MINUTES OF REGULAR MEETING OF the BOARD OF COUNTY COMMISSIONERS
monday – JUNE 21, 1971
The Board of County Commissioners of Lake County, Florida, convened in regular session on Monday, June 21, 1971, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 o’clock in the forenoon with the following members in attendance: J. M. Hoskinson, Chairman; James R. Carson, Jr.; C. A. Deems and Kenneth VanAuken. Others in attendance were Christopher C. Ford, County Attorney, Fred M. Harpster, County Engineer; J. C. Watkins, Director of Planning; Frank E. Owens, Clerk of the Circuit Court; and Norma H. Coven, Deputy Clerk. Thomas J. Windram was not present.
The meeting was called to order by the Chairman, and the invocation was delivered by Mr. Carson, and the Pledge of Allegiance to the Flag was given.
The Chairman recognized Miss Alice Blackburn, Assistant Extension Agent; Mrs. Donald Morris, 4-H Leader; Beth Morris, Cheryl Moose and Jane Bartlett, 4-H members, as spectators.
Mr. Willard Barnes appeared and requested the use of County owned bleachers for the Lake County Horseman’s Association, Hunter-Jumper Approved Show to be held July 4th. Attorney Ford informed the Board that generally speaking, County property should not be loaned or leased to an organization or private party. After reviewing the Statutes and finding no Special Act covering the request, Mr. Ford said he does not believe the Board has the authority to loan County property, adding there is nothing to keep the Association from holding the Show at the Fairgrounds. Mr. Barnes thanked the Board for considering his request.
On recommendation of the County Extension Director, the Board approved the employment of Mrs. Sara G. Harden to the position of Clerk-Receptionist at the Agricultural Center, effective July 19, 1971, at an annual salary of $3,600.00 with the State contributing $900.00 making a total salary of $4,400.00.
Mr. Watkins presented a letter of resignation from Mrs. Lorrine Retey, effective July 1, 1971. Mr. Watkins stated that Mrs. Retey has been ill and does have sick leave coming and requested that the Board give Mrs. Retey permission to use sick leave and decide after that time if she still would like to resign. It was noted that Mrs. Retey has done a fine job in her position with the Veterans Service Office. On motion of Commr. Deems, seconded by Commr. VanAuken and carried, the Board authorized thirty days sick leave for Mrs. Retey.
licenses and permits
Request for commercial garbage and/or trash franchise in the central part of Lake County from Robert H. Sparkman was presented to the Board. Commr. Carson commented that anyone wanting to do this type work should cover all of central Lake County and not just pick certain areas. The application was referred to Commr. Deems.
bonds – miscellaneous
On motion of Commr. VanAuken seconded by Commr. Deems and carried Contractors’ bonds for Certificates of Competency were approved for the following:
Ann Dopheide d/b/a Unity Enterprise
Sidney Young d/b/a Young Dry Wall
On motion of Commr. Carson seconded by Commr. VanAuken and carried, the Board approved bond for Byron E. Herlong as a Member of the Board of Trustees, Northwest Lake County Hospital District.
On motion of Commr. Carson seconded by Commr. Deems and carried, the Supplemental Budgets for the Construction Trust Fund and Certificates of Indebtedness Sinking Fund as advertised were adopted and the Clerk was directed to forward same to the Comptroller.
It now being the time advertised to receive bids on resurfacing work on County roads, the Chairman directed the Clerk to open and tabulate the bids, whereupon Clerk Owens reported receiving bids from the following:
Basic Asphalt Corp. $63,950.00
Carroll Contracting Co., Inc. 72,922.50
J. O. Jones Construction 63,050.00
Leecon, Inc. 76,560.00
Orlando Paving Co. 67,830.00
On motion of Commr. Carson seconded by Commr. Deems and carried, the bids were referred to the County Engineer for recommendation.
Later in the day, on recommendation of the Engineer and on motion of Commr. Windram, seconded by Commr VanAuken and carried, the Board accepted the bid of J. O. Jones Construction in the amount of $63,050.00 as the best and lowest bid.
On recommendation of the Engineer and on motion of Commr. Deems seconded by Commr. VanAuken and carried, the Board accepted the bid of Hodges Equipment Company in the amount of $2,502.60 for a 1971 International Truck as the lowest and best bid.
planning and zoning
Morton Aulls, Attorney, appeared representing Mr. Watson developer of Craig’s Addition, Sorrento. Mr. Aulls explained that Mr. Watson owns property on both sides of a road in the subdivision that was closed by a former Board. He would like to have the land rezoned from the existing C-1 classification. On advice of the Attorney, Mr. Aulls was advised to apply for a rezoning classification.
Robert L. Wilbur and Fred Langford of the Game and Fresh Water Fish Commission appeared and informed the Board of a pilot study involving experimental bottom redistribution in Lake Carlton to improve the game fish population. After hearing the gentlemen explain the proposal, it was the consensus of the Board that this is a worthwhile project.
right of way – roads
Ranston Davis, Attorney, appeared and requested that the Board write to the Department of Transportation and request release of the State’s interest regarding Lake Griffin Road (also known as Carlton Village Road) located in Carlton Village Subdivision. They have found that the State has rights to 100 feet on each side of the road previous to 1955 when the Subdivision was platted. On motion of Commr Carson, seconded by Commr. Deems and carried, the Clerk was instructed to request the Department of Transportation to allow a release of the State’s interest regarding the road right of way except that part lying within 33 feet on the North side of the center line of the existing Lake Griffin Road (County Road #1-7611). Commr. VanAuken abstained because he owns property in the area and Commr. Windram abstained because he arrived during this discussion.
roads – county
Attorney Ford informed the Board that he was notified that the publication for a public hearing regarding the road John Wilkerson has blocked (extension of County Road 5-5727) is being held up. Commr. VanAuken stated he stopped the publication because he understood there would be testimony that the road has not been maintained by the County. It was the opinion of the Board to go on with the public hearing and resolve the problem. The Clerk was authorized to advertise for a public hearing for July 6, 1971.
roads – subdivision
Request from Little Lake Harris Shores Civic Assn., Inc. for assistance, both monetary and knowledge, in regard to improving roads in the Subdivision and the County taking them over for maintenance, was referred to the Engineer.
contracts and agreements
Commr. Carson reported he contacted Southernaire Fruit Co., Inc. concerning the 92 acres offered to the County at $795.00 per acre, which is lower than the appraised value. The land was also checked for fill and there will be enough material to fulfill the County’s obligation to deliver fill to the Fountain property. On motion of Commr Deems seconded by Commr. Windram and carried, the Board approved the purchase of the following described property subject to the terms of a contract prepared by the County Attorney:
The Southeast quarter of the Southeast quarter in Section 7, Township 20 South, Range 26 East, and the South half of the Southwest quarter west of the Highway in Section 8, Township 20 South, Range 26 East. Containing 92 acres more or less.
recess and reassembly
The meeting recessed at 12:00 o’clock noon for lunch and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Attorney Ford presented Ordinance 71-3 amending Ordinance 71-1 concerning the sale and distribution of any detergent containing phosphorus in excess of .01% subsequent to January 1, 1973. On motion of Commr. Carson, seconded by Commr. Deems and carried, a public hearing was authorized to consider the Ordinance on July 12, 1971.
On recommendation of the Chairman, the Attorney was instructed to pursue the most successful way to discourage rock festivals in Lake County.
Planning and zoning
It now being the time advertised to hold a public hearing on zoning reclassifications and on recommendation of the Planning and Zoning Commission and on motion of Commr. Carson, seconded by Commr. Deems and 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 classification designated after each description:
Public Hearing: 32-71-1
Sec. 20, Twp. 19S. Rge. 25E: Begin 322.32 ft. S of NW corner of Govt. Lot 5, thence run S to Hwy, SW’ly along Hwy to point 640 ft. W of E line of Govt. Lot 4, N to Lake Griffin, NE’ly along lake to a point 200 ft. W of NW corner of Govt. Lot 5, SE’ly to POB.
Change in Zoning Classification: The Zoning Classification was C-2 (Commercial District and is hereby changed to R-3 (Mobile Home Park Subdivision).
Public Hearing: 34-71-3
Sec. 33, Twp. 22S. Rge. 26E.: Tract 48 of Postal Colony Co., according to the plat thereof as recorded in P.B. 9, pg. 65, Public Records of Lake County, Florida.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to A (Agriculture).
Public Hearing 35-71-4
Sec. 21, Twp. 19S, Rge. 27E: The NW ¼ of NW ¼ less E 165 ft.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to R-1 (Rural Residential)
Sec. 21, Twp. 19S, Rge. 27E: The SW ¼ of the NW ¼ less E 165 ft. AND NW ¼ of SW ¼ AND SW ¼ of SW ¼ LESS: the W ½ of SW ¼ of SW ¼ of SW ¼.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to R-3 (Mobile Home Park Subdivision).
21, Twp. 19S, Rge. 27E: W ½ of SW ¼ of SW ¼ of SW ¼.
Change in Zoning Classification: The Zoning Classification was A (Agriculture) and is hereby changed to C-1 (Rural Commercial).
Sec. 20, Twp. 19S, Rge. 27E: SE ¼ of SE ¼ of NE ¼.
Change in Zoning Classification: The Zoning Classification as R-1 (Rural Residential) and is hereby changed to R-2 (Rural Urban).
Sec. 20, Twp. 19S, Rge. 27E: Begin at SE corner of Section, run N 600 feet more or less to drainage easement, run thence W’ly parallel with DR 4-4581 (Wolf Branch Road) to intersect a point on a line 500 ft. E’ly and parallel with SR 500 (US 441), thence SE’ly parallel with SR 500 to POB.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to C-1 (Rural Commercial).
Sec. 20, Twp. 19S. Rge. 27E: Begin at SE corner of Section, run N 600 feet more or less to drainage easement for POB. Thence run W’ly parallel with DR 4-4581 (Wolf Branch Road) to intersect a point on a line 500 feet E’ly and parallel with SR 500 (US 441), thence run NW’ly along a line parallel and 500 ft. E’ly of SR 500 to intersect a point on the N line of the S ½ of SE ¼ thence run NE’ly on a straight line to intersect a point which is 600 ft. S of the NE corner of the NE ¼ of the SE ¼, South to POB.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to R-3 (Mobile Home Park Subdivision).
Sec. 20, Twp. 19S, Rge. 27E: Begin at the NE corner of the SE ¼ run S 660 ft., run thence SW’ly on a line to intersect a point which is formed by the intersection of a line 500 ft. E’ly and parallel to SR 500 with the N line of S ½ of SE ¼, run thence NW’ly along a line 500 ft. E’ly and parallel with said highway to intersect N line of said SE ¼, thence E’ly to POB.
Change in Zoning Classification: The Zoning Classification was R-1 (Rural Residential) and is hereby changed to R-2 (Rural Urban).
In regard to Case Number 35-71-4 described above, the following persons appeared and opposed the rezoning:
And the following persons appeared in support of the rezoning:
Thomas R. Champion
Included in the foregoing motion was denial of Case No. 31-71-3, 36-71-3, and 37-71-5, and denial without prejudice of Case No. 33-71-1; and approval of Conditional Use Permits Nos. 270-5, 276-3, 277-3.
Conditional Use Permit No. 180-5 was called for hearing after being postponed at the request of the applicant from May 10, 1971 to June 21, 1971.
The Chairman called for interested persons to be heard and at the same time presented a letter from the Lake County Air and Water Pollution Control Department under date of April 27, 1971, recommending that the Conditional Use Permit be granted, provided certain conditions and stipulations are made a part of the Permit. Mr. Philip R. Edwards, Acting Pollution Control Officer, being present, was asked if the Pollution Control Board could guarantee that the sand mining operation would not cause pollution in the area. Mr. Edwards stated that he could only apply all the laws and rules, both local and state, to the direct impact caused to the area by the operation, but could not guarantee there would be no pollution.
The following persons appeared in opposition to the Permit:
J. A. Livingston, President of Lake Improvement Association
Mrs. Golding (Wm. E.) of Tavares
Martin Northrup, Florida Audubon Society
Mrs. A. L. Shirley
Wm. E. Burleigh, President, Lake County Conservation Council
Bill Lawton, Mid Florida Lakes Subdivision
D. R. Igou, Jr., Wm. M. Igou, Inc.
Frank E. Owens
Letters and petitions opposing the Permit were filed with the Board:
Residents and/or property owners in the Goose Prairie vicinity
Leslie R. Hufffstetler, Sr.
O. K. Braley, Sr.
Mountain Lake Sanctuary
Ecolocrisis of Lake Sumter Community College
Eustis Boating Club
Mr. R. M. Marshall, representing the applicant, appeared in support of the Permit.
After extended discussion by the public, both for and against, and by the Board, Commr. VanAuken moved for the denial of the Permit. The motion was seconded by Commr. Windram. The Chairman called for the question, and there being no negative votes or abstentions, the Chairman declared the motion carried, and the Conditional Use Permit 180-5 to Silver Sand Co. of Leesburg, Inc. for a sand mining operation was denied.
Mr. Curtiss Lott from the Division of Migrant Labor of the State Department of Community Affairs appeared and requested that the Board form a Migrant Farm Workers Council to coordinate services in the area, such as food and medical services. Mr. Lott proposed that there be five areas of representation:
1. County government
2. Sate Department of Commerce
3. Grower – Management level of agriculture
4. Service organizations – such as OEO
5. Representative from the workers to act in advisory capacity
Mr. Carson commented he feels the County already has representatives who are doing practically all these things. Mr. Lott remarked that the Council members should be volunteers, and warned if the appointments are not made on a County level, the Governor’s Task Force will organize the group and he recommended that the County keep this under its control. On motion of Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the Chairman to discuss this with representatives of other agencies and bring his recommendations to the Board for approval. Commr. VanAuken voted against the motion, saying he feels more thought should be given the matter before the motion is considered.
On motion of Commr. Deems, seconded by Commr. Carson and carried, the Clerk was authorized to redeem 1969 Tax Certificate No. 227 in the amount of $49.70 a result of nonpayment of taxes on County owned property by the previous owner.
On recommendation of the County Engineer that all usable material in County-owned clay pit located on SR 44 has been used and that the Road and Bridge Department has no objection to the sale of the property, Commr. Windram moved that the following described property be declared surplus and of no value and that same be offered for sale:
Commence at the Northwest corner of Section 10, Township 19 South, Range 27 East; thence run East 1318.78 feet; thence run South 0°22’38” West 2,197.09 feet to the Point of Beginning; thence continue running South 0°22’38” West 230.89 feet to the North right of way line of State Road 44; thence run South 87°51’57” East along said North right of way line a distance of 567.19 feet; thence run North 0°07’23” East 236.57 feet; thence run North 88°26’12” West 566.00 feet to the Point of Beginning, containing 3.039 acres.
The motion was seconded by Commr. Carson and carried, and the bids will be received on July 19, 1971.
licenses and permits
Use Permits filed by the County Engineer were approved as follows on motion of Commr. Deems, seconded by Commr. Carson and carried:
No. 285 to Florida Telephone Corp. to construct and maintain buried cable along a portion of County Road 4-5371, between County Road 4-4570 and 4-4872.
No. 286 to Florida Telephone Corp. to construct and maintain buried cable paralleling County Road 3-3168 between the Orange County Line and SR 448-A.
No. 289 to Florida Telephone Corp. to construct and maintain buried cable along a portion of County Road 3-1653 between Minneola and SR S-455.
No. 290 to Florida Telephone Corp. to construct and maintain buried cable between County Road 3-1653 and SR 50.
No. 291 to Florida Telephone Corp. to construct and maintain buried cable paralleling a portion of County Road 3-3358 East of SR 448 and Clay Road.
No. 292 to Florida Telephone Corp. to construct and maintain buried cable along and crossing a portion of County Road 1-6304 between SR 25 and Spring Lake.
No. 293 to Florida Telephone to construct and maintain buried cable along a portion of County Road 3-0740 between County 3-1040 and Monte Vista Church.
To the City of Leesburg to construct and maintain a gas service line under and along the south side of County Road 1-4907 West of the city limits.
To the City of Eustis to construct and maintain a water main crossing County Road 5-6764 between Eustis and Umatilla.
Letter from Mrs. Irwin Smith, Leesburg, requesting that the Board give serious consideration to establishing a bus system in Lake County with money received through a grant was read. Commr. VanAuken pointed out the County as an entirety did not receive the grant. Commr. Carson was requested to explain the matter to Mrs. Smith.
Resolution from Pinellas County commending Lake County for adopting ordinances providing for strict controls concerning the sale and distribution of detergents containing phosphorus ingredients was read and filed.
The following monthly reports were filed:
Veterans Service Officer
There being no further business to bring before the Board, the meeting was adjourned at 6:00 o’clock p.m.