A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

october 10, 1978

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, October 10, 1978 at 9:00 A.M., in the Board of County Commissioners’ Meeting Room, Courthouse, Tavares, Florida.  Commissioners present were:  James R. Carson, Jr., Chairman; C.A. “Lex” Deems; J.M. Hoskinson; Thomas J. Windram (arrived 10:15 A.M.), and Glenn C. Burhans.  Others present were:  James C. Watkins, Clerk (leaving with the half-hour) ; Christopher C. Ford, County Attorney; Jennifer Kennedy, Deputy Clerk and Shirley Wilson, Deputy Clerk (arriving 10:00 A.M.).

The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by Commr. Carson.

minutes

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the August 22, 1978, Special Meeting Minutes were approved as amended.  Commrs. Hoskinson and Windram were out for the vote.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Minutes from the Regular Meeting of September 12, 1978, were approved as amended.  Commrs. Windram and Hoskinson were out for the vote.

accounts allowed

At this time (9:15 A.M.) Mr. Gary Knuckles, Purchasing Director, appeared before the Board with the following items.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously by those present, the Board approved entering into one-year extension agreements, covering car and truck service repair and parts for the period October 1, 1978 – September 30, 1979, under the existing agreements with Cecil Clark Chevrolet, Inc.; Boomer Chrysler-Dodge, Inc.; Bob Wade Ford, Inc.; and Rice Chevrolet, Inc.

accounts allowed/nursing home

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously by those present, it was agreed to cancel our contract with Softwater Linen and enter into an Agreement with National Linen covering the Nursing Home needs.

accounts allowed/pollution control

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously by those present, the above motion was amended to include the needs of Pollution Control’s laboratory towels @ $.10.

minutes

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously by those present, the September 19, 1978, Minutes were approved as amended.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the September 26th, 1978, Special Minutes were approved as submitted.  Commrs. Windram and Deems were out for the vote.

bonds

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously by those present, the following Contractor Bonds were approved:

    21-79                       Quinton O. Downing dba Quinton’s Aluminum (License)

  118-79                       Frank Hipp (License & Permit – General Contractor)

  150-79                       James Denman dba Denman Heating & Air Conditioning

  779-79                       John N. Shearer dba Shearer Electric (Electrical)

  898-79                       W.R. Moulton (Residential Building)

  918-79                       Harold T. Rogers (Plumbing Contractor)

  920-79                       Raymond A. Lantz (Electrical Contractor)

  924-79                       William F. Wolcott (Drywall)

1138-79                       Charles L. Anthony (Masonry)

1321-79                       Kenneth E. Dawson (Building)

1364-79                       Richard E. Moreland dba Central Florida Underground, Inc. (General Contractor & Utility Contractor)

1377-79                       Michael Stensrud (General Contractor)

1476-79                       Tom Air, Inc. (Air Conditioning)

1480-79                       James E. Haworth (Electrical Contractor)

1529-79                       Bruce E. Massey (General Contractor)

1596-79                       Warren A. Monday dba Tara Mobile Homes, Inc.

1654-79                       Wilmer E. Dean (Mechanical Refrigeration & Air Cond. Service)

1690-79                       George Morton dba Starbird & Morton  (General)

1691-79                       Frank Russell dba Russell Electrical Service

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, the following contractor bonds were approved for cancellation:

  162-70                       Jerry W. Smith

1154-79                       Delbert Blain Rucker

1260-75                       William E. Plant (L&P (Comp) Electrical Contractor)

1394-76                       Jimmie D. Stewart (L&P (Comp) Plumbing Contractor)

checks received

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the following checks were received from Emogene Stegall’s office:

Campaign Account of Richard Langley…………………………… $160.17

Campaign Account of George Stuart, Jr……………………………       4.76

Campaign Account of Robert L. Shevin……………………………       5.00

Campaign Account of Vince Fechtel, Jr……………………………   170.98

Campaign Account of Vince Fechtel, Jr……………………………     14.60

Campaign Account of Claude Smoak………………………………       4.00

The above checks cover voter registration lists.  The Vince Fechtel checks were incorrectly presented on your Agenda as checks from Sun First National Bank (the checks were drawn on Sun First National Bank, but from the campaign account of Vince Fechtel).

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board accepted a check in the amount of $25.45, from T. Keith Hall, Tax Collector, covering unclaimed redemption moneys.

budgets

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously by those present, the Board accepted the Revenue and Expense Budgets for South Lake County Hospital District, Fiscal Year ending September 30, 1979.

reports

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, the Board accepted the Monthly Status Report for Youth Programs, Inc.

On the same motion as above, the Board accepted the Traffic-Criminal Department Distribution of Revenue Report for September 25-29, 1978.

grants

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously by those present, signature authorization was given on a “Certificate of Acceptance” and Form BCJPA-1 regarding the Youth Volunteer Counselor Programs supervised by Eugene D. Minnietta.

licenses and permits

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously by those present, gun permit renewals were approved for William C. Birr, Willie Gainey, and Gerard K. Kelch.

The above motion approved the permit application and bond for J.R. Bridges and Freeman E. Gills.

The above motion further approved the serial number change on the permit of Fred Cooper and Robert David Heller.

ordinances

At 10:00 A.M. the Chairman announced the advertised time had arrived to consider the Flood Plain Ordinance for Lake County, which reads as follows:

AN ORDINANCE ADOPTING CERTAIN LAND USE REGULATIONS TO PROVIDE FOR THE PROTECTION OF STRUCTURES AND INHABITANTS FROM THE DANGER OF FLOODING IN THE UNINCORPORATED AREAS OF LAKE COUNTY; DESCRIBING THE INTENT, PURPOSE AND OBJECTIVES OF SAID PROGRAM; DEFINING CERTAIN TERMS; PROVIDING FOR THE RECORDING OF APPLICABLE MAPS ON SPECIAL FLOOD HAZARD AREAS AND BASE FLOOD ELEVATIONS FOR THE UNINCORPORATED AREAS OF LAKE COUNTY; SETTING FORTH PROVISIONS FOR APPLICABILITY, COMPLIANCE, AND INTERPRETATION; PROVIDING FOR THE ADMINISTRATION OF THE ORDINANCE, REQUIRING A FLOOD PLAIN CONSTRUCTION PERMIT, ESTABLISHING A BOARD OF APPEALS, SETTING FORTH THE PROCEDURE FOR APPEALS, SPECIAL EXCEPTIONS, AND VARIANCES; PROVIDING FOR SPECIAL CONSTRUCTION REQUIREMENTS WITHIN FLOOD HAZARD AREAS FOR SUBDIVISION, MOBILE HOME PARKS, SINGLE FAMILY RESIDENCES, MOBILE HOMES, COMMERCIAL, INDUSTRIAL, OR NON-RESIDENTIAL STRUCTURES; PROVIDING FOR MINIMUM FLOODPROOFING REQUIREMENTS AND REQUIRING APPROVAL OF FLOODPROOFING PLANS; PROVIDING FOR VARIANCES; PROVIDING FOR NON CONFORMING USES; PROVIDING THAT SAID ORDINANCE SHALL TAKE PRECEDENT OVER EXISTING BUILDING, ZONING, AND SUBDIVISION ORDINANCES AND REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE

DATE.

It was noted that the proper proof of publication was on file.  Commr. Windram joined the meeting at this time.

Discussion occurred regarding this federally-subsidized program in which local governments adopt certain land use regulations and construction standards established by the Department of Housing and Urban Development for areas which have been designated as Special Flood Hazard.

Mr. Mike Willett, Planning Director, reviewed with the Board changes which had been incorporated into the originally-presented ordinance.  He also briefed those present on certain areas which local bankers and builders had shown concern.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Ordinance was placed on the floor by title only.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Ordinance was adopted as amended and discussed upon the title being read by Commr. Windram.

No one present had any comments for the Board during the Public Hearing.

recess and reassembly

At 11:10 A.M. the Board recessed until 11:15 A.M.

suits affecting the county

Mr. Ford, County Attorney, briefed the Board on a suit involving the County and Leesburg General Hospital regarding an unpaid bill covering an injured prisoner.  This involved a case in which the Sheriff’s Department assisted a municipality.  It was the feeling of the Board if the City officer shot the prisoner in an attempted escape, the bill should be the responsibility of the City.  Mr. Ford pointed out that at one time a settlement attempt was made whereby the City would pay one-third of the hospital bill, the County the other third, with the hospital absorbing the remaining third; this was not acceptable with the hospital, who is now initiating suit for payment.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, Mr. Ford was instructed to research the suit and take whatever steps he deemed necessary to defend the County.

county policy

It was brought to the Board’s attention that an incorrect date had been supplied them for their motion of September 19th, 1978, facilitating the issuance of merit increases in paychecks.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board rescinded their motion on the fifth page of their September 19th, 1978, Minutes, regarding the effective date of pay increases and adopted the following schedule:

Regular County positions – paid on a monthly basis, increase is to be effective 9-26-78.

Regular County positions – paid on a bi-weekly basis, increase is to be effective 9-24-78.

ALL CETA positions  - paid bi-weekly or monthly, increase is to be effective 10-1-78.

roads/county

It was requested the County Engineer return to the Board with a speed limit recommendation regarding Holly Drive (19-A to Lakeshore Drive).

contracts and agreements

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board accepted and authorized signature on the Fiscal Year 1978-1979 County Contract for Medical Examiners State Funds in the amount of $14,798.00.

recess and reassembly

At 11:30 A.M. the Board recessed for a noon-lunch at the Park Grill Restaurant; the public and press were invited on a dutch-treat basis.  The Board reconvened at 1:30 P.M.

emergency medical services

Mr. Robert Jordan, Chairman of Lake County Emergency Medical Services, appeared before the Board and outlined the steps to be taken in order for Lake County to be accepted into the East Central Florida Regional catchment area, and to be removed from the Gainesville Regional Medical System catchment area.  The Chairman then read a letter from Mr. John C. Martin, Chairman of the Board, East Central Florida REMSCO, stating that on September 27, 1978, the EMS Council’s Board of Directors had voted unanimously to accept Lake County.

Mr. Jordan stated the next step to take would be for the Board to write to Dr. David Westmark, Director of E.M.S. Department of Health and Rehabilitation, regarding the request, who would then follow through immediately and send it to Dr. David Boyd, Federal EMS Director, in Washington.

On a motion by Commr. Hoskinson, seconded by Commr. Windram, and carried unanimously, the Board authorized the above letter be written to Dr. Westmark with a copy to Congressman Kelly.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board appointed the following individuals to represent Lake County at the regular meetings of REMSCO:  Commr. Thomas J. Windram, Board of County Commissioners; Dr. Robert Langley, County Medical Director; and Mr. Robert J. Jordan, Chairman of Lake County E.M.S.

On a motion by Commr. Windram, seconded by Commr. Hoskinson and carried unanimously, the Board accepted the E.M.S. Grant, with Mr. Jordan stating it was similar to the one last year, and that all local monies were in except $22,900.00 from the City of Leesburg.

On a motion by Commr. Hoskinson, seconded by Commr. Windram and carried unanimously, the Board authorized the signature of the Chairman on the above-mentioned Grant.

Mr. Jordan advised the Board that a lot of the electronic life-support equipment was in and he expected the system to start operations within 30 to 40 days.

planning and zoning

The Chairman announced that the advertised time had arrived for the Board to hold its public hearing on the monthly rezoning cases.

public hearing #99-78-3 a to r-1-15   cuyler lanier

Mr. Larry Taylor, Attorney, was present to represent Mr. Lanier regarding this case.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board referred this case back to the Planning and Zoning Board to be heard on October 25, 1978, at 10:15 A.M., in order for Mr. Taylor to present the new information he stated he had.  The Chairman advised Mr. Taylor that he would appear before the Board of County Commissioners on November 14, 1978, at 2:00 P.M., or as soon thereafter as possible.

public hearing #102-78-1  rp to cp  mrs. louise v. richardson

Mrs. Richardson was present regarding this case.

Mrs. Richardson presented to the Chairman a petition with the names of 93 people who were not in opposition to the auto repair shop. 

Mr. Wiston Mackey appeared before the Board and stated that he did not feel the shop would bring the assessed value of his property down, and that having the repair shop located there was a great deal of help to him.

Mr. Fred Earnest, Francis Lumis and Faye McKenny appeared before the Board upholding the recommendation of denial from the Planning and Zoning Commission.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendations of the Planning and Zoning Commission and denied the Rezoning.

public hearing #106-78-1  rr to c-1  william hartsock

No one appeared before the Board to comment on this rezoning.

On a motion by Commr. Deems, seconded by Commr. Burhans, and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this Public Hearing until November 14, 1978, at 2:00 P.M., or as soon thereafter as possible.

public hearing #294a-1  amend cup #294-1  mr. william horan

No one appeared before the Board regarding this Hearing.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved this CUP with amendments.  Commr. Deems abstained from voting and the discussion due to a mortgage he is holding on the property.

public hearing #101-78-2  rp to r-1-5  elmer hodge

No one was present to comment on this rezoning.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Department and approved the rezoning.

public hearing #108-78-2  c-1 to r-1-7  j. carlisle rogers

No one was present to comment on this rezoning.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning to R-1-7 was approved.

public hearing #250-3 revocation of cup for a mobile home in r-1-7 p & z commission (staff)

No one was present to comment on this rezoning request.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the revocation approved.

public hearing #107-78-3  rr to r-1-15  george hovis

No one present had any comments regarding this hearing.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board to rezone RR to R-1-15.

public hearing #105-78-3  r-1-7 to a  ralph eyman

No one present had any comments regarding this hearing.

On a motion by Commr. Hoskinson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to rezone R-1-7 to A.

public hearing #626-3 cup IN a for spray field lake correctional institute

Mr. Harold Creech, Mr. Clifton Woodcome and Mr. Ernie Jacobs were present to express their concern regarding the location of the spray field.  Their primary objections being the depreciation of their property and the odor from the field.

Commr. Carson read a letter from Mr. Sylvan Strickland, Office of General Counsel, requesting the Board postpone the Hearing until November 14, 1978, due to their private engineer and attorneys having prior commitments.

The County Attorney advised the Board that since they were dealing with the State their decision would have to meet the Balancing Test.  He then read the criteria of the Test to the Board and stated he felt the Board had met the criteria of the Test.

Commr. Hoskinson moved, seconded by Commr. Deems, to uphold the recommendation of the Planning and Zoning Board and deny the CUP.  Lengthy discussion followed.

Commr. Windram called for the question; the vote was taken and passed unanimously.

public hearing #255-3 amend cup #255-3 in agriculture for an adult congregate living quarters

No one was present to comment on this case.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Department and approved the Amendment.

public hearing #110-78-4  rmrp to rp  mary valbuena

No one was present to comment on this case.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the rezoning.

public hearing #625-4 cup to c-1  central christian church

No one appeared before the Board regarding this Hearing.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and approved the rezoning.

public hearing #103-78-4  a to cp for motorcycle repair shop robert t. casey

No one was present regarding this case.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and denied the rezoning.

public hearing #104-78-5  from a to r-1-7  maye carter & faye harding

No one appeared before the Board regarding this rezoning case.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning.

public hearing #109-78-5  c-1 to cp for caretaker’s residence & marina  c.l. shirley

No one was present to comment on this case.

On a motion by Commr. Burhans, seconded by Commr. Windram, and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the rezoning from C-1 to CP was approved.

public hearing #627-4 cup for health, sports and educational complex  robert bradley

Mr. Robert Bradley, President of Plantation House, Inc., was present to answer questions which the Board might want to ask.

Mr. John Conklin, Mr. Jim Simpson, and Mr. Newell Cook, property owners in the area, came before the Board to express their opinion regarding the construction of the complex.  Their primary concern appearing to be the lack of information they had on it.

Mr. Conklin and Mr. Simpson stated they were not opposed to the construction because they did not know enough about it yet.

The Chairman stated he did not feel the Board would want to make a decision on a proposal that they had not yet seen.

On a motion by Commr. Hoskinson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the CUP without prejudice.

licenses and permits

At this time the Chairman asked the Secretary of the Board for any additional business she might have to bring before the Board.  The Secretary stated there was a gun permit which had been overlooked earlier in the day when gun permits had been approved.

On a motion by Commr. Deems, seconded by Commr. Hoskinson and carried unanimously, the Board approved a gun permit, application and bond for Rickey Lyons.

accounts allowed/nursing home

The Chairman brought before the Board an estimate submitted by Mary Hamner, before her retirement, to have four (4) rooms of the Nursing Home repainted, in the amount of $225.00.  Commr. Carson stated there had been a mistake in the amount and requested that the Board approve an additional $225.00 in order that the work may be completed.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the additional $225.00 to finish the painting at the Nursing Home.

roads/county

Commr. Burhans stated he had a call from a Mrs. Conrad before the Meeting, and she had requested that Lake Mack Road be watered down.

On a motion by Commr. Burhans, seconded by Commr. Hoskinson and carried unanimously, the Board approved to have Lake Mack Rd. and Hwy. 450 NE watered down by the Public Works Department.

bonds/mobile home

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request of Ronald Hardy for a one-year extension on his bond to live in a mobile home on the same piece of property on which his conventional dwelling is being built in the Sorrento area, with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the extension request of Barry Barnett, of the Forest Lakes area, to live in a mobile home on the same piece of property on which his conventional dwelling is being built subject to the proper bond being posted and with the understanding that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Chairman was authorized to sign a letter of release regarding the mobile home bond of John W. Young.  The mobile home has been removed.

ADJOURNMENT

There being no further business to be brought before the Board, the meeting adjourned at 4:09 P.M.

 

_________________________________

james r. carson, jr., chairman

 

 

attest:

 

 

 

________________________________

JAMES C. WATKINS, CLERK