A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 8, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, December 8, 1987 at 9:00 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: Robert L. Wilson, Finance Director; and Linda Springston, Deputy Clerk.

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

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of December 1, 1987, as corrected.

EMERGENCY MANAGEMENT/PLANNING DEPARTMENT

Commr. Smoak brought to the attention of the Board that Mr. David Branson, Manager of Florida Power in Clermont, contacted him regarding assigning addresses to residences in the County. He noted that Mr. Branson was in the audience today.

Mr. David Branson, District Manager of Florida Power in Clermont, appeared before the Board to discuss the requirements to have residences properly marked, with the address, so various emergency and commercial services can correctly locate residences.

Mr. Michael Willett, County Administrator, informed Mr. Branson that, at the January 5, 1988, Board of County Commissioners meeting, Mr. Rudy Marchese, Director of Planning, and Mr. Bruce Thorburn, 9-l-l Coordinator, will give a presentation regarding the addressing system in Lake County and the marking of same.

Mr. Albert Starr, Planning Department, informed the Board that he has scheduled meetings with all of the utility companies, incorporated municipalities, emergency service managers, Sheriff's Department, and any other group organization of government or private industry, which depend upon physical location of addresses, involved in the addressing.

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Satisfaction of Assessment Liens for the following subdivisions:

El Bonito Subdivision

George G. & Susan L. Strauss $1,859.99

Harbor Shores

Ronald J. Kascmaryk 532.79

Ronald J. Kascmaryk 197.01

Picciola Island Subdivision

Richard R. & Geraldine Coon 355.83

Pine Island Shores

Richard C. & Eleanor C. Ravenhill 523.86

Highland Lakes Subdivision

Leroy A. Crone, Jr. & Maude Irene Crone 662.81

Woodland Hills Subdivision

Russell W. L Muriel Bolling 171.11

Terry Wayne Gilbert & Carol D. Gilbert 171.11

Michael R. Smalt & Deborah L. Smalt 168.80

James F. L Helen Weigand 280.19

Anthony W. Collins 264.54

John C. Barrow L Catherine L. Hagen 327.26

Thomas M. L Sharon McDaniel 369.38

James E. & Olene S. West 267.39

Albert Luther Price L Helen Ann Price 267.39

James M. L Mary Branigan 343.30

Verle J. L Barbara Miller 272.83

James T. Gillian 299.07

Piney Woods Subdivision

Robert M. Sirkle & Johnitta G. Sirkle 294.34

St. Johns Waterfront Estates

James M. Damron 495.52

Sorrento Shores Ranchos Penlan Park

Roanld A. & Karen S. Burns 5,130.82

Springs Bath & Yacht Club

Peter J. L Ardell E. Vanos 977.36

Peter J. L Ardell E. Vanos 681.83

Walter T. L Margaret Popjoy 718.63

Ocala Forest Campsites

J. Stanley & Rosemary Grue 684.29

Sorrento Shores Subdivision

S & K Realty for Frank & Freda L. McIlroy 3,004.63

Beverly J. Holcomb 473.07

HEALTH DEPARTMENT/REPORTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Report of the Activities and Expenditures of the Lake County Public Health Unit (CPHU), for the period ending September 30, 1987.

COMMISSIONERS

At 9:14 a.m. the Chairman, Commr. Windram, turned the Chairmanship over to the Vice-chairman, Commr. Burhans.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request from the Bassville Fire District to purchase a pump for the new tanker, at an estimated cost of $1,080.00.

Commr. Windram was not present for the vote.

COMMITTEES/DEVELOPMENT/ORDINANCES

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request from the Mining Ordinance Committee, for a time extension, from January 1988 to May 1988, to develop a draft ordinance.

Commr. Windram was not present for the vote.

Mr. Michael Szunyog, Director of Development Coordination, appeared before the Board to give them a brief synopsis of what the Mining Ordinance Committee has been doing.

COMMISSIONERS

At 9:20 a.m. the Vice-chairman, Commr. Burhans, returned the Chairmanship over to the Chairman, Commr. Windram.

COUNTY EMPLOYEES/EMERGENCY MANAGEMENT

At this time the County Administrator introduced Mr. Bruce Thorburn, 9-l-l Coordinator, to the Board. It was noted that he previously had worked with the 9-l-l system in Orange County.

The Board welcomed Mr. Thornburg to Lake County.

ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Waterman Medical Center, for the release of an escrow account, at United Southern Bank, in the amount of $18,938.46.

HEALTH DEPARTMENT/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the County Public Health Unit, for a revision of the resolution, which permits the Lake County Public Health Unit to charge for services where those fees are not specified in any Federal or State law/rule.

COUNTY EMPLOYEES/EMERGENCY MANAGEMENT

At this time the Mr. Lonnie Strickland, Director of Health and General Services, introduced Mr. Robert Reymont, Director of Emergency Management, to the Board. It was noted that he has 20 years of Emergency Management background.

The Board welcomed Mr. Reymont to Lake County.

COMMITTEES/PERSONNEL

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for the reappointment of Ted Ostrander, Sr., as a citizen member, with his term to expire December 31, 1990, and the appointment of Linda Walter, as the alternate employee member, to replace Elbert Ellis whose term expires December 1989, on the Grievance Committee.

PLANNING DEPARTMENT/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for preliminary approval of Sunset Hills Subdivision.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Zoning Department to cancel the mobile home bond for John Radosti, Haines Creek Area, District #l.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to quit claim 25 feet on Howey Cross Road, back to Donna Shepperd and Jayson Milne, and to accept the right-of-way deed of a 25 foot strip from same, on the other side of the road.

APPOINTMENTS-RESIGNATIONS/EAST CENTRAL

FLORIDA REGIONAL PLANNING COUNCIL

Commr. Carson brought to the attention of the Board a letter received from Lee F. Kenney, who is resigning as a Lake County representative of the East Central Florida Regional Planning Council.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to accept the resignation of Mr. Kenney, from the East Central Florida Regional Planning Council, and to send a letter of appreciation to him.

Included in the motion was the appointment of Tim Sullivan, who is a council member from the Town of Fruitland Park, to replace Mr. Kenney on the East Central Florida Regional Planning Council.

BONDS/CONTRACTS, LEASES AND AGREEMENTS/LAWS AND LEGISLATION

RESOLUTIONS

Mr. James Gollahon, Vice President of Raymond James & Associates, Inc., appeared before the Board to give a brief presentation regarding Lake County's Sales Tax Revenue Bonds, which were offered to the public for purchase, on Monday, December 7, 1987 at 9:30 a.m. by an underwriting group lead by Alex Brown L Sons. He stated that the underwriters' bid was accepted to buy the bonds for an average rate of 7.41%.

Mr. Gollahon discussed with the Board a summary of the sources and uses of funds related to the bond issue. He also discussed a debt service schedule reflecting the fifteen years of serial bonds.

Mr. Gollahon stated that, as the County's financial advisor, he recommended that the County execute the bond purchase agreement with the underwriters and approve the award and supplemental bond resolution. He also recommended closing the issue on December 31, 1987.

Considerable discussion occurred regarding the stock and bond market and interest rates.

Commr. Smoak questioned the County Attorney as to whether the County can postpone the closing date. The County Attorney informed Commr. Smoak that it is not possible to postpone the December 31, 1987, closing date.

Mr. Gil Stewart, with Alex Brown L Sons, appeared before the Board to discuss what interest rates have done during a Presidential election year.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the supplemental bond resolution for the Sales Tax Revenue, as prepared by the County Attorney.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the bond purchase agreement with the underwriters, and accepted the one percent good faith check for $390,000.00, as presented by Mr. Bill Reagan, with Alex Brown & Sons.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the FDIC Bond Insurance Contract, which the Chairman had previously signed.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the official statement and authorized the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court to sign four copies of same.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the preliminary official statement, which was initially sent out to various stock brokers.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to authorize the Vice-chairman, in the Chairman's absence, and the Deputy Clerk, in the Clerk's absence, to sign any and all necessary papers to complete the various bond purchase agreements.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the $390,000.00 good faith check, which the County will hold in a safe deposit box at the County's bank, which will be taken to the closing on December 31, 1987.

COMMISSIONERS

At 10:25 a.m. the Chairman, Commr. Windram turned the Chairmanship over to the Vice-chairman, Commr. Burhans.

COMMITTEES/POLLUTION CONTROL

Commr. Smoak questioned the County Administrator as to whether they have found a replacement for Mr. William Dailey, on the Pollution Control Board.

Mr. Willett stated that they have not yet advertised for the replacement, but they will do so.

RIGHT-OF-WAYS, ROADS AND EASEMENTS/SUBDIVISIONS

Commr. Smoak discussed with the County Administrator action that was taken at the November 10, 1987, Board meeting regarding an easement deed, which was accepted by the County, off Grassy Lake Road (#3-1846), in Howey Subdivision A.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to rescind the action taken at the November 10, 1987, Board meeting regarding an easement deed, which was accepted by the County, off Grassy Lake Road (#-1846), in Howey Subdivision A, and to explain to the petitioners the reason for the rescindtion, which involves the violation of the County ordinance.

Commr. Windram was not present for the vote.

Commr. Smoak requested the record to reflect that he is not an adjacent property owner, but does own property in the area, and he would not be affected by the action.

RECESS AND REASSEMBLY

At 10:45 a.m. the Vice-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. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following postponements and withdrawals:

POSTPONEMENTS

CUP#87/11/1-3 Al Besade, Jr. January 12, 1988 2:00 p.m.

#191-87-3 Robert Ingersoll February 9, 1988 2:00 p.m.

#194-87-3 Mark & Jean Hobson January 12, 1988 2:00 p.m.

WITHDRAWALS

#175-87-2 John McDowell

CUP#87/10/3-2 John McDowell

#182-87-3/4 Baker Groves, Inc.

POSTPONEMENT #194-87-3

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board rescinded the previous action taken regarding the postponement of Zoning Case #194-87-3, Mark & Jean Hobson, in order to allow the interested parties in the audience to present their cases, and on the conclusion of their presentation, the Board of County Commissioners make a decision whether or not to take final action on the request.

PUBLIC HEARING #108-87-l A to CP Sam Carpi and Herman I.

Bretan

No one present in the audience wished to discuss the 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 rezoning from A (Agricultural) to CP (Planned Commercial), as amended.

PUBLIC HEARING CUP#87/10/1-2 CUP in A Thomas W Merritt

Mrs. Laverne Adkins, a property owner on Merritt Road, appeared before the Board to state her objections to the request.

Mr. Joe Griner, with A. E. Peat Company, appeared before the Board to state his reasons for the request, and what he proposes to do.

Ms. Connie Merritt, who lives on the road, appeared before the Board to state her objections to the request.

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 for a CUP in A (Agricultural), as amended.

PUBLIC HEARING #174-87-l RR to PUD H. D. Robuck

Mr. Wayne Johnson, an adjacent property owner, appeared before the Board to state his concerns regarding the request. He stated that he would like an impact study done before the project begins.

Ms. Billie McGee, who lives on Gator Lake Road, appeared before the Board to question the Board as to whether the residents will have any guarantee that they will not end up with another "Carlton Village", and if anyone has looked into the need for a bike trail.

The Board informed Ms. McGee that they will not end up with another "Carlton Village", and have not investigated the need for a bike trail.

Mr. Dan Robuck, representing Route 347 Realty Corporation, appeared before the Board to present his case.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to PUD (Planned Unit Development), including the amendments, as proposed by the Planning and Zoning Commission and Mr. Robuck.

PUBLIC HEARING #155-87-5 A & R-l-7 to RMRP Austin Regal

Ms. Charlene King, a partner with Lake County Realty, appeared before the Board to discuss the request. She stated that they were not informed of the Planning and Zoning Commission meeting early enough to be present to discuss the case.

Dr. Austin Regal, petitioner, appeared before the Board to state his reasons for the request for rezoning. Be stated that he mistakenly posted the Zoning Notices on the wrong property.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) and R-l-7 (Urban Residential) to RMRP (Mobile Home Rental Park Residential).

PUBLIC HEARING #183-87-5 A to PUD and a variance of

Sec. 70.40 (6-J) of Lake County Parking Ordinance

W. M. Igou, Inc.

No one present in the audience wished to discuss the request with the Board.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development) and a variance of Sec. 70.40 (6-J) of the Lake County Parking Ordinance, as amended.

PUBLIC HEARING #187-87-2 A to PFD G. W. and

Grace Pringle, Tr.

No one present in the audience wished to discuss the 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 A (Agricultural) to PFD (Public Facilities District).

COMMISSIONERS

At 3:15 p.m. the Chairman, Commr. Windram, turned the Chairmanship over to the Vice-chairman, Commr. Burhans.

PUBLIC HEARING #195-87-1 C-l & PFD to CP Carnel

Enterprises, Inc.

Mr. Eric Clayborne, an Attorney in Leesburg, representing the applicant, appeared before the Board to verify the uses intended by the rezoning.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-l (Rural or Tourist Commercial) and PFD (Public Facilities District) to CP (Planned Commercial), and to allow C-l (Rural or Tourist Commercial) uses as well as the uses shown on the site plan.

Commr. Windram was not present for the vote.

COMMISSIONERS

At 3:17 p.m. the Vice-chairman, Commr. Burhans, returned the Chairmanship to the Chairman, Commr. Windram.

PUBLIC HEARING CUP#87/11/2-2 CUP in M-l Lester

Coggins Trucking, Inc.

No one present in the audience wished to discuss the request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning for a CUP in M-l (Heavy Industrial), for a caretaker's residence.

Commr. Burhans was not present for the vote.

PUBLIC HEARING #185-87-2 A to AR Shirley and Doyle McQuaig

No one present in the audience wished to discuss the request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential).

Commr. Burhans was not present for the vote.

PUBLIC HEARING #189-87-3 R-l-7 to A Wayne and Joan Sabin

No one present in the audience wished to discuss the 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 request for rezoning from R-l-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING #184-87-3 RR to R-1-15 Lake Land

Planning Group, Inc. for John Ledoux

Mr. Axwell Livingbom and Mr. Ellis Consular appeared before the Board to discuss their concerns regarding the request.

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

PUBLIC HEARING #190-87-3 MP to PFD Jo Cunningham

Mr. Leonard Baird, an Attorney for the City of Clermont, appeared before the Board to discuss the request.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from MP (Planned Industrial) to PFD (Public Facilities District), as amended.

Commr. Smoak declared a conflict of interest regarding the request, as he is an adjacent property owner, and abstained from the vote.

Commr. Carson was not present for the vote.

PUBLIC HEARING #194-87-3 A to RE Mark and Jean Hobson

Ms. Cecila Bonifay, an Attorney representing the petitioner, informed the Board that she had requested the case to be postponed, because her firm had only recently been retained by her client, and had met with her client for the first time the day before: therefore she was not prepared to speak for her client today. She stated that, if it is the Board's intention to vote on the case today, she would like to withdraw the case.

Dr. Dwayne Segraki, a resident in Apshawa Groves, appeared before the Board representing the property owners in the area, to speak in opposition to the request. He thanked the Board for giving him the opportunity to speak, in lieu of postponing the case.

Ms. Bonifay requested withdrawal of the case at this time. On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to accept the withdrawal of Case #194-87-3.

PUBLIC HEARING #192-87-3 LM to PFD Plum Lake Mobile

Home Sales

No one present in the audience wished to discuss the 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 request for rezoning from LM (Light Manufacturing) to PFD (Public Facilities District).

PUBLIC HEARING #188-87-4 Revoke A & CUP#483-4 and rezone

from A to PFD Sorrento Church of Christ

No one present in the audience wished to discuss the 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 to revoke A and CUP#483-4 and rezone from A (Agricultural) to PFD (Public Facilities District).

PUBLIC HEARING #193-87-4 A to RR Evelyn Beilman

No one present in the audience wished to discuss the 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 rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING #186-87-5 LM to PFD Florida Power Corporation

No one present in the audience wished to discuss the 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 rezoning from LM (Light Manufacturing) to PFD (Public Facilities District).

PUBLIC HEARING CUP#87/11/3-1 A CUP in R-l-7 Scottish

Highlands

No one present in the audience wished to discuss the request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning for a CUP in R-l-7 (Urban Residential).

APPOINTMENTS-RESIGNATIONS/RESOLUTIONS/VETERANS SERVICE

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to accept the resignation of Mr. Art Ragland, Lake County Veterans Service Officer, and to prepare a resolution for same.

APPOINTMENTS-RESIGNATIONS/COMMISSIONERS

Commr. Carson made a motion to nominate Commr. Burhans to be the Chairman of the Board of County Commissioners, for the year beginning in 1988.

Commr. Deems made a motion to nominate Commr. Carson to be the Vice-chairman of the Board of County Commissioners, for the year beginning in 1988.

Commr. Smoak made a motion to nominate Commr. Windram to continue the Chairmanship of the Board of County Commissioners, for the year beginning in 1988.

Commr. Deems made a second to Commr. Carson's motion to nominate Commr. Burhans to be the Chairman, for the year beginning in 1988, with the motion being carried.

Commr. Smoak voted "No."

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved Commr. Carson to be the Vice-chairman, for the year beginning in 1988.

Commr. Smoak voted "No."

Commr. Smoak made a motion to reconsider the previous action taken, and to nominate Commr. Windram to continue being the Chairman, for the year beginning in 1988.

The motion died for the lack of a second.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:lO p.m.

THOMAS J. WINDRAM, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

LS/12-11-87