A REGULAK MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 10, 1981

The Lake County Board of County Commissioners met in Regular Session on Tuesday, February 10, 1981, at 9:00 A.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 Shirah.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the Special Minutes of September 11, 1980 as amended and corrected.

Commr. Smoak abstained from the vote due his taking office after September 11, 1980.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of February 3, 1981 as amended and corrected.

GRANTS

Commr. Burhans read a letter from the Department of Housing and Urban Development stating that Lake County's Preapplication in the Small Cities Community Development Block Grant Program for Fiscal Year 1981 had been denied.

MUNICIPALITIES/NURSING HOME/COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr Deems and carried unanimously, the Board approved the request from the City of Leesburg to utilize Lake County Property (East Leesburg Subdivision, Blocks G and H) for public parking during the Fun and Arts Festival which will be held on March 7 and 8, 1981. The motion also authorized the Chairman and the Clerk to sign the Agreement between the Board and the City of Leesburg for the parking as prepared by Mr. Ford.

VETERANS SERVICE/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Art Ragland, Veteran's Service Officer, to travel to St Petersburg March 22 thru 26, 1981 to attend an Educational Conference on Veterans Administration procedures in obtaining benefits for Veterans, wives, widows and children.

The mootion included the estimated cost of travel at $180.00.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Art Ragland, Veteran's Service Officer, to travel to Orlando February 17 and 18, 1981 to attend Affliate Meetings, State Association of County Commissioners of Florida Mid-Winter Conference as representative of the State Association of County Veteran Service Officers of Florida.

The motion included the estimated cost of travel at $55.00.

COMMUNICATIONS/SCHOOLS

Commr. Smoak stated the Lake County School Board has an I.B.M. Computer System which they are replacing and have offered this system to the County without charge if the County can corporate it into their system.

The Board authorized the Clerk to contact Mr. Marvin Styles, Lake County School Board and investigate the possibility of the County using the system, and report back to the Board.

COMMUNICATIONS

Commr. Windram read a letter from Polk County Board of County Commissioners regarding the State Association of County Aging Executives along with a billing statement for annual membership dues of $30.00.

The Board referred the letter to Mike Willett, Development and Public Works Director for review.

BONDS - CONTRACTOR

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

NEW BONDS

357-81 Jerry J. Smith (Specialty)

1970-81 David W. Loveridge (Residential)

1972-81 Neal Brandford d/b/a Neal Plumbing Company (Plumbing)

1973-81 Claude A. Howe (Building)

1975-81 Allen L. Jackson d/b/a Alecon Builders, Inc. (Residential)

1976-81 John Charles Roper (Mechanical Contractor)

CANCELLATIONS

1331-78 S. K. Brown d/b/a Kelly Brown Company

COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following items be deleted from the County's Fixed Assests List for the month of January, 1981:

Property # Item Reason

1353 Wooden Rocker Junked

1875 Hot Choc. Dispenser Junked

3107 ABC0 Wheel Chair Junked

4969 (10) Folding Chair Junked

5179 Sony Tap Recorder Junked

6098 Addo-X Adding Machine Junked

6100 Addo-X Adding Machine Junked

6872 Eureka Vacuum Cleaner Junked

The motion also authorized the Chairman to sign the County's Fixed Assets List.

REPORTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the January 19-23, 1981, Distribution of Revenue, Traffic/Criminal Cases Report.

BONDS/FIRE DISTRICTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted insurance bonds for each of the South Lake Fire District Commissioners.

ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved payment of $20.00 to John Dickerson, Architect, Inc. for services rendered January, 1981 (Prepared Health Facility Data Form and standard provisos as requested by HRS for Lake Memorial Nursing Home).

CONTRACTS & LEASES & AGREEMENTS/NURSING HOME/HOSPITALS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the agreement between Lake Memorial Nursing Home and Leesburg General Hospital to enable patients to be transfered to the Hospital from the Nursing Home when the patient's physican deems it medically appropriate.

BONDS - MOBILE HOME

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for Antrim Sundermin - District #2, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

BONDS - MOBILE HOME CANCELLATIONS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board cancelled the following mobile home bonds in that the conventional dwelling had been completed and the mobile homes removed from the properties:

Donald E. Banister

Charles Walter

Ray Bryant

James J. McClusky

Lloyd J. Brink, Sr.

PLANNING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request of Jeff M. Odom - Groveland Area -District #2 Case #81-3, for waiver of improvement requirements and plan requirements of the Subdivision Regulations, Section 62..60

GRANTS/CONTRACT & LEASES & AGREEMENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the Demolition Contract (Community Development Block Grant) for Martin Frances -Oakville Subdivision, Sorrento.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the City of Umatilla for the County's Public Works Department to scrape the dirt and clay roads in the City on a one-time maintenance at a cost of $240.00.

MUNICIPALITIES/PUBLIC WORKS/ACCOUNTS ALLOWED

Discussion occurred regarding the request from the City of Clermont for financial participation from Lake County in the City's 201 Facilities Plan.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved payment not to exceed $3,000.00 for the County's part of the preapplication cost for the City of Clermont 201 Facilities Plan.

The Board directed Mr. Willett, Development and Public Works Director to notify the City of Clermont in writing and clairify the feeling of the Board.

PUBLIC WORKS/POLLUTION

Mr. Max Judy, Realtor, Clermont appeared before the Board requesting a variance from the 50' setback requirement for septic tanks on lakes for Thomas Searles - Lake Louisa.

Commr. Smoak moved the variance be granted to Mr. Searles, Commr. Windram seconded the motion for discussion. The motion failed with Commr. Carson, Commr. Deems and Commr. Windram voting "No".

PERSONNEL/COUNTY EMPLOYEES/RESOLUTIONS

Mr. Glenn Timmons, Personnel Director appeared boefore the Board and presented the following list of County Employees who have given at least fifteen (15) years of service with the County and will be receiving a Resolution:

NAME DEPARTMENT YEARS OF SERVICE

John Walter Bates Public Works 20

Charles Cassidy Public Works 28

Norman T. Herschelman Public Works 21

Michale G. Murphy Public Works 15

Alice M. Neumann Nursing Home 19

Ray Newman Public Works 27

Colby Dodson Odum Public Works 18

James Woodrow Salter Ag Center 22

Myra Ann Smith Welfare 17

Joseph Lee Spires Public Works 27

Billy Stephens Public Works 20

Herbert C. Story Public Works 25

Jim Barney Sutton Public Works 23

Philip John Yoder Mosquito Control 25.

Mr. Timmons asked how the Board would perfer the Resolutions be presented to the Employees on the list.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Resolution form as presented by Mr. Timmons, and authorized Mr. Timmons to present the Resolutions to the Employees on the list.

MENTAL HEALTH/REPORTS

Reverend Terry Jackson, President, District III Mental Health Board, Inc., appeared before the Board and presented the Annual Report for 1979 80, Reverend Jackson expressed the District III Mental Health Board's appreciation for the help the Lake County Board of County Commissioners have given.

PROCLAMATIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the Proclamation proclaiming March, 1981, as Red Cross Month in Lake County.

CLERK/MUNICIPALITIES/ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the Clerk to pay Joseph and Elizabeth Quinn $841.87 (tax sale) less $480.78 to be paid to the City of Tavares for an unpaid lien.

PUBLIC WORKS/COUNTY POLICY

Discussion occurred regarding properties that were platted prior to the County's existing regulations, which requires roads be built within the development, etc. and the problems the County anticipates in the future, due to these subdivisions.

The Board directed Mr. Willett, Development and Public Works Director, to contact other Counties regarding their methods of handling similiar situations, and report back to the Board.

RECESS AND REASSEMBLY

At 11:40 A.M. the Chairman announced the Board would recess for lunch, and each Commissioner would lunch individually today At 2:00 P.M. the Board reconvened for Rezoning Hearings.

REZONING PUBLIC HEARING #127-80-5 A to RR Jarvey H. & Helen 0. Kemp

No one present wished to discuss this case witht 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 request for rezoning from A (Agricultural) to RR (Rural Residential).

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

Mrs. Judy Bracco and Mr. Stanley Case, area residents, appeared before the Board and stated they had no objections to the proposed development, however; they were concerned about what type of businesses would be allowed in the development.

Ms. Elizabeth Carter and Mr. Emory Williams, owners, appeared before the Board and stated they would have no objections to each proposed business being approved by 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 to (CP (Community Commercial, specifically for a laundromat with any future additional uses to be brought to the Planning and Zoning Commission and the Board of County Commissioners.

PUBLIC HEARING 11153-80-Z A to C-l or CP Marshall F, & Mary M. 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 denied the request to rezone to C -1 (Rural or Tourist Commercial) or CP (Planned Commercial).

PUBLIC HEARING #1-81-4 R-l-7 to CP or C-Z John W. Magan

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 approved the rezoning to CP (Planned Commercial).

PUBLIC HEARING 811-81-4 R-l-7 to C-Z or CP Russell W Harned

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

On a motion by Commr. Windram, seconed by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning to C-2 (Community Commercial).

PUBLIC HEARING #2-81-4 A to AR J. Brown & C. Davis

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 approved the rezoning to AR (Agricultural-Residential).

PUBLIC HEARING #12-81-5 A to AR Ponceannah Cemetery

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 accepted the written withdrawal of this case by the applicant.

PUBLIC HEARING CUP #751-5 CUP in AR Ponceannah Cemetery

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 accepted the written withdrawal of this case by the applicant.

PUBLIC HEARING 114-81-5 A to RR L. Kelly Wallace

Ms. Mary Jane Massey appeared before the Board representing Mr. Barney Dillard and read a letter from Mr. Dillard to the Board.

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

PUBLIC HEARING ACUP #275-5 Revocation or extension P & Z Commission (Staff)

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 the revocation of the ACUP.

PUBLIC HEARING #3-81-1 RR to C-Z or CP John P. Gust

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 to CP (Planned Commercial).

PUBLIC HEARING 115-81-l RR to R-l-5 D. H. Yale

Mr. Yale appeared before the Board and requested this case be withdrawn.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the board accepted the withdrawal of this case by the applicant.

PUBLIC HEARING 119-81-l RR to R-l-5 J. Sparkman Baas

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 postponed this case until March 3, 1981 at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING 117-81-l A to RR Naudain E. Walton

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 to RR (Rural Residential).

PUBLIC HEARING ACUP #7-70 Revocation or Extension P & Z Commission (Staff)

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 the revocation of the ACUP.

PUBLIC HEARING #10-81-2 LM & R-l-7 to M-l Louise Teeter

Mr. Steve Richey, Attorney, appeared before the Board representing Ms. Teeter, opposing to the Planning and Zoning Commission recommendation of the rezoning to LM instead of the requested M-l.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the rezoning to M-l (Heavy Industrial).

PUBLIC HEARING CUP 11752-Z Steven Plein

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 postponed this case until March 10, 1981 at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING 116-81-3 A to RM Ken Martin and J J. Peterman

Mr. Ken Martin appeared before the Board opposing the the Planning and Zoning Commissions recommendation to deny the RM (Mobile Home Residential) zoning as requested.

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 to rezone from A (Agricultural) to RM (Mobile Home Residential).

The Board directed Mike Willett, Development and Public Works Director, to look into the proposed revising of the Comprehension Plan starting with South Lake County.

PUBLIC HEARING #8-81-3 A to CP Lake Jem Volunteers

Mr. Zimmerman appeared before the Board requesting the rezoning.

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 to CP (Planned Commercial).

PUBLIC HEARING ACUP #7-70 Revocation or Extension P & Z Commission (Staff)

Mrs. Cleo Teate appeared before the Board and stated she did not hear her case come before the Board and requested the Board reconsider the action taken earlier.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to reconsider Case ACUP #7-70.

Discussion occurred.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board denied the request of the revocation of the ACUP and granted an extension.

PUBLIC WORKS/PURCHASING/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconed by Commr. Windram and carried the Board approved the request of Mike Willett, Development and Public Works Director, to purchase a 1973 Chevrolet Pick-Up Truck, not to exceed $650.00.

Commr .Burhans voted "No".

ROADS-COUNTY, STATE/PUBLIC WORKS/SIGNS

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

carried unanimously, the Board approved the renaming of Railroad Road to North Treasure Island Avenue, and directed the proper sign be errected.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:20 P.M.



Glenn C. Burhans, Chairman

James C. Watkins, Clerk

PAS Z-13-81