MINUTES OF SPECIAL MEETING OF THE BOARD OF COUNTY commissioners
ON TUESDAY – JUNE 23, 1959
The Board of County Commissioners met in special session in the County Commissioners’ room in the Courthouse on Tuesday, June 23, at Tavares at ten o’clock for the purpose of hearing the pros and cons of the proposed Zoning on the area between the Orange County line of the proposed 441 highway and the “Dream Boat Corner,” and such other matters as may be brought before the Board, with the following present: Chairman Simpson, Commissioners Theus, Bishop, Cross, (Cowart out of State on business) Attorney Duncan and Clerk Owens. Attorney W. B. Hunter and John W. McCormick, representing some of the property owners in the area; a delegation of citizens in the area; Mr. French, Chairman of the Zoning Commission, members Mr. Kilgore, Mr. Dillars, Mrs. J. D. Duncan, substituting for Mr. Caldwell, Miss Reba Harris, Secretary and Mr. Goodson, County Engineer; Everett Huskey, heading the Eustis delegation.
Board called to order at 10:30 by Chairman Simpson, who announced the meeting was called for the purpose of hearing the pros and cons of the proposed Zoning on the area between the Dream Boat Corner and Orange County line on the proposed 441 highway.
After introduction of the various people present, or groups of people, Mr. French announced no changes have been made on the original recommendation that the road be zoned for residential purposes. No other recommendation at this time.
Mr. Huskey, President Eustis Chamber of Commerce, addressed the audience, stating a meeting was called in Eustis with 35 or 40 people present, and they went on record opposing this tract of land around Mount Dora to the Dream Boat Corner as being zoned residential and that it be zoned restricted commercial. Mr. Larry Hughes, Mayor Commissioner of Eustis, concurred in what Mr. Huskey stated. Mr. Bob Moore, of Florida Power Corporation, stated he owns no property in the area in question, but thinks it should be commercial for commercial would serve this part of the County better than residential. Mr. Doug Igou, owner of 9 acres at the interchange, thinks the area should be commercial. Mr. Edwin Mead, speaking personally, and not for the bank, thinks it would be injurious to the public to zone this area residential. Mr. R. D. Flippo, speaking personally stated he does not own any property along the proposed highway, but concurs with Mr. Huskey, and thinks should zone on commercial basis. Mr. George Daugherty, owner of 500 acres along SR 19, asked what is the purpose of zoning a 4-lane highway of this type residential, and not zoning it all commercial? Mr. French stated it is not our intention to do anything to jeopardize anyone one. At the present time if property owners come before the Zoning Commission with a request, the request would be considered. Mr. Daugherty continued. As a property owner we have one big block of land for residential. Restricted commercial would certainly bring more people in and more taxes. Mr. Schneider stated – I think it would be unfair to a party who would buy land along this highway restricted to residential and then have it changed to commercial, but should be zoned now to restricted commercial. Mr. Squibbs spoke in favor of the area being commercial. Mr. Huskey stated we appreciate what the Zoning Commission has done, but feel like zoning this area restricted commercial would be better and request to have this area zone destined commercial would be better and request to have this area zoned restricted commercial.
Mr. Duncan asked if any more in the audience own property along this highway and would like to be heard: Mr. W. M. Rose, Mt. Dora, said he thinks should be commercial. Mr. W. A.. Testrake, Mt. Dora, Lake Franklin Park, wants it to remain residential. Mr. Edwin Martin, Lake Gertrude Manor, wants the areas zoned for residential only, from old skating rink to Gertrude Manor. Mr. F. M. Sebring, Lake Louise, wants the area zoned residential. Mr. Duncan stated any business already established cannot be affected by the Zoning Regulations. Mr. Hugh Leaming, property owner, Gertrude Manor, stated it would be a detriment to all of us to zone restricted commercial. Mr. W. B. Hunter, Trustee of an estate, and also representing Mr. Jack Heist, property owner, cited case law in Florida. Mr. Hunter concurs with ones desiring restricted commercial and asked on what theory is this territory being zoned at the present time. Think it is a mistake to zone all residential, speaking for both clients. Mrs. E. Romaine wants the area residential, also Mr. George Younger, Gertrude Manor. Mr. Duncan asked for show of hands of those who want the area zoned residential – a 500 foot strip on each side of the proposed highway 441 from Dream Boat Corner East around Mount Dora to Orange County line. 23 persons raised their hands. Mr. H. K. Shore, Rainbow Ridge, South end of East Crooked Lake, between East Crooked Lake and Lake Gertrude Manor should be kept for residential. Mr. Melvin Vincent, Lake Louise, thinks should be considered in sections. Mrs. Duncan asked can this be done in sections until this is a definite route. Mr. Duncan stated it can be in the area. Mr. D. Igou said it should be held up on zoning until the road is there, and not restricted either way.
At this time, Mr. Duncan announced he would like to hear from the public organizations present. Mr. W. D. Patton, Mayor of Mount Dora, stated a poll of his city council favored restricted commercial zoning north and east of Mount Dora. Mr. Duncan read a letter from Chamber of Commerce Highway Committee, Mount Dora. Mr. Duncan read a letter from Chamber of Commerce Highway Committee, Mount Dora, requesting the territory to be zoned commercial. A letter from Edwin R. Waite and wife requesting that their property in El Bonito Subdivision be zoned as business property was read. Telegram from City of Leesburg Planning Commission commending work of County Planning Board was read. Mr. John McCormick, attorney representing 10 or 11 property owners along the Highway recommended that the area be tabled until more is known about this. He disapproved of residential zoning.
Mr. French said they could not zone commercial until such time as had a basis on which to work. Can be changed or amended at any time.
Mr. L. B. Ritter, Pres. Sylvan Shores Property Owners’ Committee stated we want zoning in effect as quickly as possible and recommend that the Commissioners accept the plans of the Zoning Commission.
Mr. Duncan turned the meeting over to Chairman Simpson who adjourned the meeting until 2:00 P.M. for lunch, at which time the Zoning Commission will meet with the Board of County Commissioners.
Meeting reconvened at 2:00 o’clock PM with the Zoning Board.
Board called to order by Chairman Simpson.
Paul Reed, newly appointed Tax Collector, who has been appointed in place of Mrs. Pearl L. Cullen, who resigned effective July 1, 1959, appeared before the Board and presented his bond for approval. Bond in amount of $30,000.00 with American Surety Company of New York. Beginning as of July 1, 1959. Bond approved by the Board.
Clerk Owens read quotations from the following on typewriters.
Leesburg Typewriter Service – Leesburg
New Smith-Corona Electric Typewriter
13” carriage each $355.50 2 for $711.00
Less trade-in Royal 61.00
William J. Rumley Business Machines – Leesburg
New Electric Royal 13” carriage – each $355.50 2 for $711.00
Less service allowance $12.50
Less trade-in Royal $70.00
Mr. Paul Reed was present when the above quotations were opened and read. He stated they want the Smith-Corona, WHEREUPON, on motion of Commr. Bishop seconded by Commr. Cross, the Board accepted the offer of Leesburg Typewriter Service to furnish Lake County one Smith-Corona Electric Typewriter for the price of $355.50, less trade-in one Royal typewriter at $61.00.
Clerk Owens filed the following on Road SR 44 – from 437 to Cassia:
Right of Way Contract in quadruplicate
State Road Department Resolution
County Commissioners Resolution
Sepia and prints of map of survey and location
Motion by Commr. Cross seconded by Commr. Theus and carried, that the following Resolution be adopted:
WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 11110, State Road 44, extending from State Road 437 Easterly and Northeasterly to Cassia, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County and in the office of the said Department at Tallahassee; and
WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now, therefore, be it
RESOLVED that the State Road Department of Florida be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation from such funds and under such conditions are set out in the contract hereto attached; and be it further
RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further
RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings and prosecute all condemnation proceedings to judgment; and furnish to the Department the Abstract search provided for in said Contract.
Commr. Theus filed $30.00 in cash collected from Donald Sheffler for paving.
Commr. Bishop stated the Countywide-owned roller needs repairs and his foreman wants to know if he should have it fixed. Motion by Commr. Bishop seconded by Commr. Theus and carried, that Steve Pemberton, Road Foreman District No. 3, be authorized to have the roller repaired, bill to be paid Countywide.
(FOR MEETING WITH THE ZONING COMMISSION SEE NEXT PAGE)
At this time Mr. French suggested that in order to get these Zoning Regulations into full force and effect that the Commissioners accept our Resolution as it stands and set an effective date; then if there are portions of the Road 441 that should be in commercial zoning or even in agricultural zoning, then we would have something to consider. As it stands today, we do not have anything on the program as I see it. I may be wrong though.
Mr. Goodson read R-1-A rural residential zoning.
Mr. McCormick stated if it must be zoned, the 500 foot strip should be commercial. Prefer not be zoned at all.
Mr. Goodson displayed a sketch of the proposed road.
Rep. Reedy said after the Legislature ended, I was here when the Appraisers presented maps and appraisal on the road, and have talked with Mr. Davis, Road Board Member, Mr. Green and Governor Collins and they have every intention of letting the contract on this road in July and are working to get this road ready to be let in July.
Mr. French again urged the Board to accept the Resolution as it was presented in its entirety and set an effective date for it and let that date be the date the Governor appoints the Appeal Board, then we would have a date to work on. Mr. Simpson said if it is so easy to change after adoption, could it be submitted differently from worded now? Mr. French said Zoning Commission does not have a quorum present.
Mr. Theus stated inasmuch as at the hearing on June 3rd we had nothing but commendation and have been assured by the Zoning Commission and by our Attorney that the Regulations are most flexible and we want to treat the people fairly all over the County, I think that the Board of County Commissioners should go along with the Zoning Commission and accept the Zoning Regulations in toto as they prepared it and rely on the fairness of the Zoning Commission, therefore, I move that the Rules and Regulations and the map prepared by the Zoning Commission be accepted in toto with the understanding that the present zoning regulations applicable to the area in question shall not be permanent, but may be changed as the situation may require or seem expedient.
Mr. Cross stated at the meeting in Eustis property owners were not present or represented. Should have the owners present today. If they are fully represented and they also want it changed, I think we ought to ask the Zoning Commission to reconsider. The Chairman called for a second to Mr. Theus’ motion. Motion then seconded by Mr. Bishop, who stated if this is flexible, we can deal with that and get this on the road.
Mr. Simpson stated that the zoning on 441 affects Districts three and four and these Districts are going to be charged for procuring rights of way, so do we want to sit here and vote on something that will cost a lot of money for years to come, or should we request the Zoning Commission, after hearing all of this, to delete this piece. Mr. Bishop stated I did not mean to second a motion that it stay commercial all the time. Mr. Theus then stated he would include that in this motion, as I do not think it hurts the man in residential, but think he is well protected. Mr. French asked the attorneys – Mr. Hunter and Mr. McCormick – “If you gentlemen have objections.” Mr. Hunter stated he has objections – as far as the property I represent – I ask that it be zoned commercial limited and never residential. Mr. Goodson suggested that the map be taken under review, call a meeting of Zoning Commission and come back with further recommendations. This suggestion met with approval by Mr. Hunter and Mr. McCormick.
Mr. Simpson stated we have a motion duly seconded by this Board of County Commissioners. Mrs. Duncan stated if there is a delay for considering this, how could we say when to draw the line. Mr. French stated when this is accepted by the Board of County Commissioners any one can appear before the Zoning Commission and request that they be rezoned, if they refuse, can appeal to the Adjustment Board, then can come back to the County Commissioners.
At this time, Mr. Reedy stated he has just contacted Mr. Green in regard to Road 441 and he said he has written a letter to Mr. Duncan about the changes in the road and as soon as rights of way are procured, will let the Contract.
Mr. Simpson stated have a motion before the Board. Mr. Theus are you ready with the motion? Yes. Mr. Bishop are you ready with the second? Yes. Mr. Kilgore suggested that the Board adopt our Regulations without any exceptions. Mr. Simpson called for vote by Districts.
Mr. Hunter stated he is willing to give written petition that the Zoning Commission reconsider this think in regard to this strip of land. Mr. McCormick stated he will join with Mr. Hunter in this petition.
Mr. Simpson again announced still have a motion before the Board. All in favor of the motion vote by Districts. Clerk Owens called for District votes, which were as follows:
District No. 1 Yes
District No. 2 Absent
District No. 3 Yes
District No. 4 No for the reasons I have stated
District No. 5 No
Clerk Owens announced the motion tied. Not carried.
Mr. Duncan announced that we having adopted the Zoning Regulations with exceptions, we have a right to ask them to reconsider. The Adjustment Commission will hear individual complaints and will have a right to overrule the Zoning Commission.
Mr. Kilgore sated I am not willing to accept as fact the statement that the County Commissioners did not accept the report as submitted.
Mr. Cross stated – I move that the Zoning Regulations pertaining to that portion of property heretofore excepted from the acceptance of the Rules and Regulations of the Zoning Commission be referred back to the Zoning Commission for reconsideration in the light of objections made by the County Zoning Director to zoning, said are for residential purposes only. Motion seconded by Commr. Bishop and carried.
Mr. French asked can the continuing body of the Zoning Commission be members of the Adjustment Board. Mr. Duncan advised that members of the Zoning Commission should submit their resignation to the Board of County Commissioners if appointed on the Adjustment Board.
Mr. French requested if you are going to give this consideration, that we be supplied with the list of the property owners along the land in question. I would like for these people to be notified by letter that this strip of land along the proposed highway is under consideration for the purpose of reconsidering zoning that we have recommended, and that you give us the legals of the property they own on the highway and request for zoning whether residential or commercial. They should express themselves in writing, or come to the meeting, as to how they want it zoned. This is the only way I can see we can make any changes – by petitions of property owners. If this meets with the Board’s approval, we can get out notice to the property owners if the Board authorizes us to proceed along that line. Mr. Duncan gave the list of persons owning property along the highway to Mr. French. Mr. French asked that the Attorney for the Board write the Zoning Commission a letter requesting reconsideration of this area, WHEREUPON, on motion by Commr. Cross seconded by Commr. Bishop and carried, Mr. C. E. Duncan, Attorney for the Board, was authorized to write the Zoning Commission requesting reconsideration of zoning in this area.
Clerk Owens asked for authorization to make a transcript of the records of the two meetings with the Zoning Board. Chairman Simpson called for a motion, WHEREUPON, Commr. Theus made a motion that the Clerk be authorized to give the Zoning Commission a copy of the minutes of the two meetings. Seconded by Commr. Bishop. On call for vote by Districts, the following votes were cast:
District No. 1 – yes
District No. 2 – absent
District No. 3 – yes
District No. 4 – yes
District No. 5 – no
(SEE TRANSCRIPT OF RECORD FOR MINUTES IN DETAIL)
/s/ Frank E. Owens /s/ O. M. Simpson