A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 12, 1980
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, August 12, 1980, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: C. A. "Lex" Deems, Chairman; Thomas J. Windram; Glenn Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney; and Mary Grover.
The Invocation was given by Commr. Carson, and the Pledge was led by Commr. Burhans.
MUNICIPALITIES/COMMUNICATIONS/ACCOUNTS ALLOWED
Commr . Deems read a letter from Mr. Burton Brown, Mayor, City of Leesburg, in regards to the County's support in assisting the funding of the City of Leesburg's Airport.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved payment to the City of Leesburg in the amount of $27,500.00 to assist in the funding of the City of Leesburg's Airport project. (Amount approved by Interlocal Agreement on May 20, 1980.)
ACCOUNTS ALLOWED/AGRICULTURE CENTER/TRAVEL
On a motion by Commr. Burhans, seconded by and carried unanimously, the Board approved for Conunr. Middleton two (2) delegates to attend State 4-H Legislature, Tallahassee, August 5-8, 1980 at an anticpated cost of $47.50 each, a total of $95.00.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the July 31, 1980, Traffic-Criminal Department Distribution of Revenue Report.
On a motion by Commr. Carson, seconded by Commr. Middleton and
carried unanimously, the Board acknowledged receipt of the Juvenile Jail Sentences for the month of July, 1980.
CHECKS RECEIVED/ELECTIONS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted cash and checks totalling $28.65 from Mrs. Emogene Stegall, Supervisor of Elections, for the following:
John Anderson Campaign ........Maps................$2.50
John Anderson Campaign......Checking Signatures... $15.60
Jim R. Crosley Campaign........Voters Lists........$9.00
B. Dandridge...................Xerox Copy..........$ .80
Glenn Y. Middleton.............Xerox Copies........$ .75
COMMUNICATIONS
Commr. Deems read a letter of appreciation to the Board from Mrs. Florence Hunter, Lake County Council on Aging, in regard to her presentation on August 5, 1980.
INSURANCE/ACCOUNTS ALLOWED
On a motion by Commr. Cars on, seconded by Commr. Burhans and carried unanimously, the Board approved to renew the Public Official Liability Insurance with International Surplus Lines Insurance Company through Lassiter-Ware, Inc. at a cost of $17,747.00 plus $5.00 administration fee for the period of August 9, 1980 through December 31, 1981.
BONDS - MOBILE HOME
Discussion occurred regarding Mr. John W. Young's request for a mobile home board. The Board directed Mike Willett, Development & Public Works Director, to obtain a petition from surrounding property owners and find out where the mobile home will be located on the property.
BONDS - MOBILE HOME CANCELLATION
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board cancelled the mobile home bond for Phillip LaFlam - Agreement dated April 17, 1979 - in that the conventional dwelling had been completed and the mobile home removed from the property.
PLANNING DEPARTMENT
Mike Willett, Development & Public Works Director, presented a table of the 1980 Preliminary U. S. Census for Lake County.
PLANNING DEPARTMENT/GRANTS
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the application and Resolution to the Florida Department of Community Affairs, requesting financial assistance from the Local Government Comprehensive Planning Act Assistance Fund Program for the 1980-81 program year.
MEETINGS
Commr. Carson informed the Board there will be a meeting regarding lien assessments on unpaved roads held on Thursday, August 14, 1980, at 7:30 P.M. at the Methodist Life Enrichment Center on Picciola Island in Leesburg.
BONDS/COMMUNICATIONS
Discussion occurred regarding May, Zima & Company's letter to the Board reviewing the private placement memorandum for the asset acquisition of Florida Medical Industry, Inc. by Medi-Tech Corporation. Mr. Ford, County Attorney, stated May, Zima & Company felt there should be a feasibility study made by an independent accountant and stated the first three months in 1980 should be audited. The Board instructed Mr. Ford, County Attorney, to contact flay, Zima & Company and Mr. Lee Rust, representing the Florida Medical Industry, Inc., regarding the feasibility study and report back to the Board.
CETA
Mr. Tom Schley, CETA Director, appeared before the Board to request a CETA Finance section be established. Mr. Harold Koppel, Finance Director, spoke in favor of Mr. Schley's request. Discussion occurred.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved for a CETA Finance section be established, with CETA Funds, with the following positions: one (1) Fiscal Assistant and two (2) Finance Clerk 11's.
CETA
Mr. Tom Schley, CETA Director, presented Lake County's Planning Allocations for Fiscal Year 1980-81, which he received on Monday, August 11, 1980, at a D.E.T. Contract Negotiations Workshop in Orlando.
LANDFILLS/ACCOUNTS ALLOWED/PURCHASING
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the purchase of hog wire for fencing at the Astatula Landfill from Hendrix at a cost of $1,337.90. Labor to be furnished by the Public Works Department.
AGRICULTURE CENTER/ACCOUNTS ALLOWED/PURCHASING
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of an Accumet 230-A Ph Meter for the Ag. Center from Fisher
Scientific at a cost of $675.00 plus shipping.
BIDS/CONTRACTS/PURCHASING
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved for Norma Showley, Purchasing Agent, to obtain extensions on service contracts and/or annual bids at current prices.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved for Norma Showley, Purchasing Agent, to rebid the annual requirements or service contracts on those she could not obtain extensions.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved for Norma Showley, Purchasing Agent, to bid for a single truckload lots of sign posts twice a year (approximately 2500 sign posts).
MAINTENANCE/ACCOUNTS ALLOWED/PURCHASING
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of a 12 ft. stepladder carrier for the top of the Maintenance van at a cost of $21.99.
ACCOUNTS ALLOWED/COUNTY EMPLOYEES
Chris Ford, County Attorney, informed the Board Don Smalt, Executive Assistant to the Clerk, had received papers from the State of Florida stating that in the year 1975-76 the County did not make the matching for Social Security and Retirement for Ex-Sheriff Bliss and Deputy John Gerber.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board approved the payment of $1,103.86, by County funding, to the Social Security and Retirement Fund for Mr. Bliss and Mr. Gerber contingent to it being the employer's part of the matching.
FIRE DISTRICTS
Mr. Ford, County Attorney, informed the Board he had received a letter from the Bassville Fire District for replacement of two (2) Fire Commissioners. Mr. Ford suggested the Board might advertise in the paper for qualified personnel.
COUNTY ATTORNEY/ACCOUNTS ALLOWED/TRAVEL
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved for Mr. Ford, County Attorney, or a representative from his office, to attend a Cluster Housing Seminar in Fort Lauderdale, October 17 and 18, 1980, with a registration fee of $125.00.
JUDGES/ACCOUNTS ALLOWED
Mr. Ford, County Attorney, informed the Board he had received a letter from Judge Booth who is requesting a contribution from the County to the State Retirement System. Judge Booth needs to have an additional contribution of $4,637.78 to upgrade his retirement credits during the time he was County Judge from January 4, 1966 through January 6 1969.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to contribute the match of $2,318.89 payable to the Florida Retirement System.
PUBLIC HEALTH
Mr. Ford, County Attorney, informed the Board the three (3) blood tests (which is in connection with the Tower Chemical Plant) had been completed by the State Health Department and the blood tests were within normal limits.
PUBLIC HEALTH/RESOLUTIONS
On a motion by Conunr. Carson, seconded by Commr. Burhans and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Resolution for the Health Department setting physical examinations for county employees at $25.00.
BUILDING COMMITTEE/COMMUNICATIONS
Discussion occurred regarding the codification of Ordinances.
On a motion by Commr. Middleton, seconded by Commr. Carson carried unanimously, the Board referred the codification of Ordinances to the Building Committee.
FIRE DISTRICTS
Mr. Steve Ahern, Mascotte Fire Department,appeared before Board requesting to advertise for a Southwest Lake Fire Control District. Discussion occurred.
It was the feeling of the Board Mr. Ahern get the boundaries resolved by working with the Property Appraiser and Tax Collector and the County Attorney's Office and then bring it back to the Board. Mr. Ford, County Attorney, recommended a Commissioner work with the County Attorney when meeting with a Fire District.
COMMUNICATIONS
Mr. Carl Merritt, Ferndale, appeared before the Board to express his opinion of the lack of voting in Lake County.
RECESS AND REASSEMBLY
At 11:25 A.M. the Chairman announced the Board would recess for lunch at the Silver Lake Country Club with the Public and Press being invited on a Dutch-Treat basis.
The Board reconvened at 2:00 P.M. for Rezoning.
REZONING
PUBLIC HEARING #49-80-l Change of Use & Site Plan Allen Silbernagel
Mr. Allen Silbernagel, petitioner, was present to oppose the Planning & Zoning Commission's recommendation to restrict his property to one entrance.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a change of use and site plan in CP for a shopping center and the two existing entrances and exits be allowed.
PUBLIC HEARING CUP #706-l CUP in R-l-7 Bassville Park Assembly of God
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 Planning & Zoning Commission's recommendation and approved a CUP in R-l-7 for a church.
PUBLIC HEARING CUP #292A-3 AMEND CUP #292-3 Ansel T. Lake
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board upheld the reconunmendation of the Planning & Zoning Commission and denied the rezoning without prejudice.
PUBLIC HEARING #69-80-4 A to C-l or CP Peter H. Johnson
Mrs. Adlai Richey, representing Mr. Johnson, appeared before the Board in favor of the Shop N Go. Mr. Emory Williams, adjoining property owner, also spoke in favor to the convenience store.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Department and approved rezoning to CP (Planned Commercial).
PUBLIC HEARING #61-80-2 A to AR Otto C. Marron
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 & Zoning Commission and denied the rezoning without prejudice.
PUBLIC HEARING #79-80-4 R-1-7 to A F. A. Dillard
Mr. Barney Dillard, petitioner, appeared before the Board in opposition to the Planning & Zoning Commission's recommendation of denial. Discussion occurred.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board overturned the recommendation of the Planning & Zoning Commission and approved to rezone to A (Agriculture).
PUBLIC HEARING CUP #725-4 CUP in C-l Kenneth Campbell
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 accepted the withdrawal of this case by Mr. Campbell.
PUBLIC HEARING #78-80-4 RR to A Roveri James Dolfi
Mr. Roveri Dolfi, petitioner, appeared before the Board in opposition to the Planning & Zoning Commission's recommendation rezone to AR (Agriculture Residential).
Mr. Dolfi would like his property to be rezoned to A (Agriculture).
Mr. Matt Cleveland, Mr. Justis Knam, Mr. Ken Facemyer, Mrs. Barbara Tone, and Mr. Walt Tierney appeared before the Board in opposition to the land being rezoned to A (Agriculture).
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board denied the rezoning.
PUBLIC HEARING CUP #723-4 CUP in RR or A Roveri James Dolfi
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 approved a CUP in RR (Rural Residential) for a taxidermy shop as a home occupation.
PUBLIC HEARING CLASSIFICATION OF USES David R. Strickland
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and postponed this case until September 9, 1980 until 2:00 P.M. or soon thereafter as possible.
PUBLIC HEARING CUP #726-4 CUP in RR David R. Strickland
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and postponed this case until September 9, 1980 until 2:00 P.M. or soon thereafter as possible.
PUBLIC HEARING CUP #729-4 CUP in A D. C. Waters
Mr. Steven Vaughn appeared before the Board in favor of the Planning & Zoning Commission's recommendation for approval of a CUP in A (Agriculture). Mr. Vaughn stated the only thing they were opposed to in the new CUP was the section on the acceleration and deceleration lanes. Mr. D. C. Waters, petitioner, appeared before the Board regarding the lanes.
Discussion occurred.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board upheld the recommendation of the Planning & Zoning Commission and approved a CUP in A (Agriculture) with a change of wording in the CUP stating if acceleration or deceleration lanes are required, it will be at the expense of the owner.
Commr. Burhans and Commr. Windram voted "No".
PUBLIC HEARING #73-80-4 RP to A John H. Gatch, et al
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning to A (Agriculture).
PUBLIC HEARING #77-80-5 A to RR Frank & Rose Vanderhoof
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 & Zoning Commission and approved the rezoning to RR (Rural Residential).
PUBLIC HEARING CUP #720-5 CUP in RP Eustis Church of the
Nazarene, Inc.
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 & Zoning Commission and approved a CUP in RP (Multiple-Family Residential-Professional).
PUBLIC HEARING CUP #307B-5 Amend CUP Louis Eliopulos - Lakeside Memory Gardens
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 & Zoning Commission and postponed this case until September 9, 1980 at 2:00 P.M. or soon thereafter as possible.
PUBLIC HEARING CUP #728-5 CUP in A John Whitaker & O.C. May
Mr. Bob Stebbins, attorney representing Mr. Whitaker and Mr. May, appeared before the Board to discuss this case. Mr. Whitaker, petitioner, appeared before the Board to answer any questions the Board might have.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved a CUP in A (Agriculture) for an Agriculture in housing camp.
PUBLIC HEARING #71-80-5 R-l-7 to RM or R-l-5 Johnnie Turpak
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 overturned the recommendation of the Planning & Zoning Commission and postponed this case until September 9, 1980 at 2:00 P.M. or soon thereafter as possible.
PUBLIC HEARING #56-80-l C-l and C-2 and RMRP to CP
P & Z Commission (Staff)
Mr. Jerry Lockett, attorney representing Mr. William P. Floyd, Sr., appeared before the Board to oppose the Planning & Zoning Commission's recommendation of approval. He stated Mr. Floyd, owner of the property, does not want his property rezoned. Discussion occurred.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board overturned the recommendation of the Planning & Zoning Commission and denied the rezoning to CP (Planned Commercial).
PUBLIC HEARING #82-80-l R-l-7 to RP or CP Ernest W. McKinley
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning to RP (Multiple-Family Residential Professional).
Commr. Burhans was not present for the vote.
PUBLIC HEARING #80-80-l R-l-7 to C-l or C-2 or CP Elmer &
Dorothy Givens
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 & Zoning Commission and approved the rezoning to CP (Planned Commercial).
PUBLIC HEARING #83-80-l R-l-7 to RP or CP Jacquelin D. Dupuis
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 & Zoning Commission and denied the rezoning.
PUBLIC HEARING #81-80-l RR to RMRP Larry Taylor
Mr. Larry Taylor, representing Mr. H. H. Paulling, appeared before the Board in opposition to the Planning & Zoning Commission's recommendation for denial. Mr. George McKay, abutting property owner, appeared before to Board in opposition to the recommendation.
Mr. Steve Richey, representing property owners in Bertsville, appeared before the Board in favor of the recommendation of denial. Mr. Alex Whalen and Mr. Leslie Wilman were also opposed to the rezoning.
Commr. Carson made the motion, which was seconded by Commr. Burhans, to overturn the recommendation of the Planning & Zoning Commission and grant the rezoning to RMRP (Mobile Home Rental Park Residential). Commrs. Windram, Deems, and Middleton voted "No". The motion failed.
On a motion by Commr. Middleton, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning & Zoning Commission and denied the rezoning without prejudice.
Commrs. Carson and Burhans voted "No".
PUBLIC HEARING #75-80-2 RP to R-l-5 Luther Lewis
Mrs. Lewis, petitioner, appeared before the Board in opposition the the Planning & Zoning Commission's recommendation of denial.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed this case until September 9, 1980 at 2:00 P.M. or soon thereafter as possible.
PUBLIC HEARING #72-80-l RR to ER Sun 1st National Bank, Lk. Co.
Mr. Steve Richey, representing the Sunnyside Area Owners Association, appeared before the Board in opposition to the recommendation to rezone to ER (Estates Residential).
Mr. Jerry Lockett, attorney representing petitioner, appeared before the Board in favor of the rezoning.
On a motion by Commr. fliddleton, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning to ER (Estates Residential).
Commrs. Carson and Deems abstained from voting due to their afiliation with Sun 1st National Bank, Lake County.
PUBLIC HEARING CUP #721-3 CUP in A Fl. Dist. Church Nazarene, Inc.
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 & Zoning Commission and approved the CUP in A (Agriculture) for a church.
PUBLIC HEARING CUP #119B-3 Extension of CUP So. Fruit Distributors Rodney Griffin
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 & Zoning Commission and denied the rezoning.
PUBLIC HEARING #74-80-2 A to C-l or CP Steven Hudick
Mr. Hudick, petitioner, was present to answer any questions the Board might have.
On a motion by Commr. Windram, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning to CP (Planned Commercial).
MAINTENANCE/ACCOUNTS ALLOWED/PURCHASING
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board rescinded action taken earlier regarding the purchase of a stepladder carrier for the Maintenance Department in the amount of $21.99.
On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of a stepladder carrier for the Maintenance Department from Lake County Auto in the amount of $26.95.
TRAVEL/ACCOUNTS ALLOWED/EMERGENCY SERVICES
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Finance Department to transfer the necessary funds for travel approved for Mr. Bob Lewis, Emergency Services Director to Battle Creek, Michigan. (Travel approved June 10, 1980.)
RESOLUTIONS/FINANCE DEPARTMENT/LAWS & LEGISLATION
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign a Resolution standardizing per diem and travel expenses rate for Lake County with those of the State of Florida.
RESOLUTIONS/SCHOOLS/ELECTIONS
Mr. Ford, County Attorney, informed the Board he had. received a Resolution from the School Board requesting the Board place upon the November General Election the following question:
STRAW BALLOT
Do you want Sex Education to be taught in the
Public Schools of Lake County?
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved a Resolution to authorize Mr s . Enogene Stegall, Supervisor of Elections, to place J-h Straw Ballot question on the November General Election Ballot.
BONDS
Mr. Ford, County Attorney, presented the Guidelines and Procedures from the Broward County Industrial Board regarding the Industrial Development Revenue Bonds.
MEETINGS
Commr. Deems announced there would be a Special Meeting on Monday, August 18, 1980, at 9:00 A.M. regarding the Industrial Revenue Bonds.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:55 P.M.
C. A. "Lex" Deems/, Chairman
xc g 8-14-80 1:45 p.m.
*For Special Meeting Minutes of 8-18-80
See page 621