A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 12, 1982
The Lake County Board of County Commissioners met in regular session on Tuesday, October 12, 1982, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting 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 Mary C. Grover, Secretary.
The invocation was led by Mr. Watkins and the Pledge of Allegiance was led by Commr. Deems.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of October 5, 1982, as submitted.
CONTRACTS, LEASES & AGREEMENTS/MOSQUITO CONTROL
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and the Clerk to sign Attachment A for FY 1982-83 Department of Natural Resources funding for the Aquatic Weed Program, retroactive to October 5, 1982.
MAINTENANCE/ACCOUNTS ALLOWED/JAIL
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the following requests as recommended by the Purchasing Department:
1. Purchase of an Advance Carpetriever, Heavy-Duty Vacuum Cleaner and an Advance Carpetron, Dry-Foam Shampooer for the Lake County Custodial Department from Lawton Brothers, Inc., Orlando, in the amount of $1,960.00.
2. Purchase of a commercial garbage disposal for the Lake County Jail kitchen from Hobart at a cost of $624.00.
LANDFILL/ESCROW
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the release of Orange Blossom Gardens' landfill escrow in the amount of $285.00 as Orange Blossom Gardens has contracted with a refuse company for regular garbage pickup.
BONDS - CONTRACTOR
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following Contractor Bonds and Cancellations:
New
132-82 Travis Kennedy (Building)
662-83 George Clark (Plastering)
1212-83 Tommy Joe Duncan (Air Conditioning & Heating)
1417-83 Gene Forehand d/b/a Forehand Plumbing
1595-83 Frank Kutch (Mobile Home & Aluminum Erection)
1890-83 Louis H. Lacey d/b/a Louis H. Lacey Roofing (Roofing)
1904-83 John A. Foster d/b/a Harold Ellzey Plumbing, Inc. (Plumbing)
2021-81 Raymond P. Hottinger (Residential)
2022-81 Robert P. Hottinger (Residential)
3005-83 Anthony Gonzales, Ampertek, Inc. (Electrical)
3012-83 Curtis Wayne Benson d/b/a Benson's Roofing (Roofing)
3024-83 Tom Rychlock d/b/a Rychlock Electric (Electrical)
3073-83 James E. Guice d/b/a Royal Plumbing of Central Florida
3074-83 Russell H. Wardell d/b/a Wardell Electric, Inc. (Electrical)
3075-83 Marshall Thompson d/b/a Marshall Electric Co. (Electrical)
Cancellations
131-76 Ellis Young
1824-79 Henry Stephens
LICENSES & PERMITS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved renewal to the following gun permits and bonds and approved the addition and deletions to gun permits:
Renewals
Richard H. Homelius
Oscar A. Thibodeau, Jr.
Jack A. Blake
Additions & Deletions
Danny F. Brown
Virginia L. Hendricks
Bernadette S. Brown
REPORTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for September 30, 1982, ($4,312.17 four days only).
ASSESSMENTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction of Assessment Lien for Chet Cinders in the amount of $825.12, Sunny Dell Park, First Addition.
TAX COLLECTOR/CHECKS RECEIVED
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board accepted Check #4044 from T. Keith Hall, Tax Collector, in the amount of $624.85 for unclaimed redemption monies.
BIDS/ANIMAL CONTROL
On a motion by Commr. Burhans, seconded by Commr. Smoak and
carried unanimously, the Board authorized the Purchasing Department to seal bid for a l/2-ton pickup truck for the Lake County Animal Control.
HOUSING FINANCE AUTHORITY
The Board directed a copy of the Rules of The Florida Housing Finance Agency, Chapter 91-8 Single-Family Mortgage Revenue Bond Program (State Program) be sent to the lending institutions.
OUTDOOR RECREATIONAL FACILITY/GAME & FRESH WATER FISH
COMMISSION
Commr. Burhans informed the Board he had received a request from Mr. Ed Zagar, Game & Fresh Water Fish Commission, to remove the barricade at Lake Dalhousie Boat Ramp.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board instructed the Public Works Department to remove the barricade from the Lake Dalhousie Boat Ramp as requested by the Game & Fresh Water Fish Commission.
WATER AUTHORITY/MOSQUITO CONTROL
Commr. Smoak informed the Board he had received a memorandum from Mr. Philip Yoder, Director, Aquatic Weed Control, regarding hazardous obstructions in the Dora Canal. The Board referred Mr. Yoder's memorandum to the Water Authority for their consideration.
COMMUNICATIONS
Commr. Carson read a letter from Mrs. Marie Bolles, Leesburg/ Commercial, thanking the Commissioners for extending their hands of friendship to the visitors from South Wales.
SHERIFF/BUILDING COMMITTEE
Commr. Carson informed the Board he had received a request from Sheriff Griffin requesting office space which may become available within the Courthouse during the year. The Board referred the request to the Building Committee.
PUBLIC WORKS/SUBDIVISIONS
Mr. Glenn Snowberger, Forest Hills, was present to discuss the drainage situation at Forest Hills Subdivision.
Commr. Burhans explained to the Board that there was an outlet for the Lake in the Lake Mack area. He stated that there were two homes being affected by flooding. He stated the Public Works Department went out and lowered the ditch 18 inches so it would help alleviate the two property owners situation. He stated the water would drain out to the St. Johns River.
Mike Willett, Development & Public Works Director, informed the Board that the Public Works Department had surveyed the area and had removed 13 to 18 inches of dirt from the ditch. He explained that the County had cleaned the ditch from the Lake to the pipe (approximately 100 feet). He further stated the County had finished the project.
Mr. Snowberger presented to the Board a petition from the property owners objecting to the structural change of Lake Forrest, the draining of said Lake, and the diverting of the waters into the grass lake below 6th Street off Highway 42.
Mr. Snowberger stated that he did not have any objections with what the County has done to this point, but that he wanted the Boards' assurance that the project had been completed as they would not like the water to be drained from one lake to another.
Mr. Snowberger further informed the Board the property owners were requesting that the damages done to the street be repaired.
Mr. Willett stated that the Area Maintenance Supervisor would try to get the road repaired this week.
Mrs. Abbey was also present to discuss the situation at Forest Hills Subdivision.
PUBLIC WORKS/SUBDIVISIONS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board accepted Daisy Lane into the Lake County Maintenance System.
PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board denied the request to close Veech Road #2-4706 on October 30, 1982, from 8:30 p.m. to 12:30 a.m. for a street party as the road is a through street.
LANDFILL/PUBLIC WORKS
Mr. Willett, Development & Public Works Director, informed the Board he had received a request from Mrs. Eckerson to leave the cable down at the Astatula Landfill so she may have access to her road. Mr. Willett informed the Board Mrs. Eckerson has had a lawsuit pending against the County for approximately four years. He stated her property is located behind the Astatula Landfill. He further stated the old part of the landfill would be used for approximately six more months.
Mr. Ford, County Attorney, recommended the Board temporarily remove the cable and inform Mrs. Eckerson that should problems arise, then the barricade would be erected for six months.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved that the chain to the Astatula Landfill be removed to give Mrs. Eckerson access to her property and directed that the operating hours be posted at the entrance of the Landfill.
SIGNS/PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Mr. Kenneth Van Auken that two "Lake Kathryn Unincorporated" signs be posted on S.R. 42.
PUBLIC WORKS/SUITS AFFECTING THE COUNTY
Discussion occurred regarding the lawsuit between Mrs. Eckerson and Lake County. The Board directed Mike Willett, Development & Public Works Director, to contact Mrs. Eckerson to discuss the possibility of Mrs. Eckerson withdrawing her suit against the County subject due to the County removing the chain from the Astatula Landfill.
SIGNS/PUBLIC WORKS
On a motion Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to post a 25 M.P.H. speed limit on Big Oak Road #5-8377 in Altoona.
PUBLIC WORKS/ROAD PROJECTS
Mike Willett, Development & Public Works Director, informed the Board he had received a request to resurface and widen a portion of Kurt Street (south of the little league field) in Eustis.
He stated he had informed the City of Eustis that they would have to obtain the right-of-way where the County did not already have right-of-way.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved for the Public Works Department to widen and resurface Kurt Street in Eustis, southerly from the ending of the widened portion of the street to 441, subject to the necessary right-of-way being acquired by the City of Eustis.
BONDS - MOBILE HOME
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Sylvia Caskey - Eustis Area - District #5 to live in a mobile home on the same piece of property on which her conventional dwelling is being built, subject to the proper bond being posted and with the stipulation that the mobile home be removed immediately upon the completion of the dwelling or upon the request of the Board of County Commissioners, subject to the proposed rezoning (to be heard this afternoon) being approved to R-l-7 (Urban Residential).
HOSPITAL/BIDS
Mr. Watkins, Clerk, informed the Board that the time for submitting bids for the proposed Emergency Medical/Medical Examiner Facility has been extended; therefore, the special meeting scheduled for October 26, 1982, was not necessary. He stated the time for submitting bids has been extended to October 26, 1982 at 2:00 P.M.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the action taken by Mr. Watkins, the Boards' liaison for the project, regarding of the extension of time for submitting bids for the proposed Emergency Medical/Medical Examiner Facility. It was noted that the action taken was based upon the Architect's recommendation to Mr. Watkins and that the County Attorney's office was consulted and did not have any problems with meeting the deadlines for advertising.
JAIL/BUILDING COMMITTEE
Commr. Carson informed the Board he had received a memorandum from Judge C. Aulls, Jr., Chief Judge, regarding the lack of recreational facilities for the Lake County Jail.
Mr. Watkins stated he felt that Judge Aulls should be included in the discussions should the Board refer the project to the Building Committee.
Chris Ford, County Attorney, recommended that the Building Committee consult with jail experts to obtain their opinions on recreational facilities.
The Board referred the memorandum regarding the recreational facilities for the Jail to the Building Committee and approved to expand the Building Committee for this project to include Judge Aulls and Sheriff Griffin.
PUBLIC WORKS
Mrs. Gibson, Tavares, was present to discuss the drainage problem on Old 441. She stated that her property was being used as a drainage basin for the surrounding area. She stated there was a prescriptive ditch and there is not an easement for the ditch. She further stated that the ditch has not been properly maintained. Mrs. Gibson presented the Board with pictures of her property and the ditch.
Mrs. Gibson informed the Board that she had spoken with the Lake Soil & Water Conservation and they stated that the ditch is not in the 100-year flood plain and that there is a sufficient drop to give full drainage if it is properly maintained. Mrs. Gibson stated she was proposing that the ditch be covered down to the 200 foot mark from the road right-of-way on Old 441 past the existing structures.
Mike Willett, Development & Public Works Director, explained that a ditch was installed several years ago. He further stated the ditch which runs along the railroad property has never been maintained by the County as it is on railroad property. He further explained that most of the structures were installed by the City of Tavares. It was noted that the water was coming from the North though an open ditch under Old 441 through a pipe installed by DOT and then to an open ditch installed by the County without an easement. Mr. Willett stated the ditch was regularly maintained making it a prescriptive ditch. It was pointed out that Mrs. Gibson was requesting, at public expense, that approximately 200 feet of pipe be installed.
Commr. Smoak questioned if there could be a blockage in the ditch line which prevented water from moving freely through the ditch.
Mr. Willett explained that the Public Works Department had attempted to clean the ditch, but Mrs. Gibson had refused County employees, through her attorney, to cross her property to clean the ditch.
Commr. Smoak suggested the Board obtain an appraisal from the Public Works Department regarding the proper maintenance of the drainage ditch.
Mr. Ford, County Attorney, informed Mrs. Gibson that the County would take the position that there is a prescriptive easement for the ditch. He stated that if the County is not given permission to clean the ditch, the County would have to take other action to go in and clean the ditch.
The Board questioned what responsibility the County would have and what authority would it have to force other property owners (the City of Tavares and the Railroad) to maintain their portion of the ditch. Mr. Ford stated the County did not have any authority to force the owners to clean the ditch. He stated that if a portion of the ditch is in the city limits, the County could request the City maintain their portion. He stated the County could enter into an interlocal agreement with the City to have the County maintain the entire ditch or the City maintaining their portion of it. He further stated he felt the Railroad would not maintain their portion of the drainage ditch as they probably do not have a legal responsibility to maintain the ditch for the protection of others. He further stated the County has installed culverts in the past, but at the expense of the property owner.
Mrs. Gibson granted the County permission to cross her property to investigate the drainage ditch for a possible blockage.
Mrs. Gibson stated that she was objecting to the way the ditch has been maintained and the problems she has had in obtaining permits as the property is prescriptive. She stated that Mr. Waller and herself felt that they should not have to pay for any improvements as it serves the property owners on the other side of the highway.
She stated she felt the County or the property owners should bear the cost of any improvements.
Mr. John Ringlespaugh, LaDora Manor Association, addressed the Board to discuss the problem. He informed the Board the Railroad has been cooperative in cleaning their portion of the ditch in the past. He stated he has sent a letter to the Railroad requesting that their portion of the ditch be cleaned.
Mr. Stanley Selenski, Owner of Pink Top Mobile Home Park, presented the Board with a rough draft of the water situation. He stated that he was also speaking on behalf of Mr. Waller and that they would like the County to clean the ditch..The Board directed Mike Willett to investigate the drainage ditch for a blockage, and if there is a blockage, determine a solution of resolving that blockage and report back to the Board with a recommendation. The Board also instructed Mr. Willett to contact the Railroad regarding their portion of the ditch.
RECESS & REASSEMBLY
At 11:25 a.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 cases.
REZONING
PUBLIC HEARING #54-82-l Amend CP John Mangan
Mr. Steve Richey, attorney representing the petitioner, addressed the Board to discuss the rezoning request with the Board. He informed the Board that the Department of Transportation would not give their consent for the items requested by Mr. Manqan to comply with the easement problems that had existed. He further stated DOT will not allow a crossover.
Mr. Jerry Sexton, Planning & Zoning Coordinator, recommended the Board postpone the case to enable the Planning Department to meet with the Department of Transportation to discuss turning lanes, and to contact the School Credit Union to inform them of DOT's decision of not allowing turning lanes so that they might consider dropping the amendments to the easement.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this rezoning case until November 9, 1982, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #80-82-l R-l-7 to LM Steve Donahue &
Herbert Welder
Mr. Steve Richey, attorney representing the petitioners, addressed the Board to request postponement of the case.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board postponed this rezoning case until November 9, 1982, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #97-82-2 RP to C-l or C-2 John Tisdale
Mr. Jerry Sexton, Planning & Zoning Coordinator, informed the Board the rezoning case had been postponed to see if the property could be considered for CP (Planned Commercial). He further stated the CP (Planned Commercial) zoning included all the uses that is listed under the C-l (Rural or Tourist Commercial) and deleting any reference to beverage establishments that serve liquor by the drink or consumption on the premises. He further stated the petitioner has submitted an adequate site plan.
Mr. Bob Duggan, attorney representing the petitioner, addressed the Board in agreement to the rezoning to CP (Planned Commercial).
Mr. Sexton stated the Planning Department recommended rezoning to CP (Planned Commercial).
Mr. Walter Berry, Leesburg, was present to object to the rezoning. He stated he objected to an alcholic package store, but did not object to a convenience store.
Mr. Al Skinner, developer, stated he would agree not to build a package store.
It was noted that the CP (Planned Commercial) could prohibit the sale of alcoholic beverages which require the state liquor license, other than beer and wine.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board overturned the Planning Commissions' recommendation of denial and approved the rezoning from RP (Multiple Family Residential-Professional) to CP (Planned Commercial), subject to the proper wording that would limit sales, now and in the future, to beer and wine (in a convenience store type business) and by the package but not by the drink, other package sales will be prohibited, and included all C-l (Rural or Tourist Commercial) uses except for liquor being sold by the drink and beverages that require a state license other than beer and wine.
PUBLIC HEARING #93-82-4 A to AR Margaret Cammack
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 Commission and denied the rezoning from A (Agriculture) to AR (Agriculture Residential).
PUBLIC HEARING #83-82-l RMRP to C-l E. L. Teuton
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RMRP (Mobile Home Rental Park Residential District) to C-l (Rural or Tourist Commercial District).
PUBLIC HEARING #89-82-4 C-l to C-2 or CP Jim Flake
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 Commission and approved rezoning from C-l (Rural or Tourist Commercial) to C-2 (Community Commercial).
PUBLIC HEARING #91-82-2 R-1-15 to CP Amos Marchant
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 approved withdrawal of this rezoning case as requested by the petitioner.
PUBLIC HEARING #108-82-5 A to CP Forest Hills Volunteer
Fire Department
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 Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial).
PUBLIC HEARING #109-82-5 A to RR Charles and Coletta
Schlegel
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from A (Agriculture) to RR (Rural Residential).
PUBLIC HEARING CUP #832-5 CUP in RR Charles & Coletta
Schlegel
Mr. & Mrs. Schlegel were present to discuss this rezoning 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 Commission and approved a CUP in RR (Rural Residential) for a private road.
PUBLIC HEARING CUP #780-4 Revocation of CUP in A
Hersel E. & Donna R. Thompson
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 Commission and approved the revocation of CUP in A (Agriculture) for a poultry ranch.
PUBLIC HEARING #102-82-4 A to RR James & Beatrice Martin
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 Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).
PUBLIC HEARING CUP #833-4 CLASS. OF USES/CUP in C-l
Richard and Janice Paulin
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 Commission and approved the Classification of Uses and a CUP in C-l (Rural or Tourist Commerical) for a church, as amended.
PUBLIC HEARING #llO-82-4 R-l-7 to RR Joseph M. Hussey, Jr.
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 Commission and approved rezoning from R-l-7 (Urban Residential) to RR (Rural Residential).
PUBLIC HEARING CUP #830-5 CUP in C-2 Patricia F. Jungerman
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request for a CUP in C-2 (Community Commercial) for a caretaker's residence.
PUBLIC HEARING #111-82-5 A to R-l-7 Gerald J. Callahan
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from A (Agriculture) to R-l-7 (Urban Residential).
PUBLIC HEARING #lOl-82-5 A to R-l-6 or RP John Whitaker
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 Commission and denied the rezoning from A (Agriculture) to R-l-6 (Residential) or RP (Multiple Family Residential- Professional).
PUBLIC HEARING CUP #728-5 Revocation of CUP John Whitaker
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 Commission and denied the revocation of the CUP.
PUBLIC HEARING CUP #144-5 Revocation of CUP
Donald & Sylvia Caskey
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 Commission and postponed this case until November 9, 1982, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #103-82-5 C-l to R-l-7 Donald & Sylvia
Caskey
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 Commission and approved rezoning from C-l (Rural or Tourist Commercial) to R-l-7 (Urban Residential). Mr. Donald Caskey addressed the Board requesting the Board approve a mobile home bond. The Board informed Mr. Caskey that the mobile home bond had been approved earlier in the morning.
PUBLIC HEARING #lOO-82-4 C-l to CP Carl Ludecke
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 Commission and approved rezoning from C-l (Rural or Tourist Commerical) to CP (Planned Commercial) to expand a Health Club.
PUBLIC HEARING #106-82-4 RR to RP Stephen Vaughn, Jr.
No one present wished to discuss this case with the Board.
Mr. Ford, County Attorney, informed the Board that his office represents Mr. Vaughn in other matters.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from RR (Rural Residential) to RP (Multiple Family Residential-Professional).
PUBLIC HEARING CUP #831-3 CUP in RR Jeff Baker
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 Commission and approved a CUP in RR (Rural Residential) for private roads as amended.
PUBLIC HEARING #107-82-3 CP to A Cecil & Joyce Thompson
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 Commisison and approved rezoning from CP (Planned Commercial) to A (Agriculture).
PUBLIC HEARING CUP #558A-2 Amend CUP James Butler
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 to amend CUP #558-2 to include a peat operation as amended.
PUBLIC HEARING #113-82-2 A to C-l James T. Kohler
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 Commission and approved rezoning from A (Agriculture) to C-l (Rural or Tourist Commerical).
PUBLIC HEARING #104-82-2 R-l-7 to R-l-5 Evelyn Black
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-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #105-82-4 C-l to CP Charles Dean Russ
Mr. Russ was present 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 C-l (Rural or Tourist Commercial) to CP (Planned Commercial).
PUBLIC HEARING #115-82-2 C-l to c-2 Charles Anderson
Mr. Anderson was present to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Rurhans and carried unanimously, the Board overturned the recommendation of the Planning Commission and denied the rezoning from C-l (Rural or Tourist Commercial) to C-2 (Community Commercial).
PUBLIC HEARING #114-82-2 LM to RP Clyde Rogers et al.
Mr. Bill Law, attorney representing the petitioner, was present to discuss this case with the Board.
Mr. Jerry Grief, Planning Department, informed the Board that the petitioner has submitted an amended rezoning request which would delete approximately the north nine (9) acres.
Mr. Law read a letter from the City of Leesburg expressing their approval to the amended rezoning request.
Mr. Dewey Burnsed, attorney for the City of Leesburg, was present to express the City's approval of the amended rezoning.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board overturned the Planning Commissions' recommendation for denial and approved the rezoning from LM (Light Manufacturing) to RP (Multiple Family Residential- Professional) as amended.
PUBLIC HEARING #116-82-l R-l-7 to MP Steve Donahue &
Herbert Welder
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 Commission and postponed this case until November 9, 1982, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING CUP #814A-1 Amend CUP Haines Creek Baptist
Church
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 Commission and approved to Amend CUP #841-l to include a day care center.
PUBLIC HEARING CUP #834-l CUP in A Charles Dry
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until November 9, 1982, at 2:00 p.m. or as soon thereafter as possible.
MUNICIPALITIES/PUBLIC WORKS
Mr. Mike Willett, Development & Public Works Director, addressed to Board to report on the sink holes in the clay pit in the Town of Lady Lake. He stated there appeared to be two sink holes in the clay pit. He further stated on the advice of Lady Lake's engineer and the Lake County Health Department, pumping of the water from Oak Grove Mobile Home Park has been temporarily stopped until the clay pit could be investigated by USGS and the Water Management District. Mr. Ted Wicks, Pollution Control Director, was present to discuss the sink holes with the Board.
Mr. Willett further reported on the situation at Orange Blossom Gardens. He stated pumping had started Friday afternoon and had stopped over the weekend. He stated the pumping was to resume yesterday.
MUNICIPALITIES
Mr. Ted Wicks, Pollution Control Director, addressed the Board to give an updated report on the situation in Mount Dora. He stated the City had appeared at the Pollution Control Board meeting and have agreed to negotitate a Consent Order which will contain a compliance schedule to handle the situation at the existing pond and a compliance schedule for some type of alternative. He stated the City has tentatively agreed to sign a lease agreement for the Connover property (adjacent to the ponds on the west side). He further stated a lawsuit could be avoided if the City would file for a conditional use permit. He stated the Pollution Control Board has given the City ten (10) day to file a CUP before filing the suit.
The Board directed Mr. Ford, County Attorney, to research to see if the advertising for a rezoning case can be done on an emergency basis, be able to have special meetings of the Planning Commission and the Board of County Commissioners to review the case on an emergency basis, and report back to the Board with a recommendation. It was noted that the County has done everything possible to expedite the process to alleviate the emergency situation which the Pollution Control has declared and the County has reaffirmed.
COURTS-JUDGES
Commr. Carson informed the Board he had received a memorandum from Mr. Fred F. Hooten, Court Administrator, regarding the contract for conflict cases. He stated an Administrative Order raised the hourly rate of compensation for court appointed counsel from $45.00 to $60.00.
Mr. Ford, County Attorney, informed the Board that another contract was being drawn up between four (4) counties (the fifth county contracted with another firm). He further stated the maximum cap figure would be the same in the new contract as the one the Board had agreed to.
COMMUNICATIONS
Commr. Carson read a letter from Mr. William F. McLaughlin expressing his appreciation to Lake County for the helpfullness and treatment he had received from the Building Department, Public Works Department, Planning Department, Pollution Control Department, and the Property Appraiser's Office.
MEETINGS/COMMISSIONERS
Commr. Carson stated he would attending the State Association of County Commissioners' meeting. He stated he would take up the following discussion at the meeting:
1. Possibility of recovering some of the funds regarding the automotive inspection.
2. Possibility of a method being developed for handling automatic appeals for those denied Homestead Exemption for the Property Appraisal Adjustment Board.
MEETINGS
Commr. Smoak informed the Board the Green Swamp Advisory Committee meeting had been held yesterday in Brooksville and that he would report back to the Board regarding the actions taken by the meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS, 'CLERK
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