A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL 12, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, April 12, 1983, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida. Commissioners present a t the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.; 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. Smoak.
TAX COLLECTOR
Commr. Windram informed the Board that the State Association of Tax Collectors were having their meeting at Mission Inn today and that Mr. T. Keith Hall, Tax Collector for Lake County, had been appointed as President-elect for the next session.
MINUTES
On a motion by Commr. Burhans, seconded by Deems and carried unanimously, the Board amended the Minutes of April 5, 1983, on page 2, under Accounts Allowed/Public Works to include the wording "declared an emergency" into the motion.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of April 5, 1983, as amended and corrected.
JAILS/ACCOUNTS ALLOWED
Commr. Windram informed the Board he had discussed the quotes received for a new dishwasher for the Lake County Jail with Mr. Donald Smalt, Administrative Services Director. He stated that Mr. Smalt informed him that the bids would be from the same companies who had submitted quotes earlier. He further stated that he had authorized purchase of the dishwasher.
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board upheld the action taken by the Chairman in authorizing the purchase of a new dishwasher for the Lake County Jail, on an installed and guaranteed basis, from Wittig Equipment Company, Inc. of Leesburg in the amount of $3,558.00.
Commrs . Burhans and Smoak voted "No". Commr . Smoak stated that he was not in opposition to the Chairman's actions, but that he was in opposition to the prisoners not doing the work themselves.
MENTAL HEALTH/LAWS & LEGISLATION
Commr. Burhans reported that the Legislature has been discussing placing Lake County with the East Central Florida Regional Health Planning Council instead of being in the North Central Florida Regional Health Planning Council.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board directed that Mr. Everett Kelly, Representative, be advised that Lake County is in agreement with being placed with the East Central Florida Regional Health Planning Council instead of the North Central Florida Regional Helath Planning Council.
SHERIFF'S DEPARTMENT/ACCOUNTS ALLOWED
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $25.00 to reimburse the Lake County Sheriff's Department for sending Sgt. Claude Gnann to the Motor Vehicle & Equipment Theft Identification Training Seminar held at Mid-Florida Technical Institute, Orlando, Florida, April 4, through 6, 1983.
PUBLIC HEALTH
Commr. Windram informed the Board he had received a letter from Central Florida Ambulance Service, Inc. requesting a Certificate of Public Convenience and Necessity, limited to those situations where their basic life support service could provide aid when traveling through Lake County and coming upon a scene of an accident or situation which requires emergency care.
Mr. Ford stated that he felt the Company should have a Certificate of Public Convenience and Necessity.
Commr. Burhans informed the Board that the Health Advisory Committee would be meeting and would make a recommendation to the Board on this request
FAIRGROUNDS/PUBLIC WORKS
Commr. Windram informed the Board a Certificate of Appreciation had been received from the Lake County Fair Association for the 1983 Lake County Fair along with a letter of commendation to Mr. Mike Willett, Director of Development & Public Works.
SHERIFF'S DEPARTMENT/ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $662.50 to reimburse the Lake County Sheriff's Department for Deputy John B. Thornton, Jr. attending the Law Enforcement Training School held at the Sea Turtle Inn, Atlantic Beach, Florida, from March 21, through April 1, 1983.
REPORTS/FIRE DISTRICTS-DEPARTMENTS/AUDITS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the following reports:
1. Distribution of Revenue, Traffic/Criminal Cases for the week ending March 31, 1983 ($6,415.47).
2. Comprehensive Annual Financial Report for the Northwest Lake County Fire District for the Fiscal Year ending September 30, 1982.
COUNTY PROPERTY
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the following items to be deleted from the Fixed Assets list for the month of April, 1983:
PROP. # DEPT. ITEM AMOUNT REASON
785 Ag. Center Typewriter Table $15.00 To be junked
1325 Nursing Home Wood Chair 55.30 To be junked
1790 Surplus 4 Drawer File 10.00 To be junked
2256 Surplus Air Conditioner 275.00 To be junked
2621 Surplus Arm Chair Wood 25.00 To be junked
3600 Surplus Marble Arm Chair 5.00 To be junked
6121 Surplus Vacuum Cleaner 29.95 To be junked
7271 Surplus Royal Calculator 99.00 To be junked
7291 Surplus Wood Table - 8 ft. 110.00 To be junked
TOTAL $624.25
CLERK/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction of Judgment for Tony Williams Stephens, Juvenile, and Vester and Carolyn Stephens, Parents, in the amount of $150.00, Case #82-384-CJ.
PUBLIC HEALTH/HEALTH DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Petition for admission to the A. G. Holley State Hospital for Ernest Lee Crenshaw.
TAX COLLECTOR
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board designated the Leesburg Commercial to publish the Delinquent Tax List.
The Board directed Mr. Ford, County Attorney, to research the requirements to adding new newspapers to the list for the publishing of the delinquent tax notices.
SIGNS/PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Central Florida Council, Boy Scouts of America, for two "Camp La- No-Che" signs to be placed on S.R. 42 and Maggie Jones Road, #5- 7991, at no charge to the Boy Scouts.
SUBDIVISIONS/ESCROW
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to release the Maintenance Escrow Agreement for Dora1 Estates Subdivision.
PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following one-time maintenance:
1 . Repair of Division Street for Margie Wincey at a total cost of $150.00.
2 . Repair of Palm Drive, North Orange Avenue, and Oak Drive for Charles Nunley at a total cost of $450.00.
MUNICIPALITIES/ZONING
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request by the Town of Astatula and rezoned the property owned by William and Edith Kruppner from Agriculture to the Town of Astatula's zoning classification of RH (Residential Holding - which requires 3 acres for a dwelling unit). The property was annexed on July 13, 1981.
ASSESSMENTS
Mr. Mike Willett, Director of Development & Public Works, addressed the Board to discuss the estimate received for improving North Palm Circle in Eustis Heights. Mr. Willett explained that this was the project which a part of the road is paved and part of the road is a dirt track. Mrs. Kathy McDonald, Administrative Assistant, stated that the estimate received from the contractor was higher than the figures given to the property owners. She stated that the Public Works Department did not have 55% of the property owners on the new construction (the dirt track), but if the project was combined with the paved portion the requirements are met. Mr. Willett stated the estimate was $8.55 per front foot for the new construction.
Commr. Carson made a motion to authorize the improvements of North Palm Circle, including the extension (dirt track) on a basis of the price per foot as stated by the Department on the new construction with the improvements being done on the extension under the mandatory lien assessment and the paved portion being done under the lien assessment program.
Commr. Carson withdrew his motion.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved for the improvements on North Palm Circle - Eustis Heights to be done under the mandatory lien assessment.
BONDS-MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request of Dennis V. Spinabella - Montverde Area - District #3, to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed from the property when the conventional dwelling unit has been completed or upon the request of the Board of County Commissioners.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved cancellation of the mobile home bond for Grady and Thelma Hyatt in that the construction of the conventional dwelling unit has been completed and the mobile home removed from the property.
SUBDIVISIONS/PUBLIC WORKS
Mr. Wayne Saunders, Crescent View Subdivision, addressed the Board to discuss the width of the pavement for the roads in his Subdivision. He was requesting the width be 16 feet instead of the 18 foot requirement.
Mr. Benedum, Public Works Coordinator, stated that he had
looked at the road and felt that an 18 to 20 foot road could be
installed easily. He stated that approximately two to three trees
would have to be removed and one to two utility poles be moved.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to uphold the County's
policies for the roads to be widened to 18 feet.
SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the Wolfbranch Estates Subdivision plat for recording and accepted the Irrevocable Letter of Credit for construction in the amount of $llO,OOO.OO.
Commr. Burhans was not present for the vote.
FAIRGROUNDS/BIDS/PURCHASING
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Purchasing Department to seal bid the insulation of the Clements Building at the Fairgrounds and the sandblasting and repainting of the LaRoe Pavillion at the Fairgrounds.
COUNTY EMPLOYEES/PERSONNEL
Mr. Glenn Timmons, Personnel Director, addressed the Board to discuss merit increases for county employees from the following departments:
Agriculture Center Custodial & Maintenance
Personnel Landfill
Pollution Control Public Works
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the merit increases for county employees as recommended by Mr. Timmons.
COUNTY EMPLOYEES/POLLUTION CONTROL
Commr. Windram stated he had received a memorandum from Mike Willett, Director of Development & Public Works, requesting a salary increase for Mr. Ted Wicks, Pollution Control Director.
Mr. Willett stated that other counties had been contacted as to positions and salary ranges comparable to Mr. Wicks' position. He recommended the Board approve the salary increase for Mr. Wicks.
It was further noted that the funds were not in the Pollution Control Budget, but that Pollution Control would be receiving $2,200.00 of unbudgeted revenue that could be put into the budget to cover the increase.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the salary increase for Mr. Ted Wicks, Pollution Control Director, as recommended by Mr. Mike Willett, Director of Development & Public Works, and Mr. Glenn Timmons, Personnel Director. The Board directed the Chairman to write a letter of commendation to Mr. Wicks.
CLERK/COMMUNICATIONS/STATE AGENCIES
Commr. Windram informed the Board he had received a request from Sgt. Alderman, Florida Highway Patrol in Orange County, requesting the County supply radar guns for the Highway Patrol to use on the portion of the turnpike in Lake County. Commr. Windram stated that Sgt. Alderman stated that during 1982, 5,277 arrests had been made on the turnpike within Lake County. Commr. Windram stated that he would check on the statistics of traffic violations on the turnpike in Lake County with the Clerk's Office, Traffic Division, and would report back to the Board.
CETA/ACCOUNTS ALLOWED
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the travel request for one (1) member of the CETA Administrative staff and one (1) member of the Private Industry Council to attend a meeting on the transition from CETA to the Job Training Partnership Act (JTPA) in Savannah, Georgia, May 11-13, 1983, with all costs to be paid from CETA Administrative funds.
CODE VIOLATIONS/ZONING
Mr. Mike Willett, Director of Development & Public Works, addressed the Board to discuss the situation regarding the Kuharske property on Bay Lake Road. He stated that his Department had researched all the minutes. He explained that in 1963 there was a warranty deed accepted for the property to be used as a clay pit. He stated that in August of 1963 the Kurharskes requested to have the first refusal to repurchase the property should the County offer it for sale after it has served the County's purpose. In 1969, the Board declared the property surplus and in October of the same year, bids were opened and Mr. Kuharske was the only bidder and repurchased the property for $201.00, with the provision that Lake County would have the right to mine clay for a period of five (5) years. He explained that at that time Commr. Macdonell said the provision is in error, the stipulation was for the County to use the property for a landfill site and that it had been approved to accept the bid from Mr. Kuharske with the provision that the County lease the property for a landfill site at the rate of $1.00 per year for a five year period with the right to renew. Mr. Willett further stated that a copy of the lease agreement could not be located. He stated that in 1974 the deed to the property was recorded back to the Kuharskes.
Mr. Willett stated that the property had been cited by the Code Enforcement Board. He stated that it would be impossible to bury the garbage as there is approximately 2 to 5 feet of water at the bottom of the pit. He recommended setting up a transfer station in the area using open-top, self-unloading transfer trailers which are available. He recommended setting the station up for two (2) days a week.
Commr. Carson suggested a one-time operation of hauling in fill to cover the dump, place a fence around the dump and put up signs stating that the dump could not be used. Mr. Willett stated that the people using the site would probably dump their garbage on the right-of-way.
Discussion continued regarding using an open-top trailer with an attendant being present during the operation. Mr. Willett recommended that the trailer be placed in Bay Lake for two days and then be moved to the Mount Plymouth/Sorrento area for two days. He stated that the approximate cost in purchasing a used trailer would be $6,000.00.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved Mr. Willett's suggestion of a transfer station at the Kuharske site and directed Mr. Willett to come back before the Board with further details.
PUBLIC WORKS
Mr. Mike Willett, Director of Development & Public Works, addressed the Board to discuss the drainage problem on the loop off of A.B. Merritt Road. He stated he was attending a meeting with the property owners to discuss the situation. Mr. Willett stated that one property owner had not given a drainage easement on his property. The property owner then filled the culvert up; therefore, not allowing the water to drain properly. He further stated that even if the culvert was opened, the water still would not drain properly due to the height of the lake.
Mr. Willett stated that the current lien assessment program was not acceptable to the property owners.
Commr. Carson stated that the water elevations for the area should be on file in the Water Authority's office.
Discussion occurred regarding the Public Works Department going out and looking at the elevations and assisting the property owners in determining if they would want to incur the expense of transversing the wetlands.
Discussion continued regarding an alternative of the one- time maintenance. Mr. Willett stated that the approximate cost of a one-time maintenance would be $5,000-$6,000.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board directed Mr. Willett to convey the Board's position of adhering to the Board's lien assessment policy--40% County participation, 60% property owner participation and the necessary right-of-way.
ANIMAL SHELTER
Commr . Smoak informed the Board a meeting had been held with members from the Humane Society and Veterinarian Association. He stated that Dr. Allen, Veterinarian, reported that there has not been an increase in fees in the neutering program on adopted animals. He stated that the Veterinarian Association has proposed a 20% increase in fees in all neutering of cats and dogs.
Discussion occurred regarding the adoption fees remaining the same and the increase in fees being paid from the Crum Trust Account.
Further discussion was postponed until a financial report regarding the Crum Trust Account could be obtained.
COMMISSIONERS
Mr. Chris Ford, County Attorney, addressed the Board to report on calling for the question in order to end discussion on an item. He stated that the calling for the question would have to be seconded and carried with a 2/3 (4/5 for the Board) to cut off the discussion. He stated he would be giving the Board a written memorandum on his findings. The Board also suggested Mr. Ford research and comment on the motion to table.
LAWS & LEGISLATION
Discussion occurred regarding the Board receiving copies of bills of proposed legislation pertaining to Lake County. Commr. Windram stated he did receive a summary of all the legislation that was being proposed but it did not go into detail.
Commr . Carson stated that he would discuss with the State Association of County Commissioners the possibility of developing a bill identification type service.
Mr. Ford, County Attorney, suggested hiring Mr. Wilson Wright, an attorney who used to work with the State Association of County Commissioners, to work with the County on obtaining the proposed bills which pertained to Lake County. He stated that if the Board was in agreement, he could check with Mr. Wright to see what his fees would be.
Commr. Carson reminded the Board of the meeting of the State Association of County Commissioners being held on June 17 and 18, 1983, at Mission Inn at Howey-in-the-Hills.
The Board referred this to Commr. Carson for further research and to report back to the Board.
RECESS & REASSEMBLY
At 11:35 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 CUP #850-4 CUP in A Church of God of Prophecy
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 CUP in A (Agriculture) for a church.
PUBLIC HEARING #123-82-4 A to MP or CP Carvious B. Robinson
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 rezoning from A (Agriculture) to CP (Planned Commercial).
PUBLIC HEARING #30-83-4 RP to R-l-5 Patricia Johnson
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 RP (Multiple Family Residential Professional) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING ACUP #282-l Revocation of ACUP Patricia
Johnson
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 revocation of ACUP #282-l.
PUBLIC HEARING CUP #854-2 CUP in R-l-5 Patricia Johnson
Mr. Ronald Johnson addressed the Board to discuss this case.
He requested that the number of adults being housed in the facility be changed from three (3) to six (6). He further stated that there are currently four (4) adults in residence at the facility. Discussion occurred regarding the regulations of HRS. Mr. Ford, County Attorney, suggested the Board approve the three (3) adults already approved by the Planning Commission and authorize that the CUP be taken back to the Planning Commission for the additional request.
Mr. Jerry Grief, Planning Department, suggested that the Board could adopt language to be included in the CUP to state that the limitation could not exceed six (6) following the guidelines of HRS.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in R-l-5 (Mobile or Mixed Residential) for an Adult Congregate Living Facility and approved to waive the fees for Mrs. Johnson should she wish to amend the CUP for a larger number of residents allowed in the facility.
PUBLIC HEARING #13-83-3 RM to RP John McLeod
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RM (Mobile Home Residential) to RP (Multi Family Residential-Professional).
PUBLIC HEARING CUP #852-4 CUP in A Herman Heidrich
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Department and accepted the withdrawal of this rezoning case by the applicant.
PUBLIC HEARING #32-83-5 R-l-7 to C-l H. 0. Williams, Jr.
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial).
PUBLIC HEARING #40-83-5 A to CP Robert A. Meeks
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 Commerical).
PUBLIC HEARING CUP's #454-5 & 454A-5 Revocation P & Z Staff
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 revocation of CUP's #454-5 and #454A-5.
PUBLIC HEARING #29-83-5 A to AR Eldred J. Duvall
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this rezoning case until July 12, 1983, until 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #33-83-4 RR to ER or R-1-15 Robert & Melina
Walter
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 RR (Rural Residential) to R-1-15 (Residential Estates).
PUBLIC HEARING #31-83-3 LM & RR to RM George Waller
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from LM (Light Manufacturing) & RR (Rural Residential) to RM (Mobile Home Residential).
PUBLIC HEARING #41-83-l Amend CP F & G Brill Enterprises
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 CP (Planned Commercial) to include a locksmith shop.
ZONING/ORDINANCES
Mr. Stephen Vaughn, Mt. Dora, addressed the Board to discuss amending the Ordinance in regards to amending the CP when the same type of business takes over the building requiring no additional square footage or additional parking. He stated that these type of businesses should be able to begin its operation without requesting an amendment to the CP. He further stated a request to amend the CP should be brought before the Board only if a major change is necessary.
Commr. Carson stated that it was his opinion that the reason for the CP Zone was to make the Board aware of what type of business would be operating in the facility prior to rezoning. The Board directed the Planning Department and the County Attorney to research Mr. Vaughn's suggestion and report back to the Board.
PUBLIC HEARING #38-83-l c-2 to CP Vincent Fechtel, Jr.
Mr. Archie Catrell, abutting property owner, addressed the Board to discuss this case. He stated that he had no objections to the proposed use of the property, but he had some concerns with the turn lanes.
Mr. Jerry Sexton, Planning Coordinator, stated that the Planning Department had problems with the size of the site. He stated that the site plan was inadequate.
Mr. Steve Richey, attorney representing the petitioner, addressed the Board regarding this case. He stated that the site plan presented to the Planning Commission had been a preliminary plan. He stated that they would put in turn lanes if it was warranted by DOT.
Mr. Glenn Summers, Wendy's Corporation, also addressed the Board to discuss turn lanes. Considerable discussion occurred regarding the acceleration/deceleration lanes.
Mr. Willett, Director of Development & Public Works, questioned if Mr. Richey's client would be willing to hire an independent traffic engineer of the County's choice to review the situation. Mr. Richey stated that he preferred the study to be conducted by DOT.
Mr. Vince Fechtel, property owner, addressed the Board to discuss this case. He stated the reason the property was chosen was that it was adjacent to the road leading into the Angler's Resort and would avoid U-turning to get to the property on which Wendy's would be located.
Discussion occurred regarding adding the stipulation to the CP that should DOT require acceleration/deceleration lanes, that the expenses would be paid by the property owners. Mr. Sexton stated that this could be added to the CP.
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 C-2 (Community Commercial) to CP (Planned Commercial) and should DOT require acceleration/deceleration lanes in the future, they would be installed at the expense of the property owners.
PUBLIC HEARING #39-83-l C-2 to CP Vincent Fechtel, Jr.
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 accepted the applicant's request for withdrawal.
PUBLIC HEARING CUP #853-l CUP in C-2 Roy Jones
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 denied the CUP in C-2 (Community Commercial) for a caretaker's residence.
PUBLIC HEARING #24-83-5 A to C-1 Robert C. Grisby
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 May 10, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #26-83-l RR to R-1-5 Theodore P. Lewis
Mr. Theodore Lewis, petitioner, addressed the Board regarding this case. He questioned the difference between a mobile home and a manufactured home. Mr. Grief, Planning Department, stated that a modular home could be placed on the property with the current rezoning if the home met the building codes. He further stated that the property was a legal lot of record.
Mr. William Cullen, Mr. Lewis' brother-in-law, addressed the Board to discuss this case.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from RR (Rural Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING CUP #855-l CUP in A AT & T (N. S. Winkler)
No one present wished to discuss this 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 May 10, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #37-83-2 RP to A Jessie & Mae Dean Halfacre
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from RP (Multiple Family Residential-Professional) to A (Agriculture).
Commr. Carson was not present for the vote.
PUBLIC HEARING #34-83-2 Amend CP William A. Nelson
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and.carried, the Board upheld the recommendation of the Planning Commission and approved rezoning to Amend CP (Planned Commerical) to change use and to include mini-warehouses and include additional property zoned R-l-7 (Urban Residential).
Commr. Carson was not present for the vote.
PUBLIC HEARING #28-83-2 R-l-7 to A William T. Senn
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 A (Agriculture).
PUBLIC HEARING CUP #856-2 CUP in A & RR M & N Leasing
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Rurhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) and RR (Rural Residential) for a dock.
PUBLIC HEARING #36-83-3 A to ER Lee Villa Properties
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to ER (Estate Residential).
PUBLIC HEARING #27-83-3 A to RR Jasiel N. Ball
Mr. Jasiel Ball, petitioner, addressed the Board requesting
that this case be postponed in order for him to obtain additional information to present to the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this case until June 14, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #25-83-3 R-l-7 to A Ronald B. Monk
No one present wished to discuss this case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to A (Agriculture).
PUBLIC HEARING CUP #385C-3 Amend CUP Florida Crushed Stone
co.
Mr. Jerry Grief, Planning Department, informed the Board he had received a request from the attorney of the petitioner requesting postponement of this case.
Mr. Don Huntington, property owner in the area, addressed the Board and stated he felt that a thirty (30) day postponement would be too long in view of the fact that the Company was already in violation. Mr. Bill Lord also presented photographs showing the damaged being caused.
Mr. Ted Wicks, Pollution Control Director, addressed the Board to state that the Florida Crushed Stone Company has been cited for a code violation. He stated that his staff had investigated, along with the Code Enforcement staff, the encroachments on the setbacks.
Mr. Fred Morrison, representing Florida Crushed Stone Company, addressed the Board and stated the Company had hired a consultant engineer and would like to postpone this case until the engineer could be present to discuss the situation with the Board.
Mr. Chris Ford, County Attorney, stated that the Board could order the Company to cease and desist mining in any area where the Conditional Use Permit has prohibited them from mining. He stated unless the Company would voluntarily comply with request, the only alternative would be for the County to get an injunction from the Court to stop the mining in that area.
Mr. Morrison stated he felt there was not any problem with the cease and desist order against the Company prohibiting the mining in the area where it is not being mined legally.
Mr. Ford recommended the Board issue a cease and desist order to the Company and then grant the postponement. Discussion occurred regarding revoking the entire CUP.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to take the proper and necessary steps to indicate to Florida Crushed Stone that they shall cease and desist any further mining operations within the required setbacks under the CUP in which they operate and that they prepare and present to the Board a restoration plan to observe the required setbacks and the slopes and the restoration of adjacent properties.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this case until May 3, 1983, at 10:30 a.m.
PUBLIC HEARING #35-83-5 R-l-7 to RMRP Deanza National
Mobile Estates
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Department and approved the rezoning from R-l-7 (Urban Residential) to RMRP (Mobile Home Rental Residential).
PUBLIC HEARING #l-83-4 A to RM R. Van Dellen
Mr. Robert Vason, representing Mr. Van Dellen, addressed the Board regarding this case. He stated that the property is not suited for agriculture use. He stated he felt that the property was suited for mobile homes. It was noted that under the RM zone, it would allow 1,600 mobile homes to be placed on the portion of the property which would be suitable as lots for mobile homes (approximately 35-40 acres).
Commr. Smoak stated the reason he did not support the rezoning was that it would be difficult to deny similar requests in other areas.
Discussion occurred regarding rezoning the property to AR (Agriculture Residential) with a PUD. Mr. Grief, Planning Department, stated that the AR zone does not allow mobile homes.
Mrs. Jane Seagraves, Cassia, addressed the Board in opposition to the rezoning.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from A (Agriculture) to RM (Mobile Home Residential).
PUBLIC HEARING CUP #547A-3 Amend CUP Vacation Village
Condo Association, Inc.
Mrs. Phyllis Warren addressed the Board to discuss this case. She stated that she objected to Lot 4 being turned into a parking lot. She further stated she would like the property to remain residential.
Mr. Steve Richey, representing the property owner, addressed the Board regarding this case. He stated there was not a dock on the beach and that no marina type activities would be conducted on the lot. He further stated that his client did not want to use Lot 4 as a parking area. He further stated that the CUP expresses that no commercial activities would be allowed on Lots 3 and 4. He further stated that the use of the ramp would be restricted to the Condominium users.
Mr. Patrick Cole, Lot 5, addressed the Board to discuss the parking situation.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the CUP as follows:
2 . The Planning Department recommends that no commercial activity such as rental of boats, ramp rental, servicing of boats, parking or storage of boats, trailers or vehicles or any other commercial use be allowed on the site.
3. The ramp use shall be restricted to members of Vacation Village Condominium Association, Inc.
The motion also included that the off-street required parking be contained on-site within the Vacation Village Condominium Association, Inc. 's property to the north of Lake Louisa Road, with no parking on the lake side and on Lots 3 and 4.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to Amend CUP #547-3 in R-l-7 (Urban Residential) to include additional land in R-l-7 (Urban Residential) as amended by the Board.
ANIMAL SHELTER
Cdmmr. Smoak reported that Ms. Frankie Thorp, Animal Shelter Supervisor, had stated that she felt there are adequate funds in the Crum Trust Account to cover the increases requested by the veterinarians.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the increase in fees as charged by the veterinarians on the neutering of animals who are adopted at the Lake County Animal Shelter and that the increase of fees be funded by the Crum Trust Account provided that the additional funds are available without reducing the principal of the Crum Trust and if they are not, that it be brought back before the Board for further discussion.
REZONING
PUBLIC HEARING CUP #850-4 CUP in A Church of God of Prophecy
Mr. Don Friedman, representing the petitioner, addressed the Board regarding this rezoning case. It was noted that this land has been sited with a code violation. Mr. Friedman explained that the Church needed a place to worship until construction on the Church had been completed. He stated that the Church would be vacating these premises at the end of thirty (30) days. The Board directed Mr. Mike Willett, Director of Development & Public Works, to hold the case going before the Code Enforcement Board until June to allow the Church to come into compliance.
COMMUNICATIONS
Commr. Windram informed the Board that he had received a letter from Mr. Carl Duncan expressing his appreciation to the Board adopting a Resolution commemorating his 84th birthday and his service to Lake County.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:30 p.m.
Thomas J Windram, Chairman
James C. Watkins, Clerk
mcg/4-14-83