MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 SEPTEMBER 19, 1972

A regular meeting to the Board of County Commissioners of Lake County, Florida, was held in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, September 19, 1972, at 8:45 o’clock a.m. with the following members present:  Thomas J. Windram, Chairman; James R. Carson, Jr.; J. M. Hoskinson; C. A. Deems; and Kenneth VanAuken.  Others present were: Frank E. Owens, Clerk of Circuit Court; Fred M. Harpster, County Engineer, and Norma H. Coven, Deputy Clerk.

The meeting was called for 8:45 to allow Mr. Lawson L. Wolfe to register complaint to the Tax Adjustment Board in the interest of his mother; Mrs. Dorothy D. Wolfe.  The Clerk explained that Mr. Wolfe called yesterday and said that he did not intend to protest the assessment; therefore, the other two members of the Tax Adjustment Board were notified it was not necessary for them to be present.

courthouse

The following firms were represented at the request of the Board in regard to a proposed courthouse complex for Lake County:

Mr. Schweizer of Environmental Design Group appeared and showed slides of governmental work and others performed by his firm.  At the end of his presentation, Mr. Schweizer said a fee of $3500 would cover the initial design, could start a study within two weeks and feel the study would take at least 45 days.

Mr. Louis George, Architect, appeared and presented his recommendations for a program.  Mr. George estimated a $10,000 fee for him and a consulting firm to work up a design program.  Available immediately.

Mr. John Dragash and Mr. Dick Matz, representing Gutman, Dragash & Matz, Inc. appeared and recommended that a committee, including the Chairman, be appointed to work with the architect and members of the committee be from the various County departments.  $5,000 fee for a development survey and if awarded the job, the fee would be included in the overall cost.

Mr. Howell C. Hopson, Architect, appeared and recommended to the Board that a ten year survey be made in relationship with the needs of each department.  Need to consider the projected growth of the County.  Fee of 6% of the entire cost of the project with survey fee of $3,000.  Available immediately.

Mr. R. S. Wetherill representing International Research & Development Institute, Inc. appeared and said his firm is associated with an engineering firm in Atlanta and an architectural firm in Jacksonville.  He proposed a development study with a minimum fee of $3,500.

Mr. Howard Bochiardy, Architect, representing Reynolds, Smith & Hills, appeared and presented brochure of his firm’s qualifications.

Mr. J. G. Rogers, representing Rogers, Lovelock & Fritz appeared and presented slides of previous work on government buildings by his firm.  Their fee is 8% covering all aspects of the program.  60 to 90 days for a feasibility study.

Mr. John Jenkins and Mr. Robert Owens representing Stottler, Stagg & Associates, appeared and presenting brochure listing projects completed by their firm.  Preliminary study within 90 days.

Mr. Brender and Mr. Haire of Watson & Co. appeared and showed slides of projects handled by their firm.  Time required for feasibility study is three to four months; fee six to eight thousand dollars.  Available immediately.

Mr. Murdoch A. Shaw, Architect, appeared and announced he would be unable to handle this project as he is a one man operation, but would be interested in working on the concept plan.

recess & reassembly

The meeting recessed for lunch at 12:10 o’clock P.M. and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.

bids

It now being the time advertised to receive bids on three dump trucks and one front end loader, the Chairman directed the Clerk to open and tabulate the bids, whereupon, the Clerk reported receiving the following bids:

FRONTEND LOADER

Case Power & Equipment

$24,995.00

 

Florida Equipment Co. of Orlando

25,167.50

 

Le Tourneau Tractor Co.

23,333.30

 

Linder Industrial Machinery Co.

29,682.00

 

Jos. L. Rozier Machinery Co.

29,360.00

 

State Tractor & Equipment Co., Inc.

24,887.50

 

Triangle Equipment Co., Inc.

23,080.00

 

 

 

 

 

 

3 – DUMP TRUCKS

Cecil Clark Chevrolet, Inc.

    6,410.41 each

 

Creamons Chevrolet, Inc.

6,980.84

each

 

Eustis Dodge, Inc.

5,638.99

each

 

International Harvester Co.

6,290.00

each

 

Richey Buick-Pontiac, Inc.

6,331.00

each

 

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

planning & 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. Hoskinson 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 to the classifications designated after each description:

REZONING RESOLUTION #9-72

WHEREAS, the Lake County Planning and Zoning Commission did, on the 31st day of August, 1972, review certain applications for changes and revisions of the zoning of certain areas in Lake County, Florida, and after giving Notice of a Hearing on applications for changes of zoning classifications (including a Notice that said applications would be presented to the Board of County Commissioners of Lake County, Florida, on the 19th day of September, 1972, and

WHEREAS, the Lake County Planning and Zoning Commission did make recommendations as to the changes as requested in the particular applications hereinafter set forth subject to the approval of the Board of County Commissioners of Lake County, Florida, and

WHEREAS, the Board of County Commissioners reviewed said applications, the recommendations of the Lake County Planning and Zoning Commission and any comments, favorable or unfavorable from the public surrounding property owners, at a public hearing duly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Zoning Rules and Regulations of Lake County, be altered and amended as they pertain to the following described tracts of land in Lake County, Florida, to the classification designated after each description and the zoning be altered and changed as follows:

PUBLIC HEARING:  #148-72-2

 

LEGAL DESCRIPTION:  Sec. 15, Twp. 20S, Rge. 24E, Block D, Lots 7, 8, 9, Block J, Lots 7, 8, Block K, Lots 1, 2, 76, 7, 8,  According to the Plat of Okahumpka, files August 4, 1887, recorded in Plat Book 1 page 28, Public Records of Sumter County, Florida.  Located in Lake County, Florida.

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to R-1-5 (Mobile or Mixed Residential District).

 

PUBLIC HEARING:  #151-72-2

 

LEGAL DESCRIPTION: Sec. 15, Twp. 20, Rge. 24.  W ¾ of N ½ of NE ¼ of SE ¼ Lake County, Florida.

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to A (Agriculture).

 

PUBLIC HEARING:  #150-72-2

 

LEGAL DESCRIPTION:  Sec. 14 & 15, Twp. 20, Rge. 24.  W 100 ft of N 328 ft. of Lot 18, Roadside Subdivision.

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to R-1-5 (Mobile or Mixed Residential District).

 

PUBLIC HEARING:  #152-72-2

 

LEGAL DESCRIPTION:  Sec. 11, Twp. 20S, Rge. 24E.  From the NE corner of the NW ¼ of Section 11, Township 20S, Range 24E, run thence E to the waters of Lake Harris, thence Northwesterly along the shore of said lake 450 feet more or less to a point 396 feet N of the N line of said Section, thence West to a point 300 feet northeasterly of the right of way line of US Highway No. 27 when measured at right angles to said right of way, thence Southeasterly parallel with said ROW to a point 330 ft. South of the N line of said Section, thence East to a point 330 feet South of the POB, thence N to the POB.

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from R-1-7 (Urban Residential District) to RP (Residential Professional District).

 

PUBLIC HEARING:  #147-72-1

 

LEGAL DESCRIPTION:  Section 8, Township 18, Range 24, Lot 11, Block 9, Township Plat Book Sumter County Plat, as recorded in Public Records of Lake County, Florida.

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from RR to R-1-5 (Mobile or Mixed Residential District).

 

PUBLIC HEARING:  #153-72-5

 

LEGAL DESCRIPTION:  Sec. 23, Twp. 19S, Rge. 25E, Begin 276.86 ft. W of NE Corner of SE ¼ of Sec. 23, Twp. 19S, Rge. 25E, Lake County, Florida, run thence S 0°40’40” W for 651.15 ft; thence N 89° 21’10” W for 250’, thence S 0°40’40” W to the N Right-of-Way of U.S.  Highway No. 441; thence N’wly along and with said N Right-of-Way to a point that is 1174.14 ft. W of the East Section line:  thence No. 0°40’40” E to the N line of SE ¼; thence S 89°21’10” E along and with said N line of SE ¼ to P.O.B.  LESS following – From a point 276.86 ft. W of the NE corner of SE ¼ of Sect. 23, Twp. 19S, Rge. 25E, Lake County, Florida, run S 0°40’40” W for 651.15 ft. thence N 89°21’10” W for 250 ft., to the P.O.B., run thence N 0° 40’40” E for 120 ft, thence N 89° 21’10” W for 240.57 ft. thence S 0°40’40” W for 231.40 ft to the N Right-of-Way line of U.S. 441, thence S’ely along said Right-of-Way for 251.48 ft. to a point that is S 0°40’40” W of the P. O. B., run thence N 0°40’40” E for 284.77 ft to the P.O.B.

 

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:  #146-72-1

 

LEGAL DESCRIPTION:  SEE ATTACHMENT #I

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from C-1 (Rural or Tourist Commercial District) & R-1-7 (Rural Residential District) to LM (Light Manufacturing District).

 

PUBLIC HEARING:  #158-72-4

 

LEGAL DESCRIPTION:  SEE ATTACHMENT #II

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from RR (Rural Residential District) to R-1-7 (Urban Residential District).

 

PUBLIC HEARING:  #159-72-4

 

LEGAL DESCRIPTION:  SEE ATTACHMENT #III

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from RR (Rural Residential District) to R-1-15 (Residential Estates District).

 

DONE and RESOLVED by the Lake County Board of County Commissioners on the ____ day of _______________, 1972.

 

STATE OF FLORIDA            )

                                                )  SS

COUNTY OF LAKE              )

 

            I HEREBY CERTIFY that the above and foregoing is a true copy of a Resolution adopted by the Board of County Commissioners in regular session on __________________ as

 The same appears of record in County Commissioners Minute Book ______________, Page ________________.

            WITNESS my hand and official seal this ____ day of ________________, A.D.

 

FRANK E. OWENS, Clerk of the Circuit

Court and Ex-Officio Clerk of the Board

Of County Commissioners, Lake County,

Florida.

 

By: ______________________________

            Deputy Clerk

 

PLANNING & ZONING – CONT’D.

Included in the above motion was approval of CUP 379-5 and postponement of Zoning Cases 157-72-1 and 154-72-1 to October 17, 1972 at 2:00 P.M.; and denial of Zoning Case 156-72-1.

Zoning Case No. 155-72-3 was called for hearing and the Chairman called for interested parties to be heard.  Bill Stone, Attorney, representing the applicant appeared in support of the rezoning.  On motion of Commr. VanAuken, seconded by Commr Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request without prejudice.  Commr. Hoskinson voted against the motion.

Conditional Use Permit 380-1 was called for hearing and the Chairman called for interested parties to be heard.  Dewey Burnsed, Attorney, representing the applicant appeared in support of the Permit.  On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Permit was approved overturning the recommendation of the Planning & Zoning Commission.

Zoning Case No. 153-72-5 was called for hearing and the Chairman called for interested parties to be heard.  Arthur Roberts, Attorney, representing the applicant appeared in support of the rezoning.  On motion of Commr. Deems, seconded by Commr. Carson and carried, the recommendation of the Planning and Zoning Commission was reversed and the request from R-1-7 to C-1 was approved.  Commr. VanAuken abstained.

Zoning Case No. 149-72-4 was called for hearing and the Chairman called for interested parties to be heard.  Stanley J. Bogiel appeared and opposed the rezoning.  Applicant Allen Hatch appeared in support of the request.  Frank Lawton, Assistant Planning Director, advised the Board the applicant actually wants RP zoning and not R-3 as requested.  On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the R-3 zoning was denied and the case was referred back to the Planning and Zoning Commission for rehearing.

Zoning Case No. 72-72-4 was called for hearing and the Chairman called for interested parties to be heard.  Harold Kaufman representing the applicant appeared in support of the request.  On recommendation of the Planning & Zoning Commission and on motion of Commr. Deems, seconded by Commr. Carson and carried unanimously, the request was denied.

Mr. Lawton informed the Board Zoning Cases 73-72-4 and 75-72-4 have been postponed twice and the applicant is asking for another postponement.  The cases were dismissed for lack of action on motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried unanimously.

Mr. Hogue, applicant Conditional Use Permit 375-3, was present and advised the Court case has been disposed of and right of way for road was donated to the Forest Service.  The request for a rest home was referred to the County Attorney for recommendation to the Board the first meeting in October.

Zoning Violation Case #72-28 was called for hearing.  On motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried, the case was declared a public nuisance and in violation of the Zoning Regulations and the alleged violator, Allen and/or Preston Carter, was given 30 days to clean up the Area.

Zoning Violation Case #72-30 was called for hearing.  Wm. A. J. Mallory, the violator, was present and stated an elderly ill relative stayed in the trailer and submitted a letter from County Judge W. A. Milton, Jr. stating that the woman is incompetent.  On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the case was declared a public nuisance and Mr. Mallory was given 60 days to remove the trailer.

Attorney Richard H. Langley appeared and asked the Board’s purpose in placing a moratorium on building permits at the intersection of SR 19 and US 27.  Chairman Windram advised him the DOT requested the moratorium to allow the Dept. to make a study for access roads and service roads in the area.  After viewing a map with the developers of Ramada Inn, the County Engineer was instructed to personally contact DOT regarding the construction and issuance of building permits.

maps & plats

The Chairman read letter of recommendation from the County Attorney regarding escrow agreement with Royal Palm Beach Colony, Inc. concerning plat of Royal Trails Unit #1.  Mr. Marshall King, Staff attorney for Royal Palm Beach Colony gave the requirements of the Florida Land Sales Board and stated Improvement Trust Agreement will be prepared by the Division of Florida Land Sales and funds for the construction of improvements will be placed in an escrow account in accordance with the requirements of the Agreement.  On motion of Commr. Deems seconded by Commr. Carson and unanimously carried, the developers were instructed to comply with the subdivision regulations and the plat would be considered at a special meeting on Sept. 26th.

elections

On request of Commr. Hoskinson, the Attorney’s opinion was sought on the necessity if delivering all voting machines to the precincts due to the light vote expected for the second primary election.

On motion of Commr. VanAuken, seconded by Commr. Hoskinson and unanimously carried, a Resolution was adopted changing the voting place in Precinct 9, Lisbon, from Gastfield’s Garage to Mid Florida Lakes Mobile Village, because there is no acceptable location in Precinct 9.

Certificates of the County Canvassing Board for the First Primary Election were filed.

bids

On recommendation of the County Engineer and on motion of Commr. Carson, seconded by Commr. VanAuken and carried unanimously, the following were accepted as the best and lowest bids on annual requirements:

Sign Materials –         3-M Company

                                    Sidal Aluminum

                                    McCain Sales

 

Corrugated Metal and Arch Pipe – Thomas Metals, Inc.

Radio Maintenance – Lake Communications (Motorola)

Lime Rock – Shands & Baker

Slag – Holmes Company

Concrete Pipe – Ewell Pipe Co.

Asphaltic Concrete – Basic Asphalt Corp.

Asphalt Materials – Central Oil Co.

Tankwagon Diesel Fuel and gasoline – Standard Oil Co.

Transport Diesel – Central Oil Co.

Oils – Gulf Oil Corp.

Greases – Standard Oil Co.

 

deeds

Deeds conveying right of way on Simon Brown Road, County #2-2113, were accepted from the following on motion of Commr. Deems, seconded by Commr. Carson and unanimously carried:

Myrtle and Fred Thomas

S. T. Brown and Daisy Mae Brown

Lake Hamilton Citrus, Inc.

Richard E. and Betty Williams Toole

F. J. F & R Corp.

Saunders Groves, Inc.

 

Three deeds conveying right of way on road between County #3-0854 and #3-1067 from Center Lake Corp. were accepted on motion of Commr. Hoskinson, seconded by Commr. VanAuken and unanimously carried.  The Engineer stated there was no agreement made with the donor for maintenance of the road.

roads – county

Mr.  Harpster was given permission to trim the trees overhanging County Road #5-8872.

complaints

Commr. Deems reported the Code Enforcement Officer needs direction from the Board on answering complaints of individuals who park heavy trucks in residential areas and working on them and disturbing other residents.  The Board members concurring, he was instructed to have Mr. Henderson handle on complaint basis and advise the offenders to comply with the zoning regulations or the Board will take further action.

hospitals

Discharge notices from W T. Edwards Tuberculosis Hospital were filed as follows:

Curtis Chandler was discharged with medical advice on      9/2/72

Robert Attkisson                                ditto                            9/1/72

Amador G. Lopez                               ditto                            9/8/72

Rosanna Stokes                                  ditto                            9/8/72

James R. McCauley                            ditto                            9/12/72

Jeff Lee Burns                                    ditto                            9/16/72

 

BONDS

Contractors Bonds for Certificates of Competency were approved for the following on motion of Commr. Deems, seconded by Commr. Carson and unanimously carried:

                 No. 886 – S. W. Williams (Konsler Steel Co.)

                        887 – Wilbur Jones dba Spradlin & Jones Masonry

 

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried bonds for carrying firearms were approved as follows:

            Jerry Cheek

            Thomas Benfield

 

maps & Plats

On recommendation of the Engineer and on motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, plat of Grove Hill Subdivision was approved as meeting all subdivision regulation.

inventory

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, Underwood Manual Typewriter, County #1591, was declared surplus and of no value, and sale of same for $10.00 was authorized.

accounts allowed

Laboratory equipment for the Pollution Control Office in the amount of $395.00 was approved on motion of Commr. Carson, seconded by Commr. VanAuken and unanimously carried.

On motion of Commr. Hoskinson, seconded by Commr. VanAuken and carried unanimously, the Board approved expenditure of $44.10 for 6,000 seedlings to be planted as buffer zones around landfills and borrow pits.

On motion of Commr. Hoskinson, seconded by Commr. Carson and carried unanimously, the Board approved repairs in the sum of $632.00 on the Historical Society Building.

checks received

Mr. Harpster presented checks for use of County landfill from City of Mascotte for $40.00, and from Town of Minneola, $382.00.

cancellation of warrants

On recommendation of the Clerk, the Board approved the cancellation of General Fund Warrant #1249, dated 8/31/72, payable to Katherine L. Baker in the amount of $773.78 as the check apparently went astray; a new warrant was issued.

On motion of Commr. Windram, seconded by Commr. Carson and carried unanimously, the following warrants for non-delivery and outstanding warrants were cancelled:

FUND

   NO.

ISSUED

   AMT.

ISSUED TO:

PURPOSE

General Fund

633

12/14/70

80.93

Pitney Bowes, Inc.

Maint.Contract

“   “

1945

04/11/72

6.20

Angela C. Carr

Wit.Cor.Inquest

“  “

1946

04/11/72

6.20

James A. Carr

Wit.Cor.Inquest

Fine & Forfeiture

1548

09/10/71

6.44

Joe Byrd

Wit.Co.Judg.Court

“ “

1606

09/10/72

7.64

Stewart E. Murphy

“       “     “      “

“ “

530

03/14/72

5.72

Walter Hayes

“       “     “      “

“ “

531

03/14/72

5.72

Willie Hayes

“       “     “      “

“ “

1181

07/11/72

6.44

Johnny L. Scott

“       “     “      “

“ “

192

12/14/71

8.60

Francis A. Beaudin

“       “     “      “

“ “

1102

06/13/72

6.20

Kenneth Williams

“       “     “      “

“ “

1103

06/13/72

6.20

Madeline Williams

“       “     “      “

“ “

1246

08/08/72

5.24

Alan Finley

“       “     “      “

 

Also the issuance of stop payment orders and cancellation of the following warrants which are outstanding:

 

General Revenue

2198

05/10/71

129.65

Bishops

Off.Eq.& Supplies

“ “

1064

07/30/71

8.46

John R. Carlson

Labor

“ “

2447

06/14/71

1.93

Conners, Inc.

Juv.Shelter Supps.

“ “

3559

09/30/71

21.09

U.S. Leasing

Contract

“ “

985

01/11/72

7.70

Miss J. M. Potter

Bd.Visitors Exp.

Road & Bridge

680

06/13/72

61.70

Bob’s Glass

Duplicate Pymnt.

Fine & Forfeiture

1672

09/30/71

7.40

Charlie Shipp

Wit.Co.Jdg.Court

“ “

123

11/09/71

6.20

Aubrey C. Munn

   “    “    “     “

“ “

407

02/08/72

12.00

Oscar E. Wooten, Jr.

Juror “   “     “

“ “

707

04/11/72

5.72

Willie.A. Robertson

Wit.Co.Judg.Court

“ “

708

04/11/72

5.72

William Robertson

   “    “    “     “

“ “

711

04/11/72

5.72

Helen Young

   “    “    “     “

“ “

1480

09/10/71

12.00

Wm. A. L. Booth

Juror  “    “     “

“ “

510

03/14/72

6.20

John M. Marko

Wit.Co.Jdg.Court

 

There being no further business to bring before the Board, the meeting was adjourned at 5:50 o’clock p.m.

 

 

_________________________________                                                                              ____________________________

CLERK                                                                                                                                   chairman