A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 8, 1980

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, July 8, 1980, at 9:OO A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: C. A. "Lex" Deems, Chairman; Thomas J. Windram (arriving at 9:45 A.M.); Glenn Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: Pat Willman, Deputy Clerk; and Christopher C. Ford, County Attorney.

The Invocation was given by Commr. Carson, and the Pledge was led by Commr. Windram.

EMERGENCY SERVICES/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the expenditure of an amount not to exceed $3,500.00 from Contingency (Current Budget) to purchase the necessary materials to put the generator for Emergency Services into operating order.

COUNTY PROPERTY/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Mid ton and carried unanimously, the Board authorized payment in the amount of $2,168.00 for fertilizer and $297.00 for spreading at the Astatula Grove. Payment due to Foremost Fertilizer Company and M. Parker Spreader Service.

TRAVEL/POLLUTION CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following travel request for Ted Wicks, Acting Pollution Control Director:

To attend the Fourth Quarterly Meeting of the Florida Local Environmental Regulation Association in Miami, at an estimated cost of $90.00. Meeting to be held on July 17, 1980.



To attend the Water Quality Monitoring Coordinating Meeting in Tallahassee on July 15, 1980, at an estimated cost of $150.00.



AGRICULTURE CENTER/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request from Earl Kelly, Director, Lake County Extension Service, to construct a greenhouse at the Agricultural Center to be used for experimental plants.

The funding for the construction to be provided by the citrus nurserymen; therefore, the only additional expense to Lake County to be an increase in electric to operate the greenhouse, which is estimated at an additional $950.00 per year.

BONDS - CONTRACTOR

On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:

381-80 Sherman Leo Walker (Swimming Pool)

453-80 Robert E. Black dba Black's Painting Service (Painting)

1404-80 R. Roy Thompson dba Thompson's Tile & Floor Covering (Specialty)

1897-80 Larry T. Sweat

1898-80 Frank Bracco dba Modern Plumbing & Irrigation (Plumbing)

1899-80 Imperial Roofing Company (Roofing)

1900-80 Slack Contructors, Inc.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the June 30, 1980, Traffic-Criminal Department Distribution of Revenue Report.

CHECKS RECEIVED

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board accepted check #1936, in the amount of $1,540.00 from Postal Colony Company, Inc., for grapefruit from the Astatula Grove.

FIRE DISTRICTS

Mr . Ford, County Attorney, advised the Board of a request from the Lake Junietta Fire Department to be included into the Pasco Fire District. The Department has acquired a petition of approximately fifty six (56) residents out of eighty (80) stating their desire to be included in the District.

Mrs. Stegall, Elections Supervisor, has advised there would be room on the second primary ballot for the request.

The Board instructed Mr. Ford to prepare the amendments and the necessary advertisements and draw the ballot questions to proceed with the request.

LAWS & LEGISLATION/BUDGETS

Mr. Ford advised the Board regarding Senate Bill #18-E (Trim Bill). Mr. Ford stated the Legislature had cleared up the anticipated problems for the Board of County Commissioners, however, there could be problems for other taxing entities.

SUITS AFFECTING THE COUNTY/POLLUTION CONTROL

Discussion occurred regarding the law suit involving the Tower Chemical Company of Clermont. Mr . Ford, County Attorney, advised he had spoken with several persons regarding the matter and plans to discuss with Mr. Wicks, Acting Pollution Control Director, the possibility of performing certain pesticide tests if in fact the State is not running the test. Mr. Ford to contact DER concerning the test. Mr . Ford advised the legal representatives of both parties agreed on the stipulations to be contained in the injunction to be issued and the Tower Chemical Company has ceased use of the two (2) chemicals in question and plans to obtain permits to manufacture the desired products.

PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the request for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62, for William & Twila Gonyeau, Lady Lake area, District #l, Case #80-28.

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the request for waiver of improvement requirements and plan requirements of the Subdivsion Regulations - Section 62, Howey-in-the-Hills area, District #3, Case #80-29, for Daniel G. Heald.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT/GRANTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized payment on Letter of Credit in the amount of $9,393.71 (Community Development Block Grant), in order to draw funds from HUD.

EMERGENCY SERVICES/ENERGY

Commr. Carson presented a letter from the Office of the Governor, L. A. Hester, Energy Director, advising that in the event of a fuel allocation emergency, the Emergency Services Director can no longer be utilized as a fuel allocation officer with compensation from the same budget as Emergency Services.

Commr. Carson suggested the Board consider this matter at the time the budget for the coming year is considered.

RECESS & REASSEMBLY

At 9:45 A.M. the Chairman announced the Board would recess until 10:00 A.M.

The Board reconvened at 1O:OO A.M.

PURCHASING/ACCOUNTS ALLOWED/CLERK OF THE CIRCUIT COURT

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board authorized the purchase of one Bates Numbering Machine with multiple movement and eight (8) wheels for the Recording Division of the Clerk's office. Estimated cost of the purchase to be $109.00 plus freight of $3.00 to $5.00.

JAIL/PURCHASING/ACCOUNTS ALLOWED

Discussion occurred regarding the purchase of lighting fixtures to be installed in the Lake County Jail and from what account the monies should be expended. The Board instructed Ms. Showley to work with Mr. Koppel, Finance Director, to transfer the funds from Contingency (General Budget) to the proper account for payment of the fixtures.

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the purchase of ten (10) additional replacement lenses for the lighting fixtures to be purchased for the jail. The cost of the lenses to be $27.50 each.

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the purchase of paint supplies not to exceed $250.00 for painting to be done in the Lake County Jail Facility.

PURCHASING

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized the Purchasing Agent to make budgeted purchases up to $200.00 without prior approval.

SUITS AFFECTING THE COUNTY/COMMUNICATIONS/POLLUTION CONTROL

Mrs. Vanning, Clermont, appeared before the Board to speak in behalf of the residents in the area of the Tower Chemical Company, Clermont. Mrs. Vanning stated many of the objections which the residents had concerning chemical operation.

Mrs. Vanning also stated the residents would like for the Board to ask Mr. Roane, owner of the Tower Chemical Company and Chairman of the Lake County Pollution Control Board, to resign. Mrs. Vanning stated the residents felt anyone who would allow the pollution by such chemicals as have been used by Mr. Roane's Chemical Company should not hold a position on the Pollution Board.

Mr . Ford, County Attorney, advised Mrs. Vanning he had talked with Mr. Roane who had expressed great concern for the reputation of the Pollution Control Board and was giving great consideration to the idea of resignation but had not made a definite decision at this time.

Mr . Ford stated he did not feel the Board could ask for Mr. Roane's resignation as there are no grounds for such action at this time. The matter has not been brought to the Pollution Board regarding the Chemical Company, and Mr. Roane appears to have no conflict of interest due to the fact he would not be able to vote on anything pertaining to the matter.

Mr. Ford advised the problem would, in his opinion, take a considerable amount of time to resolve.

Mr . Buford Creech and Ms. Clara Hubbard, area residents also expressed their concerns regarding the problem.

PLANNING DEPARTMENT

Commr. Windram read a letter from the City of Mt. Dora, expressing appreciation for the excellent professional assistance provided by Mr. Larry Schuster, Associate Planner, Lake County Planning Department, in developing and producing the Comprehensive Development Plan for the City of Mt. Dora.

RECESS AND REASSEMBLY

At 10:53 A.M. the Chairman announced the Board would recess until 2:00 P.M., having lunch at the Golden Coral in Eustis with the Public and Press invited on a Dutch Treat basis.

The Board reconvened at 2:00 P.M. for rezoning hearings.

REZONING

PUBLIC HEARING 49-80-l Change of use & Site Plan Approval

Alan Silbernagel

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission, and postponed this hearing until August 12, 1980, at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING CUP #713-2 CUP in A Liz Allen

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning and Zoning Commission's recommendation and approved a CUP in A (Agricultural).

PUBLIC HEARING #70-80-5 A to R-l-7 Peter C. Germeroth

No one present wished to discuss this case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to R-l-7 (Urban Residential).

PUBLIC HEARING CLASSIFICATION OF USES Peter C. Germeroth

No one present wished to discuss this case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the Classification of Uses under paragraph 64.160 for a fire station in R-l-7 (Urban Residential) under CUP.

PUBLIC HEARING CUP #711-5 CUP in R-l-7 Peter C. Germeroth

No one present wished to discuss this case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the CUP in R-l-7 (Urban Residential).

PUBLIC HEARING #64-80-4 RR to RP Jeffrey L. Gainsley

Ms. Nancy Carroll appeared before the Board to oppose the rezoning as she did not feel the area was suitable for the RP zoning.

Mr . Jeff Gainsley, applicant, was present to answer any questions the Board might have. He stated he would like to build a five (5) unit condominium, each being a single residence.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the rezoning to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING #63-80-4 C-l to RP Jeffrey L. Gainsley

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING #65-80-4 RR to R-l-5 Robert L. Scogin

Mr. Robert L. Scogin was present to oppose the Planning and Zoning Commission's recommendation for denial.

On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #69-80-4 A to C-l or CP Peter H. Johnson

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this hearing until August 12, 1980, at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING #57-80-5 A to C-2 or CP or LM Willie J. Locklear

Mrs. Mary Sue Locklear, wife of the applicant, appeared before the Board to oppose the recommendation of the Planning and Zoning Commission for denial. She stated they would like to put in a small welding shop.

It was noted there was a petition filed against the request.

Commr. Burhans, seconded by Commr. Middleton made the motion to postpone this hearing for sixty (60) days to allow petitioner to consult an attorney. Commrs. Deems, Carson, and Windram voted "No". The motion failed.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning without prejudice.

PUBLIC HEARING CUP #716-5 CUP in R-l-7 Yvonne A. Smith

No one present wished to discuss this case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a CUP in R-l-7 (Urban Residential) for a Child Day Care Center.

PUBLIC HEARING #67-80-3 RM to C-l or CP John D. McLeod, Jr.

No one present wished to discuss this case with the Board.

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to C-l (Rural or Tourist Commercial).

PUBLIC HEARING CLASSIFICATION OF USES Mary E. Robertson

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the Classification of Uses under paragraph 64.160 for a group home for handicapped children/adults in R-l-7 (Urban Residential) under CUP.

PUBLIC HEARING CUP #717-l CUP in R-l-7 Mary E. Robertson

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a CUP in R-l-7 (Urban Residential) for group home for handicapped children/adults.

PUBLIC HEARING CUP #718-5 CUP in RR City of Leesburg

No one present wished to discuss this case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in RR (Rural Residential) for a Electric Substation.

PUBLIC HEARING #60-80-2 RP to R-1-5 Virginia B. Ponds

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to R-l-5 (Mobile or Mixed Residential District).

PUBLIC HEARING #62-80-2 RP to A Artie and James Queen

No one present wished to discuss this case with the Board.

On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to A (Agricultural).

PUBLIC HEARING CLASSIFICATION OF USES Jimmie D. Stewart

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the Classification of Uses under paragraph 60.170 for a rabbit processing plant in A (Agricultural) under CUP.

PUBLIC HEARING CUP #719-l CUP in A Jimmie D. Stewart

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a CUP in A (Agricultural).

PUBLIC HEARING #68-80-2 R-1-7 to RR James W. Durden, Jr.

Mr. Durden, petitioner, was present to answer any questions the Board might have.

On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board denied the rezoning to RR.

PUBLIC HEARING #61-80-2 A to AR Otto C. Maron

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this hearing until August 12, 1980, at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING CUP #417B-3 Amend CUP Florida Rock Industries

No one present wished to discuss this case with the Board.

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to Amend CUP #417-3 to include additional property.

PUBLIC HEARING #66-80-3 A to RP Thomas J. Moscoso

No one present wished to discuss this case with the Board.

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to RP (Multiple-Family Residential-Professional).

PLANNING DEPARTMENT

Mr . Willett, Development and Public Works Director, advised the Board regarding the status of the Overall Economic Development Committee. It was noted the Planning Department had received twenty nine (29) affirmative responses stating the individuals would serve as members on the Committee and fifteen (15) have not responded at this time.

RECESS AND REASSEMBLY

At 3:lO P.M. the Chairman announced the Board would recess until 4:00 P.M.

The Board reconvened at 4:00 P.M.

CETA/CONTRACTS-LEASES-AGREEMENTS

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the Third Quarter Modifications to Title II-B, Title IV, YETP, Title II-D and Title VI PSE Contracts under the CETA Program.

The modifications are minor budgetary and programmatic adjustments to reflect enrollment changes during the Third and Fourth Quarters of Fiscal Year 1980.

COMMUNICATIONS

Mr. Walter Berry appeared before the Board to express opposition to the proposed plan for Farm Housing in the Montclair area. Mr. Berry, also representing other area residents stated the people of the Montclair area felt the Farm Housing would bring migrant labor workers with which there would be much vandalism, disorderly conduct, and a general undesirable type of neighborhood.

Virgil Hawkins, Attorney representing the Public Housing Assistance Program, Inc. addressed the Board in favor of the proposed project stating the housing would be an appartment type complex with the most modern facilities and would not be of a labor camp type of housing. Mr. Hawkins stated he felt the housing would help to upgrade the Montclair area rather than degrade it.

Mr . Mike Hatcher, President of the Public Housing Assistance Program, Inc. addressed the Board and reconfirmed Mr. Hawkins remarks. Mr . Hatcher stated the program has provided over 100 houses in Leesburg alone for farm workers, not migrant laborers.

Others expressing their opposition to the proposed project included Mr. Curtis Peterkin, Sr.; Mr. Sanford Bentley; Mr. William Gaines; Mr. Jefferson Gaines; Edgar Formby; Ms. Betty Merry and Ms . Fannie Young. Mr. Ford, County Attorney, advised those present that the Board has no jurisdiction regarding the proposed project due to the project being constructed on property lying within the County already zoned RP. Mr. Ford advised the County could possibly write to Farmer's Home Administration and advise them of this Public Hearing and the great amount of opposition expressed from the people of the Montclair Community.

There being no further business to bring to the attention of the Board, the meeting adjourned at 5:lO P.M.

C. A. " Lex " Deems, Chairman

James C. Watkins, Clerk

PW/7-22-80