A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 11, 1979
The Lake County Board of County Commissioners convened in Regular Session on Tuesday, December 11, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C. A. "Lex" Deems; Glenn Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Pat Geotzen, Deputy Clerk; and Pat Shirah.
The Invocation was given by Mr. Watkins, and the Pledge of Allegiance was led by Commr. Deems.
MINUTES
On a motion by Commr. Carson seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of December 4 , 1979, as amended and corrected.
CHAMBER OF COMMERCE/ACCOUNTS ALLOWED
Dennis Horton, President of the Lake County Chamber of Commerce appeared before the Board requesting funding in the amount of $25,000.00 per year for the Chamber, from the County.
Discussion occurred regarding the request for funding.
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board directed County Attorney, Chris Ford, to research in detail concerning services performed by the Chamber, which could be considered County services, and report back to the Board.
COMMUNICATIONS
Managing Change, Inc. was not present for their scheduled time for presentation before the Board.
The Board directed Ms. Goetzen, Deputy Clerk, to write Managing Change, Inc. concerning their appointment.
AUDITS
Discussion occurred regarding Audits for Lake County. Mr. Watkins suggested the Board appoint a member of the Board to the Audit Selection Committee.
FIRE DISTRICTS
Mr. Frank Meade, Mr. Bill Plummer and Mr. Art Morrell were present to discuss creating a South Lake Fire District.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved permission to advertise the proposed Ordinance creating the South Lake Fire District with the Public Hearing to be held on January 8, 1980, at 11:00 A.M.
Richard Seuffert, representing Mid-Florida Lakes, requested the Board to allow Mid-Florida Lakes to create their own Fire District rather than be included as a part of the proposed Bassville Park Fire District.
The Board suggested they bring their request back to the Board on January 8, 1980, at 10:00 A.M. for the Public Hearing.
PUBLIC WORKS/OUTDOOR RECREATIONAL FACILITIES
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved acceptance of the bid from Merritt Sea Wall, Inc., in the amount of $20,940.00 for removal of the old dock and pier and construction of a new pier, finger docks, and boat ties off of Lakeshore Drive on Lake Eustis.
The allocation from the Department of Natural Resources for this project is $20,862.00, and the City of Eustis will pay the additional $78.00.
CONTRACTS & AGREEMENTS & LEASES
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman to sign the Concrete Pier Construction Contract between Lake County and the City of Eustis for the removal of the old dock and pier and construction of a new pier, finger docks and boat ties off of Lakeshore Drive on Lake Eustis.
GRANTS/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the request to draw on funds from HUD for the Community Block Grant in the amount of $10,000.00.
CONTRACTS & AGREEMENTS & LEASES
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the three (3) month extension of a contract between Mary Louise Elton and Lake County for warehouse space in Umatilla.
ORDINANCES/FIRE DISTRICTS
At 11:00 A.M. the Chairman announced the advertised time had arrived for the Public Hearing regarding consideration for adoption of an Ordinance creating the Pasco Fire District.
It was noted that the proper proof of publication was on hand and had appeared in the November 22nd, and 29th, 1979, editions of the Leesburg Commercial.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board placed the Ordinance on the floor for its first and only reading by title only:
AN ORDINANCE PURSUANT TO FLORIDA STATUTE 125 CREATING THE PASCO FIRE DISTRICT IN LAKE COUNTY, FLORIDA COMPRISED OF THE FOLLOWING DESCRIBED REAL PROPERTY:
All that part of sections 21 & 22 which lie South of U.S. Highway 441 in Township 19 South, Range 26 East, Lake County Florida.
Sections 23, 24, 25, 26, 27, 28, 33, 34, 35, Township 19 south, Range 26 East; Sections 13 & 14, Township 19 South, Range 26 East; all that part of Section 12, Township 19 South, Range 26 East which lies South of State Road 44; all that part of Section 36, Township 19 South, Range 26 East, which lies North of Lake Dora.
All that parts of Section 7, 8, and 9 of Township 19 South, Range 27 East in Lake County, Florida which lies South of State Road 44. Section 16, 17, 18, 19, 20 and 21, Township 19 South, Range 27 East of Lake County, Florida.
PROVIDING FOR MUNICIPALITIES TO ELECT TO JOIN SAID DISTRICT: CREATING A PASCO FIRE DISTRICT BOARD OF FIRE CONTROL COMMISSIONERS TO GOVERN SAID DISTRICT: PROVIDING FOR APPOINTMENT TO FIRE CONTROL COMMISSIONERS BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR SAID DISTRICT TO BE ORGANIZED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION IN THE ABOVE DESCRIBED REAL PROPERTY; PROVIDING FOR A TAX TO BE ASSESSED AND LEVIED AGAINST THE TAXABLE REAL AND TANGIBLE PERSONAL PROPERTY WITHIN SAID DISTRICT, SAID TAX NOT TO EXCEED ONE MIL ON THE DOLLAR OF ASSESSED VALUATION; AUTHORIZING THE BOARD OF FIRE CONTROL COMMISSIONERS TO PROVIDE FIRE PROTECTION SERVICES IN SAID DISTRICT; AUTHORIZING THE BOARD OF FIRE CONTROL COMMISSIONERS TO CONTRACT WITH VARIOUS AGENCIES AND ENTITIES TO PROVIDE FIRE PROTECTION; LIMITING SAID BOARD OF FIRE COMMISSIONERS FROM PLEDGING, HYPOTHECATING FOR ENCUMBERING TAX MONIES OF SAID DISTRICT EXCEPT THOSE OF THE CURRENT FISCAL YEAR; AUTHORIZING THE BOARD OF FIRE CONTROL COMMISSIONERS TO ENTER INTERLOCAL AGREEMENTS WITH OTHER VARIOUS AGENCIES AND ENTITIES FOR PURPOSES OF MUTUAL AID; PROVIDING FOR AN ANNUAL AUDIT OF SAID DISTRICT FUNDS; GRANTING THE SAID DISTRICT THE POWER TO ACCEPT GIFTS. PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board moved the adoption of said Ordinance Number 1979-8, as read by title only, on its first and only reading
Mr. Walt Zeinter was present and submitted a list of proposed Fire Commissioners for the Pasco Fire District. The Board will take action on the list at the December 18, 1979, meeting.
NURSING HOME/ACCOUNTS ALLOWED
Commr. Burhans presented Mr. Strickland's, Nursing Home Administrator, request to begin deducting $25.00 per patient each month for laundry services provided by the Home.
The deduction was apparently deleted in April of 1979, however, Mr. Strickland feels it to be a necessary deduction.
Chris Ford, County Attorney, is to research and get with Mr. Strickland to work out the details.
PUBLIC WORKS/ROADS - COUNTY, STATE
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Mr. McCoy to repair Ward Road. The work was previously approved on a one-time basis but is now washed out.
Public Works to do very minimal repairs to put the road in the same condition prior to washing out.
APPOINTMENTS/MENTAL HEALTH
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved James M. Hoskinson to serve on the East Central Florida Regional Planning Council, as lay representative for Lake County.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board reappointed Dr. James R. Fisher to the District III Mental Health Board, Inc., for a second two-year term.
COMMUNICATIONS
Commr. Windram read a letter from John Sargent requesting he be considered for a member of the new AdHoc Council for Resort Tax.
COMMUNICATIONS
Commr. Windram read an invitation from the District III Mental Health Board, Inc. for the Commissioners to attend a luncheon on December 18, 1979, at 12:00 noon at the Western Sizzlin’ Restaurant in Leesburg.
PURCHASING
Norma M. Showley, Purchasing Agent, appeared before the Board with a request to bid out vehicles.
The Board suggested Ms. Showley find out about trade-ins and bring back before the Board in the afternoon session.
COMMUNICATIONS
Commr. Windram read a Resolution from North East Dade County, Inc., Committee to Eliminate Grade Crossings.
Commr. Windram read a copy of a letter to Senator Fechtel from the Department of Transportation concerning the speed limit on SR 19 in Altoona.
Commr. Windram read a petition from the Yale Canal Civic Club which was referred to the Public Works Department and put on the Agenda for January 22, 1980.
BONDS - CONTRACTOR
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the following Contractor Bonds.
1136-80 Lake County Septic Tank Service, Inc. (Septic Tank)
1840-80 Gerald S. Smith d/b/a Howard L. Harris (Master Electrical)
1842-80 Phillip W. Morris d/b/a Phil's Electric (Electrical Wiring)
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the following Contractor Bond Cancellations:
113-67 Wilbur W. Brown
1358-75 Robert G. Baugh (Aluminum Siding)
1654-78 Wilmer E. Dean
1712-79 David C. Edenfield (Residential)
1746-78 Bartlett Brothers Roofing Company
1751-79 Dennis Bartlett
REPORTS/POLLUTION CONTROL
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign Attachment "A" which amends and continues the current contract for Fiscal Year 1979-1980 for the Aquatic Weed Control Program.
ACCOUNTS ALLOWED/JAILS
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved to pay John S. Dickerson, Architect, the amount of $227.50 for Project #26-79 Jail Interior Refurbishing.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board approved to pay John S. Dickerson, Architect, the amount of $181.60 for services rendered in the month of November for the Jail Weatherproofing.
ACCOUNTS ALLOWED/FAIRGROUNDS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board accepted a check in the amount of $1,394.20 from the Fairgrounds for fees collected from Florida Good Sam ($1,244.20) and Farm-City Week ($150.00) for Expo Hall Rental.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the November 30, 1979, Traffic-Criminal Department Distribution of Revenue Report.
REPORTS/JAILS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously the Board acknowledged receipt of the Department of Corrections Inspection Report on the Lake County Jail.
FAIRGROUNDS/MAINTENANCE/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Donald Smalt, Acting Fairgrounds Manager, to have the restrooms and buildings at the Lake County Fairgrounds painted at a cost not to exceed $500.00.
FINANCE DEPARTMENT/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the purchase of a new Sharp CS-2182 calculator on State Contract with local service for $242.19 for the Lake County Finance Department.
GRANTS/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved a temporary loan to Emergency Medical Services Fund in the amount of $14,319.30 for payment of outstanding invoices totaling $20,795.00, representing the 70 percent matching portion due from Bureau of Highway Safety Grant #80-08-02-—311-14 which must be expended by Lake County before the State will reimburse the County.
MEETINGS
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman and the Clerk to review and authorize bills for payment during the first week of January which would be the normal time for bills to be paid. This is necessary due to the cash flow having been established for this period of time.
RECESS AND REASSEMBLY
At 12:00 noon the Board recessed for lunch at the Greenhouse Restaurant, with the public and press being invited on a Dutch-treat basis.
The Board reconvened at 2:00 P.M. for Rezoning.
REZONING
PUBLIC HEARING CUP #675-2 H. L. Pringle
Mr. Pringle was present to discuss this 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 granted the CUP in A.
PUBLIC HEARING #96-79-4 RR to AR P & Z Commission Staff
Mary Bily was present and spoke in favor of the rezoning.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from RR to AR.
PUBLIC HEARING Classification of uses Cecil Thompson
Cecil Thompson was present to discuss this 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 the classification of uses under paragraph 64.16 for a home occupation under CUP.
PUBLIC HEARING CUP #678-1 Cecil Thompson
Cecil Thompson was present to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the CUP in R-1-7.
PUBLIC HEARING #123-79-4 Florida Central Academy
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until January 15, 1980, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING CUP #682-4 Florida Central Academy
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until January 15, 1980, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING #85-79-5 CUP in A R. L. Langford
A letter from Roland L. Curtis, Paisley, was acknowledged objecting to postponement and also H. G. Frederick, Jr. of Orlando objecting to postponement. Mr. R. L. Langford was present to ask the Board to postpone case until a later date.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed the case until February 12, 1980, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING CUP #670-5 CUP in A R. L. Langford
A letter from Roland L. Curtis, Paisley, was acknowledged objecting to postponement of this case. Mr. William Blodgett was present objecting to postponement.
Mr. R. L. Langford was present to ask the Board to postpone the case until a later date.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed the case until February 12, 1980, at 2:00 P.M. or as soon thereafter as possible.
RECESS AND REASSEMBLY
At 2:35 P.M. the Board recessed for five (5) minutes. At 2:40 P.M. the Board reconvened.
PUBLIC HEARING #125-79-3 Site Plan in CP John W. Sedman
Mike Croak, Attorney, was present objecting to the site plan for two property owners, Mr. and Mrs. Tillery and Mr. and Mrs. Travris.
Steve Richey, Attorney, was present representing Mr. Sedman.
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the site plan in CP.
PUBLIC HEARING #131-79-1 R-1-7 to CP M.E. Donahue
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from R-1-7 to CP.
PUBLIC HEARING #130-79-5 A to R-1-15 Johnny Neal
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning.
PUBLIC HEARING CUP#561A-1 Mt. Pleasant AME Church
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and amended the CUP in A for a Church.
PUBLIC HEARING #127-79-1 A to R-1-10 Edwin Padgett
Steve Richey, Attorney, was present representing Edwin Padgett. Mr. Richey asked the Board to approve the rezoning.
Mr. Richard Boliek and Mr. William Stokes were present and requested the Board to deny the rezoning.
Sixteen letters were received objecting to the rezoning.
Ruth Ann Padgett spoke to the Board for approval of the rezoning.
On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning.
RECESS AND REASSEMBLY
At 4:02 P.M. the Board recessed for five (5) minutes.
At 4:07 P.M. the Board reconvened.
PUBLIC HEARING #126-79-2 CP to RP C. Dayton Kurtz
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from CP to RP.
PUBLIC HEARING CUP #685-2 CUP in A James A. Pollet
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in A, in the Northeast Section of the Legal Description.
PUBLIC HEARING #134-79-2 LM to —1 Bernard S. Morse
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from LM to —1.
PUBLIC HEARING CUP #688-2 CUP in —1 Bernard S. Morse
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in —1.
PUBLIC HEARING CUP #684-2 CUP in A Leon Parish
No one present wished to discuss this case with the Board.
A letter was received from Mr. Max Judy requesting that Mr. Parish's hours be specified in the CUP.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in A, during daylight hours only.
PUBLIC HEARING CUP #687-2 CUP for a PUD in R-1-15 Roger W. Conner
Mrs. Paul Jett was present to object to the CUP, and record was made of letters by citizens opposing the CUP also.
Mrs. Mary Ellen Ostrander was also present objecting to the CUP.
Mr. Joe Knight, Longwood, Land Planner for Mr. Conner, was present requesting approval of the CUP.
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board overruled the recommendation of the Planning Commission and denied the CUP for a PUD in R-1-15,
PUBLIC HEARING #132-79-3 RP & R-1-7 to CP William Baker
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from RP and R-1-7 to CP.
PUBLIC HEARING #128-79-4 A to AR Faithy B. Dowdell
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from A to AR.
PUBLIC HEARING CUP #683-5 CUP in A Alton Trawick
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in A.
PUBLIC HEARING CUP #686-5 CUP in C-1 Ellsworth D. Adams
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in C-1, with the mobile home to be placed on the property for the caretaker only after the commercial business is in operation.
PUBLIC HEARING CUP #454A-5 Amend CUP in A Charlie B. Lee
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in A.
PUBLIC HEARING #129-79-5 C-1 to R-1-6 Hampton Rolle
No one present wished to discuss this 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 rezoning from C-1 to R-1-6.
PUBLIC HEARING CUP #531A-5 CUP in R-1-7 Barbara H. Gable
No one present wished to discuss this 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 postponed the case until January 15, 1980, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING #133-79-4 RR to RE Robert J. Eichelberger
No one present wished to discuss this case with the Board.
On a motion by Commr. Middleton, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from RR to RE.
AUDITS/COMMITTEES
On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board appointed Thomas J. Windram to the Audit Committee, and Chris Ford, County Attorney, as Counsel to the Audit Committee.
RESOLUTIONS
On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the Resolutions for speed limits on canals located along Eagles Nest Road, property of Plant City Ferneries Benefit Association, and Burrell Dam at a set five (5) miles per hour.
FIRE DISTRICTS
On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board expanded the Paisley legal description for the proposed Paisley Fire District.
There being no further business to be brought before the Board, the meeting was adjourned at 6:00 P.M.
Thomas J. Windram, Chairman
James C. Watkins