MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
tuesday – november 16, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room in the Courthouse, Tavares, Florida, on Tuesday, November 16, 1971, at 9:00 o’clock a.m. with the following members present: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems; and Kenneth VanAuken. Others present were Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; J. C. Watkins, County Planner; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman, and Mr. Deems gave the invocation; after which the Pledge of Allegiance to the Flag was recited.
COUNTY JUDGE
County Judge L. R. Huffstetler, Jr., appeared and presented check in the amount of $120.00 which a defendant in a breaking and entering case had been ordered by the County Court to pay into the Fine and Forfeiture Fund and which the Clerk to the Board has refused to accept. Mr. Owens explained that fines from the Circuit Court paid to the Clerk of the Circuit Court and the County Court has its own clerk, who should deposit the check to the County Judge’s account. Judge Huffstetler advised this is not a fine but repayment of court costs to the County. Attorney Ford said Chapter 142.01, Florida Statutes, provides for the Fine and Forfeiture Fund and it is the duty of the Finance Officer of the County to provide a procedure for depositing the funds and it is his opinion that the Clerk should accept the funds from the County Judge’s Court and deposit same.
On motion of Commr. Windram seconded by Commr. Deems and carried, the Clerk was directed to accept funds ordered by the County Judge’s Court as repayment of court costs and deposit same to the Fine and Forfeiture Fund.
planning and zoning
Mr. J. B. Woods representing Aldersgate Corporation appeared and objected to the stipulation in Conditional Use Permit 314-2 requiring a performance bond, explaining that the contractors are bonded to them and feel this is a dual bond requirement. Mr. Ford said the bonds could be written in order to protect the County as well as the developers. Mr. Woods said the development is not a subdivision but a retirement center and will build on a phase basis and the roads will not be dedicated to the County. Mr. Harpster said he is not aware of the developers’ plans for roads. On recommendation of the County attorney, that the bond will be required unless written on a joint basis, Mr. Woods was instructed to work this out with the Planning Director.
bids
It now being the time advertised to receive bids for resurfacing streets in Lake Harris Shores Subdivision, the Chairman instructed the Clerk to open and tabulate the bids, whereupon, Clerk Owens reported receiving bids from the following:
Basic Asphalt Corporation
Carroll Contracting Corporation
Leecon, Inc.
Orlando Paving Company
On motion of Commr. Carson seconded by Commr. Windram and carried, the bids were referred to the Engineer for study and recommendation.
Later in the day the Engineer recommended that the bid from Carroll Contracting Company at a unit price of 73¢ per square yard, plus lump sum price of $500.00 for testing, be accepted and same was approved as the lowest and best bid on motion of Commr. Deems seconded by Commr. Windram and carried, bid of Eustis Dodge, Inc. to furnish two (2) new 1972 dump trucks at a net cost of $4,488.02 each was accepted as the lowest and best bid.
planning and zoning
It being time for consideration of amendments to the Zoning Rules and Regulations, letters from the following were read and filed:
L. A. Grimes Agency Realtors, Winter Garden
Alfred H. Equi, Leesburg
Albert C. Griffin and Glenn Bullington, Winter Garden
Florida Sign Association, Orlando
Mrs. Nancy A. Penn
Steve Vaughn appeared and reported on a study he made on mobile homes in the County, adding that the rural mobile home owner does not carry his tax burden and of County residences 30.8% are mobile homes. Mr. Vaughn recommended that the Zoning Regulations require that mobile homes in rural areas be placed on 5-acre tracts and not allow the one acre lots. Mr. Vaughn also recommended that a committee be appointed to check out the tax basis as reported by him.
On motion of Commr. Carson seconded by Commr. VanAuken and carried, the proposed Zoning Regulations dated October 12, 1971, as amended, were unanimously adopted.
state agencies
Phil Edwards appeared concerning a letter from the Game and Fresh Water Fish Commission relative to the liberalization of wire traps and hoop nets in the St. Johns River for commercial fishermen. The letter states the Game and Fresh Water Fish Commission sees no reason from a biological standpoint why the request with certain modifications should not be granted. On motion of Commr. Deems seconded by Commr. Windram and carried, Mr. Edwards was instructed to notify the Game and Fresh Water Fish Commission that the Board feels the Game and Fresh Water Fish Commission should govern utilization of our natural resources and would like a review of the final recommendations before being adopted as a regulation.
road closings
Mort Aulls, Attorney, appeared and presented petition to close a road in Mountview Subdivision, petitioner being John J. Matsche. Mr. Watkins said he has reviewed the location and recommended that the Board accept the petition. On motion of Commr. Windram seconded by Commr. Deems and carried, the petition to close the following described road was accepted and a public hearing was authorized to be held December 14, 1971:
All of that portion of Palmer Avenue and Highview Avenue lying between Lake Drive and Eastview Avenue;
All of Eastview Avenue;
All of Lake Drive.
All of the above description being according to that plat described as Mountainview Subdivision, which plat is filed and recorded in the Public Records of Lake County, Florida, in Plat Book 5, page 44, Public Records of Lake County, Florida.
That certain dedicated street described as follows:
33 feet on all sides of the following described tract of land: Commencing at a point 24 chains East and 10 chains North of the quarter section corner on the West boundary of Section 19, in Township 19 South, Range 27 East, thence East 13 chains, thence South 7 chains and 50 links, thence West 13 chains, thence North 7 chains and 50 links, to point of beginning. Less and except that portion of the aforesaid described dedicated street, lying within U.S. Highway No. 441.
recess and reassembly
The meeting recessed for lunch at 12:15 o’clock p.m. and reconvened at 1:30 o’clock p.m. to take up the remaining items of business.
ordinances
It now being the time advertised to consider a proposed Ordinance setting forth Zoning Regulations for Lake County, Commr. Carson moved that the Ordinance be placed on first reading by title only, said title being as follows:
ARTICLE 1
TITLE AND JURISDICTION
This Ordinance shall be known as the Zoning Regulations of Lake County, Florida, and shall apply to all unincorporated areas of Lake County. The Regulations herein established shall be construed to be minimum requirements; these regulations may also apply to any municipality in Lake County that elects to use them.
ARTICLE II
ENACTMENT AND AUTHORITY
The Board of County Commissioners of Lake County, Florida, pursuant to authority granted under Chapters 57-1486, 61-2374 and 65-1783, Special Acts, State of Florida, and Chapter 59-578, Florida Statutes and the Constitutional Laws of the State of Florida, ordain that the following articles and sections and appendices be, and the same is, hereby adopted.
ARTICLE III
PURPOSE AND INTENT
It is the purpose of these regulations to promote, protect and improve the public health, safety, comfort, convenience, prosperity and general welfare of the citizens of Lake County, Florida; similarly it is the intent of the regulations to establish standards of development which will encourage the sound economic utilization of the land and the creation of a healthful living environment.
The motion was seconded by Commr. Deems and carried.
On motion of Commr. Carson seconded by Commr. Windram and carried, the Zoning Ordinance was approved on first reading with the following amendments:
The following zoning cases will be honored under the present Zoning Regulations if plans for the developments are submitted within 90 days:
Conditional Use Permit 290-5
Conditional Use Permit 255-3
Zoning Case #40-71-5
Certain locations developing as a mixture of mobile home and home sites, will continue to be honored as building sites for either type of development (See list of named developments on file) said list beginning with Astor First Addition and ending with Tree Top Subdivision, consisting of a total of 64 developments.
inventory
Robert Stroud appeared with reference to needed equipment and office space for the Youth Service Bureau and Mr. Watkins was instructed to inventory the items in the Juvenile Court Office before the change and report on the needs of Mr. Stroud and Mr. Gravelee.
planning and zoning
It now being the time to hold a public hearing on zoning reclassifications on recommendation of the Planning and Zoning Commission and on motion of Commr. Carson seconded by Commr. Deems and carried, a Resolution was adopted that the Zoning Rules and Regulations be altered and amended as they pertain to the following described tracts of land to the classification designated after each description:
Public Hearing 69-71-1
Legal Description:
Sec. 25, Twp. 18S., Rge. 24E; the West 125 feet of the East 1080 feet of the South 300 feet of Government Lot 10, less the right of way for a road along the south line thereof.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to R-3 (Mobile Home Park/Subdivision).
Public Hearing 78-71-1
Legal Description:
Sec. 24, Twp. 18, Rge. 24; Lot 25 in Bert’s Subdivision; First Addition.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) to R-3 (Mobile Home Park/Subdivision).
Public Hearing 79-71-1
Legal Description:
Sec. 14, Twp. 18, Rge. 24; Lots 8 thru 35 inclusive in Block 13; Lots 1 thru 23 inclusive in Block 1.
Sec. 11, Twp. 18, Rge. 24. Lots 24 thru 31 inclusive in Block 43; Lots 10 thru 15; Lots 21 thru 28 inclusive in Block 26; Lots 3, 4, 5 in Block 25; Lots 1 thru 7 and Lots 36 thru 40 inclusive in Block 13.
Change in Zoning Classification: The Zoning Classification was R-1A and is hereby changed to R-2.
Sec. 14, Twp. 18 Rge. 24. Lots 2 thru 12 inclusive in Block 2; Lots 8, 9, 10 in Block 3.
Change in Zoning Classification. The Zoning Classification was R-1A and is hereby changed to C-1.
Public Hearing 84-71-1
Legal Description:
Sec. 24, Twp. 18S., Rge. 24E. From the SW corner of Government Lot 13, run South 89° 57’10” E along the South line of said Govt. Lot 13 at a distance of 1124 feet, thence run North 19° 20’50” West 277.17 feet; thence run North 89° 56’ West and parallel with the North line of the South ½ of the said Govt. Lot 13 a distance of 10 feet for a P.O.B., run thence North 89° 56’ West and parallel with the North line of the S ½ of the said Govt. Lot 13 a distance of 90’, thence run North 37° 01’ East 120 feet more or less, to the canal; thence run in an Easterly direction along and with the waters of the canal to a point that is North 18° 54’ East of the P.O.B.; thence run S 18° 54’ W 95 ft., more or less to the P.O.B.
Change in Zoning Classification: The Zoning Classification was R-1A (Rural Residential) and is hereby changed to R-3 (Mobile Home Park/Subdivision).
Public Hearing 80-71-4
Legal Description:
Sec. 25, Twp. 19S., Rge. 27E; Begin at the NE corner of the NE ¼ of the SE 1/4 , run thence South 89 feet, thence West 228 feet, thence North 89 feet, thence East 228 feet, to the P.O.B., less right of way for streets on the North and East sides, said parcel of land being a part of Block one (1) according to the Plat of Sorrento, filed 1 February 1895, and recorded in Plat Book 1, page 58 and designated as Main Division of Sorrento on Plat recorded in Plat Book 1, page 32 without filing date, on the Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to C-1 (Rural & Tourist Commercial).
Public Hearing 81-71-2
Legal Description:
Sec. 22, Twp. 22S, Rge. 24E. SE ¼ of the NE ¼ of the SE ¼ East of Road.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to R-3 (Mobile Home Park/Subdivision).
Public Hearing 85-71-2
Legal Description:
Sec. 18, Twp. 21, Rge. 25E; The North ½ of the NE ¼ of the NW ¼ of the NW ¼ lying East of SR 27.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to C-1 (rural & Tourist Commercial).
Public Hearing 86-71-5
Legal Description:
Sec. 6, Twp. 19S, Rge. 26E. Government Lot 7.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) to R-3 (Mobile Home Park/Subdivision).
Public Hearing 82-71-3
Legal Description:
Sec. 27, Twp. 19S, Rge. 26E. The West 175 feet of that part of Lot 9 of the plat of land of James M. Conner, according to the plat thereof, recorded in Plat Book 1, page 32, Public Records of Lake County, Florida, lying South of the Southerly line of the right of way of U.S. Highway 441, AND
Sec. 27, Twp. 19S, Rge. 26E. The West 175 feet of Lot “A” in a map of the lands of the Virginia Land Corporation, a subdivision of Lake County, Florida, according to the Plat thereof, recorded in Plat Book 2, page 29, Public Records of Lake County, Florida, AND
Sec. 28, Twp. 19S, Rge. 26E. That part of Lot 23 of S.B. Hewitt’s Land, according to the Plat thereof recorded in Plat Book 1, page 52, Public Records of Lake County, Florida, and that part of Govt. Lots 5 and 6 of said section bounded and described as follows: From the most northerly corner of said Govt. Lot 6, run South 32° 10’ West along the Easterly line of said Lot 6 a distance of 35.66 feet, more or less, to a point on the Southerly line of right of way of Old U.S. Highway No. 441, thence run North 85° 43’ West along the Southerly line of said right of way 19.07 feet for a Point of Beginning; run thence South 15° 57’ West 457 feet to a point on the Northerly line of right of way of Atlantic Coast Line Railroad, thence run North 87° 17’ East along the Northerly line of said right of way 391.96 feet to the Southeast corner of said Govt. Lot 5, thence run North 0° 08’ West along the East line of said Govt. Lot 5 to the Southerly line of the right of way of Old U.S. Highway No. 441, thence run Westerly along the Southerly line of said right of way to the point of beginning. LESS AND EXCEPT:
From the most Northerly corner of Government Lot 5 run South 0° 08’ East along the Easterly line of Government Lot 5 a distance of 247.72’ to a point on the Southerly line of the R/W of Old U.S. Highway 441 (Old State Road No. 19) for a point of beginning; run thence South 82 04’ East 75.77 feet; thence run South 0° 08’ East 150 feet; thence North 89° 58’ West 150 feet; thence North 0°08’ West to the Southerly line of the R/W of Old U.S. Highway No. 441 (Old State Road No. 19); thence South 83° 50’ East along the Southerly line of the R/W of Old U.S. Highway No. 441 (Old State Road No. 19) to a point of beginning. Said property being located in Section 27, Township 19 South, Range 26 East and Section 28, Township 19 South, Range 26 East, Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was C-3 (Urban Commercial-Small Industry) & R-1A (Rural Residential) and is hereby changed to R-3 (Mobile Home Park/Subdivision).
Public Hearing 61-71-1
Legal Description:
Sec. 21, Twp. 19S., Rge. 24E; Beginning at SW corner of Section, run E 1518 ft. N 660 Ft., W 198 Ft., N 330 Ft., W 1320 Ft., S 84.5 ft., E. 210 Ft., S 277.5 ft., W 210 ft., S 630 ft., to POB, Less Road R/W.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to A (Agriculture).
Included in the above motion was approval of the following Conditional Use Permits:
Nos. 339-1
338-3
340-3
Zoning Case No. 69-71-1 was called for hearing and the Chairman called for interested parties to be heard.
Norman Cummins, Attorney, representing the applicant appeared in support of the rezoning. W. E. Dyke appeared and objected to the rezoning.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the Board approved the rezoning from R-1A (Rural Residential) to R-3 (Mobile Home Park/Subdivision).
Zoning Case No. 83-71-5 was called for hearing and the Chairman called for interested parties to be heard.
The following persons appeared in support of the rezoning:
Ernest Carr and son
The following persons appeared and objected to the rezoning:
Robert N. Tuller
J. O. Todd
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board accepted the recommendation of the Planning and Zoning Commission and denied the rezoning.
Zoning Violation Case No. 71-140, Albert Lucas, was declared a public nuisance on motion of Commr. Deems seconded by Commr. VanAuken and carried, and Mr. Lucas was given 30 days to clean up the area.
youth service bureau
On motion of Commr. Windram seconded by Commr. Deems and carried, Chairman Hoskinson was appointed to act as Project Chairman of the Youth Service Bureau, and a Resolution was adopted authorizing Robert S. Stroud, Planner-Coordinator, to file an application with the State for funds to defray the expense of the project with Lake County providing in kind contributions for one year in the amount of $18,390.
reports – Official
The Clerk presented Annual Report for the Board for the Fiscal Year 1970-1971 and same was approved on motion of Commr. VanAuken seconded by Commr. Deems and carried and authorized forwarded to the Comptroller.
ROADS – STATE
On motion of Commr. Deems seconded by Commr. Carson and carried, a Resolution was adopted approving Right of Way contract on State Road 19, Job 11100-2507 and the Chairman and Clerk were authorized to execute the same.
Chairman Hoskinson initiated a discussion relative to the Resolution authorized at the last meeting to the Department of Transportation concerning the priority given sections of State Road 50 and asked that the priority as designated by the Department of Transportation be reinstated, namely, from State Road 15 East to the Orange County Line.
A draft of the prepared Resolution was presented to the Board and on motion of Commr. Deems seconded by Commr. Windram and carried, the Board reaffirmed its opinion and directed the Clerk to forward same to the Department of Transportation in Tallahassee and Deland, the Governor and members of Legislative Delegation. Chairman Hoskinson stated he objected to the wording of the Resolution referring to the low priority of the portion of State Road 50 from State Road 25 East to the Orange County Line and voted against the motion.
Commissioner Deems submitted recommendation of the Department of Transportation for a railroad crossing signal on State Road 470 located 200 feet west of the intersection of State Roads 33, 48 and 470.
On recommendation of the Board, the Engineer was informed not to build a ramp adjoining the pavement and sidewalk at Dr. Whitney’s new office building on Old State Road 500 in Mount Dora, as this is commercial property in the City of Mount Dora.
right of way easements except roads
On motion of Commr. Deems, seconded by Commr. Windram and carried, drainage easement from Elsie Lee Commander over the following described property was accepted and ordered recorded upon the public records:
THE NORTH 35 FEET OF:
Commence at the northwest corner of the northeast quarter of the northeast quarter of Section 14, Township 20 south, Range 24 east; and being the Point of Beginning; thence run south 125 feet; thence run east to the westerly waters edge of Palatlakaha Creek; thence run northerly along said westerly waters edge of said creek 125 feet more or less to the Section line; thence run west to the Point of Beginning.
redistricting
Attorney Ford brought to the Board’s attention the requirement of redistricting the County Commission District this year and that same must be advertised. No action was taken by the Board.
suits affecting county
Attorney Ford reported that Mr. Yeager was served yesterday with injunction suit and Mr. Tuller wants the Board to enforce the court order against Silver Sand Company for encroachment on Lot 15.
courthouse
Attorney Ford reported he had been advised by Judge Hall that Mrs. Norma Hendricks had tripped and fell when stepping out of the jury box. She has been to see a doctor and does not feel she is seriously injured. He was instructed to contact Mrs. Hendricks regarding the extent of her injuries.
railroads
On motion of Commr. Carson seconded by Commr. Deems and carried, a Resolution was adopted approving agreement with Seaboard Coast Line Railroad Company covering the installation of a crossing over Atlantic Coast Line’s tracks at a point 278 feet south of Mile Post AS 807 near Okahumpka.
bonds – MISC.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, bonds for carrying firearms were approved for the following:
Edna S. Taylor
Royal R. Taylor
James C. White
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, contractors’ bonds for Certificates of Competency were approved for the following:
Renewal No. 441 – Riley E. Davis, Jr. doing business as Davis Pools, Inc.
New No. 656 – Al V. Stolte doing business as Al’s Septic Tank Service
657 – Allen M. Pyle Painting Contractor
658 – Thomas E. Booth, Jr.
659 – Dale J. Blair
660 – Carl D. Vollweiler (Painting)
661 – Marvin Tony Martin
Hartford Accident and Indemnity Company bonds on the following as Deputy Sheriff were approved on motion of Commr. VanAuken seconded by Commr. Deems and carried:
Martha M. Taylor
Kenneth C. Williams
Public Official Bond with United States Fidelity and Guaranty Company on Beverly Grizzard as a Member, Northwest Lake County Hospital District was approved on motion of Commr. Deems seconded by Commr. VanAuken and carried.
licenses and permits
Use Permit No. 313 to Florida Telephone Corporation for the construction and maintenance of buried cable along County Road #3-0533 between Clermont and State Road 33 was approved on motion of Commr. Deems, seconded by Commr. Windram and carried.
hospitals
Financial Statement from Leesburg Hospital Association, Inc. for the year ending June 30, 1971, was field with the Board.
road and bridge department
On recommendation of the Chairman and on motion of Commr. Deems seconded by Commr. Carson and carried, the Road and Bridge Department was authorized to grade the access road to the Montverde dump.
On advice from Commr. Carson that South West Florida Water Management District needs sand fill at Burrell Locks, the Road and Bridge Department was authorized to allow South West Florida Water Management District to obtain the sand with its equipment, and at no charge.
communications
Notice from USDA Forest Service that the Forest Service has optioned to buy land in River Forest Subdivision which will help consolidate National Forest ownership was read and filed.
Memorandum from the State Dept. of Health and Rehabilitative Services was read and filed concerning the phasing out of the Surplus Commodity Program and the implementation of Food Stamp Program after plans are submitted to the USDA for approval.
accounts allowed
On motion of Commr. Deems seconded by Commr. Carson and carried, travel expenses were approved as follows:
W. K. Hennessey to attend Emissions Plume Evaluation School, Fort Lauderdale, November 30 – December 2
P. R. Edwards –
· Tallahassee, Nov. 18 – Meeting with State Pollution Department
· Tallahassee Nov. 19 – Meeting with Trustees of the internal Improvement Fund, in re: permits for Palatlakaha River Watershed Project.
· Atlanta, GA. Dec. 1 – Meeting with State and Federal agencies in re: Oklawaha Restoration Project
Proposal from Richard Brown to clean the carpet in the Courthouse, Annex and Engineering Building for $533.75 was approved on motion of Commr. Deems seconded by Commr. Carson and carried.
Request from the Clerk to purchase indexing equipment from Bowen Supply Company in the amount of $778.00 was approved on motion of Commr Carson seconded by Commr. Deems and carried.
On motion of Commr. Windram seconded by Commr. VanAuken and carried, the Board approved salary increases for County employees in accordance with information the County Attorney will obtain from the Office of Emergency Preparedness.
minutes
On motion of Commr. VanAuken seconded by Commr. Deems and carried, the Board approved the minutes of the following meetings:
Regular – July 12, August 10 and 17; September 14, 1971
Special – July 21 and 28; August 24; September 28, 1971
There being no further business to bring before the Board, the meeting adjourned at 5:45 o’clock p.m.
_________________________________ _____________________________
CLERK chairman