MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
TUESDAY – OCTOBER 17, 1972
A regular meeting of the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room, in the Courthouse, Tavares, Florida, at 9:00 o’clock a.m. on Tuesday, October 17, 1972, with the following members present: Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. Deems; J. M. Hoskinson. Others present were: Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; Frank Lawton, Assistant Planning Director; Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.
The meeting was called to order by the Chairman and the invocation was given by Commr. Hoskinson. The Pledge of Allegiance to the Flag was recited.
elections
Mr. Dan Heald showed the Commissioners the ballot for the upcoming election. He explained the necessity of ordering equipment for the voting machines because of the write-in candidates. Commr. Carson moved that the necessary equipment for the voting machines be ordered in time for the election. Motion seconded by Commr. Hoskinson and unanimously carried.
oklawaha river basiN improvement counCIL
Commr. Windram read a letter from the Executive Secretary of Putnam County Water Conservation District which stated that they have decided to defer joining the Oklawaha River Basin Improvement Council until after the Public Hearing to be held by the Department of Natural Resources concerning the boundaries for the various river basins in Florida, including the St. Johns River Basin. This hearing is scheduled for November 6, 1972. Mr. Bunton would appreciate being kept informed of the activities of the Oklawaha River Basin Improvement Council. The Chairman asked that this letter be referred to the Lake County Pollution Control Officer.
mosquito control
Commr. Deems made a motion to appoint Mr. Phil Yoder as Mosquito Control Director at an annual salary of $7,500.00, upon approval of the State Board of Health, Jacksonville, Florida. The motion was seconded by Commr. Carson and unanimously carried.
county property
Commr. Deems reported that he has received complaints regarding the Lady Lake Landfill being used by motor bikes as a race track. Mr. Harpster, County Engineer, was requested to look into the possibility of placing restriction signs on this property to preclude it being used in this manner.
Commr. Deems asked the Board to approve the request from the City of Leesburg which asked that the clay pit property, owned by Lake County, be deeded to the City of Leesburg so that they could beautify the approach to the City and dig water wells for further growth of the City, with the stipulation that Lake County retain 50 feet in case the boulevard is widened at a future date. The same was approved on motion of Commr. Carson, seconded by Commr. Deems, and unanimously carried, conveying the following described property to City of Leesburg:
LEGAL DESCRIPTION: Beg. 542 ft. W & 528 ft S of NE cor. of Sec, Run S 210 ft W 215 ft, N 210 ft. E 215 ft to POB.
Location: S25, T 19, R 24 W 165 ft of E 689 ft of N 528 ft of Gov Lot 1 Location: S 25 T 19, R 24
road maintenance – SUBDIVISIONS
Mr. Oscar Schmidt, representing the Orange Blossom Estates Association, appeared before the Board regarding the road conditions of Shell Cracker Drive, Perch Avenue, and Blue Gill Drive in the Orange Blossom Estates Subdivision. Mr. Schmidt stated it was the opinion of the Association that the County was to maintain these roads after the residents had improved them and that this has not been done. Commr. Carson read portions of previous minutes of the Board regarding the streets in question which did not uphold this opinion. Commr. Carson then read a letter from the County Engineer which was written after he recently inspected the conditions of these roads. The County Engineer recommended that these streets be taken into the County Maintenance System if the residents are willing to pay an amount not to exceed $200.00 to bring these roads up to the County standards, will the Board guarantee that the roads will then be maintained by the County from then on? Commr. Windram affirmed this to be so and stated that this would be made a matter of record. Commr. Carson moved the adoption of a Resolution to take Shell Cracker Drive, Perch Avenue and Blue Gill Drive into the County system after the residents pay an amount not to exceed $200.00 to bring the roads up to County standards, seconded by Commr. Hoskinson and unanimously carried. The Deputy Clerk was requested to send Mr. Schmidt a certified copy of the Resolution to this effect.
bids
It now being the time advertised to receive bids on the following items, the Chairman directed the Clerk to open and tabulate the bids; whereupon, the Clerk reported receiving bids from the following:
OCCUPATIONAL DEATH OR BODILY INJURY INSURANCE ON LAW ENFORCEMENT OFFICERS.
Lassiter-Ware Insurance (Continental Casualty Company)
Simpson-Waite, Inc. (Life Insurance of North America)
Noblitt Insurance Agency (Nationwide)
John Alden Murray Agency (The Travelers Insurance Company)
Commr. Carson made a motion, seconded by Commr. Deems and unanimously carried, that the bids be referred to the County Attorney to check specifications and make recommendations to the Board.
COMPREHENSIVE HOSPITAL LIABILITY
Lassiter-Ware Insurance (St. Paul Fire & Marine Insurance Company)
Commr. Deems made a motion, seconded by Commr. Carson and unanimously carried, that the bid be referred to the County Attorney to check specifications and make his recommendation to the Board.
COMPREHENSIVE FLEET LIABILITY
Noblitt Insurance Agency (Nationwide)
Simpson-Waite, Inc. (Insurance Company of North America)
Commr. Hoskinson made a motion, seconded by Commr. Deems, and unanimously carried, that the bid be referred to the County Attorney to check specifications and make his recommendation to the Board.
Later in the day, Mr. Ford, Attorney, made his recommendations to the Board and the bids were awarded as follows:
On recommendation of the County Attorney, and on motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the bid by Lassiter-Ware Insurance (Continental Casualty) for Occupational Death or Bodily Injury Insurance on Law Enforcement Officers, for an annual premium of $757.20 was accepted as the lowest and best bid.
On recommendation of the County Attorney and on motion by Commr. Carson, seconded by Commr. Deems and unanimously carried, the bid by Lassiter-Ware Insurance (St. Paul Fire and Marine Insurance Company) for Comprehensive Hospital Liability for the Lake Memorial Nursing Home, for an annual premium of $1,643.00, was accepted as the lowest and best bid.
On recommendation of the County Attorney, and on motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the bid by Noblitt Insurance Agency (Nationwide) for Comprehensive Fleet Liability, for an amount of $9,260.82 was accepted as the lowest and best bid.
courthouse complex
Mr. Allen Helman and Mr. Chuck Braun, representing the Environmental Design Group of Winter Park, Florida, presented their firm’s concept for the Lake County Administrative and Judicial Space Requirements Study.
roads – state
Mr. Harold Busley and Bob Cortelyou from the Department of Transportation appeared to discuss with the Board two alternatives for the improvements to the intersection of SR 19 and 25 and the four-laning of SR 19 from SR 25 to the turnpike. Mr. Busley said without infringing on the Ramada Inn site the right of way will cost approximately $200,000.00. Mr. Busley asked the Board’s consideration on the proposal, saying the Department of Transportation would like to consider a diamond interchange at the intersection of SR 19 and the turnpike.
Mr. Harpster presented Environmental Impact Study on SR 50 by the Department of Transportation for the Board’s review.
Mr. Harpster also asked the Board members for consideration of access control roads on SR 50 from the Orange County line. He was instructed to discuss this with DOT.
road closing
It now being the time advertised to hold a public hearing to consider a petition to close certain streets in Higley Subdivision, the petitioner W. Pitt Varnes appeared and requested that action on this be postponed as he has not received written consent of the Trustees to close the streets. Attorney Ford advised the hearing has been properly advertised and no one has appeared to object to the closing; whereupon, on motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the road closing was postponed until November 10, 1972, at 10:00 o’clock A.M.
planning and zoning
Mr. Hovis, Attorney, appeared representing Mr. and Mrs. Hagner who are in the process of developing a mobile home/travel trailer park, stating that they were issued a Conditional Use Permit #343-3, which they later found stipulates the land will not be used for mobile homes but only travel trailer park. Commr. Carson made a motion that the usual fees be waived and for Mr. and Mrs. Hagner to start rezoning process on this property with the Planning and Zoning Commission. The motion was seconded by Commr. Hoskinson and unanimously carried.
maps and plats
County Engineer presented the Valencia Terrace Subdivision Plat for approval. The Attorney reported that the plat has been approved by the County Engineer and the Assistant Planning Director and presented a written statement from the First Federal Savings and Loan Association which states, “First Federal Savings and Loan Association of Lake County has assets of approximately $60,000,000.00 and guarantees sufficient funds are available to the Lake County Service Corporation for the development of approximately 62 acres of land lying North of the City of Leesburg, as presented to you by Mr. James Gregg, President of Square G Construction Company, Inc.”
Commr. Carson moved that the Valencia Terrace Subdivision request be approved as a matter of record and authorized the Chairman and Clerk to sign the plat. The motion was seconded by Commr. Hoskinson and unanimously carried.
committees
Commr. Hoskinson moved that the County Engineer contact the Board of Public Instruction to extend an invitation for their Board to be represented on the Lake County Subdivision Advisory Committee. The motion was seconded by Comr. Deems and unanimously carried.
resolutions not classified elsewhere
On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, a Resolution was adopted commending Dr. J. Basil Hall for his 23 years of dedicated service to Lake County.
county employees
On recommendation of the Engineer and on motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, approval was given for the Road and Bridge crew to attend the funeral of a former employee.
courthouse complex
Watson and Company representative, Mr. Burney Brender, gave a presentation on the Lake County Administrative and Judicial Space Requirements Study. He estimated that the study by his firm would take approximately four to six months for an estimated cost of between $8,000 - $12,000.
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.
planning and zoning
Mr. Martin, who owns property east of Haines Creek Road, reported that he recently purchased an automobile franchise and repair facilities and discovered that he needs this property changed from C-1 to C-2 zoning to be able to sell cars at this location. He was unaware of this restriction when he purchased the property and has a considerable sum of money invested in the franchise and purchase of automobiles. The owner stated that the property had been used by the previous owner for the sale of cars. Mr. Ford, County Attorney, asked the owner to obtain a signed statement from the wife of the previous owner stating that this land was previously used for the sale of automobiles and file the letter with the Planning and Zoning Department. However, Mr. Ford advised that after establishing pre-existing use of this land, he could only use the same amount of land previously used for auto sales. Mr. Ford advised the owner to request rezoning of his property.
bids
On recommendation of the County Engineer and on motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the bid of Shelfer Ford Tractor Company, in the amount of $2,211.52, for the purchase of three (3) new Ford Model 906-7 rotary mowers, with accessories, was accepted as the lowest and best bid.
salaries and wages
A motion was made by Commr. Deems, seconded by Commr. Carson and unanimously carried that the pay of the mechanics and operators in landfill operations be increased to the same scale of the road and bridge mechanics and operators, effective October 15, 1972.
Commr. Carson made a motion, seconded by Commr. Hoskinson and unanimously carried, that Robert Pierce, Public Defender, be notified to hire John I. Merritt as Assistant Public Defender at an annual salary of $12,000.00.
juvenile
Commr. Deems made a motion, seconded by Commr. Hoskinson and unanimously carried, to combine in the Juvenile Shelter budget $4,000.00 for a cook and $1800.00 for relief personnel and allow the Board of Visitors’ request to hire one individual on full-time relief basis.
public health
Commr. Carson reported he contacted the Town and Country Refuse, Inc. relative to their advising that there will be no more back door pickup service and the owner advised that this service is no longer available due to labor problems. He mentioned there is a special senior citizens rate whereby the company furnishes plastic bags at 25¢ per bag for the pickup service. Mr. Harpster said the collector is in violation of the Ordinance. Mr. Harpster was instructed to make a survey of the franchised collectors who are willing to pick up at the back door.
county planner
Commr. Carson made a motion, seconded by Commr. Hoskinson and unanimously carried, that Mr. Joseph Flynn be offered the position of County Planner for Lake County at an annual salary of $16,500.00.
appointments
Commr. Deems made a motion, seconded by Commr. Carson and unanimously carried, that Commr. Hoskinson be appointed as Lake County representative to East Central Florida Regional Planning Council effective November 8, 1972.
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. Hoskinson, seconded by Commr. Deems and unanimously carried, a Resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following described tracts of land:
WHEREAS, the Lake County Planning and Zoning commission did, on the 28th day of September, 1972, review certain applications for changes and revisions of the zoning of certain areas in Lake County, Florida, and after giving Notice of a Hearing on applications for changes of zoning classifications (including a Notice that said applications would be presented to the Board of County Commissioners of Lake County, Florida, on the 17th day of October, 1972), and
WHEREAS, the Lake County Planning and Zoning Commission did make recommendations as to the changes as requested in the particular applications hereinafter set forth subject to the approval of the Board of County Commissioners of Lake County, Florida, and
WHEREAS, the Board of County Commissioners reviewed said applications, the recommendations of the Lake County Planning and Zoning Commission and any comments, favorable or unfavorable from the public surrounding property owners, at a public hearing duly advertised.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Zoning Rules and Regulations of Lake County be altered and amended as they pertain to the following described tracts for land in Lake County, Florida, to the classification designated after each description and the zoning be altered and changed as follows:
PUBLIC HEARING: #174-72-2
LEGAL DESCRIPTION: Sec. 11, Twp. 20S, Rge. 24E. Govt. Lot 1 lying West of Centerline of Palatlakaha River (Creek); that part of Govt. Lot 2 lying South of the Centerline of Helena Run; and that part of the North 688.71 feet of the NE ¼ of the SW ¼ lying East of the East ROW line of U.S. Hwy. 27; AND the N ½ of the SE ¼ lying East of the East ROW line of U.S. Hwy. 27 and West of the Centerline of Palatlakaha River (Creek); AND that part of the SE ¼ of the NW ¼ lying South of the Centerline of the Helena Run and East of east right-of-way line of U.S. Hwy. 27.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from C-1 (Rural or Tourist Commercial District) and R-1-7 (Urban Residential District) to C-1 (Rural or Tourist Commercial District) and R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: #167-72-2
LEGAL DESCRIPTION: Se. 25, Twp. 20S, Rge. 24E. Begin at the SE corner of the NE ¼, run N. 866 ft. W’ly to a point on the East line of Highway which is 838 ft. North of the South line of the NE ¼ ; S’ly along highway to South line of NE ¼, East to POB, AND begin 866 ft. North of the SE corner of NE ¼, run North 134 ft., West parallel with the South line of NE ¼ to the E’ly line of highway, SE’ly along highway; 62 ft. to POB.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to R-3 (Mobile Home Subdivision/Rental Park)
PUBLIC HEARING: #160-72-2
LEGAL DESCRIPTION: Sec. 16, Twp. 20S, Rge. 24E. S ½ of SW ¼ of NE ¼ of NE ¼, LESS the east 20 ft. for road ROW.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to A (Agriculture District).
PUBLIC HEARING: #164-72-3
LEGAL DESCRIPTION: Sec. 11, Twp. 23S, Rge. 25E. The NW ¼ of the NE ¼; S ½ of NE ¼ of NW ¼. Southeast of Highway; AND Tracts 1, 1A and 2, LESS South 80 ft. and LESS the North 70 ft. of the South 150 ft. of the West 325 ft., in Clermont Farms Subdivision, as recorded in P.B. 5, Page 59, Public Records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to A (Agriculture District).
PUBLIC HEARING: #170-72-3
LEGAL DESCRIPTION: Sec. 29, Twp. 22S, Rge. 26E. Tracts 20, 21 and 28 according to the Plat of Lake Highlands, as recorded in P.B. 2, Page 25, Public Records of Lake County, Florida; ALSO Lots 1 to 113 inclusive, according to the El-Mar-Jen Replat of the S ½ of the SW ¼ of the NE ¼ and the W ½ of the NE ¼ of the SW ¼ of the NE ¼, as recorded in P.B. 14, Page 18, Public Records of Lake County, Florida. Less and Except the ROW of Highway 50.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from C-1 (Rural or Tourist Commercial) and R-1-7 (Urban Residential District) to C-2 (Community Commercial District).
PUBLIC HEARING: #173-72-3
LEGAL DESCRIPTION: Sec. 28, Twp. 20S, Rge. 26E. The South 302.17 ft. and all of Tract 12; Also the South ¾ of the E ½ of Lot 6, all of Lots 10 and 14, LESS the ROW of S. R. 48, in Block R, Astatula, as recorded in P.B. 1, Pg. 12, Public Records of Lake County, Florida; Also that certain vacated unnamed street lying West of said Lots 10 and 14, Block F, Astatula and East of Tract 12 in Citrus Farms, that part of vacated South Carolina Avenue lying between Lots 6 and 10, Block F, Astatula, that part of vacated New York Avenue lying North of Lot 10, Block F, Astatula and South of Tract 7, Citrus Farms, and South of Lot 6, Block F, Astatula and that part of the W ½ of that certain vacated unnamed street lying East of the South ¾ of said Lot 6, Block F, Astatula, as recorded in P. B. 1, Pg. 12, Astatula and P. B. 13, Page 35 Citrus Farms, Public records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: #175-72-3
LEGAL DESCRIPTION: Sec. 19, Twp. 20S, Rge. 26E. Fractional SE ¼, LESS the South 330 ft. thereof; South 330 ft. of fractional SE ¼ of NE ¼. Sec. 20, Twp. 20S, Rge. 26E. SW ¼ of SW ¼, LESS the South 330 ft. thereof; N ½ of SW ¼; South 330 ft. of the NW ¼; South 330 ft. of the NE ¼ lying West of the ROW of Tavares-Astatula State Road; N ½ of SE ¼, lying West of ROW of Tavares-Astatula State Road; ALSO, Begin at the NW corner of the SW ¼ of the SE ¼, run thence W. 1320 ft. along the North line of the SE ¼ of the SW 1/4 ; run thence South 411.46 ft.; thence East 792 ft.; thence North 80 ft.; thence East 528 ft.; thence North 50°49’ East 524.9 ft. to North line of SW ¼ of SE ¼; thence West along North line of said SW ¼ of SE ¼ to POB, together with a ROW for access to said property over private road described as follows: Begin at the S ¼ corner of said Section, run thence North along mid-section line of said Section 20, 688.35 ft., to POB, said point of beginning of the center line of a 50 ft. right-of-way, run thence East 1320 ft., more or less, to intersect with S.R. 19; begin again at POB, run thence West 500 ft. more or less, thence North 251 ft. more or less to South boundary of property hereby conveyed.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: #171-72-4
LEGAL DESCRIPTION: Sec. 26, Twp. 19S, Rge. 26E. Begin on the North line of Highway 253.15 ft. South of NW corner of SW ¼ of NE ¼, run SE’ly along Highway 742.12 ft., NE’ly along radial line of Highway 300 ft. to the POB, run thence NE’ly along radial line 100 ft. thence NW’ly parallel to highway 150 ft., thence SW’ly along radial line 100 ft., thence SE’ly parallel to highway to the POB.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from C-1 (Rural or Tourist Commercial) to R-1-7 (Urban Residential District).
PUBLIC HEARING: #168-72-5
LEGAL DESCRIPTION: Sec. 24, Twp. 18S, Rge. 25E. NW ¼ of SW ¼; ALSO Beginning at a point on the West line of the SW ¼ of NW ¼ (Government Lot 3); that is 324 ft. North of the Southwest corner of the SW ¼ of the NW ¼, thence run NE’ly along a straight line to a point that is 696 ft. South of the NE corner of said SW ¼ of NW ¼, thence continue to the Southeast corner of SW ¼ of the NW ¼, thence West along the South line of said SW ¼ of NW ¼ to the POB. LESS the ROW along the East side of the above described property for S. R. 452.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to RR (Rural Residential District).
PUBLIC HEARING: #163-72-5
LEGAL DESCRIPTION: Sec. 30, Twp. 18S, Rge. 27. N 1/4 of the NE 1/4 .
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from RR (Rural Residential District) to A (Agriculture).
PUBLIC HEARING: #169-72-5
LEGAL DESCRIPTION: Sec. 16, Twp. 18S, Rge. 27E. NE ¼ AND the SE ¼ of the NW ¼.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to RA (Ranchette District).
PUBLIC HEARING: #177-72-5
LEGAL DESCRIPTION: Sec. 24, Twp. 17S, Rge. 28E. Govt. Lots 1 and 2 North and West of County Road.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to RA (Ranchette District).
PUBLIC HEARING: #166-72-5
LEGAL DESCRIPTION: Sec. S ½ of Blk. 7, Twp. 15S, Rge. 27E. Begin 39.96 ft. East of SW corner of Lot 19; run North 320.1 ft., East 127 ft., S. 75 ft., E 85 ft., to highway SW’ly along highway to point E. of POB, West to POB. LESS road ROW.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from A (Agriculture District) to C-1 (Rural or Tourist Commercial District).
PUBLIC HEARING: #172-72-1
LEGAL DESCRIPTION: Sec. 27, Twp. 18S, Rge. 24E. Tract 1. The West 100 ft. of the North ½ of the NW ¼ of the SW ¼; LESS the North 30 ft. thereof for road. Tract 2. The East 100 ft. of the West 200 ft. of the North ½ of the NW ¼ o the SW ¼; LESS the North 30 ft. thereof for road. Tract 3. The East 100 ft. of the West 300 ft. of the North ½ of the NW ¼ of the SW ¼; LESS the 30 ft. thereof for road.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from RR (Rural Residential District) to R-3 (Mobile Home Subdivision/Rental Park District).
PUBLIC HEARING: #154-72-1
LEGAL DESCRIPTION: Sec. 24, Twp. 18S, Rge. 24E. The N 240 ft. of the Govt. Lot 8, LESS the W. 660 ft and LESS road ROW.
CHANGE IN ZONING CLASSIFICATION:
The Zoning Classification is hereby changed from RR (Rural Residential District) to A (Agriculture District).
Included in the foregoing motion was denial of case numbers 161-72-2 and 165-72-5 and approval of Conditional Use Permit 381-5.
Case Number 176-72-3 was withdrawn by applicant.
Case 377-3, Conditional Use Permit, was postponed until November 21, 1972.
Zoning Case Number 174-72-2 was called for hearing and the Chairman called for interested parties to be heard.
Richard Jackson appeared and opposed the rezoning.
Arthur Roberts, Attorney, appeared in support of the rezoning.
On motion of Commr. Deems, seconded by Commr. Carson, and unanimously carried, the recommendation of the Planning and Zoning Commission was upheld and the rezoning was granted.
Zoning Case No. 162-72-2 was called for hearing and the Chairman called for interested parties to be heard.
Mr. L. E. Taylor, attorney, appeared representing the applicant.
Mr. Archie Rutledge appeared and opposed the rezoning.
On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the request was denied and the decision of the Planning and Zoning Commission was upheld.
Zoning Case No. 173-72-3 was called for hearing and the Chairman called for interested parties to be heard.
Mr. Harley Morse appeared and questioned why the request was denied.
Mr. L. E. Taylor appeared in support of the rezoning.
Carroll Ward appeared and opposed the rezoning.
On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, the request was granted, overturning the decision of the Planning and Zoning Commission.
Zoning Case N. 175-72-3 was called for hearing and the Chairman called for interested parties to be heard.
Mr. L. E. Taylor, Attorney, appeared representing the applicant.
Mr. Perry Duff, adjacent property owner, expressed his views on the rezoning.
Mr. Tom Grizzard, developer, appeared in favor of the request.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the request was granted, overturning the decision of the Planning and Zoning Commission. Chairman Windram voted against the motion.
Zoning Case No 157-72-1 was called for hearing and the Chairman called for interested parties to be heard.
Mr. Merle Nelson appeared opposing the rezoning.
On recommendation of the County Attorney, Commr. Carson made a motion, seconded by Commr. Hoskinson and unanimously carried, that the request for rezoning be denied because of spot zoning, and the decision of the Planning and Zoning Commission overturned.
Zoning Violation Case No. 72-32 – Mr. Ellis Smith. Mr. Smith was present and on motion by Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, he was declared in violation of the Ordinances and given 30 days to remove three truckloads of rubbish from the area. The County will remove the remaining rubbish since Mr. Smith was not the only offender.
Zoning Violation Case No. 72-33 – Mr. Johnnie Boyd. Mr. Treadwell, representing Mr. Boyd, was present and action was postponed to enable Mr. Boyd an opportunity to obtain an affidavit establishing possible pre-existing use of this area as a rodeo.
Zoning Violation Case No. 72-34 – Mr. M. H. Guthrie. A letter from Mr. Lee, legal guardian of Mr. Guthrie’s property, was read stating that the bulldozer was not the property of Mr. Guthrie nor was the placing thereof on his property authorized by Mr. Guthrie. The County Attorney will research this matter and the hearing was postponed until the November 21, 1972, meeting.
Zoning Violation Case No. 72-35 – Mr. George Hohman. On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, he was declared to be in violation of the Ordinances and given 30 days to comply.
Zoning Violation Case No. 72-36 – Mr. W. F. Wiley. The County Attorney stated he could find no law against Mr. Wiley parking his tractor-trailer at his residence since it is used for transportation to and from work. The Attorney will research for a law which might affect the parking of the vehicle in a residential area. Mr. Wiley was ordered to clean up the tires and other miscellaneous equipment in the area. Mr. Ray Robbins, representing Sumter Electric Co-Op, asked that the event the Board considers adopting an Ordinance on parking of vehicles in residential areas, that they give consideration to service and emergency vehicles and equipment.
Zoning Violation Case No. 72-37 – Mr. Henry Meissner. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, he was declared to be in violation of the Ordinances and given 30 days to comply.
Zoning Violation Case No. 72-38 – Mr. Jerome Andrews. On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, he was declared to be in violation of the Ordinances and given 30 days to comply.
Zoning Violation Case No 72-39 – Mr. Wendell Mohr. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, he was declared to be in violation of the Ordinances and given 30 days to comply.
Ordinances
Commr. Carson made a motion seconded by Commr. Deems and unanimously carried, that an Ordinance regarding the Lake County Law Library be advertised and considered on first reading on November 7, 1972. The title of the Ordinance is as follows:
An Ordinance providing for the establishment and maintenance of a law library in the courthouse of Lake County, Florida; providing for a Board of Trustees to establish, equip, furnish, maintain and operate a law library; providing for a librarian, assistant librarian, and personnel, and fixing their salaries or compensation; providing for the manner of raising funds and expenditure of such funds for a law library; authorizing said Board of Trustees to make and enforce rules and regulations as to said library; declaring the law library to be for county purposes; authorizing the Board of County Commissioners of Lake County to authorize and appropriate other available funds to the Board of Trustees for a law library; providing for the Clerk of Circuit Court to keep records of all meetings of the library and for the Board of Trustees to annually submit a budget to the Board of County Commissioners for Lake County and providing an effective date.
Commr. Hoskinson made a motion, seconded by Commr. Carson and unanimously carried, that an Ordinance amending zoning regulations be postponed until the next meeting.
An Emergency Ordinance regarding placing of capital punishment issue on the ballot was considered at this time. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Ordinance was placed on first reading by title only, said title being as follows:
An Ordinance designating on the ballot to be circulated in Lake County, Florida, the question “Do you favor reinstatement of the death penalty? Yes. No.”; determining said question to be of great public interest; declaring this Ordinance an emergency due to time needed for printing of ballots; providing an effective date.
Commr. Hoskinson moved that the Ordinance be adopted on the first reading by title only. The motion was seconded by Commr. Carson and unanimously carried.
On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the emergency ordinance was placed on second reading by title only.
Commr. Hoskinson moved that the Ordinance be adopted on the second reading by title only. The motion was seconded by Commr. Carson and unanimously carried.
Commr. Deems moved that the Emergency Ordinance be placed on third and final reading by title only. The motion was seconded by Commr. Carson and unanimously carried.
Commr. Carson moved that the Emergency Ordinance be adopted on the third and final reading. The motion was seconded by Commr. Deems, and unanimously carried.
reports
The Clerk read a letter from the County Judge which enclosed the Annual Report of Receipts and Expenditures for the Fiscal Year ending September 30, 1972. Refund was made to the County in amount of $458.42.
A letter was submitted from Sheriff Meech which enclosed the Annual Report of the 71/72 Budget of the Sheriff of Lake County, with a refund check in the amount of $1,678.13.
Public Works Department Annual Report was filed with the Board.
communications
The Clerk read application from the Mid-Florida Sightseeing Service, Inc. regarding application for temporary authority for a sightseeing service over U. S. 192 from U. S. 27 to the Florida Turnpike on the one hand and Cypress Gardens, Kennedy Space Center, Busch Gardens, Rainbow Springs, and Walt Disney World on the other hand.
The Clerk read letter from Dr. David L. Crane, Chief, Bureau of Local Health Services, Subject: Management of Health Department Affairs During Interim Period. Dr. Peter Kroll will assist the health department until a successor to Dr. Hall enters on duty.
elections – primary
Certificates of the County Canvassing Board giving the results of the Primary Election on October 3, 1972, were filed.
Chairman Windram presented to the Attorney copy of order in the suit filed against the various Canvassing Boards by Henry Esteva, Leon County, Case No. 72-1481. Mr. Ford directed that a copy of the order be furnished to the Supervisor of Elections with instructions that she comply with the order.
licenses and permits
The following Use Permits, filed by the County Engineer, were approved on motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried:
No. 397 to Florida Telephone Corporation for construction and maintenance of buried cable on S-19A between Tavares and Eustis.
No. 400 to Florida Telephone Corporation for construction and maintenance of buried cable along Dist. Road #4-4581 between Mt. Dora and the County line.
City of Clermont for construction, operation and maintenance of 8” V. C. Sanitary Sewer from Carolyn Drive to Dianna Place.
The following Driveway Permits, were approved by the Board:
Ronald A. Harden, P. O. Box 335, Lady Lake, Florida
Wilson G. Sheppard, P. O. Box 302, Mt. Dora, Florida
Mrs. Smith, P. O. Box 29A, Tavares, Florida
Leroy H. McCarty, 3142 Cecilia Drive, Apopka, Florida
bonds – miscellaneous
Contractors’ Bonds for Certificates of Competency were approved for the following:
No. 431 – Amantha Musselwhite
No. 917 – W. O. Unsworth dba W. O. Unsworth Builders, Inc.
No. 918 – Harold T. Rogers
No. 381 – Sherman Leo Walker
No. 919 – L. T. Westbrook dba Westbrook Air Conditioning & Plumbing
No. 920 – Raymond A. Lantz
budget
Sheriff Meech requested $1,771.00 be transferred to correct an overdraft in the 71/72 budget to pay for visibars, speakers and sirens to be installed in nine new cars. The transfer was approved.
courthouse complex
On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, negotiations will be started with the Environmental Design Group for a study of the courthouse facilities.
ACCOUNTS ALLOWED
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, travel was approved for Robert S. Stroud to attend Youth Related Services Meeting in Miami, October 24-26, for a total of $104.00; and to confer with the Department of Health and Rehabilitative Services, Tallahassee, one day only, for total of $64.20.
Commr. Carson moved that the County Engineer be authorized to purchase the new parts for the disposal plant serving the courthouse and jail complex. The motion was seconded by Commr. Deems and unanimously carried.
On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved the request from the Clerk of Circuit Court to purchase eight new cases, 19 covers and repair of 11 books, for total amount of $696.00 from Dobbs Brothers Record Rebuilding Service.
There being no further business to bring before the Board, the meeting was adjourned at 6:00 o’clock p.m.
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CLERK chairman