MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
TUESDAY – april 18, 1972
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, April 18, 1972, at 9:00 o’clock A.M. with the following members present: Thomas J. Windram, Chairman; James R. Carson, Jr., C. A. Deems, J. M. Hoskinson and Kenneth VanAuken. Others present were County Attorney, Christopher C. Ford; County Engineer Fred M. Harpster; Planning Director, J. C. Watkins; Clerk of the Circuit Court Frank E. Owens and Deputy Clerk Norma H. Coven.
The meeting was called to order by the Chairman and the invocation was given by Mr. Deems and the Pledge of Allegiance to the Flag was recited.
courts
Circuit Court Judge John W. Booth, Chief Judge of the Fifth Judicial Circuit, was present to discuss the impact and implementation of Article V. Judge Booth said on his recommendation the Supreme Court has certified three additional Circuit Judges making a total of seven for the Circuit, two of whom must live in either Citrus, Sumter or Hernando Counties, but not in the same county. The other Judges may live anywhere in the Circuit. Judge Booth said it is his recommendation that the Judges specialize as probate, juvenile and competency; however, this has not been decided by the Judges. Judge Booth said the present four Circuit Judges will have a meeting at an early date and he will notify the Commissioners of their decisions on the implementation of the Article and the division of the caseloads.
Judge Booth further advised that HB 45 increases jurors pay from $5.00 to $10.00 per day and the mileage from 5¢ to 10¢ each way each day.
suits affecting county
Clerk Owens submitted a letter from Cecil C. Theus, former Board member, that it is his recollection and understanding at the time of the settlement of the Smeltekopf suit that Mrs. Smeltekopf was to be paid $500.00 plus attorney’s fees. On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the Attorney was instructed to prepare the Order to settle Chancery Case No. 19,282 to pay Christine Marie Smeltekopf $500.00 plus Attorney’s fee of $100.00.
inventory
On motion of Commr. Carson, seconded by Commr. Hoskinson, and carried, the Board accepted a check from Fla. Fish-N-Fun for $500.00 in payment for one fish loading conveyor, which was sold to the Game & Fresh Water Fish Commission who in turn sold it to Fla. Fish-N-Fun – Property No. 5143.
complaints
The Clerk presented a letter from Sylvan Shores Assn. complaining of disturbances at the Sylvan Shores Lounge and requesting “No Parking Signs.” Same was referred to the County Attorney.
county property
Clerk Owens submitted opinion of value from Rufus Pace that the following described property has a nuisance value of $100.
Commence at the Northwest corner of Lot V, in Block 8, in the City of Tavares, as shown by sheet #10 of the supplemental plat of Sections 29 and 32, Official Plat of the Surveys of said Sections, in Township 19 South, Range 26 East, of the Tallahassee Meridian and run thence South approximately 13 feet to the old meander line as set forth on said plat, thence run North of East to intersect the North line of said Lot V at approximately the Northeast corner of said Lot V, thence run West to the Northeast corner of said Lot V.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the Clerk was instructed to advertise for bids for the sale of the property with a minimum bid of $125.
bonds – misc.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, bond for carrying firearms for Roy Everett Smith was approved.
Contractors’ bonds for Certificates of Competency for the following were approved on motion of Commr. Hoskinson, seconded by Commr. Carson and carried:
No. 810 – New – M. P. Chappel (Painting)
No. 811 – New – Walter K. Hodges d/b/a Hodges & Son (Electrical)
licenses & permits
Use Permits filed by the County Engineer were approved on motion of Commr. Carson, seconded by Commr. VanAuken and carried, as follows:
No. 350 to Florida Telephone Corp. to construct and maintain buried cable along County Rd. #4-4981 between Mount Dora and Mount Plymouth
To Florida Power Corp. to construct and maintain aerial transmission line crossing County Rd. #1-4923.089 West of junction with SR 44.
electionS
Notice from Shoup Voting Machine Corp. advising the marketing and distribution of Shoup Voting Machines will be conducted by Computer Election Systems, Inc. in the future. The notice was referred to the Supervisor of Elections.
state agencies
Order from the Public Service Commission denying petition of Greyhound Lines, Inc. for reconsideration by the Commission of certificate authorizing Lake County Economic Opportunity, Inc. to operate passenger buses.
engineering department
Mr. Harpster advised the survey crew has spent two days surveying Burnham and St. Andrews Streets in Mount Plymouth. All monuments in the vicinity have been destroyed and will need to spend another week on this project. He was instructed to proceed with the work.
planning
Mr. Watkins reported he met with the Wekiva River Citizens Advisory Committee and showed slides of the development along the river in Lake County. The Board viewed the slides and discussed the advisability of a Resolution prohibiting further improvements to the area. On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, the Attorney was instructed to determine if any legislation passed effecting the Wekiva River whereby the State would take over 200 feet of the river banks for recreational purposes.
oklawaha water authority
W. F. Herlong, Jr., Chairman of the Oklawaha Water Authority Board appeared and showed the latest map of the Palatlakaha Watershed Plan. Mr. Herlong said his Board feels they finally have an acceptable plan for the improvements to the river from Lake Harris to Villa City. Instead of channelizing from M-1 to M-6 the water level will be raised two feet with three control structures. The only channelization will be under the Turnpike and at the structures. The river will be left in its natural state with no damage to the ecology and no trees will be removed. It will be necessary to ask the property owners for flowage easement and ask the Board’s cooperation in obtaining tax relief for the owners on the properties involved. He was advised to discuss this with the Tax Assessor and report back to the Board.
Later Mr. Herlong returned and said the Assessor sees no problem in allowing the tax relief to the property owners.
roads – state
On motion of Commr. Hoskinson, seconded by Commr. Deems and carried, a Resolution was adopted designating U.S. 192 in Lake County as Yellow Brick Road.
water pollution
Chairman Windram presented a letter from Orange County Commission to the State Department of Pollution Control asking for information on the latest development on the restoration of Lake Apopka.
commodity program
Chairman Windram presented a letter from the Division of Family Services advising that the commodity program will be phased out April 30, 1972, and the food stamp program implemented as of May 1, with office located at 220 South 9th Street, Leesburg.
water pollution
The Board discussed the Oklawaha River Basin Study Committee and how the program will be funded. The Chairman asked the members to study the agreement sent out by Rep. Lou Frey before the meeting in Eustis on April 21, with Rep. Frey and Chappell.
road & bridge department
The Board approved five (5) parking signs to be erected for the Soil Conservation Service at the Ag Center.
recess and reassembly
The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:30 o’clock to take up the remaining items of business.
laws & legislature
Commr. Carson voiced his objection to Senate Bill 1214 which creates a Clerk to the County Court of Lake County, saying that the Bill as passed departs so drastically from the Legislation requested and feel it is necessary for this Commission to take some action to get the Governor to veto the Bill. Have inquired and the Bill is in the Governor’s Office and he has until midnight April 20 to act on the Bill. Commr. Carson proposed a Resolution to request the Governor to veto Senate Bill 1214 as the Bill, as passed by the Legislature, contains several objectionable provisions and differs considerably from the Bill proposed by the Lake County Commission. The motion was seconded by Commr. VanAuken and carried.
Chairman Windram said he is as concerned as Commr. Carson about the Bill as passed; however, this Board did request the creation of a position of Clerk of the County Court, doing so because we felt with the new responsibilities of Article V that this might necessary. This morning the Board received a different interpretation – that the Clerk of the Circuit Court would serve as Clerk of the County Court. There are many things in the Bill I highly disapprove of. Have discussed this at length with Welborn Daniel and he would prefer that the Bill be allowed to become law and indicated changes in the Bill could be made at the next Session of the Legislature.
Rep. Jim Glisson was present and informed the Board he has called the Governor’s Office and asked that the Bill be vetoed.
Chairman Windram stated #1: The Board unanimously recommended a Bill creating a Clerk of the County Court not knowing fully how Article V would be implemented; #2: The Board in its Bill requested a salary to be set by the Legislature; #3: Feel that some of the responsibility for this action is ours for failure to closely read and examine this special act. We possibly will need a representative in Tallahassee during the next session to keep us informed. Would prefer that this Bill be altered in the next session of the Legislature.
The Chairman called for the question on the motion and the motion carried with Chairman Windram and Commr. Hoskinson opposing the motion.
The Attorney distributed copies of his research on the “Right to Run” Law and he was requested to forward copy of same to L. R. Huffstetler, Sr.
planning and zoning
It now being the time advertised to hold a public hearing on zoning reclassifications and on recommendation of the Planning and Zoning Commission, and on motion of Commr. Carson, seconded by Commr. Hoskinson and carried, a Resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land:
Sec. 20, Twp. 24S., Rge. 25E. Commence at SW corner of NE 1/4 of SE 1/4, run thence North along the West line of said NE 1/4 of SE 1/4 a distance of 660 ft. to the POB; thence continuing North along the West line of NE 1/4 of SE 1/4 of said Sec. 20, a distance of 330 ft.; thence S 89° 57’ E. a distance of 778.57 ft. to the intersection of West ROW line of State Road #33 (which was erroneously described as SR 55 in former deed); thence S 7° 15’ E. along the said W. ROW line of said SR 33 a distance of 332.70 ft.; thence N. 89° 57’ W. a distance of 820.64 ft. to the Point of Beginning.
CHANGE TO: The Zoning Classification was A (Agri.) and is hereby changed to C-1 (Rural or Tourist Commercial District).
Sec. 3, Twp. 24S, Rge. 26E S 1/2 of the NW 1/4 of the SW 1/4 AND that portion of the S. 1/2 of the SW 1/4 E. of Hwy. 27, LESS AND EXCEPT any portion lying outside of the strip of land 1,000 ft. in depth E. of and parallel with the E. boundary of U.S. Highway 27.
CHANGE TO: The Zoning Classification was RR (Rural Residential District) and is hereby changed to A (Agriculture District).
PUBLIC HEARING: 55-72-3
LEGAL DESCRIPTION: Sec. 36, Twp. 24S, Rge. 26E. The South 800 feet of the East 1/2, LESS the right-of-way (200 feet) for U. S. Highway 192 and also LESS the right-of-way for old S. R. 530.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was A (Agriculture District) and is hereby changed to C-1 (rural or Tourist Commercial District).
PUBLIC HEARING: 45-72-5
LEGAL DESCRIPTION: Sec. 2, Twp. 19S, Rge.25E. Commencing at the NE corner, run South 170 feet, thence run West 320 ft., for POB; thence run S. 168.41 ft.; thence run West 980 ft.; thence run North 168.41 ft.; thence Eastward to POB.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was R-1-7 (Urban Residential District) and is hereby changed to C-1 (Rural or Tourist Commercial District).
PUBLIC HEARING: 46-72-5
LEGAL DESCRIPTION: Sec. 2, Twp. 19S, Rge. 25E. Commencing at the NE corner run South 170 ft.; thence run West 320 ft.; thence run South 168.41 ft.; for POB; thence run South 2349.59 ft., thence run West 980 ft.; thence run North 2349.59 ft.; thence run East to POB. LESS AND EXCEPT any portion lying South of the North boundary line of Haines Creek.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was R-1-7 (Urban Residential District) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 41-72-4
LEGAL DESCRIPTION: Sec. 7, Twp. 19S, Rge. 27E., West 396 ft. of NE 1/4 of Government Lot 2, LESS the road.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was RP (Residential Professional District) and is hereby changed to A (Agriculture).
PUBLIC HEARING: 52-72-5
LEGAL DESCRIPTION: Sec. 18, Twp. 18S, Rge. 27E. From the W 1/4, run East 567.6 ft. to the centerline of the old Umatilla Road; thence run South 44° East along the centerline of the said road 1403.82 ft. for a POB; From said POB run thence South 46° West to the waters of Lake Umatilla, the said point being hereby designated as Point “A;” Begin again at the POB, thence run South 44° East along the centerline of the old Umatilla Road 254.034 ft. thence run South 46° West to the waters of Lake Umatilla; thence run Northwesterly along and with the waters of Lake Umatilla to the above designated Point “A.” LESS AND EXCEPT the ROW for S.R. 44-A. Also LESS any portion lying with the City Limits of Umatilla.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was RR (Rural Residential District) and is hereby changed to RP (Residential Professional District).
PUBLIC HEARING: 35-72-2
LEGAL DESCRIPTION: Sec. 11, Twp. 20S, Rge. 24E. From them SE corner of the NE 1/4 of the SW 1/4, run West along South line of NE 1/4 of SW 1/4, 744 ft. to POB. Run thence West, along said South line of NE 1/4 of SW 1/4 422.09 ft. to the Southwesterly ROW line of S.R. 33; thence North 44° 33’ 25” East along said ROW line 407.00 ft., thence South 60°29’35” East, 181.83 ft., thence South 0°00’50” East, 212.24 ft. to POB. LESS: 21 ft. along the Southerly boundary and 15 ft. along the Northeasterly boundary for road.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was C-1 (Rural or Tourist Commercial District) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 37-72-3
LEGAL DESCRIPTION: Sec. 36, Twp. 21S, Rge. 25E. Shore Oaks Village, as recorded in Plat Book 13, Page 13, Public Records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was LM (Light Manufacturing District) and is hereby changed to C-1 (Rural or Tourist Commercial District).
PUBLIC HEARING: 47-72-3
LEGAL DESCRIPTION: Sec. 22, Twp. 21S, Rge. 25E. The NW 1/4 of the SW 1/4 North of U.S. Hwy. 27 and SE of S.R. 19.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was C-2 (Community Commercial District) and is hereby changed to C-1 (Rural or Tourist Commercial District).
PUBLIC HEARING: 48-72-3
LEGAL DESCRIPTION: Sec. 22, Twp. 21S, Rge. 25E. The NW 1/4 of the SW 1/4 North of U.S. Hwy. 27 and SE of S. R. 19.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was C-2 (Community Commercial District) and is hereby changed to C-1 (Rural or Tourist Commercial District).
PUBLIC HEARING: 51-72-4
LEGAL DESCRIPTION: Sec. 36, Twp. 19S, Rge. 27E. Begin at the Southeast corner of SW 1/4, run thence N. 89°21’30” West along the South boundary of said Sec. 36 a distance of 370.58 ft., for POB; thence continue N. 89°21’30” W. along the South boundary of said Sec. 36 a distance of 618.16 ft., to the SE corner of W 1/4 of SE 1/4 of SW 1/4, said Sec. 36, run thence N. along the East line of said W 1/4 of SE 1/4 of SW 1/4 a distance of 1351.65 ft., thence S. 89°31’ E. 626.4 ft., run thence S. 1347 ft. , more or less to POB. LESS ROW for road along the N. 20 ft. thereof, AND SW 1/4 of the SE 1/4, LESS N. 20 ft. From NE corner of SE 1/4 of SW 1/4, run S. to SE corner of SE 1/4 of SW 1/4, West 370.58 ft., North to North line of SE 1/4 of SW 1/4, East to POB, LESS road.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was A (Agriculture District) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 38-72-3
LEGAL DESCRIPTION: Sec. 6, Twp. 20S, Rge. 26E. E 1/2 of SW 1/4 of SE 1/4; West 600 ft. of North 726 ft. of SE 1/4 of SE 1/4; South 420 ft. of North 726 ft., of West 105 ft. of East 720 ft. of SE 1/4 of SE 1/4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was A (Agriculture District) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 43-72-5
LEGAL DESCRIPTION: Sec. 35, Twp. 18S, Rge. 25E. South 449 ft. of East 514.8 ft. of NE 1/4 of SE 1/4 of SW 1/4.
CHANGE IN CLASSIFICATION: The Zoning Classification was R-1-7 (Urban Residential District) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 54-72-5
LEGAL DESCRIPTION: Sec. 25, Twp. 18S, Rge. 25E. The W 1/2 of the NW 1/4 LESS: Begin 127 South of the NE corner of the SW 1/4 of the NW 1/4 of said section, run thence S. 88°39’30” W. 396.1 ft.; thence run N. 0°14’30” E. to the North section line; thence run Easterly along the section line to the NE corner of the NW 1/4 of the NW 1/4 of said section; thence S. to the POB. Also LESS 2 acres in the SW corner of SW 1/4 of NW 1/4 formerly used as a Negro cemetery and being the tract conveyed by O. S. Felkins to Haskell H. Bass by deed recorded in Deed Book 98, Page 248, Public Records of Lake County, Florida. TOGETHER with that part of the East 250 ft. of the NW 1/4 of the SW 1/4 of Sec. 25, Twp. 18S, Rge. 25E, lying North of the Northerly ROW line of old clay road running from Lisbon to Grand Island.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification was A (Agriculture District) and is hereby changed to RA (Ranchette District).
Included in the foregoing motion was denial of the following:
Case Nos. 34-72-4
40-72-3
42-72-2
36-72-2
and approval of the following Conditional Use Permits: 364-3 Planned Development Concept for engineering plans, and Conditional Use Permit 360-3, 360-3A and 363-5.
On motion of Commr. Carson, seconded by Commr. Hoskinson and carried, Case No. 29-72-2 was postponed until 2 p.m., May 16, 1972, and Case No. 33-72-1 was postponed for 90 days.
Conditional Use Permit 362-1 was called for hearing and the Chairman called for interested parties to be heard.
Larry King, the applicant, appeared in support of the Permit and on motion of Commr. Deems, seconded by Commr. Carson, the permit was granted overturning the recommendation of the Planning and Zoning Commission.
Zoning Case No. 51-72-4 was called for hearing and the Chairman called for interested parties to be heard.
Larry Taylor, Attorney, appeared representing the applicant, and on motion of Commr. Carson seconded by Commr. Deems and carried, the rezoning was allowed and the recommendation of the Planning and Zoning Commission was overturned.
Zoning Case No. 53-72-4 was called for hearing and the Chairman called for interested parties to be heard.
Jeff Ray, Attorney, appeared representing the applicant.
C. G. Norton, applicant, appeared in support of the rezoning.
Donald E. Stephens appeared and opposed the rezoning.
On motion of Commr. Carson, seconded by Commr. VanAuken and carried, the recommendation of the Planning and Zoning Commission was upheld and the request was denied.
Zoning Case No. 39-72-5 was called for hearing and the Chairman called for interested parties to be heard.
E. Hoppe appeared representing the City of Eustis and opposed the rezoning.
Jerry Brown appeared representing Fla. Foods, Inc. and opposed the rezoning.
Keith Shamrock, applicant, in support of the rezoning.
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the request was denied.
Zoning Case No 54-72-5 was called for hearing and the Chairman called for interested parties to be heard.
Mr. Stanley Skinner appeared and opposed the rezoning.
Letters from L. R. Huffstetler, Sr. and H. Jennings Rou, II, opposing the rezoning were read into the record.
Dewey Burnsed, Attorney, appeared representing the applicant.
Commr. Carson moved that the recommendation of the Planning and Zoning Commission be upheld and approve the rezoning to “RA” (Ranchette District). The motion was seconded by Commr. Deems. Commr. Hoskinson and Commr. VanAuken voted “No.” The vote was tied and the Chairman cast the deciding vote voting “yes” and the motion carried.
Conditional Use Permit 365-3 was called for hearing and the Chairman called for interested parties to be heard.
A letter from Adams Fruit Company opposing the Permit was filed.
George Hovis, Attorney, appeared representing the applicant.
On motion of Commr. Hoskinson, seconded by Commr. Deems, the Permit was approved with the stipulation that any improvements to the road will be at the applicant’s expense and according to the specifications of the Lake County Engineering Department.
Zoning Case No. 49-72-5 was called for hearing and the Chairman called for interested parties to be heard. No one appeared and Commr. VanAuken moved that the recommendation of the Planning and Zoning Commission be upheld and deny the request. Commr. Hoskinson seconded the motion. Commrs. Carson and Deems voted “No.” The vote was tied and the Chairman cast the deciding vote voting “yes” and the motion carried.
Zoning violation Case Nos. 72-19 and 72-20 were tabled for 30 days on motion of Commr. Hoskinson, seconded by Commr. Carson and carried.
Zoning violation Case No. 71-90 was declared in violation of Ordinance 70-1 and the violator, James E. Hayes, Sr., was given 30 days to comply, on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried.
Zoning violation Case No. 72-16 was postponed for site plan approval and to give the violators, Noel E. Griffin, Jr. and James N. Bateman, time to clean up the area.
On motion of Commr. Hoskinson, seconded by Commr. Deems, and carried, and on recommendation of the Planning and Zoning Commission, the Board approved a change to the Zoning Ordinance to include under the Classification of Use Portion of C-2 zoning boat sale, storage and related services thereto.
On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried, the following amendments were approved to the Zoning Ordinance:
ARTICLE VI – Section 60 – “A” Agricultural District; Section 60.17 –
Classification of Uses; Subsection 60,170 – To allow nurseries and normal related accessories thereto.
Section 61 – “RA” Ranchette District – Section 61.16 – Classifications of Uses; Subsection 61-160 – To allow nurseries and normal related accessories thereto.
Section 68 – “C-1” Rural or Tourist Commercial District; Section 68-17 – Classification of Uses; Subsection 68-170 – To allow nurseries and normal related accessories thereto.
accounts allowed
The Board approved travel for one building inspector to attend meeting in Tallahassee on April 20, 1972, regarding windstorm insurance on mobile homes.
On motion of Commr. Deems, seconded by Commr. Carson, and carried, J. C. Watkins was authorized to attend Annual Conference of Planning & Zoning Directors in Tampa May 3-6.
county employees
On motion of Commr. Deems, seconded by Commr. Hoskinson and carried, the Board approved the employment of Robert S. Alderman from the Commodity Warehouse to the Engineering Department effective May 1, 1972, salary $400.00 per month.
checks received
Check from A. G. Wood for $78.00 for cost of pipe removed by George R. Buck was accepted by the Board.
There being no further business to bring before the Board, the meeting adjourned at 4:50 o’clock p.m.
_________________________________ ______________________________
cLERK Chairman