A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 2, 1985
The Lake County Board of County Commissioners met in regular
session on Tuesday, July 2, 1985, 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; James R. Carson, Jr.; C. A. "Lex" Deems; Claude E. Smoak, Jr.: and Thomas J. Windram (arriving at 9:15). Others present were: Michael C. Willett, County Administrator: Christopher C. Ford and Sanford Minkoff, County Attorney's Office: Robert L. Wilson, Finance Director; and Toni M. Austin, Secretary.
Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of June 11, 1985, as presented.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of June 18, 1985, as corrected.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Special Minutes of June 20, 1985, as corrected.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Carson and
carried unanimously, the Board approved the request to purchase one 1985 Ford LTD, V-6, 4-door sedan from Don Reid Ford, Inc. at a price of $8,575 for the right-of-way agent.
ROADS-COUNTY AND STATE/SIGNS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to remove the load limit on Goose Prairie Road, #5-6836.
ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Town of Astatula to purchase the following signs at a total cost of $244.00:
4 stop signs
4 4-way bars
1 no left turn
3 dead end
Included in the motion was approval of the request for Roland Lewis, Solid Waste Manager, to attend the Governmental Refuse Collection and Disposal Association Annual Seminar in Howey-in-the- Hills, Florida, July 24, 1985, through July 26, 1985, at an anticipated cost of $56.00.
CONTRACTS, LEASES AND AGREEMENTS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the Septic Tank Pumping Franchise for A-l Septic Tank Service (Mary Ann Gibson).
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the following right-of- ay deeds:
Beatrice J. Ettinger - Oswalt Road #3-0840
Rodney 0. Berger - Bay Road #4-4260
W. B. & Susan M. McLean - S. Buckhill Road #3-2439
OUTDOOR RECREATIONAL FACILITIES/PLANNING DEPARTMENT
Mr. Bob Fields, Planning Department, appeared before the Board to discuss the study of the Maintenance Review of Lake County Boat Ramps. He stated that Part I of the study gives the locations of the ramps and whether it is maintained by the Federal, State, County or City government.
Discussion occurred regarding the Astor Boat Ramp being maintained by the Game and Fresh Water Fish Commission and the County. Mr. Fields stated that he had reviewed past files in order to determine the maintenance. At this time it was recommended by Commr. Burhans that all of the leases and agreements for the boat ramps be reviewed.
Mr. Fields informed the Board that Part 2 was the individual inspections of each ramp that the County is fully or partially responsible, with the inspection sheets giving the location, condition of facilities, site drawing, and necessary comments. Part 3 takes this information and incorporates it into a priority list based on frequency of use, proximity of the ramps, access and parking, and need of maintenance. These four priority lists are then combined to give a total rank based on Facility Importance and Need of Maintenance. Mr. Fields directed the Board's attention to the priority list on page 71 requesting approval for the use of this list by the Planning Department.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the Maintenance Review of Lake County Boat Ramps report prepared by the Lake County Planning Department; that they check into the statement of the fourteen ramps and report back to the Commission contractual arrangements, and yet be flexible in times of need to be flexible.
GRANTS/OUTDOOR RECREATIONAL FACILITIES
Discussion occurred regarding the use of the Gilbert Park boat ramp and Lake Dora having three other boat ramps to be utilized by the public, and the request to deny the use of the Florida Boating Improvement Program funds.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board denied the request to use Florida Boating Improvement Program funds to repair the Gilbert Park boat ramp.
Commr. Windram voted "no".
Ms. Frankie Thorp, Animal Control Manager, appeared before the Board to discuss a request for an organizational change to compensate for the administrative work load. She stated that by changing the title of the shelter attendant to shelter officer and increasing the scope of responsibility, it was felt back-up supervision at Animal Control could be attained.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Animal Control to change the organizational structure to compensate for the administrative work load, as recommended by Ms. Thorp.
CONTRACTS, LEASES & AGREEMENTS/FAIRGROUNDS
Discussion occurred regarding the request from the
Lake County Fair Board to lease the Fairgrounds, March 14 through April 19, 1986, for the Lake Agriculture and Youth Fair.
Commr. Smoak stated that he supported the request because of the youth activities that take place.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Lake County Fair Board to lease the Fairgrounds March 14 through April 19, 1986, for the Lake Agriculture and Youth Fair.
Commr. Smoak requested that Mr. Lonnie Strickland, Director of Health and General Services, contact Mr. George Johnson to make sure that the County has adequate transformer capabilities this year at the Fairgrounds.
FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request that the job description of Fire Coordinator be designated as Lake County Fire Official with the rank of Fire Chief, so that it is clearly understood as a clarification procedure to follow the Fire Code from a legal standpoint, but that it does not carry the weight of policy setter for the local volunteer fire departments.
Commr. Burhans voted "no".
BONDS - MOBILE HOME
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to cancel the mobile home bond for Larry R. Sutton, Bassville Park Area, District #5.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the action recommended by the County Administrator to have the travel trailer of Horace Williams, South Lake County Area, District #2, removed from its premises.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from James H. Gainer, Jr., Lake Dalhousee Area, District #5, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.
Ms. Ari Russell, HRS District III Alchohol, Drug Abuse, and Mental Health Program Office, Gainesville, appeared before the Board to make a presentation in behalf of the representatives of Lake County, Mr. Harry Spooner, and Mr. Roy Caldwell. At this time Ms. Russell discussed the activities and programs offered by their office.
Mr. Russell stated that there are four areas that are legislativly mandated to review with the County Commissioners each year as follows:
1. Unmet service needs
2. Adequacy of the service system
3. Resource allocation
4. Projection of future requirements
At this time Ms. Russell presented a brief overview of each of these four areas specifically related to Lake County.
Ms. Russell stated that she was requesting approval of the Plan Update in concept, and not asking at this time to make a commitment regarding funding.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the report of the District III Alcohol, Drug Abuse, and Mental Health Plan Update: Fiscal Year 1985-86, and accepted in principal the funding request, which has been made by Lake-Sumter Community Mental Health Center.
Mr. Bert Lacey, Executive Director, Lake-Sumter Community Mental Health Center, discussed a major local issue, in terms of participation of being able to adequately provide for the services discussed and also recognizing some of the processes that the County is involved in with the possibility of some type of jail facility being constructed. He stated that he would like to very much work with the Board and the Sheriff's Department and the judiciary to properly plan to assure long-range plans for the future.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for monies in the amount of $359.00, pursuant to Florida Statute 943.25 (8) A., Lake County Ordinance 1982-1, for the following:
1. To reimburse the Lake County Sheriff's Department for expenses incurred in sending Captain James Horner to the Florida Polygraph Association Seminar in Hollywood, Florida, on June 13-16, 1985, in the amount of $329.00
2. And to send Deputy Leon Stewart to EVOC school in Deland on June 10-14, 1985, in the amount of $30.00.
Commr. Burhans informed the Board of a Memorandum received from Ed Havill, Lake County Property Appraiser, informing them that all of the work has been completed for the creation of a countywide fire district.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved a resolution be prepared for Mr. Ed Havill, Property Appraiser, extending their appreciation for his assistance in creating the countywide fire district.
Discussion occurred regarding the special meeting of the Board of County Commissioners to be held July 30, 1985, at 9:OO a.m. regarding the special assessment fees to be used for fire protection.
Commr. Smoak suggested that the County staff develop some type of format to be used the day of the public hearings to present a summary of the intent of the County for fire protection.
At this time the Board scheduled a budget workshop to be held the morning of the regular meeting of July 16, 1985.
The Chairman announced that the advertised time for the Public Hearing on the proposed ordinance, which was postponed from June 18, 1985, Amending the Zoning Regulations of Lake County, which Relates to Setbacks of Improvements from the Centerline of Roads had arrived.
Mr. Jerry Sexton, Director of Development, addressed the Board and discussed the amendments which had been made. He stated that Section III, Section 40.791, Road,states "The term "road" includes streets, highways, and other passage ways open to travel by the public". He stated that the main concern was a uniform definition of "road".
Discussion occurred regarding obtaining right-of-ways and the problems that might be created in Section 70.292 Setbacks for Other Improvements in the proposed ordinance.
Commr. Smoak suggested including in Section 70.292, 1. "provided they are no closer than twenty-five (25) feet from the centerline of the road".
Discussion occurred regarding the addressing of present given right-of-ways and improvements that have already been made.
Mr. Chris Ford, County Attorney, suggested that Mr. Sexton work with Sandy Minkoff and a commissioner to work out the problems with the language.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board postponed the consideration of the proposed ordinance changing the setbacks of improvements other than buildings in right-of-ways until August 13, 1985, at 9:30 a.m.
BONDS - CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following Contractor Bonds:
4273 Wayne B. Grace, Heath & Company (Sign Erection)
4274 Gary L. Shine, Shine Company, Inc. (Elec. & Air Cond.)
4275 Larry D. Loeffler
4276 Mason Brannon & Sons, Inc. (General)
4277 Ronald D. Merritt DBA Ampere Electric Co. (Electric)
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the payment of Warrant #49427 through Warrant #49768 for the following accounts:
County Transportation Trust
Law Enforcement Trust Fund
Fine & Forfeiture
Private Industry Council
Included in the motion was approval of payment for the following indigents for the month of July:
Clifford Willoghby for Rachel Smith - District #l - $50
Mrs. Willie Mae Barrett for Barbara Green - District #l- $50
Mrs. Daisey Tyson for Rita Norris - District #2 - $50
Grandview Apts. for Karen Phillips - District #3 - $50
Mr. Rick Johnson for Chuck Radcliffe - District #4 - $50
Mr. Charles Nix for Clara Rafus - District #4 - $50
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted a check from James C. Watkins, Clerk, in the amount of $43,609.51, unclaimed excess proceeds due landowners on applications for tax deeds, pursuant to Section 197.291, Florida Statutes.
On a motion by Commr. Windram, seconded by Commr. Carson and
carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the following weeks:
June 14, 1985 ($13,597.13) June 24, 1985 ($11,552.91)
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the following:
1. Satisfaction of Judgment, Case No. 84-937-CJ, David
William Morris, Juvenile, and Wanda Pritchard, Parent,
in the amount of $150.00.
2. Satisfaction of Judgment, Case No. 81-1062 CFA, Robin Harris Wright, in the amount of $150.00.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized proper signatures on the following Satisfaction of Assessment Liens:
Ext. of Twin Palms Road
John T. Wray $1,659.32
Riverwood Units 1 & 2
S. Lee Lindsey & Barbara L. H/W $ 474.89
Diego J. & Dora 0. Droz $2,591.39
Howard N. Benton & Judith K. H/W 2,696.79
George J. & Patricia L. Spencer 2,581.25
Lake View Heights 1st & 2nd Addition
Glenn A. & Eleanor Magi11 $ 916.19
Frank L. & Louise Adams 654.12
Florida Fruitland Park Tropical Homesites
Laura Cushing $ 988.00
John Lach 988.00
Alvin J. & Shirley Ann Moyer 988.00
W. Gilbert & Edna Horn 988.00
Archie E. & Ruby Moore 998.86
Doyle C. & Delpha M. Cotney 691.00
Alfred P. & Catherine W. Audette 691.00
Paul A. & Gladys M. Hitchcock 691.00
Jane A. Murphy 691.00
Millard W. & Elizabeth W. Clayton 691.00
Kenneth K. Connell & Barbara Jane Hall 691.00
Virginia Dague 691.00
Frederick C. & James A. Brockhurst 691.00
Louis & Geraldine Shurilla 691.00
Louis & Geraldine Shurilla 691.00
Denes Nemeth 691.00
Mittie M. Canova 691.00
Charles R. & Audrey E. Clendenny 691.00
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board denied the request for the courthouse to close on July 5, 1985, Friday, and requested that the previously approved list of holidays be adhered.
Commr. Smoak suggested that the County Administrator not present any similar requests in the future.
Mr. Charlie Russ, Chairman of the Lake Soil and Water Conservation District, appeared before the Board and introduced two supervisors, Mr. Ray Gatch and Frank Palhamus, and Mr. Mark Burgess,.District Conservationist. At this time Mr. Russ presented the Lake County Board of County Commissioners two plagues, one representing the Fiftieth Anniversary of the Soil Conservation Service, and one representing the support that the Board of County Commissioners have shown for the local conservationists.
Mr. Russ shared information consisting of three years of accomplishments by the Lake Soil and Water Conservation District, and requested continuous support by the Board and asked that they join in the celebration of the anniversary.
Discussion occurred regarding the County owning part of the property owned by Ms. Paulette Muller, Director of Pollution Control, located in the City of Mount Dora.
Mr. Chris Ford, County Attorney, suggested that the County obtain an opinion of value.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board directed that an opinion of value be obtained on the property, as recommended by the County Attorney, and the Board take action based on the appraisal.
COUNTY PROPERTY/MENTAL HEALTH
Discussion occurred regarding researching County property
that might be made available to the Sunrise Workshop. Mr. Michael C. Willett, County Administrator, stated that he would look into the possibilities and discuss them with Mr. Roy Howard, Sunrise Workshop.
Commr. Smoak suggested that a price be obtained from the City of Leesburg if the City is committed to sell the property.
RECESS & REASSEMBLY
At 11:20 a.m. the Board recessed for lunch and reconvened at 2:00 p.m. for the afternoon session.
FIRE DISTRICTS-FIRE DEPARTMENTS/RESOLUTIONS
Commr. Burhans read and presented a Resolution to each of the following fire departments commending each for their efforts and participation in the Ocala National Forest fire in the areas of Astor Park and Astor, with Mr. Chuck Sowers, Fire Coordinator, presenting each department with Certificates:
Mt. Plymouth Fire Department
Meadows Volunteer Fire Department
Pasco Fire District
Umatilla Volunteer Fire Department
Dona Vista Volunteer Fire Department
Paisley Fire District
Bassville Fire District
Astor Volunteer Fire Department
Lady Lake Volunteer Fire Department
Spring Lake Volunteer Fire Department
Eustis Fire Department
Lake-Sumter Training and Traffic Network
Shockley Volunteer Fire Department
Altoona Volunteer Fire Department
Rolling Woods Volunteer Fire Department
Pierson Volunteer Fire Department
Fruitland Park Volunteer Fire Department
Mr. Ellis appeared before the Board and extended his appreciation to Mr. Sowers and Ms. Bowerman.
PUBLIC WORKS/PLANNING DEPARTMENT
Mr. Dan Kotulla, Director of Planning, appeared before the
Board to address some of the problems that have arisen regarding the road impact fee. He stated that most of the concerns was whether or not a fee should be paid as far as dollar amounts relating to greenhouses, nurseries, packing sheds, shade sheds, etc. He stated that there were two ways in which to address the problem as follows:
1. Totally exempt these uses from paying impact fees, or
Mr. Kotulla recommended not exempting these uses because some do generate significant traffic. He stated that the Zoning Department has been charging these type uses the warehouse fee of $24.60 per 100 square feet, which is where the problems arise. He stated that he has contacted other counties for their views, and suggested that the Board table this item until the Planning Department can do further research and come back within the next 30 days with additional information. He suggested that the charge of $24.60 should continue until a formula can be developed and refunds can be made.
Commr . Smoak stated that the road impact fee should be uniformlly applicable, and was not in favor of exempting agriculture uses.
Mr. Michael C. Willett, County Administrator, discussed a problem being the determination of the agricultural use once it has been changed to a different agricultural use.
It was the feeling of the Board that the Planning Department should review the problems and the road impact fee and report back to the Board additional information within 30 days.
Mr. Kotulla stated that he would follow up on the information regarding impact fees for public services since the Jail Study Report has been received.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to extend Bid #029-084, Traffic Marking Paint, held by Glidden Coatings & Resins through June 30, 1986, at no additional cost to the County.
RECESS & REASSEMBLY
At 2:43 p.m. the Board recessed until 3:30 p.m.
Mr. Jerry Sexton, Director of Development, appeared before the Board to discuss CUP #928-3, Edward Kimball, Clairview Corporation.
Mr. Sexton stated that the petitioner was in violation of Page 2, A. Special Provision - The permittee shall comply with all of the provisions of Lake County Zoning Ordinance 1971-6: Section 696, passed on the 11th day of September, 1984.
Commr. Smoak clarified that the petitioner wanted some ccmmitment from the County that the project would be looked upon favorably, therefore, agreeing to the special provision.
Mr. Sexton discussed the limitations on the modification of wetlands indicated in the CUP and proceeded to discuss the modifications that have occurred from Cherry Lake to C-561-A and on the shoreline of Lake Minneola. At this time Mr. Sexton presented the Board members with photographs taken by the Code Enforcement officers.
Mr. Chris Ford, County Attorney, and Commr. Smoak commented on the conditions of the wetlands at the given site. Commr. Smoak stated that none of the provisions in the CUP have been met at this point in time, and substantial construction has already begun in areas that are classified as state waters.
Mr. Sexton discussed Page 9, 6. C., Conditions of this Permit, giving the County Commissioners the authority to revoke the CUP if there was any breach or default in the permit.
Commr. Smoak discussed Page 5, C. 2., Wetlands Land, clarifying the ten (10%) percent modification of the wetland. At this time he stated the conditions after observing the pumping that had taken place in the wetlands.
Ms. Paulette Muller, Director of Pollution Control, discussed her meeting with the developers before they appeared before the Planning and Zoning Commission and the Board of County Commissioners to review their proposed plans for a marina and expressed her concerns regarding the connection to be made between Lake Minneolaand the Palatlakaha River with a canal. She stated that she has contacted DER, Corps Engineers, and St. Johns River Water Management District for them to establish their jurisdiction to help Lake County with their determination on the operation of what has occurred and what State Statutes they have violated.
Mr. Jim Modica, St. Johns River Water Management District, appeared before the Board and discussed their position of involvement with this project. Be stated that last October they became aware of the proposed project, which a letter was drafted and sent to the developers stating the permits required. Be stated that he physically noticed the excavation Memorial Day and requested the action be ceased the following day. He further stated that Mr. William Coggins, the developer, contacted him the following day indicating that he would be requiring a permit and would be hiring a consultant and would comply with their rules and regulations. He discussed his on-site observations the following week, and the discussion that occurred between him and his supervisor, who talked with the consultants. He stated that the consultants were under the assumption that the excavation was agricultural activities.
Commr. Smoak discussed a letter that he was copied on from Mr. Larry Gary, Director of the Division of Environmental Assessment, to Mr. Coggins stating specifically that the current excavation was in violation of chapters and rules and no other construction was authorized, and that their prompt attention would lessen the extent of penalties which may be incurred with the District taking legal action, with an on-site meeting to be arranged by Mr. Pete Godfred and the other agencies involved. Commr . Smoak stated that he hoped that the Lake County Pollution Control staff would be included in that meeting.
Ms. Muller stated that her staff requested that the activity cease at the site on June 24, 1985, and was called and informed the following day that the work was resumed.
Mr. Modica stated that no application has been received for any type of permit.
Ms. Muller stated that the Corps of Engineers had telephoned and indicated that they have not made a determination of violations until the waters can be determined navigable and will not state that they have jurisdiction.
Mr. Tom Jacobs, Department of Environmental Regulations, appeared before the Board and stated that he was requested by Ms. Muller to review the project. He stated that the chapters that have been violated are as follows: Chapters 372 and 403 of the Florida Statutes; Chapters 1704, 1712 and 1725 of the Florida Administrative Codes. At this time he stated that the Department would like to resolve the problems with a court order and request complete restoration of the area. He stated that there have been no applications or issuance of permits from DER.
Ms. Muller stated that her staff has attempted to notify the Department of Resources informing them of the problems that have developed.
Mr. Arnold Finn, Design and Associates of Orlando, appeared before the Board and stated that they have been engaged by the propery owner as a consultant, with a contract being signed on June 12, 1985. Mr. Finn discussed the development of the contract, and stated that the company was engaged after the fact. Mr. Finn presented an explanation to the Board that was given to him, stating that the work had not been authorized and the action taken to cease the activity.
Ms. Muller discussed a memorandum from Bob Erickson and Bruce Womack, who performed an on-site inspection on June 24, 1985, stating the observation which was made by them regarding the removal of vegetation along the shoreline. The heavy equipment operator informed them that he did not have a permit, and informed them to contact Gene Stuart, who was representing Bill Coggins and Bob Davis, Co-owners, Winegard Realty, who authorized the work.
Mr. Finn stated that as consultants, they are in the process of assessing the work that has been performed and investigating restitution in terms of litigation. He stated that he has been in contact with all of the agencies involved, and that no more work will be performed on the site until this matter is resolved.
Mr. Pete Godfrey, Lotspeich and Associates, appeared before the Board and stated that their duties consisted of obtaining a permit for the ditch that had been dug: performing a vegetation analysis for the site to flag for jurisdiction purposes; to follow through the whole development of the plan. He discussed the steps that had been taken to the signing of the contract in June, and are now in the process of putting together the natural resource study of the site and going through the permit process. He discussed the project possibility being agricultural exempted and the problems being rectified. Be stated that the plans should be in order by the end of July.
Mr. Finn stated that the obtaining of the proper permits will take approximately eight to eighteen months.
Commr. Smoak stated his concerns regarding public presentations of the project and the involvement from the citizens who will be affected by the project.
Mr. Richard Huff, City Councilman, City of Clermont, appeared before the Board and stated that the City's position is to protect the quality of water in the chain of lakes; that the actions speak for themselves as outlined today, and stated that he would like to see the Board of County Commissioners deny the development.
Mr. Sexton recommended that the Board consider two factors as follows: (1) the present existence of the CUP and (2) the time frame which they have scheduled for the restoration of the project. Mr. Sexton stated that he felt the CUP should be brought up for amendments, perhaps adding a provision requiring the posting of a 110% bond on the cost of restoration on all of the alterations that have occurred, and that they should be going through the Planning and Development process, in which they work through the system, that their concept plan and preliminary plan coordinates with the rezoning, so that some of the concerns can be addressed as far as any canals, or any alternations in the wetlands.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to communicate to the responsible agencies their support of total restoration and their opposition to granting any permit which would allow the existing rim ditch, which has been dug, to remain, the soil to be spread, or the lake front property to be disturbed any further.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board referred this matter to the Director of Planning and that it then proceed through the normal rezoning procedures for consideration of revocation of CUP #928-3 for the blatant, flagrant, deliberate violation of the terms and conditions of the CUP as discussed here today.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board invited the petitioner and the developers to reapply under the Planned Unit Development, which they would have to do any way under the old CUP, and that they work hand in glove with the responsible agencies and the Lake County staff people and the Board of County Commissioners in developing that property.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:55 p.m.
GLENN C. BURHANS, CHAIRMAN
JAMES C. WATKINS, CLERK