A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 30, 1982
The Lake County Board of County Commissioners met in special session on Tuesday, November 30, 1982, at 10:00 a.m. in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, Director of Development and Public Works: Jerry Sexton, Planning and Zoning Coordinator; Ted Wicks, Director of Pollution Control; and Cathy B. Roy, Secretary.
PUBLIC HEARING CUP #843-4 - City of Mount Dora
Mr. Jerry Sexton, Planning and Zoning Coordinator, explained to the Board and those present in the audience the recommendation of approval by the Planning and Zoning Commission, with amendments. Mr. Sexton pointed out through aerial maps the three sites that the City of Mt. Dora had requested consideration of, for the Conditional Use Permit.
Mr. Sexton stated modifications to the Conditional Use Permit by the Planning and Zoning Commission were as follows:
1. Removal of the legal description of Site #3 from the Conditional Use Permit.
2. Paragraph 2A delete "and site specific engineering studies".
3. Paragraph 2B2 add "chain link" for fencing.
4. Paragraph Cl add "any expansion of the present plant to include tertiary treatment".
Mr. Sexton explained that Site #2 consisted of fifty-four acres and Site #l consisted of two and one-half acres and outlined these sites on aerial maps.
Commr. Windram stated that a Conflict Form would be filed in his behalf in that First Family Federal, of which Commr. Windram is a director, owns property in the area.
Mr. Broder J. Peterson, Sylvan Shores, addressed the Board regarding the use of Site #2 for treated wastewater. Mr. Peterson questioned whether a narrow strip of land included in Site #2 would be used for the wastewater. Mr. Peterson was informed that the two hundred foot setback requirements would eliminate this strip of land as an alternative to placement of a cell.
Mr. Ted Wicks, Pollution Control Director, addressed the Board and audience to inform that the staff recommendation was that two cells be constructed, with the cells being approximately two acres in size. Mr. Wicks stated that the setback from the south property line would be a minimum of five hundred feet, the setback from the east boundary would be two hundred feet and the setback from the north boundary would be four hundred feet if placed on Site #2.
Mr. Robert Palmer, Village Grove Subdivision, addressed the Board and submitted a letter addressed to the City Commissioners of Mt. Dora dated November 12, 1982, requesting a response from the City Commissioners to forty questions outlined in the letter regarding Mt. Dora's sewage disposal. Mr. Palmer also submitted to the Board and wished to be placed into the official record a letter addressed to Mr. Christopher Ford, County Attorney, transmitting a copy of the letter to the City of Mt. Dora with the above referenced questions and seven photographs.
It was noted that Mr. Palmer had not yet received a response to the forty questions from the City of Mt. Dora.
Mr. James Conner, resident in the area of the proposed site, addressed the Board expressing objection to issuance of the Conditional Use Permit and expressed concern that the lakes in the area would be polluted.
Discussion occurred regarding the fact that this Conditional Use Permit would be a temporary measure only and the Conditional Use Permit, should it be approved, would expire November 30, 1984. The portion of the proposed Conditional Use Permit regarding limitations was read by Commr. Carson to outline to everyone present the limitations of this permit.
Mr. Glenn Ricci, Sylvan Shores, addressed the Board requesting further study and consideration of the possible smell and health factors regarding implementation of this system. Mr. Ricci stated that current conditions are not providing incentive for Mt. Dora to move to a permanent site. Mr. Ricci read and submitted to be made a part of the official record a letter dated November 30, 1982, outlining his concerns over the issuance of the Conditional Use Permit and outlining six recommendations in his letter.
The Board announced at this time that due to the questions being asked regarding the intentions of the City of Mt. Dora in securing a permanent site, that they would request a representative from the City to address those present regarding these intentions.
Mr. Harlow Middleton, Attorney, addressed the Board representing the City of Mt. Dora and informed those present that the Consent Order drafted by the Pollution Control Hoard had been signed by the City of Mt. Dora and included in the Consent Order was the stipulation that a permanent solution for the treated effluent would be accomplished within a two year period. Mr. Middleton submitted a schedule drafted by the City of Mt. Dora regarding plans for short term and long term solutions being addressed by the City. Mr. Middleton stated that the hydrological study and preliminary reports had been completed in order for the City of Mt. Dora to meet with the Farmer's Home Administration regarding financing.
Further discussion regarding financing of a long term solution occurred and Mr. William Farmer, City Administrator, stated that at the present time between $2,000,000 and $2,400,000 has been set aside for expansion and a long term solution and it was noted that the cost of a project for the long term was estimated at $5,000,000.
It was noted that the City of Mt. Dora presently has a moratorium on connections to the present sewage system.
Mr. Ricci addressed the Board requesting that a non-renewable clause be incorporated into the Conditional Use Permit.
Discussion occurred regarding alternate financing should grant money not be available and the possibility of a joint project with the City of Eustis.
Mr. Glenn Ricci addressed the Board requesting that a clause be incorporated into the Conditional Use Permit stating that the permit could not be renewed after the two year period. Mr. Ricci was informed that the restrictions in the proposed Conditional Use Permit being considered was very specific and the County Commission could not place restrictions that would bind future Commissions.
Discussion occurred regarding the proposed lease agreement on the land designated as Site #2 and requested that the Board consider Site #3 also in that a thirty day termination clause had been included in the lease agreement and should this clause be exercised, the City would need Site #3 for the operation. Christopher Ford, County Attorney, stated that an alternative should this problem occur would be to proceed with condemnation of the property designated as Site #2.
Mr. Dick Jelsma, President of the Sylvan Shores Homeowners' Association, addressed the Board and suggested that the City of Mt. Dora submit progress reports to the Board of County Commissioners at regular intervals, ninety days, on both the temporary sites and the progress of the permanent site. Mr. Jelsma also suggested the County require a half million dollar bond be posted by the City of Mt. Dora, to be collected should a permanent site not be in operation upon expiration of this permit.
Discussion occurred regarding the requirements of a bond and Christopher Ford, County Attorney, stated the County Attorney's Office would not recommend requiring a bond from another governmental entity that would ultimately be paid by the taxpayers. Mr. Ford stated that the Consent Order signed by the City of Mt. Dora as well as the stringent terms of the Conditional Use Permit were sufficient to protect the interests of the citizens of Lake County.
Mr. Eudell E. Sutley, Mt. Dora, addressed the Board regarding the property values being lowered in this area should the Conditional Use Permit be approved. Mr. Sutley requested that the Board request the Property Appraiser's Office consider lowering valuations on the adjoining property owners and homeowners for the length of time this operation will be in the area.
Mr. Lee Christy, Village Grove Homeowners Association, addressed the Board requesting that should the Board consider this Conditional Use Permit favorably that a clause be added to the Conditional Use Permit that additional Conditional Use Permits could not be issued for this particular site.
Richard William Knost, Sylvan Shores, addressed the Board in opposition of the Conditional Use Permit and his feeling that this operation would constitute harrassment.
Mr. Herman Kinney addressed the Board stating he was representing the Lake County School Superintendent and Lake County School Board in opposition of issuance of the Conditional Use Permit due to the proximity of the proposed Site #2 to the Triangle Elementary School and the possibility of an odor problem. Mr. Kinney stated that this operation would not be in the best interests of the children attending the school or the staff.
Mrs. Elliot Sigler, Mt. Dora, addressed the Board to express opposition to the site chosen for the application of treated wastewater and the odor it would cause.
Mr. Curtis Brisco, Village Grove, addressed the Board regarding when this site would be used. Mr. Wicks informed Mr. Brisco that the proposed site would be used on a temporary basis to provide temporary relief from the existing operational problems with the present percolation evaporation ponds. Mr. Wicks further explained that the additional site would be used fairly extensively initially in order to stabilize the existing disposal site and once a stable condition was achieved, it would be necessary to use the additional cells a maximum of two days per week in order to maintain the balance. Mr. Wicks stated that if it was possible to use the additional cells less, this would be done.
Mr. Brisco also questioned a ditch that had been dug on land in the area of the percolation ponds and questioned what would be done regarding this ditch if the additional land was approved. Mr. Wicks informed Mr. Brisco that the ditch had been constructed when flooding had occurred and the ditch would be filled in and restored when the site is stabilized.
Joyce Bush addressed the Board regarding whether or not Mt. Dora would be able to purchase the land and use it after the two year period of the Conditional Use Permit. Mr. Ford stated that to purchase the land would be costly to Mt. Dora and pointed out that a permanent site in Sorrento was being considered. It was also noted that the Conditional Use Permit would not be in effect after the two year period.
Mrs. Bush also questioned whether or not the land would be useable after the two year period. Mr. Wicks stated that the operation would not affect the developability of the land and the land would be useable.
Mr. Al Schickling addressed the Board recommending that should the Board approve the Conditional Use Permit that a Performance Bond be required to assure that the site would only be utilized for the two year period and a long range solution be in operation by November 30, 1984. Mr. Schickling was informed that the Board felt the Consent Order and restrictions in the Conditional Use Permit were sufficient to assure the above would be accomplished, as well as the progress of the City to date.
Delores Stadler, Sorrento, addressed the Board regarding the CAPS Organization comprised of residents opposing the proposed spray field near Sorrento. Discussion occurred regarding the proposed Sorrento site and the possibility of alternate sites for a long range plan for the effluent.
Mr . Elliott Sigler, Mt. Dora, addressed the Board questioning the length of the lease Mt. Dora has on Site #2 and was informed that at the present time no lease had been signed and that the lease was not a consideration of the Board and the consideration of the Board at this time was the Conditional Use Permit for a period of two years only.
On a motion by Commr. Smoak, seconded by Comr. Windram and carried unanimously, the Board deleted an addition authorized by the Planning and Zoning Commission to Paragraph C. 1 "Expansion of present plant to include tertiary treatment.".
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board directed the Planning Department to amend the wording of Section 2. B. 2. to include the words "chain link" for fencing material and additional wording to clarify that the fencing would be surrounding the land spreading cells only.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved Conditional Use Permit #834-4, as amended for application of effluent on a temporary basis to additional land area in the vicinity of Mt. Dora and Eustis to provide temporary relief from the existing operational problems with City percolation-evaporation ponds on the sites designated as Site #l and Site #2 and excluding Site #3.
Commr. Burhans voted "NO".
COMMUNICATIONS/ROADS - COUNTY & STATE
Commr. Carson stated a request had been received from the American Health Association regarding the use of Silver Lake Drive on December 11, 1982, between 9:00 a.m. and 1:00 p.m. for a "Turkeywalk" to promote walking as a heart healthy exercise and to raise funds for the American Heart Association, Central Florida Chapter.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board informed Cheria P. McNabb, present in the audience, that the Board had no objection to the scheduled event and suggested that the Sheriff's Department be notified of the event and suggested that precautions be taken to assure the safety of those participating, possibly posting signs to warn motorists that the walk was in progress.
CONTRACTS, LEASES & AGREEMENTS/LIBRARIES
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized signature on the City Appropriation Revision for the Eustis Library revising the appropriation amount to $98,788.28.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the plat and authorized signature of same for recording for Eagle Ridge Subdivision.
CONTRACTS, LEASES & AGREEMENTS/AMBULANCES-HOSPITALS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the signature of the Chairman and Clerk on the contract with Tyco Construction for the Medical Examiner and Paramedics Facility, on the recommendation of the County Attorney.
Discussion occurred regarding securing a Clerk of the Works for this project. Mr. Ford stated it was the recommendation of the Building Committee to hire a Clerk of the Works for this project. Commr. Deems stated that Mr. Calloway, who had served as Clerk of the Works for the courthouse building, had informed him he would serve in this capacity on this project as an independent contractor for $250.00 per week.
Commr. Smoak expressed his understanding that the awarding of the architectural services to Nick Jones, Architect, included total supervision of the project and his feeling that the Board could not justify saving the architect additional time and responsibilities when this was included in the architects original proposal.
Commr. Deems stated that the architect had expressed to the Building Committee that the additional supervision that would be required in that the contractor had contracted the job under protest, had not been included in his proposal and he recommended hiring a clerk of the works.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board authorized to secure Mr. Calloway as a Clerk of the Works on the Medical Examiner and Paramedic's Facility as an independent contractor and requested negotiation with the architect regarding payment for the Clerk of the Works.
Commr. Smoak voted "NO".
EMERGENCY SERVICES/AMBULANCES-HOSPITALS/COUNTY PROPERTY
Discussion occurred regarding the communication console presently located at the fire station in Leesburg until January 10, 1983, at which time the console would be relocated. It was noted that the Northwest Ambulance District depended upon this console for the ambulance services and it would have to be in service; however, the intent in purchasing the console was not for exclusive use in one ambulance district only. Discussion occurred that a decision on the location of the console would have to be made in order to have it in operation upon the completion of the move from the City of Leesburg by January 10, 1983. No action was taken at this time.
There being no further business to be brought before the Board, the meeting adjourned at 12:55 p.m.
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS, CLERK