A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 9, 1980

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

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

PROPERTY APPRAISER/MEETINGS

Commr. Deems appointed Commr. Burhans to replace Commr. Windram on the Property Appraisal Adjustment Board.

WATER AUTHORITY/COMMUNICATIONS

Mr. Watkins read a letter from the Oklawaha Basin Recreation and Water Conservation and Control Authority requesting relocation to the office recently vacated by Sen. Fechtel. The Board referred the request to the Building Committee.

BONDS - CONTRACTOR

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

NEW

365-81 John W. Shaw, Sr. (Carpenter)

1918-81 Gary McCutcheon/Tropic Homes, Inc. (General)

1947-81 James T. Miller (Plastering)

CANCELLATIONS

641-71 Charles F. Howard

910-79 Howard D. Huchinson

1593-77 Marcene Standridge (Class C)

1704-78 Elmer L. Johnson

1845-80 Bill Lighthouse Electric

1885-80 Clifton H. Bailey

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved payment of warrants #11861 through #12265 for the following accounts:

GENERAL REVENUE

CHECKS RECEIVED/INSURANCE/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the following checks from the American States Insurance Company:

Check #79214964, in the amount of $333.50 (Property #6983,

Mosquito Control, ACV Damage from Theft Loss)

Check #79214967, in the amount of $954.27 (Property #5679,

Mosquito Control, Collision less Deductible)

CONTRACTS, LEASES, & AGREEMENTS/NURSING HOME

On a motion by Commr. Burhans, seconded by Commr. Carson and

carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Contract between the Board and Sara Harris, Patient Activities Consultant for Lake Memorial Nursing Home. To be retroactive to October 1, 1980.

RESOLUTIONS/SIGNS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the following Resolutions for setting speed limits:

Rainey Road - #4-3887 25 MPH

Shelly Drive - $5-6040 25 MPH

Camp Challenge Road - 20 MPH, pedestrian sign &

#4-4590 crosswalk

BONDS/CLERK OF CIRCUIT COURT

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Performance Bond, in the amount of $5,000.00, for Mr. Watkins, Clerk.

PUBLIC HEALTH

Commr. Burhans informed the Board he had obtained a number for the Information and Referral Service from Representative Kelly for health needs. Mr . Watkins, Clerk, stated an office for the Service had been set up in the old Safety Council office.

SHERIFF/COMMUNICATIONS

Discussion occurred regarding the airplanes which the Sheriff has confiscated and has ready for sale. Chris Ford, County Attorney, informed the Board he had spoken with the Sheriff's attorney regarding thorough advertising to sell the planes. Mr. Ford suggested they advertise in aviation magazines.

Commr. Smoak questioned whether the plane had been appraised. Mr. Ford stated to his knowledge the plane had not been appraised and further stated confiscated items could be sold without an appraisal.

CETA/ACCOUNTS ALLOWED/TRAVEL

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved travel for Tom Schley, CETA Director, to attend a Balance of State CETA Directors meeting, Friday, December 12, 1980, at the Sheraton-Twin Towers in Orlando. Expense for travel to be charge to CETA funds.

CONTRACTS, LEASES, & AGREEMENTS/MENTAL HEALTH

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Contract between the Board and Lake/Sumter Community Mental Health Center, Inc. in the amount of $80,000.00.

PLANNING DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board denied the request for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62 for Donreth & Barbara J. Smallwood, Seminole Swamp Area, District #4, Case #80-54.

BONDS - MOBILE HOME

On a motion by Commr Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Mr. Richard F. Hoffman, Montverde Area, District #3, to renew his mobile home bond for one (1) year.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved cancellation of mobile home bonds for Charles R. Caswell and Gerald Bryant, in that their conventional dwellings have been completed and the mobile homes have been remove from the properties.

GRANTS/CONTRACTS, LEASES & AGREEMENTS/PLANNING

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman and the Clerk to sign housing rehabilitation contracts for Willie Nell Tolbert, in the amount of $5,597.00; and Maude Ferris, in the amount of $2,814.00.

PLANNING/CONTRACTS. LEASES & AGREEMENTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and the Clerk to sign the demolition contract for Victoria Stewart, Mt. Plymouth Loop Road area.

ROADS - COUNTY, STATE/PUBLIC WORKS

On a motion by Cornmr. Burhans, seconded by Commr. Smoak and

carried unanimously, the Board approved for the residents of Pine Lakes to work in the right-of-way on Forest Drive.

PUBLIC WORKS/ACCOUNTS ALLOWED/TRAVEL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved travel for Herb Story, Bob Farner, Charlie Daniels and Roland Lewis, Public Works Department, to attend a conference in Orlando on January 7 & 8, 1981 on solid waste disposal at an estimated cost of $140.00.

PUBLIC WORKS/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman to sign Change Order No. 2, Project #20-80, Yalaha, in the amount of $685.50, increasing the total contract price to $138,264.15.

MEETINGS

Discussion occurred regarding the regular meeting to be held on January 13, 1981. It was pointed out there is a new Commissioners Workshop being held in Tallahassee on January 12, & 13, 1981 and three (3) Commissioners are planning to attend.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board postponed the regular meeting of January 13, 1981 to January 14, 1981 tentatively beginning at 1:00 P.M.

LANDFILLS/INSURANCE/PUBLIC WORKS

Mike Willett, Development & Public Works Director, informed the Board of potential damage done to two (2) rows of trees on the grove west of the Log House Landfill.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Mike Willett, Development & Public Works Department, to contact the insurance company to see if we have liability coverage, if so, contact the property owners and report back to the Board.

EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL/COMMITTEES

Commr. Carson informed the Board the format for the Project Review Committee, East Central Florida Regional Planning Council, had changed. Lake County has previously had two members (Mike Willett and Fred Kramer) on the Committee and now is authorized to have only one member on that Committee.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board moved Mike Willett, Development c Public Works Director, be nominated for membership on the Project Review Committee of the East Central Florida Regional Planning Council for the term beginning January 1, 1981.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized the County Attorney to draw up a Resolution of appreciation for Mr. Fred Kramer.

POLLUTION CONTROL/COUNTY EMPLOYEES

On a motion by Commr. Smoak, seconded by Commr. Carson and

carried unanimously, the Board approved a personal leave of absence for three (3) months for Linda Baggett, Pollution Control, effective December 9, 1980.

NURSING HOME/AUTOS & TRUCKS/ACCOUNTS ALLOWED

Norma Showley, Purchasing Agent, appeared before the Board

regarding the purchase of a truck for the Nursing Home.

Commr. Burhans made a motion, which was seconded by Commr. Smoak to purchase a 1981 Ford Fairmont on State Contract, in the amount of $6,768.00, availability 4 to 6 weeks.

Discussion continued with Commr. Burhans withdrawing his motion and Commr. Smoak withdrawing his second.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of a 1980 Ford Fairmont, in the amount of $6,350.00, from Key Scales Ford for the Lake Memorial Nursing Home.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved for Lonnie Strickland, Nursing Home Director, to be able to keep the vehicle 24 hours a day.

FINANCE/CLERK OF THE CIRCUIT COURT

Mr. Watkins, Clerk, informed the Board he had hired Mr. Robert Wilson, a former employee of the Clerk, as the new Finance Director.

COMMUNICATIONS/PUBLIC HEALTH

Commr. Deems informed the Board he had received a letter from North Central Florida Regional Health Council regarding the Special Rule Planning Grant to study emergency medical services in the region. The Board directed the Clerk to check with Dr. Langley, Director of EMS, to see if Lake County needs to appoint two (2) local representatives to the Special Rule Planning Grant.

MUNICIPALITIES/LANDFILLS

Commr. Deems informed the Board he had received a letter from the City of Eustis requesting the new landfill fees be waivered for the City. Discussion occurred regarding the effect the increase of fees would have on the individual citizen. Commr. Smoak felt that in increasing the fees, Lake County will have serious problems with trash and garbage. Commr. Smoak further suggested two things which could be done: 1) Develop and educate the public of the health hazards of littering: and 2) Implement an anti litter ordinance. He also suggested mandatory garbage collection.

COMMUNICATIONS/GAME & FRESH WATER FISH COMMISSION

Commr. Deems informed the Board he had received a letter from the Lake Improvement Association requesting approval to purchase 300,000 black bass fingerlings. The Board directed the Clerk to contact the Game & Fresh Water Fish Commission for their recommendation and report back to the Board.

COMMUNICATIONS/POLLUTION CONTROL

Commr. Burhans stated he had received a letter from Mr.

Heppberger regarding the destruction of about 20 cypress trees on Lakeshore Drive (Eustis-Tavares).

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board authorized the County Attorney to determine if the land is state land and determine if a course of action could be taken.

Commr. Carson voted "NO".

Commr. Smoak was not present for the vote.

RECESS & REASSEMBLY

At 11:OO A.M. the Chairman announced the Board would adjourn for lunch at the Golden Corral in Eustis with the public and press invited on a dutch-treat basis.

The Board reconvened at 2:00 P.M. for Rezoning.

REZONING

PUBLIC HEARING CUP #722-5 CUP in A Stone Lake Trust

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 Commission and approved for a CUP in A (Agricultural) for overnight camping facilities.

PUBLIC HEARING #114-80-4 A to R-1-7 James T. Walker

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

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

PUBLIC HEARING #127-80-5 A to RR Harvey H. Kemp

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 Commission and postponed this case until January 14, 1981 at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING #136-80-3 R-l-7 to RP Robert Nacke

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

On a motion by commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request for rezoning.

PUBLIC HEARING #140-80-3 R-l-7 to LM or RP Zella Moore

Mr. Harlow Middleton, representing the petitioner, was present to answer any questions the Board might have.

Mr. Martin, area resident, appeared before the Board to state he felt the Planning Commission's recommendation for denial be upheld.

Ms. Zella Moore, petitioner, also was present to answer any questions the Board might have.

Mr. Elmer Ballew and Mrs. Julia Schaal also appeared before the Board in favor of the recommendation for denial.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried the Board upheld the recommendation of the Planning Commission and denied the request for rezoning.

Commr. Smoak voted "NO".

PUBLIC HEARING CUP #745-3 CUP for mobile homes as caretaker's residence Zella Moore

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 Commission and denied a CUP for mobile homes as caretaker's residence.

PUBLIC HEARING #139-80-3 R-l-7 to RP Zella Moore

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 Commission and denied the request for rezoning.

PUBLIC HEARING #134-80-4 RR to R-1-15 John E. Atkinson

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning to R-1-15 (Residential Estates).

PUBLIC HEARING #138-80-4 LM to A Knox Glass, Jr.

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

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

PUBLIC HEARING CUP #739-4 CUP in R-1-5 Clara E. Tenbrook

Mrs. Clara E. Tenbrook, petitioner, appeared before the Board to request the Board increase the number of children she had requested to match the requirements by the Department of Health, Education & Welfare. Chris Ford, County Attorney, advised Mrs. Tenbrook she would have to obtain permission from the Planning Commission to increase the number of children permitted on her CUP.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved for a CUP in R-l-5 (Mobile or Mixed Residential) for a child care center.

PUBLIC HEARING CUP #742-4 CUP in A John A. MacDonald

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 Commission and approved for a CUP in A (Agricultural) for real estate office as a home occupation.

PUBLIC HEARING #132-80-5 A to R-l-7 H. D. McKinney

Mr. McKinney, petitioner, was present to answer any questions the Board might have. Mr. M. A. Galbreath appeared before the Board to state he had sold Mr. McKinney the property.

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

PUBLIC HEARING CUP #743-l CUP in RR Donald J. McKeeby, Jr.

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 Commission and approved for a CUP in RR (Rural Residential) for a boat cleaning business.

PUBLIC HEARING #135-80-l RR to R-1-7 Steven J. Richey

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 Commission and approved the rezoning from RR (Rural Residential) to R-l-7 (Urban Residential).

PUBLIC HEARING CUP #715-l CUP for PUD in R-l-7 Steven J. Richey

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 Commission and approved for a CUP for PUD in R-l-7 (Urban Residential).

PUBLIC HEARING #131-80-l RR to R-1-7 Frank Pilger

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 Commission and approved the rezoning to R-l-7 (Urban Residential).

PUBLIC HEARING #129-80-l A to RR Mamie Dixon

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 t h e recommendation of the Planning Commission and denied the rezoning.

PUBLIC HEARING CUP #741-2 CUP in M-l Paquette Paving Co., Inc.

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 Commission and approved for a CUP in M-l (Heavy Industrial) for placement of mobile home for security.

PUBLIC HEARING #130-80-2 RP to R-1-5 G. A. Cochran, Sr.

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 Commission and approved rezoning to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #142-80-2 RP to M-l Carlisle Rogers

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 Commission and approved the rezoning to M-l (Heavy Industrial).

PUBLIC HEARING #143-80-2 RP to M-l Sun 1st National Bank

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

Commr. Burhans made the motion to uphold the recommendation of the Planning Commission and approve rezoning to M-l (Heavy Industrial). The motion failed for the lack of a second.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board postponed this rezoning case until January 14, 1981 at 2:00 P.M. or soon thereafter as possible.

Commrs. Deems and Carson abstained from voting due to their affiliation with Sun 1st National Bank.

On a motion by Commr. Smoak, seconded by Commr. Burhans and

carried, the Board rescinded the action taken to postponed this

rezoning case until January 14, 1981.

Commrs. Deems and Carson abstained from voting due to their

affiliation with Sun 1st National Bank.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning to M-l (Heavy Industrial).

Commrs. Deems and Carson abstained from voting due to their affiliation with Sun 1st National Bank.

PUBLIC HEARING #133-80-2 R-l-7 to C-l or CP Edward J. Shehan

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning Commission and approved the rezoning to CP (Planned Commercial).

Commr. Burhans was not present for the vote.

PUBLIC HEARING CUP #308-2 Revocation of CUP P & Z Commission (Staff)

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to extend the CUP for 18 months.

PUBLIC HEARING #144-80-2 LM and R-l-7 to MP Ben Frazier

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 Commission and approved the rezoning to MP (Planned Industrial) for mini-warehouses on Lot 12 and denied the rezoning for Lot 25.

PUBLIC HEARING #120-80-2 A to R-1-15 R. Ernest Davis

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 Commission and approved the rezoning to R-1-15 (Residential Estates).

PUBLIC HEARING #137-80-3 A to RM Bernice H. Lee

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to RM (Mobile Home Residential).

PUBLIC HEARING CUP #744-3 CUP for PUD in R-1-15 and CP

Roger W. Connor, Jr.

Mr. Sam Hardin, Yalaha, appeared before the Board objecting

to the recommendation of the Planning Commission for approval.

Mr. Joe Knight, representing Mr. Connor, was present to answer any questions the Board might have. Mr. Connor, petitioner, also appeared before the Board to answer any questions the Board might have. Mr. Ted Wicks, Acting Pollution Control Director, addressed the Board regarding the water quality of the property.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved for a CUP for PUD in R-1-15 (Residential Estates) and CP (Planned Commercial) with the Board of County Commissioners being kept fully informed of the negoiations between the Planning & Zoning Department and Pollution Control Board and each major stage of development be copied for the Board prior to the submission of final plat approval.

PUBLIC HEARING #141-80-l Site Plan Review in CP "84" Lumber Company

Mr. Terry Carney, adjoining property, appeared before the Board to state he was not opposed to the rezoning. He stated he would like to see his property protected by a privacy fence and proper landscaping.

Mr. Bob Newman, agent for "84" Lumber Company, was present to answer any questions the Board might have. He stated the trees outside the fence would be left as they were. The only trees to be cut down would be around the retention pond.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Site Plan Review in CP (Planned Commercial) with the following conditions:

1 . A minimum 8 foot wooden fence set back a minimum 20 feet inside the property line be installed.



2 . Additional greenscape and all remaining trees in the 20 foot buffer zone be left as existing.



3 . A specific greenscape plan be presented for the retention pond area.



4 . Retention pond be maintained in proper horticultural manner.





Chris Ford, County Attorney, informed the Board Norma Showley, Purchasing Agent, was obtaining quotes for the completion of the lighting in the Jail. Mr. Ford recommended the Board refer the project to the Chairman, with the Chairman authorized to approve the $8.00/hour for the employee or by contract to complete the lighting.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman and the Clerk to proceed with the work on the lighting of the jail by hiring a person for $8.00/hour or by contract.

SHERIFF

Chris Ford, County Attorney, informed the Board, the airplane confiscated by the Sheriff's Department, which is located on Mr. Valentine's property had been sold to Mr. Valentine, who was high bidder, for $100.00. He further stated it had been properly advertised. The Board directed Chris Ford, County Attorney, to contact Mr. Huebsch, Sheriff's Attorney, to obtain more information regarding the sale of the airplane.

COMMUNICATIONS

Chris Ford, County Attorney, informed the Board the Tower Chemical Company had been sold. He stated DER has requested the Board join the law suit against Tower Chemical Company. The Board directed Chris Ford, County Attorney to review the request and bring back to the Board.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:35 P.M.

C. A. "Lex" Deems, Chairman

James C. Watkins, Clerk

mcg 12-12-80