A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 13, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, December 13, 1983, at 9:00 a.m. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Commr. Claude E. Smoak, Jr. was not present at the meeting due to illness. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.
COUNTY EMPLOYEES/MOSQUITO CONTROL/AGRICULTURAL CENTER
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Resolutions of Appreciation for the following employees who have worked for Lake County for fifteen years, as submitted by Mr. Glenn W. Timmons, Personnel Director:
Alice B. Ayers Extension Agent, Ag. Center
Margaret M. Gebhart Executive Secretary, Mosquito Control
INSURANCE/ACCOUNTS ALLOWED
Commr. Carson informed the Board that bids have been received by the Insurance Committee for health insurance coverage. He stated that the Committee felt that it was necessary to get an opinion from Siver and Associates, Inc., a risk management consulting firm. He further explained that he authorized the Committee to obtain assistance from Siver and Associates, Inc. which will cost the County approximately $1,000.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for Siver and Associates, Inc. to study and recommend the type of coverage best for the County from the proposals received and authorized payment for the study.
PERSONNEL/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved travel for Mr. Rod Martin, Personnel Department, to attend a seminar on unemployment insurance on December 9, 1983, at the Hyatt-Orlando Hotel at an approximate cost of $80.00 plus the use of the county car.
AGRICULTURE CENTER/ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Agriculture Center to purchase three secretarial chairs for a total cost of $300.00.
PURCHASING
Mr. Watkins, Clerk, addressed the Board regarding requests received from departments for purchasing items. He stated that in the past, requests for purchases went through the Purchasing Department prior to Board approval. He recommended that any further requests be sent to Purchasing for review prior to Board approval.
The Board directed a memorandum be sent to each department head requesting that any further requests for purchases be cleared through their liaison Commissioner and submitted to the Purchasing Department prior to Board approval.
PUBLIC HEALTH
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Lonnie Strickland to work with the County Attorney's office in proposing some modifications in controlling the residency requirements for the Medicaid Program for Lake County.
BONDS - CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Deems and
carried unanimously, the Board approved the following contractor
bonds and cancellations:
NEW
1722-84 James J. McCutcheon d/b/a J-Mac Builders & Developers
3071-83 Robert M. Billette (Aluminum).
CANCELLATIONS
4040-84 Randy Osborn d/b/a Randy Osborn Plumbing (Plumbing)
LICENSES & PERMITS
On a motion by Commr. Burhans, seconded by Commr. Deems and
carried unanimously, the Board approved the following gun permits
and bonds:
NEW
Donny Smith Douglas Arthur Young
James C. Simmons
RENEWALS
William D. Harb
Terry Jay Vander Meer
REPORTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending November 30, 1983, ($5,240.77).
ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the following Satisfaction of Assessment Liens:
Lake View Heights, 2nd Addition
Jeffrey A. Bailey & Lora L., his wife $738.90
St. Johns Waterfront Estates
Kathern B. Harper $480.35
Kenneth N. Pryor & June K., H/W $377.00
Aubrey Norman Phillips & Ivah Dorene, H/W $325.00
FIRE DISTRICTS-DEPARTMENTS/APPOINTMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the following resignations and directed a letter of appreciation be sent to each person:
1 . Paul Phillips, Fire Commissioner for Pasco Fire District, effective January 15, 1984.
2 . John D. Callen, Fire Commissioner for Mt. Plymouth Fire District.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the resignation from Mr. Bruce Massey, Fire Commissioners for the Northwest Fire District, and appointed Mr. Roy L. Wolff to replace Mr. Massey as Fire Commissioner. The motion also included a letter be sent to the Northwest Fire District explaining the procedures of appointing members to the Fire Districts.
CLERK/STATE AGENCIES
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board appointed Mr. Harry Nies, Chief Deputy Clerk, as Records Management Liaison Officer to act as a liaison between Lake County and the State of Florida, Bureau of Records and Information Management.
PUBLIC WORKS AGENDA
ACCOUNTS ALLOWED/PUBLIC WORKS/POLLUTION CONTROL/BIDS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of Mr. Michael C. Willett, Development & Public Works Director, and approved the purchase of a 1984 Jeep Cherokee, 2 door wagon from Golden Triangle AMC/Jeep in the amount of $10,803.00 for Pollution Control and Public Works (low bid).
POLLUTION CONTROL/ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of Mr. Michael C. Willett, Development & Public Works Director, and approved the purchase of a boat, motor, and trailer for the Pollution Control Department from Triangle Marine Center, Tavares, in the amount of $5,800.00, in that this quote was the best received for the needs of the Pollution Control Department.
PUBLIC WORKS/ACCOUNTS-ALLOWED/BIDS
Mr. Michael C. Willett, Development & Public Works Director, addressed the Board requesting approval to purchase seven (7) pickup trucks for Public Works, Landfill, and Building and Zoning. He stated that Nick Nicholas Ford was the low bidder ($8,626.06 each), but that the vehicles could be purchased by State Contract for $7,623.62 each.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of seven (7) pickup trucks from Regency Dodge (State Contract) in the amount of $7,623.62/each for the following departments:
1. Landfill - One Truck
2. Building and Zoning - Three Trucks
3. Road and Bridge - Three Trucks (5th and 6th Funds)
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted the Right-of-Way Deed on C-565 from Lacy Glenn Thomas, Jr., and Claudia Thomas Conybear.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the following Right-of- way Deeds on Pruitt Street Extension #2-4705:
1. Randy Levon and Gloria Jean Hepburn
2. Lonnie J. and Florence F. Smith
3. Helen Gilliard
4. Vinson L. and Mary Alice Brown
5. Barbara D. Hollingsworth Peeples
6. Jacqueline D. Little Maynor
7. Willie and Mary Walker
PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved a one-time maintenance for Joseph Leibold on Third and Fourth Avenue in the amount of $120.00.
MUNICIPALITIES/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the City of Mount Dora for assistance from the County in re-striping Donnelly Street.
SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board granted preliminary approval of Orange Lake Estates Subdivision.
COUNTY EMPLOYEES/BUILDING DEPARTMENT
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of Michael C. Willett, Development & Public Works Director, to appoint Mr. Charles Taylor as the Building Official.
MUNICIPALITIES/COUNTY PROPERTY
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Town of Astatula that lots owned by the County be donated to the Town to be used for recreational purposes.
ORDINANCES/ZONING
Mr. Jerry Sexton, Planning and Zoning Coordinator, addressed the Board to discuss the proposed zoning ordinance. He requested that the Board conduct a workshop to discuss the draft prior to any public hearings for public input. He also stated that after the Board reviewed the draft, the draft would go back to the Planning and Zoning Commission prior to any public hearings.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for the proposed zoning ordinance be reviewed by the Board prior to the public hearings being held.
PUBLIC WORKS/COUNTY POLICY
Mr. Michael C. Willett, Development & Public Works Director, addressed the Board to discuss a conflict in the Lake County Road Policies. He requested that Number 2 on Page 7 which states "All clay roads accepted as of April 1, 1982, except those designated as collectors, shall be paved only at the expense of the adjacent property owners" be deleted from the road policies as it conflicted with Pages 13 and 14, Section V, item B in regards to funding of improvements on County maintained roads.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of Mr. Willett and approved to delete Number 2 on Page 7 of the Lake County Road Policies.
EMERGENCY SERVICES
Mr. Joe Stephany, Emergency Services Director, addressed the Board to report on the Lake County Hazardous Waste Assessment. He stated that guidelines have been issued by the Department of Environmental Regulations which require assessment of all potential hazardous waste generators including small quantity generators.(less than one ton per month). He stated that he had tentatively identified 1,687 potential hazardous waste generators in the County. He stated that Emergency Services was planning to mail survey forms during the week of December 12, 1983.
FIRE DISTRICTS-DEPARTMENTS
Mr. Joe Stephany, Emergency Services Director, addressed the Board to discuss fire protection for those living in the
unincorporated areas of Lake County.
He informed the Board that he had contacted all the municipalities with the exception of the Town of Lady Lake as they are provided fire protection by the Northwest Fire District; all six of the Special Districts and nine of the volunteer fire departments to get their opinions on the project. He stated that the majority agreed with the idea of extending their service areas. He further stated that Clermont and Leesburg expressed reservations about extendiny fire protection beyond their municipal boundaries.
Mr. Stephany presented the Board with copies of proposed agreements which would permit fire protection to go beyond city boundaries and special tax districts. He further gave the Board the following suggestions on ways to improve the fire protection operations for the County:
1. That the County enter into agreements with cities and special districts to permit them to provide fire protection in unincorporated areas.
2. That the County assign a department responsible to coordinate fire protection activities including fire prevention.
3. That the County develop a Fire Defense and Emergency Response Plan which:
* Defines the current and future fire protection environment by establishing and maintaining a data base.
* Sets goals and objectives defining acceptable fire protection risk levels.
* Defines the fire protection system to provide the level of services commensurate with accepted risks.
* Identifies and justifies resources.
* Details the implementation, operation, and maintenance program for fire services.
MT. Christopher C. Ford, County Attorney, stated that the Board could adopt an ordinance enabling the fire districts to go outside their boundaries. He stated that should there be a lawsuit, the County could possibly be a part of the suit.
Mr. Edward Havill, Property Appraiser, was present to discuss the effect that Proposition I might have on the proposed fire protection project should Proposition I be passed. He stated that this would be the same situation as the annexation situation.
The Board discussed the possibility of imposing a structure tax. Mr. Ford stated that the structure tax had been voted down in the past, but that a structure tax could possibly be passed by voters today. He further stated that he would like to do further research on the structure tax. The Board further discussed the structure tax generating enough funds for the coverage of fire protection.
Mr. Stephany stated that the planning process would probably be eight to fourteen months on the project.
Mr. John D. Callen, Mt. Plymouth Fire District, addressed the Board in favor of the structure tax.
Mr. Cecil Hull, Florida Citrus Mutual, was also present in regards to fire protection for Lake County.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to keep the fire districts as they are now, placing the structure tax on the ballot as soon as possible, and authorized Mr. Stephany to hire additional employees to proceed with the study.
WATER RESOURCES/RESOLUTIONS
Mr. Williams C. Davis, Director of the Oklawaha Basin Recreation and Water Conservation and Control Authority, addressed the Board requesting approval for the following waterway speed sign resolutions:
2. Lk. Winona - Lk. Minnehaha Canal (Idle Speed - No Wake)
Blount Island Canal (Idle Speed - No Wake)
4. Haines Creek (Slow Down - Minimum Wake)
5. Dead River (Slow Down - Minimum Wake)
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the waterway speed sign resolutions as presented by Mr. Davis.
Commr. Deems was not present for the vote.
RECESS & REASSEMBLY
At 11:15 a.m. the Board recessed for the dedicatory service on the unveiling of portraits of the late Judge McCormick, Senator and Mrs. Baker. The Board reconvened at 2:00 p.m. for Rezoning.
REZONING
PUBLIC HEARING #116-83-4 C-l to CP Charles Conover and
Dale Dillard
No one present wished to discuss the case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for a business park.
PUBLIC HEARING #134-83-5 A to CP United Telephone Company
Mr. Loriman, representative from United Telephone Company, was present to discuss the rezoning case with the Board. Discussion occurred regarding the maintenance of the access road which serves the site.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial) for expansion of the telephone facility, subject to the road being maintained in a passable condition.
Commr. Carson declared a conflict of interest as he is on the Board of Directors for United Telephone; therefore, he did not participate in the discussion and did not vote.
PUBLIC HEARING CUP #264B-4 Amend CUP Mid Florida at Eustis,
Inc
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 Commission and approved to amend the CUP for additional land for extending the runway length.
PUBLIC HEARING #133-83-3 R-l-7 to RP Zella L. & Lonnie
Moore
Mr. William Baldwin, employee for Mr. & Mrs. Moore, addressed the Board objecting to the Planning Commission's recommendation for denial.
Mr. Jerry Sexton, Planning & Zoning Coordinator, stated the Department felt that RP zoning was not appropriate for that area. Mrs. Bertie Kost, Lake Saunders Manor, addressed the Board in favor of the Planning Commission's recommendation. She stated that the residents wanted to keep the area a single family
residential area.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from R-l-7 (Urban Residential) to RP (Multiple Family Residential-Professional).
PUBLIC HEARING #123-83-l RR to A Leroy W. Mack
No one present wished to discuss this rezoning case with the
Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural \
Residential)to A (Agriculture).
PUBLIC HEARING #135-83-l A to C-l or C-2 Orange Blossom
Hills, Inc.
No one present wished to discuss this rezoning case with the
Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until January 10, 1984, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING CUP #884A-1 Amend CUP W.B.B., Inc.
No one present wished to discuss this rezoning case with the
Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend CUP #884-l to include additional property.
PUBLIC HEARING CUP #649A-1 Amend CUP Brenda Whittington
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 Commission and approved to amend the CUP for a day care center to allow for additional children.
PUBLIC HEARING #132-83-l RR to ER Charon D. & Arlene J.
Wagner
Mr. Dan Robuck, attorney representing the petitioner, was present to answer any questions the Board might have.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural
Residential) to ER (Estate Residential).
PUBLIC HEARING #137-83-2 R-1-7 & C-l to RMRP Paul J. Juliano, a l . et
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 Commission and approved rezoning from R-1-7 (Urban
Residential) & C-l (Rural or Tourist Commercial) to RMRP (Mobile Home Rental Residential District).
PUBLIC HEARING #138-83-2 C-l to C-2 or CP Paul J. Juliano,
et al.
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 Commission and approved rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial).
FIRE DISTRICTS-DEPARTMENTS/APPOINTMENTS
Commr. Windram informed the Board he had received a letter from Mr. John Callen, Fire Commissioner for the Mt. Plymouth Fire District requesting his letter of resignation be held in abeyance until April, 1984 as two other members on the Fire District have resigned. He further stated that earlier today the Board had accepted Mr. Callen's resignation.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to reconsider action taken earlier accepting Mr. Callen's resignation.
On a motion by Commr. Deems, seconded by Commr. Carson and
carried unanimously, the Board approved that Mr. Callen remain as Fire Commissioner for the Mt. Plymouth Fire District until Mr. Callen resubmits his resignation.
PUBLIC WORKS/RESOLUTIONS
Commr. Windram informed the Board he had received a letter from the Department of Transportation regarding a traffic study at the intersection of SR 44/Harbor Shores Road #5-5942. He stated that the letter indicated that DOT did not believe the intersection would warrant another study at this time. Mr. Michael C. Willett, Development & Public Works Director, stated that he had written another letter to DOT concerning the request.
ZONING/COUNTY PROPERTY
Commr. Windram informed the Board he had received a notice of public hearing from the Marion County Planning Commission and Board of County Commissioners to change the zoning classification on the Lake County clay pit. Mr. Michael C. Willett, Development & Public Works Director, stated that he was researching the request.
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
Discussion occurred regarding the request received from Action Cable, Inc. requesting their cable franchise be extended in order to obtain pole permits in the town of Howey-In-The- Hills. Mr. Ford, County Attorney, suggested that a committee be formed in order to review the current and any future franchises for Lake County. He stated that the committee might consist of Mr. Watkins, one Commissioner, and Mr. Michael Willett.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to extend Action Cable, Inc.' s contract for a period of ninety (90) days.
Discussion continued regarding cable franchises. The Board directed Commr. Windram to correspond with any further franchise requests that the County is in the process of establishing a committee to examine the County's policy in regards to cable franchises.
PROPERTY APPRAISER
Mr. Christopher C. Ford, County Attorney, reported to the Board on the automatic homestead exemption appeal. He stated that Representative Kelly has requested the Legislative Drafting Service to draft an act which would take away the automatic appeal. He stated that the County Attorney's Office would postpone any further research until they received a copy of the draft from Representative Kelly.
COMMISSIONERS
At this time Commr. Burhans nominated Commr. Deems to serve as Chairman for 1984. Commr. Deems expressed his appreciation for the nomination, but declined appointment as Chairman for 1984.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board appointed Commr. Burhans as Chairman for 1984.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board appointed Commr. Deems as Vice-
Chairman for 1984.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:25 p.m.
Thomas J. Windram, Chairman
James C. Watkins, Clerk
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