A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 9, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, April 9, 1985, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: James R. Carson, Jr.: C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: and Toni M. Austin, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of April 2, 1985, as amended and corrected.

COUNTY PROPERTY/MUNICIPALITIES

Mr. Watkins discussed with the Board a letter received from the City of Leesburg regarding an invitation to participate in the City's 8th annual combined public auction for the sale of surplus vehicles and equipment Saturday, May 18, 1985, at 9:00 a.m., to be held at the Municipal Operations Center. Mr. Watkins recommended that Mr. Don Peroddy consult with Mr. Willett regarding the coordination of participation in the auction.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to participate in the public auction with the City of Leesburg upon the recommendations made by Mr. Watkins.

COMMUNICATIONS

Commr. Windram informed the Board that Ms. Peg Beatty had telephoned to remind the Clerk and the Commissioners of a Spring Luncheon to be held at Squires III April 20, 1985, with Mayor Martinez, Tampa, as speaker.

BONDS - CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following contractor bonds:

New

#1021-85 R. E. Kinsey

#4253-85 Richard V. Fromal (Residential)

REPORTS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the following:

1. Distribution of Revenue, Traffic/Criminal Cases for the

week ending March 29, 1985, in the amount of $20,224.85.



2. Financial Statements of the Paisley Fire District as of

and for the years ended September 30, 1984 and 1983.

3. Financial Statements of the South Lake Fire District for the year ended September 30, 1984.



BONDS/FIRE DISTRICTS-FIRE DEPARTMENTS

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

carried unanimously, the Board accepted the following Public Official Bonds of the Mt. Plymouth Fire District:

Katherine A. McDonald Ralph S. Cerney

James E. Ellis Joan I. Irwin

ASSESSMENTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and authorized proper signatures on the Satisfaction of Assessment Lien for Dalton F. Yancey, Thomas Holdings Subdivision, in the amount of $2,030.00.

AGRICULTURE CENTER

Mr. Terry Courneya, Agricultural Extension Agent, appeared before the Board and introduced Kathy Neal, Extension Agent working with Commercial Horticulture. Mr. Courneya stated that the facilities at the Agriculture Center are excellent and the staff is well trained and professional. He discussed the need by the public for good and reliable information and recognized land use as a primary concern. Mr. Courneya discussed the citrus industry and stated that he felt that 80% of the land in citrus in 1980 will be in citrus again in 1990. He further discussed urbanization and housing in Lake County.

COUNTY ADMINISTRATOR'S AGENDA

BIDS/LANDFILLS/PUBLIC WORKS/ACCOUNTS ALLOWED

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

carried unanimously, the Board approved the request to submit a bid to the City of Winter Haven in the amount of $15,000.00 for one E-Z Pack Refuse Transfer Station and directed Michael Willett, County Administrator, to request that the commercial haulers and cities compact before delivery, and a County check be issued in the amount of 10% of the bid.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to award bid #019-765-085, landfill compactor to Rozier Machinery in the amount of $178,023.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board awarded Project No. 8-85 Radio Road #l-5433 Design Build Construction to Hewitt Contracting Company in the amount of $294,817.13.

DEEDS/ROADS - COUNTY AND STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the following right-of- way deeds:

Jack N. & Rosemary P. Purdum - Radio Road #l-5433

Samuel & Cora E. Doerksen and Alva Ray & Georgianna Witt -Welsh Trail

Alva R. & Georgianna Witt - Welsh Trail

Richard E. & Doris M. Myslik - Welsh Trail

Hollis & Wane11 NeeSmith - Palamino Trail

Frank J. & Kay L. Williams - Palamino Trail

John & Barbara Lovelady - Palamino Trail

Wilfred & Wilma J. Burdick - Palamino Trail

Dale W. & Mary Kathryn Dooley - Palamino Trail

Martin J. E, Nancy A. Levesque - Palamino Trail

Leo T. Truxall - Palamino Trail

Donald R. Brumfield - Palamino Trail

ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for one-time maintenance from Mrs. Charles Williams - Martin Drive - $50.00.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request for Richard Roof, Lab Supervisor, to attend the Florida Society of Environmental Analysts, in Gainesville, Florida, on April 26, 1985, at an anticipated cost of $25.00 for the registration fee.

Commr . Smoak was not present for the vote.

ACCOUNTS ALLOWED/PERSONNEL DEPARTMENTS/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for Glenn W. Timmons, Personnel Manager, to attend a one-day seminar on Compensation Management on April 23, 1985, at the University of Central Florida, in the amount of $175.00.

Included in the motion was approval for Roland Lewis, Public Works, to attend a Spring Seminar and Meeting April 18 and 19,1985, in Tampa, with the Governmental Refuse Collection and Disposal Association, for an approximate cost of $80

ACCOUNTS ALLOWED/ANIMAL SHELTER

On a motion by Commr. Deans, seconded by Commr. Carson and carried unanimously, the Board approved the request to replace the drainfield at the Animal Shelter at an estimated cost of $l,OOO.OO.

COMMUNICATIONS/MUNICIPALITIES/ROAD PROJECTS

Mr. Michael C. Willett, County Administrator, discussed with the Board a letter received from Johanna K. Perrigo, Mayor of the Town of Lady Lake, regarding the intersection of Lemon Street and Lake Griffin Road in Lady Lake. Mr. Willett responded to her letter by stating that all of the work could probably be funded by impact fees, and there is new development in Lady Lake. He stated that the stop signs were removed at the request of the Town of Lady Lake and recanmended that the Board stand on the orginal agreement that was approved at the last meeting.

Commr . Burhans recanmended that Mr. Willett send a letter to the newly elected officials in the Town of Lady Lake stating his remarks as above and reaffirm the recommendation that was approved, and to make sure of the County's position regarding the safety aspect.

FIRE DISTRICTS-FIRE DEPARTMENTS/RESOLUTIONS

Mr. Michael C. Willett, County Administrator, informed the Board that he had met with Emogene Stegall, Supervisor of Elections, who stated that the earliest date for a special election in Astor Precinct #l for the Fire Referendum would be May 21, 1985, at an estimated cost of $350 - $500.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized proper signatures on the Resolution for a special referendum election to be held on Tuesday, May 21, 1985, precinct #1 (Astor) for fire protection.

EMERGENCY SERVICES

Mr. Michael C. Willett, County Administrator, informed the Board that the Department of Emergency Management is sponsoring a 1985 Hurricane Workshop at the Cooperative Extension Service Auditorium April 25, 1985.

PUBLIC HEALTH/APPOINTMENTS - RESIGNATIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the appointment of Bette R. McCall, Administrator of the Leesburg Nursing Center, to the North Central Florida Planning Council, as recommended by Commr. Burhans.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the appointment of Phyllis Kimes to the Tourist Development Council to replace Mr. Ed Sawyer, upon the recommendation of Commr. Burhans.

JAILS/RESOLUTIONS/LAWS AND LEGISLATION

Commr. Burhans informed the Board of a letter received from Chris Ford, County Attorney, suggesting the Board send telegrams to their legislative delegation and any other legislators they know supporting House Bill 488, which provides for the extension of the one cent sales tax for one year for purposes of jails, corrections and court expenditures.

Commr. Smoak made a motion which was seconded by Commr. Deems to approve to communicate through the County Administrator, a letter outlining the problems that we face in this county and supporting the optional fee extension for the option of a one cent sales tax approved by referendum for the capital construction and costs of jail facilities.

At this time Commr. Smoak amended his motion, upon the recommendations made hy Commr. Windram to read for a two year period of a tax levy as opposed to the current legislation creating one year.

The Board voted on the motion which was carried unanimously.

Commr. Carson informed the Board that the State Association of County Commissioners has taken the position for the extension and will work toward the best possible extension for the County. Mr. Ford suggested that the letter be sent to the legislative delegation and members of various canmittees with the signature of the Chairman.

LAWS AND LEGISLATION

Mr. Chris Ford, County Attorney, presented the Board with a copy of the "Blue Law" for their review, but stated that this particular law has to do with requiring elements relating to groundwater recharge in the local comprehensive plan. He stated that he understood the Board wanted the amendments to the agricultural assessment law. He stated that he, Representative Everett Kelly, and Senator Langley were researching to find the law that the Board was interested in reviewing.

COUNTY POLICIES/PURCHASING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the following amendments on Page four (4) of the Lake County Purchasing Policy Manual, as suggested by the auditors and recommended by Mr. Watkins:

"G . Non-purchase items will not require a requisition or purchase order.



1. Telephone and utility bills.

2. Travel reimbursements.

3. Attorney and consultant fees (under signed contracts).

4. Insurance premiums.

5. Legal advertising.

6.Petty cash reimbursements.

7.Court orders.

8.Welfare orders.

9.Se ction 8 rentals.

10.Payrolls and SPTA fringe payments.

11.Auditing and appraisal fees.

12.Worker's canpensation reimbursements.

13.Ad-valorem and gasoline tax payments to cities.

14.Other agency transfer payments.

15.Veterinary bills.

16.Postage.

17.Medical examiner.

18.Dues and memberships."

AUDITS/FINANCE/REPORTS

Mr. Duke Landorf, May, Zima & Company, appeared before the Board to discuss the Lake County Comprehensive Annual Financial Report of September 30, 1984.

Commr. Smoak ccmmended Mr. Barry Nies, Jr., Chief Deputy Clerk, on his outstanding creations of the front covers of the annual reports.

The report consisted of three parts as follows:

1. Introductory Section, including the Finance Director's

letter of transmittal:

2. Financial Section, including the financial statements and supplemental data of the government accanpanied by the county's independent auditors' report; and



3. Statistical Section, including a number of tables of unaudited data depicting the financial history of the government for the past 10 years, information on over- lapping governments, and demographic and other

miscellaneous information.

Mr. Landorf discussed the Combined Balance Sheet for All Fund Types and Account Groups.

Discussion occurred regarding the Comparative Balance Sheet and the Statement of Revenues, Expenses, and Changes in Retained Earnings for the Landfill Fund. Mr. Landorf stated that the closing expenses of landfills has not presently been reflected in the financial statements.

Mr. Robert Wilson, Finance Director, stated that in the current budget, approximately $600,000 will be transferred from the General Fund Balance of September, 1984, and next year's financial statements will show reservations for closures of land- ills.

Mr. Landorf stated that the overall operations of the finances in Lake County are accurate and reliable, and that the report was submitted to the Government Finance Officers Association with the belief that Lake County will be awarded a Certificate of Conformance.

At this time Mr. Landorf answered any questions that the Board might have pertaining to the Comprehensive Annual Financial Report.

Mr. Watkins and the Board extended their appreciation to Mr. Wilson and all of the County staff involved with the report, and requested that Mr. Wilson extend to his staff their appreciation.

COMMUNICATIONS/MUNICIPALITIES

Commr . Burhans informed the Board of a letter received from the Tavares Chamber of Commerce regarding the 4th of July Celebration.

On a motion by Commr. Smoak, seconded by Ccmmr. Deems and carried unanimously, the Board endorsed the request from the Tavares Chamber of Commerce in seeking the assistance of the Navy Band in Orlando and the Air Force Recruiting Office to participate in their 4th of July Celebration.

RECESS & REASSEMBLY

At 10:25 a.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m. for rezoning.

ZONING

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the postponement of the following cases, as recommended by the Planning and Zoning Commission, until May 14, 1985, at 2:00 p.m., or as soon thereafter as possible:

Stanley Sowinski #2 4-8 5-3 RMRP to CP

Henry Wayne Tucker #3 3-8 5-5 Amend CP

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved for the sequence of rezoning cases be amended as presented in the pamphlet, and that case #36-85-3, Vera B. Morse, et al, be heard at the same time in conjunction with CUP #957-3, R. F. Raidle & Louis Feil, with the record reflecting the intent of the motion to hear them together is because one is contingent upon the other in terms of access.

Public Hearing CUP #957-3 CUP in A R. F. Raidle & Louis Feil

Mr. Chuck Meyer, General Manager of C. A. Meyer Paving and Construction Company, appeared before the Board to discuss the rezoning request. At this time he explained the extraction process that will be used for the sand and clay.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend under A. Extraction Facilities 2) Setbacks: There shall be a one hundred (100) foot setback from the South and East property line. The setback shall be utilized as a planted and maintained vegetative buffer, pine or other similar type vegetative growth, and that the restoration process be the removal of those buffers as the final stage of restoration of the property.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning for a CUP (Conditional Use Permit) in A (Agriculture) for sand and clay extraction, as amended.

Mrs. H. L. Feil addressed the Board with concerns for the traffic on Highway 50.

Mr. Lee Feil addressed the Board with questions regarding the hours of operation and the traffic.

Public Hearing #36-85-3 M-l to MP Vera B. Morse, et al

NO one present wished to discuss this request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from M-l (Heavy Industrial) to MP (Planned Industrial) for materials, aggregate storage, asphalt plant, and road base processing plant. Lisa Banning, Clermont, appeared before the Board and extended her appreciation to the Board of County Commissioners for their assistance in understanding the request for rezoning and their time and consideration regarding the same.

Public Hearing CUP #962-4 CUP in A Maypreno, Inc.

Mr. Jerry Sexton, Director of Development, discussed the provisions in the CUP that were instituted to eliminate problems with the neighboring property owners.

Mr. Dennis Horton, representing Maypreno, Inc., appeared before the Board to discuss the rezoning request. He stated that Maypreno, Inc. has agreed to lowering the acreage to 61 acres and placing pine trees or other similar type of vegetative buffer.

Discussion occurred regarding the publication of the legal description submitted by Mr. Horton. At this time it was determined that the legal did not include the south half of the property, but Mr. Horton requested that the publication be approved as advertised, because the petitioner has no plans to excavate any portion not advertised.

Mr. Chris Ford, County Attorney, stated that the Board could approve what has been advertised, or authorize readvertisement.

Mrs. Jackie Conn, adjoining property owner, addressed the Board in favor of the denial. She discussed the excavation level and recommended 100 foot setbacks. She further discussed the effects of the operation on the groundwater table, the height limitation of fill dirt, the paving of the ingress and egress, and recommended a 100 foot buffer.

Mr. Dan Saffen, Eustis, addressed the Board in favor of the

denial and stated that his concerns consisted of the danger of

polluting well waters and the traffic situation.

An individual in the audience addressed the Board stating his concern for the beautification of the property.

Ms. Mary Salmon, nearby property owner, appeared before the Board and stated that she has had studies done on her water and soil. At this time she discussed the result of the studies that showed ethylene chloral hydrate found in both. She inquired as the to effect it might have on adjacent property and livestock.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board overturned the recanmendation of the Planning and Zoning Commission and approved as amended the request for a CUP (Conditional Use Permit) in A (Agriculture) for a sand and clay mine.

Public Hearing CUP #750A-5 Amend CUP in #750-5 in R-l-7 Bassville Fire District

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the reccmmendation of the Planning and Zoning Commission and approved the rezoning to amend CUP (Conditional Use Permit) #750-5 in R-l-7 (Urban Residential) to include a fire training facility.

Public Hearing #23-85-5 C-2 & A to C-2 Richard L. Davis

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the reccmmendation of the Planning and Zoning Commission and approved the rezoning from C-2 (Community Commercial) & A (Agriculture) to C-2 (Community Commercial).

Public Hearing #32-85-5 R-l-7 to R-1-5 Michael L. McDuffie

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

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

Public Hearing #34-85-4 A to RR Carl Ludecke

Mr. Carl Ludecke was present to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to AR (Agricultural Residential).

Public Hearing #28-85-4 RR to R-1-15 Russell Bryan

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to R-l-15 (Residential Estates).

Public Hearing #31-85-4 R-1-7 & C-l to CP Rae C. Jackson

Powers

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

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

R-l-7 (Urban Residential) & C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for a car sales office and living quarters for a night watchman.

Public Hearing CUP #963-4 CUP in A Panacea Timber Co.

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP (Conditional Use Permit) in A (Agriculture) for a Florida Power Operations Center.

Public Hearing #38-85-4 A to MP Panacea Timber Co.

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to MP (Planned Industrial) for a Florida Power Operations Center.

Public Hearing #29-85-4 R-1-7 to CP or C-2 Avaline L.

Cannon

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from R- 1-7 (Urban Residential) to CP (Planned Commercial) for a home building center.

Public Hearing #27-85-5 R-1-7 to A Don Schnidt, Jr. & Susan Korem

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

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

carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from R- 1-7 (Urban Residential) to A (Agriculture).

Public Hearing #25- 85-2 Amend CP W. Emory Shelfer

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved to amend CP (Planned Commercial) to include a mobile home for a caretaker's residence.

Public Hearing #35-85-2 A to RP Peggy Colley

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to R-l-6 (Residential).

Public Hearing #30-85-2 R-1-7 to A Ronald D. Farley

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the reccmmendation of the Planning and Zoning Commission and approved the rezoning from R- 1-7 (Urban Residential) to A (Agriculture).

Public Hearing #26-85-3 A to RR William K. Stosberg, et al

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to RR (Rural Residential).

Public Hearing CUP #360D-3 Amend CUP #36OC-3 in A Florida Rock Industries, Inc.

Mr. Joseph Posin, Lake Asphalt, and Mr. Don Darling, representing Florida Rock Industries, Inc., were present to discuss this request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the reccmmendation of the Planning and Zoning Commission and approved the rezoning to amend CUP (Conditional Use Permit) #36OC-3 in A (Agriculture) to include an asphalt plant.

ACCOUNTS ALLOWED/COURTS-JUDGES/STATE AGENCIES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the payroll deduction of $730.00 per month from Alan Hamlin, Court Reporter, to be directed to the Internal Revenue Service, in the amount of $192,000 plus any interest or penalties provided by law.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:40 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

TMA/4-12-85

4/9/85