A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 5, 1982
The Lake County Board of County Commissioners met in Regular Session on Tuesday, January 5, 1982, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy Roy, Secretary.
The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Smoak.
TRANSFER OF CHAIRMANSHIP
At 9:05 A.M., Commr. Burhans announced the time had arrived to turn the Chairmanship over to the 1982 Chairman-Elect, Commr. James R. Carson, Jr. At this time the actual transfer of seats took place.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of December 15, 1981, as corrected.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the interlocal agreement with the town of Lady Lake as submitted by Norma Showley, Purchasing Agent.
BIDS/PURCHASING
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Purchasing Department to seal bid, on a County-Wide basis, gasoline delivered in tank wagon lots.
BIDS/COUNTY PROPERTY
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign a contract with Langley Fruit Company, highest bidder, to pick fruit on County owned groves at a figure of $7,225.00, with payment being made to the County prior to picking.
The Board directed Ms. Showley to contact Langley Fruit Company this date to advise them of the above and requested that this notice be followed up in writing as soon as possible.
Commr. Smoak requested that the record reflect that he has done business with all of the companies that had provided quotes and that he was presently doing business with Postal Colony in Clermont. Commr . Smoak stated that he had solicited the bids from these firms.
BIDS/JAILS/PURCHASING
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for Audio Systems of Florida, Inc., to completely install a fire alarm system at the Lake County Jail, as submitted in their proposal at a total cost of $38,070.00. Included in the motion was the stipulation that the approval was subject to the time frame required by Audio Systems of Florida, Inc., to install the system. The Board directed Ms. Showley to contact Audio Systems concerning the time frame that would be required and to report back to the Board.
The Board requested that John Dickerson supply the Board with the correspondence from the State Fire Marshall stating that approval of the fire alarm system was the responsibility of the Local Fire Marshall.
The Board directed Ms. Showley to correspond with the firms that had bid on this system advising them of the winning firm and thanking them for bidding on this project.
JAILS/COUNTY BUILDINGS/SHERIFF'S DEPT.
Mr. Watkins stated that a proposal had been received to convert the boilers at the Lake County Jail and the Old Courthouse Building to natural gas. The price for the conversion to the Sheriff's Department was $5,980, and the price to convert the Old Courthouse was $2,590, for a total cost of $8,570.00, complete.
Due to the time that had passed since receiving prices on natural gas had been substantial, the Board requested that new prices be obtained and brought back before the Board at a later date.
COUNTY BUILDINGS & GROUNDS
On a motion by Commr. Burhans, seconded by Commr. Smoak and
carried unanimously, the Board approved for the Old Courthouse to be connected with the alarm system at the Tavares Fire Department at an approximate cost of $200.00.
PUBLIC WORKS AGENDA
BONDS - MOBILE HOME
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request for George Gandy - Fruitland Park Area - 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.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for James W. Reece - Cassia Area - District #4 - 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 completion of the conventional dwelling or upon the request of the Board of County Commissioners.
PLANNING DEPARTMENT
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for Morse/Parker -Paisley Area - District #5 - Case #81-44 - for waiver of improvement requirements of the Subdivision Regulations -Section 62.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the request for C. A. Deems - Lady Lake Area - District 1 - Case #81-49, for waiver of improvement requirements of the Subdivision Regulations.
As petitioner, Commr. Deems abstained from discussion and voting on the foregoing item.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Paula Tabler - Paisley Area - District #5 - Case #81-47 -for waiver of improvement requirements of the Subdivision Regulations - Section 62.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board denied the request for John G. Brouwer -Astatula Area - District #3 - Case #81-48 - for waiver of improvement requirements of the Subdivision Regulations - Section 62. Mr. Brouwer was present to answer any questions the Board might have.
PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request of the Town of Lady Lake to rezone property owned by Edwin Padget from Agriculture to the Town of Lady Lake's zoning classification of R-2, Multi Family Residential (4,500 square foot lots). The property was annexed on October 5, 1981.
Commr. Deems abstained from discussion and voting stating that he was an adjoining property owner.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request of the City of Eustis to rezone property owned by the First Family Federal Savings and Loan Association of Eustis from Rural Residential to the City of Eustis' zoning classification of PD (Planned Development) with a density of 7.5 dwelling units per acre. The property was annexed on November 20, 1981. The Planning Department recommended approval of this request.
Commr. Windram abstained from discussion and voting on the above item stating that he was a member of the Board of Directors at First Family Federal Savings and Loan Association of Eustis.
PUBLIC WORKS/PURCHASING
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of a truck tractor from Heintzelmann's Ford at a cost of $21,060.00.
PUBLIC WORKS/PURCHASING
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board denied the request to obtain from Federal Surplus a used telephone pole truck. Commr . Smoak voted "NO".
ORDINANCES/PUBLIC HEARING
The Chairman announced that the Public Hearing regarding the Ordinance for an additional $1.00 for Law Enforcement Training scheduled for 1O:OO a.m., would be postponed for ten minutes.
PUBLIC WORKS AGENDA
ROPUBLIC WORKS/ROADS - COUNTY & STATE
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request of Benny Bronson for repairs to Sunset Drive at a cost of $225.00 on a one-time maintenance agreement.
BIDS/PUBLIC WORKS/ROADS - COUNTY & STATE
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board awarded Bid #l-82, Design and Build Construction Lump Sum 4-3784 Azalea Avenue, 4-3786 Palm Avenue, 4-3685 Pine Drive, 4-3785 Orange Avenue, 4-3886 Magnolia Avenue, and 4-3585 Palmetto Drive to Superior Asphalt Company as recommended by the Public Works Department for a 6" soil cement base and double surface treatment at a cost of $105,165.62.
PUBLIC WORKS/ROADS - COUNTY & STATE
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request to release Road Reservations from DOT contained in the following Deed Numbers:
#1360, all but 25 feet from the centerline of Fran-Mar court. Department has letter of recommendation from the City of Clermont.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for travel from Ted Wicks, Director of Pollution Control, to attend an Environmental Short Course on Stormwater and Landspread Applications January 14, 1982, Tampa Airport, Tampa, Florida, at a cost of $56.00.
ORDINANCES/PUBLIC HEARING
At 1O:lO A.M. the Chairman announced that the previously postponed time had arrived for the Public Hearing considering adoption of an Ordinance amending Ordinance 1981-4, increasing to $2.00 the amount assessed in criminal proceedings in addition to all other costs for use in Law Enforcement Education and Training. It was noted the proper proof of publication was on hand and had appeared in the December 16 and 29, 1981 editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to place the Ordinance on the floor for its first and final reading:
AN ORDINANCE AMENDING ORDINANCE 1981-4 FOR THE PURPOSE OF INCREASING TO $2.00 THE AMOUNT TO BE ASSESSED IN CRIMINAL PROCEEDINGS IN ADDITION TO ALL OTHER COSTS FOR USE IN LAW ENFORCEMENT EDUCATION AND TRAINING: PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved adoption of the said Ordinance, Number 1982-1, as read by title only, on its first and final reading.
BONDS-CONTRACTOR
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously the Board approved the the following new Contractor Bonds:
3017-82 Douglas Timmerman (Residential)
3018-82 George W. Klokis d/b/a George's Plumbing Co.
(Plumbing)
LICENSES AND PERMITS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the following Gun Permits and Bonds:.
Charles L. Broadway - Renewal of Gun Permit and Bond
Leola Gamble - Renewal of Gun Permit and Bond
James Norris - New Application for Gun Permit and Bond
Delace L. Schwarz - Renewal of Gun Permit and Bond
Clellan E. Sea - Renewal of Gun Permit and Bond
COMMITTEES/APPOINTMENTS
Commr. Smoak informed the Board that he had received a memorandum from the Board Office stating that Fred McDowell was requesting that the Board consider nomination of Mr. Richard J. Gano to the South Lake Aviation Authority.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved appointment of Mr. Richard J. Gano to the South Lake Aviation Authority.
ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to pay warrants #20476
through #20836 as follows:
General Revenue Fine & Forfeiture
County Transportation Trust Mosquito Control
Aquatic Weed Northeast Ambulance
Northeast Hospital Northwest Ambulance
Section 8 CETA
COR Buildings Landfill
Nursing Home
REPORTS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the November 30, 1981, December 4, 1981, December 11, 1981 and December 18, 1981, Distribution of Revenue, Traffic/Criminal Cases.
REPORTS/FIRE DISTRICTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Comprehensive Annual Financial Report for the Northwest Lake County Fire District ending September 30, 1981.
REPORTS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt and requested copies of the St. Johns River Water Management District Annual Financial Audit for FY 1980-81.
FIRE DISTRICTS/REPORTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt and requested copies of the Annual Report for the South Lake Fire District, ending September 30, 1981.
CHECKS RECEIVED
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted Check #346788, in the amount of $996.52 from General Accident Fire & Life Assurance Corporation, LTD, settlement due to damage to Property #7531, Planning Department.
PUBLIC HEALTH/RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and Clerk to sign the Resolutions for Emergency Medical Services, Certificate of Public Convenience and Necessity for the following:
Northwest Ambulance District - Renewal of Certificate
Waterman Memorial Hospital Advance Life Support
Ambulance - Renewal of Certificate
Waterman Memorial Hospital Basic Life Support
Ambulance - Renewal of Certificate
PUBLIC HEALTH
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman and Clerk to sign the petition of admission to A. G. Holley State Hospital for James Mike.
COUNTY PROPERTY
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to delete the following items from the Fixed Assets and declare such property surplus:.
Property # Department Item
353 Surplus Typewriter Desk
335 Surplus Arm Chair
488 Surplus Steno Chair
8353 Surplus Monroe Printing Calculator
REPORTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman to sign the Questionnaire on Boundary and Annexation Survey as approved and as submitted by Emogene Stegall, Supervisor of Elections.
COMMITTEES/FIRE DISTRICTS/APPOINTMENTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following appointments and reappointments to the Fire District Commissions:
NORTHWEST FIRE DISTRICT - Mr. Conley Kidd - New Appointment
Mr. David Januchowski - Reappointment
PASCO FIRE DISTRICT - Accepted Resignation of John W. West
BASSVILLE FIRE DISTRICT - Mr. Douglas Webb - Reappointment
Mr. David M. Moseley, Reappointment
Mr. Roderick Buchanan - Reappointment
Mr. Oscar A. Desgalier - New Appointment
The Board directed that letters of appreciation be written to each of the Fire Commissioners who were resigning thanking them for serving on the various Districts.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board reappointed Mr. Callen to the Mt. Plymouth Fire District, effective through January of 1386.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted the resignation of Mr. Rushing from the Mt. Plymouth Fire District
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation of the Mt. Plymouth Fire District to appoint Mr. James M. Smith as replacement for the vacancy left by Mr. Rushing.
MUNICIPALITIES
Mr. Carlton Downing, former Mayor of the City of Groveland addressed the Board to thank them for their cooperation and helpfulness during his term as Mayor of Groveland. Mr. Downing also expressed thanks to Mr. Mike Willett and the Lake County Public Works Department for their cooperation.
ORDINANCES/PUBLIC HEARINGS
At 10:30 A.M. the Chairman announced the time had arrived for the Public Hearing regarding consideration for adoption of an Ordinance creating a Mobile Home Advisory Board. It was noted that the proper proof of public was on hand and had appeared in the December 16 and 29, 1981, editions of the Sentinel Star, Lake Little Sentinel.
The Chairman announced that he would read the Ordinance in order that everyone in the audience who had not received a copy could be familiarized with the proposed Ordinance. upon completion of the reading of the Ordinance, Mr. Hal Terrell, El Red Mobile Home Park, Tavares, Florida, addressed the Board concerning Section 4b of the Ordinance entitled Duties of Board. Mr. Terre11 stated that he felt the word "tenants" should be added to Section 4b of the proposed Ordinance.
In a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to amend Section 4b of the proposed Ordinance to read as follows:
b . To become apprised of disputes and disagreements between mobile home park owners and tenants, and where the owner or manager and tenant consent, to arbitrate such disputes.
Mr . Terre11 also stated that he felt a definition of "tenant", "owner" and "industry" were needed in the Ordinance. Commr . Carson and Chris Ford, County Attorney, explained the Board's intent of the word "industry" and stated Section 1 - Creation of the Mobile Home Advisory Board adequately defined the words "tenant" and "owner".
Mr. Burt Stevens addressed the Board and stated that it was his feeling that the word "industry" should remain as set forth in the Ordinance to include all phases of the mobile home operations.
Chris Ford stated that if the Board wished to clarify the residents' question regarding the definition of the words "tenant".and "owner" that Section la could be amended to included the statement "who are not mobile home park owners or managers".
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to amend the proposed Ordinance as follows:
Section 1. Creation of Mobile Home Advisory Board.
The Lake County Mobile Home Advisory Board shall consist of (five) (seven) members to be appointed by the Board of County Commissioners as follows:
a . Two members shall be mobile home park residents, who are not mobile home park owners or managers.
Mr. Roger Jones of Griffwood addressed the Board and stated that it was his feeling that only one member of the Board should be a person with no interest in or affiliation with mobile home parks.
Mr. Calvin Newhart addressed the Board and questioned Section 2 of the proposed Ordinance regarding removal of members by the Board of County Commissioners. Chris Ford explained this section of the Ordinance to Mr. Newhart and the need for the removal clause.
Commr. Windram stated a concern over the portion of the Ordinance prohibiting members from serving consecutive terms of office. Mr. Burt Stevens stated as a member of the committee to formulate the Ordinance that questions had arisen concerning this section and the committee had come to the conclusion that this was beneficial to the Ordinance.
Mr. Ford recommended that the Board and audience address the section of the proposed Ordinance stating that appointment of members shall be made at the first regularly scheduled meeting in January. Mr. Ford recommended that the Board allow one month to accept applications for members and the Ordinance be amended to read that the appointment of members shall be made at the first regularly scheduled meeting in February.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously the Board approved to amend the Ordinance to read that appointments in 1982 would be made at the first regularly scheduled meeting in February and that resumes for potential members would be accepted through January 26, 1982.
Mr. Burt Stevens addressed the Board and stated that in the many meetings of the formulating committee they had discussed at length the size of the Board being five (5) or seven (7) members and that it was the recommendation of the formulating committee that seven (7) members be appointed to the Board.
The Chairman asked for a show of hands from the audience on their recommendation on the size of the Board. The audience indicated from their show of hands that a seven (7) member Board was recommended.
ORDINANCES/PUBLIC HEARINGS
The Chairman announced that it was necessary to postpone the Public Hearing scheduled for 11:OO A.M., for fifteen (15) minutes, until 11:15 A.M., regarding an Ordinance setting fees at the Lake County Landfills.
ORDINANCES/PUBLIC HEARINGS
Christopher Ford explained to the audience Chapter 286, Florida Statutes in regarding to Financial Disclosure and the basic intent of the Sunshine Law.
The Board informed the audience that they would request the area mobile home park residents and owners submit their recommendations for nominees to the Board. The Board also asked that individuals interested in serving on the Board submit resumes to the Board of County Commissioners Office. Christopher Ford stated that the Board would like a general resume and the reason the applicant would like to serve on the Board.
Rachael York, Corley Island, questioned the need for financial information. Chris Ford stated that no financial information would be required on the resumes; however, to comply with Florida Law a financial disclosure statement might be required for the members of Board to comply with State Law. Mr. Ford stated that this would be researched and potential members would be advised of the findings.
Mr. Amos Bruch addressed the Board concerning whether or not the proposed Board would be able to follow up on complaints in which the State Attorney's Office could not take to Court. Mr. Ford stated that he felt that the State Attorney's Office would be much better equipped to handle the investigations and would suggest that the Board assist them by giving them any information the Board might have concerning investigations through the State Attorney's Office. Mr. Ford stated that he did not feel the Board would be taking cases directly to Court.
ORDINANCES/PUBLIC HEARINGS
The Chairman at this time postponed the Public Hearing previously postponed until 11:15 A.M., until 11:30 A.M.. The Chairman announced that the Public Hearing to consider the Ordinance setting fees for the Lake County Landfills would be heard at 11:30 A.M.
ORDINANCES/PUBLIC HEARINGS
Mr. Burt Stevens addressed the Board concerning the previous conversation on investigations and court action by the proposed Board and stated that this was addressed in the Tenant-Landlord Bill, Chapter 83, whereby the State Attorney was obligated by Statute to pursue any complaint of any kind of a legal nature and he felt that this Board would have no jurisdiction in this matter.
Mr. John Creighton, Hawthorne, addressed the Board to thank the Commission and Mr. Burt Stevens and the formulating committee for getting the Board formulated in Lake County.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the proposed Ordinance to read that the Mobile Home Advisory Board would contain seven (7) members of which three (3) members would have no interest in or affiliation with mobile home parks.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the amended Ordinance was placed on the floor for its first and final reading:
AN ORDINANCE CREATING A MOBILE HOME ADVISORY BOARD;
PROVIDING FOR TERM OF OFFICE; FILLING OF VACANCIES; AND REMOVAL OF BOARD MEMBERS; PROVIDING DUTIES OF THE BOARD; PROHIBITING EXPENDITURE OF COUNTY FUNDS; PROVIDNG FOR DISSOLUTION; PROVIDNG A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board moved the adoption of the amended Ordinance, Number 198'2-2, as read by title only, on its first and final reading.
ORDINANCE/PUBLIC HEARINGS
The Chairman announced that the previously postponed time had arrived for the Public Hearing regarding consideration of an Ordinance setting the fees at the Lake County Landfills. It was noted that the proper proof of publication was on hand and had appeared in the December 16 and 29, 1981, editions of the Sentinel Star, Lake Little Sentinel.
Commr . Smoak requested that the County Attorney's Office research the possibility of setting the fees by Resolution in order that there is no time lapse between the time the fees are set and the Ordinance is passed.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Ordinance was placed on the floor for its first and final reading:
AN ORDINANCE AMENDING ORDINANCE 1972-2 RELATING TO REFUSE AND GARBAGE DISPOSAL, TO ESTABLISH A FEE SCHEDULE, TO PROVIDE FOR ESCROW DEPOSITS, TO PROVIDE THAT FUNDS DEPOSITED FOR USE OF SITES NOT BE INVESTED, PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board moved the adoption of said Ordinance, Number 1982-3, as read by title only, on its first and final reading.
PLANNING DEPARTMENT
Commr . Windram stated that he had been approached by a resident concerning Variance of Subdivision Regulations, Case #81-45. Commr. Windram stated that one of the masons he was denied the variance was due to a lack of legal access to the property and a concern due to the distance from a paved road. Commr . Windram stated that the resident had stated a desire to pursue this regarding obtaining legal access and to bring the case back before the Commission.
Mr. Willett, Director of Development and Public Works, stated that this case had not come before the Commission due to the fact that the applicant did not have legal access to the property. It was the opinion of the Commission that because this was a timely application that was not brought before the Board that the Board would consider the variance providing legal access was obtained.
RESOLUTIONS/SCHOOLS
Commr . Carson stated that a Resolution had been received from the Lake County School Board requesting the Board of County Commissioners to place upon the September, 1982, Primary Election Ballot the question so as to obtain an expression of elector sentiment with respect to whether or not the School Board of Lake County should levy the optional 2 mill levy for Captial Outlay purposes for fiscal years 1982-83, 1983-84 and 1984-85 allowed by Florida Statutes 236.25(2).
Commr . Burhans moved that the request be rejected. Commr . Deems questioned the County Attorney whether the Commission could legally deny a request to place an item on the ballot. Chris Ford stated he was not sure if the Commission could legally reject the request and that he would have to research the matter. The motion died for lack of a second. The County Attorney's Office was requested to research whether or not the Commission could legally reject a request from a Governmental Agency to place an item on the ballot. The Chairman announced that this item would be postponed until the January 19, 1982, regular meeting.
RECESS AND REASSEMBLY
At 11:50 A.M. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually today.
The Board reconvened at 2:00 P.M. for Code Violations.
CODE VIOLATIONS
PUBLIC HEARING ZV-81-333 - Bryon Neeley
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Neeley in violation of Ordinance 1970-l; Section 2 and granted Mr. and Mrs. Neeley fifteen days to comply.
PUBLIC HEARING ZV-81-350 - ED KELL
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board found Mr. Kell in violation of Ordinance 1970-l; Section 2 and granted him thirty days to comply.
PUBLIC HEARING ZV-El-351 - John Hannah
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board declared Mr. Hannah in violation of Ordinance 1971-6; Section 70-230 and granted him thirty days to comply.
Mr. Sexton, Planning Department, informed the Board that they had received information that Mr. Hannah had left the State and that he had his property for sale by a local realtor and that the realtor had been informed of the violation.
PUBLIC HEARING ZV-81-353 - Dave Summers
No one present wished to discuss this case with the Board. On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board declared Mr. Summers in violation of Ordinance 1971-6; Section 60.110 and granted him thirty days to comply.
PUBLIC HEARING ZV-81-365 - Spyros K. Siokas
Mr. Siokas was present to discuss this case with the Board. Mr. Siokas stated that a long-time resident of Lake County was present to confirm his case that the residence in question had been a duplex since being built in 1941 and should be grandfathered in. Mr. Kenneth Lee Jones of Groveland addressed the Board and stated that he had lived in the Groveland area for twenty years. Mr. Jones stated that the house was built as a duplex in 1941 by a Mr. Jouse and has always been used as a duplex.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board declared that the violation did not exist due to the above facts and dismissed this case.
PUBLIC HEARING ZV-82-05 - Executive Cars, Inc.
Trisha Allen, Secretary with Executive Cars, Inc. was present to answer any questions the Board might have concerning this case. On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared Executive Cars, Inc., in violation of Ordinance 1977-3; Section 3 and granted them five days to comply. Ms. Allen was informed of the necessary procedures in order that Executive Cars, Inc. could bring these signs into compliance.
PUBLIC HEARING ZV-82-07 - JoAnn Turner
Mr. Dale Turner was present to discuss this case with the Board. Mr. Willett, Director of Development and Public Works explained that Lake County could not inspect Mr. Turners addition to his mobile home because he had used a separate mobile home as the addition and the County was prohibited to inspect mobile homes with additions other than conventional additions and that Mr. Turner had attached two small mobile homes to a principle dwelling unit.
Mr. Turner stated that he had completed the addition in order to comply with minimum square footage required.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board postponed this case for sixty days in order that Mr. Turner could work with Mr. Sexton in trying to obtain a State Inspector to inspect the work done by Mr. Turner.
ORDINANCES/PLANNING DEPARTMENT
Discussion occurred regarding the proposed Ordinance to increase the square footage to 12,500 to lots of record. Mike Willett stated that he had scheduled a meeting in his office for Friday, January 8, 1982, at 5:00 p.m. to discuss the proposed Ordinance with persons who had requested a meeting to discuss the Ordinance
Commr . Carson questioned whether the Ordinance would apply to Subdivisions presently developed. Mike Willett stated that it would be very difficult to grandfather in subdivisions already under development without seriously minimizing the intent of the Ordinance to restrict development in substandard subdivisions.
Mike Willett stated that as the Ordinance presently read each subdivision would be treated the same and the variances would be looked at on an individual basis on requests to build in platted subdivisions.
Mr. Willett stated that this would come before the Planning Commission on January 20, 1982.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of December 8, 1981, as corrected.
Commr. Smoak requested that the letter to Mr. Giddens regarding Condition Use Permit 708-3 to be written by the County Attorney's Office include a request for a reply from Mr. Giddens. Chris Ford informed the Board that the requested letter had been sent to the FCC concerning the petition received from residents of Lake County regarding the proposed tower.
LAWS AND LEGISLATION
Commr. Burhans informed the Board that he had received a letter from Mr. Gerald Thompson requesting each County Commission have a representative present during the upcoming Legislative Session addressing the one-half cent sales tax.
Commr. Carson informed the Board that the League of Cities had made the move to present a united front to the Legislature in the upcoming session along with the Counties concerning the sales tax.
COMMITTEES/MENTAL HEALTH
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved appointment of Judge Roy Caldwell to the District III Mental Health Board.
ANIMAL SHELTER
Chris Ford informed the Board that a replevn action had been filed on January 4, 1982, concerning the resident in Mt. Plymouth who was refusing to return the County dog trap. Commr. Windram stated that he had unsuccessfully tried to contact Mr. Floreno and was working with Frankie Thorpe, Animal Shelter, concerning getting the trap back.
COMMITTEES/FIRE DISTRICTS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board directed that letters be written to members of the Bassville Fire District who would not be serving terms of office in 1982 expressing appreciation for their service.
COMMUNICATIONS
Commr . Carson stated that he had received a letter stating that Congressman McCollum would be at the Orlando City Hall on January 6, 198'2, from 9:00 a.m. until 3:00 p.m.
Commr . Carson requested that the letter received from Mr. Overstar, Member of Congress, regarding the Subcommittee on Economic Development of the Committee on Public Works be forwarded to Mike Willett to complete.
INSURANCE
Commr. Carson informed the Board of an upcoming increase in the County insurance rates and stated when the particulars were known that he would report back.
FIRE DISTRICTS
Discussion occurred regarding the various fire districts in Lake County and their effectiveness in relation to the funds allocated for the districts. Commr . Smoak stated that many fire districts worked with local cities under interlocal agreements in order to increase their efficiency and stated that this needed to be looked into in Lake County.
CONTRACTS, LEASES AND AGREEMENTS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and Clerk to sign an interim agreement with Quality Petroleum for use of warehouse space as approved by the County Attorney's Office.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney's Office to negotiate the Option on the Petroleum Bulk Plant with Quality Petroleum as representative of the Board.
ACCOUNTS ALLOWED/ATTORNEYS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for Sandy Minkoff, County Attorney's Office, to attend a Zoning Seminar at an approximate cost of $125.00 to $150.00 on January 29, 1982 in Orlando, Florida.
COMMUNICATIONS
Chris Ford stated that parties concerned with the conversion of Hawthorne at Leesburg had requested a letter from the County Attorney's Office stated that they were in complete compliance. Mr. Ford informed the Board that he had advised the attorneys that the County did not supply a blanket letter of this sort.
Commr. Windram questioned the type of conversion was in the works. Mr. Ford stated that it was a conversion to either condominium or co-operative.
SUITS AFFECTING THE COUNTY
Chris Ford, County Attorney, informed the Board of a suit received by Commr. Carson during the lunch period concerning a person charged with a crime suing Lake County, Malcolm McCall, the person who made the charges and the persons father who made the charges basically stating that the charges were unfounded, the Sheriff's Deputy arrested him improperly, falsley imprisoned him and various other charges. Mr. Ford stated that he would report back to the Board after he had more knowledge of the facts. He also stated that he would inform Sherry Puckett to inform the County's insurance firms of this suit.
COMMUNICATIONS
Mr. Watkins informed the Board that Bob Young of the High Twelve Masonic Club had invited all members of the Board to participate in a program on St. Patrick's Day, March 17, 1982, at noon. Mr. Watkins was directed to inform Mr. Young that at least one of the Commissioners would be present for the activities.
'There being no further business to be brought before the Board, the meeting adjourned at 3:50 P.M.
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS, CLERK
CBR/1/7/82