The Lake County Board of County Commissioners met in regular session on Tuesday, March 14, 1989, 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: C. W. "Chick" Gregg Chairman: Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk and Acting County Administrator; Ava Kronz, Assistant to the County Administrator; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Special Minutes of February 24, 1989, amended as follows:
On Page 8, Line 10, change "gross" acre, to "net" acre.
On Page 10, Line 27, add statement by Commr. Swartz relating to commercial development.
CONSTITUTIONAL OFFICERS
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Accounts Allowed/Courts-Judges
Signature authorization of the Satisfaction of Judgment, Case No. 89-20-CJ, for Daniel Edward Knight and Ernest and Thelma Wright, in the amount of $50.00.
Signature authorization of the Satisfaction of Judgment, Case No. 88-1351-CJ, for Marc Nappi, child, and his parents, James V. and Deborah J. Nappi, in the amount of $50.00.
Accounts Allowed/Reports/State Agencies
Acknowledged receipt of a report of actual expenses associated with the administration of the Local Government Infrastructure Surtax, which reflects expenditures for the period January 1, 1988 through December 31, 1988, from the State of Florida, Department of Revenue.
Audits/Reports/State Agencies
Acknowledged receipt of the St. Johns River Water Management District Annual Financial Audit for Fiscal Year 1987-1988.
COUNTY MANAGER CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Bonds - Mobile Home
Cancellation of the mobile home bond for Franklin Palmroos, Minneola Area, District #3.
Deeds/Right-of-Ways, Roads & Easements
Acceptance of the following right-of-way deeds:
Herston L./Margaret L. Brown #4-5876 Estes Rd.
Merrill/Marguerite A. Turner #3-2038 E. Apshawa Rd.
Auchar Incorporated #3-2044 Sullivan Rd.
Robert A. Merrill, II &
Sharon Nichols #5-6880 Bill Collins Rd.
D. E. Attaway #5-6880 Bill Collins Rd.
Shacar Investments Limited #5-6880 Bill Collins Rd.
Harold W. Confer #5-6880 Bill Collins Rd.
COUNTY MANAGER DEPARTMENTAL BUSINESS
County Property
Mr. James C. Watkins, Acting County Administrator, brought to the attention of the Board a request, which has been received from Mr. Easton Strickland, to acquire the windows from houses on Barrow Street, which have recently been purchased by the County.
Mr. Watkins stated that the houses have been scheduled to be destroyed, and suggested that the County establish a value for the purchase of those windows.
Commr. Gregg noted that he also received a request from Linda Marsh, in the Addressing Department, who is interested in purchasing some of the windows that are being removed from the Old Courthouse, which are currently being replaced.
Mr. Watkins recommended that the Board declare those windows to be surplus property, and that the County Manager's Office establish a minimum value for the sale of those windows.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to declare the windows, from the houses which will be destroyed on Barrow Street, and the windows which are being removed in the Old Courthouse, as surplus property; establish a minimum value for those windows: and allow interested citizens to purchase them.
Bids/Clay Pits/County Property
Mr. Watkins discussed the request to declare as surplus, the l0-acre County clay pit on Sugarloaf, to advertise for sealed bids, and allow staff to establish a minimum bid.
Commr. Swartz questioned the steep drop-offs that are associated with the old County clay pits, which pose potential risks, and whether the Board should impose a requirement for grading along the edges, in order to make them level.
Mr. Chris Ford, County Attorney, stated that, from a liability standpoint, it would be wise to impose such a requirement, because if someone was to be injured on the clay pit, not only would the person who bought the property be sued, but the County would also.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to declare as surplus, the lo-acre County clay pit on Sugarloaf, to advertise for sealed bids, and allow staff to establish a minimum bid. Included in the motion, the Board instructed the Public Works staff to examine a policy for reducing the hazards associated with those abandoned clay pits.
Accounts Allowed/Ambulances-Hospital Districts
Contracts, Leases & Agreements
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request to transfer monies from the Northeast and Northwest Ambulance Contingency Reserves into the respective ambulance fund contractual services, to fund two additional dispatchers.
Mr. Strickland stated that last year $50,000.00 was budgeted to fund the dispatch services to enhance the County's fire dispatch, and that when the ambulance areas were consolidated, the County had contracted with those ambulance areas to do fire dispatch. After consolidation the task increased substantially, and the County has not reimbursed those ambulance areas for doing dispatch, because the contract had stated that they would provide fire dispatch as part of the ambulance system.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to transfer $26,500.00, from the Northeast Ambulance Fund Contingency Reserve, and $23,500.00, from the Northwest Ambulance Contingency Reserve, into the respective ambulance fund contractual services, to fund two additional dispatchers.
Accounts Allowed/Bids/Fire Protection
Mr. Strickland discussed with the Board the request from Fire Protection, to award County Bid No. 034-070-089, for the purchase of a 1,250 gallon per minute diesel pumper fire truck, with a 1,000 gallon tank, to FMC/Kenworth of Tampa, Inc., at a cost of $78,976.00.
Mr. Strickland stated that this request is an extension of the grant to build the Southside Fire Station, and the Department of Community Affairs has added additional funds to that grant for the pumper.
Commr. Swartz noted concerns of the 90-day timeframe for submission of the bids, and that only one bidder could respond.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Fire Protection, to award County Bid No. 034-070-089, for the purchase of a 1,250 gallon per minute diesel pumper fire truck, with a 1,000 gallon tank, to FMC/Kenworth of Tampa, Inc., at a cost of $78,976.00.
Commr. Gregg stated that the County needs to ensure that adequate time is given to allow prospective bidders an appropriate timeframe in which to prepare their bids.
Mr. Watkins informed the Board that the Purchasing Director will be allowed more control over the purchases made and the specifications involved, and that pre-bid conferences will be arranged in the future.
Planning & Development/Resolutions
Mr. Jon Swanson, Director of Planning & Development, appeared before the Board and stated that the U.S. Congress has designated March 24-31, as "National Community Development Week".
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for a Proclamation, stating March 24-31, 1989, as "National Community Development Week".
Bonds - Mobile Home
Mr. Swanson discussed with the Board staff recommendation for the cancellation of the mobile home bond for Roy Bailey, Pine Lakes Area, District #4, and suggested approval of the recommendation, as he has had four renewals, the home is not completed, and little or no activity has progressed toward completion of the home. He noted that the applicant is living in an undersized mobile home, with approximately 150 square feet of living area, which does not meet the Lake County Code requirement.
Mr. Swanson stated that upon cancellation, the applicant is allowed a 30-day time period to remove the undersized mobile home, and an option of replacing it with a proper sized mobile home.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the cancellation of the mobile home bond for Roy Bailey, Pine Lakes Area, District #4.
Code Enforcement/Contracts, Leases & Agreements/Landfills
Municipalities/Ordinances
Ms. Claire Bartlett, Solid Waste Disposal Director, appeared before the Board to discuss the request for the cancellation of franchise privileges, for Franchise Hauler #87, Hauling Services of Central Florida. She stated that Mr. Craig Adirim, owner of the franchise in question, has failed to comply with the Lake County Refuse Disposal Ordinance, 1987-7. She noted that he had stated that the refuse vehicles would be parked in Volusia County, but has been parking them in Lake County.
Mr. Leo Vaughn, Lake County Code Administrator, appeared before the Board and stated that he had received complaints from the Altoona Area for illegally parked trash trucks, therefore, his department cited Mr. Adirim to remove those trucks. After Mr. Adirim had removed them from that area, Mr. Vaughn was informed that he had moved them to other areas of Lake County.
Mr. John West, Building/Fire Official, City of Umatilla, presented to the Board copies of "Notices of Violations" issued by the City of Umatilla, and copies of photos of Mr. Adirim's home address with the trucks parked there, which is in a residential district.
Mr. Gordon Savage, Attorney representing Mr. Adirim, appeared before the Board and stated that his client is trying to correct his mistakes, and requested that the Board not revoke his clients' franchise.
Ms. Bartlett informed the Board as to the requirements necessary to obtain a Hauling Franchise in Lake County.
Commr. Swartz stated that the County needs to strengthen the requirements for granting a Hauling Franchise for Solid Waste disposal.
Commr. Gregg noted that this franchise has certain responsibilities to adhere to, and has failed to respond to the compliants and violation notices; therefore, the Board should revoke the franchise in question, because Mr. Adirium has had ample time to correct the violations.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request for the cancellation of franchise privileges, for Franchise Hauler #87, Hauling Services of Central Florida, without prejudice.
COUNTY ATTORNEY MATTERS
Laws & Legislation/Resolutions
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the Resolution endorsing the legislative initiative, with respect to the local option gas and sales tax.
RECESS & REASSEMBLY
At 9:50 a.m. the Chairman announced that the Board would recess until the 10:00 a.m. Public Hearing.
ORDINANCES/SUBDIVISIONS
Mr. Swanson appeared before the Board to discuss the proposed Ordinance amending the process for review of subdivision plans by the Board of County Commissioners.
Considerable discussion occurred regarding the clarification of Section 1, where the ordinance refers to the "Board", which should be clarified as the "Board of County Commissioners". Also, in Section 1, after II... reviewed by the Staff...", it was suggested that the following be added, ".. and the Planning and Zoning Commission...".
It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.
Mr. Carl Berry, representing the Concerned Citizens for Central Florida, Clermont, appeared before the Board to question the intent of the proposed ordinance.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance 1989-4, as amended, with the following title:
AN ORDINANCE AMENDING THE PROCESS FOR REVIEW OF SUBDIVISION PLANS BY THE BOARD OF COUNTY COMMISSIONERS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES/REPORTS
Mr. Don Findell, Director of Environmental Services, appeared before the Board and presented a brief background of events, which led to the Water and Wastewater Feasibility Study, for the provision of water and sewer services to unincorporated areas of Lake County. He noted that several years ago, he discovered that Lake County was routinely inspecting 105 package wastewater treatment plants, within the County. Currently, there are 120 such plants.
Mr. Mark Walsh, Post, Buckley, Schuh & Jernigan, Inc. (PBSJ), appeared before the Board and reviewed the Study Area in which the report was prepared. He discussed the Population Projections, which consisted of the total Lake County Population and Suburbanization Scenario, as estimated by the County, and PBSJ.
Mr. Walsh reviewed the Water Usage and Wastewater Production Rates, Existing Water Sources, and the Wastewater Treatment Plants by Service Area, noting the percentages of plants which have violated their permits, for example, by odors, exceeding their flow requirements, or complaints from customers.
Mr. Walsh discussed the locations of the present Private Wastewater Treatment Plants in Lake County, and the Private Wastewater Treatment Plants by Service Area, outlining the percentage which have violated their permits.
Mr. Walsh outlined the Municipal (City) Utility Service Areas, and the Potential Regional/Sub-Regional Areas.
Mr. Walsh informed the Board of the Water and Wastewater Capital Needs through the Year 2020, in the Mt. Plymouth-Sorrento area, the Turnpike-U.S. 27 area, the East of Lady Lake area, and the Astor area.
Mr. Walsh discussed the implementation alternatives, as follows:
- "No Action" Alternative
- County-Owned and Operated Systems
- Private Contract Operations of County-Owned Facilities
- Water and Sewer Authority (County)
- Private Franchise Areas
- City-Owned and Operated Systems/Interlocal Agreements
- Assumption of Florida Public Service Commission Regulation
- Water and Sewer Districts
Mr. Walsh reviewed the Monthly Rate Comparison of Existing Utilities versus Proposed Facilities, and the Monthly Rate Comparison of Existing Facilities versus Proposed Facilities, which consisted of the Private, Public, and Surrounding Communities rates versus the Proposed Lake County Facilities rates.
Mr. Walsh discussed the Implementation of Recommendations schedule of March through September, 1989, which need authorization by the County.
Mr. Walsh informed the Board that the U.S. Government is providing wastewater loans at 4.6% for 20 years, and the Department of Environmental Regulations is administering this program, which requires that the Master Plans conform to the Environmental Protection Agency's requirements for eligibility. At the present time, Lake County may apply for eligibility of this loan, which has a March 15, 1989 deadline, if the Study is approved.
Commr. Gregg noted that, if the Board approves the Master Plan, he would like PBSJ to review the possibility of private enterprise services in some of the areas.
Commr. Swartz stated that he would like to see a policy structure implemented for the review of permits for wastewater treatment plants.
Mr. Charles Strickland, City of Leesburg, appeared before the Board to state their concerns of the effects this plan will have on their 201 Planning Unit.
Commr. Gregg stated that the County and PBSJ will work closely with the municipalities on the Master Plan.
Mr. Charles Lloyd, Chairman of the Advisory Committee on Conservation, Lake County Water Authority, stated that he was concerned with the population disparity, and how the Master Plan will coordinate with the Lake County Comprehensive Plan.
Mr. Findell noted that the population figures were derived through the Lake County Planning Department, which are also used in the Comprehensive Plan. He stated that the Suburbanization figures were derived through historical trends, and in most cases, the Planning Department's figures were low.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the acceptance of the Water and Wastewater Feasibility Study, as presented by Post, Buckley, Schuh & Jernigan, Inc., and the submission of the application for the loan with the Department of Environmental Regulations, to comply with the March 15, 1989 deadline, and to proceed with the Master Plan.
Commr. Bakich was not present for the vote.
RECESS & REASSEMBLY
At 11:l5 a.m. the Chairman announced that the Board would take a brief five minute recess.
COMMITTEES/COUNTY ATTORNEY/REPORTS
Commr. Gregg informed the Board and the audience that this discussion today, regarding Lake County's legal services, is not intended to be political, and that the Board respects the job that the County Attorney's Office has been providing.
Commr. Bakich, Chairman, Personnel Selection Committee, introduced Mr. Greg Beliveau, a member of the Personnel Selection Committee, to present the Committee's report of Lake County's legal services.
Mr. Beliveau reiterated the comments of Commr. Gregg that the report has no political or personal intent, and that the report was to look at the financial aspect and future changes within the County.
Mr. Beliveau noted that the Committee had reviewed four years of legal services, compiled from the County records, and compared them at the national and local levels. The Committee prepared a total estimated budget of $253,150.00, consisting of a County Attorney, one Assistant County Attorney, one Legal Secretary, and one Executive Secretary, including rental of a 1,500 square foot office, office furniture, and other miscellaneous office items.
Mr. Beliveau stated that the estimates were ascertained by the normal rates in Lake County and surrounding counties, which have County Attorneys on staff of equal size.
Mr. Beliveau noted, in summary, that the Committee recommends developing in-house legal service, to retain the services of Ford & Associates while the review and transition is taking place, and that the new County Manager, when hired, be involved in the selection process for the County Attorney.
Mr. Beliveau commended Ford & Associates for their exceptional service to Lake County, stating that their legal experience will be difficult to replace. He also noted that the reason for the changes are for improved service and economy.
Commr. Windram stated that he respected the efforts the Committee had put forth in this study, but does not feel that Lake County will be able to maintain the level of legal service which the County has had in the past.
Commr. Windram noted that he had discussed in-house legal service versus outside legal counsel, with representatives from Seminole County, and had prepared a list of the needs for Lake County, such as, equipment and staffing, stemming from those discussions.
It was noted that the County would expect that the in-house counsel would be available to answer immediately to the needs of the staff and the Commission.
Commr. Windram felt that the County would not be able to obtain the quality of legal service which has been received from Ford & Associates, such as, in the cases of acquiring the "Libby Property" and the "NRG/Waste-to-Energy Project".
Mr. Chris Ford, County Attorney, stated that, in his memorandum of March 13, 1989, to the Board of County Commissioners, some of the figures are on the low side of the budget. He noted that to effectively accomplish the workload of the County, there must be three lawyers, two legal secretaries, and one receptionist/secretary. He also noted that privately, his firm would be adding a fourth lawyer, to handle the County's workload.
Mr. Ford stated that he did not feel that the accomplishments of his firm were considered when the Committee prepared their report. He also stated that, if his firm were to submit a resume to be the in-house legal counsel, it would take a considerable amount of adjustments on his part, personally and financially.
Commr. Swartz questioned whether the present County Attorney represents any of the other constitutional officers.
It was noted that the County Attorney's Office represents the Supervisor of Elections, Tax Collector, and the Clerk of the Circuit Court, along with the Board of County Commissioners.
Mr. Beliveau stated that the Committee had a difficult time ascertaining the exact duties of the County Attorney, because the Committee felt that some of the County Attorney's work could be done by a County Manager.
Commr. Gregg stated that he feels that in-house counsel would better serve the County, and that the change would take place over a period of 12 months. He also stated that he would like to see Mr. Ford submit a resume, because he is an excellent lawyer.
Commr. Swartz noted that he feels that the County will spend $350,000.00, to provide the type of in-house legal service that the Board will demand for the needs of Lake County; therefore, there will not be as much of a savings as previously anticipated.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board approved the recommendation to proceed with obtaining an in-house legal staff, and to urge Ford & Associates to remain with the County during the 12-month phase-in period, to provide legal services for Lake County.
Commr. Windram voted "No".
Commr. Windram stated that this Board has made a decision for in-house counsel, and that he will accept and support that decision.
Commr. Gregg added that, possibly, the Committee needs to review how to structure for the in-house counsel, and that he does not feel the County should utilize outside counsel, because of potential conflicts.
RECESS & REASSEMBLY
At 12:lO p.m. the Chairman announced that the Board would recess for Lunch, and reconvene at 2:OO p.m. for Rezoning.
ZONING
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following postponements:
CUP#89/1-4-2 John Blizzard 4-18-89
LPA#88-1-3 Greater Construction Co. 4-18-89
#2-89-4 Ralph D. Suggs 4-18-89
#9-89-2 James Butler 4-18-89
CUP#89/1/2-1 Pratt Barrow 4-18-89
#157-88-2 Frank J. Muscarella 4-18-89
PUBLIC HEARING CUP#89/2-1-5 CUP in R-l-7
James & Leilani Harper
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning for a CUP in R-l-7 (Urban Residential), to allow a workshop in an existing garage for the creation of floral arrangements, not open to the public.
PUBLIC HEARING #28-89-5 A & LM to CP > A M. Collins, Jr.
d/b/a Astor Forest Campsites
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) and LM (Light Manufacturing) to CP (Planned Commercial), to allocate office space of an existing real estate office for the sale of antiques.
PUBLIC HEARING #19-89-5_A to RR Robert Sloan & Carol A. Moss
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to allow one acre residential lots.
PUBLIC HEARING #20-89-5 RR to A Robert Sloan & Carol A. Moss
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to A (Agricultural), to create five acre residential lots.
PUBLIC HEARING #22-89-5 A to CP or MP Jack Bryan, et al
Mr. Jack Bryan, applicant, appeared before the Board to discuss his request for rezoning, to allow a welding and machine repair shop, along with a shoe repair shop, on the site. He stated that, if the welding and machine repair shop was not approved, he would only operate the shoe repair shop under the CP zoning, utilizing the welding shop for his own use.
Mr. Carl Pearson, an adjoining property owner, appeared before the Board stating that there should not be any industry in the area.
Mr. Richmond, an adjoining property owner, appeared before the Board to state that this activity should not take place near the river.
On a notion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to CP (Planned Commercial) or MP (Planned Industrial), to allow a welding and machine repair shop, along with a shoe repair shop on the site, because it is in the Wekiva River Basin area, there is no commercial node in the area, and the request does not meet the present land use in that area.
PUBLIC HEARING #17-89-5 A to C-l Jerry Ellis
Mr. Robert Vason, Attorney representing the applicant, appeared before the Board to discuss the request for rezoning Erom A to C-l, to allow commercial uses on the site. He stated that he would like to continue submitting this request until the staff determines whether commercial development is allowable in the Wekiva River Basin area, so that his client will be the first to apply for commercial development.
Commr. Swartz noted that there may be some need for commercial development in that area, as it is urbanized, but will not be known until the Small Area Study is completed to determine that need.
Commr. Bakich stated that the commercial uses that are presently in the area were addressed before the Wekiva issue, and that the Board needs to wait to see the results of the Small Area Study.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied, without prejudice, the request for rezoning from A (Agricultural) to C-l (Rural or Tourist Commercial), to allow commercial uses on the site.
PUBLIC HEARING #26-89-5 A to PFD Cassia Baptist Church/
Edgar R. Huckeba, Tr.
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District) to bring an existing church into compliance and to add buildings, to allow the expansion of an existing sanctuary, fellowship hall, and Sunday School rooms.
PUBLIC HEARING #31-89-4 A to PFD Jacque Swal
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to erect a galvanized forest tower on the site, to be used as an astronomy observatory/tower, as well as a bird sanctuary platform.
PUBLIC HEARING #30-89-4 R-l-7 to PFD Raymond J. Fritz
Lake County Boys Ranch
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board to discuss the request. She stated that the zoning is consistent with the Comprehensive Plan, because it will remain a residential structure, and that the site was chosen for the accessibility to shopping and schools.
Commr. Swartz stated that the definition of a "family" is a "collective body of persons, living together in one home, under a permanent domestic character under one head of management", with no reference to relation.
Mr. Ford stated that this zoning request could also be handled as a Conditional Use Permit, rather than a Public Facilities District, which would not need to be readvertised.
Mr. Rick Day, who lives adjacent to the site, appeared before the Board, to voice his concerns, such as vandalism, the size of the home, and that the boys will not be supervised 24 hours a day.
Mr. Joe Trashick, who lives directly across from the property in question, stated that he is concerned with the request, because all of the residents are elderly retired people.
Ms. Bonnie Porter, representing her mother who lives next door to the site, stated that she does not feel that this street is the place for a lot of boys.
Ms. Alma Purcell, who lives near the site, appeared before the Board to state her concerns as to what will happen if this request does not work out.
Mr. David Clapsaddle, Director of Development Coordination, stated that, in the PFD conditions, it is limited specifically to the facility, and that any other use would need amending and approval.
Mr. Mayfield, a resident of the street, felt that the elderly residents would be leary of walking in that area, if this request is approved.
Mr. Ed Lipsch, a property owner in the area, stated concerns that his property value will be lowered if this request is allowed.
Mr. Tom Manning, Executive Director of the Lake County Boys Ranch, appeared before the Board and stated that the Boys Ranch is all the family that these boys have.
Mr. Manning described the boys which will be living in the house, and stated that the requirements for this Independent Living Program is that they must be 16 years old, in their last two years of high school, have no behavioral problems, keep a 2-point average in school, and on schedule for graduation.
Mr. Manning stated that these boys also must work 20 hours per week, to help pay the rent and food. He noted that this program will teach these boys to live independently, because when they turn 18 years old, or finish school, the Boys Ranch is no longer able to house them.
Mr. Manning noted that the Boys Ranch does not accept any child who has been an adjudicated delinquent, and they take only boys that have a chance in society.
Ms. Bonifay informed the Board that her client would consider rezoning under a CUP, with the same conditions applying as in the PFD.
Commr. Bakich stated that these boys from the Lake County Boys Ranch are not delinquent, have no violent or anti-social behavior, and are very involved in their communities and high schools.
Commr. Swartz suggested adding under the conditions listed on the PFD, a fourth item which states that the program will be established as outlined in the request, and that citizens may present concerns of problems at any time, in order to establish a method for review.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved a CUP, to allow the Lake County Boys Ranch Educational facility, to provide housing to accommodate six children, 16 to 18 years of age, and two supervisors; thus enabling a family residential environment; plus, that any problems be immediately brought to the attention of Code Enforcement to evaluate those accusations, to either revoke the permit, or have the applicant reapply.
PUBLIC HEARING #18-89-4 A to LM Barney E. Dillard, Jr.
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to LM (Light Manufacturing), to allow light manufacturing uses.
PUBLIC HEARING #23-89-3 A to M-l J. R. Etter
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to M-l (Heavy Industrial), to allow M-l uses on the site.
PUBLIC HEARING #33-89-3 A to RR Silver Fox Development, Inc.
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board to discuss the request. She stated that the definition of RR (Rural Residential) zoning, is to provide an outdoor farm or rural atmosphere to reside in, and it encourages the growing of supplemental food supplies for the families living on the land. She noted that it is also intended to protect prime agricultural areas from urban encroachment, and the undue taxing of public facilities.
Ms. Bonifay stated that the request is consistent with the Comprehensive Land Use Plan and the surrounding land uses. She noted that the zoning request is under the density allowance of one unit per one usable acre, which is less than a gross acre.
Ms. Bonifay mentioned that the request is in compliance with the Urban Containment Policy of the Comprehensive Plan, and that the applicant is willing to limit the uses and impose certain deed restrictions to be placed on their property, in terms of the square footage of the houses to be built and certain asthetic controls, which can be enforced by the adjacent land owners.
Mr. Richard Bond, a resident of Sugarloaf Mountain, appeared before the Board to state his objections to the request, and stated that the area needs no buffer from urban encroachment, because there is six miles of agricultural land between them and the nearest urban area. He noted that he would support the developers original plan of five acre lots.
Mr. David Nollmeyer, a resident of the area, stated his concerns to the request and addressed the traffic problems which will be incurred and the types of solutions for those traffic problems.
Mr. Hal Turville, of the Lake County Conservation Council, appeared before the Board with concerns in regards to management style, the negative impact that this development will have on the environment, and the risk associated with the personal gain.
Mr. Mike Cronin, a resident of the area, appeared before the Board stating concerns that the new residents may not be willing to travel six to eight miles to schools and services.
Mrs. Carol Bond, a resident of the area, appeared before the Board to voice her concerns in regards to the impact that the additional homes will make on the Lake County School system.
Mrs. Barbara Turcyn, a resident on Sugarloaf Mountain, reviewed with the Board a map outlining the adjoining zoning and the present agricultural areas. She stated her objections to the proposed development and noted that, for the past three years, most of the homes constructed were conventional homes.
Mr. Carl Berry, a resident of Clermont and representing the Concerned Citizens for Central Florida, appeared before the Board and stated that unrestricted growth will not benefit the citizens of Lake County.
Mr. Mark Edwards, a resident of Clermont, appeared before the Board and stated that he would like to see the area kept rural.
Mr. Gary Blake, who owns ten acres in the area, and is representing Mr. Maggio, who owns groves in the area, informed the Board that Mr. Maggio is opposed to the development.
Ms. Bonifay stated that the current Comprehensive Plan is ten years old, and that the development as it is presented today is of rural density; therefore, it is consistent and compatible with that Plan. She also stated that traffic impacts in the surrounding area will be remedied, if there are any problems.
Commr. Swartz stated that the Board should make decisions based on what the County would like to see for future land use of development. He also stated that one aspect, which has not been considered, is Estate Residential, which refers to actual land use rather than specific density.
Commr. Swartz noted that the people who have appeared in regards to this rezoning request, had bought their land because it was zoned agricultural. He also noted that, even if he agreed with the one unit per one acre density, he could not accept the RR zoning, because the ER or PUD zoning would give the County more control and would require open space and recreation area.
Commr. Bakich stated that, in viewing the area, he could not tell the difference between the one acre and the 2 l/4 acre lots. He noted that, if the request is approved, that the developer should contribute to the safety of the residents, and recommended that the developer construct a turn and accel lane on County Road 561.
Commr. Gregg stated that this request is compatible with the RR zoning, in reference to the Comprehensive Plan as it is written.
Commr. Swartz stated that the Board should not control the land use, the people should; therefore, the decisions should include the people of Lake County, and the Board should encourage their involvement and interest.
Commr. Swartz made a motion to uphold the recommendation of the Planning and Zoning Commission and deny the request for rezoning.
The motion died for the lack of a second.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to allow for the creation of one acre Rural Residential homesites.
Commr. Swartz voted "No".
PUBLIC HEARING #15-89-3 A to AR M. Kosher & R. Smith
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), to permit single-family residences on 2.25 acre lots.
PUBLIC HEARING #35-89-3 A to AR Victor Wireman, Jr.
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), to permit single-family residences on 2.25 acre lots.
PUBLIC HEARING #16-89-3 R-l-7 to A A. C. & Kenneth Stokes
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to A (Agricultural), to permit a mobile home, or single-family dwelling, to be placed on the tract.
PUBLIC HEARING CUP#89/2/5-3 CUP in A Frank Richardson
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to place a second mobile home on the property, in order to care for a disabled family member.
PUBLIC HEARING #27-89-2 Revoke A + CUP#352-2 and Rezone from
A to PUD Richard H. Langley,&
Mr. Richard H. Langley, applicant, appeared before the Board and stated that the previous discrepancies concerning the perimeter of the property have been corrected. Only the interior must be readvertised for amending.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for the revocation of A (Agricultural) + CUP#352-2, and rezoning from A (Agricultural) to PUD (Planned Unit Development), to allow a Planned Unit Development Golf Course community, at a gross residential density of 1.24 units per acre.
PUBLIC HEARING-#25-89-2 A to CP Ronald Nichols
Mr. Ronald Nichols, applicant, appeared before the Board and stated that the rezoning would be for a holding area for aluminum and copper.
On a motion by Commr. Bailey, seconed by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied, without prejudice, the request for rezoning from A (Agricultural) to CP (Planned Commercial), to place a recycling center for aluminum and copper on the site.
PUBLIC HEARING CUP#89/2/3-2 CUP in A Johanna L. Boreske
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), as amended, for a home occupation for a tax preparation office.
PUBLIC HEARING #21-89-2 AR to RR C. Roger Freeman
Mr. Roger Freeman, applicant, appeared before the Board to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to RR (Rural Residential), to permit single-family lots on one acre of usable land.
PUBLIC HEARING CUP#353C-2 Amend CUP#353-2 through CUP#353B-2
A. C. Janney & Association of Christian Ministries
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#353-2 through CUP#353B-2, to add additional land, for future expansion.
PUBLIC HEARING #32-89-2 A to PFD Ray Kemp
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to place an electric distribution substation on the site.
PUBLIC HEARING CUP#89/2/2-2 CUP in A Ronald Farley
Mr. Norm Taylor, Attorney representing the applicant, appeared before the Board to discuss the request, noting that the request is for a caretaker's residence to guard the packing house property.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to place a mobile home on the property, for use as a caretaker's residence.
Commr. Windram was not present for the vote.
PUBLIC HEARING CUP#89/2/4-1 CUP in RR Hamp & Connie Adams
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in RR (Rural Residential), to permit a home occupation for an interior decorating business.
Commr. Windram was not present for the vote.
PUBLIC HEARING #24-89-5 A to AR Judy Reisz
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), to permit single-family residences on 2 l/4 acre lots.
Commr. Windram was not present for the vote.
PUBLIC HEARING #29-89-5 R-l-7 & A to A or R-l-5
Lynda & Mary Walter
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) and A (Agricultural), to A (Agricultural), to add onto an existing mobile home.
Commr. Windram was not present for the vote.
PUBLIC HEARING #34-89-L R-l-7 to RM or R-1-5 Homer Isom
No one present wished to discuss this request with the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to RM (Mobile Home Residential), to replace a non-conforming mobile home, which was destroyed by fire.
Commr. Windram was not present for the vote.
PUBLIC HEARING #l-89-4 A to R-l-5 Joseph Piazza
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential), to install a second mobile home on the property.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:05 p.m.
CHARLES W. GREGG, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
LS/3-20-89