A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 14, 1981

The Lake County Board of County Commissioners met in Regular Session on Wednesday, January 14, 1981, at 1:00 P.M., in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude Smoak; James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were : Sanford Minkoff, County Attorney's Office and Pat Willman, Deputy Clerk.

The Invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the Minutes of a Special Meeting, September 12, 1980, as submitted.

Commr . Smoak abstained from the vote due to his taking office after September 12, 1980.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of November 18, 1980, as amended and corrected The Minutes of December 16, 1980, were postponed until the next Regular Meeting.

OUTDOOR RECREATIONAL FACILITIES/COMMUNICATIONS

Mr. C. E. Heppberger, Lake Improvement Association, was present and asked if the Board had received any information from the Fresh Water Fish & Game Commission concerning the request for bass fingerlings to &stock certain area lakes. The Board advised Mr. Heppberger, they had received no information.

FIRE DISTRICTS/APPOINTMENTS

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

carried unanimously, the Board appointed Mr. Milton Hill, to serve as Fire Commissioner for the Mount Plymouth Fire District.

Mr. Hill will replace Mr. Robert Maurer who recently resigned. The term of this position runs for four (4) years and expires January 15, 1984.

OUTDOOR RECREATIONAL FACILITIES/SIGNS/RESOLUTIONS

Commr. Smoak brought to the attention of the Board a problem at the boat ramp located at Hull Road on the Palatlakaha, between Lake Louisa to Commr. Smoak He also noted there had been considerable trouble with drag racing along this particular road and exposure to the public from broken bottles, etc. Commr. Smoak stated he had discussed this matter with the Sheriff who had advised that there are no Ordinances currently enforceable, according to his Attorney, however, if the Board adopts a Resolution stating no loitering, gathering after dark, etc.,. or similar terminology and erects a sign at the ramp noting this information, the Sheriff advised he would be able to relieve some of the problem. Commr. Smoak also advised there was much concern of fires in the area due to the dryness.

Mr. Minkoff, County Attorney's Office, stated there was no County Ordinance on record which would prevent loitering in a public area however, there were State Statutes applicable to this situation.

Commr . Smoak moved that the public boat ramp, located on Hull Road and the Palatlakaha River in South Lake County be closed from thirty minutes after sundown until thirty minutes before sunrise. This would allow fisherman to put their boats in without problems. Mr. Minkoff advised this should be done in the form of a resolution and signs erected. Commr. Windram seconded the motion.

Under discussion it was established Mr. Willett along with the Attorney's Office would draw up the proper wording to notify the public of the Board's decision.

The motion carried unanimously.

FUNDS-GENERAL

Commr. Smoak advised the Board he had noticed from the reports prepared by the Finance Department, that there was a considerable amount of County money, roughly 3/4 of a million dollars, in demand or passbook accounts. Commr. Smoak asked if there is a policy on house surplus or uncommitted funds and also if there is a repurchase program with any bank in the County to deposit day funds or short term funds under repurchase agreement on federal fund rates allowing the County to take advantage of the earning ability of these dollars while they are not being formally used.

Commr. Windram commented that Mr. Watkins, Clerk, acts as County Comptroller, and should be present for discussion concerning this matter.

Commr. Carson explained there are always three relatively large accounts out of which the current months bills are being paid. There are also certain state funds wh ic h must be kept in a demand account due to the State Statutes. Commr . Carson stated Lake County does not invest County funds outside of Lake County such as Federal Funds, Treasury Bills, etc., and has found this to be an advantage in that the local banks perform extra services for the County. Commr. Windram stated he was aware Mr. Watkins had met with some of the local banks and is in the process of consolidating several accounts with the exception of those required by law to be kept separate, which would allow more money to deal with and fewer accounts.

Commr. Smoak requested a policy statement for his information concerning investment policies, repurchase agreements, etc.

Further discussion occurred and Commr. Carson suggested Commr. Smoak discuss the matter with Mr. Watkins to obtain a better understanding of the present precedure.

FAIRGROUNDS

Commr. Windram read a letter requesting the Board furnish a permanent back drop on the east wall of the Expo Building along with other suggestions to enhance the building such as lowering the ceiling. The letter stated that many others would use the building if the accoustics were improved. The suggestions were made by persons involved with the Miss Eustis Pageant scheduled to take place soon.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Commr. Windram to discuss the matter with Mr. Smalt and the Fairgrounds Manager and act on the request as necessary.

MENTAL HEALTH/FUNDS-GENERAL/ACCOUNTS ALLOWED

The Chairman advised he had received a request from Lake Sumter Community Mental Health Center for a" advance in the amount of $80,000.00 which was budgeted for the Fiscal Year 1980-

1. Mr. Minkoff stated Mental Health had secured an amendment to their Enabling Act which allow wall local governments

to pay in lump sum payments at the beginning of the year. Commr. Smoak questioned if this was permissable or mandated, to which Mr. Minkoff indicated it was not mandated.

Commr . Carson stated he had received a call from Mr. Hargrove, Administrator, Mental Health Center, who advised that certain State and Federal sources from which the Center receives a portion of their money were behind in releasing funds and the Center needs the County funding to meet regular operating expenses. Commr . Carson advised Mr. Hargrove if the County approved the release of the funds it would be subject to the availability of the funds. Mr. Hargove indicated to Commr. Carson the Center could get along with less than the full $80,000.00 if the County was not in the financial position to release the full amount.

Commr . Deems stated the funds were available.

Commr .Carson moved the Board acknowledge and comply with the request and issue a check for the full $80,000.00. Commr . Deems seconded the motion. Under discussion, Commr. Windram questioned if the Board would be setting a precedent with other areas by this action. Commr. Carson stated he did not feel the Board would be because the amendment passed making this full advance payment legal was only for the Mental Health Centers of the State and other areas do not have this.

Commr. Smoak stated the difference between the cost to the citizens of Lake County by giving the lump sum in advance up front for twelve (12) months worth of service is the difference between the loss in income that the additional money could earn if it were dispensed on a quarterly or monthly basis. Commr . Smoak indicated he did not feel the Center could expend the entire twelve (12) month budget in one lump sum, therefore the Center would have surplus funds on which they would earn interest that would accrue to the agency. Commr . Smaok stated he felt if in fact the statute made it permissable rather than mandatory that the County release the full amount, the County would be better served to distribute the money on a monthly basis as in the past and to accrue the earnings of that additional money to the citizens of Lake County.

Mr. Minkoff advised the present contract is set up on a monthly payment basis, therefore if the Board approved the release of the entire amount, the contract would be amended.

The Chairman asked if there was further discussion. The motion failed with Commr . Deems and Commr. Carson voting YES and Commr. Smoak, Commr. Windram and Commr. Burhans voting NO.

BONDS - CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds and Cancellation of Bonds:

NEW BONDS

1500-81 Carl W. Stewart, Jr. d/b/a Cattle & Land Investments, Inc. (Residential Building h Swimming Pool Contractor)

1944-81 Ronad J. Lerch (Building)

1962-81 George J . Nash (Plumbing)

1963-81 Kevin N. Burkholder (Building)

1964-81 Lee T. Salmon (Painting)

CANCELLATIONS

641-71 Charles F. Howard (Masonry)

1615-78 George E . Hull d/b/a Hull Construction Company, Inc.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the December 15 through 19, and December 22 through 26, 1980, Distribution of Revenue for Traffic/Criminal Cases.

on a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously the Board acknowledged receipt of the Monthly Status Report for Youth Programs Inc. which covers the period from december 1, to December 29, 1980.

ACCOUNTS ALLOWED/GRANTS/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized payment to All American Construction Company, for Estimate No. 3, Project #22-80, Community Development Block Grant Funds. The motion also approved the signature of Commr. Deems and Mr. Watkins on the HUD Voucher #43 to draw down the funds for payment of this project, total amount being $59,315.00. Mr. Willett explained it was necessary for Commr. Deems to sign the voucher because the signature plates have not been received for Commr. Burhans as yet.

RECESS AND REASSEMBLY

At 1:55 P.M. the Chairman announced the Board would recess for five minutes before beginning Rezoning.

The Board reconvened at 2:00 P.M.

MENTAL HEALTH/CONTRACTS & LEASES 61 AGREEMENTS/ACCOUNTS ALLOWED

Commr. Smoak stated he had a copy of the agreement with the Lake Sumter Community Mental Health Center wh ic h states the payments from the County will be made on a monthly or quarterly basis as the parties may find convenient and indicated that according to the Finance Department no payments had been distributed at this point.

Commr. Smoak moved the Lake Sumter Community Mental Health Center be paid the monthly amount from the beginning of the contractual agreement which is October 1, 1980, on a monthly basis through the month of January, which would give them four months payment at this time and at the beginning of each month one twelth (l/12) of the funds be advanced to the Center. Commr. Windram seconded the motion. The motion was carried unanimously.

COMMISSIONERS

Commr . Smoak advised the members of the Board he would not be present at the next Regular Meeting on January 20, 1981, Commr. Smoak stated he would be in Washington D.C.

REZONING PUBLIC HEARING 127-80-5 A to RR Harvey H. Kemp

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning and Zoning Commission and postponed this case until February 10, 1981, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING #146-80-3 A to RP Clyde Rogers

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING #160-80-4 CP & R-l-7 to C-l or CP Frank Porter

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from CP (Planned Commercial) and R-l-7 (Urban Residential) to CP (Planned Commercial).

CLASSIFICATION OF USES Metal brokerage operating in A T.L. Weems

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

Mr. Grief, Land Development Manager, advised the Board this would be a recycling operation for non-ferous items.

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 denied the request.

PUBLIC HEARING CUP 11746-4 CUP in A T. L. Weems

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

On a motion by Commr. Windram, seconded b C o mm r . Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agriculture) for a metal brokerage operation.

PUBLIC HEARING #158-80-4 R-l-7 & RR to A Marilyn W. Harbeck

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

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

PUBLIC HEARING #157-80-4 A to AR Romona Crane

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

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

PUBLIC HEARING #150-80-4 A to CP Elizabeth A. Carter

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this case until February 10, 1981, at 2:00 P.M., or as soon thereafter as possible.

PUBLIC HEARING CUP#735-A-5 Amendment E. W. Beaudet

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

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the board upheld the recommendation of the Planning and Zoning Commission and approved the amendment of CUP #735-5 to include an additional 13 acres.

PUBLIC HEARING #161-80-l R-l-7 to RM George 0. Pringle

Mr. George O. Pringle, Applicant, appeared before the Board, requesting the case be postponed until February 27, 1981, or later because of the concerns of the residents of the area.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this case until March 10, 1981, at 2:00 P.M., or as soon thereafter as possible.

Mr. Robert Tuller, Silver Lake resident, addressed the Board stating that many residents of the area had made great effort to be present at this meeting and requested the Board not postpone the case. Mr. Tuller stated he felt Mr. Pringle's request for a postponement would only allow him unnecessary time.

After considerable discussion, the Board advised Mr. Tuller, of its policy to grant a postponement upon the first request which is the situation in this case, and stated the Board would honor their decision and policy.

PUBLIC HEARING #162-80-1 R-l-7 to R-l-5 Teresa L. O'Toole

No one present wished 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 and Zoning Commision and denied the request.

PUBLIC HEARING #159-80-l R-l-7 to R-l-5 Milton P. Welder

Mr. Welder addressed the Board stating his intentions were to place a mobile home on his property for his retirement.

After considerable discussion Commr. Carson moved to uphold the recommendation of the Planning and Zoning Commission and denied the request for rezoning. Commr . Deems seconded the motion and the vote was unanimous.

PUBLIC HEARING #155-80-l RR to RM Robert E. Scheman

No one present wished to discuss this case 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 denied the request.

PUBLIC HEARING CUP 11570-l Revoc. of CUP P & Z Staff

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for revocation of CUP 8570-l.

PUBLIC HEARING 11149-80-l A to RR J. Wayne Welch

No one present wished 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 and Zoning Commission and approved the rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING CUP #747-l CUP in C-Z Lee's Fleas

No one present wished 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 and Zoning Commission and denied the request for a CUP in C-Z for a mobile home caretakers residence.

PUBLIC HEARING #152-80-2 RP to R-l-5 A. Hugh Bourlay, III

No one present wished to discuss this case 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 rezoning from RP (Multiple- Family Residential-Professional) to R-l-5 (Mobile or Mixed Residential).

Commr . Smoak voted NO.

PUBLIC HEARING CUP #749 Q CUP in C-2 Robert M. Cottrell

No one present wished to discuss this case 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 a CUP in C-2 (Community Commercial) for a mobile home as a caretaker's residence, with the stipulation if the commercial operation should cease within six months the mobile home would be removed.

PUBLIC HEARING 11153-80-Z A to C-l or CP Marshall F. Woodward

No one present wished to discuss this case 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 postponed this case until February 10, 1981, at 2:00 P.M., or as soon thereafter as possible.

PUBLIC HEARING CUP #684A-2 Amend CUP James Bissell

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the amendment of CUP 11684-Z to revise the legal description.

PUBLIC HEARING #147-80-3 A to R-l-5 or R-1-15 Charles M. Hendrix

Mr. Hendrix was present and addressed the Board regarding this request Mr. Hendrix stated he had never requested rezoning to R-l-5, only to R-1-15.

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

PUBLIC HEARING #154-80-3 Site Plan Review in CP Jorge Quiroga

Jorge and Victoria Quiroga were present and explained to the Board their intention was to have their mobile home sales office and their residence (same structure) in the front of the sales lot with the mobile home park behind this. Mrs. Quiroga stated they had sold the mobile home they were living in and ordered a new one thinking their intention as previously stated was acceptable, now they have no place to put the new home unless this request is granted.

Commr. Smoak moved to overturn the recommendation of the Planning and Zoning Commision and grant the request for rezoning. The motion died for lack of a second.

After considerable discussion, Commr. Carson, moved to uphold the recommendation of the Planning and Zoning Commission and denied the request. The motion carried with a vote of four to one with Commr. Smoak voted NO.

PUBLIC HEARING #156-80-3 LM to RM Rev. Harold Storm

No one present wished 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 Planni ng and Zoning Commission and postponed this case until March 10, 1981, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING #515-80-3 A to C-2 or CP Joyce Thompson

No one present wished to discuss this case 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 denied the request.

PUBLIC HEARING #163-80-3 A to C-l, C-2 or CP Ernest K. Johnson

Mr. Johnson was present and explained to the Board he wanted to have a food take out and delivery service for the farm workers in the area.

As the discussion continued reference was made to the aerial photograph of Mr. Johnson's property at which time Mr. Johnson advised that the property outlined on the aerial was not his. Mr. Johnson indicated his property fronted on Highway 48. Mr. Willett stated the Department used the legal submitted by Mr. Johnson.

After considerable discussion, Commr. Smoak moved to deny the request based on the inaccuracy of the legal description. Commr. Carson seconded the motion which carried unanimously.

PUBLIC HEAKINC CUP #748-3 CUP in A Lake Jem Volunteers

No one present wished to discuss this case 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 denied the CUP.

PUBLIC HEARING

MUNICIPALITIES/ROADS-COUNTY, STATE

Mr. Frank Logel, City of Lady Lake, addressed the Board requesting the Board furnish an additional 1500 cubic yards of clay to finish work being performed on Arlington Avenue:, a street which lies partially within the City of Lady Lake and partially within the County but has never been maintained by the County.

Commr. Carson stated he recalled the the original request was made some months ago at which time the Board agreed to furnish the requested clay and transportation for hauling the clay providing the city would dig the clay, roll, mix and lay the clay on the road surface. Commr. Carson stated the only reason the Board agreed to provide the clay was due to a portion of the road being within the unmaintained area of the County.

Much discussion occurred, Mr. Loge1 explained that when the City received this cooperation from the County they began to look further into the improvement of this particular road and hired an engineering firm to advise them on the improvements. Mr. Loge1 indicated that the City spent in excess of their funds and cannot purchase the clay necessary to complete the road. Mr. Loge1 advised that the clay was the only work left to be done and after spending so much time, effort and money on the project it would not seen profitable to the County or City to allow the work to go uncompleted and possibly lose the road.

Commr. Deems explained this road had no priority with the County for road improvements and the County would not have started work on it.

Discussion occurred regarding selling the clay to the City on a delayed payment basis such as a period of one year to repay the County for the clay needed. The Mayor of Lady Lake advised he would present this proposal to the City Commission for discussion.

The Cheif Engineer of Springstead and Associates, Engineering Firm was present and commented to the Board concerning the road. Mr. Bruce Phillips stated it would require an additional 1500 cubic yards of clay to complete the road, both the County and City portions.

Commr . Carson made a motion that since the City had agreed to maintain the road at city expense, the County would allow the City of Lady Lake to dig from the County Clay Pit at the City's expense an amount of clay not to exceed 1500 cubic yards. Commr. Smoak seconded the motion and the vote carried unanimously.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 P.M.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

PAW