zoning Commission and on motion of Commissioner Dykes, seconded by Commissioner Windram, a resolution was adopted amending the Zoning Rules and Regulation as they pertain to the following tracts of land, to the Classification designated after each description:

1.      That portion of the East 50 feet of the NE¼ of the SE¼ of Sec. 21, Tp. 21 S.R. 25 E., lying South of Highway 27;

now classified and zoned as R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-2 (Commercial).

2.      That part of Tract 32 in Sec. 20, Tp. 22 S.R. 25 E., according to the Plat of Groveland Farms, recorded in Plat Book 2, pages 7 and 8, public records of Lake County, Florida, lying East of the County Road;

now classified and zoned as C-3 (Commercial), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).

3.      Begin 640 feet North of the Southwest corner of NW¼ of SE¼ in Sec. 21, Tp. 19 S.R. 24 E., run thence East 321.32 feet, North 40 feet, East 335.2 feet, North to Railroad, Southwesterly along Railroad to easterly line of Montclair Road, Southeasterly along road 285 feet to North line of West Leesburg Subdivision, East to a point North of the Point of Beginning, South of Point of Beginning, LESS: road right of way;

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

4.      Blocks 1, 2 and 3 of Jackson Park Subdivision, according to the Plat thereof, as recorded in Plat Book 11, Page 47, public records of Lake County, Florida;

now classified and zoned as C-3 (Commercial), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park-Subdivision).

State agencies

Mr. Grubbs and Marvin Mills were present and submitted Cooperative Equipment Lease between the Florida Board of Forestry and Lake County.  Same was referred to the County Attorney for study.

County property

Mr. Robert Free appeared relative to leasing county clay pit.  Mr. Hays reported his survey of the pit will be ready the first meeting in November.  On motion of Commissioner Dykes the following property was declared surplus because the clay has been removed and is of no foreseeable use to the County in the future, and bids for the sale of same were authorized for November 4, 1968:

            N 1/2 of SW¼ of SE¼ lying South of SR 565 in Sec. 16, Tp. 22 S., Range 25 E.

Suits affecting county

Commissioner Windram inquired regarding the status of the suit against Diamond Salvage Co. Attorney Duncan stated a motion has been filed.   

Commissioner Dykes asked the status of the suit brought by Mrs. Stephenson.  Attorney Duncan said pleading has been filed asking the Plaintiff to prove their contention in the suit.

Salaries & wages

On motion of Commissioner Theus, seconded by Commissioner Windram, and carried, Susan Dye, temporary clerk in the Engineering Department was employed on a full-time basis at $300.00 per month to handle the Motor Vehicle Inspection records.

On recommendation of the County Agricultural Agent and on motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, Mary Jane Kirby was employed as a part-time secretary, at an annual salary of $1,550.00.

On recommendation of the County Planning Director and on motion of Commissioner Cowart, seconded by Commissioner Windram, and carried, James P. Wallace was employed as Assistant to the Director at an annual salary of $3,000, effective October 14, 1968.

Mr. Watkins recommended that Herbert Dudgeon be promoted to the position of Deputy Building Administrator at the salary established for the Building Administrator in the present budget.  No action was taken and Mr. Watkins was instructed to work up qualifications for the position.

Outdoor recreational facilities

Mr. Ben Burton was present concerning the preservation of Emeralda Marsh.  On motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, a resolution was adopted stressing the importance of preserving the Marsh and requesting the Outdoor Recreational Council to give this project a high priority.   

Water pollution

C. W. Sheffield and Ted Wicks of the Pollution Control Board were present and announced the Pollution Board has voted to change their meetings to 4:00 o’clock P.M. on the fourth Thursday of the month.

Bonds – miscellaneous

The Clerk advised considerable requests have been received from Bonding Companies for the return of cancelled contractors’ bonds for Certificates of Competency.  Attorney Duncan stated it is his opinion if evidence is given that the Bonding Company has cancelled its Bond, the original Bond may be returned, but that a copy of the Bond should be kept on file to protect the county and the contractor for a statutory period.

On motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, the following action was approved regarding contractors’ bonds:

Renewal bonds on contractors approved as follows for 1968-69:

              2-69               138-69             243-69

              8-69               141-69             246-69

            12-69               146-69             251-69

            15-69               149-69             264-69

            23-69               165-69             283-69

            41-69               166-69             291-69

            62-69               170-69             303-69

            67-69               192-69             306-69

            69-69               196-69             309-69

            70-69               210-69             325-69

            97-69               214-69

          105-69               219-69

Bond numbers 362 and 364 were approved for 1968.

The following 1968 bonds on contractors were cancelled on request from the sureties:

            2                      190                  82

            8                      192                  162

            40                    219                  195

            44                    229                  232

            68                    234                  236

            69                    265                  255

            104                  267                  266

            105                  278                  280

            147                  309                  329

            160                  327                  345

            170                  336                    12

            180                  354                  165     

                                                            330

 

Rights of way – roads

On motion of Commissioner Windram, seconded by Commissioner Dykes, and carried, a resolution was adopted conveying the following described road right of way to the State of Florida, State Road Department, and authorizing the Chairman and Clerk to execute the deed:

WHEREAS, the State Road Department has located and proposes to construct an improve State Road S-452-A Section 11570 in Lake County, Florida; and

WHEREAS, in order for the State Road Department to further and complete said project, it is necessary that certain lands now owned by Lake County be acquired by the State of Florida for the use and benefit of the State Road Department of Florida; and

WHEREAS, the State Road Department having requested Lake County to execute and deliver to the State Road Department a deed or deeds in favor of the State of Florida, conveying all right, title and interest that said County has in and to said lands required for right of way for said State Road, and said request having been duly considered.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of said County that the Chairman and Clerk of said Board be and they are hereby authorized and directed to make, execute and deliver to the State Road Department a deed or deeds in favor of the State of Florida conveying all right, title and interest of said County in and to said lands owned by said County required for right of way for said State Road.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State Road Department at Tallahassee, Florida.

PACEL NO. 100                    SECTION 11570-2602

That part of:

Section 34, and 35, Township 18 South, Range 26 East,

lying within 50 feet on each side of the survey line of State Road S-452-A, Section 11570, said survey line being described as follows:

Commence on the South line of Section 35, township 18 South, Range 26 East at a point 1169.06 feet East of the Southwest corner of said Section 35, thence run North 3°07’55” East 721.11 feet for the POINT OF BEGINNING, thence run South 89°23’55” West a distance of 2456.08 feet to the beginning of a curve concave to the Southeast and having a radius of 1432.69 feet, thence run Southwest along said curve through a central angle of 34°06’ a distance of 852.50 feet to the end of curve, thence run South 55°17’55” West a distance of 234.95 feet for the end of this survey line description.

CONTAINING 343,300 square feet (7.88 acre) more or less, exclusive of right of way in State Road 452 and State Road 19.

 

Road maintenance

Commissioner Windram stated the City of Eustis has requested the Board to reconsider the Bates Avenue project.  The Board members concurring, the Chairman said this is in the State Road Department budget.  Mr. Windram said the City is under the impression the Board has previously agreed to improve Floral, Center and Clifford Streets.  The Clerk was instructed to advise Mr. Windram on this.

Reports – official

Annual report of Receipts and Expenditures for the fiscal year ending September 30, 1968 from the Sheriff showing a return to the County of $10,315.22 was approved and check accepted on motion of Commissioner Dykes, seconded by Commissioner Windram, and carried.

Accounts allowed

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, the Engineer was authorized to attend two meetings of National Association of County Engineers as a member of the Awards Committee.

Travel expenses for C. W. Sheffield and Kenneth Wicks to attend Pollution Control Conference in Fort Lauderdale on November 3-6, were approved on motion of Commissioner Cowart, seconded by Commissioner Dykes, and carried.

Travel expenses and per diem were approved for C. W. Sheffield to attend Federal Water Pollution Short Course in Cincinnati, Ohio, on December 8-21 on motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried.

On motion of Commissioner Windram, seconded by Commissioner Dykes, and carried, the low proposal on outboard motor and boat in the amount of $340.00 and on boat trailer of $135, were approved, for use by the Pollution Board.

On motion of Commissioner Windram, seconded by Commissioner Dykes, and carried, Mr. Wicks was authorized to purchase 14 topographical maps for the Pollution Board from U.S. Geological Survey in the sum of $7.00.

Application No. 3 from Harvey L. Spears, General Contractor, in the sum of $22,667.40 for work performed on the Multi-Purpose Building at the Fairground was approved on motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried.

On motion of Commissioner Dykes, seconded by Commissioner Windram, and carried, a resolution was adopted approving the action of the Clerk in ordering a new condenser for the air condition and heating system in the Courthouse, cost of same will be $2,294, plus installation.

Request from the Lake County Chamber of Commerce for reimbursement of expenses in the amount of $2,083.33 was approved on motion of Commissioner Windram, seconded by Commissioner Dykes, and carried.

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, travel expenses for W. T. Mills to attend Semi-annual Juvenile Counselors’ Conference in Bradenton on October 23-25 were approved.

Travel expenses for Earl Kelly and Royce C. Williams to attend State Horticultural Society meeting in Miami Beach, November 6-8, were approved on motion of Commissioner Dykes, seconded by Commissioner Windram, and carried.

Invoice from Richard O. Newman in the sum of $125.00 for making sub-surface soil investigation and report concerning site of the proposed Lake County Health Department was approved on motion of Commissioner Cowart, seconded by Commissioner Dykes, and carried.

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, a resolution was adopted authorizing emergency repairs to Grader, County #1890, by Ring Power Corporation, in the amount of $1,257.94.

Final payment to the U. S. Department of Agriculture, Soil Conservation Service, on soil survey agreement in the sum of $2,154.90 was approved on motion of Commissioner Dykes, seconded by Commissioner Windram, and carried.

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, the Board approved $75.00 for materials for resurfacing County Rd. 3-4140, which was not covered by the contract.

On motion of Commissioner Dykes, seconded by Commissioner Theus, and carried, $1,000.00 postage for the Supervisor of Elections was approved.

On motion of Commissioner Dykes, seconded by Commissioner Cowart, and carried, the following vouchers were approved for payment:

            General Revenue Fund                                               No.      2366 - 2654

            Mosquito Control State I                                                        8

            Mosquito Control State II                                                      83     -     91

            Fine and Forfeiture Fund                                                        224A-   239

            Road and Bridge Fund                                                           877   -   970

            Health Clinic                                                                           1       -       2

            Bond Interest and Sinking                                                      4

            South Lake Memorial Hospital                                               8       -       9

            South Lake Memorial Ambulance                                          9

            Northeast Lake County Hospital District                               8       -       9

            Northeast Lake County Ambulance                                       16     -     17   

            Northwest Lake County Hospital District                              9       -     10

            Northwest Lake County Ambulance                                      16     -     17

Reports

The following monthly reports were filed:

            Home Economics Agent and Assistants

            Welfare Director

Minutes

On motion of Commissioner Theus, seconded by Commissioner Dykes, and carried minutes of regular meetings of September 3, and 9, 1968 and special meeting of September 16, 1968 were approved as submitted.

There being no further business to bring before the Board, the meeting adjourned at 4:45 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN