MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
august 12, 1968
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, August 12, 1968, at 10:00 o’clock A.M.
The meeting was called to order by the Chairman 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, Engineer Hays and Deputy Clerk Norma Coven.
The invocation was given by Mr. Hays.
On motion of Commissioner Cowart, seconded by Commissioner Windram and carried, the following changes were approved to the present indigent list:
District No. 2 - ADD James A. Hall $58.00
District No. 4 - ADD Elma Schrotz 30.00
District No. 1, 3, 5 - No change
Curtis Kinney of True-Temp, Inc. appeared with reference to the roof on the Agriculture Building. On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, Mr. Kinney was instructed to submit a proposal to repair the roof.
Jimmy King of Jack Jones office was present with reference to the duct system in the Chamber of Commerce Building. Mr. King advised the present system is not adequate to take care of the necessary air to cool the building. On the recommendation of Mr. King and Mr. Kinney, the Board authorized bids for a unit to handle the first floor of the building and agreed to use a 5-ton unit removed from the Juvenile Shelter on the second floor of the Chamber of Commerce Building. Mr. Kinney advised the 5-ton unit will need a new blower and insulation.
Roads – state
Sidney Everett representing the City of Eustis appeared and advised the City has been informed by the State Road Department that the widening of SR #44 from the East limits West to SR #19 was not included in the County’s road budget for 1968-69. The Attorney advised Mr. Everett this item was No. 6 on the Primary road requests.
Clerk Owens presented resolution adopted by the City of Eustis relative to the widening of Grove Street (Northbound land of SR19) South to the Interchange with SR 500. Mr. Everett stated the City is more interested in the narrow six blocks from Orange Avenue South to Badger Avenue. The Board members concurring, the Chairman advised Lake County will participate with the State Road Department and the City in widening the right of way.
Notice from the State Road Department that bids on Job No. 11506-3604, Kurt Street in Eustis, will be received in Orlando, Florida, on August 29, was read and filed.
On request from Mr. Everett, the Chairman appointed Commissioner Windram and Gordon Hays to work with the City of Eustis on the water and sewage problem on the new fairground site.
Mr. G. W. Anderson of Mt. Plymouth appeared and requested improvements to road in the Mt. Plymouth area. Commissioner Windram advised he has viewed the roads with the Engineer and has explained to Mr. Anderson why the County cannot improve the roads.
On motion of Commissioner Cowart, seconded by Commissioner Dykes and carried, the Clerk was directed to contract the Sheriff with reference to supplying an additional trustee to work in the Commodity Warehouse.
Clerk Owens presented letter from the Department of Housing and Urban Development replying to the Board’s request for information as to how to proceed with the initiation of a county-wide water and sanitary sewage collection program. The letter suggests that the Board work through the East Central Florida Regional Council in the preparation of the water and sewer planning program.
Attorney Duncan advised Mr. Jenson was agreeable to the changes in the proposed contract between Gee & Jenson and the County – namely, the method of payment and that no expense will be incurred until we are satisfied we will receive assistance from the Federal Government. On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, the form agreement was approved, including the above changes, and the Attorney was instructed to request Gee & Jenson to contact the East Central Florida Regional Council for assistance with the initial program.
Roads – county
Engineer Hays reported the property owners on the Eustis Sand Company road from SR 44 North to the sand company are complaining that they do not have access to their properties. Mr. H. E. Gaylord is preparing deeds increasing the length of the road and additional right of way is needed. Mr. Hays was instructed to find out from the owners why they need the road and what their future plans are.
The Engineer reported 200’ of pipe is required to correct a drainage problem at the Rainbow Ridge intersection of County Club Road and East Crooked Drive. On motion of Commissioner Windram, seconded by Commissioner Dykes and carried, this project was approved.
On recommendation of the Engineer and on motion of Commissioner Theus, seconded by Commissioner Dykes and carried, a resolution adopted prohibiting the dumping of garbage, refuse and debris on county Road No. 1-4523, known as “Sleepy Hollow Road”, and that appropriate signs shall be erected.
Right of way easements
Engineer Hays advised since the telephone company installed new poles along County road No. 4-4581 (Old Eustis-Mount Dora Road), two property owners want to give an easement for a drainage ditch from the road to the lake, approximately 150 feet. On motion of Commissioner Windram, seconded by Commissioner Cowart and carried, the Engineer was instructed to secure the easements and install the necessary culvert.
Road maintenance – subdivisions
Commissioner Windram informed the Board the residents of the Rainbow Ridge area are complaining of the condition of the roads. He has explained they are private subdivision roads and the steps necessary for the County to handle the work at the expense of the property owner. Attorney Duncan advised the owners can deposit the money in an escrow account with the County, and the County may withdraw same as they work is completed.
Clerk Owens reported $21.03 is already on deposit in the Clerk’s office from the property owners to pay costs of improvement to the unpaved portion of County road No. 3-4140. Mr. Pettyjohn has promised to come and pay his share. On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, the Clerk was authorized to advertise for bids and to request Mr. West to pay Mr. Given’s share.
Recess & reassembly
The meeting recessed for lunch at 11:45 o’clock A.M. and reconvened at 1:15 P.M. to take up the remaining items of business.
Attorney Duncan presented correct right-of-way deeds conveying right-of-way on the Lake Louisa Road, and same were accepted on motion of Commissioner Dykes, seconded by Commissioner Theus and carried, and ordered recorded upon the public records. The Clerk was instructed to issue warrant in payment of attorney’s fee in the amount of $100.00 to Kirkland, Johnson & Blalock.
GRANTORS: Orlando Groves, Inc. – O.R. Book Page
Industrial Corp. of Ohio – O.R. Book Page
Road & Bridge
Engineer Hays advised the bridge inspection program required by the Federal Government can be handled locally with the exception of the design capacity and traffic count. The Engineer was directed to notify the proper agency of this.
The Engineer was instructed to notify Fred W. Baxter the County wants to replace the bridge on his property at Silver Lake with a culvert.
W. H. Reedy was present and introduced Mr. Vincent Patton, Director of the State Pollution Control Board. Mr. Patton recommended that the Lake County Pollution Board operate separately and independently of the Orange County Board.
Clerk Owens submitted letter from C.W. Sheffield recommending that certain laboratory equipment be purchased for the Lake County Pollution Board. On approval of the Lake County Pollution Board, purchase of the equipment was authorized on motion of Commissioner Windram, seconded by Commissioner Dykes and carried.
On recommendation of the Planning and Zoning Commission and on motion of Commissioner Dykes, seconded by Commissioner Theus and carried, a resolution was adopted amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the classification designated after each description:
1. Begin at the NW corner of SW¼ of NW¼ of Sec. 24, Tp. 19 S.R. 25 E.; run thence East 440 feet to East boundary of Haines Creek Road; run thence South 2,263 feet along East boundary of Haines Creek Road; run thence East 150 feet for a point of beginning. From said point of beginning, run thence South 200 fee; run thence West 50 feet; run thence South 200 feet more or less to intersect North boundary line of U.S. Highway 441; Begin again at Point of Beginning; run thence East 90 feet; run thence South 410 feet more or less to intersect North boundary line of U.S. Highway 441; run thence Northwesterly 150 feet more or less along said Highway to intersect West line above described;
now classified and zoned as C-1 (Commercial) and R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-2 (Commercial).
2. All lying and being in Sec. 28, Tp. 19 S.R. 28 E.: That portion of the NE¼ lying South of right of way of S.R. 46; The N½ of SE¼; the South 1/2 of SE¼; less and except: beginning at the Southwest corner of the NE¼ of said section, run South along the West line of the E½ of said section a distance of 422.57 feet; thence East 1366.70 feet; thence North parallel to the West line of the E½ of said section a distance of 1366.70 feet; thence West 896.96 feet; thence North parallel to the West line of the E½ of said section a distance of 660.41 feet to the South right of way line of S.R. 46; thence South 89°57’ West along said right of way line 469.74 feet to the West line of the E½ of said section; thence South along the West line of the E½ of said section; thence South along the West line of the E½ of said section a distance of 1604.13 feet to Point of Beginning;
ALSO: All lying and being in Sec. 33, Tp. 19 S.R. 28 E.: The N½ of the NE¼; The South 156 feet of the N½ of NW¼; South 3/4 of section;
now classified and zoned as R-1A (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).
Mr. Fred Kramer filed a resolution adopted by the Board of Zoning Appeals granting a special exception under the Zoning Regulations, Classification A, Agriculture and Rural Enterprises, Section III, Paragraph 12, Sub-paragraph B, to permit an agricultural labor camp. (Appeal Case #5-68)
Attorney Duncan submitted memorandum with reference to notices in the changing of zoning regulations. The act has been reviewed and changes to the notice by the Planning & Zoning Commission recommended to prevent any objection to the manner of giving notice. The recommendation is that the one notice the Planning & Zoning Commission advertises, that the hearing before the board of County Commissioners be incorporated in the one notice.
Licenses and permits
Request from chevron Oil Company for release of drilling and exploratory permit dated August 14, 1967, due to the fact the operations under the permit have been completed, was granted on motion of Commissioner Theus, seconded by Commissioner Windram and carried. The Engineer advised he has received copies of the test reports made by Chevron.
The following use permits were filed by the Engineer:
To the City of Tavares for the construction and maintenance of water line along County Road No. 3-4353 between Dora Avenue and Old 441.
To the City of Leesburg for the construction and maintenance of electric pole line along County Road No. 1-5913 to service the Rosendale Sub. known as Highland Estates.
The State Road Department’s 1968-69 Budget and program of Work was filed and copy distributed to each Board Member.
It now being the time advertised to hold a public hearing to consider petition to close a portion of platted street in Villa City Subdivision, action was deferred and the Engineer was instructed to view this road and make recommendation to the Board.
Commissioner Windram informed the Board he has received complaints from Lake County residents of chicken farms which are locate in Orange County, and suggested that the Lake County Health Department contact the Orange County Health Department regarding this. Mr. Buford Creech appeared and complained of harrows damaging the right of way adjacent to his property in Lake Highlands Subdivision, and requested that turntable be installed and trees removed. He was advised this is a dedicated subdivision street and the County has no jurisdiction in this matter.
The report of the State Attorney on the case of Jack D. Calhoun was received and filed.
On recommendation of the Nursing Home Director and on motion of Commissioner Dykes, seconded by Commissioner Theus and carried, proposal of Herbert Sumner for repairing and painting night stands in the Nursing Home of $225.00 was approved.
On request of Mr. Kramer, expenses were approved for the Zoning Director and one member of the Planning & Zoning Commission to attend Planning Seminar in Fort Lauderdale on September 5th and 6th.
Request for payment No. 1 from the contractor, Harvey Spears, for work completed on the multi-purpose building at the Fairground in the amount of $3,393.90 was approved on motion of Commissioner Dykes, seconded by Commissioner Theus and carried.
On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, commission on taxes remitted in the mount of $2,207.42 to the Tax Collector was approved.
Reimbursement of salaries and expenses relative to the Soil Survey in the amount of $1,841.68 was approved on motion of Commissioner Theus, seconded by Commissioner Windram and carried.
On motion of Commissioner Theus, seconded by Commissioner Dykes and carried, resolutions were adopted authorizing amendments to the contract between Lake County and Lennon’s Ambulance Service and the City of Leesburg providing for payment for ambulance service for the month of October 1967.
Mr. R. L. Graves, President of Graves Company of Kissimmee, appeared with reference to final payment on the contract for the construction of the Motor vehicle Inspection Stations. Mr. Graves said he has been advised by the County Attorney the Board is withholding final payment due to completion date. The Chairman asked Mr. Duncan and Mr. Hays to discuss the matter further with Mr. Graves and make recommendation to the Board.
Later, on recommendation of the Attorney and on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, final payment in the amount of $8,995.40 was approved. Release of liens and guarantees on materials were filed.
Payment of $1,250.00 to the Lake County Chamber of Commerce was approved on motion of Commissioner Dykes, seconded by Commissioner Cowart and carried.
On motion of Commissioner Theus, seconded by Commissioner Dykes and carried, the following vouchers were approved for payment:
General Revenue - 1916 – 2143
Mosquito Control State I - 3 - 6
Mosquito Control State II - 73 - 75
Fine & Forfeiture - 174 - 199
South Lake Memorial Hospital - 7
South Lake Memorial Hospital-
Ambulance - 7
Northeast Lake County Hospital - 7
Northeast Lake County Hospital-
Ambulance - 13 - 14
Northwest Lake County Hospital - 8
Northwest Lake County Hospital-
Ambulance - 13 - 14
Clerk Owens advised the County has a number of insurance policies expiring in October and November. On motion of Commissioner Dykes, seconded by Commissioner Windram and carried, the Attorney was instructed to notify the Clerk the coverages the law requires bids on, and the Clerk was authorized to advertise same.
Salaries & wages
On recommendation of the Planning & Zoning Commission, the Board approved payment of interim salary to Julia B. Schaal through September 30, 1968.
Funds – transfers
On motion of Commissioner Windram, seconded by Commissioner Dykes and carried, the Clerk was authorized to transfer the following from the Contingency Item in the General Revenue Fund:
Account #68911 – Telephone $100.00
#68913 – Office Supplies & Expenses 500.00
#88982 – Equipment 1,000.00
#68914 – Supplies Not Otherwise
Cancellation of warrants
On motion of Commissioner Dykes, seconded by Commissioner Cowart and carried, the Clerk was authorized to cancel the following vouchers:
Road & Bridge #678 payable to H&D Auto Parts Co. – duplicate payment $6.95
Fine & Forfeiture #731 payable to Phil Altman – witness fee refused 5.24
The following reports were filed:
Home Demonstration Agent and Assistant for July
Final seine haul report from the Game and Fresh Water Fish Commission for Lakes Dora, Carlton and Beauclair for 1965 and 1967.
On motion of Commissioner Dykes, seconded by Commissioner Theus and carried, minutes of regular meetings held July 1 and July 8 and Special meetings held July 11, 24 and 25 were approved.
The business meeting recessed at 3:00 P.M. to meet with the public officials for the purpose of organizing a local committee to oppose ratification of the proposed new Constitution.
Attorney Duncan presented a letter and memorandum from George B. Stallings, Chairman of the Organization Committee to Preserve Florida’s Old Constitution after remarks by several of the officials present, Commissioner Babb was selected to serve as Chairman and to represent the County at the state meeting when called. Commissioner Theus was selected as Vice-Chairman.
There being no further business to bring before the Board, the meeting adjourned at 3:30 o’clock P.M.