MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

MONDAY – july 1, 1968

A regular meeting of the Board of County Commissioners of Lake County, Florida, was held Monday, July 1, 1968, at 10:00 A.M. in the Commissioners’ Room in the Courthouse, in Tavares with the following members present:  Commr. Babb, Chairman; Commrs. Cowart, Dykes, and Windram; Clerk Owens, Attorney Duncan, Tax Assessor R. G. Cassady, and Deputy Clerk Norma Coven.

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

bids

It being the time advertised to receive bids on Workmen’s Compensation Insurance, the Chairman directed the Clerk to open and tabulate the bids; whereupon, the Clerk reported receiving bids as follows:

J. C. Noblitt                                        $10,498.00 – 10 percent dividend estimated $950

 

            Consolidated Insurance Agency         $10,498.00 – subject to year-end audit

           

            First National Insurance Agency       $10,497.00 – 6 percent dividend estimated $630.00

 

On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the bids were taken under advisement and the Chairman announced a decision will be made during the day.

Later in the day, Commr. Dykes moved that the bid of J. C. Noblitt be accepted as the lowest and best bid.  Motion was seconded by Commr. Windram and unanimously carried.

County buildings and grounds

Judge Milton appeared and presented a written offer of a patrolman to construct a basketball court at the Juvenile Shelter at no cost to the County.  On motion of Commr. Dykes, seconded by Commr. Windram, the Board authorized the prison crew to prepare the ground for the court.

deeds

On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Dykes and unanimously carried, deeds conveying road right of way on the Bridges Road from the following were accepted and ordered recorded upon the public records:

            GRANTORS:  Harlan G. Burgett and wife, Helen Burgett               O.R. Bk. 362, Pg. 142

           

                                    Addison G. Smith, a single man, and

                                    Edward D. Smith and wife, Laura W. Smith             O.R. Bk. 362, Pg. 140

           

                                    Story Properties, a partnership composed                 O.R. Bk. 362, Pg. 141

                                    Of W. L. Story and Lena M. Story

 

road maintenance

The Engineer discussed the advisability of repairing the wooden bridge over Bronson Road, County #3-1038, or erecting a concrete bridge.  He was instructed to determine how much the bridge is used for navigation.

The Engineer asked for a decision of the Board relative to improving streets in the City of Umatilla.  He advised the County is not assisting with any city streets except where joined by state highways.  Attorney Duncan stated if the municipality is incorporated and has taxing power, it is the duty of the municipality to assess taxes and maintain the streets.  Action was deferred for further consideration on motion of Commr. Cowart, seconded by Commr. Dykes and unanimously carried.

For the record, the Engineer presented a list of the following projects approved by the Board for maintenance:

            Paving projects                       Tally Box Road Extension – County #1-5108

Fla. Citrus Research Foundation Rd. #2-2711

Titcomb Ave., County #4-4959

Pinecrest Ave., County #4-4961

Hunter St., Umatilla (City will pay the cost of materials)

 

            Maintenance projects             Hugh St. and Myrtle Ave., County #5-6862

                                                            Two or three drainage flumes on E. Crooked Lake Drive

                                                            One drainage line on Britt Road

 

roads – county

Engineer Hays advised problems of dumping exist on County Road #4-5869 (Wall St.).  On motion of Commr. Windram, seconded by Commr. Dykes and carried, the Engineer was instructed to erect no dumping signs along the road and the Attorney was directed to review the General Laws to determine if they pertain to County Roads.

right of way easements – except roads

Easement of the Florida Power Corporation for eight feet clearance across the Fairground property to erect a power line was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.

Bonds – road

Attorney Duncan reported he is in receipt of a letter from Mr. Draper, State Road Department, advising the County does have the ability to issue road revenue bonds in the amount of $1,750,000 to be repaid over a period of 10 years by the 80 percent surplus of the 5th and 6th cent gas tax.  Mr. Duncan also submitted estimates of cost of rights of way to be included in the bond program as prepared by Mr. Benedict of the State Road Department.

Road closing

It now being the time advertised to hold a public hearing to consider a petition to close an unnamed street in Eldorado Heights, and no one appeared to object to the closing, a motion was made by Commr. Windram, seconded by Commr. Dykes and carried that the Board adopt a resolution closing the following described street:

AN UNNAMED STREET, as shown on the Plat of Eldorado Heights as filed and recorded in the public records of Lake County, Florida, in Plat Book 3, Page 7, more particularly described as follows:

 

Begin at the Northeast corner of Lot 164 in the said Eldorado Heights, then run Southwesterly along  the Northerly line of Lots 164 and 165 in the said Eldorado Heights to the Northwest corner of said Lot 165; thence run Northerly along a Northerly extension of the Westerly line of the said Lot 165 to the waters of Lake Eldorado, the said point being hereby designated as “Point A;” Begin again at the point of beginning, thence run Northerly along a Northerly extension of the Easterly line of Lot 164 in the said Eldorado Heights to the waters of Lake Eldorado; thence run Southwesterly along and with the waters of the said lake to the above designated Point “A.”

 

Clerk Owens presented a petition of F. Gould Garcia and T. J. Rawls, Jr. to close Rose Street in Villa City, whereupon on motion of Commr. Cowart, seconded by Commr. Windram and carried, the Board authorized a public hearing to be held on August 12th at 11:00 A.M. of the intention to vacate, abandon and close the following described street:

That part of Rose Street as shown on Plat of Villa City as recorded in Plat Book 1, page 31, public records of Lake County, Florida, described to-wit: Begin 200 feet East of the Southwest corner of Block 155 and run thence West traversing Beach Avenue, to the waters of Lake Emma as shown on said Villa City Plat, Plat Book 1, Page 31.

 

road maintenance – subdivisions

Bob Austin, Attorney, appeared on behalf of Robert W. Thompson, property owner in Clermont Shores Subdivision, relative to a resolution adopted by the Board on March 13, 1967 closing a bridge over a canal in the subdivision.  Mr. Austin asked if the County contemplates maintaining the road.  Commr. Dykes advised all the work to make the road accessible was done at the expense of the property owners, and the canal had never been used as boat access.  Mr. Austin said Mr. Thompson is willing to contribute $500.00 to the cost of constructing a bridge over the canal.  Mr. Dykes said the County has never accepted the road for maintenance and that it is a subdivision road dedicated to the public.  Mr. Hays stated the best solution would be the installation of a large culvert to allow small boats to traverse from the lake to the canal.  Commr. Dykes moved that any improvements will be the sole responsibility of the owners, with the County’s approval, in accordance with the resolution.  The motion was seconded by Commr. Cowart and unanimously carried.

suits affecting county

Attorney Duncan advised he has prepared an injunction suit relative to a junk yard violator, Diamond Auto Salvage Company, but they only need the property description.

The Attorney was directed to again request a title search on the railroad right of way in Astor in order that Suit to Quiet Title can be filed.

fair

Clerk Owens advised the second payment of $52,550.00 from the sale of fairground property is past due, but the purchaser will not release the money because the debris has not been removed from the site.  Engineer Hays said the crews have been tied up on the Motor Vehicle Inspection Stations, but will try to get on this as soon as possible.

recess and reassembly

The meeting adjourned for lunch at 11:50 A.M. and reconvened at 1:45 P.M. to take up the remaining items of business.  Commr. Theus was present at this time.

insurance

Mr. Tom Termohlen representing The First National Insurance Agency and Travelers Insurance Co. appeared relative to income protection insurance for the county employees.  After hearing Mr. Termohlen, Commr. Dykes moved that this plan be presented to the county employees after bids are received on hospitalization insurance.  The motion was seconded by Commr. Cowart and carried.

bids

It now being the time advertised to receive bids on the construction of a multi-purpose building for the Lake County Fair, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving bids from the following:

            Decker Construction Co.                    $116,300.00

            Geiger-Jones Construction Co.          $102,650.00

            Harvey Spears Construction Co.        $98,510.00

            Morris-Prichard Bldrs. Inc.                $122,800.00

            Thompson Bros. Const. Co.               $108,975.00

 

On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the low bid of Harvey Spears Construction Co. was accepted, with the reservation to decide at a later date if the base bid will be accepted.  The Architect was instructed to contact the Fair Association with reference to assisting with the cost of the foundation for the flower show building.

budget

Attorney Duncan advised he has checked Chapter 67-321 and Chapter 321, General Statutes, and can find no reference to anything but compensation as a fee to the County Prosecutor.  No reference is made for any office assistance, office equipment or anything else, and unless it can be shown that the Board does have specific authority to make these payments, it does not appear that the Board has the right to pay the County Prosecutor any additional sums than his fixed salary.

Attorney Duncan presented a letter from the Addressograph Multigraph Corporation to Mrs. Katherine Baker with reference to leasing an addressograph machine.  On motion of Commr. Cowart, seconded by Commr. Dykes and carried, the Clerk was instructed to include the cost of an addressograph machine in the 1968-69 budget for the Supervisor of Elections.

Mr. C. W. Sheffield, Chairman of the Lake Apopka Technical Committee, appeared relative to funds for the Lake County Water Pollution Control Board.  Mr. Sheffield was advised to discuss this with the Pollution Control Board and to have them bring their request to the next Board meeting.

Resolutions not classified elsewhere

On motion of Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted expressing the Board’s sorrow on the death of Stephen George Pemberton.

Civil defense

Clerk Owens submitted a letter from the Civil Defense Director relative to the successor to Col. H. W. Tarkington, State Director, who is retiring.

Tax assessor

Certificates of Corrections of Errors and Corrections on the 1967 tax roll numbered 136-142 were approved on motion of Commr. Windram, seconded by Commr. Cowart and carried.

water levels

Clerk Owens presented a copy of a letter from the State Road Department to the Marion County Commission relative to Lake County’s request for the installation of an additional culvert under SR 42 in the Nicotoon Chain of Lakes.  Correspondence regarding this subject was referred to the Oklawaha Water Authority.

hospitals

On motion of Commissioner Cowart, seconded by Commr. Windram and carried, applications to the W. T. Edwards T. B. Hospital were approved for the following:

            Alice Ruth Lee

            William M. Miller

 

licenses and permits

Bonds for Carrying Firearms were approved on motion of Commr. Cowart, seconded by Commr. Windram and carried, for the following:

            J. C. Cooper

            Robert L. Leggett

            Edward H. Riddle

            Richard G. Shipes, Jr.

            Richard E. Toole

 

Use permits were filed as follows:

To:      Florida Telephone Corporation for the construction and maintenance of buried cable along County Road Dist. 5-9688 and crossing County Road Dist. 5-9788 located between Astor Park and Astor in North Lake County.

 

Florida Telephone Corporation for the construction and maintenance of buried cable paralleling a portion of County Road No. 5-9685 located between Astor Park and Astor in North Lake County.

 

Florida Telephone Corporation for the construction and maintenance of buried cable along a portion of and aerial wire crossing County Road No. 3-3637 in Lake County.

 

Florida Telephone Corporation for the construction and maintenance of buried cable paralleling a portion of County Road No. 2-1629 located between SR 50 and Sumner Lake.

 

Florida Telephone Corporation for the construction and maintenance of buried cable crossing under Lake County Roads No. 5-4928, No. 5-5433 and No. 5-4636 located between Leesburg and Tavares.

 

City of Tavares for the construction and maintenance of a water line between SR 561 and Mobile Home Estates.

 

City of Tavares for the construction and maintenance of a city water line between Tavares and Eustis.

           

bonds – misc.

Deputy Sheriff’s bond for James L. Yates was approved on motion of Commr. Dykes, seconded by Commr. Theus and carried.

Contractors bonds of competency number 349-353 were approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.

Soil survey

Supplement to the Cooperative Agreement with the United States Department of Agriculture and Soil Conservation Service extending the agreement to September 30, 1968 was approved on motion of Commr. Windram, seconded by Commr. Cowart and carried.

Roads – state

Clerk Owens filed a letter from the State Road Department advising that bids were received on SR 474 from SR 33 to SR 25 and that Cone Bros. Contracting Company of Tampa was the low bidder.

Roads – county

Mr. H. R. Fogle, Deland, appeared relative to a previous request to declare a road in the Cassia area a prescriptive road.  Commr. Windram reported that he and the Engineer viewed the road and moved the adoption of a resolution declaring the following road a prescriptive road based on the evidence submitted:

From the West Quarter corner of Section 21, Tp. 18 S. R. 29 E., run thence South 350 feet more or less, thence West 250 feet more or less to the intersection of a sand road and the point of beginning; thence run Southeasterly, Easterly and Northeasterly along said sand road, a total distance of 3250 feet more or less to its intersection with a North-South sand road, said description being located partly in Sections 20 and 21, Tp. 18 S. R. 29 E.

 

Said motion was seconded by Commr. Dykes and carried unanimously.

county property

Clerk Owens submitted a letter from the Department of Interior advising that the description of land designated for park purposes near Cypress Lake is incorrect and that the nearest access to the land would be from the west rather than from the east as shown on the County map.  Commr. Cowart moved that the previous offer of the Board to purchase the property be rescinded.  The motion was seconded by Commr. Windram and unanimously carried, and the Attorney was instructed to notify the Department of Interior of the Board’s action.

The Clerk advised the Board that Willis V. McCall has advised he will not remove the house he purchased from the County which is located on the site of the proposed Health Building due to the exorbitant cost.  On motion of Commr. Cowart, seconded by Commr. Windram and carried, the Engineer was instructed to have the prisoners dismantle and remove the building, and the Clerk was instructed to return the check for $50.00 to Mr. McCall.

county employees

Request from Mary M. Hamner for vacation leave from July 8 to July 22, 1968 was approved on motion of Commr. Dykes, seconded by Commr. Cowart and carried.

Law library

Robert A. Stebbins, Attorney, appeared and requested access to the law library after working hours for the members of the Lake-Sumter Bar Association.  On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Board authorized that the lock on the middle back door to the Courthouse lobby be replaced with a safe locking device and keys issued to the Bar Association members, upon request.  One dollar deposit per key will be required.

inventory

On motion of Commr. Cowart, seconded by Commr. Windram and carried, Underwood Manual Typewriter, Inventory No. 3640, was declared surplus and an offer of $10.00 from Virginia Hansel was accepted for the machine.

accounts allowed

On motion of Commr. Windram, seconded by Commr. Cowart and carried, requisition from the Lake County Development Commission for $1,250.00 was approved.

Fund transfers

Request from the Sheriff to transfer $11,000.00 from the Contingency Fund to the following accounts was approved on motion of Commr. Windram, seconded by Commr. Cowart and carried:

            Salaries of Deputies                 $3,000.00

            Expenses Other than Salaries   $1,000.00

            Equipment                                $7,000.00

 

cancellation of warrants

On motion of Commr. Dykes, seconded by Commr. Cowart and carried, the Clerk was authorized to cancel the following warrants:

Fine and Forfeiture Warrant No. 381, payable to Greyhound Bus Station, for $43.90 and 384, payable to W. T. Mills for $5.00, transportation and meals for Juvenile;

 

Fine and Forfeiture Warrant No. 504, payable to S. A. Akel, for $20.60, witness fee-case dismissed.

 

General Fund Warrant No. 1585, payable to Bishop Office Equipment Co., for $3.95, duplicate payment.

 

communications

Copy of letter from the State Association of County Health Officers to the State Board of Health recommending that County Health Department funds be increased to cover future needs of the departments.

Copies of letters from the Shady Grove Youth Camp were filed and referred to the Planning and Zoning Commission.

Copy of letter from the State Board of Health regarding the Sandpiper Mobile Manor was filed and referred to the Planning and Zoning Commission.

Memorandum from the State Board of Health relative to Priorities for Grants under Public Law 660 for Fiscal Year 1969 was filed.

Council Keynotes published by the East Central Florida Regional Planning Council were filed.

reports

The following monthly reports were filed:

            Building Department

Surplus Commodity Warehouse Supervisor

 

Reports of C. W. Sheffield relative to the meetings in Leesburg, Florida and Athens, Georgia with reference to pollution were referred to the Pollution Control Board.

 

There being no further business to bring before the Board, the meeting adjourned at 4:00 P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN