A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 2, 1980

The Lake County Board of County Commissioners met in Regular Session on Tuesday, December 2, 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; Claude Smoak; James R. Carson, Jr. and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Pat Shirah.

The Invocation was given by Mr. Watkins, and the Pledge of Allegiance was let by Commr. Windram.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of November 12, 1980 as submitted.

PUBLIC HEARING - OUTDOOR RECREATIONAL FACILITIES

At 9:15 A.M. the Chairman announced the advertised time had arrived for the Public Hearing regarding the consideration of a request from the Disabled American Veterans to lease McTureous Park, Altoona from Lake County. It was noted the properproof of publication was on hand and had appeared in the November 12, and 26, 1980, editions of The Outpost.

Mr. Jack Gibson appeared before the Board, representing the Disabled American Veterans of Altoona.

Mr. Gibson stated that the lease should be for a longer period of time and that the County should pay for the electricity since the Disabled American Veterans would be putting six to seven thousand dollars of their money into remodeling the building that is presently on the property.

Reverend Jack Andrews, Altoona spoke on behalf of himself and Mrs. McTureous and requested that no alcoholic licenses be permitted on the property at any time.

Mr. Gibson assured Mr. Andrews they would not have liquor licenses and they would not allow any organization that might rent the building in the future to have one on the property.

The Board requested the County Attorney meet with the Disabled American Veterans and work out the problems pertaining to the lease and present a new lease to the Board for review.

PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request of John D. and Alice E. Blanchard - Bay Lake Area -District #2 - Case #80- 53, for waiver of improvement requirements and plan

requirements of the Subdivision Regulations - Section 62.

LANDFILLS/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Carson and carried the Board raised the fees being charged in the Landfills for tires from $10.00 per ton to $20.00 per ton.

Commr. Burhans was out for the vote.

ORDINANCES/FIRE DISTRICTS

At 1O:OO A.M. the Chairman announced the advertised time had arrived for the Public Hearing regarding the consideration for adoption of an Ordinance creating the Southwest Fire District located in Lake County. It was noted the proper proof of publication was on hand and had appeared in the November 13, and 20, 1980 editions of the Sentinel Star.

Mr. Stevens Ahern appeared before the Board and stated that the proposed Ordinance should have included Section 17, Township 22S, Range 25 E.

Mayor Carlton Dowing, Groveland appeared before the Board and stated that he felt the citizens of Groveland had not been properly informed of the proposed Ordinance and the City had asked many questions of the fire district that had been unanswered. Mayor Dowing requested someone from the proposed Southwest Fire District to attend a City of Groveland Council Meeting as soon as possible, and answer questions.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried the Board tabled the adoption of the proposed Southwest Fire District Ordinance until requested by the proposed fire district and City of Groveland to reconsider the Ordinance.

Commr. Carson voted "No".

PUBLIC WORKS/SIGNS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to erect the following signs at the entrance to the Leesburg Sprayfield Site Entrance Road and C-470 due to restricted sight distance and turning radius:

1. East and West bound traffic, both to be warned with "Trucks Entering Highway" signs.

2. "No Left Turn" and "Blind Driveway" signs on left side for East bound C-470 traffic.



3. Trucks entering the highway from the sprayfield site be restricted to a left turn only and that C-470 be striped double yellow line across the overpass to the Florida Turnpike.



PURCHASING/BIDS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board authorized Norma Showley, Purchasing Agent to rebid filled rip-rap bags.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to extend bid #005-80, McAsphalt at no increase until March 31, 1981.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to extend bid #017-79-80, sign blanks until March 31, 1981, at no increase.

CONTRACTS 6 LEASES & AGREEMENTS/FIRE DISTRICTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman to sign the Interlocal Agreeement Providing For Cooperative Purchasing Among Governmental Agencies for the Northwest Lake County Fire District.

NURSING HOME/PURCHASING

On a motion by Commr. Burhans, seconded by COmmr. Smoak and carried unanimously, the Board approved the purchase of a 1980 Chevrolet pick-up truck from Bill Seidle Chevrolet, Oldsmobile and Kawasaki, Inc., Clermont at a cost of $5,505.80 for the Lake Memorial Nursing Home.

ROADS - COUNTY, STATE/MAPS & PLATS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried the Board adopted the map and certification for Skyline Drive #5-7672 and Cemetery Road #5-7676 Right of Way Map.

Commr. Carson was not present for the vote.

VETERANS SERVICE/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Arthur F. Ragland, Veterans Service Officer, to transfer $250.00 from Office Supplies Account Number 001-553-1-00-20-000-510 to Machinery and Equipment Account Number 001-553-1-00-20-000- 640.

PERSONNEL/RESOLUTIONS/COUNTY EMPLOYEES

On a motion by Commr. Windram,seconded by Commr. Burhans and carried unanimously, the Board approved the Recognition of Service Resolution form to be used for Lake County Employees who have served the County for fifteen years or longer as requested by Glenn Timmons, Personnel Director.

AUDITS/NURSING HOME

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for Books, Brown 6 Shumaker Audit Firm, Leesburg to do the Cost Audit Report for the Lake Memorial Nursing Home for 1979-1980.

HEALTH DEPARTMENT/BUDGETS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimosuly, the Board authorized the Clerk to sign the Lake County Health Unit Operating Budget for the fiscal year beginning July 1, 1980 and ending June 30, 1981.

BONDS/CONTRACTOR

On a motion by COmmr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the Contractor Bonds and Cancellations as listed below:

NEW BONDS

1129-81 Walsteen J. Sweat (Tile)

1138-81 Charles L. Anthoney (Masonry)

1933-81 Laurence Sistruck d/b/a Sistrunk Industries

1940-81 Jett Riley d/b/a Riley Construction, Inc.

1943-81 Robert J. Zahrahnik (Building)

1945-81 Joseph Gonczy (Handyman)

1946-81 Rex Roach (Electrical)

CANCELLATIONS

46-75 W. Neff Sebree and Thompson Welding Co., Inc.

1165-64 James D. Shay

1501-76 Wayne Rabe and Jimmy Glen Miller d/b/a Wayne Construction

1714-79 Gary D. Sullivan (Electrical)

1734-80 Richard W. Smith d/b/a Kare-Free Koatings, Inc.

1793-79 Jon Billingsley (General)

1844-81 Robert E. Harrell

1887-80 James Cochran d/b/a Tiffany Pools of Central Florida, Inc.



LICENSES 61 PERMITS

On a motion by Commr. Windra, seconded by Commr. Carson and carried unanimously, the Board approved the New and Renewal Gun Permits and Bonds as listed below:

Luther Sutherland C. Dayton Kurtz

Marna Suzanne Young Michael Ianira, Jr.

Lewis W. Clark John C. Hofmeister

John J. Matche Ronald H. Herd

Violet Herd George Simpson

William S. McClelland

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved additions to the gun permits for the following:

Alice Joyce Thomas

Louis Burg

CHECKS RECEIVED/CONTRACTS & AGREEMENTS & LEASES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted check 118239 from Indian Lake Fruit Company in the amount of $l,OOO.OO and approved signature authorization for the Chairman and the Clerk to sign the contract with Indian Lake Fruit Company.

BONDS/COMMISSIONERS/SHERIFF

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board apprvoed Performance Bonds for Commr. Claude Smoak and Mr. Noel E. Griffin, Jr.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the November 7, and 14, 1980 Distribution of Revenue Traffic-Criminal Cases.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the 1980 Annual Report from Lake Community Action Agency.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Plaque - Certificate of Appreciation from the Lake Community Action Agency.

The motion also included the Clerk writing the Lake Community Action Agency thanking them for the plaque.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt fo the Inspection Report for the Lake County Jail.

COMMUNICATIONS/ORDINANCES

Chris Ford, County Attorney, read a letter from Bob Hattaway, State Representative, District #33 concerning small businesses operating from motel rooom, etc. to purchase gold and silver along with Ordinances passed in the City of Tallahassee and Leon County.

The Board requested Chris Ford, County Attorney, review the Ordinances to see if Lake County should consider passing such a proposal.

COMMUNICATIONS

Chris Ford, County Attorney, read a letter from the Office of the Governor, thanking the Board for recommending Mr. Wilson Wright for appointment to the Public Service Commission.

CONTRACTS & LEASES & AGREEMENTS

On a motion by Commr. Windra, seconded by Commr. Burhans and carried unanimously, the Board denied the request from Ameri-Quip for a Certificate of Need to operate a non-emergency patient transport in Lake County.

It was the feeling of the Board that these additional services were not needed in Lake County at this time.

The Motion also included the Clerk sending a letter to Ameri-Quip stating the Board's decision.

CONTRACTS & LEASES & AGREEMENTS/FIRE DISTRICTS/MUNICIPALITIES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved an Interlocal Agreement Providing For Cooperative Purchasing Among Governmental Agencies for Paisley Fire District and the City of Umatilla.

CONTRACTS & LEASES & AGREEMENTS/NURSING HOME

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and the Clerk to sign an Agreement for participation in the Title XIX Medicaid Nursing Home Program for the Lake Memorial Nursing Home, the old agreement expires Janaury 31, 1981.

CONTRACTS & LEASES & AGREEMENTS/EMERGENCY SERVICES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to renew a Certificate of Convenience and NCeessity for the South Lake Ambulance District as requested by Jim Walker, Director of Ambulance Services for the South Lake Memorial Hospital. The Certificates term would be from December 31, 1980 to December 31, 1981.

GRANTS/AGRICULTURE CENTER

Chris Ford, County Attorney, presented a grant application request for the greenhouse structure at the Agriculture Center and stated that the only problem he saw on the application was that the grantee was William H. Bodnaruk rather than Lake County. The Board requested the Clerk to check into this and report back to the Board later in the day.

CONTRACTS & LEASES & AGREEMENTS/OUTDOOR RECREATIONAL FACILITIES

At this time Chris Ford, County Attorney, asked the Board what terms they would like to see negotiated in the Disabled American Veterans Lease on McTureous Park, Altoona.

The Board stated they would like to contract to read that utilities be paid by the County on a yearly basis, a ten year lease with a thrity day termination clause and they would like to see the Disabled American Veterans submit a list of proposed rules including that acholic beverages would not be for sale, before they approve the lease.

INDIGENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved payment fo the following Indigents:

CANCEL: Carrie Scevela for Jimmy Tomkins.................$36.00

APPROVE: Edith Rideout for James Nichols..................$42.50

RECESS AND REASSEMBLY

At 11:55 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 Code Violations.

CODE VIOLATIONS

PUBLIC HEARING ZV-80-86 Lakeside Memory Gardens

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board postponed this case until January 6, 1981, at 2:00 P.M. or as soon therafter as possible.

Commr. Windram and Commr. Smoak voted "No".

PUBLIC HEARING ZV-80-133 Mr. John Waldo, Jr.

Mr. Del Potter, Attorney, representing Mr. Waldo, appeared

before the Board to answer any questions the Board might have.

Mr. Parrish was also present and stated that the labor camp has had continuous use since 1949 when he purchased the camp. Mr. Parrish also stated that the reason he had not had Health Department Inspections since 1961 was that he closed down his central feeding unit at that time and he was under the impression that if he did not operate a central feeding unit a Health Department Inspection was not required for the camp.

Steve Sewell, Attorney, representing Ms. Johnnie Lee Marin and other residents living around the camp area appeared before the Board in opposition to the camp.

Commr. Windram made a motion, which was seconded by Commr. Smoak (for second discussion) to upheld the recommendtions of Planning and Zoning Department and declare Mr. Waldo in violation of Ordinance 1971-6 and grant him thirty (30) days to comply.

Commr. Burhans, Commr. Carson and Commr. Smoak voted "No", therefore the motion failed.

Commr. Smoak made a motion for the Planning and Zoning Stafff to inform the property owners of what would be necessary to bring that property and the current use into conformance with the existing zoning ordinance in Lake County as a conforming use not a legal non-conforming use.

Commr. Smoak withdrew the motion.

PUBLIC HEARING ZV-80-110 Mr. Lenvail H. Revels

Mr. "Red" Kirkman appeared before the Board regarding this case, and stated he was in the process of cleaning up his property.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Kirkman and Mr. Revels in violation of Ordinance 1971-6 and 1970-l and granted him sixty (60) days to comply.

PUBLIC HEARING ZV-80-132 Mrs. Alice Mae Wittkopp

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board declared Mrs. Wittkopp in violation of Ordinance 1971-6, Section 665.11 and granted her until December 4, 1980 to comply.

PUBLIC HEARING ZV-80-139 Mr. Ellis Hensley

Mr. Ellis Hensley appeared before the Board regarding this case. Mr. hensley stated that he did do minor repair work on motor vehicles once in a while, but at no charge, he only did it as favors to friends and family.

Mr. Buckingham, who lives in the same neighborhood, appeared before the Boare to state that Mr. Hensley did opeate a commercial enterprise on his property.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board declared Mr. Hensley in violation of Ordinance 1971-6 and granted him thirty (30) days to comply.

PUBLIC HEARING ZV-80-136 William J. Proebsting

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

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board declared Mr. Proebsting in violation of Ordinance 1971-6 and 1970-l and granted him thirty (30) days to comply.

PUBLIC HEARING ZV-80-141 Mrs. Mentie Turner

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 postponed this case until March 3, 1981, at 2:00 P.M. or as soon thereafter as possible.

AGRICULTURE CENTER/GRANTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the grant application request for the greenhouse structure at the Agriculture Center as submitted earlier in the meeting submect to the Clerk and the County Attorney straightening out the Grantees name.

There being no further business to be brought to the attention of the Board, the Board adjourned at 3:40 P.M.

C. A. "Lex" Deems, Chairman

James C. Watkins, Clerk

PAS