MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – APRIL 19, 1971
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Monday, April 19, 1971, at 9:00 o’clock A.M. with the following members present: Thomas J. Windram, Vice Chairman; James R. Carson, Jr.; C. A. Deems, and Kenneth VanAuken. Others in attendance were Christopher C. Ford, County Attorney; James C. Watkins, County Planning Director; Frank E. Owens, Clerk of the Circuit Court and Norma H. Coven, Deputy Clerk. James M. Hoskinson, Chairman was not present.
The meeting was called to order by the Vice Chairman, and the invocation was given by Mr. Deems, after which the Pledge of Allegiance to the Flag was recited.
COUNTY ENGINEER
Mr. Fred M. Harpster was recognized as the new County Engineer and welcomed by the Board members.
public health
Commr. VanAuken reported plans for a landfill site in the Bassville Park area have been abandoned due to adverse public opinion.
planning
Mr. Watkins informed the Board the developers of Carlton Village have asked for a permit to build a warehouse to store materials in while the project is under construction. Want it stipulated in the permit that the building will be removed upon completion of the project. On recommendation of the Board, he was instructed to handle the request as a Conditional Use Permit with a time limit and annual inspection clause.
Mr. Watkins presented for the Board’s approval recommendation of the Planning Department in notifying alleged violators of the Planning and Zoning Regulations and Ordinance 70-1.
chamber of commerce
Commr. VanAuken reported Mr. Smith has contacted Disney World with reference to the Fairgrounds being used as a center for a bus service for visitors from Lake County to the attraction.
road and bridge department
On advice from Commr. Windram that he has received cash offers for old lumber and tin sheets stacked at the District Four Barn, same was declared surplus and of no value to the County, on motion of Commr. Carson, seconded by Commr. VanAuken and carried. Mr. Windram was authorized to accept the highest offer.
mosquito control
Commr. Deems reported the Aero Mosquito Control, Inc. cannot give the Board a quotation for aerial spraying until they receive more information from the Mosquito Control Director. Mr. Deems recommended the Board consider using a helicopter.
lakes
Tom Grizzard appeared concerning denial by the Southwest Florida Water Management District to allow him a permit to rebuild old dikes that border Lake Griffin, based on a previous Resolution of the Board. On motion of Commr. Deems, seconded by Commr. Carson and carried, a Resolution was adopted approving Mr. Grizzard’s request to refurbish the existing dikes in Lake Griffin, located in Government Lot 3, Section 15, Township 19 South, Range 24 East, commonly known as the Old Floating Island Development.
Mr. Grizzard requested the Board’s consideration of establishing a bird sanctuary in Lake Griffin and invited the members to view the desired location from his boat. The members agreed to view the location after the meeting today.
roads – county
E. T. Hall appeared with reference to property owners at Villa City needing access to their property that has been erroneously removed by exchange of lands. Attorney Ford advised this is a private matter between the owners and the Board has no jurisdiction in the matter.
On motion of Commr. Deems, seconded by Commr. Carson and carried, a Resolution was adopted designating County Road No. 2-3023 as “Punkin Center Road.”
A Resolution adopted by the Oklawaha Basin Recreation and Water Conservation and Control Authority that a certain road leading to the control structure on the Palatlakaha River be designated as “Robertson Drive” and that appropriate signs be placed at the entrance of said road was read, and it was the Board’s feeling that the erection of the signs is premature.
Request from the Southwest Florida Water Management District that three roads leading into the Little Withlacoochee and Green Swamp Reservoirs remain open to the public for recreation purposes and maintained by the County, was referred to the Engineer.
roads – state
Clerk Owens presented a letter from the Department of Transportation requesting the Board’s endorsement of corridor location of the proposed project of State Road 44 from West of SR 44-A, East to SR 25, approximately 1.1 miles. Same was referred to the Engineer.
On request of E. T. Hall, the Attorney was instructed to notify the Department of Transportation the Board is considering an Ordinance requiring the Department to file a certified “as built right of way map” on all completed road projects, and requiring the Department to replace all corner markers disturbed during road construction.
water pollution
Philip R. Edwards, Pollution Control Officer, appeared and informed the Board hyacinths are streaming through the Beauclair Canal due to the draw-down of Lake Apopka. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Attorney was directed to immediately notify Southwest Florida Water Management District that the restoration project be stopped until such time as the water in Dead River ceases to flow backwards from Lake Eustis to Lake Harris.
On motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the Attorney was instructed to prepare an injunction suit against the District to stop the flow of hyacinths into the Lake County lakes. Mr. Edwards was requested to watch the situation and notify the Attorney if the hyacinths are not stopped today.
CIVIL DEFENSE
Commr. Deems informed the Board Lake County is the only Central Florida County that has not signed the Mutual Aid Agreement. On advice from the Attorney that the agreement is too broad and too encompassing on the County’s property, the Board authorized the Attorney to redraft the agreement.
bonds – miscellaneous
Contractors’ Bonds for Certificates of Competency were approved on motion of Commr. Carson, seconded by Commr. Deems and carried as follows:
No. 583 – S. J. Salmon
584 – Bernard Duncan d/b/a Dulando Screen and Awning Co., Inc.
Bond for Carrying Firearm for Nancy Marchbanks was approved on motion of Commr. Carson, seconded by Commr. Deems and carried.
hospitals
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved the action of the Chairman and Clerk in approving petition to the W. T. Edwards Tuberculosis Hospital for Robert Virgil Scott.
inventory
On motion of Commr. Carson, seconded by Commr. Deems and carried, the following items located at the Lake Memorial Nursing Home were declared surplus and of no value and removed from the Inventory:
Property No. 1361 – Osterizer
1894 – Refrigerator
3114 – Eskimo Electric Fan
3122 – Lawn Mower
licenses and permits
On motion of Commr. Carson, seconded by Commr. Deems and carried, Use Permits as filed by the Road Superintendent were approved as follows:
No. 269 – To Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Rd. #2-1523 between SR 50 and Stewart Lake.
No. 270 – To Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Rd. #2-1523 between SR S565A and SR 50.
No. 271 – To Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Rd. #2-1422 between County Rd. #2-1622 and SR 33.
No. 272 – To Florida Telephone Corp. for the construction and maintenance of buried and aerial cable paralleling and crossing a portion of County Rd. #2-1420 between end of road and SR 50.
No. 273 – To Florida Telephone Corp. for the construction and maintenance of buried cable paralleling a portion of County Rd. #2-1622 between SR 50 and SR S565A.
resolutions not classified elsewhere
A Resolution adopted by the Planning and Zoning Commission expressing sympathy in the death of R. E. Nash was read and filed.
Citizens’ Resolutions of support in the Board’s efforts to prevent additional pollution to the lakes and streams by adopting and enforcing Ordinance 1971-1 were filed.
RECESS AND REASSEMBLY
The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
The Chairman, J. M. Hoskinson, was present at 2:00 o’clock P.M.
maps and plats
Attorney John McCormick and Gordon Roepke appeared and presented Plat of Forest Lakes and Hills, which has been approved by the Planning and Zoning Commission subject to approval by the County Engineer and escrow agreement with the Board for road improvements. The County Engineer, Planning Director and County Attorney were instructed to make recommendations to the Board concerning the Agreement. On motion of Commr. Carson seconded by Commr. Deems and carried, the recommendations of the Planning and Zoning Commission concerning the Plat were upheld.
planning and zoning
On recommendation of the Planning and Zoning Commission and on motion of Commr. Windram, seconded by Commr. Carson and carried, a Resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land, to the classification designated after each description:
The East ½ of the East ¼ of the Northwest ¼, in Section 34, Township 18 S., Range 24 E., now classified and zoned as R-1A (Residential) and the same is hereby amended, changed and rezoned to A (Agriculture).
Tract #61 Postal Colony in Section 33, Township 22 S., Range 26 E., now classified and zoned as R-1 (residential) and the same is hereby amended, changed and rezoned to A (Agriculture).
Section 26, Township 19 S. Range 26 E. Begin 990 ft. North of the Southwest corner of Govt. Lot 8, run East 200 ft., South 200 ft., East 492 ft., North 362 ft., West 200 ft., North to railroad right of way, Southwesterly along the railroad right of way to West line of Govt. Lot 8, thence South to POB, now classified and zoned C-3 (Light Industrial)and R-1A (Residential) and the same is hereby amended, changed and rezoned to M-1 (Industrial).
The South ½ of Lots 17 and 18 in Section 7, according to the Plat of Manhattan Grant, recorded in Plat Book 2, Page 13, Public Records of Lake County, Florida, less and except the West 240 feet thereof and subject to railroad right of way in Section 7, Township 15 S., Range 27 E., now classified and zoned A (Agriculture) and the same is hereby amended, changed and rezoned to R-3 (Mobile Home Park-Sub).
Also, approved in the above motion were Conditional Use Permits Nos. 243-2, 244-5, 245-3, 247-5, 248-2, 249-5, 250-3, 252-2.
Rezoning Case No. 7-71-4 was called for hearing and the Chairman called for interested persons to be heard.
A. A. Peterson, the applicant-owner appeared.
On motion of Commr. Carson, seconded by Commr. Deems and carried the recommendation of the Planning and Zoning Commission for denial was upheld.
Rezoning Case No. 9-71-4 was called for hearing and the Chairman called for interested persons to be heard.
The following persons appeared opposing the Permit:
Eula R. High
Donald Barton
The following persons appeared in support of the Permit:
John Dewey
Melvin Huff
On motion of Commr. VanAuken, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Commission for denial was upheld.
Rezoning Case No. 12-71-1 was called for hearing and the Chairman called for interested persons to be heard.
Jack Trooper, applicant, appeared in support of the rezoning.
planning and zoning
On motion of Commr. Deems, seconded by Commr. Windram and carried, the recommendation of the Planning and Zoning Commission for denial without prejudice was upheld.
Rezoning Case No. 13-71-1 was called for hearing and the Chairman called for interested persons to be heard.
The following persons appeared in support of the rezoning:
John I. Merritt, applicant
James O. Chambers, owner
Letter from the Pollution Control Board recommending that the rezoning be denied was read and filed.
On motion of Commr. Carson, seconded by Commr. Deems and carried the recommendation of the Planning and Zoning Commission for denial was upheld.
Letter from the Pollution Control Board recommending that the rezoning be denied was read and filed.
On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the recommendation of the Planning and Zoning Commission for denial was upheld.
Rezoning Case No. 78-70-5 postponed from January 25, 1971 and hearing today readvertised, the Chairman called for interested persons to be heard.
No one appeared and letter dated February 10, 1971 from the Pollution Control Board recommending denial was read and filed.
On motion of Commr. Carson seconded by Commr. Deems and carried, the recommendation of the Planning and Zoning Commission for denial was upheld.
On motion of Commr. Carson, seconded by Commr. Deems and carried, a public hearing was authorized to consider Conditional Use Permit No. 180-5 (Goose Prairie) on May 10, 1971 at 3:30 pm.
prisoners
Road and Bridge equipment and the prison road crew were authorized to clean up the area adjacent to the Sunrise Work Shop, on motion of Commr. Windram, seconded by Commr. Deems and carried.
communications
Road and Bridge equipment and the prison road crew were authorized to clean up the area adjacent to the Sunrise Work Shop, on motion of Commr. Windram, seconded by Commr. Deems and carried.
A letter from State Representative Vernon C. Holloway was filed stating that poor representation at the meeting of the Mass Transportation Subcommittee with County Commissioners in the East Central Florida Region does not warrant another meeting unless the local leaders request same.
Notice from the State Department of Air and Water Pollution Control of a meeting in Tampa on May 3, 1971 to consider the Proposed Rules on Open Burning Regulation was referred to the Pollution Control Officer and the Planning Director.
Notice from the Corps of Engineers that temporary silt barriers have been constructed in the Kyle-Young Canal approximately 5.7 miles downstream of the Moss Bluff Lock and Dam and will remain in place until September 30, 1971.
reports
Report showing cigarette tax collections and distributions for the month of February was filed.
accounts allowed
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved an expenditure of $100.00 to purchase paint to be applied to the inside walls of the Juvenile Shelter. Prison labor will be used for the painting.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Board approved an expenditure of $700.00 to improve the Courthouse disposal plant system.
The Pollution Control Officer was authorized to lease a rental car from Polk Buick-Rambler at $6.50 per day plus 5¢ a mile until his car is delivered, on motion of Commr. Carson, seconded by Commr. Deems and carried.
On motion of Commr. Carson, seconded by Commr. Deems and carried, Medicaid statements for January and February in the amounts of $8,737.15 and $9,679.63 were approved.
Travel request from Paul Milton and Philip Yoder to attend Florida Anti-Mosquito Assn. meeting in Redington Beach, April 25–28, 1971, was approved on motion of Commr. Deems, seconded by Commr. VanAuken and carried.
Travel expense for Mary Hamner to attend program at St. Petersburg Junior College to prepare for examination for Nursing Home Administrator on May 9-13, was approved on motion of Commr. Deems, seconded by Commr. Carson and carried.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board approved travel for Philip Edwards as follows:
April 14-15 to Tallahassee – State Dept. of Air and Water Pollution
May 3 to Tampa on Proposed Rules on Open Burning Regulations
Necessary travel in April and May to surrounding counties to discuss Lake County’s Ordinance 71-1.
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board approved the purchase of IBM Standard Typewriter in the amount of $459.00, and secretarial desk, chair and legal file in the sum of $500.00, to be used by the secretary to Circuit Judge Mills.
funds – transfers
On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the transfer of $1,000.00 in the General Revenue Fund from Account #67645, Contract Services, to Account #67613, Office Supplies.
There being no further business to bring before the Board, the meeting adjourned at 4:00 o’clock P.M.
_________________________________ _____________________________
CLERK chairman