A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 9, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, August 9, 1983, at 9:00 a.m., in the Board of County Commissioners's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.
Commr. Carson gave the invocation and the Pledge of Allegiance was led by Commr. Deems.
CONTRACTS, LEASES AND AGREEMENTS/COURTHOUSE/TAX COLLECTOR/
MUNICIPALITIES
Commr. Smoak informed the Board of the available office spaces in the building now housing T. Keith Hall's Office and the Sheriff's Department in the City of Clermont. He further informed the Board of a request from Lake-Sumter Community College to continue using the Library Building on a part-time basis.
Discussion occurred regarding the renewal of T. Keith Hall's present lease at Sunnyside Plaza. Commr. Smoak felt that the lease had been renewed without a termination clause in it and had bound the county to two years without providing the funds in advance. Commr. Smoak felt the County had not followed State Statute.
Chris Ford, County Attorney, stated T. Keith Hall informed Sandy Minkoff, Attorney, that he wanted his lease renewed after he was contacted by the County Attorney's office.
Commr. Smoak felt that the County's policy for renewing leases should be reviewed.
Discussion occurred regarding centralizing services for the public. However , if this is done, there would be an additional budgetary consideration of several thousand dollars. It was the Board's feeling that it would be beneficial to spend more money and have the project be effective.
Commr . Smoak requested authorization to proceed with discussion with the City of Clermont and to conclude a binding one-year agreement with Mr. Meadows, if in fact space is available adjacent to the space the County already has rented.
No action was taken at this time.
The Board requested Commr. Smoak to provide them with a fiscal report concerning the project in South Lake County at the next meeting, August 16, 1983.
MUNICIPALITIES/ZONING
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request by the City of Eustis on rezoning property owned by the City of Eustis from Agriculture to the City of Eustis' zoning classification of R-l (20,000 square feet residential lots with 2,100 square feet homes). The property was annexed October 25, 1982.
Commr. Smoak was not present for the vote.
ACCOUNTS ALLOWED/BUILDING DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request for Tommy Brennand, Building Official, to attend Management and Municipal Law courses sponsored by the Southern Building Code Congress International and the University of Georgia, September 12, 1983, through September 16, 1983, at the University of Georgia at an estimated cost of $470 for the Code Institute fee.
Commr. Smoak was not present for the vote.
BONDS-MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Terry L. Bennett - South Lake County Area - District #3 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 stipulation that the mobile home will be removed upon completion of the conventional dwelling or upon request of the Board of County Commissioners.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request from Coy Stevens, Shockley Heights, to live in a travel trailer on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the stipulation that the travel trailer will be removed upon completion of the conventional dwelling or upon request of the Board of County Commissioners. It was noted at this time that Mr. Stevens' mobile home had burned down.
ACCOUNTS ALLOWED/FAIRGROUNDS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase two 60" industrial exhaust fans for the Expo Building at the Fairgrounds, at an estimated cost of $4,138.
ACCOUNTS ALLOWED/COUNTY PROPERTY/CONTRACTS, LEASES AND
AGREEMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved a Contract for Sale and Purchase between Lake County and James L. Donaldson, Virginia, for ten acres of land located next to the Lady Lake Landfill in the amount of $13,500.
ACCOUNTS ALLOWED/AGRICULTURE CENTER
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request from Earl M. Kelly, Director of the Agricultural Center, to purchase a tractor/ mower in the amount of $5,596 from Shelfer Ford Tractor Co., Inc. and approved the necessary transfer of funds.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Noel E. Griffin, Sheriff, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $655, as presented to the Board in his August 2, 1983, memorandum.
CETA
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Jim Flowers, CETA Director, for two CETA Administrative staff to attend the Job Training Partnership Readiness Conference in Atlanta.on August 10-12, 1983. All costs will be paid with CETA Administrative funds.
MUNICIPALITIES/ZONING
Commr. Windram informed the Board of a request from the City of Leesburg to change the zoning on property recently annexed off Thomas Road. The Board referred the request to Mike Willett, Director of Development and Public Works, and Jerry Sexton, Planning and Zoning Coordinator.
BONDS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Contractor Bonds as follows:
New
#3047-83 Elizabeth Stiltner (Drywall Installation)
#4041-83 Max L. Key (Electrical)
#4042-83 George W. Lankford (Plumbing)
LICENSES AND PERMITS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following gun permits and bonds:
New
Willodean Shrout
Renewal
Kelly Wallace
Robert W. Graves
Additions & Deletions
Edward E. Smith, Jr.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the weeks ending July 22, 1983, ($11,387.92) and July 29, 1983, ($9,287.83).
CHECKS RECEIVED/COURTS - JUDGES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the check from the State of Florida in the amount of $11,628 for Conflict Case Invoice #4, Fifth Judicial Public Defender's Office.
BONDS/FIRE DISTRICTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the cancellation of the bond for Richard R. Reynolds, former Fire Commissioner for the South Lake Fire District.
Included in the motion the Board approved the bonds for James R. Baysinger, Fire Commissioner for the South Lake Fire District; Beverly Armstrong, John F. Holmes, Gayle Mastak, Jimmy Sewell and Ella Conner, Fire Commissioners for the Paisley Fire District.
ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the following Satisfaction of Assessment Liens:
Lake View Heights 2nd Addition
C. Palmer Neff, Sr. $537.00
C. Palmer Neff, Sr. 537.00
River-wood Unit
Dwayne R. Carlson $544.03 James M. Martin $221.73
George N. Vance 548.49 Lynn Walker 282.89
Charles R. Stewart 320.54 George L. Ossander 203.72
William T. Vincent 320.54 George L. Ossander 226.80
Elmer W. Bolinger 170.10 Russell A. Lewis 184.89
Emil V. Jablonski 170.10 Betty Jane Corlette 170.10
Lloyd J. Kiernan 170.10 Joanas M. Sackerson 146.43
Lloyd J. Kiernan 186.93 Robert Lanum 151.20
Lloyd J. Kiernan 160.32 Robert L. Bowen 73.71
Lloyd J. Kiernan 73.71 Robert L. Bowen 189.00
Wilma B. Schoenbaum 164.43 Robert L. Bowen 412.41
Walter J. Bryde 182.49
ASSESSMENTS/ROAD PROJECTS/BIDS
The Chairman announced the advertised time had arrived for Special Assessment #ll for Forest Lake Subdivision, Cumbermoore Lane and Horseshoe Drive.
Gayle Todd addressed the Board in opposition of the special assessment. Mrs. Todd stated she did not oppose the paving of the road, but felt that the road was of no value to her and her family. She further stated that her assessment would be more than the owners who utilized the road more frequently.
Mr. George Measel addressed the Board regarding his concern for the trees on Cumbermoore Lane. Mr. Mike Willett, Director of Development and Public Works, stated that no engineering plans have been made at this time. Mr. Measel further stated he felt that the assessment was reasonable.
Mr. Alfred Meinhold addressed the Board in opposition of the special assessment. Mr. Meinhold stated he did not feel that the assessment costs were fair.
Mrs. Georgia Moore also addressed the Board in opposition to the assessment costs, but spoke in favor of paving the road.
On a motion by Commr. Burhans, seconded by Commr. Deems and
carried unanimously, the Board approved Special Assessment #ll,
Forest Lake Subdivision as submitted.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board awarded the bid to Superior Asphalt Co., Inc. in the amount of $24,144.27.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board requested the Public Works Department to express their desire to leave the trees where possible.
ASSESSMENTS/ROAD PROJECTS/BIDS
The Chairman announced the advertised time had arrived for Special Assessment #12 for Sorrento Village, Leonard Way.
Mike Willett, Director of Development and Public Works, informed the Board that the engineers did not recommend the low bid be taken. Mr. Willett stated after reviewing the bids, because of quantities and some of the ideas Mr. Hewitt had were significantly better than Superior Asphalt, the department recommended awarding the contract to Hewitt Contractors.
Mr. Paul Andree addressed the Board regarding a pay-off situation occurring when the petition was circulated among the property owners. Mr. Andree further stated there was originally eight out of twenty owners who actually signed the petition. Be further stated after several of the owners were confronted with the option of assistance to pay their assessment, there became twelve signatures, enough to bring the petition before the Board.
Mr. Paul Andree also expressed his concern for a clay road. He stated he thought the county would not be constructing clay roads anymore. Mr. Andree stated his concerns for repairing a clay road as compared to a paved road. He felt that the county might be eliminating some problems and creating others by continuing to construct clay roads.
Birdie Lawson addressed the Board regarding the amount of assessment she would be having to pay over the seven years. Ms. Lawson further stated her concern that her property might be flooded. She further stated she did not remember reading the petition and that her daughter had signed her name on the petition. At this time Ms. Lawson asked to withdraw her name.
Discussion occurred regarding the Board allowing property owners to withdraw their names once the petition has been brought before them. Chris Ford, County Attorney, stated he had never known of an incident where anyone had withdrawn their name.
Commr. Smoak stated that it was his feelings that if the majority of the people felt that the clay road should not be built, they should be able to withdraw their petition. Commr. Smoak further stated he was in favor of no longer building clay roads.
Mr. Ernest Oglesby addressed the Board stressing the fact that he felt as though he, along with many other property owners, had been misinformed about the project and that he did not sign the petition.
Mrs. Mary Boyette addressed the Board stating she has always been in opposition of the petition. Mrs. Boyette further stated her main complaint to be the way the meetings had been conducted regarding the project. She stated if the property owner did not sign the petition, he was never notified of any other meetings regarding the project.
Mr. Richard Potter addressed the Board in support of the project. Mr. Potter stated he was in favor of repairing the road and that it would increase the value of his property.
Mr. Mark Hill, Attorney for Joe Morgan, addressed the Board in support of the project. Mr. Hill stated that he felt the petition was self-explanatory and that the county has gone to many expenses in support of the project. Mr. Hill urged the Board to approve the project.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved Special Assessment #12,.Leonard Way, as submitted.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board awarded the bid, as recommended by the Public Works Department, to Hewitt Contracting Co., Inc. in the amount of $47,111.25.
BONDS
Mr. Dewey Burnsed, in behalf of Holland & Knight, addressed the Board requesting approval of the proposed Inducement Resolution with the language that was agreed upon, at earlier meetings.
Chris Ford, County Attorney, read a letter from Inter- Continental Bank, Miami, Florida. Mr. Ford stated that the letter was only a letter of consideration, not commitment which the Board had asked to be submitted.
Mr. Charles Diveto, CPA, informed the Board of the requirements of a loan institution in order to receive a letter of commitment. At this time Mr. Diveto stated Hesco Sales, Inc. cannot get a letter of commitment because their items of assets are not in place.
Commr. Carson and Commr. Deems requested the secretary to file a Form 4 Conflict form in their behalf, because they serve on Boards at Sun Bank.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board went on record supporting the adoption of the Inducement Bond Resolution in favor of Hesco Sales, Inc. provided they present to the Board of County Commissioners, prior to the consideration of that resolution, a firm letter of commitment from a qualified financial lending institution for private placement of the bonds.
CONTRACTS, LEASES AND AGREEMENTS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized signature for Florida Cable Television Network, Inc., a county-wide cablevision franchise.
BONDS (Continued1
Mr. Tim Givens addressed the Board in behalf of the young community. Mr. Givens expressed his concern regarding the unemployed people and urged the Board to adopt the Inducement Bond Resolution without the letter of commitment so that Hesco Sales, Inc. could operate now and submit their letter within a time limit. St was Mr. Givens' feelings that the banks would not issue a letter of commitment unless the Board passed the Resolution first.
Mr. T. J. Givens also addressed the Board expressing the same concern regarding the unemployment in this area.
Commr. Smoak questioned the legality of a Resolution being adopted prior to receipt of a letter of commitment.
Mr. DiVeto addressed the Board regarding his feelings that the County should consider revising their policy of issuing Inducement Bond Resolutions only after a letter of commitment is received from a financial lending institution.
At this time the Board agreed to review their present policy and requested the County Attorney to present to them a pro and con evaluation of the current policy under which the Board is operating.
RECESS & REASSEMBLY
At 12:25 p.m. the Chairman announced that the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for Rezoning.
REZONING
PUBLIC HEARING #85-83-l RR to R-1-7 J. Walter Lineberger
No one present wished to discuss this rezoning 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 rezoning from RR (Rural Residential) to R-1-15 (Residential Estates) and A (Agriculture).
PUBLIC HEARING CUP #877-4 CUP in A John & Ramona Sanders
No one present wished to discuss this rezoning case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) for Home Occupation (typing service).
PUBLIC HEARING #97-83-4 R-l-7 to R-1-5 William E. Baldree
No one present wished to discuss this rezoning case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning from R-l-7 (Urban Residential District) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #lOO-83-4 A to R-l-7 Sam E. Murrell, Jr.
No one present wished to discuss this rezoning case with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to R-1-15 (Residential Estates).
PUBLIC HEARING #93-83-4 R-l-7 to RM Calvin L. Cook
Mr. George Clark, Sorrento, addressed the Board in favor of
the Planning Commission's recommendation of denial.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning R-l-7 (Urban Residential District) to RM (Mobile Home Residential).
PUBLIC HEARING #104-83-4 - C-l to CP Allan T. Stewart
No one present wished to discuss this rezoning case with the
Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial).
PUBLIC HEARING #876-5 CUP in A Linda D. Hatfield
No one present wished to discuss this rezoning case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) for home occupation (drafting).
PUBLIC HEARING CUP #879-5 CUP in A Eph Wiygul
No one present wished to discuss this rezoning 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 withdrawal of the CUP.
PUBLIC HEARING #102-83-l C-2 & A to C-l or C-2 Katie R.
Mills
Mr. Harold Carlander, City Commissioner of Lady Lake, was present to oppose the recommendation by the Planning Commission.
Mr. Carlander felt as though it was a poor area for commercial property.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-2 (Community Commercial) & A (Agriculture) to C-2 (Community Commercial).
Commr. Deems abstained from discussion and voting as he was an adjacent property owner.
PUBLIC HEARING CUP #878-l CUP in C-l or C-2 Katie R.
Mills
Mr. Albert Radel, Lady Lake, addressed the Board in opposition of the recommendation for a flea market.
Jerry Grief, Planning Coordinator, informed the Board that a letter had been received from Katie R. Mills requesting a 60 day postponement.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for
postponement until October 11, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #96-83-l A to LM W. E.
Golden Doreen Shaw, representing Mr. Golden, addressed the Board regarding this rezoning case. Ms. Shaw stated Mr. Golden wanted to open a cabinet shop, and that the individuals surrounding the property had no objection to the request.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from A (Agriculture).to LM (Light Manufacturing, Warehousing, Research, or Professional).
PUBLIC HEARING #101-83-l c-2 to CP Joe Swiderski
No one present wished to discuss this rezoning 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 the withdrawal of the rezoning request from C-2 (Community Commercial) to CP (Planned Commercial).
PUBLIC HEARING #92-83-l R-l-7 to CP Wayne 0. Haqeman
Mr. Wayne Haqeman, petitioner, addressed the Board regarding his rezoning case. Mr. Haqeman stated he did not realize that the traffic was a great consideration in the denial of his case.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial).
PUBLIC HEARING #94-83-l A to R-l-5 Alonza & Leola Brantley
and Walter & Elvira Shropshire
No one present wished to discuss this rezoning 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 denied the rezoning from A (Agriculture) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #103-83-4 RR to RP Jewel Marsh Wood
No one present wished to discuss this rezoning 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 rezoninq from RR (Rural Residential) to RP (Multiple Family Residential-Professional).
PUBLIC HEARING #98-83-2 C-l to CP Charles Anderson
Mr. Steven Richey, representing the petitioner, appeared before the Board to discuss the rezoning of this case.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from C-l (Rural or Tourist) to CP (Planned Commercial).
PUBLIC HEARING #875-3 CUP in A David W. Charles
Mr. David Charles, petitioner, addressed the Board regarding his case. Mr. Charles stated several inconsistencies regarding footage calculation, and discussed the terminology of "hog farm".
Marlene Howe, property owner, addressed the Board in opposition of the CUP. Ms. Howe stated her main concerns were odor, devaluation of property, flies and rats. Ms. Howe further stated her property is located 30 feet from Mr. Charles' property.
A. B. McKee, property owner, addressed the Board in opposition of the CUP. Mr. McKee stated he had noticed an increase of flies and was concerned about the odor. Mr. McKee further stated that he feared a contamination of his water supply and devaluation of his property.
Commr. Smoak made a motion to overturn the recommendation of the Planning Commission. The motion died for a lack of a second.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the CUP in A (Agriculture) for a hog farm.
PUBLIC HEARING #99-83-3 A to C-l George Sprinkle
No one present wished to discuss this rezoning 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 from A (Agriculture) to C-l (Rural or Tourist Commercial).
PUBLIC HEARING #707A-3 CUP in C-l George R. Sprinkle
No one present wished to discuss this rezoning 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 Commission and approved the CUP in C-l (Rural or Tourist Commercial) for Golf Course and addition to RV park.
PUBLIC HEARING #874-3 CUP in A Leo Green
No one present wished to discuss this rezoning 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 CUP in A (Agriculture) for land clearing and grove maintenance.
PUBLIC HEARING #95-83-2 A to RM Randall Crawford
No one present wished to discuss this rezoning case with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission to postpone this case for 90 days until NOV. 8, 1983, at 2:00 p.m. or as soon thereafter as possible and
re-advertise for MRR (Mobile Home Residential) zoning.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the minutes of August 2, 1983, as submitted.
FIRE DISTRICTS-FIRE DEPARTMENTS/RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Certificate of Public Convenience and Necessity for the Astor Area Volunteer Rescue Service.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:35 p.m.
Thomas J Windram, Chairman
James C. Watkins, Clerk
tma/8-12-83