A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 9, 1980

The Lake County Board of County Commissioners met in Regular Session on Tuesday, September 9, 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: James C. Watkins, Clerk; Sanford Minkoff, County Attorney's Office; and Pat Willman, Deputy Clerk.

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

ELECTIONS

Commr. Deems advised the Canvassing Board would meet on Wednesday, September 10, 1980, at 9:00 A.M. in Judge Milton's Chambers. All Board Members should be present with the exception of anyone who is a candidate in the election.

COMMITTEES/PROPERTY APPRAISER/TAXES

Commr. Deems, Chairman stated the members to serve on the Property Appraisal Adjustment Board for 1980 need to be selected. Commr. Windram and Commr. Carson stated they would serve and Commr. Deems will serve as Chairman.

TRAVEL/CETA/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved travel for two (2) representatives from the CETA Office and up to three (3) additional CETA staff members to attend a Contract Management Workshop for all Fiscal Year 1981 CETA Operators, in Orlando, on September 18, and 19, 1980, sponsored by the State of Florida, Division of Employment and Training. The Balance of State will provide per diem and transportation cost for the two (2) representatives, and the expenses for the three (3) additional staff members will be payable from CETA funds.

TRAVEL/ACCOUNTS ALLOWED/VETERANS SERVICE OFFICE

On a motion by Commr. Middleton, seconded by Commr. Windram and carried unanimously, the Board approved travel for Arthur Ragland, Veterans Service Officer, to travel to St. Petersburg September 18 and 19, 1980, to review veterans files for the purpose of writing appeals to Board of Veterans Appeals, Washington DC (4 cases) and to attend a meeting with Florida Division of Veterans Affairs as a member of the Executive Committee, State Association of County Service Officers pertaining to employment by State of County Service Officers and Staff. Total anticipated cost of $105.60.

ANIMAL SHELTER/LAWS & LEGISLATION

Discussion occurred regarding new legislation which requires all dogs and cats to be neutered or spayed when adopted from the animal shelter, to become effective October 1, 1980. Commr. Deems recommended the County Attorney study the law and draw up the necessary amending Ordinance to be presented to the Board for review.

BONDS-CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds and Contractor Bond Cancellations:

New Bonds

0038-81 John D. McLeon, Jr. (Class "B" Building)

1666-81 Grover C. Reed, Jr. dba Grover Reed Masonry (Masonry)

0782-81 Jack Pack (General)

0888-81 James R. Jahoney (Registered Electrical)

0892-81 James M. Haun dba Haun Plumbing (Plumbing)

1916-81 James D. Heiskell (General)

1923-81 Jerry Helton (Electrical)

1924-81 David G. Parisoe (Handyman)

1925-81 Anthony Ramey (Dry Wall Installation)

Cancellations

1764-79 Freddy H. Houston dba R. 0. H. Construction & Repair, Inc. (General)

1783-79 Jim P. Turner, III dba Jim's Plumbing (Plumbing)

1792-79 Frank Walker

1833-79 Behe & Umholtz (Electrical Contractor)

REPORTS

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board acknowledged receipt of the August 29, 1980, Traffic-Criminal Department Distribution of Revenue Report.

SUITS AFFECTING THE COUNTY

Mr. Minkoff advised the Board he had received a memorandum from Judge Brownlee requesting the Board intervene in a law suit, Nation vs Nation, in which the client signed an affidavit of indigency and at the time of the hearing, the Judge found the client owned a considerable amount of real property and could afford an attorney. Judge Brownlee advised Mr. Minkoff he had not been successful in getting the Attorney General to represent the County, therefore he asked the County to intervene.

PROPERTY APPRAISER/TAX COLLECTOR

Ed Havill, Property Appraiser and T. Keith Hall, Tax Collector, appeared before the Board requesting the Board's approval of a computer system which they wish to install for the use of both offices. Mr . Havill and Mr. Hall provided the Board with information on how the system will operate and the necessity for the equipment.

Mr. Dave Morton, Florida Gas Company and Mr. Rick Cycles of Burroughs Corporation were also present to answer any questions the Board might have pertaining to the purchase of or the capabilities of the equipment.

There was much discussion regarding the functions of the equipment and the possibility of all departments or agencies being on one main system. It was determined this was not feasible, at least at the present time.

On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the proposal in principle, as presented by the Property Appraiser and the Tax Collector, upon receipt and approval of the final documents by the Board and the County Attorney.

PROPERTY APPRAISER/FUNDS-TRANSFER/ACCOUNTS ALLOWED

Ed Havill, Property Appraiser, addressed the Board requesting $lO,OOO.OO to be used to purchase postage for mailing the 1980 Tax Notices. Mr. Havill advised the Trim Bill made the Board responsible for the cost of preparation and delivery of the notices.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the request for $lO,OOO.OO to be transferred from Contingency.

PLANNING DEPARTMENT

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the request of Jimmy T. Hawthorne, Astatula Area; District #3; Case #80-38, for waiver of improvement requirements and plan requirements of the Subdivision Regulations, Section 62.

On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the request of Price Groves, Inc.; Sugar Loaf Mountain Area; District #3; Case #80-39, for waiver of improvement requirements and plan requirements of the Subdivision Regulations, Section 62.

ACCOUNTS ALLOWED/ZONING

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved to reimburse Sandra J. Casburn, Code Enforcement Officer, Zoning Department, the amount of $111.45 upon completion of an Introduction to Criminal Justice Course and a Criminal Law Course at Lake Sumter Community College.

MUNICIPALITIES/ZONING

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman's signature on a letter to the City of Eustis indicating review and approval of the City's proposed zoning ordinance and map.

PLANNING/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized the payment of membership fees to the American Planners Association for Mike Willett, Development and Public Works Director and Howard Pollard, Planning and Zoning Coordinator.

LICENSES & PERMITS

Mr. Ralph Oyster of Marion County submitted through the Lake County Sheriff's Department, a request for a permit to put on a fireworks display at Camp Moon in Bassville Park on October 8, 1980. The Sheriff's Department indicated the Bassville Park Fire Department had been notified of the request and would be available to assist.

Mr. Minkoff advised the Board under Florida Statute 791.02 the Board is required to grant permits for fireworks displays taking place outside municipalities. Mr . Minkoff also stated under the statute a bond of not less than $500.00 is to be posted.

After discussion, the Board directed Mr. Minkoff to check with some of the municipalities concerning the amount of bond and other requirements which may be necessary and bring back to the Board at the next Regular Meeting.

FINANCE

In a memorandum from the Clerk, Mr. K. Coffie of Winter Park, former owner of El Red Mobile Manor Mobile Home Park, has requested return of his Escrow Deposit with the Board in the amount of $40.00 minus $19.50 which Mr. Coffie states he owes the Board.

The Board referred the request to Mike Willett to find out what the deposit was for and bring back to the Board for action.

JAILS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized to contract with John S. Dickerson, Architect, to supervise the electrical renovation work to be done in the jail, at the same rate previously contracted with Mr . Dickerson.

RECESS AND REASSEMBLY

At 11:15 A.M. the Chairman announced the Board would recess for lunch at the Park Grill with the Public and Press invited on a dutch-treat basis.

The Board reconvened at 2:00 P.M. for Rezoning. Mr. Watkins, Clerk was not present for the afternoon session.

REZONING PUBLIC HEARING #76-80-4 R-1-7 to RP Lutheran Church - Missouri Synod



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

Mr. Willett, Development and Public Works Director, advised the Board his department had received a petition with approximately seventy eight (78) names in opposition of the request. Mr. Willett also advised a letter had been received from the applicant requesting the application for rezoning be withdrawn.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the applicants request for withdrawal.

Mrs. Lynn Iannone, Golden Heights resident, addressed the Board and asked if the applicant resubmits his application for rezoning would the entire process have to be repeated. The Board advised Mrs. Iannone the entire process would be necessary.

Pastor Willis, questioned the Board as to the actual ownership of the property. Mr. Willett advised the property was at this time in the hands of the Missouri Synod Foundation.

PUBLIC HEARING #75-80-2 RP to R-1-5 Luther Lewis

Mrs. Lewis was present and advised the Board she had previously applied for the same request and was denied. After the denial Mrs. Lewis investigated the zoning in the area and found there to be a parcel to the east of her property which had been rezoned to R-l-5.

Mr. Willett, Development and Public Works Director stated the area was basically vacant with RP, A, R-l-15 zoning for the most part. Mr. Willett stated the Department recommends denial.

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

PUBLIC HEARING #71-80-5 R-l-7 to R-l-5 Johnnie Turpak

Ms. Turpak was present stating she opposed the recommendation of the Planning and Zoning Commission for denial of her request. Mr. Ira Starkey, a neighbor and resident of the same area advised the Board he represented the other residents as well as himself and they would ask the Board to please approved the request of Mrs. Turpak for rezoning to allow her to place her mobile home on the property.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and granted the rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #102-80-4 RR to AR D. R. Strickland

Mrs. Sandra Dolfi and her husband Mr. James Dolfi addressed the Board expressing their opposition to the rezoning request. Mrs. Dolfi stated they felt the AR (Agricultural Residential) Zoning was a prejudice type of zoning and she also stated she and her husband had recently applied for rezoning to allow them to operated a business from their property and were denied.

Dan Robuck, Attorney representing Mr. Strickland, advised the Board there would be no retail sales occuring from proposed operation, only wholesale and under the CUP also requested, the Board would be able to restrict the operation.

Mr. Willett stated when Mr. Strickland started his business at this particular location, greenhouses were accepted under a different interpretation and were allowed. Since that time, the Planning Department and the Board have made certain restrictions necessary for greenhouses.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from RR (Rural Residential) to AR (Agricultural Residential).

PUBLIC HEARING CUP #726-4 D. R. Strickland

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

After considering the discussion from the previous case for the same applicant, Commr. Windram moved to uphold the recommendation of the Planning and Zoning Commission and Commr. Carson seconded the motion which was carried unanimously, to approve the CUP in AR (Agricultural Residential for a wholesale greenhouse.

PUBLIC HEARING CUP #307B-5 Louis Eliopulos

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

Mr. Willett advised the Board of the Department's recommendation for denial of the request, stating the Department had not received a site plan from the applicant.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request to amend the CUP.

PUBLIC HEARING #lOO-80-4 A to RR Pasco Volunteer Fire Department



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 from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING CLASSIFICATION OF USES Pasco Volunteer Fire Dept.



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 and Zoning Commission and approved the Classification of Uses for a fire station in RR (Rural Residential) under a CUP.

PUPLIC HEARING CUP #727-4 Pasco Volunteer Fire Department

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 granted the CUP in RR (Rural Residential) with the following modifications: No fire siren on the building; and signs to be placed on the highway to indicate the presence of a fire station.

PUBLIC HEARING #lOl-80-4 R-l-7 to A Jay A. Jorgensen

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

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

PUBLIC HEARING #95-80-4 R-l-7 to C-l or CP Antoinette G. Hill



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 from R-l-7 (Urban Residential) to CP (Planned Commercial).

PUBLIC HEARING #84-80-4 A to R-1-5 Elizabeth Lockett

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 from A (Agricultural) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #89-80-4 A to C-2 or CP H. T. Gann

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 and Zoning Commission and approved the rezoning from A (Agricultural) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING CUP #724-4 CUP IN A Alice E. Orr

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 CUP in A (Agricultural) for a home occupation for sewing, crafts and wood cutting for surveyor stakes.

PUBLIC HEARING CUP #722-5 CUP in A Stone Lake Trust - Paul E. Raymond - Attorney



The Planning and Zoning Commission and the Planning Department recommended a thirty (30) day postponement of this case due to an error in the advertisement of the legal description.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the postponement of this case until October 14, 1980, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING #92-80-3 R-l-7 & C-l to C-l or CP Charlie Squibb

Mr. Willett advised the Board Mr. Squibb has requested withdrawal of his application at the Planning and Zoning Commission Meeting, however, the Planning Department had not to this date received a letter requesting withdrawal.

Upon the recommendation of Mr. Minkoff, representing the County Attorney's Office, Commr. Middleton moved to deny the request without prejudice. The motion was seconded by Commr. Windram and carried unanimously.

PUBLIC HEARING #94-80-l R-l-7 to C-2 or CP Joe Swiderski

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 approved the rezoning from R-1-7 (Urban Residential) to C-2 (Community Commercial).

PUBLIC HEARING #93-80-l R-l-7 to RP Terrence Carney

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

Mr. Willett, Development and Public Works Director, advised the Board the Planning Department has received a letter requesting withdrawal of the application.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the withdrawal of the application by Mr. Carney.

PUBLIC HEARING #97-80-l R-l-7 to RP Margaret F. Wolfe

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 approved the rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING #87-80-5 A & R-l-7 to C-l or CP James B. Venable



No one present wished to discusss 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 rezoning from A (Agricultural) and R-l-7 (Urban Residential) to CP (Planned Commercial).

PUBLIC HEARING #98-80-5 A to C-l- or CP Edward D. Foster

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 rezoning.

PUBLIC HEARING #99-80-l RR to A C. R. Gordon, III

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 rezoning from RR (Rural Residential) to A (Agricultural).

PUBLIC HEARING #91-80-l A to R-l-5 or RM Maurice Al

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 denied the request.

PUBLIC HEARING #80-80-2 R-1-7 to A Zebulon Teeter, Jr.

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 from R-l-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING #85-80-3 R-l-7 to A Ronald W. Thompson

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 overturned the recommendation of the Planning and Zoning Commission and approved the rezoning from R-l-7 (Urban Residential to A (Agricultural).

PUBLIC HEARING #86-80-3 A to R-l-7 Buford & Hilary Newman

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 overturned the recommendation of the Planning and Zoning Commission and approved the rezoning from A (Agricultural) to R-l-7 (Urban Residential).

PUBLIC HEARING #96-80-3 A to RP M. K. Mazuji

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 rezoning from A (Agricultural) to RP (Multiple-Family Residential-Professional).

ZONING DEPARTMENT/ORDINANCES

Mr. Willett, Development and Public Works Director, requested a date and time be set for a Public Hearing regarding the proposed Ordinance to amend the Zoning Regulations to allow police and fire stations as a permitted use in Commercial Industrial Zones or with a CUP (Conditional Use Permit) under certain circumstances in all other zones.

The Board directed the Public Hearing to be scheduled for

the first meeting in October.

PROPERTY APPRAISER/ACCOUNTS ALLOWED

Ed Havill, Property Appraiser, adressed the Board in reference to the tax notices to be sent to Lake County property owners and cost to the Board as a result of the Trim Bill.

Mr. Havill advised the total cost according to his projected figures would be approximately $25,000.00 (microfiche at $1,200.00; notices at $6,800.00; postage at $13,500.00; envelopes at $l,OOO.OO; labor at $2,000.00 to $3,000.00. Mr . Havill stated he would like to have the Board's authorization to order the microfiche at this time.

On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized Mr. Havill to order the microfiche for the tax notices at the approximate cost of $1,200.00.

GRANTS

Mr. Willett, Development and Public Works Director, advised the Board he had received from Tallahassee, the grant application submitted by the Area Council on Aging, and requested the Board authorize the Chairman to sign the application.

After discussion pertaining to the Board's liability for the matching funds if in fact the Board signs the application, the Chairman referred the matter to Mr. Minkoff, County Attorney's Office, for a legal opinion as to the extent of the Board's liability, if the Council cannot produce the matching funds.

PUBLIC HEALTH

Mr. Minkoff, County Attorney's Office, advised the Board Dr. Atkinson, County Health Department, had requested the Board file suit to close down all Head Start operations within the County, due to their failure to comply with the County Child Care Ordinance.

Mr. Minkoff stated he had discussed the matter with Commr. Burhans and Mr. Virgil Hawkins, LCAA Director, and Mr. Hawkins assured Mr . Minkoff that the problem is being resolved and the Head Start Operations within the County would be in compliance.

MEETINGS/BUDGETS

Chairman Deems announced the Board would meet on Thursday, September 11, 1980, at 9:OO A.M. to further discuss the proposed 1980-81 budget.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:25 P.M.

C. A. "Lex" Deems, Chairman

James C. Watkinsm Clerk