A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 6, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, March 6, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

Commr. Carson was not present for the meeting.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of February 7, 1984, as submitted.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of February 21, 1984, as amended.

ACCOUNTS ALLOWED/PRIVATE INDUSTRY COUNCIL

Jim Flowers, Director of the Private Industry Council, appeared before the Board to discuss his memorandum regarding the Notification of Changes to the Volusia, Lake, Flagler Private Industry Council Job Training Plan.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman to sign the Notification of 'Change to the Volusia, Lake, Flagler Private Industry Council Grant as presented by Mr. Flowers.

Included in the motion was approval of the Private Industry

Council Director's 1984 Summer Youth Employment Training Program

staffing plan as presented by Mr. Flowers.

BONDS/SUBDIVISIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to release the Maintenance Bond on Lake Joanna Estates Subdivision.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved final payment to Trac Roadbuilders, Inc. in the amount of $19,892.00 for installation of drainage pipe at Lake Dora/Lake Saunders vicinity.

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved partial payment to Hewitt Contracting Company, Inc., in the amount of $39,608.90 for Project No. SA-14, Coronado, Somerset and Coronado Drive South.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved partial payment to Hewitt Contracting Company, Inc., in the amount of $9,007.92 for Project N O . 2-84, Rainey Road, Walton Heath Avenue, Division Street and Evergreen Court (Revenue Sharing).

SIGNS/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request for "No Parking" signs on C-435 in front of Oak Springs Mobile Home Park.

At this time Commr. Smoak requested the Public Works Department to investigate Grand Highway where it intersects with Highway 50 for a "No Parking" sign.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for a 35 M.P.H. speed limit sign on Landfill Road #l-6903.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board awarded Project No. 5-84, C-474 Resurfacing to Asphalt Pavers, Inc., in the amount of $363,600.00.

DEEDS/RIGHT-OF-WAYS-ROADS-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the following Right-of- way Deeds:

1 . Gary Rowe, Mark L. Rowe, and Jon R. Rowe on Emeralda Island Road #5-7528.

2. George T. Cason and Lila L. Cason on Cherry Lake Road

#3-1833.

3. H. L. Wikel on Bruce Hunt Road #3-2541.

4. Daniel B. Ceribelli and Judith G. Ceribelli on French

Road #l-7612.

Commr . Smoak informed the Board that the County now has all of the right-of-way on Cherry Lake Road with the exception of Mr. Caruso, Southern Fruit Company of Winter Garden. Commr. Smoak stated that he would speak with Mr. Caruso again; however, if the

County should unsuccessfully acquire that right-of-way, the County should consider filing a maintenance map.

RIGHT-OF-WAYS-ROADS-EASEMENTS/DEEDS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted the following Drainage Easements:

1. George T. Cason and Lila L. Cason on Cherry Lake Road

#3-1833

2. C. W. Sorey and Hulda M. Sorey on Spring Lake Road

#l-6304

At this time Ben Benedum, Public Works Coordinator, reported on the right-of-way at Radio Road.

ASSESSMENTS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the corrected assessment roll on Project No. SA-13 (Claire, Lee, and Haines Street

Extension in Bassville Park).

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for Dan Kotulla, Assistant Planning and Zoning Coordinator, and Barbara Landwehr, Assistant Planner, to attend the Conference in Tallahassee on Growth Management in Florida on March 17, 1984, for a total cost of $140.00 ($70.00 per person).

PUBLIC WORKS

Mrs. Norma Macks, Groveland Farms, appeared before the Board to discuss the drainage problem she is having on her property resulting from the surrounding county roads.

Ben Benedum, Public Works Coordinator, reported on the original culvert pipe placed by the County at Groveland Farm Road.

Mr. Alvin Macks, Groveland Farms, appeared before the Board and stated that the reason for the placement of the six inch pipe as opposed to a larger pipe size was because it was installed at the property owner's expense. Mr. Macks stated that Mr. Gibbs stopped the natural drain on his own property by closing the pipe. Mr. Macks further stated that he had contacted various County departments along with the St. Johns Water Management District, for assistance with his problem, but as of this date has received none. He stated that he has had to build a dam and place a pump on his property to keep his well from being under water. Mr. Macks stated that approximately 240 feet of six inch pipe has been placed.

Mrs. Harvey Morton, Groveland Farms, appeared before the Board to discuss the drainage on her property. Mrs. Morton stated that she would be willing to dig up the six inch pipe on her property if larger pipe was made available to her at an affordable price.

Discussion occurred regarding the County providing the pipe and the willingness of the property owners installing the pipe and providing the County with a Drainage Easement.

Commr . Smoak suggested that a 240-250 foot field fence be constructed at the ditch site to prevent accidents.

Discussion occurred regarding the County providing

maintenance should the County supply the pipe for the area discussed.

Christopher Ford, County Attorney, stated that if the County, along with the landowners, sued Mr. Gibbs to open the ditch, the County would probably lose the suit; but with the landowners participation in the suit as plaintiff, the lawsuit might be won and the court might order Mr. Gibbs to open the ditch. Mr. Ford stated that this was just a suggestion.

Commr . Smoak suggested that the Board consider referring the drainage problems indicated today to the Pollution Control Department, and in turn, if they are in agreement that the problem is being created, that the Board authorize Pollution Control to convey to the St. Johns Water Management District the Board's feeling that the County would like to see the landowners' problems resolved by restoration of the natural drainage problem.

Paulette Muller, Director of Pollution Control, reported to the Board that her staff has visited the area and feels that the action taken by Mr. Gibbs is not in accordance with the law. Mrs. Muller stated that she would review the aerials and speak with the St. Johns Water Management District.

Mr. and Mrs. Macks discussed with the Board and Debbie Hall, Code Enforcement, a problem that they had with Bruce Womack, Code Enforcement Officer.

It was noted that Mrs. Muller would contact Mr. and Mrs. Mack after her research of the aerials, and Michael Willett, County Administrator, would investigate the incident with Bruce Womack.

LANDFILLS

Paulette Muller, Director of Pollution Control, reported to the Board on the new rules and regulations regarding landfills that will be effective July 1, 1984, and the new sludge rules that will be effective June 16, 1984, in Lake County.

COUNTY EMPLOYEES/POLLUTION CONTROL

Paulette Muller, Director of Pollution Control, appeared before the Board to discuss the salary for Dave Rosenau,

Environmental Engineer.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the salary of $17,500 for Dave Rosenau, Environmental Engineer.

ORDINANCES/ZONING

Michael Willett, County Administrator, addressed the Board regarding the adoption of the proposed Zoning Ordinance under Chapter 163. Mr. Willett stated the following reasons as being advantages of adopting the Ordinance under Chapter 163:

(a) Unified Authority and Power to Control Development and Implement the Comprehensive Plan.

(b) Utilization of Existing Case Law in Court Challenges.

(c) Delegation by the Board of County Commissioners to More Specialized Boards of Non-Policy Making Decisions.

(d) Ability to Vacate Non-Conforming Subdivision Plats.

Mr. Willett stated the following significant mandatory changes required for adoption under Chapter 163:

(1) Conditional Uses Changed to Special Exceptions.

(2) Final Decision to Approve or Deny Special Exceptions Made by Board of Adjustment Rather than Board of County Commissioners.

Dan Kotulla, Assistant Planning and Zoning Coordinator, distributed to the Board members a list of the Special Exceptions for their review.

Sandy Minkoff, County Attorney's Office, informed the Board that the Board of Adjustment would not base the Special Exceptions on discretion, but on presumption. Mr. Minkoff stated that under the Special Exceptions, if applicants meet the special criteria, and there is a presumption, the Board of Adjustment still has the discretion to turn it down if it finds that the use is contrary to the health, safety and welfare at that location, whereas under the Conditional Use Permit, there is no presumption that the applicant would be entitled to get the use.

Commr. Smoak stated that if the Ordinance is adopted under Chapter 163, the County would be in a position where it would have to examine in detail the existing zoning of the County and try to bring the current zoning in conformance with the long range growth plan of the County.

Discussion occurred regarding the Special Exceptions and the Board of Adjustment versus Conditional Use Permits and the Board of County Commissioners.

Fred Kramer, Planning and Zoning Commission, addressed the Board regarding the Planning and Zoning Commission making the Special Exception recommendations to the Board of Adjustments. Mr. Kramer stated that he felt that the Board of County

Commissioners should have the final decision on the Special Exceptions.

Dick Edgerton, Mt. Dora, addressed the Board about his concern regarding the Board of County Commissioners turning over their responsibilities to the Board of Adjustment. Mr. Edgerton suggested that the appointments to the Board of Adjustment serve at the pleasure of the Board of County Commissioners.

Commr. Smoak stated that he is supportive of the adoption of the Ordinance under Chapter 163 because it standarizes the rules and regulations that everyone that wishes to operate in this County in any type of development would be subjected to.

Mr. Minkoff stated that the only disadvantage to not adopting the Ordinance under Chapter 163 is a slight risk if one of the local judges or one of our Court of Appeals rules that the County's Conditional Use Permits are nothing but Special Exceptions. Mr. Minkoff stated that the County could create the Special Exceptions probably within the County's framework of current acts.

It was the feeling of the Board to let the proposed Zoning Ordinance go to the citizens for public hearings.

Discussion occurred regarding the selection of applicants to the Board of Adjustment.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board directed the Public Works' staff to begin their advertising for public hearings for workshops on the proposed Zoning Ordinance.

RECESS & REASSEMBLY

At 12:05 p.m the Board recessed for lunch. The Board reconvened at 2:00 p.m. for the continuation of the Public Works Agenda.

ORDINANCES/ZONING

At this time it was noted that Commr. Deems was not present for the afternoon session of the meeting.

Discussion occurred regarding (C) Summary of Other Changes on the Zoning Ordinance Revision Agenda. The Board first discussed (C)(l) Reduction in the Minimum Lot Size in the "A" and "RA" Zoning Districts from 5 Acres to 4 l/2 Acres. At this time it was the understanding of the Board that they had agreed upon 5 acres including right-of-ways and easements.

Mr. Willett recommended that the 5 acres including right- of-ways and easements be done in "RA", but to make "A" a larger acreage. Mr. Willett stated that the problem he had with the Board's feeling was that the density was being lowered in "A" where it made it easier to subdivide in a zoning district that was not designed to be subdivided. Mr. Willett further stated that his problem was subdividing new land.

Discussion occurred regarding bona fide agricultural land and the concern of keeping agricultural land strictly for agriculture.

Discussion occurred regarding Summary of Other Changes, (C)(2) Elimination of the "R-1-10" and "RMRP" Zoning Districts.

Mr. Kotulla stated that the reason for the elimination of "R-1-10" was because of few requests for the zoning.

Discussion occurred regarding "RMRP" and street requirements.

Discussion occurred regarding Summary of Other Changes, (C)(3) Creation of a "PFD-Public Facility District". Mr. Willett stated that it was created to reduce the amount of Special

Exceptions.

Discussion occurred reagarding Summary of Other Changes, (C)(4) Increase in the Side and Rear Setbacks for Those Residential Zoning Districts Presently Requiring 5 Feet to 7 l/2 Feet. Mr. Willett stated that he objects to more setbacks because the more area used for setbacks, the less area there is for development.

Discussion occurred regarding Summary of Other Changes, (C)(5) Reduction in the Setback from Easement Centerlines on Property Located Adjacent to Legally Created Easements, from 62 feet to 58 feet. Mr. Willett stated that the building line was being moved forward to make it less restrictive.

Discussion occurred regarding Summary of Other Changes, (C)(6) Reduction in Planning and Zoning Board Membership from Ten Members to Seven. It was the feeling of the Board to leave the membership at ten because of the good geographic distribution and backup reasons.

Mr. Kotulla discussed with the Board the preparation of the PUD-Planned Unit Development District and the purpose being to allow greater flexibility and more creative and imaginative design, while allowing the combining of residential, commercial, and industrial land uses. It was further noted that the intention of the District was to promote more economical and efficient use of land, while providing a harmonious variety of housing choices, a higher level of urban amenities, and the preservation of the natural scenic qualities of open spaces. Mr. Kotulla stated that the maximum allowable density shall not exceed that prescribed by the Comprehensive Plan.

Mr. Kotulla discussed with the Board the development of the "RVP-Recreational Vehicle Park District" and the purpose being to provide areas for tourist oriented park-like living environments, for occupancy by recreational vehicles as temporary living quarters for travel, recreation, or vacation purposes.

COURTS-JUDGES

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Clerk and Chairman to sign the Satisfaction of Judgment for Michael Ray Likely, Child, and Leroy Likely and Lietha Leet Likely, Parents, in the amount of $150.00, Case #82-286-CJ.

BONDS - CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the Contractor Bonds as follows:

New

1937-84 Michael Cochran (Concrete Contractor)

4065-84 Michael Shea d/b/a Kendall Plumbing Company (Plumbing)

4093-84 Lawrence J. Scotchie (Building)

4094-84 William L. Livingston (Residential)

4095-84 Robert Von Kaas (Plumbing)

4096-84 Gary W. Rauch (Residential)

4097-84 R. Richard Boliek d/b/a Lake Glass & Mirror, Inc.

(Glass)

1950 Richard L. Gerth

LICENSES AND PERMITS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following gun permits and bonds:

New

Freddie Ann Beasley Dewayne M. Kreeger

Robert E. Chapo Tony Larry Hardy

Renewal

Additions

Pat Denman

ACCOUNTS ALLOWED/BONDS/FIRE DISTRICTS - FIRE DEPARTMENTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of Warrant #38476 through Warrant #38775 for the following accounts:

General Revenue

Fine & Forfeiture

County Transportation Trust

Revenue Sharing

Mosquito Control

Law Library

Aquatic Weed

Section 8

PIC

Landfill County Wide Library

Special Assessments

Included in the motion was approval of the Public Official

Bonds for the following:

Larry C. Lipps - Northwest Fire District

Roy L. Wolff - Northwest Fire District

Frank Meade - South Lake Fire District

James R. Baysinger - South Lake Fire District

APPOINTMENTS/MENTAL HEALTH

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the reappointment of Judge Roy Caldwell to the District III Mental Health Board.

FIRE DISTRICTS-FIRE DEPARTMENTS/APPOINTMENTS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the resignation of John Holmes as Fire Commissioner of Paisley Fire District.

DEEDS/REPORTS/FIRE DISTRICTS -FIRE DEPARTMENTS/CHECKS RECEIVED

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board accepted the check from James C. 753 Watkins, Clerk, in the amount of $429.19 for unclaimed excess proceeds due landowners on applications for tax deeds.

Included in the motion the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the following weeks:

February 17, 1984 - $10,848.97

February 24, 1984 - $ 9,100.80

Included in the motion the Board acknowledged receipt of the following Financial Statements for the year ending September 30, 1983:

Paisley Fire District South Lake Fire District

COURTS-JUDGES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the

signature of the Clerk and the Chairman on the Satisfaction of Judgment for Michael Gene Trent, Child, and his parents, Dale Trent and Mercedes Trent, in the amount of $150.00, Case #83-762- CJ and #83-633-CJ.

ASSESSMENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the following Satisfaction of Assessment Liens:

Lake View Heights

Carl E. Shively & Irma, his wife $574.78

Hilltop Subdivision

Robert E. Horton & Dorothy L., H/W 603.00

Milton L. & Marjorie E. Claflin 946.33

Picciola Harbors

Jerry L. Moye & Shelia Ann, H/W 256.74

Jerry L. Moye & Shelia Ann, H/W 256.74

Western Shores Subdivision

Minnie Lee Roberts 703.43

Lake Junietta Homesites

George H. Goold & Dorothy L., H/W 414.09

Harry R. Griffis, Jr. & Edith N., H/W 333.00

William F. Wiley & Bernice, H/W 266.40

William F. Wiley & Bernice, H/W 402.66

Lake Junietta Homesites (Cont'd.)

Anthony Nerogic & Anna, U/W 321.01

Hilda Smith 333.00

Robert R. Wooldridge & Patricia R., H/W 333.00

Augustus M. Goings & Jean K., H/W 299.70

Elizabeth R. Liston 366.30

William E. Cason & Beverly J., H/W 362.30

Eugene S. Phillips & Ruth P., H/W 333.00

P. M. Cook and Inez, H/W 338.00

La Dora Manor

Max N. Burke & Dorothy A., H/W 183.40

Lloyd J. Melvin & Norma, H/W 224.25

Arthur L. Phillips & Betty L., H/W 209.85

Edward E. Dodenhof & Louise, H/W 209.30

Roy J. Goodeman & Marie B., H/W 209.30

Clarence T. Gudgeon & Eleanor M., H/W 209.30

Leon R. Rising & Donna D., H/W 209.30

Fred F. Kohler & Marie J., H/W 209.30

Charles B. Myers & Lila Jean, H/W 216.43

Arnold E. Maley & Frances W., H/W 183.40

Albert J. Ehmen & Nora L., H/W 183.40

Paul E. Thornton & Bethel A., H/W 209.30

Charles E. Benton & Gladys J., H/W 209.30

Wallace E. Messenger & Lillian, H/W 164.45

Wallace E. Messenger & Lillian, H/W 209.30

Vincent E. Danyow & Pauline G., H/W 209.30

Clayton F. Schwartz & Lorraine B., H/W as to

a life estate Richard F. Schwartz, Nadine A.

Kenna & Barbara Jean Bouman as joint

tenants, as the remainder interests

Estate of G. M. McElyea, deceased under Probate 209.30

File No. 83-403, Lake County, FL and Evelyn

McElyea, as their interest may appear

c/o Neil D. Huebsch Atty. for t he estate 224.25

Howard Barker & Cora, H/W 209.30

RESOLUTIONS/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign a resolution of appreciation to the Ranch and Grove Patrol for their assistance in constructing the boat shed for the Water Authority.

CONTRACTS, LEASES AND AGREEMENTS/HEALTH DEPARTMENT

Michael C. Willett, County Administrator, informed the Board that he had received some correspondence from Dr. June Atkinson concerning the Health and Rehabilitative Services Contract. Mr. Willett recommended the Board have Dr. Atkinson appear before them to discuss the contract.

COUNTY EMPLOYEES/EMERGENCY SERVICES

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the appointment of Joe Stephany as Emergency Services Director at a salary of $14,500.00.

ZONING

Michael C. Willett, County Administrator, discussed with the Board the postponement of the CUP case of the Calvary Baptist Church. Mr. Willett stated that the Church has requested to appear before the Board to discuss the case.

Commr. Smoak stated that the Church is prepared to make a full presentation, including the engineering and soil tests, and Rev. Parkins stated that it would be a hardship to them for an additional 30 day postponement.

Action was postponed until Sandy Minkoff returned to the meeting.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request of Noel E. Griffin, Jr., Sheriff, for monies in the amount of $174.25 to reimburse the Lake County Sheriff's Department for expenses incurred in sending Lieutenant Jimmy Horner to the "Search and Seizure Seminar" held at the University of Florida, February 9- 0, 1984, in pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1.

ZONING

Discussion continued regarding the CUP case of the Calvary Baptist Church.

Sandy Minkoff, County Attorney's Office, stated that the first postponement was because of the soil and the second post- ponement was because of an additional request of a school and site plan.

Commr. Smoak stated that Rev. Parkins had indicated to him that they were prepared to present a full presentation at the Planning and Zoning meeting, but had not included in the

application any indication of running a school in conjunction with the church and it was not in the public notice.

At this time it was the feeling of the Board and Mr. Minkoff that the Board could hear the Calvary Baptist Church's

presentation at their next meeting.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:25 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

TMA/3-9-84