A regular MEETING OF BOARD OF COUNTY COMMISSIONERS
february 20, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session on Tuesday, February 20, 1973 in the Commissioners’ Room, Courthouse, Tavares, Florida at 9:00 a.m. with the following members present: C. A. Deems, Chairman; James R. Carson, Jr., Thomas J. Windram, J. M. Hoskinson, and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Joseph Flynn, County Planning Director; and Norma Coven, Deputy Clerk.
The Chairman called the meeting to order, and the invocation was given by James C. Watkins. The Pledge of Allegiance to the Flag was recited.
Mr. Jackson A. Haddox, County Extension Director, appeared before the Board and introduced Doris Milligan, who was recently hired as Home Extension Economist.
Mrs. Verna Eastwood appeared and introduced Mr. Aubrey Hayes, who is replacing Mrs. Eastwood as County Welfare Director.
Mr. Flynn appeared and submitted three resumes from applicants interested in positions open at the Planning Department and requested authority to negotiate with these individuals at the following recommended salaries: William C. Johnstone, $13,500; Michael Willett, $11,500; and Barbara Dorf, $9,000. On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized Mr. Flynn to negotiate with the three aforementioned applicants at salaries not to exceed those recommended and requested that he come back before the Board if the salaries are not acceptable before negotiating any further.
Mr. Flynn requested that the responsibility of the courthouse telephone switchboard be transferred from the Planning Department to the Clerk’s Office and that the courthouse number not ring in the Planning Department when the courthouse is closed.
east central florida regional planning council
Mr. Ken Klos, representing the Regional Planning Council, appeared before the Board and presented the Oklawaha River Basin Water Quality Management Plan and asked the Board to approve same. The Lake County Pollution Control Board approved the Plan at a special meeting held February 19, 1973. After the Board of County Commissioners reviewed the Plan with Mr. Klos and upon recommendation of approval from Mr. Edwards, Pollution Control Department, Commr. Burhans moved that the Oklawaha River Basin Water Quality Management Plan be adopted by Lake County. The motion was seconded by Commr. Carson and unanimously carried.
It now being the time advertised to open bids for one 1973 sedan for the Planning Department, the Chairman directed the Clerk to open and tabulate the bids; whereupon the following bids were received:
Cecil Clark Chevrolet $3,394.54 30-60 day delivery
Leesburg Chrysler-Plymouth $3,405.75 24 hour delivery
Plaza Lincoln Mercury $3,720.00 4 weeks delivery
Kreigsman Rambler Co. $3,235.00 4-6 week delivery
A. G. Polk, Inc. $3,381.66 30 day delivery
D. C. Waters Ford $3,463.48 30-45 day delivery
On a motion by Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the bids for the sedan were referred to the Planning Director to check specifications and make recommendations to the Board. Later during the meeting, Mr. Flynn recommended that the bid be awarded to Leesburg Chrysler-Plymouth as they meet all specifications and can provide immediate delivery. On a motion by Commr. Windram, seconded by Commr. Carson and unanimously carried, the bid presented by Kreigsman Rambler Company in the amount of $3,235.00 was accepted by the Board as the lowest and best bid.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and unanimously carried, the Board reappointed Commr. Carson to serve on the Law Library Board.
The Chairman announced that there will be a meeting of the Board of County Commissioners and the Planning and Zoning Commission on March 2, 1973 at 3:30 p.m. in the Planning Office.
roads – state
On the recommendation of the Engineer and on a motion by Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board adopted a resolution to lower the speed limit from 40 to 30 mph on SR 25-A from SR 25 north of Fruitland Park to SR 25 south of Fruitland Park and requested that proper signs be installed.
licenses and permits
L. E. Brown, Attorney, appeared before the Board regarding the application of Rosey D. Marks for a permit to operate as palmist in Lake County. Mr. Watkins stated that letters have been sent out to all listed references and to the Sheriff Departments of Lake and Sumter Counties. He informed the Board that the Lake County Sheriff’s Department has some information on the applicant that they would like to investigate further. The Board postponed consideration of this application until the next Board meeting on March 9, 1973.
Ed Zagar of the Florida Game and Fresh Water Fish Commission and Delos Kane, Lake Improvement Association, appeared before the Board and recommended that the Board of County Commissioners and the Game and Fresh Water Fish Commission engage in a cooperative seining program on Lakes Griffin, Carlton, Dora, Beauclaire, Harris, and Eustis to remove the rough fish from the lakes and presented an agreement regarding same. This agreement provides for a total of 150 seine hauls within a 12 month period. The operator will be paid $100 per seine haul plus 1 ½ cents per pound for the rough fish. The estimated cost of the program is $22,500; Lake County and the Florida Game and Fresh Water Fish Commission to equally share the expense of the program. On a motion by Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board accepted the agreement as presented and adopted a resolution requesting the Florida Game and Fresh Water Fish Commission to cooperate in the program with Lake County.
On the recommendation of Mr. Kane and on the motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved the expenditure of $1,274 in cooperation with the Florida Game and Fresh Water Fish Commission in construction of forty fish attractors in Little Lake Harris.
Mr. Kane asked the Board to send a request to the Florida Game and Fresh Water Fish Commission to restrict commercial fishermen from placing fishing lines within 150 yards from the shores from sunrise to sunset. Commr. Carson informed Mr. Zagar of the Game and Fish Commission that the Board previously sent the Commission a request regarding same. Mr. Zagar stated that he will check into this with the Commission at the March 16 meeting in Tallahassee.
Sheriff Bliss came before the Board and asked the members to consider a supplement for additional personnel and equipment to upgrade his department. The Sheriff introduced Stephen A. Hall, a technical advisor on budgeting and instructor at Rollins College, who explained the increase and stressed the needs of the department to the Board members. The Board members felt that they needed more time to study this request so postponed further discussion until the meeting of March 13, 1973.
Sheriff Bliss presented Mr. Joe Carter, a private criminal justice planning consultant from Brevard County. He explained to the Board that the Law Enforcement Assistance Administration through the Florida Governor’s Council on Criminal Justice is making available federal grants to assist the local governments in the improvement of criminal justice. The Chairman requested Mr. Flynn, Planning Director, to work with Mr. Carter on this and make his recommendation to the Board. Later in the day, on the recommendation of Mr. Flynn and on the motion of Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried, the Board adopted a resolution authorizing the Chairman to file an application for a grant to assist in defraying the cost of a Lake County Criminal Justice Planning Study, making no commitment to any specific program.
recess and reassembly
The Chairman announced that the Commissioners will eat lunch at the Fiesta Restaurant and invited members of the press and public to join them on a Dutch-treat basis. The meeting recessed for lunch at 12:35 p.m. and reconvened at 1:30 p.m. to take up the remaining items of business.
outdoor recreational facilities
Mr. John Krider, Executive Manager of the Sanford Chamber of Commerce, appeared before the Board and asked the Board’s help in a Lake-Seminole joint project in creating a state park on the Wekiva River from the St. Johns River to SR 46. After discussion of same, the Chairman appointed Commr. Windram and Commr. Hoskinson to work with Mr. Krider on this project.
On a motion by Commr. Windram, seconded by Commr. Carson and unanimously carried, the Chairman was authorized to sign the 1972 and 1973 landfill budgets which are submitted to the Health Department in Jacksonville.
planning and zoning
It now being the time advertised to consider applications for changes to zoning classifications and on recommendation of the Planning and Zoning Commission and on the motion of Commr. Carson, seconded by Commr. Windram 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 to the classifications designated after each description:
PUBLIC HEARING #2-73-2
Legal Description: Sec. 15, Twp. 20S, Rge. 24E. Lots 1, 2, 3, 12, 13, 14, 15 & 16 in Block R and Lots 9, 10, Block K, according to the plat of Okahumpka, filed August 1, 1887, recorded in P. B. 1, Page 38, Public Records of Sumter County, Florida/Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-1-7 to R-1-5.
public hearing #4-73-1
Legal Description: Sec 12, Twp. 18S, Rge. 24E. East ½ of NW ¼ of SW ¼; North ½ of SW ¼ of SW ¼.
CHANGE IN ZONING CLASSIFICIATION: The Zoning Classification is hereby changed from Rural Residential to Agriculture.
public hearing #5-73-1
Legal Description: Sec. 33, Twp. 18S, Rge. 24E. From NE Corner of SE ¼ of SE ¼ run South 505 ft., West 210 ft. for POB. Run North 210 ft., West 423.53 ft. South 210 ft. East to POB.
CHANGE IN ZONING CLASSIFICIATION: The Zoning Classification is hereby changed from R-1-7 TO C-2.
public hearing 7-73-5
Legal Description: Sec. 28, Twp. 188S. Rge 26E. That part of Government Lot 7 lying North of SR 452, South of Lake Yale, Less the West 600.5 ft. lying North of SR 452.
CHANGE IN ZONING CLASSIFICIATION: The Zoning Classification is hereby changed from Agriculture to R1-15.
public hearing #8-73-3
Legal Description: Sec. 11, Twp. 22S. Rge. 26E. Begin 999.19 ft. Weest fo the Southeast corner of said Section run NW’ly along ditch to highway; thence SW’ly along highway to Pine Island Road; thence SE’ly along road to ditch; thence NE’ly along ditch 267.73 ft. to the POB.
CHANGE IN ZONING CLASSIFICIATION: The Zoning Classification is hereby changed from LM (Light Manufacturing) to Agriculture.
public hearing #9-73-2
Legal Description: Sec. 18, Twp. 20S, Rge. 24E. The West ½ of NW ¼, less the North 50 ft.
CHANGE IN ZONING CLASSIFICIATION: The Zoning Classification is hereby changed from Agriculture to M-1 (Heavy Industrial District).
public hearing #11-73-1
Legal Description: Sec. 12, Twp. 19S, Rge. 25E. From Center of Section run South 930 ft. to North boundary of Layton Street. Westerly 1100 ft. for POB; North 200 ft., West 200 ft.; South 200 ft.; East 200 ft. to POB.
CHANGE IN ZONING CLASSIFICIATION: The Zoning Classification is hereby changed from R-1-7 to R-1-5.
Included in the foregoing motion was approval of Conditional Use Permits 394-4, 397-2, 399-1 and denial of zoning cases 1-73-2, 6-73-1, 3-73-5 and 13-73-4.
On recommendation of the Planning and Zoning Commission and on the motion of Commr. Carson, seconded by Commr. Windram and unanimously carried, Zoning Case #223-72-1 was postponed until 2:00 p.m. on March 20, 1973.
On a motion by Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board approved the applicant’s request to withdraw Zoning Case #12-73-3.
planning and zoning (cont’d)
Conditional Use Permit 398-3 was called for public hearing, and the Chairman called for interested parties to be heard.
Franklin Pierce, Jr., Mayor of Montverde, appeared before the Board and presented a petition signed by residents of the town of Montverde protesting the Conditional Use Permit. He stated that the additional families would place a burden on the small community of Montverde.
The Board asked Mr. Flynn, Planning Director, to give a brief explanation to clarify the purposes and terms of the Conditional Use Permit requested by Lykes-Pasco Packing Company for a cluster housing camp for agriculture labor.
Bill Fussell, representing Lykes-Pasco Packing Company, appeared in support of the CUP. He stated there is a shortage of housing in this area for migrant workers. He further stated that the planned fifty mobile home development is completely surrounded by property owned by the Lykes-Pasco Company. Mr. Fussell asked that paragraph 2a of the Conditional Use Permit be changed to allow 12’ x 60’ mobile homes instead of 12’ x 52’ mobile homes having a minimum living area of 850 Sq. feet, of which 300 sq. ft. screened area may be included. Mr. Flynn stated that the Board has the power to grant variances in Conditional Use Permits. It was the Attorney’s opinion that when you increase the size of the living area, it is just as restrictive as requiring the 300 sq. ft of screened area.
Commr. Carson moved that the recommendation of the Planning and Zoning Commission be upheld and paragraph 2a of the Conditional Use Permit be changed to read: “Fifty pads for minimum of 12’ x 60’ mobile homes.” Commr. Windram seconded the motion. Commr. Hoskinson and Commr. Burhans voted no. The motion was carried.
Conditional Use Permit 360-3B for expansion of a sand mining operation was called for public hearing, and the Chairman called for interested parties to be heard.
L. E. Taylor, Attorney for San Rok Materials, appeared and stated that the wording in paragraph 12 of the CUP pertaining to the performance bond is not applicable in this particular situation. He further stated that he would like the minutes of the meeting to reflect that an agreement was worked out with the abutting property owner that San Rok would continue to recognize their right of access to their property. Mr. Taylor asked that the language in paragraph 7 be changed from “County Road” to read “Clay Road” because it could provide evidence should litigation develop over road ownership in the future.
Richard Triesman appeared representing the property owner Mr. John Tiedtke. He stated that if the County has any interest in this road, he feels that it is by prescriptive rights, because the road was not dedicated to Lake County. Mr. Triesman stated that his client is presently working with Lake County to dedicate a road to the east of the present property and would ask at the time of such dedication that any prescriptive rights the County has in the existing clay road be released by Lake County. He stated that his client has no intention of litigating the issue but does want the road to remain status quo.
Commr. Windram moved to postpone the applicant’s request until 2:00 on March 9, 1973 so that the applicant, owner, attorney, and planning department can draw up conditions that are applicable and acceptable to all parties involved.
Zoning Case 10-73-3 was called for public hearing, and the Chairman called for interested parties to be heard.
E. H. Belau, applicant, appeared in interest of the rezoning request. Commr. Hoskinson informed the Board that Mr. Belau has six acres of groves east of Tavares and would like to place a mobile home on the property for his use. He had asked for the property to be rezoned from R-1-7 to R-3, which was denied by the Planning and Zoning Commission. Under R-3 zoning, the property could be used as a mobile home park, which was not the intent, so Mr. Belau has now requested that the property be rezoned to agriculture which permits one trailer on five acres of land. On the recommendation of the Attorney and on the motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board referred this request back to the Planning and Zoning Commission for readvertising and rehearing.
maps and plats
The County Attorney stated that he met with the County Engineer, County Planner, and Commr. Hoskinson regarding the unrecorded plat of Sunset Groves Subdivision as requested. He informed the Board that in 1962 when the Subdivision was first recorded, there was a local plat law and a state plat law, and in his opinion, the map that was recorded and the sales that were made pursuant to the map were in violation of both the local and the state plat laws. The Attorney recommended that the Subdivision developer, Mr. Vann, be required to follow the assessor’s plat procedures whereby he hires an Engineer or surveyor to make an assessor’s plat showing the dimensions of the lots, properly record same, and reissue corrective deeds using the assessor’s plat, stating on each deed that it is the corrected deed and then dedicate a road easement. The Attorney also recommended that no further sales be allowed until this procedure has been completed. On a motion by Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried, the Board authorized the Attorney to tell Mr. Vann to follow the assessor’s plat procedure as outlined by the Attorney and give him 60 days to comply with same.
Mr. Bill Foster, property owner in the subdivision, appeared before the Board and stated that he has title insurance on the property and requested a building permit be issued so he can proceed to build. The Attorney recommended that the Board does not issue any building permits until the assessor’s plat is recorded or at least until the subdivision developer has notified the Board in writing that he is going to give an assessor’s plat employing an engineer or surveyor and the engineer/surveyor notifies the Board that he has been employed to do the plat. The Chairman so advised Mr. Foster.
roads – state
Bob Dunson of Mt. Dora appeared before the Board and requested that some type of sign be erected along Lake Shore Drive east of Tavares to the railroad at old SR 500 to protect the bicyclists, pedestrians and children from speeding motorists. This matter was referred to the Engineer.
road and bridge department
The County Engineer reported that the Road and Bridge Department filled in a break in the dike across the canal coming out of Lake Yale as an emergency measure. On a motion by Commr. Windram, seconded by Commr. Hoskinson and unanimously carried, the Engineer was authorized to obtain the necessary easement in order to properly repair the dike.
The Engineer requested that the trash pit near the mosquito control site be closed and notice be posted notifying the public to use the Astatula landfill, effective March 1, 1973. On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the Engineer to close the site and post appropriate notice as stated.
right of way easements
The Engineer presented a letter from Robert A. Stebbins, Attorney, concerning a drainage easement, County Road 4-6172 to Clear Lake. Mr. Stebbins advised the Board that his client, Mrs. Frank Koss, wants this matter settled by either having her easement returned or the drainage line moved to within the boundary of the easement at the County’s expense. Commr. Windram stated that the drainage pipe also crosses the property of an adjoining neighbor, and he strongly objects to the movement of the pipe to the easement. After a discussion regarding this problem, Commr. Carson moved that the Board take no action at this time. The motion was seconded by Commr. Burhans and unanimously carried.
laws and legislature
Dan Roebuck, Attorney, stated that the Board is required to notify the governor if they implement Chapter 72-587, an act amending Chapter 57-1486, Laws of Florida, providing for the appointment of members to the Board of Zoning Appeals by the Board of County Commissioners. On a motion by Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized the Clerk to inform the Governor that Lake County has adopted a resolution to implement the act.
planning and zoning
Dan Roebuck notified the Board that the Silver Lake Association intends to ask the local legislative delegation at the local bill hearing on March 1, 1973 in Leesburg to enact a zoning district for this area which has zoning powers and which would take away all the County’s zoning powers in the Silver Lake area.
suits affecting county
On a motion by Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized Mr. Ford, County Attorney, to defend the County in the law suit filed by Theodore E. Carr, Sr., Petitioner, vs. the Board of County Commissioners of Lake County.
Mr. Ford presented a proposed ordinance drafted by Dr. Bradley, Director of Lake County Health Department, pertaining to rules for food service establishments in Lake County. The Board asked the Attorney to review the proposed ordinance.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and unanimously carried, the action of the Chairman and Clerk in granting petition to the W. T. Edwards Tuberculosis Hospital was approved for Johnnie Thomas.
bonds – misc.
On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved bonds for carrying firearms for the following:
Maurice W. Rolfe
Carl E. Hale
Daniel A. McClellan, Jr. (2)
Richard J. Summerlin
On a motion by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved the bond for S. L. Kilgore, member of the Northwest Lake County Hospital District.
On a motion by Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried, the Board approved Deputy Sheriff bonds for the following:
George S. Horsford, Jr.
Foy G. Shivers
Stephen J. Simon
On a motion by Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried, Contractors’ Bonds for Certificates of Competency were approved for the following:
#101-73 B&B Plumbing
#341-73 Maynard Burgess (Building)
#419-73 G. W. Matheny (Specialty)
#978-73 Calvin Kenneth Southwell dba Ken’s Plumbing, Inc.
#979-73 Melvin Bradley Tennant (Aluminum)
#980-73 Kenneth W. Schraw dba Wood & Hagen Enterprises
#981-73 V. B. Hall dba V. B. Hall & Son (Carpentry)
#982-73 Anderson Benn (Masonry)
Commr. Hoskinson informed the Board that he received a complaint from the Mascotte City Attorney regarding the fees at the County landfill. The Board placed a moratorium on charges at the landfill for all municipalities until set rates can be established.
On a motion by Commr. Hoskinson, seconded by Commr. Windram and unanimously carried, the Board approved the purchase of a filing cabinet for Judge McCormick’s office in the amount of $212 from F & R Office Supply, Inc., Orlando, FL.
On a motion by Commr. Carson, seconded by Commr. Windram and unanimously carried, the Board approved purchase of 3,000 civil action case binders for a total of $717 from Bowen Supply Company, Inc. for the Clerk’s Office.
On a motion by Commr. Windram, seconded by Commr. Hoskinson and unanimously carried, the Board approved the employment of Mr. and Mrs. Arthur Howe at the Juvenile Shelter at an annual salary of $5,800, effective February 15, 1973.
There being no further business to bring before the Board, the meeting adjourned at 6:00 p.m.