MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MARCH 20, 1973
The Board of County Commissioners of Lake County, Florida, convened in regular session Tuesday, March 20, 1973, in the Commissioners’ Room, Courthouse Tavares, Florida, at 9:00 o’clock A.M. with the following members present: C. A. Deems, Chairman; J. M. Hoskinson, Glenn C. Burhans, and James R. Carson, Jr. Commr. Windram was not present. Others present were: James C. Watkins, Clerk of Circuit Court; Fred M. Harpster, County Engineer; Christopher C. Ford, County Attorney; and Norma H. Coven, Deputy Clerk.
The Chairman called the meeting to order and the invocation was given by Clerk Watkins. The Pledge of Allegiance to the Flag was recited.
public health
The Chairman presented letter from the City of Leesburg concerning grants to upgrade Emergency Medical Services on revenue sharing basis. The Chairman will contact Fred Lewis, State Department of Health, and ask him to come before the Board to explain the program.
roads – STATE
The municipalities were represented by the following who submitted road priority requests for the 5-year Road Improvement Program (73/74 through 78/79).
City of Tavares – Robert Young and F. Wallace Dedier
City of Eustis – John Lane, Mayor
City of Leesburg – Sam Mazzota, Planner
City of Clermont – Robert M. Hopkins, City Manager
City of Fruitland Park – Joe Grubbs, Mayor
Written requests from the following municipalities were filed with the Board:
City of Howey in the Hills
City of Groveland
City of Mount Dora
George Smith of the Department of Transportation was present and reviewed with the Board the monies available for road construction. Commr. Carson requested that the Department of Transportation give the Board a report of funds available before the meeting to be held in Deland on March 28, 1973.
road closing
It now being the time advertised for the Board to consider petition to close road in Lake Saunders area; Frederick J. Catalano, Attorney, appeared before the Board and presented petition on behalf of James C. and Bertha Johnson to close the following road:
Commencing at the northeast corner of Lot 1, Section 23, Township 19 South, Range 26 East, run West 122 feet; thence South 20 feet; thence East 122 feet; thence north to point of beginning.
On recommendation of the County Attorney, and on motion of Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried, the Board requested that the attorney representing the petitioning landowners notify the adjoining landowner and try to obtain a consent and, if consent cannot be obtained, that notice be given by him to the adjoining owner that the public hearing will be continued on April 17, 1973, at 10:00 o’clock A.M. to consider same.
Commr. Burhans recommended that all adjoining property owners be notified of public hearings regarding road closings in the future. The Chairman directed that all requests be referred to the Engineer before coming to the Clerk’s Office so his department can notify all adjoining owners.
right of way easements
It now being the time advertised to hold public hearing to consider a petition to vacate easement in Lake Franklin Park; Roy Christopher, Attorney for the petitioner, appeared in support of the petition. A letter of approval from the County Engineer and the Director of Planning was presented. The Chairman called for objections from the public. No one appearing to object to the petition, a motion was made by Commr. Hoskinson seconded by Commr. Burhans, and unanimously carried, adopting a Resolution to vacate the following easement:
The easement shown running on the S 5 ft. of Lots 1 and 11, Blk 6; Lots 1 and 11 Blk 7; Lots 1 and 11 Blk 8; and Lot 1, Blk 9. The N 5 ft. of Lots 2 and 12 Blk 6; Lots 2 and 12 Blk 7; Lots 2 and 12 Blk 8; and the N 5 ft. of Lots 2, Blk 9, all in accordance with the revision of plat of Lake Franklin Park shown in Plat Book 9, Page 21, of Lake County Records.
Public health
Peter Bikar appeared and informed the Board that an adjoining property owner drilled a well 40 ft. from his septic tank and an inspector informed him that he will have to remove the tank. The matter was referred to the Pollution Control Department.
state agencies
Bobby Kilgo, from the State Attorney’s Office, introduced Don Keirn, Chief Driver Improvement Officer, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles who explained the DWI Rehabilitation Program to the Board members. He stated that there is no expense to the County, as the course is financially self-sustaining through student registration fees, and that federal funds are available through the Governor’s Highway Safety Commission to reimburse the County for initial outlay expenses, up to $3,000, for items such as projectors, visual aids, etc.
Commr. Carson moved that, on the basis of the Clerk’s Office maintaining the necessary records and assuming full responsibility of the Program, the Board make available $3,000 from contingency funds to start the DWI Rehabilitation Program and designate the Clerk to request Federal funds, through the Governor’s Highway Safety Commission, to reimburse the County for initial outlay expenses. The motion was seconded by Commr. Burhans, and unanimously carried.
planning and zoning
Dewey Burnsed, Attorney, appeared regarding Conditional Use Permit 385-3 for sand mining in agricultural zone. Commr. Carson moved that CUP 385-3 be approved and that the Director of Planning and Clerk be authorized to sign same after paragraph 12 is amended to read:
“Access to State Road #50 shall be fortified and meet the approval and specifications of the Director of Public Works and maintained by the permittee during the life of this permit.”
Commr. Hoskinson voted “no.” The Chairman declared the motion carried.
county employees
The Clerk advised the Board of resignation of Murry Lowe, Custodian, effective April 15, 1973, and requested that he be paid for two weeks’ vacation time. On motion of Commr. Hoskinson, seconded by Commr. Carson, and unanimously carried, the Board accepted Mr. Lowe’s resignation with regrets and adopted Resolution commending him for his services to the County. The Board instructed the Clerk to advertise and take applications to fill the position.
meetings
The Board scheduled a special meeting to go over the 5-year road improvement requests on March 22, 1973, at 9:00 o’clock A.M.
budgets
The Clerk presented budget figures for the State Attorney’s Office for the Boards’ information.
recess and reassembly
The Chairman announced that the Commissioners will have lunch at the Fiesta Restaurant and invited all members of the Press and public to join them on a Dutch-treat basis. The meeting adjourned at 11:55 o’clock A.M. and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
planning and zoning
L. E. Taylor, Attorney representing San Rok Materials, appeared before the Board regarding CUP 360-3B for expansion of sand mining operation. At zoning hearing held on February 20, 1973, the request was postponed until the applicant, owner, attorney and Planning Director could draw up conditions that were applicable and acceptable to all parties involved. After review by the Board members, Commr. Carson moved that the Planning Director and Clerk be authorized to sign CUP 360-3B. The motion was seconded by Commr. Hoskinson, and unanimously carried.
licenses and permits
Commr. Hoskinson advised the Board that the Lake Louisa Security Patrol has a government surplus fire truck and cannot obtain a tag for it without a title. The County Attorney stated that, in his opinion, it would be very dangerous for the fire truck to run on County tags, unless included on the County’s liability policy or Lake Louisa Security Patrol carries a sizeable liability policy. The Board asked the Attorney to check into the matter.
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. Burhans 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 # 3-73
WHEREAS, the Lake County Planning and Zoning Commission did on the 22nd day of February, 1973, review certain applications for change and revisions of the zoning of certain areas in Lake County, Florida and after giving Notice of Hearing on applications for changes of Zoning Classification (including a Notice that said applications would be presented to the Board of County Commissioners of Lake County, Florida, on the 20th day of March 1973); 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, 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 classifications designated after each description and the zoning be altered and changed as follows:
PUBLIC HEARING #14-73-1
LEGAL DESCRIPTION: Sec. 19, Twp. 19S, Rge. 24E. Begin 318 ft. North of SE Corner of NE 1/4 of SE 1/4 run North 410 ft.; West 315 ft., South 410 ft., East 315 ft., to POB.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from Agriculture to R-1-7 to place two (2) homes on property.
PUBLIC HEARING #15-73-1
LEGAL DESCRIPTION: Sec. 24, Twp. 18S., Rge. 24E. Government Lot 7, Less and Except the West 726 ft. thereof, and Less the North 84.92 ft. thereof, and Less the North 100 ft. of the South 530 ft., of the East 150 ft. of the West 876 ft. of said Government Lot 7.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from RR to R1-15 for lots for individual residential dwellings.
PUBLIC HEARING #16-73-1
LEGAL DESCRIPTION: Section 12, Twp. 19S, Rge. 25E. Begin 150 ft. Easterly and 1360 ft. South of Center of Section on the North boundary of Missouri Street for a POB. From this point run thence North 200 ft. thence Easterly 470 ft. thence South 200 ft. to North boundary of Missouri Street; thence Westerly 470 ft. to POB.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-1-7 to R-1-5 to place two mobile homes on property.
PUBLIC HEARING #18-73-4
LEGAL DESCRIPTION: Sec. 25, Twp. 19S Rge. 27 E. South 1/2 of Block 31, Reeves Subdivision, as recorded in P.B. 1, Pg. 32, Public Records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-1-5 to C-2 for Fiberglass Septic Tank Sales Office.
PUBLIC HEARING #20-73-3
LEGAL DESCRIPTION: Sec. 27, Twp. 19S, Rge. 26E. The East 220 ft. of the West 325 ft., Less South 200 ft. thereof, of Lot 1 in John G. McNaught’s Subdivision, of Government Lot 12, as recorded in P.B. 4, Pg. 2, Public Records of Lake County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-1-7 + CUP 297-3 to RP for Apartments.
PUBLIC HEARING #21-73-3
LEGAL DESCRIPTION: Sec. 6, Twp. 20S, Rge. 26E. Lot 38 and part of Lot 37 East of S.R. 19, Plat of Lane & Jackson (Lane Park), Less ROW for public road, in Lane and Jackson’s Subdivision in Lane Park, in Lake County, Florida, according to the plat thereof filed May 21, 1885, in the Office of the Clerk of the Circuit Court of Sumter County, Florida.
CHANGE IN ZONING CLASSIFICATION: The Zoning classification is hereby changed from Agriculture to M-1 to continue cabinet shop and roof trusses operation.
PUBLIC HEARING #22-73-5
LEGAL DESCRIPTION: Sec. 17, Twp. 18S, Rge. 27E. East 1/2 of the NE 1/4 of the NW 1/4.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from Agriculture to RA for conventional or mobile homes on five (5) acre tracts.
PUBLIC HEARING #23-73-3
LEGAL DESCRIPTION: Sec. 8, Twp. 20S, Rge. 26E. All that part of the SE 1/4 of the NE 1/4 lying West of the ROW of Tavares & Gulf RR, and South of ROW of S. R. known as Lake Jem Road; all that part of the South 1/2 of the NE 1/4 of SW 1/4 and SE 1/4 of SW 1/4 lying East of ROW of Tavares-Clermont Highway. Begin at the SW corner of the SE 1/4 of Section run thence East 455 ft.; thence North 1031.7 ft. thence East to ROW of RR; thence N’ly along ROW of RR to North line of said SE 1/4; thence West to NW corner of said SE 1/4 thence South to POB.
CHANGE IN CLASSIFICATION: The Zoning Classification is hereby changed from Agriculture to M-1 for a Diversified Industrial Park.
PUBLIC HEARING #25-73-1
LEGAL DESCRIPTION: Sec. 12, Twp. 19S, Rge. 25E. Lot No. 84 of Haines Creek Mobile Home sites. AND Begin on East line of Learn Road 605 ft. South and 635 ft. East of NW corner of Section for POB. Run North 65 ft. East 85 ft. North 40 ft. to Canal, Southerly along canal to point East of POB, West to POB. And begin 700 ft. East and 400 ft. South of NW corner of Section for POB; run East to canal begin again at POB run South 100 ft. East to canal; Southerly along canal, begin again at POB run South 100 ft. East to canal; Southerly along canal to intersect first ling. AND begin 910 ft. South and 500 ft. East of NW corner of Section, run North 145 ft. East 95 ft., South 145 ft. West to POB. ALSO South 80 ft. of North 765 ft. of East 95 ft. of West 595 ft. of NW 1/4. ALSO begin 535 ft. South and 500 ft. East of NW corner of Section, run South 150 ft. East 95 ft. North 150 ft., West to POB; ALSO begin on East line of Learn Road 685 ft. South and 635 ft. East of NW corner of Section for POB; run North 85 ft. East to canal to point East of POB West to POB. ALSO begin 910 ft. South and 320 ft. East of NW corner of Section run North 375 ft. East 180 ft. South 375 ft. to West 180 ft. to POB.
CHANGE IN ZONING CLASSIFICATION: The Zoning Classification is hereby changed from R-1-7 to R-1-5 for Mobile and Conventional home sites.
Included in the foregoing motion was approval of Conditional Use Permits 401-3 and 402-5.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried Zoning case #19-73-1 was postponed until May 15, 1973, at 2:00 o’clock P.M.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, Conditional Use Permit #400-5 was postponed until April 17, 1973, at 2:00 o’clock P.M.
On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the action of the Planning and Zoning Commission in accepting withdrawal of Zoning case 17-73-3 was approved.
Zoning Case #233-72-1 (R-1-7 to R-1-5) was called for hearing and the Chairman called for interested parties to be heard.
D. T. Larabee, applicant, appeared representing 16 owners in this area wishing to put mobile homes on their property.
Mrs. William Dayton, property owner in the area, appeared in opposition to placing mobile homes in area now zoned for conventional type homes.
Commr. Burhans moved that the request for R-1-5 be approved and the decision of the Planning and Zoning Commission for denial, be overturned. The Chairman announced that the motion died for lack of a second.
Commr. Carson moved that the action of the Planning and Zoning Commission be upheld and the rezoning denied. Commr. Burhans voted “no.” The Chairman declared the motion carried.
392-1 (CUP for expansion of Pre-existing Fishing Resort to include duplexes & mobile homes in C-1) was called for hearing and the Chairman called for interested parties to be heard.
Stephen R. Warner, Edward Plotner, and E. D. Drumm, property owners in this area, appeared in opposition to the expansion of the existing camp.
Rita and J. C. Fletcher, applicants, appeared and explained the plans for the expansion of the fish camp.
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the action of the Planning and Zoning Commission was upheld and the request was approved.
Zoning Case 24-73-3 (C-1 to C-2 for the display of two mobile homes) was called for public hearing and the Chairman called for interested parties to be heard:
Henry Walter appeared representing the City of Eustis opposing the rezoning request.
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board upheld the action of the Planning & Zoning Commission and denied the request.
Zoning Case 14-73-1 (A to R-1-5 for placing two homes on property) was called for hearing and the Chairman called for interested parties to be heard:
Margaret Canter, Leesburg Realtor, appeared in support of the request. On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board overturned the decision of the Planning and Zoning Commission and approved rezoning of the property to R-1-7 in lieu of R-1-5 requested.
Zoning Case 16-73-1 (R-1-7 to R-1-5 to place two mobile homes on the property) was called for hearing and the Chairman called for interested parties to be heard:
Clarence Adams, applicant, appeared in interest of the rezoning request. On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board overturned the decision of the Planning and Zoning Commission and approved the rezoning request.
403-3 (CUP for Planned Unit Development) was called for hearing and the Chairman called for interested parties to be heard:
Walter J. Purdy, Jr., Attorney representing the applicant was present.
Bill Haynie appeared and inquired about improvements to the roads in the area.
On motion of Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried, the Board upheld the decision of the Planning and Zoning Commission and approved the CUP.
bids
The County Engineer recommended that the Board reject all bids received on March 13, 1973, for construction of Central Maintenance Facility and re-evaluate what the Countys’ needs are regarding same. On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board rejected all bids received in the Central Maintenance Facility.
road and bridge department
On recommendation of the County Engineer and on motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board approved construction of an emergency overflow device off County Road 2-1213, Bay Lake Road, adjacent to the B&W Canning Company spray irrigation field, to take care of excessive rains. B&W Canning Co. will pay $200.00 toward cost of construction.
The Engineer was requested to obtain an estimate on repairs to roof of Umatilla Barn.
maps & plats
The Engineer presented plat of Lake Minnehaha Shores Subdivision with letters of approval from the Attorney, Director of Planning, and Engineer attached. On motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried, the Board accepted the plat for record and authorized the Chairman and Clerk to sign.
The Engineer presented plat of Forest Lake and Hills Subdivision, 1st Addtiion, with letters of approval from the Attorney, Director of Planning, and Engineer attached. On motion of Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried, the Board accepted the plat for record and authorized the Chairman and Clerk to sign.
roads – county
On recommendation of the County Engineer and on motion of Commr. Burhans, seconded by Commr. Carson and unanimously carried, the Board adopted Resolution to reduce speed limit on SR 44-A at Black Water Creek Bridge to 35 mph.
On recommendation of the Engineer and on motion of Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried, the Board adopted Resolution establishing maximum speed of 45 mph on County Road 4-6280.
tax assessments
The Clerk presented request from Robert W. Scott, Jr., Mount Dora for homestead exemption which was refused by the Tax Assessor. Mr. Scott states that his parents (who own the property) are in a nursing home. The request was referred to the County Attorney.
bonds – misc.
Bonds for carrying firearms were approved on motion of Commr. Carson, seconded by Commr. Burhans and unanimously carried for the following:
Charles W. Shadewalt
William Birr
Merrill W. Wright
Deputy Sheriff - Bond was approved for Lee Otha Bullard on motion of Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried.
Contractors’ Bonds for Certificates of Competency were approved on motion of Commr. Hoskinson, seconded by Commr. Burhans and unanimously carried for the following:
#992-73 – Linberg Lewis (Masonry)
#993-73 – Gerald E. Gilbertson (Building)
courts
The County Attorney presented the City of Eustis Municipal Court Rule of Transition, which was submitted by the Eustis City Attorney, for the Board members to review. This Rule is to effect the transition of the City of Eustis Municipal Court into the State of Florida Judicial System. The County Attorney recommended that this Rule be temporary for period of 60 days to see how it works and Section 9 be changed to: the cost of a prosecutor will be borne by the City of Eustis.
suits affecting county
The County Attorney informed the Board that the Britzius suit has been settled.
laws & legislature
Mr. Ford, County Attorney, presented draft of special Act relating to the establishment and designation of a District Fire Control Unit or Units in Lake County for the Board members to review.
communications
The Chairman presented letter from Brandon R. Snead, Health Department Sanitarian, stating he will retire June 30, 1973.
The Chairman read letter from C. E. Duncan, Attorney, regarding tying back of trees along the Dora Canal to make the waterway passable.
Letter from Arthur D. Little regarding Criminal Justice Planning Study was read and filed.
The Clerk presented letter from the Director of Lake/Sumter Community Mental Health Center requesting authority to construct a partition in office at the Leesburg Guidance Center and to place picnic tables and outdoor recreation equipment outside the Center. Action on the request was deferred.
Letter from Division of Population Studies regarding population figures for Lake County was read and referred to the County Attorney for action.
accounts allowed
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized the employment of former acting Sheriff Frank Meech, on a part-time basis, as an advisor to the Board in negotiations with Sheriff Bliss at set compensation of $10.00 per hour plus incidental expenses incurred.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized salary increase for L. L. Hulett, Pollution Control Department, to $5,500.00 annually, effective April 1, 1973.
On motion of Commr. Hoskinson, seconded by Commr. Carson and unanimously carried, the Board authorized travel expenses for the Clerk, Finance Officer, and Commissioners to attend National Association of Counties Meeting in Washington, D. C., April 3-5 and for Commr. Carson to attend Water Resources Conference from April 3-6, 1973.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, the Board authorized travel for appropriate personnel to attend Southeastern Federal Regional Council Meeting concerning Federal funding in Tallahassee March 27, 1973.
On motion of Commr. Carson, seconded by Commr. Hoskinson and unanimously carried, additional freight charges of $88.00 to Mercury Motor Transport to reconsign 10 voting machines to Leesburg Warehouse was approved by the Board.
On motion of Commr. Burhans, seconded by Commr. Hoskinson and unanimously carried, the Board approved purchase of Documentary Tax Stamping Machine for Recording Department from Pitney Bowes, Inc. at cost of $995.00.
cancellation of warrants
The Board authorized cancellation of R & B Warrant #506, payable to Ring Power Corp., for $72.53, which was duplicate payment.
The Board authorized cancellation of Warrant #141 in the amount of $3.99, payable to Newsweek, Livingston, New Jersey, dated December 12, 1972, Road and Bridge Fund.
There being no further business to bring before the Board, the meeting adjourned at 5:45 o’clock P.M.
_________________________________ ______________________________
CLERK chairman