MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – may 6, 1968

A regular meeting of the Board County Commissioners of Lake County, Florida, was held Monday, May 6, 1968, at 10 A.M. in the Commissioners’ Room in the Courthouse, in Tavares with the following members present:  H. A. Babb, Chairman; Commrs. Theus, Cowart and Dykes.  Others present were Clerk Owens, Attorney Duncan, Engineer Hays, Planning & Zoning Director Webb, and Deputy Clerk Norma Coven.

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

Bids

It now being the time advertised to receive bids on an Industrial Tractor, the Chairman directed the Clerk to open and tabulate the bids, whereupon, Clerk Owens reported receiving bids from the following:

Hodges Equipment Company             $4,808.76 – Alternate $4,031.60

Lake Ford Tractor Company              $4,397.80

On motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, the bids were referred to the Engineer for study and recommendation.  Later in the day, the Engineer reported the alternate bid of Hodges Equipment does not meet the specifications; whereupon, on motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the low bid of $4,397.80 from Lake Ford Tractor Co. was accepted as the best and lowest bid.

Engineer Hays stated he has not had time to thoroughly investigate the cash register machines, and can find no evidence why the low bid should not be accepted.  Commissioner Dykes moved that action the bids be deferred to give the time to investigate the machines.  The motion was seconded by Commissioner Windram and carried.

On motion of Commissioner Windram, seconded by Commissioner Dykes and carried, the Clerk was authorized to advertise bids for maintenance to the heating and air conditioning equipment in the County Buildings.

The Clerk was authorized to advertise bids for Workmen’s Compensation Insurance for June 10th.

Building department

Mr. McCauslin, Building Administrator, appeared and advised Henry R. Mayhew, Astor Park, has complained to the Building Department that the work performed by a certified contractor is not satisfactory and although the contractor has been notified, he refuses to correct and complete the job.  On motion of Commissioner Dykes, seconded by Commissioner Cowart, the Attorney was instructed to notify the bonding company.

Road maintenance – subdivisions

Earl McCoy of Astor appeared and requested maintenance by the County of a road in Astor which serves approximately 13 families.  Chairman Babb said this is a subdivision street and he has explained to Mr. McCoy the County does not have funds to maintain subdivision streets.

roads – county

Mr. Buford Creech of Ferndale appeared relative to entrance road in his property.  The Engineer explained that Mr. Creech is not asking the County to build the road.  He will build the road and dedicate same to the public, but wants to keep the disc harrows off the road when completed.  The Attorney advised there is a Statute protecting county roads.  On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Board adopted a resolution prohibiting the use of harrows and equipment and that appropriate signs be erected.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Engineer was instructed to improve Bates Avenue between Grove and Bay Streets in the City of Eustis; also to improve the parking lot behind the County Welfare Office in Leesburg.

On recommendation of the Engineer and on motion of Commissioner Dykes, seconded by Commissioner Windram and carried, a resolution was adopted determining a maximum speed of 25 miles per hour on County Road 1-6508.

On recommendation of the Engineer and motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, a resolution was adopted determining a maximum speed of 15 miles per hour on certain streets in Mobile Home Estates and First Addition to Mobile Home Estates.

Engineer Hays presented three affidavits stating that a certain road in the Yalaha area has been in use for more than 20 years.  The adjoining property owner has erected a fence across the road.  On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Attorney was instructed to ask the owner to show cause why the road should not be declared a prescriptive road and requesting that the same be declared a prescriptive road.

The Engineer filed Construction Cost Report for the first quarter of 1968, of improvements to County roads.

Road maintenance

The Engineer reported that Commissions Dykes and Windram viewed the road in the Cassia area Mr. H. R. Fogle requested the County maintain, and there is apparently no justification for the County to take this road over for maintenance.

The Engineer recommended that the County not maintain River Road as this road is in an unrecorded subdivision and not dedicated to the public.

The Engineer advised the maintenance crew is still having trouble with property owners on N. George Street in Astor when trying to maintain the street.  No suit has been filed the owners.  On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Attorney was instructed to proceed with necessary legal action.

Road closings

Engineer Hays reported the streets in Paisley the Board has been petitioned to close are not dedicated to the public.  The Engineer was instructed to inform the petitioners the streets must be dedicated to the public before the Board can consider the petition.

Attorney Duncan advised he can find no deed to the County covering roads in Piney Woods Subdivision.  If Mr. Peter wants the road closed, he will have to present a petition in the usual manner.  The Engineer was directed to search the public records for such a deed.

Deeds

On recommendation of the Engineer and on motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, easements conveying the following described properties to Lake County were accepted and ordered recorded upon the public records:  (County Road 2-4206)

Grantors:         J. E. Olivia Courtoy

                                    The W 15 Feet and S 25 Feet of:

                                    The W 224.05 Feet of S 572 Feet of NE ¼ of SW ¼ of Sec.

                                    28, Tp. 19 S., R. 24 E.

 

Grantors:         The Kramer Company

                                    The E 15 Feet of:

                                    N 215.07 Feet of S 677.00 Feet of NW ¼ of SW ¼ of

                                    Sec 28, Tp. 19 S., R. 24 E.

 

Grantors:         Wilson H. Kennedy

                                    The W 15 Feet of:

                                    N 105 Feet of S 677 Feet of NE ¼ of SW ¼ of Sec.

                                    28, Tp. 19 S., R. 24 E.

 

Grantors:         The First Church of God

                                    The E 15 Feet of:

                                    E 188.60 Feet of S 461.93 Feet of NW ¼ of SW ¼ of

                                    Sec. 28, Tp. 19 S., R. 24 E.

Road and bridge department

Engineer Hays advised Marion County is interested in buying 10,000 tons of clay from the Higley Pit.  They will dig and haul the clay.  On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Chairman was authorized to contract Austin & Sons relative to selling clay to Marion County from their pit and have the cost of same applied to Austin’s obligation to Lake County.

Public health

The Engineer submitted final report of the Water and Sewage Committee and advised the Committee recommends that the Board interview three engineering firms relative to a long range feasibility study for countywide water and sewage treatment.  On motion of Commissioner Windram, seconded by Commissioner Cowart and carried, the Engineer was directed to invite representatives from the following firms to appear before the Board on May 27th:

            Gee & Jenson Consulting Engineers, Inc.      West Palm Beach

            Davis B. Smith Engineer, Inc.                        Gainesville

            Clark, Dietz & Associates, Inc.                      Sanford

Clerk Owens presented copy of Court Order filed in Palm Beach County suit citing the authority of the Palm Beach County Health Unit and the State Board of Health in refusing to issue septic tank permits to a subdivision developer.

Notice from the State Board of Health regarding federal grants for sewage construction for fiscal year 1968-69 was referred to the County Engineer.

County employees

On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Engineer was instructed to ask Trooper Jim Hooks for the names of personnel recommended by the Department of Public Safety to work at the Motor Vehicle Inspection Stations.

Application from Ollie Mae Dillard for the position of Clerk at the Eustis Station was read and the Engineer was instructed to notify Mrs. Dillard the deadline for receiving applications was March 31, 1968.

On recommendation of the Engineer, the Board agreed that Motor Vehicle Station employees will be under the same County Policy as other employees.

Plats

Engineer Hays advised the land being developed by Bill Rees of Williston is not in accord with the interim plan on water and sewage requirements.  The present plans call for the canal to be included in the minimum 12,500 sq. ft. lots.  The Engineer was authorized to notify Mr. Rees the Board feels the 12,500 sq. ft. should be usable land.

Recess and reassembly

The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:30 o’clock to take up the remaining items of business.

Water pollution

Zoning Director Webb reported on meeting held in Jacksonville by the Lake Apopka Technical Committee and informed the Board that Mr. Berkowitz of the Florida State Board of Health is not in favor of including the Oklawaha Basin Chain of Lakes in the pollution study.  Mr. Howard Young, Chairman, Oklawaha Basin Water Authority, was present and stated the stand taken by the Board of Health is very serious and can be very costly to the County.

The Chairman requested nominations for the members of the Lake County Pollution Control Board under the authority of Chapter 67-1608 entitled “Lake County Air and Water Pollution Control Act.”  It was also suggested that two associate members be selected because of the interest expressed by numerous citizens in the County.

Upon motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the five members selected were as follows:

            Carol Floyd, Umatilla             One Year Term

            Roy J. Snell, Leesburg            One Year Term

            E. T. Hall, Leesburg                One Year Term

            Wm. H. West, Minneola         Two Year Term

            Jos. L. Yazvac, Howey           Two Year Term

The following persons were nominated as associate members of the Boar dupon motion duly made and carried:

            Dr. Robert C. Ingram, Dona Vista

            Neal Huebsch, Eustis

Juvenile

Judge W. A. Milton, Jr. appeared with reference to the County furnishing public defender and prosecutor for indigent children.  Judge Milton said he is under the impression the Board has previously approved funds for counselors for the Juvenile Court.  Attorney Duncan said after the Board agreed to take this under advisement, the Attorney General advised there is no provision in the law for this.  The Gault Decision handed down by the Supreme Court says it is the burden of the County to furnish a public defender and prosecutor.  Judge Milton said Juvenile Court has only had six trials since the Gault Decision, May 16, 1967.  On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, a resolution was adopted authorizing such amounts as shall be determined by the Order of the Juvenile Judge for the defense of juvenile defendants, to be paid from the Fine & Forfeiture Fund.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, a resolution was adopted authorizing such amounts as shall be determined by the Oder of Juvenile Judge for the prosecution of juvenile defendants, to be paid from the Fine & Forfeiture Fund.

On recommendation of Judge Milton and on motion of Commissioner Theus, seconded by Commissioner Dykes and carried, the Board appointed L. R. Huffstetler, Jr. to act as Court Counselor (Prosecutor) in the Juvenile Court.

Budget

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, June 6, 1967 at 9:00 o’clock A.M. was approved as the date to begin hearing budget requests, and the Clerk was instructed to notify the interested parties.

Clerk Owens presented tentative budget of the State Road Department for the fiscal year June 30, 1968 to July 1, 1969, hearing on same to be held on May 23, 1968 at Marco Island, Florida.

Elections – primary

The Clerk presented notice from the County Judge’s Office the Canvassing Board for the May 7th Primary Election I scheduled for Wednesday, May 8, 1968, at 9:00 o’clock A.M.  Chairman Babb appointed Commissioners Cowart and Windram to serve on the Canvassing Board.

Clerk Owens filed copies of letters transmitting qualifying and filing fees to the Democratic and Republican parties, representing fees paid by candidates who qualified for County offices.

On motion of Commissioner Theus, seconded by Commissioner Cowart and carried, Clerks and Inspectors for the second primary election were approved and filed with the Clerk.

Federal agencies

On motion of Commissioner Cowart, seconded by Commissioner Windram and carried, application forms were approved form the acquisition of land from the Department of Interior under the Recreation and Public Purposes Act, and the clerk was instructed to enclose $10.00 filing fee.

The Board deferred action on Statement of Intention to Designate a Community Action Agency, which was requested by the Office of Economic Opportunity.

Notice from the Lake county Economic Opportunity, Inc. that a field Representative will be in Lake County on May 9 to discuss “Green Amendments as it affects the 1964 Economic Opportunity Act was read and filed.

Newsletter from the Lake County Economic Opportunity, Inc. was filed.

Brochure from the Office of Economic Opportunity outlining the Community Actions Programs was filed.

Roads – State

Attorney Duncan presented deed for right of way on SR 19-A (Kurt Street), whereupon, on motion of Commissioner Dykes, seconded by Commissioner Windram and carried, a resolution was adopted authorizing the Chairman and Clerk to execute the deed.

Attorney Duncan advised the State Road Department is interested in the County appointing an acquisition agent to acquire three borrow pits on SR 19 between Eustis and Umatilla, Section 11100-2504, Parcels 902, 903, 904.  On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the board appointed Emery Dillard to acquire the pits on a per diem basis for $27.00 plus 10¢ per mile.

Clerk Owens submitted letter from the State Road Department advising that bids on Job 11518-3601, SR S-474 from SR 33 to SR 25 will be received on May 23, 1968.  Commissioner Dykes moved for the execution and approval of maintenance agreement on the subject project, whereby the State Road Dept. agrees to retain the project on the Secondary System and assume maintenance upon completion of construction.  The motion was seconded by Commissioner Cowart and carried.

Clerk Owens presented right of way contract on Job 11506-2604, SR 19-A together with Map of Survey and Location, whereupon, on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, a resolution was adopted authorizing the Attorney to proceed with the necessary steps to acquire rights of way, borrow pits and easements no the subject job.

At the request of the State Road Department, relocation of power line by Sumter Electric Coop., Inc. presently located on private property necessitated by the acquisition of right of way on SR 19, Job 11100-6504, was approved on motion of Commissioner Theus, seconded by Commissioner dykes and carried, cost of same to be paid from Secondary Funds accrued to Lake County.

State road department

Statement of Status of Secondary Funds together with Statement of Status of Trust Fund, both as of March 31, 1968, were filed and copies distributed to each Board member.

Tax assessments

The Clerk presented notice from the Office of Comptroller that refunds of Ad Valorem Taxes shall be passed upon and approved by the Comptroller and refunded from the County Treasurer.  Said refunds request must be made on forms furnished by the Comptroller.

Certificates of Correction of Errors and Corrections on the 1967 tax roll numbered 124-135 as submitted by the Tax Assessor were approved on motion of Commissioner Dykes, seconded by Commissioner Theus and carried.

Attorney Duncan advised he is in receipt of a letter from the Southwest Florida Water Management district asking the County to relieve property purchased by the District from taxes.  Mr. Duncan was instructed to review the authority for the request.

County property

Clerk Owens informed the board the Attorney has reported the property West of the Courthouse (W. G. Wells Packing House) is now clear and can be purchased.  Mr. Owens was instructed to ask the bank to submit a price for the purchase of the property.

Hospitals

On motion of Commissioner Cowart, seconded by Commissioner Theus and carried, the action of the Chairman and Clerk approving applications to the State Tuberculosis hospitals was approved from the following:

            Emmitt Kirby

            Brady Albert Ellison

Notice from the Hospital was filed advising that William Harold Rutland was discharged on April 11, 1968 with medical advice.

Licenses & permits

Request from T. E. and Lucile Davis for permit to build a hyacinth fence at the approach of Clearhill Canal entering the St. Johns River was approved and the Clerk was directed to so notify the Corps of Engineers.

Bonds for carrying firearms were approved from James. B. Daugherty on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.

The Engineer filed the following Use Permits:

To Florida Telephone Corporation for the construction and maintenance of buried cable along County Rd. No. 1-4909, located in Leesburg, Florida.

To Florida Telephone Corporation for the construction and maintenance of buried cable along County Rd. No. 1-4807, located in Leesburg, Florida.

To Florida Telephone Corporation for the construction and maintenance of buried cable along County Rd. No. 1-4807, located in Leesburg.

To O. D. Corbett for 1½ O. D. Gal. iron waterline for Mrs. Maloney located between Eustis and Umatilla, Florida.

To Florida Power Corporation for the construction and maintenance of 2000 Ft. of 7200 Volt, single-phase, wood pole line located between Clermont and Winter Garden, Florida.

To George Walker for construction and maintenance of aluminum pipe under clay road for irrigation purposes located between Polk City and Groveland, Florida.

 

Bonds – misc.

Contractor’s bonds for certificates of competency numbered 333-341 were approved on motion of Commissioner Dykes, seconded by Commissioner Windram and carried.

Resolutions not classified elsewhere

On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, a resolution was adopted expressing the sympathy of the Board in the passing of Gordon Hays, father of County Engineer Gordon Hays, Jr.

Resolution from State Association of County Commissioners relative to the passing of Dewey H. Livingston, Lake County Commissioner, was read and filed.

Salaries & wages

On motion of Commissioner Theus, seconded by Commissioner Windram and carried, Julia Schall was appointed Deputy Director of the Planning and Zoning Commission with salary increase effective May 1, 1968 of $500.00 per month, said appointment and salary adjustment will be in effect until a new Director is employed.

Prisoners

Copy of letter from Donald Eugene Block who is incarcerated in the State Prison to the Governor was filed.

Inventory

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, Huber Hydraulic cylinder stored at the District 5 barn was declared surplus and obsolete, and offer of $4.50 from Merrill’s Garage for the cylinder was accepted.

Courthouse

Request of the Lake-Sumter Legal Secretaries Association to place their life-size model of “Miss Legal Teri” in the lobby of the Courthouse was approved on motion of Commissioner Theus, seconded by Commissioner Windram and carried.

County buildings

Request from the Lake County Safety Council to continue to hold Safety Drivers’ Course on Thursday nights in the Zoning hearing room in the Engineering and Zoning Building was approved on motion of Commissioner Dykes, seconded by Commissioner Windram and carried.

Fair association – leases

Attorney Duncan advised he has prepared a rough draft of a form of lease to the Fair Association on the fairground buildings, which will take careful consideration.  Will send a copy of the lease to the members of the Fair Association and also the Board members for study and consideration.

Contracts

Attorney Duncan advised the contract with Jack Jones, Architect, on Fair Buildings is in order, but recommended that same not be signed until the plans and specifications have been approved by the Board, and same should be a part of the contract.

Zoning

Commissioner Windram asked the status of the junk yard violators.  Attorney Duncan said the County should bring a suit against a prominent case, and if we win the case, we can proceed from there.

Applications

Application of George G. Weiskircher seeking employment as Park Manager was filed.

Complaints

Letter from B. F. Lewis, Lady Lake, complaining of the uselessness of the “fogging” program was read and filed.

E. Central Florida Regional Planning Council

Council Keynotes regarding construction trend – 1967 was filed.  Also, copy of resolution adopted by the Council urging the preservation for the National Seashore in Brevard and Volusia Counties.

Accounts allowed

On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the action of the Clerk in releasing check to Carroll Contracting Company for resurfacing streets in Silver Beach Heights was approved.

On recommendation of the Engineer and motion of Commissioner Windram, seconded by Commissioner Dykes and carried, the Board approved mileage of 10¢ per mile for the Supervisor of the Motor Vehicle Inspection Stations; also, that the Supervisor will be under the supervision of the County Engineer.

The Board authorized the Engineer to purchase miscellaneous items necessary for the operation of the motor Vehicle Inspection Stations.

On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, an additional mercury lamp was approved from the district No. 1 Barn at a monthly rental of $4.70 to the City of Leesburg.  No installation cost.

On motion of Commissioner Theus, seconded by Commissioner Cowart and carried, expenses of any Board member were approved to attend DARE Conference at the University of Florida June 5 and 6.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, Chairman Babb was authorized to attend the Fifty-fifth National Convention of the National Rivers and Harbors Congress in Washington, D. C. on June 4-7.

On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, the low proposal from True Temp, Inc. in the amount of $842.00 was accepted to replace air conditioning unit and compressor at the Juvenile Shelter.

Statement for service rendered from L. R. Huffstetler, Jr. for $50.00 in the case of Tommy Logan, Juvenile, was approved on motion of Commissioner Theus, seconded by Commissioner Windram and carried.

Request of County Agent Earl Kelley to attend three week course on Agricultural Extension Organization and Administration at North Carolina State College June 24-July 12 was approved on motion of Commissioner Dykes, seconded by Commissioner Windram and carried.  Course is offered at no expense to the County.

On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, expenses were approved for nine 4-H Club members, three Agents and three Judges to attend Camp McQuarrie, May 17-18; also expenses for 4-H girls and boys to attend camps in June.

Travel expenses for Robert M. Jones were approved to attend Dairy Production Conference, Gainesville, May 7 and 8, on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Clerk was authorized to purchase an American Flag together with pole and stand for the Commissioners Room.

Request from the Clerk of the Circuit Court for $900.00 advance to pay State Trial Witnesses at the Spring Term of Court was approved on motion of Commissioner Cowart, seconded by Commissioner Theus and carried.

On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, bill to clean and rehang drapes in the Circuit Judge’s Office and the County Judge’s Office was approved in the sums of $63.25 and $16.50 respectively.

Request from the Leesburg General Hospital for $5,000 was approved on motion of Commissioner Theus, seconded by Commissioner Dykes and carried.

On motion of Commissioner Windram, seconded by Commissioner Cowart and carried, the Clerk was authorized to print and advertise the ballot for the Second Primary.

On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, cost of extension telephone in the Small Claims Courtroom was approved, also, extension to the Sheriff’s Office from the Small Claims Office.

Payrolls for the month of April were approved on motion of Commissioner Dykes, seconded by Commissioner Theus and carried.

Communications

Letter from Julia D. Frazier, Realtor, Orlando, requesting information relative to 4-lane highway between Disney World and Dade City was referred to the State Road Department.

Proclamation from the Governor proclaiming Central Florida as a drought area and prohibiting burning in the area was read and filed.

Copy of letter from the Clermont Garden Club to the Orlando Chamber of Commerce relative to control of water pollution was read and filed.

Letter from the Gardenia Garden club of Eustis requesting that consideration be given to a separate building for the Lake County Flower Show was read and filed.

Copies of letters from the State Board of Health relative to the following were filed:

            Clearwater Lake Recreation Area

            Camp Challenge

            B & W Canning Company

            City of Eustis (Country Club Mobile Mannor)

Notice from the Florida Industrial Commission advising they have resumed the determination of prevailing wage rates for public construction projects.

Reports

Financial summary report of the Lake County Health Unit for the years 1967-68 compared with actual receipts and disbursements for the period 7-1-67 to 12-31-67.

Comptroller’s Report of County Finances for the fiscal year 9-30-67 was filed.

The following monthly reports were filed:

Florida Division of Corrections re: Road Prise #58 and Lake County Jail and Stockade.

            Surplus Commodity Warehouse Supervisor

            Lake County Building Department

            Veterans Service Officer

            County Agents and Assistants

            Statistical Report – Florida State Board of Health

There being no further business to bring before the Board, the meeting adjourned at 5:00 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN