A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 13, 1982
The Lake County Board of County Commissioners met in Regular Session on Tuesday, July 13, 1982, at 9:00 A.M. in the 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: Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.
The Invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Deems.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of July 6, 1982, as corrected.
BUDGETS/COURTS
Mr. Fred Hooten, Court Administrator, appeared before the Board on behalf of Ernest C. Aulls, Jr., Chief Judge, Fifth Judicial Circuit, to discuss the request for funding for a county probation office. Mr. Hooten extended to the Board Judge Aulls' apologies for not being able to attend the meeting.
Mr. Hooten stated that each of the Board Members had received a copy of the Community Services Alternatives Handbook which outlines a county probation office. The Board discussed the cost of the supervision for the program. Mr. Hooten stated the funds received by the County for supervision (whether the supervision is done by the County or another agency) would go into the County's general fund.
The Board further discussed the insurance liability of the program to the County. The Board discussed the ability to use workman's compensation on persons who are not employees of the County.
Due to the scheduled items on the agenda, Commr. Carson requested any further discussion be postponed and asked if Mr. Hooten could address the Board after the Rezoning hearings this afternoon. Mr. Hooten stated he would be able to come back this afternoon.
FUNDS-GENERAL/ROADS-COUNTY, STATE
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved execution of the voucher for transfer of funds from the Department of Transportation on Project #9-82, Widening of SR 450 in the amount of $4,662.00 and Project #4-82, Widening & Resurfacing of C-561 in the amount of $7,764.74 (Total amount of voucher - $12,426.75).
PUBLIC WORKS/ROADS-COUNTY/STATE
Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss the meeting he had attended regarding bringing the roads in Astor Forest Campsites up to County standards. He stated the property owners did not want to go through the lien assessment process. He stated the property owners wanted to raise the money through donations. He further stated the property owners want a clay road.
Mr. Bill Brooksfield, developer, was present to question the time frame of the project. Mr. Willett stated there was another meeting being held on July 17, 1982, and he recommended the Board give the property owners between 30 to 60 days to come up with the money in order to bid it in one job. It was noted Mr. Brooksfield had submitted his portion ($27,000) for road improvements.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for Mr. Willett, Development & Public Works Director, to write a letter to Mr. Brooksfield, stating the County commits to finishing Mr. Brooksfield's portion of the road improvements (up to County clay standards at this time) from the end of the present paving to Buckeye Street no later than six (6) months from today (July 13, 1982).
PLANNING DEPARTMENT
Mr. Jerry Sexton, Planning & Zoning Coordinator, addressed the Board to discuss a potential application for a Community Development Block Grant from the Department of Housing & Urban Development. Mr. Sexton discussed the following four (4) proposed areas:
Whitney/Montclair area
Eustis area
Sorrento area
Okahumpka area
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the Planning Department to prepare an application for a grant of $500,000 listing the four (4) projects as presented by Mr. Sexton.
At this time Mr. Jerry Sexton, Planning & Zoning Coordinator, introduced Mr. Bob McAuley, the new Building Official, to the Board.
FAIRGROUNDS/COUNTY POLICY
Commr. Smoak informed the Board there has been some questions regarding the deposit fee in the new fee schedule at the Fairgrounds. Commr. Windram informed the Board he had spoken with Mr. John Whitacker and Mr. Whitacker suggested a deposit of 20% of the minimum rental rate per day instead of paying the whole amount in advance.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the policy at the Fairgrounds be changed to require anyone reserving the Fairgrounds to put up 20% of the minimum rental rate at the time of signing the contract and the balance of the rental being due no later than thirty (30) days prior to the event.
CETA
Mr. James Flowers, Ceta Director, addressed the Board to discuss the fiscal year 1983 Preliminary Ceta Grant.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman to sign the fiscal year 1983 Preliminary Ceta Grant.
CETA/AUDITS
Mr. James Flowers, Ceta Director, addressed the Board to request to close selected past Ceta audits. He informed the Board of the following final Florida Balance-of-State's determination:
Audit Final Disallowance Per
Year Final Determination
1976 $ -0-
1978 23.00
1981 (Title IID & VI) 56.00
$79.00
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board accepted the Florida Balance- of-State's Final Determination and authorized the payment of $79.00 to the Florida Balance-of-State for the disallowed costs. Mr. Flowers gave a brief report on the progress on other audits.
PUBLIC WORKS/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #017-82, Security Fence - Minneola Maintenance Barn, to Quaid Installation of Orlando in the amount of $8,205.00 (low bid).
PURCHASING
MS. Norma Showley, Purchasing Agent, addressed the Board to discuss seal bidding for oil. She stated she had spoken with several of the vendors (Gulf Oil, Amoco, etc.) and they felt it would not be to the County's advantage to advertise for bids but to continue with obtaining quotes like it has been done in the past. Mr. Chris Ford, County Attorney, stated he felt Ms. Showley was purchasing the oil in the best way for the County.
FAIRGROUNDS
Commr. Smoak informed the Board he had met with the Fair Board and had obtained their recommendations on the priority items at the Fairgrounds. Commr. Smoak stated they gave the following as priority items:
1. Removal of the Heritage Square Building and the Smith Theater,
2. Installation of a fence around the pond.
Commr. Smoak recommended the Board direct Mr. Willett, Development & Public Works Director, to get some values on the Heritage Square Building and the Smith Theater and see if the buildings can be sold and yet figures on the cost of chain link fence for the pond and come back to the Board with a recommendation.
HOSPITALS
At 10:30 A.M. the Chairman announced the time had arrived to
interview architects who submitted proposals to provide architectural services for the proposed ambulance facility and morgue.
The following architectural firms were present for the preliminary interview:
Mr. John Dickerson - John S. Dickerson Architects, Inc.
Mr. John DelPrete representing Paul Robin John, Architect.
Mr. Davidson representing Louis C. George, Architect.
Mr. James King - Jones King Associates Architects, Inc.
Mr. Nick Jones - Nick Jones & Associates Architects/Planners, Inc.
Commr. Carson informed the Board the next procedure in the interview would be to rank the the top three firms to be interviewed individually to negotiate fees.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board nominated Mr. Nick Jones of Nick Jones & Associates, to be placed as number one on the priority list for negotiations.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board nominated Mr. John Dickerson of John Dickerson Architect, Inc. to be placed as number two on the priority list for negotiations.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board nominated Mr. Louis George, Architect, to be placed as number three on the priority list for negotiations.
At this time Mr. Nick Jones addressed the Board to begin negotiations. Mr. Jones informed the Board his normal rate was 6% but he was asking for a 1% fee. He stated included in the fee were the plumbing, air conditioning engineering. He stated the fee did not include blue printing cost (over three copies) or civil engineering. He stated he would be willing to offer civil engineering as a reimbursable service. Mr. Jones suggested the Board should consider some contingency funding on the project.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board accepted Mr. Nick Jones of Nick Jones & Associates to provide architectural services for the proposed ambulance facility and morgue subject to review and acceptance of the contract presented.
Commr . Carson voted "No".
RECESS & REASSEMBLY
At 12:15 P.M. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 P.M. for Rezoning.
REZONING
PUBLIC HEARING #59-82-5 R-l-7 to CP N. Perry & M. Sims
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 & Zoning Commission and approved rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial).
PUBLIC HEARING #61-82-4 Amend MP or Rezone to M-l A. Russell
Caine
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 upheld the recommendation of the Planning & Zoning Commission and approved to amend MP (Planned Industrial).
PUBLIC HEARING #57-82-4 RR to R-l-5 James & Deborah Carroll
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 upheld the recommendation of the Planning & Zoning Commission and approved rezoning from RR (Rural Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #66-82-4 A to RR Lawrence C. Towne
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 approved the recommendation of the Planning & Zoning Commission and approved rezoning from A (Agricultural) to RR (Rural Residential).
PUBLIC HEARING #69-82-4 R-l-7 to C-2 E. L. Williams
Mr. E. L . Williams, petitioner, was present to object to the Planning & Zoning Commissions' recommendation of denial.
Mr. Donald Welke addressed the Board in favor of the denial. He stated he would not like to have a convenience store next to his property.
Mrs. LaRoe and Mrs. Edna Matousek were also present to object to the rezoning.
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning & Zoning Commission and approved rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial).
Commrs. Smoak and Burhans voted "No".
PUBLIC HEARING #70-82-4 Add retail sales in CP Harvey L.
Spears
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 & Zoning Commission and approved to add related retail sales in CP (Planned Commercial).
PUBLIC HEARING #64-82-4 R-l-7 to CP Charles Coppinger
Mr. Ted Miller, representing the seller of the property, was present to object to the Planning & Zoning Commissions' recommendation of denial. Mr. Les McGonigal, husband of the owner, also addressed the Board in favor of the rezoning.
Mr. Jimmy Connor addressed the Board in favor of the Planning & Zoning Commissions' recommendation for denial. He further stated he was also representing Mr. James Connor, his father, and Mr. Russell Weiss (adjacent property owners). Mr. Connor stated the main issue was the proposed steel building affecting the property values of surrounding property.
Mr. Russell Weiss and Mr. James Connor, also addressed the Board in favor of the denial.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and denied the rezoning from R- l-7 (Urban Residential) to CP (Planned Commercial).
PUBLIC HEARING #54-82-l Amend CP John Mangan
No one present wished to discuss this case with the Board.
Commr. Windram made a motion, which was seconded by Commr. Deems to uphold the recommendation of the Planning & Zoning Commission and approve to amend CP (Planned Commercial) zoning to include an office building complex.
Under discussion, Mr. Jerry Sexton, Planning & Zoning Coordinator, informed the Board the Planning Department requested the petitioner provide a 50' right-of-way and the paving of 24' of that right-of-way. He stated the right-of-way would go for the full length of frontage on U.S. 441 to include the credit union for the purposes of providing a future continuation of the parallel access road started by Pioneer Construction near Tavares.
Mr. Bob Farner, Hall, Farner & Associates, representing Mr. Mangan, was present to discuss this case with the Board. He stated they would be willing to dedicate an easement. Mr. Sexton stated the Planning Department would prefer a right-of-way deed.
Mr. C. S. Pettyjohn, Planning & Zoning Commissioner, also
addressed the Board to discuss this case.
Mr. Ford, County Attorney, suggested the case be postponed in order for the Planning Department to review the entire parcel which is zoned CP (Planned Commercial).
Commr. Windram withdrew his motion and Commr. Deems withdrew his second.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until August 10, 1982, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING #55-82-3 A to CP P & Z Staff
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved rezoning from A (Agricultural) to CP (Planned Commercial) for a fire station.
PUBLIC HEARING #53-82-l R-l-l to RP Robert Hamel
No one present wished to discuss this case with the Board.
Mr. C. S. Pettyjohn, Planning & Zoning Commission, informed the Board that he instructed the deed restrictions be placed in the zoning folders for informational purposes only.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission, and approved rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential- Professional).
PUBLIC HEARING #65-82-l R-l-7 to CP Ken Haines
Mr. Jackson, representing the petitioner, was present to
object to the Planning & Zoning Commissions' recommendation of
denial. He stated he had a petition with 27 signatures in favor of the rezoning. He further stated the wood would be cut on site and then the wood would be brought to the property to be stored.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning & Zoning Commission and denied the rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial).
Commr. Smoak voted "No".
PUBLIC HEARING #68-82-5 A to RMRP and C-l Murray Golub
Mr. Paul Haskins, real estate agent representing the petitioner, addressed the Board in objection to the recommendation of denial. Mr. Haskins gave a presentation consisting of slides and displays to show the condition of the property and explained how the petitioner would like to develop the property into a mobile home rental park. He also showed slides of surrounding mobile home rental parks.
Mr. Ross Van Dellan, property owner in the area, addressed the Board in favor of the denial. Mr. Van Dellan stated he was opposed to the population density that would occur should the zoning be approved.
Mr. Ted Wicks, Pollution Control Director, informed the Board that the existing County Ordinances should adequately protect the wetlands on the property.
on a mot AMENDED MINUTES seconded by Commr. Smoak and
carried, the SEE nendation of the Planning &
Zoning Commis AUGUST 10, 1982 ning from A (Agricultural)
to RMRP PAGE 351 (Mobi ntial).
Commrs. Carson and Windram voted "No".
PUBLIC HEARING CUP #824-5 Class. of Uses in A Daniel &
Claudia Janis
Mr. Daniel Janis, petitioner, was present to answer any questions the Board might have.
Commr. Burhans made a motion, which was seconded by Commr. Deems to overturn the Planning & Zoning Commissions' recommendation of approval and deny the rezoning.
Commrs. Carson, Smoak, and Windram voted "No"; therefore the motion failed.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning & Zoning Commission and approved Classification of Uses in A (Agricultural) for custom meat house and CUP in A (Agricultural) for meat house.
Commr. Burhans voted "No".
PUBLIC HEARING #67-82-l RR to A Helen R. Cottom
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved rezoning from RR (Rural Residential) to A (Agricultural).
PUBLIC HEARING CUP #823-l CUP in RR Stanley Ricker
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and appproved a CUP in RR (Rural Residential) for a private road.
PUBLIC HEARING #60-82-l RR to R-1-5 Eunice Bowman
Mr. Walter Bowman, petitioner, was present to object to the Planning & Zoning Commissions' recommendation of denial.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and denied rezoning from RR (Rural Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #62-82-l RMRP to R-1-15 Charles Moore
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 & Zoning Commission and approved rezoning from RMRP (Mobile Home Rental Park Residential) to R-l-15 (Residential Estates).
PUBLIC HEARING CUP #106A-1 Amend CUP in RR Evelyn A. Davis
Mr. Steve Richey, representing the petitioner, was present to answer any questions the Board might have.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning & Zoning Commission and approved to amend CUP #106-l in RR (Rural Residential) to include a single family, custom built residence.
PUBLIC HEARING #58-82-2 R-l-7 to R-l-5 Danny J. Watson
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and postponed this case until August 10, 1982, at 2:00 P.M. or as soon thereafter as possible.
PUBLIC HEARING CUP #232A-2 CUP in A Richard H. Langley
No one present wished 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 & Zoning Commission and approved for a CUP in A (Agricultural) to allow for peat removal.
PUBLIC HEARING #63-82-3 RR to A Mark L. McCaffrey
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission and approved rezoning from RR (Rural Residential) to A (Agricultural).
PUBLIC HEARING #71-82-2 R-l-6 to MP Ben Frazier
No one present wished 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 & Zoning Commission and approved rezoning from R-l-6 (Residential) to MP (Planned Industrial).
PUBLIC HEARING CUP #825-3 CUP in A Southern Fruit Distributors
Mr. Ranston Davis, attorney representing the petitioner, informed the Board of the negotiations that had taken place after the case was heard by the Board on July 6, 1982. Mr. Davis stated his office had received a letter from the company who owns the existing asphalt company which stated Mr. Davis' client could utilize some of the area. He stated the company that normally operates the asphalt plant agreed not operate the plant during the period of time Mr. Davis' client would be using the area for the two jobs.
Mr. McSwain, manager of the asphalt plant, was present to answer any questions the Board might have.
After discussion, Mr. Davis requested permission to withdraw this rezoning case.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the withdrawal of the rezoning case by the petitioner.
BUDGETS/COURTS
Mr. Fred Hooten, Court Administrator, addressed the Board to continue discussion on a county probation office.
Discussion continued regarding non County employees doing jobs for the County. Mr. Hooten stated he felt the County's present liability coverage would cover those people.
Mr. Hooten further stated the program should be self funding after six months. He explained that the program went into effect July 1, 1982.
Commr. Smoak requested Mr. Hooten submit, in writing, an estimated revenue figure for the Board's review.
HOSPITALS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Petition for Admission to A. G. Holley State Hospital for Ernest L. Crenshaw.
LICENSES & PERMITS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved an addition to a gun permit for Jack A. Blake.
BONDS - CONTRACTOR
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:
New
1871-83 Donald L. Beal (General Building Contractor)
3054-82 Howard C. Turlington (Journeyman Plumber)
3055-82 David R. Twyford (Air Conditioning, Mechanical)
ACCOUNTS ALLOWED/FAIRGROUNDS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of a ceiling fan for the Flower Show Building at the Fairgrounds.
LIBRARIES
Commr. Smoak informed the Board there would be a Library Study Committee meeting July 20, 1982 at 7:30 P.M. in the Old Courthouse and he invited the Commissioners to attend as the recommendations of the Committee will be presented to the Board August 3, 1982.
AUDITS/BUDGETS
Commr. Burhans informed the Board the Health & Benefit Advisory Committee has been unable to track the money that the county is furnishing as matching share received by Lake Community Action Agency for the Meals on Wheels Program. He requested that an audit firm be employed to audit the necessary accounts to track down the money. Commr . Windram suggested the Finance Department research the records.
Mr. Chris Ford, County Attorney, stated he would research to see if the County can conduct such an audit and report back to the Board at the next meeting.
EMERGENCY SERVICES/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved travel for Mr. Robert Lewis, Emergency Services Director, to attend a Career Graduate Seminar in Emmitsburg, Maryland, August 29, 1982 through September 3, 1982, at an estimated cost of $300.00.
MUNICIPALITIES/COMMUNICATIONS/BUILDING COMMITTEE
Commr. Carson informed the Board he had received a letter from the City of Tavares requesting the Board consider contributing a piece of equipment or designate a portion of monies to be used to purchase additional fire fighting equipment. The Board referred the letter to the Building Committee.
SHERIFF/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved payment in the amount of $250.00 for reimbursement for per diem for Don Josefczyk for attending Basic & Advanced Judicial Process School in St. Petersburg from June 6, 1982 through June 11, 1982 (Ordinance 1982-l).
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:45 P.M.
James R. Carson, Jr., Chairman
James C. Watkins, Clerk
mcg/7-15-82