BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 10, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, March 10, 1987 at 9:OO a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; James R. Carson, Jr.: and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Assistant; and Linda Barnett, Secretary.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of March 3, 1987, as submitted.

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Contractor Bonds as follows:

New

0287-87 Donald Graham (Carpentry)

1279-87 Bill Jackson dba Suburban Septic Service, B&A Enterprises

(Suburban Septic Service, B&A Enterprises, Inc.)

1681-87 Richard J. King (Building)

4128-87 Ron Prevatt dba Dalton & Owens Electric Services

(Electrical)

4182-87 Greer's A.L.R. Service, Inc., Robert E. Greer, President

(Electrical)

4214-87 Elgenia S. Insalaco (Electrical Contractor)

4435-87 Gerald H. Gamble dba Roto-Rooter Sewer Service

(Sewer Service)

4436-87 Deland Sheet Metal, Inc. (Heating & Air Conditioning)

4437-87 Robert C. Mattingly dba Sunshine Heating & Air

Conditioning, Inc. (Mechanical)

4438-87 Judy L. Ruggles dba Sunshine Heating & Air

Conditioning, Inc. (Mechanical)

4439-87 Delos John Myers (Electrical)

4440-87 Otto J. Stangl dba Telstar Plumbing (Plumbing)

4441-87 Alejandro R. Stangl dba Elecrical Specialty Co.

(Electrical)

4442-87 David Littiken (Plumbing)

4443-87 Harry A. Huffman dba H.A. Huffman Constructors

(Class "B" Building)

4444-87 John D. Frish dba Pioneer Construction, Inc.

4445-87 Herve W. Lajoi (Aluminum Products Contractor -

Specialty Code 201)

4446-87 Ronald Phillip Schmidtt dba Schmidtt Electric

(Electrical)

4447-87 J. J. Harris, III (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 Renewals Addition

David McMurry Gaskill Earl S. VanScoyk Tuan Quang Bui

Gregory Lee Crosby Howard B. Fox, Jr.

Dr. Kenneth D. Grier

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:

Eustis Heights

Page P. & Kathleen S. Russell $1,489.30

Pine Lakes South Subdivision

Marlys M. Moran 2,423.10

Harbor Shores Unit I

Thomas E. & Valli J. Lowrance 365.62

Harbor Shores Unit II

Byron C. & Audrey Kelley 518.27

Highland Lakes Subdivision

Wilfrid J. & Blanche I. Fontneau 615.30

Paul D. & Mary G. Forbes 615.30

Joseph J. & Diane M. Stack, Jr. 615.30

Lucille L. Younkin or Diane Snyder 1,004.26

Ethel L. McNair 615.30

William F. & Kathleen A. Schmidt 615.30

Kenneth R. & Mary E. Robertson 615.30

Ernest E. Adams 615.30

Edward J. & A. Jeannette Green 2,900.70

Lake Junietta Homesites

Hugh H. & Frances L. Barwick 323.61

Pomerosa Subdivision

Robert D. L Sharon Frasier 739.79

Ocala Forest Campsites

Homer L. L Helen R. Harris 226.36

Hilltop Subdivision

Tim M. L Linda S. Gwaltney 624.38

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment for John Lee Roberson, Juvenile, Goldie May Collins, Parent, Case No. 85-364-CJ, 84-906-CJ, 84-827-CJ, in the amount of $75.00.

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending February 27, 1987, in the amount of $22,959.24.

ACCOUNTS ALLOWED/COURTS-JUDGES/CHECKS RECEIVED

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of a check in the amount of $30,292.89, which is Lake County's share of the residual settlement monies from the case of the State of Florida v. Cargo Gasoline Co., et. al., Case No. 82-875-CIV-J-B. These monies were paid to the Attorney General on behalf of consumers in 32 Florida counties by twelve independent gasoline marketers in order to settle claims that they conspired to fix retail gasoline prices.

COUNTY ADMINISTRATOR'S AGENDA

EMERGENCY MANAGEMENT/GRANTS

Mr. Joe Stephany, Director of Emergency Management, appeared before the Board to discuss the request to apply for funding from the State Emergency Medical Services Trust Fund to expand and improve pre-hospital Emergency Medical Services.

Mr. Stephany stated that the funding will cover seven specific project areas, which are: Communications, Ground Transportation, Medical Rescue Equipment, Community Lay Training, Professional Training, Evaluation and Research.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to apply for funding from the State Emergency Medical Services Trust Fund to expand and improve pre-hospital Emergency Medical Services.

EMERGENCY MANAGEMENT/AMBULANCE-HOSPITAL DISTRICTS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for a Certificate of Public Convenience and Necessity (CON) to Waterman Medical Center for County-wide ambulance service; revocation of CON 1986-15, Waterman; and CON 1986-69, South Lake Memorial.

COUNTY ADMINISTRATOR

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request that the Board designate the County Administrator as an authorized representative to approve travel requests for Class "C" travel (short day trips) and registration fees connected with the travel.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase one video cassette recorder for the Yalaha Fire Station, at an estimated cost of $280.00.

ACCOUNTS ALLOWED/ANIMAL SHELTER

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase a personal computer, printer and software, for the Animal Shelter, at an estimated cost of $4,000.00 to $5,000.00, from the Donation Fund.

APPOINTMENTS-RESIGNATIONS/MENTAL HEALTH

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to appoint Lonnie Strickland as Lake County's representative to the District III Mental Health Planning Council.

PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for the end of probation merit increase for Patricia Goff, Planning Technician II.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Planning Department to purchase data processing equipment, at an estimated cost of $25,000.00.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept the following right-of-way deeds:

Haywood L./Joy M. Richardson #2-4805 Pruitt Street

James M. Mead Citrus, Inc. #2-2229 Libby Road

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Change Order No. 2, on Project l-87, Wolfbranch Road, to include construction on Vine Street, in the amount of $41,673.00.

CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for an Agreement with the Town of Montverde for the County to do building inspections, after the Resolution is properly worded by the County Attorney.

LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to hire an additional equipment operator, for Landfill, at no additional cost, in order to cut back on overtime by the present equipment operators.

ORDINANCES/PUBLIC WORKS

Mr. Michael C. Willett, County Administrator, discussed with the Board Ordinance 1972-8, regarding the Central Sewer System.

Considerable discussion occurred regarding the subject.

No action was taken at this time.

ORDINANCES/WATER AUTHORITY

Commr. Burhans brought to the attention of the Board a letter from William Bockmiller, President, Sunlake Homeowners Association, Incorporated, Grand Island, Florida regarding the indiscrimate use of air boats on Lake Yale.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to advertise for a Public Hearing on April 21, 1987, at 9:30 a.m., in the Board of County Commissioner's Meeting Room, for consideration of an Ordinance affecting air boats on Lake Yale.

PUBLIC WORKS/ROADS-COUNTY AND STATE/MUNICIPALITIES

Commr. Burhans informed the Board that he requests a safety study done on a portion of Babb Road and Wilson Parrish, in northwest Umatilla, because it is a dangerous intersection.

APPOINTMENTS-RESIGNATIONS/EAST CENTRAL FLORIDA

REGIONAL PLANNING COUNCIL

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the nomination of Mayor Lee F. Kenney, Lady Lake, to fill the vacancy of elected official on the East Central Florida Regional Planning Council.

MEETINGS/STATE AGENCIES

Commr. Windram informed the Board of a letter received from Representative Richard T. Crotty, Florida House of Representatives, notifying all interested parties of a Regional Expressway Authority Workshop, on Thursday, March 12, 1987, to discuss the preliminary legislative proposal, which would create a regional expressway authority.

RESOLUTIONS/COMMITTEES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized proper signatures on the Resolution outlining the members of the Industrial Development Authority in Lake County.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, Jr., for appropriation, pursuant to the Florida Contraband Forfeiture Act, from the Law Enforcement Trust Fund of the Board of County Commissioners of Lake County, in the amount of $2,859.98, to pay for Surveillance equipment.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for monies in the amount of $2,016.50, to reimburse the Lake County Sheriff's Office for expenses incurred for in-service training school.

STATE AGENCIES/ROADS-COUNTY AND STATE

Commr. Windram discussed with the County Administrator a letter received from the Florida Department of Transportation, dated March 2, 1987, regarding advance notification of a transportation project on SR 44 from I-75 in Sumter County to SR 500 in Lake County.

No action was taken at this time.

ELECTIONS/MEETINGS

Commr. Windram discussed with the Board a letter received from T. H. Poole, Sr., President, Tri-City Branch NAACP, suggesting that representatives from the County Commission, the Lake County School Board and Tri-City NAACP meet to map out preliminary strategies for successful implementation of single-member districts.

Considerable discussion occurred regarding the suggestion and single-member districting.

The Board directed the County Attorney to research additional information on single-member districts, such as the impact and potential problems. The County Attorney stated that he would prepare a memo, on same, for the first meeting in April.

ACCOUNTS ALLOWED/COURTHOUSE

Mr. James C. Watkins, Clerk, brought to the attention of the Board the need for expanding the telephone system in the Courthouse. He stated that Mr. Harry Nies, Deputy Clerk, recommends that the County install 8 trunk lines, 16 single lines, 8 SL1 lines, and 1 QPC 64 buffer card, at a one time charge of $10,680.00.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to expand the telephone system in the Courthouse, as stated, at a one time charge of $10,680.00.

RECESS AND REASSEMBLY

At 10:55 a.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the postponement of the following cases:

#16-87-2 James B. Tyre, et al 04/14/87

#22-87-3 Charles Bradshaw

c/o Hi-Acres Services 04/14/87

#26-87-5 Seltzer Treasure

Island Corporation 04/14/87

#23-87-4 George Cota, et al 04/14/87

#24-87-5 George O. Pringle 05/12/87

Commr. Burhans informed the Board that he had 77 names on a Petition for Case #24-87-5 for the file.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the withdrawal of the following case:

#208-86-3 All-Seasons Resorts, Inc.

PUBLIC HEARING CUP #685A-2 James Pollet

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

PUBLIC HEARING CUP #87/2/6-2 James Pollet

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 recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for repair of agricultural equipment.

PUBLIC HEARING CUP #87/2/2-4 Donald R. Brumfield

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for a fish farm.

PUBLIC HEARING CUP #87/2/l-5 Grace Parker Guenther

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for home occupation for a real estate office.

PUBLIC HEARING #25-87-5 R. Dewey Burnsed and

Charles A. Thompson

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to PFD (Public Facilities District) for a Post Office.

PUBLIC HEARING #13-87-4 William E. Colli

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 recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to CP (Planned Commercial) for a restaurant.

PUBLIC HEARING #17-87-4 Roy Chesak

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

PUBLIC HEARING #20-87-4 Gene and Greta Tate

Mr. Vernon Means, a property owner in the area, appeared before the Board to question if it was possible to change the zoning without having a county maintained road to the property.

The County Attorney stated that it can be done.

Ms. Pam Woodworth, Lake Seneca area, appeared before the Board to question the Board as to how the property is intended to be broken up and used.

Mrs. Rebecca Austin, an adjoining property owner, appeared before the Board to discuss the case with the Board.

PUBLIC HEARING #21-87-4 Gene and Greta Tate

Mr. Jack McDermott, a resident of the Lake Seneca area, appeared before the Board to discuss the reasons for the residents opposition to the rezoning request.

Mr. Charles Murray, an adjoining property owner, appeared before the Board to discuss his opposition and concerns to the rezoning request.

Mrs. Rebecca Austin, an adjoining property owner, discussed with the Board her concerns of the rezoning request.

Mr. Vernon Means, a property owner in the area, appeared before the Board to discuss the access road to the property in question.

Mrs. Shenko, a property owner in the area, discussed with the Board the access road to the property.

Mrs. Greta Tate, the petitioner, appeared before the Board to discuss the request with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from AR (Agricultural Residential) to PFD (Public Facilities District) for a Day Care Center.

Commr. Deems and Commr. Burhans voted "No".

PUBLIC HEARING CUP #87/2/4-4 Grady Johnson

Ms. Joan Erwin, of the Sorrento area, appeared before the Board to discuss her opposition to the rezoning request.

Mr. Fran Stallings, Lake County Planning Department, appeared before the Board to discuss the study they conducted regarding the rezoning request.

Mr. Ernie Opal, a property owner in the area, appeared before the Board to discuss his opposition to the rezoning request.

Mr. Fred Morris, an attorney from Leesburg representing the petitioner, appeared before the Board to discuss the request with the Board and the petitioner's plans for the land in question.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the request of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for the excavation of sand to form a permanent lake.

RECESS AND REASSEMBLY

At 3:40 p.m. the Chairman announced that the Board would take a short recess and reconvene at 3:42 p.m.

PUBLIC HEARING #14-87-3 John T. Murrell