MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
JUNE 20, 1972
The Board of County Commissioners of Lake County, Florida, convened in regular session on Tuesday, June 20, 1972, in the Commissioners’ Room, Courthouse, Tavares, Florida, at 9:00 a.m. with the following members present: Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. Deems; J. M. Hoskinson; and Kenneth VanAuken. Others present were: James C. Watkins, Planning Director; Frank Lawton, Assistant Planning Director; Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.
The Chairman called the meeting to order and the invocation was given by Commr. VanAuken. The Pledge of Allegiance was recited.
petitions
Mr. John Kelly of Paisley appeared before the Board and presented a petition signed by residents of the area requesting the Board to place a limit on the horsepower of motors used on the boats in Lake Lulu. The Chairman said that the Board will look into this matter with the County Attorney.
appointments
On motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the Board appointed Nancy Horton Coordinator of the Emergency Employment Program (EEA).
laws and legislature
The Chairman read letter from the Division of Purchasing, Department of General Services, regarding recent legislature on the purchase and sale of voting machines (Chapter 72-303, Laws of Florida), an Act relating to elections and to the acquisition of voting equipment, to become effective July 1, 1972. The Purchasing Director stated that on and after July 1, 1972, all purchases and sales of voting equipment within the County must have the approval of his office. The letter was referred to the County Attorney.
petitions
The Chairman presented petition from residents of Triangle Acres Subdivision complaining of noises from tractor-trailer vehicles in the area during the night and early morning hours and petitioned the Board to deny these trucks entrance to the Subdivision. The petition was referred to the County Attorney.
machinery & equipment
The Board discussed the purchase of used Shoup voting machines from Computer Election Systems, Columbus, Georgia. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, Dan Heald was authorized to travel to Columbus, Georgia, to inspect the voting machines. On motion of Commr. VanAuken, seconded by Commr. Hoskinson and unanimously carried, the Board approved the purchase of ten used voting machines from Computer Election Systems upon inspection and approval by Dan Heald and authorized the Chairman to order the machines subject to Dan Heald’s approval of same.
public health
The Board discussed the Governor’s Executive Order #25 regarding transferring of certain functions from the Department of Health and Rehabilitative Services to the State Department of Pollution Control. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized the Clerk to send request to the State Department of Pollution Control asking the Department to assume the responsibility of inspecting septic tank installations in Lake County.
roads – county
Commr. VanAuken presented a request to erect stop signs and 15 mph speed limit signs at the two entrances off Highway #40 into Holiday Haven Campsites. The request was referred to the County Engineer.
commissioners
Commr. Hoskinson advised the Board of letter he sent to the Governor tendering his resignation from the office he holds with the East Central Florida Planning Council, to be effective November 6, 1972, to qualify for and seek re-election to the Board of County Commissioners.
contracts and agreements
The Board discussed the Oklawaha River Basin Improvement Council Agreement and on motion of Commr. VanAuken, seconded by Commr. Hoskinson and unanimously carried, the Board authorized Lake County to become a signatory to the Agreement.
public defender
Robert E. Pearce, Public Defender, appeared before the Board regarding new responsibilities of Public Defenders created by recent Supreme Court decision.
bonds – official
Commr. Deems moved that the Board ratify the action taken by Commr. Windram, Commr. Deems and Commr. Carson in approving the public official bond for interim Sheriff Meech. The motion was seconded by Commr. Carson and unanimously carried.
veterans service officer
Commr. VanAuken recommended that Mr. Fred Bollenberg be appointed to fill the vacancy of Veterans Service Officer and Civil Defense Director. The Chairman suggested that the applicants on file be requested to come before the Board on July 5, 1972.
deeds
On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, the Board accepted road right of way deed from Phoenix Groves, Inc. on Bruce Hunt Road #2540 and approved recording of same.
Juvenile
The Board discussed a request from W. A. Milton, Jr., regarding overtime compensation for Matron Superintendent and Assistant Matron Superintendent of Lake County Juvenile Supervision Center. The request from Judge Milton was referred to Commr. Deems.
bonds – Miscellaneous
On motion of Commr. Carson, seconded by Commr. Hoskinson, and unanimously carried, the Board approved bonds for carrying firearms for the following:
Seymour Andrew Holcomb
Lester Vernon Ryals
Charles Leslie Padgett, Jr.
Contractors’ Bonds for Certificates of Competency were approved on motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried for the following:
#468-72 Harold M. Rose dba Sunshine State Electric Company
#840-72 Daniel W. Miller dba Miller Aluminum Company, Miller Sign Co.
courts
Letter from the City of Umatilla, Office of the City Clerk, advising the Board that the Umatilla City Council has decided to keep their municipal court in operation until January 1, 1977, was read and filed.
roads – county
Harry Garst and Thomas Anderson from Eustis Place on Lake Shore Drive appeared before the Board requesting that the Board consider reducing the easement on County Road 4-5154 so they can improve the water front on their property. Mr. Harpster, County Engineer, stated that this is an arterial road and carries a great deal of traffic and does not recommend reducing the easement, but stated that it is possible a waiver could be given to build a boat ramp.
The Chairman read letter from Dr. Whitney regarding improvements to the parking and curbing on Morningside Drive. The Chairman directed the Engineer to prepare a cost estimate on the improvements requested and authorized him to contact Dr. Whitney and the owner of the Sylvan Shores Lounge (adjoining property owner) for participation in the cost of such improvements.
On recommendation of the Engineer and on motion of Commr. Carson and unanimously carried, the Board authorized Marian Construction Company to purchase shoulder material from the County’s Eagle Nest Pit to be used for construction projects on S-466-A, 466 and 44-A in the Fruitland Park area, at a cost of $.15 per cubic yard.
On recommendation of the Engineer and on motion of Commr. VanAuken, seconded by Commr. Carson and unanimously carried, the Board approved the addition of three projects to the present road resurfacing program.
building department
Mr. Owens, Clerk, informed the Board of an order received from the State Insurance Commissioner regarding establishment of standards for mobile home tie-down requirements. Mr. Watkins, Planning Director, was requested to prepare requirements for mobile home tie-downs and include same in the Building Department inspections.
recess and reassembly
The meeting adjourned for lunch at 12:00 o’clock noon to take up the remaining items of business.
contracts & agreements
Mr. Norman G. Lain, Division of Forestry, presented Cooperative Agreement between Lake County and the Division of Agriculture and Consumer Services for fire protection by the Division of Forestry. He stated that the fire control program is now state-wide. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized Lake County to enter into the new agreement with the Division of Forestry at annual cost of $8,666.82, effective July 1, 1972.
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 motion of Commr. Carson, seconded by Commr. Deems 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.
PUBLIC HEARING: 100-72-1
LEGAL DESCRIPTION: Sec. 4, Twp. 19S, Rge. 24E. Lots 1, 2 and Block B. Zephr Lake, as recorded in Plat Book 11, Page 78, Public Records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from C-2 (Community Commercial District) and A (Agriculture) to LM (Light Manufacturing District).
PUBLIC HEARING: 84-72-2
LEGAL DESCRIPTION: Sec. 20, Twp. 22S, Rge. 25E. Tract 32 according to the Plat of Groveland Farms, as recorded in Plat Book 2, pages 7 and 8, Public Records of Lake County, Florida. LESS AND EXCEPT that portion of the aforedescribed lands lying Westerly of the County Road.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-3 (Mobile Home Subdivision/Rental Park) to M-1 (Heavy Industrial District).
PUBLIC HEARING: 87-72-5
LEGAL DESCRIPTION: Sec. 1, Twp. 18S, Rge. 25E. NW 1/4 of SE 1/4 of NE 1/4 AND the W 1/2 of the NE 1/4 of the NE 1/4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from A (Agriculture District) to RR (Rural Residential District).
PUBLIC HEARING: 85-72-5
LEGAL DESCRIPTION: Sec. 2, Twp. 19S, Rge. 25E. That part of the West 150 ft. of the East 300 ft. of the E 1/2 of the NE 1/4 of the NW 1/4 lying South of a line drawn 33 ft. South of and parallel with the center line of S.R. 44 and lying North of the North branch of Haines Creek, LESS that part thereof conveyed to Oklawaha Basin Recreation and Water Conservation and Control Authority of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning classification is hereby changed from R-1-7 (Urban Residential District) to C-1 (Rural or Tourist Commercial District).
PUBLIC HEARING: 90-72-5
LEGAL DESCRIPTION: Sec. 2, Twp. 19S, Rge. 25E. That part of the NW 1/4 of the NW 1/4 from the NE corner of the SW 1/4 of the NW 1/4 of the said Sec. 2, run N 32°52’50” W 634 ft.; thence run S. 49°07’50” E. 354.5 ft. for a POB; From said POB, run thence N. 40 °52’10” E. 100 ft., thence run N. 15°47’50” W. 94.95 ft.; thence run 19°09’10” E. 71.5 ft.; thence run N. 8°24’40” W. 59.2 ft.; thence run N. 44°37’50” W. 138.79 ft. to a point on the S’ly line of the ROW of S. R. 44; thence run SW’ly along the S’ly line of the said ROW to a point that is N. 49° 07’50” W of the POB; thence run S. 49°07’50” E. to the POB.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 95-72-1
LEGAL DESCRIPTION: Sec. 20, Twp. 19S, Rge. 25E. SW 1/4 of SW 1/4, LESS East 20 ft. thereof AND that part of the NW 1/4 of SW 1/4 of SW 1/4 lying South of the county paved road LESS the East 20 ft. thereof AND LESS AND EXCEPT the South 110 ft. of the W 1/2 of Govt. Lot 4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from RR (Rural Residential District) to R-1-7 (Urban Residential District).
PUBLIC HEARING: 97-72-5
LEGAL DESCRIPTION: Sec. 9, Twp. 18S, Rge 29 E. E. 130 ft. of W. 166 ft. of S. 190 ft. of NW 1/4 of NW 1/4 of SW 1/4 AND E. 164 ft. of W. 330 ft. of NW 1/4 of NW 1/4 of SW 1/4 AND S. 40 ft. of N. 170 ft. of E. 130 ft. of W. 166 ft. of NW 1/4 of NW 1/4 of SW 1/4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from A (Agriculture) to R1-15 (Residential Estates District).
PUBLIC HEARING: 86-72-5
LEGAL DESCRIPTION: Sec. 18, Twp. 17S, Rge. 29E. The North 250 ft. of the SW 1/4 lying West of S. R. 42 and the South 550 ft. of the North 800 ft. of the West 200 ft. of the SW 1/4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from A (Agriculture) to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 81-72-5
LEGAL DESCRIPTION: Sec. 5, Twp. 18S, Rge. 26E. SE 1/4 of NE 1/4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from A (Agriculture) to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 88-72-3
LEGAL DESCRIPTION: Sec. 33, Twp. 21S, Rge. 26#. That part of the East 1/2 of the NW 1/4 lying South of S. R. 561-A and East of the County Road.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from A (Agriculture) to R-3 (Mobile Home Subdivision/Rental Park).
PUBLIC HEARING: 82-72-3
LEGAL DESCRIPTION: Sec. 32, Twp. 22S., Rge. 26E. The W 1/2 of the NE 1/4 of the NW 1/4 otherwise described as Tracts 6 and 11 according to the Plat of the Lake Highlands Company. LESS the ROW of S. R. #8 – A/Fed. Rt. #19 containing 2.52 acres, more or less, heretofore conveyed by the grantors of the State of Florida. Acreage contained in the foregoing described lands amounts to 17.48 acres more or less..
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from RR (Rural Residential District) and R-1-7 (Urban Residential District) to C-1 (rural or Tourist Commercial District).
PUBLIC HEARING: 83-72-3
LEGAL DESCRIPTION: Sec. Astor, Twp. 15S, Rge. 28E. Lot 5, Block 120, as recorded in Plat Book 2, Page 12, Public Records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from C-1 (Rural or Tourist Commercial District) to R-1-5 (Mobile or Mixed Residential District).
PUBLIC HEARING: 98-72-4
LEGAL DESCRIPTION: Sec. 31, Twp. 19S, Rge. 28. The East 1681.85 ft. of the W 1706.85 ft. of the South 1/4 of the NW 1/4 LESS the South 12.5 feet thereof, containing herein 25 acres.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from A (Agriculture) to RA (Ranchette District).
Included in the foregoing motion was approval of Conditional Use Permits 372-2 and 374-5, and withdrawal of zoning cases 30-72-5, 31-72-5, 32-72-5, 91-72-5, 92-72-5, 93-72-5, 94-72-5 and 102-72-3.
On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved postponement of zoning cases 101-72-2, 96-72-2, 99-72-5 and Conditional Use Permit 368-4, until August 15, 1972, at 2:00 o’clock P.M.
Zoning Case #100-72-1 was called for public hearing and the Chairman called for interested parties to be heard.
Walter Morganson, Fruitland Park, appeared in opposition to the rezoning request.
Mrs. Albert C. Turley appeared in opposition to the rezoning request.
W. L. Bill Fischer, Leesburg, appeared in opposition to the rezoning.
Dewey Burnsed, Attorney for the applicants, appeared in interest of the rezoning request.
On motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the recommendation of the Planning and Zoning Commission for approval of the rezoning was upheld by the Board.
Zoning Case #89-72-2 was called for public hearing and the Chairman called for interested parties to be heard.
Edward H. Merritt, applicant, appeared in interest of the rezoning.
On motion of Commr. Deems, seconded by Commr. Hoskinson, and unanimously carried, the recommendation of the Planning and Zoning Commission for denial of the request was upheld and the application was given 60 days to comply.
Zoning Case #103-72-4 was called for public hearing and the Chairman called for interested parties to be heard.
C. E. Duncan, Attorney for Mr. Joranson, appeared and requested a buffer zone of 500 ft. to protect any future homes built adjoining the chicken farm. On motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the rezoning request was postponed for 30 days without prejudice.
Zoning Case #87-72-5 was called for public hearing and the Chairman called for interested parties to be heard.
Mr. J. Hearn of Eustis appeared and stated that he owns interest in a corporation who plans to build a Planned Unit Development which will surround this property and objected to the RR zoning request. After discussion, Mr. Hearn withdrew his objection and on motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the recommendation of the Planning and Zoning Commission was upheld and the rezoning request was approved by the Board.
Conditional Use Permit #371-5 was called for public hearing and no one appeared to object to the rezoning request. On motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the recommendation of the Planning and Zoning Commission for approval was upheld by the Board.
Zoning Case #86-72-5 was called for public hearing and no one appeared to object to the rezoning request. On motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the recommendation of the Planning and Zoning Commission of approval was upheld by the Board.
Conditional Use Permit #373-5 was called for public hearing and the Chairman called for interested parties to be heard.
Gordon Savage, Attorney representing Fred C. Hunter and Ernest B. Palmer, appeared objecting to the permit for travel trailer park and campground.
Leon Stewart, Attorney for Central Baptist Youth Camp, appeared to state objection to the park and campground and stated that it would be detrimental to the small lake in the area and would also interfere with the youth camp.
James D. Dolan, applicant, appeared in interest of the permit.
Phil Edwards, Lake County Pollution Control Department, said the lake is very shallow and will not sustain much abuse.
Fred C. Hunter appeared and objected to the permit.
On motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried, the recommendation of the Planning and Zoning Commission was overturned and the Conditional Use Permit was denied.
Zoning Case #81-72-5 was called for public hearing and the Chairman called for interested parties to be heard. Receiving no objections, and on motion of Commr. Deems, seconded by Commr. VanAuken and unanimously carried, the recommendation of the Planning and Zoning Commission for approval of the rezoning request was upheld.
maps and plats
The County Engineer presented plat of Imperial Mobile Terrace Addition 4-A. On motion of Commr. Carson, seconded by Commr. Deems, and unanimously carried, the Board approved the plat of Imperial Mobile Terrace Addition 4-A, and authorized recording of same.
planning and zoning
Zoning Violation Number 72-18 – Elmer Hodge. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, Mr. Hodge was declared to be in violation of Ordinance and given a 30 day extension.
Zoning Violation Number 72-21 – George Ray. On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, Mr. Ray was found to be in violation of Ordinance 70-1 and given 30 days to comply.
Zoning Violation Number 72-11 – Franklin D. Kreiger. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, Mr. Kreiger was declared in violation of Ordinance 1971-6 and Ordinance 70-1 and given 30 days to comply.
Zoning Violation Number 72-23 – Harry A. Kreeger. Mr. Kreeger was present and asked the Board for extension. On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, Mr. Kreeger was found in violation of Ordinance 70-1 and given 45 days to comply.
reports
Report on Audit, Lennon’s Ambulance Service, for the period June 1, 1971 through May 31, 1972, was filed with the Board.
communications
Letter from the Charlotte County Board of Commissioners advising the Board of a Resolution they adopted asking that no laws become effective until published in the Statute Book and distributed to the counties was read and filed.
Letter from Southwest Florida Water Management District addressed to Congressman Chappell and Congressman Frey regarding Lake Apopka Restoration Project was read and filed.
The Chairman read a copy of letter from the Department of Administration addressed to the Lake County Economic Opportunity, Inc. regarding application for federal assistance for Citizens Participation Project.
The Chairman read letter from the Department of Natural Resources regarding development along the Wekiva River.
accounts allowed
On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, travel expenses were approved for Robert S. Stroud to Tallahassee to discuss funding and interagency coordination for the Youth Services Project on June 11 and 23, 1972, and to Jacksonville to discuss facilities to house the project on June 27, 1972.
On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the Engineer to hire a dragline operator for the landfill program from EEA funds.
On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Engineer was authorized to purchase heavy duty ramp for the lowboy trailer to haul the dragline from the Road and Bridge Funds at the approximate cost of $1,175.00.
On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board authorized the purchase of one electronic calculator for the Planning Department from Lake Office Equipment, Inc. at cost of $199.50.
checks received
Check from the State to the Youth Services Bureau in the amount of $2,000.00 was accepted by the Board.
There being no further business to bring before the Board, the meeting was adjourned at 4:25 o’clock p.m.
_________________________________ ______________________________
cLERK CHAIRMAN