A REGULAR MEETING OF 'THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 11, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, February 11, 1986, 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: James R. Carson, Jr., Chairman: Glenn C. Burhans; Claude E. Smoak, Jr.: Thomas J. Windram; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Office; Robert Wilson, Finance Director: and Sandra Carter, Secretary.

Commr. Windram gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

The approval of the Minutes of January 14, 1986, was postponed until the Board receives a report from Mr. Watkins, Clerk, regarding the use of the second floor of the old Chamber Building by the Lake County Historical Society.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of February 4, 1986, as corrected.

LICENSES AND PERMITS

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

Renewals

Ernest Wollin, M.D.

Joan Wollin

Richard A. McCourt

George E. Measel

George F. Klink

Willie F. Kelley

Francis M. Ferguson and Addition

BONDS - CONTRACTOR

On a motion by Commr. Burhans, seconded by Commr. Windram

and carried unanimously, the Board approved the cancellation of the following contractor bond:

4124-86 Mark A. Newman d/b/a Edwards Aluminum.

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week of January 31, 1986, in the amount of $16,391.60.

REPORTS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Northwest Lake County Fire District Annual Financial Report dated September 30, 1985, and directed the secretary to furnish each commissioner with a copy of same.

ASSESSMENTS/SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens: Charles P. Seitz, Jr., Fla. Fruitland Pk. Trop. Homesites,$560.00

Edward S. Griffith, Fla. Fruitland Pk. Trop. Homesites, $1,084.40

FAIRGROUNDS

Some discussion occurred regarding where the County stands on the Fairgrounds location. Commr. Deems stated that there had been several meetings held with the representatives of the Libbey property, as well as the representatives of the Lake Harris property, and that possibly within the next few days the County would have a firm commitment from the representatives of both of these pieces of property.

No action was taken at this time.

BUDGETS/SHERIFF'S DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the request from the Sheriff's Department for a budget amendment, in the amount of $50,600.00, for the projected cost of the hiring of four additional Corrections Officers for the supervision over the Lake County Jail Exercise Yard, commencing February 15, 1986, through September 30, 1986.

Commr . Smoak was not present for the vote.

COUNTY ADMINISTRATOR'S AGENDA

COUNTY EMPLOYEES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for a plaque to be placed in the Old Courthouse lobby in memory of Vince Scanlon.

RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and

carried unanimously, the Board approved the request for the adoption of a resolution defining the distribution of school guard crossing funds being collected by the Clerk of the Courts.

SIGNS/ROADS-COUNTY & STATE

Discussion occurred regarding a telephone call received by Commr. Windram and Commr. Carson concerning a request for a flashing caution sign to be installed on Hwy. 44-B near the Calvary Christian Academy.

No action was taken at this time.

BONDS - MOBILE HOME

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request from Harding VanSchaack, Squirrel Point Area, District #3, to live 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.

On a motion by Commr. Windram, seconded hy Commr. Deems and carried unanimously, the Board approved the request for the renewal of a mobile home bond for David Gentile, Royal Trails Area, District #5.

DEEDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the request to accept a Warranty Deed from the Yalaha Volunteer Fire Department to the Board of County Commissioners for the Yalaha Fire Department property.

Commr . Windram was not present for the vote.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase bunker gear, hose, and self-contained breathing apparatus for the fire departments from the Delray Beach Fire Extinguisher Company located in Delray Beach, Florida, at a cost of $87,000.00.

ACCOUNTS ALLOWED/PUBLIC HEALTH

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Teresa E. Dunham, Housiny Program Specialist, to attend a Section 8 Workshop on implementation of the new Rental Rehabilitation and Voucher Programs, in Jacksonville, Florida, February 19-21, 1986, at an estimated cost of $185.00.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Paulette Muller to attend a Seminar on Solid Waste Management, at the University of Florida, in Gainesville, Florida, February 28 to March 1, 1986, at an estimated cost of $170.00.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase weedspray, bed, tank, etc. from the Department of Transportation in Deland, at a cost of $975.00.

ACCOUNTS ALLOWED/MAINTENANCE

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the request from Gator Action Sports, Inc. for one time maintenance for the annual Eustis National Tractor Pull, on February 21-23, 1986, at a cost of $665.00.

Commr. Deems was not present for the vote.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for Roland Lewis to attend a Conference on Waste Reduction, Reuse and Disposal Alternatives, at the University of Florida, in Gainesville, February 28 to March 1, 1986, at an estimated cost of $80.00.

DEEDS/RIGHT-OF-WAYS, ROADS, EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board accepted the following right-of- ay deeds:

Robert G. & Joan A. Cowgill #3-0847 Lake Louisa Road

Edward N. & Sharon C. Bradford #3-0847 Lake Louisa Road

Glenn D. & Florence 0. Parker #l-7212 Griffin View Drive

SUBDIVISIONS/ROADS-COUNTY & STATE

Mr. Mike Willett, County Administrator, gave a brief report

concerning the problem with the blockade of Shademoor Drive in Shademoor Subdivision. He stated that Commr. Carson had met with some of the residents on the night of February 3, 1986, to try and resolve the problem with the blockade.

Mr. Ben Benedum, Director of Public Works, appeared before the Board to give some input on the problem and to illustrate what the Road Department recommends doing to try and solve the problem. He suggested removing the barricade and placing six (6) sets of rumble strips (1" high by 2" wide) on Vista Avenue, Blossom Lane, and Shademoor Drive, in order to create an annoyance factor to slow the motorists down, at an approximate cost of $400.00.

Commr. Smoak suggested putting the rumble strips in one street at a time, rather than all three streets at once, to see how the residents will respond, as he feels it will be as much an annoyance to the residents as it will be to the motorists.

Commr. Carson suggested taking out every other one of the rumble strips on Blossom Lane and Vista Avenue, and ones which were indicated to Mr. Benedum on Shademoor Drive, which would cut the number of rumble strips approximately in half. He also suggested taking some more traffic counts, after the rumble strips are installed, to see what results are obtained.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved for the barricade on Shademoor Drive to be removed and for rumble strips (removing every other one as illustrated in drawing presented to the Board) to be installed on Blossom Lane, Vista Avenue, and Shademoor Drive.

ROADS-COUNTY & STATE

Discussion occurred regarding a problem that has been created over a period of years by closing all of the roads that lead from Haines Creek that connect Hwy. 452 to Hwy. 44 to truck traffic.

Mr. Mike Willett, County Administrator, recommended opening the west leg of Fish Camp Road to truck traffic.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for the west leg of Fish Camp Road, from Hwy. 44 northerly to Hwy. 452, be opened to truck traffic and for the signs reyarding no truck traffic to be removed.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

Ms. Mary McMahon, Lake County Library Board, appeared before the Board to request approval and authorization of signatures on two (2) Agreements between the State of Florida, Department of State, Division of Library Services and the Board of County Commissioners of Lake County for State aid to libraries stating that the County agrees to provide free library service and to have the books audited.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on two (2) Agreements between the State of Florida, Department of State, Division of Library Services and the Board of County Commissioners of Lake County.

ACCOUNTS ALLOWED/JAILS/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and

carried unanimously, the Board approved the request for payment of three (3) bills presented to the Board by Mr. Chris Giachetti, Director of Administrative Services, which the Building Committee had previously discussed, from John S. Dickerson, Inc., Architect, in the amount of $3,948.18 and $28.00: and from Great Age Construction Company, Inc., General Contractors, in the amount of $37,029.60.

CONTRACTS, LEASES & AGREEMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the increase in rent, as stated in the addendum to the lease agreement, for additional office space for County Probation.

Commr. Deems was not present for the vote.

BUILDING COMMITTEE

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board directed that all requests for space, additions, changes, etc. be referred to the Building Committee for consideration, and that absolutely no commitments be made by any constitutional officer or anyone else, prior to presentation to the Board.

Commr. Deems was not present for the vote.

RECESS AND REASSEMBLY

At 10:15 a.m. the Chairman announced that the Board would

recess until 10:30 a.m.

POLLUTION CONTROL/SUBDIVISIONS

Mr. David Rosenau, Environmental Engineer with Pollution Control, appeared before the Board to give a brief presentation and request approval of the wastewater system proposed for the Bramalea development.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the plan for the wastewater system, proposed for the Bramalea development, was approved as presented to the Board.

RECESS & REASSEMBLY

At 10:35 a.m. the Chairman announced that the Board would

recess until 11:00 a.m.

WATER RESOURCES/GAME & FRESH WATER FISH COMMISSION

POLLUTlON CONTROL/WATER AUTHORITY

Mr. Will Davis, representing the Lake County Water Authority, appeared before the Board to give a brief report concerning the Lake Griffin hydrilla problem and to answer any questions there might be from the Board. He stated that his department had worked with the Game & Fresh Water Fish Commission staff, as well as the Department of Natural Resources, in trying to get native vegetation back in Lake Griffin.

Mr. Jack Woodard, Department of Natural Resources, appeared before the Board to give some input on the problem with the hydrilla in Lake Griffin and to present to the Board a Management Agreement for maintaining control over said hydrilla and to answer any questions there might be. He stated that we do have a problem with the lake and his department is delighted in the recoveries of the lake, but due to recoveries in fisheries that were being experienced after the drawdown of the lake, his department requested not to allow any submerged aquatic treatments in the lake this year. He also stated that areas, illustrated as shaded on map (used in presentation), would not experience any treatments of submerged vegetation and that the rest of the lake (not shaded) would receive treatment on an as needed basis for aquatic plant management. His department will address any problems with the lake as monies are available.

Mr. Davis stated that the Agreement is part of a plan to get something done and that he was here today, not so much as to get a commitment from the Board but to inform the Board of the problem. Hydrilla is very hard to manage and one cannot predict how it will grow ; restricting the hydrilla to areas shown on the map is quite expensive. Contact herbicides is very expensive and he feels that sonar treatment is the best. He also stated that he was worried about funding from a long-term standpoint.

Mr. Charlie Russ, representing the Lake County Water Authority, appeared before the Board stating that his department did not want to enter into an agreement, due to the fact that it was not in the best interest of the County, because of the cost involved in cleaning up the hydrilla. He stated that the Water Authority would treat, when they had funds available, as they deemed necessary.

Mr. Bill Johnson, representing the Game & Fresh Water Fish Commission, addressed the Board from the audience stating that some hydrilla is needed to protect the small fish.

Ms. Paulette Muller, Director of Pollution Control, addressed the Board from the audience and stated that she has had some experience with hydrilla in another county and that it is a very difficult problem; that it should be kept in mind that the departments are looking for a balance and it should be taken into consideration what the lake is used for.

No action was taken at this time.

RECESS & REASSEMBLY

At 11:55 a.". the Chairman announced that the Board would recess until 2:00 p.m. for Rezoning.

ZONING

`Mr. John Brow", one of the owners of the property regarding Case No. 5-86-3, S. W. Williams & John D. Brown, Trustee, addressed the Board and stated that the Planning & Zoning Board did not postpone his case, as stated by Mr. Clapsaddle, Zoning Department, but rather withdrew the motion to postpone.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved for the case to be heard at this Board meeting, in its proper order, rather than be postponed.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved postponement of the following cases until the meeting of March 11, 1986, at 2:00 p.m. or as soon thereafter as possible:

PETITION NO. PETITIONER

CUP #lOOO-2 Valentine & Company

#4-86-2 United Freightways, Inc.

#14-86-4 Nils Schweizer

PUBLIC HEARING 990-3 CIJP in A Joseph G. Horvath

Mr. Joseph Horvath, Petitioner, appeared before the Board to question why the petition was denied.

Mr. Dave Clapsaddle, Zoning Department, stated that the reason for denial at the Planning & Zoning meeting was two-fold. (1) The home occupation that Mr. Horvath wanted was not part of the dwelling that is located on his piece of property. There is another structure on that site that was going to house the home occupation. (2) Another issue was the fifteen (15) foot wide, rather than fifty (50) foot wide, easement off Double Run Road. The Zoning staff recom-mends to the Board that, as a condition of approval of Mr. Horvath's request, he donate an additional thirty-five (35) feet of his property in order to create a fifty (50) foot wide easement for ingress and egress.

Mr. Bill Law, Attorney, representing Mr. Horvath addressed the Board and stated that Mr. Horvath is in litigation with some of his neighbors concerning the easement in question.

Mr. James P. Patterson, Astatula, a neighbor of Mr. Horvath, appeared before the Board and was asked by Commr. Smoak if he would dedicate to the public an additional ten (10) feet of his property as a non-exclusive right-of-way for the purposes of a road, making the easement a total of twenty-five (25) feet. Mr. Patterson answered "No".

Commr . Smoak made a motion that the CUP #990-3 delete the on the Planning & Zoning Commission second provision as stated Agenda, and that with that approved. The recommendat deletion the conditional use permit be ion died for the lack of a second.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and denied approval of the request for a CUP in A (Agriculture1 for a home occupation office.

Commr . Smoak voted "No".

PUBLIC HEARING 996-5 CUP in A Sunshine Peat, Inc.

Mr. Rick Fletcher, Attorney and owner, and Mr. Bill St. James, owner, appeared before the Board to discuss some of the wording in the conditions of the CUP in question.

Ms. Paulette Muller, Director of Pollution Control, addressed the Board and stated that she has worked with the petitioner to come into compliance.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning for a CUP (Conditional Use Permit) in A (Agriculture) for peat extraction upon the changes in wording of the conditions as follows:.

C. Mining Operation

2 . No discharge will be allowed other than what is

permitted by the St. John's Water Management.

E. Operation and Reclamation Plans

1 . Upon execution of the Conditional Use Permit the

applicant shall file an operational and reclamation

plan with the Director of Development and the Director

of Pollution Control for approval.

2. e. Delete

3. C. Re-vegetation and landscape plans. (If

re-vegetation plans, as submitted, are not

effective another plan for re-vegetation must he

submitted.)

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved additional amendments to the tirst motion.

PUBLIC HEARING 199-85-2 A to PFD Yalaha Voluntary Fire

Department

No one present in the audience wished to discuss the 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 the request for rezoning from A (Agriculture) to PFD (Public Facilities District) for a fire station.

PUBLIC HEARING 12-86-2 A to C-l Thanos Patsicostas

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING 3-86-2 R-1-5 to LM Robert A. Campbell

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-5 (Mobile or Mixed Residential) to LM (Light Manufacturing, Warehousing, Research or Professional).

PUBLIC HEARING l-86-3 A to RR G. Richard Dickersin

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the.Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING 6 -8 6 -3 R-l-? to RR J. Michael Rudolph

Florida Boys Ranch

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to RR (Rural Residential).

PUBLIC HEARING 1001-3 CUP in RR J. Michael Rudolph

No one present in the audience wished to discuss the case

with the Board.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning for a CUP (Conditional Use Permit) in RR (Rural Residential) for a home occupation for an engineering consultant office.

PUBLIC HEAKING 5-86-3 RR to R-l-5 S. W. Williams

& John D. Brown, Trustee

Mr. John D. Brown, Trustee, one of the owners of the property, appeared before the Board to discuss the case and to answer any questions there might be from the Board. He stated that the property in question had previously been a citrus grove that was completely destroyed by the last freeze. There are a number of lots in the area that are less than one-half acre that are used for residential purposes and that, within the last two months, the tract East of said property was rezoned from RR to R- -15. He also stated that the Planning & Zoning Board felt that it would be a better situation to delay this case until July, 1986, so that a change could be made in the overall plan; therefore, he had asked denial without prejudice be considered by the Planning & Zoning Board in order that he could have faster action by the Board of County Commissioners.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning Commission and granted approval of rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING 2-86-3 A to RR M. Wade Bradford

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING 9-86-3 A to RE and R-l-5 Florida Groves,

1C.

Mr. Steve Richey, Attorney, and a contract purchaser of this property, appeared before the Board to answer any questions there might be regarding this case.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to RE (Rural Estates) and R-1-15 (Residential Estates).

PUBLIC HEARING 11-86-3 A to C-l Ruth M. Palmer

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING 10-86-4 Amend CP Omer A. Schrock

No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend CP (Planned Commercial), Ord. #51-84, for offices and assembly plants.

PUBLIC HEARING 7-86-5 PUD to A James F. & Diane Page

Gray, Harris & Robinson.No one present in the audience wished to discuss the case with the Board.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from PUD (Planned Unit Development) to A (Agriculture).

PUBLIC HEARING 8-86-5 R-l-7 to CP Robert C. Grigsby

Ms. Ruby B. Sapp, Eustis, appeared before the Board in opposition of the rezoning. She stated that when she had her property zoned to C-l, she was not given clearance to have an entrance onto her property from Emeralda Road, due to heavy traffic flow; because of this, she was unable to sell her property on a number of occasions. She was questioning why she was not allowed to have an entrance onto Emeralda Road, yet a convenience store is being built fronting on Emeralda Road.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved, as amended by the P & Z, rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for a convenience store.

There being no further business to be brought to the attention of the Board, the meeting adjour.

JAMES R. CARSON, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

SEC/2-14-86