A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL 14, 1981
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, April 14, 1981, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude Smoak; and C. A. "Lex" Deems. thers present were: Sandford Minkoff, County Attorney's Office; and Mary Grover.
The Invocation was given by Pat Willman and the Pledge of Allegiance was led by Commr. Deems.
PUBLIC WORKS/ROADS - COUNTY, STATE
Mr. Charles Vanderford, Shockley Hills, addressed the Board regarding the condition of the clay roads in Shockley Hills, Altoona. Commr . Burhans informed Mr. Vanderford the Board was working on a policy to bring more clay roads up to County standards.
Mr. Samuel Yankovich, resident, stated he felt the graders were ruining the roads instead of improving them.
PUBLIC WORKS
Mr. Mike Willett, Development & Public Works Director, stated a petition had been signed by residents of Lakeshore Drive in Springs Bath & Yacht Club, for a potential Lien Assessment for paving their road. He stated the residents had a contract with Macasphalt to pave the road for $5,835.00 and stated the Public Works Department had received $4,400.00 in commitments from the property owners. He further stated there also had been a commitment from some of the owners to pick up the difference.
Mr. Quinton Ballard, Yalaha, was present to discuss the paving of Lakeshore Drive.
Commr . Smoak moved to approve the request for Lien Assessment and authorization be given to make the improvements to the road provided that the necessary funding to pay for those improvements are in hand prior to beginning construction.
Mr. Minkoff, County Attorney's Office, stated if the funding was there, there would be no need for a Lien Assessment.
Commr . Smoak withdrew his motion.
Mr. Robert A. Murray, Mrs. Mary Geminiani, and Mr. Peter McCullum,.property owners, were also present to discuss the paving of the road.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the contract with Macasphalt Corporation to pave Lakeshore Drive in Springs Bath & Yacht Club, Unit 5 subject to the property owners having the $5.835.00 prior to the expiration of the contract.
BONDS - MOBILE HOME
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for David Allen, Leesburg Area (Shady Dell S/D), District #l, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Edgar R. Huckeba, Blackwater Creek Area, District #4, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.
PLANNING DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Two Lakes Branch Corporation - Lake Norris/Lake Tracy Area - District #4 - Case #81-5, for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Vinko Brodjanac - Mt. Dora Area - District #4 - Case #81-10, for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62.
SIGNS/PUBLIC WORKS/RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved, by Resolution, to post a 25 MPH speed limit sign on Forest Drive in Pine Lakes.
CLAY PITS/PUBLIC WORKS
Mr. Mike Willett, Development & Public Works Director, stated he had received a request from Mr. Charles Seligmann to purchase a clay pit owned by the County, located on SR 44 off C- 459. The Board referred the request to Mr. Willett for further research.
POLLUTION CONTROL/ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved for Roland Lewis, Pollution Control Department, to attend a seminar on "Troubleshooting Operation & Maintenance Problems at Municipal Wastewater Treatment Plants" in Athens, Georgia, April 19 thru 25, 1981, at an estimated cost of $500.00.
PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request from the City of Tavares to repaint the centerline on Main Street; City of Tavares to purchase the paint.
PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, signature authorization was given for the Chairman, the Clerk, and the County Attorney to sign the Roadway Easement Agreement between Florida Power Corp. and Lake County, granting Lake County a 66' easement across Florida Power's property for Shady Acres Road, Sec. 17, Twp. 19S, Rg. 25E, Lake County, Florida.
PUBLIC WORKS/COUNTY EMPLOYEES
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved one day of annual leave for Mike Willett, Development & Public Works Director, on April 17, 1981.
PLANNING DEPARTMENT/COUNTY EMPLOYEES
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board accepted the resignation of Mr. Howard Pollard, Planning & Zoning Coordinator and directed the Clerk to write a letter of appreciation to Mr. Pollard. The motion also appointed Mr. Jerry Sexton as Acting Planning & Zoning Coordinator.
PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved for the Public Works Department to classify all unmaintained roads in Lake County and develop a priority list.
PUBLIC WORKS/ACCOUNTS ALLOWED
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of two (2) traffic counters and two (2) distance measuring instruments at a total cost of $1,150.00.
COUNTY EMPLOYEES/MVI
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved merit increases for Wanda K. Blair, MVI Clerk, and Marion V. Webb, MVI Inspector, bringing their total annual salaries to $7,655.00 each.
COUNTY EMPLOYEES/MOSQUITO CONTROL
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved a merit increase for Mr. Eddie Ratliff, Mosquito Control, bringing his annual salary to $9,225.00.
BIDS/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to seal bid for a 1981 one ton pickup for the Sign Shop at the Minneola Barn.
CONTRACTS & LEASES & AGREEMENTS/NURSING HOME
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, signature authorization was given for the Chairman and the Clerk to sign the Agreement between Lake Memor Nursing Home and Durham Young Clinic through September 30, 1981
REPORTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously; the Board acknowledged receipt of the 1980- 81 Annual Implementation Plan (AIP) for District III Mental Health Board, Inc.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the March 23-31, 1981, Distribution of Revenue Traffic/Criminal Cases.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Monthly Status Report from Youth Programs, Inc. which covers the period from February 25, 1981 to March 26, 1981.
LAWS & LEGISLATION/RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney to draw up a Resolution in opposition of County Commissioners accepting the responsibility of regulating the rate structure of all water and sewer utilities and directed copies of the Resolution be sent to the Legislative Delegation.
COMMUNICATIONS
The Board referred the letter from Patricia Lenze requesting to lease the Messer house to the Building Committee.
APPOINTMENTS/FIRE DISTRICTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board appointed Mrs. Beverly Sue Armstrong, as Fire Commissioner on the Paisley Fire District.
LAWS & LEGISLATION/RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney to draw up a Resolution in support of the proposed House Bill 364 regarding Homestead Exemption and directed copies of the Resolution be sent to the Legislative Delegation.
COMMUNICATIONS/EMERGENCY SERVICES
The Board referred the letter from the Department of Community Affairs regarding the FY-81 State and local Emergency Management Assistance Program to Mr. Robert Wilson, Finance Department, to review and report back to the Board.
GRANTS - COMMUNITY DEVELOPMENT BLOCK
Commr . Burhans read a letter from the Department of Housing and Urban Development stating Lake County's performance regarding the Community Development Block Grant Program was satisfactory.
LAWS & LEGISLATION/RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board, upon the recommendation of Ted Wicks, Pollution Control Director, and authorized the County Attorney to draw up a Resolution in opposition of House Bill 273, which would be a further step in reducing the regulatory authority of local programs and would remove the electrical power plants from the jurisdiction of local pollution control authorities and directed copies of the Resolution be sent to the Legislative Delegation and the Clerk be requested to write a personal letter to the Committee Members in the House & Senate also requesting the support of our position.
COMMUNICATIONS
Mr. Earl Hadden, Leesburg, and Mr. David Tabor, Director, Lake County Council on Aging addressed the Board regarding a proposed multi-purpose Senior Center/Community Day Care Center.
Mr. Tabor stated the Council had located an old church building in Leesburg which needs to be renovated. He further stated the cost of the building and renovations would be approximately $278,572.00 not including the development of kitchen facilities at a later date. Mr. Tabor stated the Council was requesting the County fund $15,168.50 in cash and $15,168.50 in kind. He stated they were requesting the cash match at this time. Suggestions made regarding the in kind contribution were seal coating and striping the parking lot, landscaping, etc.
Commr . Smoak questioned if the Council had received community Participation to support the Center. Mr. Tabor stated due to the time factor, the Council had not obtain community participation but had begun involving several community groups, for example United Way Kresge Foundation and several Foundations located at Sun First National Bank in Leesburg.
Ms. Diane Haully, Fiscal Agent for Lake County Council on Aging; Mr. Johnson, Meals on Wheels: and Ms. Carol Gebhart were present to discuss the request with the Board.
Commr. Deems, seconded by Commr. Windram, moved to approve the request as outlined by the Lake County Council on Aging for $30,337.50 - $15,168.50 in cash and $15,168.50 in kind, not specifying the in kind, subject to the approval of the grant.
Commr . Smoak made a substitute motion, seconded by Commr. Windram that the County Commissioners underwrite and guarantee the amount of $lO,OOO.OO cash to apply towards the $15,168.50, which has been requested by the Lake County Council on Aging to complete their application program and the balance would be up to them to generate and to raise and get commitments for. The motion failed with a 2-2 vote with Commr. Burhans and Commr. Deems voting "No".
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the request of the Lake County Council on Aging for $15,168.50 in cash and $15,168.50 value of in kind services to be specified at a later date.
Commr . Smoak voted "No".
ELECTIONS/ACCOUNTS ALLOWED
Mr. Ed O'Day, Diamond International Corporation, presented an absentee ballot system. He stated the ballot counter was for absentee votes only. Mr. O'Day stated the warranty on the counter was for 90 days or the 1st election and one (1) year warranty on parts.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of the absentee ballot counter, one (1) booth and the training of two personnel at a cost not to exceed $6,000.00. It was noted Diamond International is the only manufacturer which offers this kind of machine which meets the criteria for Lake County.
RECESS & REASSEMBLY
At 12:30 P.M. the Chairman announced the Board would recess for lunch and each Commissioner would lunch individually today.
The Board reconvened at 2:00 P.M. for Rezoning.
REZONING
PUBLIC HEARING #17-81-4 A to CP Billy Martin
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from A (Agricultural) to CP (Planned Commercial) and Site Plan Review.
PUBLIC HEARING #23-81-4 A to AR Betty M. King
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the rezoning request be wthdrawn as requested in writing by the applicant.
PUBLIC HEARING #12-81-2 R-l-7 to R-l-5 Murphy Connelly
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #24-81-3 RM to CP John Babinec
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RM (Mobile Home Residential) to CP (Planned Commercial).
PUBLIC HEARING #44-81-3 AMEND CP Irene Showers
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved to amend CP (Planned Commercial) to include a mobile home as caretaker's residence
PUBLIC HEARING #39-81-3 LM and RR to CP Gerald E. Crampton
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and
carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from LM (Light Manufacturing, Warehousing, Research or Professional) and RR (Rural Residential) to CP (Planned Commercial).
PUBLIC HEARING #42-81-4 RR and A to R-1-10 Omer Schrock
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from A (Agricultural) and RR (Rural Residential) to R-1-10 (Medium Residential).
PUBLIC HEARING #46-81-4 A to RP Ruby V. Sapp
Mr. Harry Shaw, property owner, was present to object to the Planning & Zoning Commission's recommendation of approval.
Mrs. Ruby Sapp, petitioner, stated she wants to build a real estate office on the property.
Mr. Francis Mattusick, adjacent property owner, was present to object to the rezoning of the property.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from A (Agricultural) to RP (Multiple-Family Residential-Professional).
PUBLIC HEARING #34-81-4 CP and A to C-2 Mary & Harold Mahoney
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from CP (Planned Commercial) and A (Agricultural) to C-2 (Community Commercial).
PUBLIC HEARING CUP #760-4 CUP for Mobile Home Mary & Harold
Mahoney
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved a CUP for a mobile home as caretaker's residence.
PUBLIC HEARING #40-81-5 RR to A James & Dorothy Hall
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RR (Rural Residential) to A (Agricultural).
PUBLIC HEARING #41-81-5 RR to A James & Dorothy Hall
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RR (Rural Residential) to A (Agricultural).
PUBLIC HEARING CUP #761-5 CUP in A Donald E. Larsson
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved a CUP in A (Agricultural) for a riding academy.
PUBLIC HEARING #31-81-5 R-l-7 to RMRP Marybeth Pullum
Mrs. Marybeth Pullum, petitioner, was present to discuss this case with the Board.
Mr. Rick Walcher and Mr. Emerson Werts, surrounding property owners, were present requesting the Board uphold the Planning & Zoning Commission's recommendation for denial.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board denied the rezoning request.
PUBLIC HEARING CUP #758-l CUP in R-l-7 H. L. Pringle
Mr. Pringle, petitioner, was present to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved CUP in R-l-7 (Urban Residential) for a church
PUBLIC HEARING #45-81-l Change of use in CP Marcus & Bonnelle Donahue
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved a change of use in CP (Planned Commercial).
PUBLIC HEARING #30-81-8 A to C-2 or CP Betty Mae Fleck
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from A (Agricultural) to CP (Planned Commercial) for a Commercial Kennel.
PUBLIC HEARING #36-81-l RR to ER Barbara Hinebaugh
Mr. Furnas, property owner, was present to object to the Planning & Zoning Commission's recommendation for approval.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RR (Rural Residential) to ER (Estates Residential).
PUBLIC HEARING #37-81-l RR to ER Sam Jarvis & John Matsche
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram , seconded by Commr. Smoak and
carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RR (Rural Residential) to ER (Estates Residential).
PUBLIC HEARING #29-81-l RR to R-1-15 D. H. Yale
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).
PUBLIC HEARING #43-81-l RR to R-1-15 Clentis C. Davis
Mr. & Mrs. Clentis C. Davis, petitioners, were present to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning & Zoning Commission and denied the request.
Commr . Smoak voted "No".
PUBLIC HEARING #27-81-l RR to A Edwin T. Quale
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RR (Rural Residential) to A (Agricultural).
PUBLIC HEARING #32-81-l C-2 and RMRP to C-2 Bud Rice Enterprises
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from C-2 (Community Commercial) and RMRP (Mobile Home Rental Park Residential) to C-2 (Community Commercial).
PUBLIC HEARING CLASSIFICATION OF USES Ruth P. Wooten
Mr. B. M. Tucker, Leesburg, addressed the Board objecting to a Disabled American Veterans Meeting Hall. Mr. Dodson Manley, Leesburg, stated the road next to the proposed Meeting Hall was not designed to handle the type of traffic which would be generated by the Hall.
Mr. Roy Tallman, representing the petitioner, was present to discuss this case with the Board.
Mr. Roy Tucker, Jr. was also present to object to the Meeting Hall.
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board overturned the recommendation of the Planning & Zoning Commission and denied the rezoning.
Commr . Smoak voted "No".
PUBLIC HEARING CUP #759-2 CUP in R-l-7 Ruth P. Wooten
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning & Zoning Commission and denied the CUP in R-1-7
Commr . Smoak moved that the Planning Department recommend to the Planning & Zoning Commission of investigating the possibility of changing the zoning to M-l zone which would require contacting property owners, going through public hearings, etc. The motion failed due to a lack of a second.
PUBLIC HEARING #35-81-2 RP to MP J. E. Hill
Mrs. Fannie Young, property owner, was present to object to the entrance on Snowberger Avenue.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from RP (Multiple-Family Residential-Professional) to MP (Planned Industrial) with the stipulation that the one and only exit be on Griffin Road, the driveway to mini warehouses be paved, and the proper screening be placed on the property.
PUBLIC HEARING CUP #757-2 CUP in C-l Jeff Investments, Inc.
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and denied the rezoning without prejudice.
PUBLIC HEARING #26-81-2 A to C-2 or CP Getzen Beach
Mr. Getzen Beach, petitioner, was present to discuss this case with the Board.
Commr . Windram stated he had spoken with Mr. Alex McDonald who stated he approved the rezoning.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from A (Agricultural) to C-l (Rural or Tourist Commercial).
PUBLIC HEARING #28-81-3 EP to A Jorge & Victoria Quiroga
PUBLIC HEARING CUP #343B-3 AMEND CUP Jorge & Victoria Quiroga
No one present wished to discuss these cases with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the rezoning request be withdrawn as requested in writing by the applicants.
PUBLIC HEARING #33-81-3 A to R-l-5 G. H. Crowe
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and denied the request for rezoning.
PUBLIC HEARING #25-81-3 A to RR Thomas C. Lockhart
Mr. Lockhart, petitioner, was present to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved the rezoning from A (Agricultural) to RR (Rural Residential).
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:05 P.M.
Glenn C. Burhans, Chairman
James C. Watkins, Clerk
mcg 4-16-81