MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 TUESDAY – february 15, 1972

The Lake County Board of County Commissioners met in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, February 15, 1972,  at 9:00 o’clock A.M. with the following members present:  Thomas J. Windram, Chairman; James R. Carson, Jr., C. A. Deems, J. M. Hoskinson and Kenneth VanAuken.  Also present were Fred Harpster, County Engineer; Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.

The meeting was called to order by the Chairman, the invocation was given by Commr. Carson, and the Pledge of Allegiance was recited.

minutes

On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, the minutes of the meeting of December 14, 1971 were approved as corrected.

On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the minutes of the special meeting of December 28, 1971 were approved as submitted.

roads – state

Chairman Windram said the Department of Transportation is making a 20-year study of highway needs and have asked the Board for recommendations.  Suggest the Commissioners review this with the Engineer in order to get this information to the Department of Transportation within the next week.

Commr. Carson announced there will be a public hearing on SR 50 from SR 33 in Groveland to SR 561 in Clermont at the Community Center in Groveland on April 5th at 7 p.m.

animals

Commr. Hoskinson asked for a directional sign to the Animal Shelter.  Commr. Deems said if the Tri City Landfill is closed, we will need to close the Shelter and find another location.

county property

Commr. VanAuken said he has been approached for use of a County abandoned clay pit to train children in the use of firearms.

Attorney Christopher C. Ford and Planning Director J. C. Watkins were present at this time.

ordinances

A discussion was held concerning a proposed ordinance to prohibit the use of self-dispensing gasoline stations.  Mr. Carson said it is his understanding from the fire prevention people that if the County adopts an ordinance, the cities would follow suit and adopt similar ordinances.  The Clerk was instructed to write and ask the cities for an expression and comments relative to such an ordinance.

road and bridge department

Chairman Windram stated he has received a request from the Florida State Tractor Pulling Association for a roller and operator to pack the track at their tractor pulling show at the County Fairgrounds on Feb. 25 and 26.  On the advice of the Attorney, since the equipment will be used on County property, it is legal to allow this.  Commr. Deems moved that the Engineer loan to the Association a self-propelled roller to be used with County property.  The motion was seconded by Commr. Hoskinson and carried.

county attorney

Commr. Hoskinson asked the Board’s approval to allow the Attorney to assist him with legal matters regarding the Resource Survival Committee, and the same was approved on a motion by Commr. Deems, seconded by Commr. Carson and carried.                                                                      

bids

It now being the time advertised to receive bids for painting the interior of the Lake Memorial Nursing Home, the Chairman directed the Clerk to open and tabulate the bids, whereupon Clerk Owens reported receiving the following bids:

Lee’s Painting            $9,843.68

James C. Gough          $3,741.00

T. A. McEachern, Jr.  $6,979.19

Grant Smallwood       $2,980.00

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the bids were referred to the Engineer for study and recommendation.

On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the Board rescinded its former action to advertise for sale the sheets at the Lake Memorial Nursing Home.

right of way – roads

On the recommendation of the Attorney and Commr. Hoskinson, the Engineer was instructed to determine if the citrus trees on the platted 30’ road in Lake Highlands Subdivision are in the right of way and if so to notify the owner to hedge the trees.

Clerk Owens presented letters from Sunny Hills Farm, Mount Dora Growers Coop., and James H. Wright requesting the Board to surface the Dewey Robbins Road.  The Engineer advised the County has some right of way on this road.

road maintenance

Chairman Windram reported he has received advice from the residents of Bishop’s Point they will participate in the 2/3 – 1/3 cost sharing to improve the roads in the subdivision. On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, he was instructed to prepare an estimate of the costs for the owner’s approval.

roads – county

On the recommendation of the Engineer and on a motion by Commr. Hoskinson, seconded by Commr. Carson and carried, all the roads in Lake Harris Shores Unit 1 and Unit 2 have been built to County standards, and the following roads were accepted for future maintenance:

West Cove – County Road #3-3142

East Cove – County Road #3-3143A

Country Club Drive – County Road #3143

Cayman – County Road #3-3144

Bimini – County Road #3-3144A

Bermuda – County Road #3-3145

On the request from Commr. Deems, the Engineer was instructed to recommend a maximum speed limit on the streets in Sun Eden Subdivision.

Commr. Deems reported he has received complaints of speeding cars on Silver Lake Drive.  Mr. Harpster said this has been reported to the Sheriff.

right of way – roads

Mr. Harpster stated he has received information on the Department of Transportation’s procedure in acquiring rights of way.  It is strictly on an appraisal basis.  The Department has a private appraiser view the property and then a DOT appraiser, and before approaching the land owner, both appraisers must agree.  The Attorney was instructed to review the Statutes re procedure for acquiring county rights of way.

appointments

On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the following appointments were extended to members of the Pollution Control Board:

Joe Hill to June 5, 1973

Dennis Holcomb to June 5, 1973

Ralph A. Roane to June 5, 1973

Guilford T. Sims to June 5, 1972

On a motion by Commr. Deems, seconded by Commr. Carson and carried, Richard E. Toole was appointed to the Pollution Control Board to replace Joseph Yazvac, said term to expire June 5, 1972.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, a resolution was adopted expressing the Board’s appreciation to Mr. Yazvac and commending him for his efforts in the control of pollution in Lake County.

county property

On the recommendation of the Engineer and on a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized C & E Corp. to push clean overburden into the County-owned clay pit located on SR 500.

Mr. Keith Delong of the Tavares Kiwanis Club appeared and requested the Board’s permission to hold a White Elephant Sale in the county parking lot next to the Masonic Temple.  There were no objections from the Board.

bonds – misc.

On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the bond for Joan Brown as member of the Northwest Lake County Hospital District was approved, and the Clerk was instructed to notify the Secretary of State of same.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the bonds for carrying firearms were approved for the following:

Margaret C. Jarvin

George T. Jarvis

Contractors’ bonds for Certificates of Competency were approved for the following on a motion by Commr. Carson, seconded by Commr. VanAuken and carried:

No. 784           Felix Garcis (Speciality)

785                  Milton R. Beall (Masonry)

786                  W.W. Cornell dba Cornell Bros. Tile & Marble Co.

Hospitals

The action of the Chairman and Clerk in approving petitions to the W. T. Edwards Tuberculosis Hospital for the following was approved on a motion by Commr. Deems, seconded by Commr. Carson and carried:

Willie Edward Campbell

Elmer Cleo Hale

Lee Nathan Torrance

Inventory

On a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the following inventory items were approved for transfer:

Property No. 221        Desk from Planning to Engineering

Property No. 3719      Table from Engineering to Planning

Property No. 3479      Table from Civil Defense to Planning

                                    Bookkeeping machine from Tax Collector to Clerk’s Office

lease

Attorney Ford submitted the corrected lease with the Eustis Gun Club, Inc., and on a motion by Commr. Carson, seconded by Commr. Hoskinson and carried, the lease was approved, and the Chairman and Clerk authorized to execute the same.

eea program

Chairman Windram presented a letter from Congressman Lou Frey, Jr. advising that the time for complying with the EEA Regulations on the allocation of funds has been extended.

recess and reassembly

The Board recessed for lunch at 12:00 noon and reconvened at 1:30 p.m.

suits affecting county

Attorney Ford reported on the hearing in the Britizus case and advised the Judge dismissed the individual commissioners as individuals out of the suit.  Mr. Ford recommended that the County make a settlement offer for a deed to a three-acre tract, give back to Mr. Britizus the .45 acre of pasture land, and pay him $4,000 to $4,500 for approximately 27,000 yards of clay.  If the suit goes to trial, there will definitely be a judgment against Lake County.  On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the Board authorized the Attorney to make the above-described offer to Mr. Britizus.

planning and zoning

Mr. Watkins reported on the general development concept plan and recommended that the Board adopt the Plan as a zoning guide.  On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Plan was accepted and approved as recommended.

ordinances

Mr. Watkins said the sign ordinance should be ready for the Board’s consideration in March.

Attorney Ford recommended that the Engineer and Planning Director study the proposed Sewer Ordinance and make a recommendation when same is considered by the Board in March.

Mr. Phil Edwards was present at this time.

planning and zoning

It now being the time advertised to consider applications for changes to zoning classifications, on the recommendation of the Planning and Zoning Commission, and on a motion by Commr. Deems, seconded by Commr. Carson 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 classifications designated after each description:

Public Hearing 1-72-4

Legal Description:  Sec 1, Twp. 19S, Rge. 26E, W. 400 ft. of the S. 130 ft. of lot 5 in Hazzard’s Homestead.

Change in Zoning Classification:  The Zoning Classification was RP (Residential Professional) and is hereby changed to C-1 (Rural or Tourist Commercial).

Public Hearing 2-72-3           

Legal Description:  Sec. 21, Twp. 19S, Rge 26E, Beg. 300 ft. E of W. line of Gove. Lot 10 on N’ly line of Hwy 441.  Run N. 386.04 ft. E. 400.78 ft. to N’ly line of Hwy.  SW’ly along N’ly line to POB.

Change in Zoning Classification:  The Zoning Classification was C-2 (Community Commercial) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park)

 

Public Hearing 3-72-5

Legal Description:  Sec 24, Twp. 19S, Rge 25E.  Begin at the NW corner of the SW ¼ of the NW 1/4, run thence E. 440 ft. to E. boundary of Haines Creek Rd.; run thence S. along the E. boundary of Haines Creek Rd. 2233 ft. to the N. boundary of Crossen St., run thence E. 305 ft.; thence continue parallel with a US Hwy along the N. boundary of Crossen St., 804.7 ft. for POB.  From this point turn left 90 degrees and run 135 ft. more or less to canal; back to the POB ad continue SE’ly along Crossen St. 65 ft.; turn left 90 degrees and run 150 feet to canal more or less; run thence W. along S. bank of canal more or less to the first line described.

Change in Zoning Classification:  The Zoning Classification was R-1-7 (Urban Residential) and is hereby changed to R-1-5 (Mobile or Mixed Residential)

 

Public Hearing 5-72-1

Legal Description:  Sec. 28, Twp. 19S, Rge. 24E.  Lots 5 to 10 inclusive in Monroe Park Subdivision as recorded in Plat Book 9, Pg. 84, Public Records of Lake County, Florida.

Change in Zoning Classification:  The Zoning Classification was R-1-7 (Urban Residential) and is hereby changed to LM (Light Manufacturing)

 

Public Hearing 7-72-3

Legal Description:  Sec. 1, Twp. 23S, Rge. 25E.  NW1/4.

Change in Zoning Classification:  The Zoning Classification was RR (Rural Residential) and is hereby changed to R1-15 (Residential Estates)

 

Public Hearing 8-72-2

Legal Description:  Sec 16, Twp. 20S, Rge. 25E.  Sun Eden Subdivision as recorded in Plat Book 12, Page 65 of the Public Records of Lake County, Florida LESS that portion lying S. of the ACL RR and N. of SR 48.

Change in Zoning Classification:  The Zoning Classification was A (Agriculture) and is hereby changed to R-1-7 (Urban Residential)

 

Public Hearing 12-72-3

Legal Description:  Sec. 32, Twp. 22S, Rge. 26E.  Tract 26 according to the Plat of Lake Highland Company as recorded in Plat Book 3, page 24, Public Records of Lake County, Fla. LESS a 25 ft. square at the SE corner.

Change in Zoning Classification:  The Zoning Classification was RR (Rural Residential) and is hereby changed to RP (Residential Professional)

 

Public Hearing 14-72-3

Legal Description:  Sec. 29, Twp. 22S, Rge. 26E. Lots 41B, 49, 50, 51A, 52, 53A, 53B, 54A, 54B, 56 and 57 through 64 inclusive of Lake Highlands Company as recorded in Plat Book 2, Pg. 25, Public Records of Lake County, Florida, LESS and EXCEPT:  That part of a strip of land lying parallel with and 200 ft. E’ly of the E’ly ROW of SR 25 (US 27) and extending from the N. boundary of Lot 41B to the S. Line of said section.  Also, LESS and EXCEPT:  Any part of said description lying W. of SR 25 (US 27).

Change in Zoning Classification:  The Zoning Classification was R-1-7 (Urban Residential) and is hereby changed to RA (Ranchette)

 

Public Hearing 13-72-2

Legal Description:  Sec 11, Twp. 20S, Reg. 24E.  That part of the N ½ of SW ¼ of SE ¼ and that part of N. 3/4/ of SE ¼ and SE ¼ which lies 300 ft. E. of E. ROW line of US Hwy 27 and W. of center line of Palatlakaha River (Creek) AND that part of Government Lot 1 lying E. of the center line of the Palatlakaha River (Creek); that part of N. ¾ of SE ¼ of SE ¼, lying E. of the center line f the Palatlakaha River (Creek).

Sec. 12 Twp. 20S, Rge. 24E.  The W ½ of SE ¼ of SW 1/4, N ½ of SW ½ of SW ¼, E ½ of SW ¼ of SW ¼ of SW ¼ AND the NW ¼ and the NE ¼ of SW ¼.

Change in Zoning Classification:  The Zoning Classification was R-1-7 (Urban Residential and A (Agriculture) and is hereby changed to R-3 (Mobile Home Subdivision/Rental Park)

 

Public Hearing 4-72-3

Legal Description:  Sec. 8, Twp. 20S, Rge. 26E, NE ¼ of SW ¼ AND N ½ of NE ¼ S. of RR less lot 1, Block 28 Ellsworth, Sumter County Plat.

Change in Zoning Classification:  The Zoning Classification was A (Agriculture) and is hereby changed to M-1 (Heavy Industrial)

 

Also, included in the above motion was approval of Conditional Use Permit 353-2, Conditional Use Permit 356-1, Conditional Use Permit 355-3, and denial of Rezoning Case No. 10-72-4 and 11-72-2.

Case No. 1-72-4 was called for hearing, and the Chairman called for interested parties to be heard.

W. B. Hunter, Attorney, appeared representing the applicant.

On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, the rezoning was approved from Residential Professional to Rural or Tourist Commercial.

Case No. 9-72-1 was called for hearing, and the Chairman called for interested parties to be heard.

Commr. Carson stated he is a member of a corporation that is an adjoining property owner.  On the recommendation of the Attorney, Mr. Carson did not participate in the discussion or vote on this case due to conflict of interest.

The following persons appeared and objected to the rezoning:  L. K. Cason, Leroy Morgansen, A. C. Turley, and Dick Font.

Commr. Deems moved for approval of the rezoning as amended, and the motion was seconded by Commr. VanAuken and same was defeated.

Commr. Carson returned to the Board.

Case No. 12-72-3 was called for hearing, and the Chairman called for interested persons to be heard.

Commr. Hoskinson moved for denial of the rezoning.  The motion failed to carry for lack of a second.  Commr. VanAuken moved for approval, and the rezoning was approved from Rural Residential to Residential Professional.  The motion was seconded by Commr. Carson and carried.  Commr. Hoskinson voted against the motion.

Conditional Use Permit 357-3 was called for hearing, and the Chairman called for interested persons to be heard.

R. E. Duckworth appeared and opposed the Permit.

During the discussion, numerous references were made to “rezoning,” and the Planning Director pointed out this is not a “rezoning” but a “permitted use in an RA Zone (Ranchette).”  On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, the permit was denied.

Case No. 13-72-2 was called for hearing, and the Chairman called for interested persons to be heard.

Commr. Carson and Commr. Hoskinson stepped down from the Board panel and left the room because of the possibility of a conflict of interest.

Mrs. Dale Roberts appeared and opposed the rezoning.

The Pollution Control Officer stated the Pollution Board has no objection.

On a motion by Commr. Deems, seconded by Commr. VanAuken and carried, the application for rezoning from R-1-7 (Urban Residential) and A (Agriculture) to R-3 (Mobile Home Subdivision/Rental Park) was approved.

Commr. Carson and Commr. Hoskinson returned to the room, and the hearings were resumed.

Case No. 4-72-3 was called for hearing, and the Chairman called for interested persons to be heard.

The following person appeared in opposition to the rezoning:  Edwin Mead

The following persons appeared in support of the rezoning:

W. B. Hunter, Attorney representing the applicant

Don Kemp

G. T. Sims

Mr. Hunter asked for the rezoning with the stipulated agreement that it will never be used as a juice plant or fertilizer plant.  Mr. Watkins said it is his opinion that a zoning classification could not be conditioned. Mr. Hunter said that this would be an agreed condition and not a forced one; the applicant assures Mr. Mead and the Board that the applicant has no idea of constructing a processing plant or fertilizer plant on the location being zoned.

On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, the rezoning was approved from A (Agriculture) to M-1 (Heavy Industrial).

Pursuant to Notices of Violation, the following violations of Ordinance 70-1 were heard:

ZV-71-58MQ – James E. Clark – On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, declared a violation and given 30 days to comply.

ZV-71-168 – James E. Thompson - On a motion by Commr. VanAuken, seconded by Commr. Hoskinson and carried, declared a violation of Zoning Regulations.

ZV-72-2 – Mary W. Rapuano - On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, declared a public nuisance and allowed 30 days to remove the junk car.

ZV-72-3 – Warren E. Moon - On a motion by Commr. VanAuken, seconded by Commr. Carson and carried, declared in violation and allowed 30 days to comply.  The motion carried.

ZV-72-4 – John W. Barbee - On a motion by Commr. Deems, seconded by Commr. Carson and carried, declared a public nuisance and given 30 days to clean up the area.

ZV-72-6 – Leesburg Kustom Koach - On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried, the property was approved not to exceed five (5) coaches at one time subject to approval by the Health Dept., or owner must apply for a Conditional Use Permit for travel trailer park and campground.

ZV-72-7 – Thomas J. Williamson - On a motion by Commr. Carson, seconded by Commr. Deems and carried, declared to be a violation and allowed 30 days to comply.

ZV – 72-8 – Robert Stark - On a motion by Commr. Hoskinson, seconded by Commr. VanAuken and carried, declared a violation and appropriate legal action authorized.

EEA Program

Mr. Watkins presented a letter from the State Dept. of Commerce advising that all positions under the EEA program must be filled by Feb. 25, and there is a balance of $435,949.40 uncommitted.   Mr. Watkins asked the Board’s direction in using these funds.  Chairman Windram said the Board will take this under advisement.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the allocation of $1974.00 to the Planning Dept. for administrative costs was approved.

bids

On the recommendation of the Engineer and on a motion by Commr. Carson, seconded by Commr. Deems and carried, the bid of Grant Smallwood for painting the interior of the Lake Memorial Nursing Home in the amount of $2,980.00 was accepted as the lowest and best bid.

county property

The Engineer was instructed to request A. B. Dean to appraise the county property in Astor:

Lots 1-24, with the exception of Lots 5 & 6, 1st Addition to Astor.

checks received

Check from the Governor’s Council on Criminal Justice for the Youth Services Bureau in the amount of $1,600 was submitted, and the Clerk was instructed to deposit same.

accounts allowed

On a motion by Commr. Carson, seconded by Commr. VanAuken and carried, travel was approved for the Attorney, Pollution Control Officer, and the Chairman of the Board to appear before the Senate Committee in Tallahassee on Feb. 16 and 17 regarding legislation concerning Lake County Ordinance 71-1.

Mr. Harpster reported the contract agreement with Otis Elevator Co. for maintaining the Courthouse elevator has never been approved.  Attorney Ford said this is a continuing contract which gives a history of never receiving bids for the maintenance and recommended an opinion be obtained from the Attorney General regarding the repeal of the law requiring bids.  He was instructed to pursue this.  The Board agreed to continue the maintenance agreement with Otis Elevator Co.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, travel expenses were approved for Robert S. Stroud to attend a meeting in Tallahassee, Feb. 20-23 regarding the Youth Services Bureau.

On the request from the Sheriff and on a motion by Commr. Hoskinson, seconded by Commr. VanAuken, the Engineer was instructed to investigate the boiler at the County Jail and make recommendations to the Sheriff for repairs to same.  The motion carried.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, payment was approved to Cadets Sandra Hester, $38.40, and Keith Oakley, $69.60.

warrants cancelled

The Clerk was authorized to cancel the following warrants which were duplicate payments:

R & B Fund #301 payable to Lake Abstract & Guaranty Co. - $15.00

General Revenue Fund #1300 payable to Public Gas Co. - $7.00

reports

December report of inspection of county jail and stockade was filed.

adjournment

There being no further business to bring before the Board, the meeting was adjourned at 5:15 p.m.

 

 

_________________________________

chairman

 

___________________________

Clerk