MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
monday - july 8, 1968
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held Monday, July 8, 1968, in the Commissioners’ Room in the Courthouse, Tavares, Florida, 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 Frank E. Owens, Attorney C. E. Duncan and Deputy Clerk Norma Coven.
The meeting was called to order by the Chairman and the invocation was given by Mr. Gordon Hays.
It being the time advertised to receive bids on the sale of 1964aerial prints of Lake County, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving the following bids:
Lockmiller-Foster, Inc. $150.00
Thelma B. Robertson 26.65
Meredith B. Salyer 76.00
On motion of Commissioner Dykes, seconded by Commr. Windram, and carried, all the bids were rejected and the Clerk was instructed to return the bid bonds and checks to the bidders.
On motion of Commr. Theus, seconded by Commr. Cowart, and carried, the following changes were approved to the present indigent list:
District No. 1 ------ CANCEL Minnie Clark $48.00
ADD Eben Miller 18.62
District No. 2 ------ ADD Shallie Queen 36.67
District No. 4 ------ ADD Luva Glover 50.60
Districts 3 & 5 ----- No change
Mr. Roy J. Snell, Chairman of the Pollution Control Board, was present relative to the budget for the Pollution Board. Mr. Snell said the Pollution Board would like to meet with Orange County before a decision is made by Lake County. Clerk Owens said due to the time element, this is not possible; whereupon, on motion of Commr. Theus, seconded by Commr. Dykes, and carried, the Board adopted a tentative budget in the amount of $23,240.00 funds to be expended for the operation of the Pollution Board.
Roads – county
Dwight Gaines and Ben Harmon appeared and presented eight affidavits stating that a certain road has been used by the public for a period of more than 20 years. On motion of Commr. Dykes, the Board adopted a resolution declaring the following described road a public road by prescription, based upon evidence submitted, and empowering the Sheriff of Lake County to remove any obstructions which may be placed on said road:
Mr. Jack Jones, Architect and Mr. W. B. Clements, Chairman of Building Committee for the Fair Ground Building, appeared and recommended that the base bid on the multi-purpose building be accepted thereby eliminating the Alternate No. 1. Commr. Dykes moved that the Board abide by the recommendations and accept the base bid of Harvey Spears, General Contractor, in the amount of $98,510.00. The motion was seconded by Commr. Windram and unanimously carried.
Engineer Hays presented copies of forms that are required at the Motor Vehicle Inspection Stations. Due to the paperwork involved, Mr. Hays recommended another clerk be employed to handle this and also act as a substitute clerk during vacation periods. On motion of Commr. Dykes, seconded by Commr. Cowart, and carried, the Clerk was directed to increase the budget $3600.00 to be used as a salary for an additional clerk.
Engineer Hays informed the Board he is in receipt of a request form the City of Eustis for the County to maintain the marina on Lakeshore Drive. Mr. Hays advised when the marina was constructed on a 50/50 basis with the City, it was understood the City would maintain the marina. On motion of Commr. Theus, seconded by Commr. Windram, and carried, the Engineer was instructed to notify the City of Eustis, the County will repair the catwalks and maintain the paving surface.
Mr. Hays stated the City of Umatilla is again asking for assistance to improve unpaved streets within the city limits. The request was denied due to the fact the County does not make improvements to city streets in other municipalities.
Road and Bridge dept.
Engineer Hays advised a drain in Nooney’s Subdivision to be corrected. Can secure easement and the cost of the pipe will be approximately $200.00. On motion of Commr. Windram, seconded by Commr. Dykes, and carried, the Engineer was authorized to install the necessary culvert.
The Engineer reported the trouble at Hook Street and Minnehaha Lakeshore Drive in Clermont originates in the city and ends in the County’s portion of the street. He was instructed to request the City to keep Hook Street cleared of the clay.
Commr. Theus presented letter from Bob Millikan relative to closing Oleander Ave. between Magnolia Blvd. and Eldorado Drive in Sunset Park Subdivision. On motion of Commr. Theus, seconded by Commr. Cowart, and carried, the Attorney was instructed to prepare the necessary petition to close the street and advertise same.
Roads – county
On motion of Commr. Dykes, seconded by Commr. Cowart, and carried, a resolution was adopted prohibiting heavy trucks on the Gun Shop Road, County Road No. 3-4260.
Bonds – misc.
On motion of Commr. Dykes, seconded by Commr. Cowart, and carried, notary bond for Shirley Sawyer with sureties C. E. Duncan and Christopher C. Ford was approved by the Board.
On motion of Commr. Theus, seconded by Commr. Dykes, and carried, the action of the Chairman and Clerk in approving applications to the Tuberculosis Hospitals was approved for the following:
James Wesley Parker
Notice from the Southeast Florida Tuberculosis Hospital that Jewel Bryant expired on June 21, 1968 was filed.
The Clerk submitted letter together with permit application from the Southwest Florida Water Management District relative to the Lake County’s request for the installation of an additional culvert under SR 42 in Marion County. On motion of Commr. Dykes, seconded by Commr. Cowart, and carried, the Clerk was instructed to forward the permit to Marion County for execution by that Board.
Clerk Owens presented copy of telegram from Lake County Congressmen advising that $44,000.00 grant has been approved for the construction of a Health Center in Tavares.
Licenses & Permits
On motion of Commr. Dykes, seconded by Commr. Theus, and carried, the Board approved the installation of a submarine cable across the Dora Canal by the Florida Telephone Corp., provided permit is granted by the Southwest Florida Water Management District and the Corps of Engineers.
Bonds for carrying firearms were approved for the following, on motion of Commr. Cowart, seconded by Commr. Theus, and carried:
Charles W. Shadewalt
Lillian A. Strickland
E. Central florida regional planning council
Memorandum from the Council regarding Council financing by the counties citing Section 160.01 (1) Fla. Statutes was referred to the Attorney. Mr. Duncan advised the above section does give the counties the right to expend budgeted funds for the Council, however, the Board may be criticized for last year’s payment under the ruling of the Attorney general. Must get a special act passed permitting the Board to pay lump sums under the provisions of the Act. Council keynotes for June were filed.
Recess and reassembly
The Board recessed at 12 o’clock noon for lunch and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Opinions – legal
Attorney Duncan reported he has searched the laws and can find no evidence whereby the County has the authority to expend funds for operating expenses to the Prosecuting Attorney.
Attorney Duncan reported that Section 861.10, Florida Statutes 1967, reveals that any person found guilty of dumping trash or refuse on any public highway, road or street shall be fined one hundred dollars or be imprisoned not more than thirty days.
Clerk Owens advised he has reviewed the special acts and can find no provisions for any supplement to the salary of the secretary to the Circuit Judge.
Mrs. Watson of Yalaha appeared and requested that the County maintain road described as:
.8 mile South of SR 48 off of County Road 2-3024.
The Board advised her this road will be considered at the next quarterly meeting on roads.
Mr. Jay VanderMeer and Mr. Fred Kramer appeared and recommended Mr. James Clay Watkins be employed at the Planning & Zoning Director, at an annual salary of $11,500.00. no action by the Board.
On recommendation of the Planning & Zoning Commission and on motion of Commr. Dykes, seconded by Commr. Windram, and carried, a resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the classification, designated after each description:
See Page 244 of Minute Book 20.
Mr. Kramer informed the Board the Zoning Commission has received complaints of odors and flies resulting from a hog pen on property owned by Beverly Zrizzard, which is zoned R-1-A (Residential). Attorney Duncan advised Mr. Kramer to have the attorney for the Planning & Zoning Commission file a complaint with the County Prosecutor for action in the County Court.
Mr. Jesse Sparks appeared and requested the board approval of a contemplated causeway from Kliser’s Camp to Goat Island in Lake Harris. Mr. Sparks said the island does not belong to him at this time; however, he is contemplating purchasing it. Atty. Duncan said Lake Harris is one lake in the county that title is vested in Lake County from the middle of the stream to the bank. After much discussion, Commr. Dykes made a motion approving Mr. Sparks’ plan subject to the approval of the Corps of Engineers, Southwest Florida Water Management District and the Game and Fresh Water Fish Commission, and that the bridge will be erected in accordance with requirements of the Corps. The motion was seconded by Commr. Cowart and carried.
Mr. Sparks said he is interested in some property on Lake Griffin and wants to clean out the debris along the lake edge. Mr. Duncan advised he can clean to the average high water mark.
Proposed changes in the By-Law of the Lake County Economic Opportunity, Inc. were filed.
Chamber of commerce
Letter from the Chamber of Commerce, together with proposed amendments to the Constitution and By-Laws of the Chamber were filed.
On motion of Commr. Theus, seconded by Commr. Dykes, and carried, the low proposal was accepted from Bowen Supply Co of $425.00 for storage cabinet for aerial photographs in the Engineer’s office.
Expenses for Emogene Stegall to attend State Association of Supervisors of Elections Conference in Jacksonville on August 14-17 were approved on motion of Commr. Dykes, seconded by Commr. Cowart, and carried.
Request from the Lake County Chamber of Commerce for $1,250.00 was approved on motion of Commr. Dykes, seconded by Commr. Windram, and carried.
On motion of Commr. Theus, seconded by Commr. Dykes, and carried, a resolution was adopted authorizing emergency repairs in the amount of $1,945.16 to Caterpillar Motor Grader, County No. 1207.
On motion of Commry Dykes, seconded by Commr. Windram, and carried, Architect’s fee in the amount of $2,790.74 to Jack R. Jones & Associate for services on Fair Ground Multi-Purpose Building was approved.
Expenses of 4-H delegates and leader in the sum of $150.00 were approved to attend State Congress in Gainesville on August 5-9.
Request form the Tax Assessor for $20,000.00 advance on commissions on the 1968 tax roll was approved on motion of Commr. Cowart, seconded by Commr. Theus, and carried.
On motion of Commr. Theus, seconded by Commr. Cowart, and carried, the Board approved payment of $55.00 to Dorothy Woodford to compile list of license plates by owners for use by Highway Patrol.
On motion of Commr. Theus, seconded by Commr. Dykes, and carried, the following vouchers were approved for payment:
General Fund 1702-1915
Mosquito Control – State II 72
Fine & Forfeiture 155- 173
Road & Bridge 622- 697
Northeast Lake County Amb. 12
Northwest Lake County Amb. 12
Accounts – refused
Request form County Prosecutor, L. R. Huffstetler, Jr., for expenses to attend Governor’s Conference on Crime and Delinquency in Miami, July 17 and 18 was denied on motion of Commr. Dykes, seconded by Commr. Theus, and carried.
Application for payment form The graves Co. of Kissimmee, Inc. for work completed on the Motor Vehicle Inspection Stations in the sum of $11,220.30 was submitted. Completion date of the contract was discussed causing the opening of the stations to be delayed for approximately one month. Atty. Duncan advised the Board has the right to institute action to recover loss in salaries and revenue from the inspections. On motion of Commr. Theus, seconded by Commr. Windram, and carried, payment of $8,000.00 was authorized, leaving a sufficient balance to cover damages to the County.
Cancellation of warrants
The Clerk was authorized to cancel General fund warrant No. 2038 dated January 10, 1968, payable to Melody Manor in the amount of $58.00 for Minnie Clark.
Letter from I. H. Eastman of Orlando was read and the Clerk was instructed to advise Mr. Eastman the law does not permit the County to make loans to private citizens for land improvements.
The following monthly reports were filed:
County Agents and Assistants
Florida Division of Corrections regarding Lake County Jail & Stockdale
Report of the Governor’s Conference on Environmental Quality in Florida;
Report of the National Advisory Council on Economic Opportunity.
On motion of Commr. Dykes, seconded by Commr. Cowart, and carried, minutes for the June meetings were approved.
There being no further business to bring before the Board, the meeting adjourned at 2:45 o’clock P.M.