MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS

 TUESDAY – NOVEMBER 21, 1972

The Board of County Commissioners of Lake County, Florida, convened in regular session in the Commissioners’ Room, Courthouse, Tavares, Florida, on Tuesday, November 21, 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 Glenn Burhans.  Others present were: Christopher C. Ford, County Attorney; Fred M. Harpster, County Engineer; Joseph Flynn, County Planner; Frank E. Owens, Clerk of Circuit Court; and Norma H. Coven, Deputy Clerk.

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

public health

The Chairman read letter from Dr. Wilson T. Sowder, State Division of Health, approving Dr. Charles F. Bradley’s appointment as Lake County Health Director.  A letter from Dr. David L. Crane, Chief, Bureau of Local Health Services, acknowledging Dr. Bradley’s appointment was read and filed.

county employee

Mr. Jackson A. Haddox, County Extension Director, presented letter of resignation received from Mr. Andrew J. Rose, Jr., County Extension Agent Horticulturist.  The resignation will be effective December 14, 1972.  On motion of Commr. Carson, seconded by Commr. Deems, and unanimously carried, the Board accepted Mr. Rose’s resignation and a Resolution was adopted expressing the Board’s appreciation to Mr. Rose for his service to Lake County.

commissioners

The Clerk, Mr. Owens, administered the Oath of Office to the following newly elected Commissioners:  Commr. Glenn C. Burhans, Commr. J. M. Hoskinson and James R. Carson, Jr.

planning and zoning

Chairman Windram received a letter from the Orange County Board of County Commissioners which enclosed a copy of subdivision regulations adopted by Orange County.  The Orange County Planning Staff would like a copy of Lake County Land Use and Zoning Regulations.  The letter was referred to the Lake County Planner.

pollution control

Chairman presented letter from Mr. W. K. Hennessey, Field Manager, Department of Pollution Control, regarding burning of junk automobiles.  He advised that Mr. Vincent Brown, Leesburg, has a process for crushing cars and enclosed pictures of the operation.  The Board discussed the problem relating to the disposal of junk autos when the burning ban is imposed.  Commr. Hoskinson stated that he discussed this problem with Mr. Gene Smith, who holds a contract with the County for the pickup of junk autos.  Mr. Smith stated that it would take approximately $130,000 to set up operation for salvaging junk automobiles.

roads – county

Chairman Windram received a request to establish speed limit on Myrtle Drive #5-5862.  The request was referred to the County Engineer for his recommendations.

meetings

The Chairman apprised the Board of a letter he received from Congressman Lou Frey inviting the Board to a meeting in Winter Park, Florida, on November 28, 1972, to discuss what the federal agencies can do in cooperation with State and local agencies to control aquatic weeds in Florida.

right of way – roads

Chairman read a letter received from Mr. C. E. Duncan, Attorney for the City of Tavares, informing the Board that at the City Council Meeting, held on November 1, 1972, it was brought to the attention of the Council that the County has parking spaces along the east side of Block 45 (Barrow Street) in the City of Tavares, and these parking spaces are partially within the block owned by Seaboard Coastline RR and partially within the street.  It was brought out at the meeting that rock ballast has been spread between the west curb of Barrow Street and the stone car stops.  Mr. Duncan stated that the City Council has no objections to the use of said area for parking purposes provided it is understood that in the event any portion is required for future laying of water distribution lines and sewer lines, the city may remove the rock ballast or other installations placed there by the County.  The Board instructed the County Engineer to advise the City Council that the Board agrees to the stipulations on use of this parking area.

roads – county

The Chairman presented a letter received from Mr. Powers, Umatilla, Florida, regarding prescriptive road which leads to the Umatilla landfill.  Mr. Powers advised the Board that, if the County will survey the road, he will donate to the County 1254 feet for the right of way.  The letter was referred to the County Engineer.

Mr. Jeff Ray, Attorney, appeared regarding the access road to Sorrento Shores Subdivision.  The developer plans to pave the roads within the subdivision and requests assistance from the County on improvements to access road 5-7688.  The Engineer was instructed to contact the owners of the property involved and solicit the donation of the right of way needed for this access road.

road maintenance – subdivisions

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board authorized the County Road Department to repair Hickman Drive in Sunnycrest Subdivision; subject repair to be accomplished at the owner’s expense, at cost of $250.00.

appointments

Commr. Carson appointed Mr. F.C.W. Kramer and Mr. James A. Stivender to serve on the Planning and Zoning Commission.

reports

Commr. Hoskinson stated that he was informed at the State Association of County Commissioners Meeting that a Governor’s Study Commission has been formed to report to the Governor on how the County governments can be streamlined.  They sent a request to each Chairman of the Board of County Commissioners asking for a report of all special taxing districts within the County and so far they have only received two replies.  Chairman Windram stated that we have not received the request and asked the Deputy Clerk to write the Commission advising them that we have not received their request and will be happy to supply them with the necessary information.

ordinances

Mr. Ford, County Attorney, requested that the reading of the Central Sewerage and Water Systems Ordinance be postponed.  On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the third reading of the Central Sewerage and Water system Ordinance was postponed until December 19, 1972.

courthouse complex

Mr. Allen Helman and Mr. Chuck Braun from the Environmental Design Group, Inc. appeared before the Board regarding the Courthouse Complex Study.  Chairman Windram stated that it was the Board’s desire to find out what is needed to proceed with the study and how much in depth the study should go.  The representative from Environmental Design Group presented some program considerations for the study.  The Chairman of the Board appointed Commr. Carson to act as liaison for this project.  Commr. Carson called a meeting with the representatives from Environmental Design Group and the County Planner, Engineer, and Pollution Control Director for December 4, 1972, to discuss this project in further detail.

road closing

It now being the time advertised to hold a public hearing to consider a petition to close Hibiscus Road, Eustis Heights Subdivision, Lake County, Florida, and no one appearing to object to the closing, a motion was made by Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, that a Resolution be adopted to close the following described road, providing a deed is conveyed to the County for a 50 ft. radius cul-de-sac.

That portion of Hibiscus Road in the Partial Replat of Eustis Heights Subdivision as recorded in Plat Book 17, Page 4, Public Records of Lake County, Florida, as lies between Lots 10, 11, 12, and 13 of Block B and Lots 3, 4, 5 and 6 of Block C of said Subdivision.

BEVERAGE LAW

Mr. John Marroney appeared before the Board regarding the sale of alcoholic beverages on New Year’s Eve, which falls on a Sunday.  He operates Club 27 in Okahumpka and requested that he be allowed to open from 4:00 o’clock P.M., December 31, 1972, until 2:00 o’clock A.M., on January 1, 1973.  Mr. Ford, County Attorney, informed the Board that any change in hours regarding the sale of alcoholic beverages must be by adoption of an Ordinance.  On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board directed the Attorney to draw up an Emergency Ordinance establishing hours for the sale of alcoholic beverages when New Year’s Eve falls on a Sunday.

maps & plats

The Engineer presented Plat of St. Johns’ River Acres Subdivision with approval from Planning Director, County Attorney and Engineer attached.  Subject subdivision is located in Township 17 South, Range 29 East, and contains a total of 52 5-acre tracts.  On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Plat of St. Johns River Acres Subdivision was accepted and approved for record.

bonds – misc.

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

James E. Bouldin

James Box

F. L. Carpenter

Flonnie L. Cope

John S. Hougton

Mary E. James

Linda H. Krupski

James A. Livingston (3)

Malcolm V. McCall

D. B. Sewell     

Dennis F. Wright

The Board instructed the County Attorney to review the law regarding approving permits to carry firearms to ascertain whether or not the weapon may be concealed and to check with other counties regarding their procedures on issuing gun permits.

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

#274    -           C. R. Keene dba Keene Construction

#281    -           David Shelley (Plumbing)

#870    -           George E. Myers dba Artco Glass Products, Inc.

#943    -           L. T. Brown dba Kong, Inc. (Painting)

#268    -           Grant Smallwood

#953    -           Ray F. Newton (Electrical)

#944    -           Jim Schroader dba Jim Schroader Painting & Drywall

#945    -           Roland L. Simmons (Roofing)

#946    -           Jack Retey (Brick & Stone Mason)

#947    -           Alton G. Lewis dba Lewis Metal Shop

#948    -           Johnnie Miller (Roofing)

#949    -           Robert E. Gay (Electrical)

 

civil defense

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, Surplus Property Agent Certification was signed by the Chairman and Clerk authorizing Mr. Fred Bollenberg, Director of Civil Defense, to receive donable surplus property for civil defense purposes in behalf of Lake County.

ordinances

It now being the time advertised to consider a proposed Ordinance relating to the Lake County Law Library, and on motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Ordinance was placed on second reading by title only, said title being as follows:

An Ordinance providing for the establishment and maintenance of a law library in the courthouse of Lake County, Florida; providing for a Board of Trustees to establish, equip, furnish, maintain and operate a law library; providing for a librarian, assistant librarian, and personnel and fixing their salaries or compensation; providing for the manner of raising funds and expenditure of such funds for a law library; authorized said Board of Trustees to make and enforce rules and regulations as to said library; declaring the law library to be for county purposes; authorizing the Board of County Commissioners of Lake County to authorize and appropriate other available funds to the Board of Trustees for a law library; providing for the Clerk of Circuit Court to keep records of all meetings of the Board of Trustees, and to receive and disburse the funds of the library, and for the Board of Trustees to annually submit a Budget to the Board of County Commissioners for Lake County, and providing an effective date.

The Chairman called for comments from the public regarding the Ordinance.  On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Ordinance was approved on the second reading by title only.

planning and zoning

On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Chairman and the Clerk were authorized to sign the contract between the Town of Minneola and Lake County for planning services.

hospitals

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

            Norman Daniel Wagner

maps & plats

The Engineer presented Plat of Camphorwood Shores Subdivision with approval from Planning Director, County Attorney and Engineer attached.  Subject subdivision is located in Section 31, Twp. 22, Range 26.  On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Plat of Camphorwood Shores Subdivision was accepted and approved for record.

communications

Letter from Kenneth C. Klos, East Central Florida Regional Planning Council, regarding Oklawaha Comprehensive River Basin Study was read and filed.

Deputy Clerk read letter from Mr. L. R. Busk regarding County maintenance roads in Haines Creek area.  Letter was referred to Commr. Carson.

Notice from the Chairman of Oklawaha River Basin Improvement Council regarding meeting scheduled for November 29, 1972, at 2:00 P.M. at courthouse, Tavares, was read.

Deputy Clerk read notice from the Department of Transportation stating that SR 455 from Ferndale to SR 19 was officially deleted from the State Primary System and any future maintenance is the responsibility of Lake County.

Copy of Certificate of Canvassing Board and Minutes, dated November 8, 1972, was filed with the Board.

Telegram from Mr. J. Carter V. Pardue, Dallas, Texas, regarding election of Guy Bliss was read.

Deputy Clerk read notice from the Department of Business Regulation, Division of Florida Land Sales, regarding application for exemption on 40 lots for subdivider Robbins, Leeds and Kauffman.  Correspondence was referred to Mr. Flynn, County Planner, and Mr. Harpster, County Engineer.

Attorney General’s Opinion 072-349 concerning ad valorem tax administration was read and referred to the Attorney.

Notice of application of Rush Trucking, Inc. to the Public Service Commission for authority to transport Stanley Home Products in Florida was read and filed with the Board.

recess and reassembly

The meeting recessed for lunch at 12:00 o’clock noon and reconvened at 1:30 P.M. to take up the remaining items of business.

maps & plats

The Engineer presented Plat of Lake Dora Pines Subdivision with approval from Planning Department, County Attorney and Engineer attached.  On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Plat of Lake Dora Pines Subdivision was accepted and approved for record.

bids

On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the Clerk to advertise for bids for one pickup truck and one sedan for the Planning Department to be opened December 19, 1972.

licenses and permits

The following permits, filed by the County Engineer, were approved on motion of Commr. Hoskinson seconded by Commr. Deems and unanimously carried.

 

#401 to Florida Telephone Corporation to construct and maintain buried cable and a carrier site along Dist. Road 3-0840 located between SR 561 and Dist. Road 3-1040.

#402 to Florida Telephone Corporation to construct and maintain an “H” fixture and carrier bank along Dist. Road 3-4140 located between Tavares and Howey.

#403 to Florida Telephone Corporation to construct and maintain buried cable along Dist. Road 5-6349 located between Lisbon and Grand Island.

To Sumter Electric Coop. to construct and maintain a C-9 power line on the south side of 4-4183.

To Sumter Electric Coop. to construct and maintain power line Dist. Road 4-5884.

Utility Permit to Sumter Electric Coop. to construct, operate and maintain 7.2 KV electric distribution line about south line of tract 40 Groveland Farms Sec 32-22-25 to center of tract 40 Sec 32-22-25.

Utility Permit to Sumter Electric Coop. to construct, operate and maintain 7.2 KV electric distribution line from about center of NW ¼ of SE ¼ Sec 31-21-25 to south line of NW ¼ of SE ¼.

Utility Permit to Sumter Electric Coop. to construct, operate and maintain 7.2 KV electric distribution line about center line of SW ¼ Sec 28-23-25 to center of tract 45 Postal Colony.

Utility Permit to Sumter Electric Coop. to construct, operate, and maintain a power distribution line from north side of 5-8872 to South side of 5-8872.

Utility Permit to Amoco Production Company to conduct vibroseis survey along Lake County roads 2-2005, 2-2605, 2-2704 and 2-1805.

Permit to Department of the Army to construct coaxial cable across Haines Creek on north side of the SR 44 Bridge.

Driveway Permit to Frank Wilken, P.O. Box 56, Paisley, Florida.

Driveway Permit to Oscar Erickson, Minneola, Florida

Driveway Permit to Ronald E. Young, Route #1, Leesburg, Florida.

maps & plats

The Engineer presented Plat of Morningview Subdivision with approval from Planning Director, County Attorney and Engineer attached.  On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Plat of Morningview Subdivision was accepted and approved for record.

bids

On recommendation of the County Engineer and on motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board accepted the bid of Richey Buick-Pontiac, Inc. as the lowest and best bid to furnish one 1973 GMC Pickup Truck at a price of $2,633.00 for the Pollution Control Department.

road maintenance – subdivisions

The County Engineer presented a letter for the Chairman’s signature to Division of Florida Land Sales stating that Lake County will accept the streets of Holiday Lakes Subdivision, Phase I, into the County Maintained System upon construction and compliance with County standards and completion of the 12-month maintenance period.

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. Hoskinson and unanimously carried, a Resolution was adopted altering and amending the Zoning Rules and Regulations as they pertain to the following tracts of land:

REZONING RESOLUTION #11-72

WHEREAS, the Lake County Planning and Zoning Commission did, on the 26th day of October 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 21st day of November 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: 149-72-4

LEGAL DESCRIPTION:

Sec. 26, Twp. 19S Rge. 26E. Parcel 1 OR Book 319, Pg. 905.  Beginning at the old Meander corner 35 chains West of the Northeast corner of said Section 26; run South 36° 0’ West along Old Traverse line 2164.8 ft.; thence South 35° 0’ West 159.1 ft., thence North 139.9 ft., thence South 35° 0’ West Parallel to aforesaid old traverse line, thence North 35° 0’ along old traverse line 391.6 ft., to POB, containing in all 2-1/2 M/L.  ALSO:  Begin on East line of Government Lot 6, 2578 ft., Southwest of Northeast corner of said Lot, run North 665 ft., South 35° 0’ West 114.2 ft., South 665 ft., North 36° 0’ East 114.2 ft. to POB.  ALSO:  Parcel 2, OR Book 323, Pg. 199, from Northeast corner of Section 26, run West along the North line of the said Section 26, a distance of 2310 ft., thence run South 36° 0’ West 2164.8 ft., thence run South 35° 0’ West 528 ft., thence run North 169 ft. for a POB.  From said POB run thence North 496 ft., thence run South 35° 0’ West 57.9 ft., thence run South 5° 20’ West 450.68 ft., thence run East 75.07 ft., to POB.

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

PUBLIC HEARING: 178-72-5

LEGAL DESCRIPTION:

Sec. 24, Twp. 18S, Rge. 26E.  The East ½ of the South 105 ft. o the North 735 ft. of the West 420 ft. of the NW ¼ of the SW ¼.

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

PUBLIC HEARING: 179-72-4

LEGAL DESCRIPTION:

Sec. 15, Twp. 19S, Rge. 26E.  Lots 10, 11, 12, & 13, Blk. B, AND LOTS 3, 4, 5, 6, 9, 10, 11, & 12 of Blk. C., in Eustis Heights Replat, as recorded in P. B. 17, Pg. 4, Public Records of Lake County, Florida.  ALSO that portion of Hibiscus Road lying between said lots.

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

PUBLIC HEARING: 180-72-5

LEGAL DESCRIPTION:

Sec. 28, Twp. 17S, Rge. 28E. NW ¼ of NW ¼.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from A (Agriculture) to RR (Rural Residential District).

PUBLIC HEARING: 181-72-5

LEGAL DESCRIPTION:

Sec. 21, Twp. 18S, Rge. 29E.  The South ½ of the North ¼ AND the South ½ of the North ½ AND the East 3,057 ft. of the South 2 ft. of the North 1/8.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from A (Agriculture) to RA (Ranchette District).

PUBLIC HEARING: 182-72-1

LEGAL DESCRIPTION:

Sec. 10, Twp. 19S, Rge. 24E.  The North 440 ft. of the NE ¼ of the SE ¼ AND part of the SE ¼ of the NE ¼ bounded and described as follows:  From the Southeast corner of the NE ¼ run South 89° 58’40” West along the South line of the NE ¼ of said Section 10,323 ft. to the POB.  From said POB run thence North 0° 22’10” East 780 ft.; thence South 89° 58’40” West 565.9 ft. to the East boundary of the ROW of the 40 ft. wide Picciola Road; thence South 28° 30’ West along the East boundary line of said road along a curve to the left whose radius is 363.07 ft., a distance of 80.7 ft. to the South line of the NE ¼ of said Section; thence North 89° 58’40” East 974.2 ft. to the POB:  LESS that part thereof condemned for road ROW, borrow pit and haul road described in final Decree in Eminent Domain proceedings.  See Deed Book 331, Page 293, Public Records of Lake County, Florida.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from RR (Rural Residential) to R-3 (Mobile Home Rental Park/Subdivision District).

PUBLIC HEARING: 183-72-1

LEGAL DESCRIPTION:

Sec. 33, Twp. 18S, Rge. 24E. From the Northeast corner of the SE ¼ of the NE ¼ run South 89° 48’20” West along the North line of said SE ¼ of NE ¼ a distance of 834 ft., more or less to a point on the Easterly line of the ROW of U.S. Highway 441; thence run South 0° 32’40” West along the E’ly line of said ROW 365.07 ft., for a POB.  From said POB run North 89° 48’20” East 318.2 ft., thence South 0° 13’30” East 385.75 ft., to the North line of land conveyed to Ed Brawner by deed recorded in O. R. Book 317, Pg. 314, Public Records of Lake County, Florida, thence South 89° 49’40” West along the North line of said land conveyed to Ed Brawner, 373 ft., more or less to the E’ly line of the ROW of U.S. Highway 441; thence North 0° 32’40” East along said ROW 385.75 ft. more or less to the POB.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from C-2 (Community Commercial District) to LM (Light Manufacturing District).

PUBLIC HEARING: 184-72-5

LEGAL DESCRIPTION:

Sec. 26, Twp. 18S, Rge. 26E.  Lots 175, 176 & 177 in Eustis Park Subdivision “B,” as recorded in P. B. 8, Pg. 14, Public Records of Lake County, Florida.  LESS AND EXCEPT the North 60 ft. thereof.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from C-2 (Community Commercial) & R-1-7 (Urban Residential District) to R-1-5 (Mixed or Mobile Residential District).

PUBLIC HEARING: 185-72-1

LEGAL DESCRIPTION:

Sec. 21, Twp. 19S, Rge. 24E.  Lots 25, 26 & 27 of Edgewood Park Subdivision Addition No. 4, as recorded in P.B. 13, Pg. 42, Public Records of Lake County, Florida.

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

PUBLIC HEARING: 188-72-2

LEGAL DESCRIPTION:

Sec. 16, Twp. 19S, Rge. 24E.  From the Southeast corner of the NE ¼ of the SW ¼, run West 446.63 ft., to POB, run North 02° 16’40” West 716.65 ft. South 87°15’10” West for 311.1 ft. South 2°49’50” East for 703.55 ft., thence East to POB, the East 720 ft. of the North ½ of the SE ¼ of SW ¼ AND West 400 ft. of the South 280 ft., of the North ½ of SE ¼ of SW ¼  LESS ROW FOR S. R. 468.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from RP (Residential Profession District) & R-3 (Mobile Home Rental Park/Subdivision) plus CUP 362-2 (Private Club in RP) to R-1-5 (Mobile or Mixed Residential District).

PUBLIC HEARING: 191-72-4

LEGAL DESCRIPTION:

Sec. 33, Twp. 19S, Rge. 27E. All of Blocks 1 and 3 (Less Lots 1 & 18); AND Lots 1, 2, 17 and 18 in Blocks 2 & 4.  As recorded in P. B. 6, Pg. 112, Public Records of Lake County, Florida.

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

PUBLIC HEARING: 192-72-5

LEGAL DESCRIPTION:

Sec. 13, Twp. 19S, Rge. 25E. Begin 1928 ft. South and 350 ft. East of the Northeast corner of NW ¼ of NW ¼ on West boundary of Vista Avenue for POB.  Run West 119 ft., South 60 ft., East 119 ft., North 60 ft., to POB.

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

PUBLIC HEARING: 193-72-4

LEGAL DESCRIPTION:

Sec. 34, Twp. 18S, Rge. 28E.  The SE ¼ of the NW ¼.

 

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from A (Agriculture) to RA (Ranchette District).

PUBLIC HEARING: 194-72-4

LEGAL DESCRIPTION:

Sec. 22, Twp. 19S, Rge. 26E.  The East 450 ft. of the North ½ of the SE ¼ of the NE ¼ LESS the East 33 ft. for ROW of road and LESS the South 350 ft. thereof.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from LM (Light Manufacturing District) to C-2 (Community Commercial District).

PUBLIC HEARING: 195-72-2

LEGAL DESCRIPTION:

  Sec. 19, Twp. 23S, Rge 25E.

CHANGE IN ZONING CLASSIFICATION:  The Zoning Classification is hereby changed from A (Agriculture) to R1-15 (Residential Estates District).

Included in the above motion was approval of Conditional Use Permits 377-3, 382-1, 384-4 and 386-4.

On recommendation of the Planning and Zoning Commission, and on motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, Zoning Case No. 186-72-2 was postponed until 2:00 o’clock P.M. on December 19, 1972.

Mr. E. W. Martin, applicant, appeared and requested postponement of Zoning Case No. 190-72-5.  On motion of Commr. Deems, seconded by Commr. Carson, and unanimously carried, Zoning Case No. 190-72-5 was postponed until 2:00 o’clock P.M. on December 19, 1972.

Mr. Dewey Burnsed appeared and requested postponement of CUP 385-3.  On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, CUP 385-3 was postponed until 2:00 o’clock P.M. on December 19, 1972.

Mr. Frank Daley appeared before the Board and requested postponement of hearing on CUP 387-3.  Mr. George Hovis, Attorney, appeared in opposition to the hearing postponement.  On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, postponement of CUP 387-3 was denied.  Conditional Use Permit 387-3 was called for hearing and the Chairman called for interested parties to be heard.

            Frank Daley appeared in interest of rezoning.

            Jack Beatty appeared in interest of rezoning.

            Mr. George Hovis, Attorney, appeared opposing the rezoning request.

 

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the request for rezoning was denied and the decision of the Planning and Zoning Commission was upheld.

Zoning Case No. 189-72-2 and CUP 383-2 were called for hearing and the Chairman called for interested persons to be heard.

            Mr. R. M. Fisher, applicant, appeared in interest of the rezoning.

            Mr. Marvin Smith appeared and opposed the rezoning.

            Mr. Clayton Weir, Attorney, appeared opposing the rezoning.

            Mary Purvis, adjoining property owner, appeared opposing the rezoning.

 

On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the request was denied and the decision of the Planning and Zoning Commission was upheld.

Zoning Case No. 181-72-5 was called for hearing and the Chairman called for interested parties to be heard.

            Harley Morse, applicant, appeared in interest of the rezoning request.

Marjorie Packard appeared and stated that she had no objection to the rezoning          but wanted to know where the property         was located.

 

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried the request for rezoning was approved and the decision of the Planning and Zoning Commission was upheld.

Zoning Case No. 193-72-4 was called for hearing and no one appeared to object to the rezoning.  On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the request for rezoning was approved and the decision of the Planning and Zoning Commission was upheld.

Zoning Case No. 191-72-4 was called for hearing and the Chairman called for interested parties to be heard.

Mr. Howard McCree appeared opposing the R-1-7 rezoning recommendation made by the Planning and Zoning Commission.  On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved rezoning to R-1-5 and overturned the decision of the Planning and Zoning Commission.

Mr. Frank Lawton, Assistant Planning Director, requested that the Board consider a new zoning classification of R-3-S for Subdivisions; R-3 for rental parks.  On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, the Planning Department was authorized to advertise a new classification to the zoning ordinance of R-3-S for subdivisions and R-3 for rental parks, with inclusion of reverter clause which will provide an automatic review of the zoning after 24 months if construction permit has not been applied for.

Zoning Violation Case 72-33.  Mr. Johnnie Boyd appeared before the Board and presented an affidavit establishing pre-existing use of his property as a rodeo arena since 1956.  Mr. Boyd advised the Board that the junk automobiles he was cited for have been removed.  It was the opinion of the County Attorney that the document presented was sufficient to establish pre-existing use.  Commr. Hoskinson moved that, in view of the affidavit presented establishing pre-existing use and the removal of the junk automobiles, this area does not appear to be in violation of the zoning ordinances.  The motion was seconded by Commr. Carson and unanimously carried.

Zoning Violation Case 72-34 was declared a public nuisance and violator, Mr. M. H. Guthrie, was given 30 days to remove the bulldozer, on motion of Commr. Carson, seconded by Commr. Deems and unanimously carried.

ordinances

On motion of Commr. Carson, seconded by Commr. Hoskinson, an emergency was declared by unanimous vote of the members present, and after said emergency was declared, an Emergency Ordinance was placed on first reading by title only on motion of Commr. Carson, seconded by Commr. Deems, and unanimously carried; said title being as follows:

An Emergency Ordinance.  An Ordinance declaring an emergency, providing for liquor license holders opening hours on New Year’s Eve when New Year’s Eve falls on Sunday, setting and providing for the hours the liquor license holders may be open on December 31, and January 1, of those years when New Year’s Eve is December 31 and falls on Sunday, providing an effective date.

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Emergency Ordinance was adopted on first reading by title only.

On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Emergency Ordinance was placed on second reading by title only.

On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried the Emergency Ordinance was adopted on second reading by title only.

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Ordinance was placed on third reading by title only.

On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the title of the Ordinance was amended by deleting the word “Emergency.”

On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Emergency Ordinance was adopted on third reading, as amended, by title only.

Commr. Burhans moved that the Emergency Ordinance be amended and reconsidered on the third reading.  Motion was seconded by Commr. Hoskinson and unanimously carried.

On motion of Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried, the Ordinance was placed on third reading by title only, as amended, said title being as follows:

An Ordinance providing for liquor, beer, or wine, or all alcoholic beverage license holders opening hours on New Year’s Eve when New Year’s Eve falls on Sunday, setting and providing for the hours the liquor, beer, or wine, or all alcoholic beverage license holders may be open on December 31, and January 1, of those years when New Year’s Eve is December 31 and falls on Sunday, providing an effective date.

On motion of Commr. Burhans, seconded by Commr. Deems and unanimously carried, the Emergency Ordinance was adopted on the third and final reading by title only, as amended.

deeds

Mr. Ford, County Attorney, presented a letter received from R. Dewey Burnsed, Leesburg City Attorney, which states that the City of Leesburg objects to the assumption of liability on the clay pit property that the County deeded to the City.  The City of Leesburg is willing to assume liability only for over digging and requested that a new deed be executed.  On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board instructed the Attorney to re-execute the deed showing that the County only holds the City of Leesburg liable for any and all over digging  which may arise against the County regarding these parcels of property.

accounts allowed

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved travel allowances for Cooke Gravlee for months of October, November and December 1972.

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved the purchase of three additional County Commissioners’ Manuals at cost of $30.00 per copy.

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved travel for P. R. Edwards to attend public hearing on statewide rule on phosphate content of detergents in Tallahassee, Florida, on November 26 – 29, 1972.

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved travel for P. R. Edwards to attend public hearing on statewide rule on phosphate content of detergents in Tallahassee, Florida, on November 26 – 19, 1972.

On motion of Commr. Deems, seconded by Commr. Carson and unanimously carried, the Board approved travel for P. R. Edwards to attend State Pollution Control Meeting on package sewerage plants in Tallahassee, Florida on December 5 and 6, 1972.

On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board approved the purchase of two 3-drawer legal files for the Planning Department from F & R Office Supply, Inc. in the amount of $225.90.

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved the purchase of two civil action dockets for the Clerk’s Office from Bowen Supply Company in the amount of $220.00.

On motion of Commr. Carson, seconded by Commr. Deems and unanimously carried, the Board approved travel for Herbert Story and Robert Alderman to attend meeting on record keeping and administration procedures regarding landfill, mosquito control and pollution in Gainesville on November 30 and December 1, 1972.

checks received

On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried a check was accepted from U. S. Forestry Service for Lake Woodruff Refuge in amount of $122.86.

On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, a check was accepted from Flohio Corporation, which is reimbursement for installing culvert under Sullivan Road, in amount of $2,083.15 and approved recording of drainage easement.

reports

Financial statements for year ended June 30, 1972, for Leesburg Hospital Association, Inc. and the Northwest Lake County Hospital District were filed with the Board.

resolutions not classified elsewhere

On motion of Commr. Deems, seconded by Commr. Hoskinson and unanimously carried, the Board instructed the Attorney to draw up properly worded Resolution commending Kenneth VanAuken for his service to Lake County while serving as a member of the County Commission.

county employee

On motion of Commr. Hoskinson, seconded by Commr. Deems and unanimously carried, the Board requested that the Clerk notify Mr. Cooke Gravlee that, due to the implementation of Article V, which will take effect on January 1, 1973, his employment will be terminated and commend him for his past services to the County Judges’ Court.

holidays

On motion of Commr. Carson, seconded by Commr. Deems and carried, December 26, 1972, was declared a holiday for Lake County employees.  Commr. Hoskinson voted “no.”

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

 

 

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CLERK                                                                                                                                               chairman