MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 MONDAY – march 11, 1968

A regular meeting of the Board of County Commissioners of Lake County, Florida, was held Monday, March 11, 1968, in the Commissioners’ Room in the Courthouse, Tavares, Florida at 10:00 a.m. with the following members present:  H. A. Babb, Chairman; Commrs. Theus, Cowart and Dykes; and Thomas J. Windram.  Others present were Clerk Owens, Attorney Duncan, Engineer Hays and Planning & Zoning Director Webb.

The meeting was called to order by the Chairman, and the invocation was given by Mr. Webb.

county commissioners

Clerk Owens announced he is in receipt of a telegram from the Secretary of State advising, “Commission for Thomas J. Windram as County Commissioner, District Four, Lake County, has been signed by the Governor and mailed today,” whereupon, Mr. Owens administered the Oath of Office to Mr. Windram and declared him a member of the Board.

bids

It being the time advertised to receive bids on the following, the Chairman instructed the Clerk to open and tabulate the bids, whereby Clerk Owens reported receiving the following bids:

ELECTRIC ACCOUNTING MACHINE

National Cash Register Company      $8,255.00

On a motion by Commr. Dykes, seconded by Commr. Cowart and carried, the bid of National Cash Register Company was accepted.

PAINTING AND REPAIRS TO JUVENILE SHELTER

Sterling Huggins

Johnny Johnston Painting Contractor

Herbert Sumner

Shirley J. Sadler

On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the bid of Herbert Sumner in the total amount of $2,005 was accepted as the lowest and best bid.

indigent list

On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the following changes were approved to the present indigent list:

District No. 1 – Cancel Creasy Gentry and Thedie Naylor

Districts No. 2, 3, 4, and 5 – No Change

public health

Mrs. Esther Lackey of Astor was present.  Engineer Hays explained Mrs. Lackey is here with reference to water and sewage requirements in subdivisions.  After discussing Mrs. Lackey’s problems and the proposal accepted by the Board on March 4, 1968, the Engineer submitted a recommendation for amendment to the requirements as adopted.  A motion was made by Commr. Theus, seconded by Commr. Windram and carried that the resolution as adopted on March 4 pertaining to the water and sewage requirements be amended as recommended by the Engineer.

Paragraph No. 2:  No lot shall be less than 12,500 square feet in area.

Paragraph No. 4: ADD – that the owners of the subdivisions listed shall give a report to the Board of the progress made as of this date; that they shall have until April 1, 1969 to present plats for approval, at which time if not completed, the Board will extend the time for the completion of the subdivision for another year, provided certain progress is made; and another report of the progress shall be made at this time.

(This resolution was further amended on April 1, 1968)

road maintenance – subdivisions

The Engineer was instructed to survey the access road into Mrs. Lackey’s subdivision.  Mrs. Lackey advised the County has not maintained the road all the way to the river.

Chairman Babb discussed the Board’s position of maintaining roads in subdivisions where the owner sold lots with the understanding that the roads would be maintained.  Attorney Duncan said the Board has no authority over any property that is not in the County unless there is a Special Act.

road closings

Roy Christopher, Attorney, appeared relative to a petition to close portions of two streets in Sorrento on which action was deferred at the last meeting.  No one having appeared to object to the closing, a motion was made by Commr. Cowart, seconded by Commr. Windram and carried that the Board adopt a resolution closing the following described streets:

Pine Avenue from Vine Street eastward to Florida Hwy 437, also known as Averill Street

Franklin Avenue from Vine St. eastward to FL Hwy 437, also known as Averill Street

Attorney Duncan presented the petition of James F. Rumford, President, Grand View Greenhouses, Inc. to close a portion of Canal Street in Stone Mountain Estates Subdivision.  On a motion by Commr. Cowart, seconded by Commr. Dykes and carried, a resolution was adopted accepting the petition and authorizing a public hearing for April 8, 1968.

It now being the time advertised to hold a public hearing to consider a petition to close streets in Haselton Height, and no one appearing to object to the closing, a motion was made by Commr. Theus, seconded by Commr. Dykes and carried that the Board adopt a resolution closing the following described streets:

Center Drive as the same appears upon the Plat of Haselton Heights, which Plat is filed and recorded in public records of Lake County, Florida, in Plat Book 13, Page 83.

ALSO:  An undesignated continuation of Center Drive to the Southeasterly to intersect with Ruth Avenue according to the Plat of Haselton Heights above described.

The Engineer informed the Board when the streets in Paisley are closed as petitioned by Grace Parker and Harley Morse, substandard lots will be created.  Chairman Babb said this will be considered at the time of the hearing on the closing of the streets.

water pollution

Richard H. Langley of Clermont appeared with reference to the pollution from a muck farm into Lake Minneola.  Mr. Langley asked for Board action to activate the law to create an air and water pollution control board.  Attorney Duncan advised that there are no funds available, and although the board members would serve without pay, the law does call for a Director who will be salaried.  On a motion by Commr. Theus, seconded by Commr. Windram and carried, a resolution was adopted activating an air and water pollution control board under Chapter 67-1608, Florida Statutes.

Mr. Webb recommended that Lake County obtain certain information, maps and other data from the state agency spearheading the water pollution survey program before the County expends funds on this project.   Clerk Owens advised Mr. Sheffield was unable to be present today; also, that the Oklawaha Water Authority has agreed to go into this program with Lake County on a 50/50 basis.

zoning

Johnny Rich appeared and stated he has complied with the regulations requiring the junk yard operators to erect a fence around the junkyard and asked why the other operators have not been forced to comply with the regulations.  On a motion by Commr. Dykes, seconded by Commr. Windram and carried, the Attorney was instructed to institute the proper legal action to force the junkyard operators to comply with the regulations.

A letter from Charles F. Whitcomb, Jr. requesting land owned by him be zoned agriculture was referred to the Tax Assessor.

e. central florida regional planning council

Mr. Al Rehbaum, Jr. was present and introduced Mr. Gordon Wagner, Chairman of the E. Central Florida Regional Planning Council.  Mr. Wagner thanked the Board for appointing Mr. Dykes to represent Lake County on the Council and for allowing Mr. Webb to attend the meetings.

law library

Chairman Babb appointed Commr. Theus to serve on the Law Library Board in place of Mr. Dykes, who is now serving on the E. Central Florida Regional Planning Council.

resolutions not classified elsewhere

On a motion by Commr. Theus, seconded by Commr. Cowart and carried, a resolution was adopted proclaiming the thirtieth of March of each year to be observed as “Doctor’s Day.”

On a motion by Commr. Theus, seconded by Commr. Dykes and carried, a resolution was adopted expressing the Board’s sorrow at the passing of William James Knight, father of Mrs. Jake Cowart.

A copy of a resolution adopted by the Planning and Zoning Commission relative to the death of Dewey H. Livingston was read and filed.

roads – county

On a motion by Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted prohibiting the dumping of garbage on County Road No. 5-5437 and other County roads and that anyone violating this resolution shall be guilty of a misdemeanor and prosecuted in accordance with law.

deeds

On the recommendation of the County Attorney and on a motion by Commr. Cowart, seconded by Commr. Dykes and carried, a deed was accepted conveying the following described property to Lake County:

GRANTOR:  Teamwork Foundation, Inc.

Lot 4 in Block “A” in Sun Eden, a subdivision in Lake County, Florida, according to the plat thereof recorded in Plat Book 12, Page 65, Public Records of Lake County, Florida, less the west 65 feet thereof.

On a recommendation of the Engineer and on a motion by Commr. Dykes, seconded by Commr. Theus and carried, the Chairman and Clerk were authorized to execute an easement to the Florida Power Corporation conveying the right to construct and maintain a power line at the site of the motor vehicle inspection station on McDonald Avenue in Eustis, more particularly described as follows:

The East 8 feet of the South 275 feet of the East 132 feet of the West 363 feet of the South ½ of the NW ¼ of the NE ¼ of Section 12, Township 19 South, Range 26 East. Herein referred to as Easement Area.

municipal corporations

The Engineer was instructed to survey and stake the streets in Fruitland Park that the town wants improved.

federal agencies

Clerk Owens presented a letter from the Lake County Economic Opportunity, Inc. together with forms designating a community action agency to serve Lake County.  Attorney Duncan advised it is necessary the Board recognize this organization or it will be taken over by the state.  The Organization for Economic Opportunity is trying to keep the local authorities in charge of money that is received and distributed.  The date for submitting the form is March 15, 1968.  Action on this was deferred pending further investigation.

recess and reassembly

The meeting recessed for lunch at 12:30 p.m. and reconvened at 2:00 p.m. to take up the remaining items of business.  Commr. Cowart was not present during the afternoon session.

fair

Bill Clements was present and announced the display of the new Fair Ground Complex will be displaced at the annual fair next week.  Mr. Clements invited the Board members to meet with the Fair Association on Friday to view the buildings on the present site.

W. H. Reedy was present and informed the Board that Charles Norris, President of the Fair Association, has requested him to approach Doyle Conner, Commissioner of Agriculture, for financial assistance on the proposed fair buildings.  Attorney Duncan advised Mr. Reedy that the Board has contacted Mr. Conner regarding assistance, and he replied the state has no funds available for projects of this type.

On the recommendation of Commr. Windram, the Chairman set a special meeting for Thursday, March 14, 1968 at 9:00 a.m. to hear all interested parties concerned with the construction of the fairground buildings.

maps and plats

Mr. E. T. Hall presented for approval the Plat of Mardon Acres in Paisley, owners Gordon J. and Margaret W. Zethmayr.  Attorney Duncan said Title and Trust Company of Florida Policy #10814 shows there are no encumbrances against the property.  The Plat consists of 45 lots and 50-foot roads.  There is an access road, and permanent street markers have been erected.  Letter from the County Engineer recommending septic tank type sewage disposal be allowed.  A motion was made by Commr. Dykes, seconded by Commr. Theus and carried accepting the plat for record.

Mr. Hall also presented the Plat of Gosport Mobile Home Park located in Sec. 33, Twp. 18S, Range 24E, owners Robert E. and Elsie R. Goss.  Attorney Duncan examined the title opinion of P. B. Howell, Jr., Attorney, advising the fee simple title is free and clear of all liens and encumbrances except for a first mortgage to Christ Schommer and Loretta Schommer, dated March 17, 1967, securing a promissory note in the principal sum of $17,000.  Mr. Hall submitted a certified statement from Mid Lakes Water Company, Inc. agreeing to furnish water and service to Gosport Mobile Home Park from a central water system across the street.  Letter from the County Engineer recommending that septic tank type sewage disposal be allowed.  On a motion by Commr. Theus, seconded by Commr. Dykes and carried, the plat was accepted for record.

Mr. Hall also presented the Plat of Wisconsin-Michigan Shores located in Sec. 31, Twp. 19s, Range 26E, owners Wisconsin-Michigan Corporation.  Letter from the County Engineer recommending that septic tank sewage be allowed.  The letter further states that street marker posts have been erected and the lots staked but the streets have not been developed.  Letter from the City of Tavares advising the City will furnish city water to the Subdivision.  On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the plat was approved for record.

inventory

On the recommendation of the Engineer and on a motion by Commr. Theus, seconded by Commr. Dykes and carried, the Board accepted an offer of $25 for two obsolete trucks stored at the Minneola Barn, serial numbers 4190-27223 and 4119-15004.

planning and zoning

It now being the time advertised to hold a public hearing for the purpose of considering proposed changes of the Rules and Regulations of the Lake County Planning and Zoning Commission, the Chairman called for interested parties to be heard.

There were no objections or complaint, and on a motion by Commr. Dykes, seconded by Commr. Theus, a resolution was adopted amending the Rules and Regulations as follows:

ADD TO CLASSIFICATION 4-3 (MOBILE HOMEPARK-SUBDIVISION)

PARAGRAPH B (USES PERMITTED) THE FOLLOWING:

“7.  Special Exceptions:  The following shall be permitted only after a public hearing as provided under Florida Statutes, Chapter 61-2374, Special Acts of 1961, and favorable action Thereon:

Single family dwellings, with 600 sq. ft. minimum living area.  This provision is intended as a relief measure for property owners within areas already developed with both single family dwellings and mobile homes.  No special exception shall be granted by the Board of Zoning Appeals unless it is found that such condition is actually in existence.”

There were no objections or complaints to the proposed changes and revisions of zoning of certain areas in Lake County, and on a motion by Commr. Dykes, seconded by Commr. Theus and carried, a resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following tracts of land, to the classification designated after each description:

1.     The S ½ of NW ¼ of SW ¼ of Sec. 27, Tp. 18 SR 24E; now classified and zoned as R-1-A (Residential), be and the same is hereby amended, changed and rezoned to Classification A (Agriculture and Rural Enterprises)

 

2.     Begin at the intersection of the Easterly line of Lot 1, Addition A of Silver Lake Estates, according to the plat thereof recorded in Plat Book 5, Page 41, public records of Lake County, Florida, with the South line of Sec. 16, Tp. 19 SR 25E, run thence West along the Sec. line 126.65 feet for point of beginning; thence continue along the South line of said Sec. 16 a distance of 341.87 feet, run thence North 13̊ 44’ East to the Southerly boundary of the right of way of US Hwy 441, run thence Southeasterly along said Southerly boundary 337 feet to a right of way monument for said highway, run thence South 14̊ 38’ West 67.65 feet, thence continue Southwesterly in approximately the same direction to the point of beginning, LESS: Any part lying within right of way of SR 500 (US Hwy 441);

now classified and zoned as R-1-A (Residential) be and the same is hereby amended, changed and rezoned to Classification C-2 (Commercial).

3.      The Southernmost 780 feet of the following described property:

That portion of the NW ¼ of the SE ¼ lying South of the right of way of Sunshine State Parkway;

ALSO:  That portion of the SW ¼ of the SE ¼ lying North of the right of way of US Highway 27; lying parallel with and adjacent to the North right of way boundary of US Hwy 27 (SR 25) in Sec. 22, Tp. 21 SR 25E;

now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification C-2 (Commercial)

4.     Beginning 50 feet West of the Southeast corner of the NE ¼ of the SE ¼ in Sec. 21, Tp. 21 SR 25E, run North to US Hwy 27, Northwesterly to SR 19, Southwesterly along SR 19 to a point West of Point of Beginning, East to POB; LESS:  Triangle in Northwesterly part of lot lying in US Hwy 27 right of way; ALSO LESS:  SR 19 right of way;

now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification C-2 (Commercial).

5.     From the Northwest corner of the NW ¼ of SE ¼ of Sec. 33, Tp. 18 SR 26E, run East 400 feet; run thence South to right of way of SR 44; thence run North 59̊ 51’ 30” West along said right of way to intersect West line of the NW ¼ of SE ¼; thence run North to Point of Beginning, LESS:  Right of way of ACL Railroad;

now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed, and rezoned to Classification C-3 (Commercial).

6.      Begin at a point 230 feet South of Northwest corner of NE ¼ of SE ¼ said POB being at the intersection of South line of Westmont Street and West line of said NE ¼ of SE ¼; run South to lake.  Begin again at POB; run thence East along the South line of Westmont Street to the East line of section; run thence South to South line of Ohio Street, thence West to West line of Cook Avenue, thence North 18̊ West 200 feet on West boundary of Cook Avenue; thence run South 73̊ 30’ West to lake, thence Northwesterly along and with the lake and canal to intersect first line.  LESS:  Any portion thereof already zoned R-3.  ALSO:  From the Northeast corner of NE ¼ of SE 1/4 , run South 933 feet to South boundary of Ohio Street, thence West 220 feet to West line of Cook Avenue for POB; thence run North 18̊ West 200 feet; thence run South 73̊ 30’ West to lake.  Begin again at POB and run thence South 10̊ 30’ West 300 feet; thence South 58̊ West 400 feet; thence North 32̊ West to canal; Northeasterly along canal and lake to intersect line first described.  All in Sec. 14, Tp. 19 SR 25 E;

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision)

7.     Tract 52 in Sec. 33, Tp. 22 SR 26 E, according to the Plat of Postal Colony Company as recorded in Plat Book 9, Page 65, public records of Lake County, Florida.

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

8.     That portion of the S ½ of the NE ¼ of SE ¼ lying West of US Hwy 27, LESS:  The Northerly 15 feet thereof; AND: That portion of the North 627.46 feet of the SE ¼ of SE ¼ lying West of the right of way of US Hwy 27; ALSO:  The North 627.46 feet of E ½ of SW ¼ of SE ¼; All in Sec. 35, Tp. 24 SR 26 E.

now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification C-1 (Commercial).

9.     That portion of the North ¾ of E ¼ of E ½ of NE ¼ , lying South of SR 44 in Sec. 2, Tp. 19 SR 25E; AND:  That portion of the NW ¼ lying North of Haines Creek and South of SR 44, in Sec. 1, Tp. 19 SR 25 E; LESS:  The North 420.76 feet of the West 390.39 feet of the East 780.73 feet of NW ¼ of NW ¼; ALSO LESS:  Any part lying in Haines Creek Heights, 1st and 2nd Additions; AND:  That portion of the North ¾ of SW ¼ lying East of Haines Creek in Sec. 1, Tp. 19 SR 25 E.;

now classified and zoned as R-1 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).

10.  That portion of the North 205 feet of the South 410 feet of Government Lot 2 in Sec. 27, Tp. 21 SR 26 E, lying West of SR 455;

now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).

11.  Lots 2 and 3 in Green Acres, according to the Plat thereof, as recorded in Plat Book 8, Page 32, public records of Lake County, Florida.

now classified and zoned as A (Agriculture), be, and the same is hereby amended, changed and rezoned to Classification M-1 (Manufacturing).

12.  That portion of the West 470 feet of NE ¼ of NE ¼ in Sec. 29, Tp. 19 SR 24 E, lying North of SR 44;

now classified and zoned as R (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture).

13.  Lots 1 through 35 inclusive in Edgewood Park, Addition No. 2, according to the Plat thereof as recorded in Plat Book 12, Page 61, public records of Lake County, Florida;

now classified and zoned as R-2 (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).

14.  Begin at a point 774 feet East and 732 feet North of Southwest corner of NW ¼ of Sec. 2, Tp. 19 SR 25 E; run thence North 217 feet, thence West 203 feet; thence South 217 feet, thence East 203 feet to Point of Beginning;

now classified and zoned as R (Residential), be, and the same is hereby amended, changed and rezoned to Classification A (Agriculture)

15.       The W ½ of E ½ of NW ¼ in Sec. 34, Tp. 18 SR 24 E; now classified and zoned as R-1-A (Residential), be, and the same is hereby amended, changed and rezoned to Classification R-3 (Mobile Home Park Subdivision).

railroad

Zoning Director Webb informed the Board the Committee working on the abandonment of Tavares and Gulf Railroad tracks between Tavares and Winter Garden will be in the County on March 19 at 10:30 a.m.  Chairman Babb requested Commr. Dykes, Windram, and Theus and the Engineer meet with this committee to attempt to obtain the right of way by donation.

bonds – misc.

Bonds for carrying firearms were approved for the following on a motion by Commr. Theus, seconded by Commr. Dykes and carried:  C. A. Jenkins and Wesley J. Walton.

Contractors’ bonds for certificates of competency numbered 303-311 were approved on a motion by Commr. Theus, seconded by Commr. Dykes and carried.

tax delinquent

An application for a duplicate tax sale certificate No. 142 dated May 31, 1963 in the sum of $72.90 from Jerome J. Bornstein was approved on a motion by Commr. Theus, seconded by Commr. Dykes and carried.

safety

A letter from the Director of the State Department of Transportation requesting information of the progress on the motor vehicle inspection stations was referred to the County Engineer.

licenses and permits

The Engineer filed a use permit to Sumter Electric Coop, Inc. for the construction and maintenance of a power distribution line along County Road 5-7953 between SR 450 and Lake Juanita.

accounts allowed

On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the Attorney was instructed to prepare an Order for the Circuit Judge’s signature, providing payment to the Bailiff from the Fine and Forfeiture Fund of $1.50 for each felony case fingerprinted in Open Court.  Payment for the services shall be retroactive from the effective date of Chapter 67-214, Laws of Florida, to-wit June 20, 1967.

On a motion by Commr. Theus, seconded by Commr. Dykes and carried, payment of $400 was approved to J. M. Smedley Publisher, Inc. for Aerial Land Ownership Atlas and Index.

On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the Board approved the fee to Jack Jones, Architect of $12.50 per hour on the Master Development Plan of the Fair Ground Complex.

Payment of $1,250 was approved to the Lake County Chamber of Commerce on a motion by Commr. Dykes, seconded by Commr. Windram and carried; also, payment to the Lake County Development Commission.

A request by W. T. Mills to attend the semi-annual Juvenile Court Counselors Conference in Ormond Beach on April 17-19 was approved on a motion by Commr. Dykes, seconded by Commr. Theus and carried.

A request by Julia Hoverstock to attend the Annual Service Officers Conference in Daytona Beach on May 6-11 was approved on a motion by Commr. Dykes, seconded by Commr. Theus and carried.

On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the Clerk was authorized to purchase Index to County Commissioners Minutes from Bowen Supply Company for $229.50 including set out subjects.

A proposal from Simons Office Equipment, Inc. to furnish two Acme Visible Microfilm Files at $358.80 each for the Clerk’s Office was accepted on a motion by Commr. Theus, seconded by Commr. Dykes and carried.

Payment was approved to the Game and Fresh Water Fish Commission in the sum of $5,326.44, Lake County’s share of the Lake Dora seining program, on a motion by Commr. Dykes, seconded by Commr. Theus and carried.

On a motion by Commr. Dykes, seconded by Commr. Windram and carried, the following vouchers were approved for payment:

General Revenue Fund                                               810-1007

Mosquito Control State II                                          41-47

Fine & Forfeiture Fund                                              7-92

Road & Bridge Fund                                                  319-392

Fish Conservation                                                      1

NE Lake County Hospital Ambulance Fund             7

NW Lake County Hospital Ambulance Fund            7

communications

A letter from the Azalea Garden Club of Tavares was read and filed approving the plan of the Fair Buildings.

A letter from the Office of the County Judge advising that 10 employees of that office volunteered for the Defensive Driving Class.

reports

Monthly reports from the following were filed:

Veterans Service Officer

Welfare Director

A brochure from the Department of the Army, US Corps of Engineers, summarizing the development of all major Corps water resources projects was filed.

minutes

On a motion by Commr. Dykes, seconded by Commr. Theus and carried, the minutes of the regular meetings of February 5 and 12 and of the special meetings of February 13 and 15 were approved as submitted.

There being no further business to bring before the Board, the meeting adjourned at 5:00 o’clock P.M.

 

___________________________________                          ______________________________

CLERK                                                                                   CHAIRMAN