A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 8, 1983
The Lake County Board of County Commissioners met in regular session on Tuesday, March 8, 1983, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.: Claude E. Smoak, Jr.; C. A. "Lex" Deems: and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy B. Roy. Secretary.
The invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Smoak.
MINUTES
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of March 1, 1983, as amended.
AMBULANCES-HOSPITALS/EMERGENCY SERVICES
Commr. Burhans reported to the Board that it was his recommendation, in conjunction with two proposals made by him at the March 1, 1983, meeting, that the communications console presently located at Leesburg Regional Medical Center for dispatching services of the Northwest Ambulance District, be relocated into the building presently under construction to house the Northwest Ambulance District employees and Medical Examiner.
Commr. Burhans further recommended that Lonnie Strickland be designated as administrator in addition to his administration duties for the converted nursing home into the adult congregate living facility. Commr. Burhans stated that the Vo-Tech Center offers an eighty hour class to train for operating the console.
Commr. Burhans moved that the above recommendation be considered by the Board.
Commr. Burhans stated that although Leesburg Regional Medical Center was operating the console at no expense to Lake County it was his feeling that the console should be operated by an entity independent of the emergency service organizations in order to 819 better serve all aspects of emergency services, i.e. ambulances, hospitals, fire districts and fire departments. Commr. Carson expressed concern that implementation of this recommendation was premature. Commr. Carson questioned whether this was the recommendation of the Emergency Medical Services Committee, which was appointed by the County Commission to make a recommendation to the Board regarding the communications console and operation of same. Commr. Burhans explained that numerous meetings had been held and due to conflicts within the committee, recommendations were at a standstill.
Commr. Deems seconded the motion made by Commr. Burhans to place it on the floor for further discussion.
Commr. Carson questioned whether monetary considerations should be studied and discussed prior to making a decision on implementation of a County operated communications center. Commr. Carson also expressed concern that should a complete communications system be in the future, the possibility of two moves, requiring shut down time, rather than one, if the Board should postpone action until all considerations were studied. Commr. Windram stated he had previously received a ballpark figure of $75,000 per year to operate the console on a twenty- four hour basis.
Commr. Smoak questioned the amount of additional benefit Lake County would receive from the expenditure by relocating to some other facility. Commr. Smoak stated he had spoken with persons from the South Lake Memorial Hospital who stated service had improved since the console had been operated by the Leesburg Regional Medical Center, and further stated it was their recommendation, based on the cost figures and service received that the console not be relocated. Commr. Smoak further stated that an individual in the Eustis area had contacted Commr. Smoak expressing his feeling that this was a personality conflict and that they are receiving better service at Waterman Hospital than had been received in the past.
Commr . Smoak stated that the information he had received was that the service being received was excellent, at no additional cost to the County, and expressed concern whether signficantly better service would be provided to the public for the additional cost.
Commr. Deems stated it was his feeling the County needed to address the complete emergency system and the only way to provide communications service to the complete system was to have an independent entity operating the console.
Commr. Smoak stated that the Board should consider drawing guidelines for the use of the console and potentially save the taxpayers $lOO,OOO.OO in additional operating costs.
Discussion occurred regarding a contract that was drawn between Lake County and Leesburg Regional Medical Center for operation of the console. Chris Ford stated he would check on this but he did not think the contract had yet been entered into by the Board.
On the motion duly made by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the relocation of the communications console from the Leesburg Regional Medical Center to the building under construction to house the Northwest Ambulance District and Medical Examiner's Facility and authorized Lonnie Strickland be appointed to the position of Administrator in conjunction with his duties of Administrator of the Adult Congregate Living Facility. Included in the motion was that handicapped persons be employed by Lake County to operate the console. Commrs . Carson and Smoak voted "NO".
PUBLIC WORKS AGENDA
MUNICIPALITIES/PUBLIC WORKS/ZONING
Michael Willett, Director of Development and Public Works, stated a request had been received from the City of Eustis for Board approval on rezoning property owned by the City from Agriculture to the City of Eustis' zoning classification of R-l (20,000 square feet residential lots with 2,100 square feet homes).
It was noted this property was annexed October 25, 1982. The Board expressed concern of the density creating traffic problems on 452. It was the feeling of the Board that turning lanes needed to be constructed should this be approved.
On a motion by Commr. Burhans, seconded by Commr. Smoak, the Board moved to approve the request contingent upon turning lanes being constructed on 452.
Chris Ford, County Attorney, stated that it would be better to deny the request but inform them in a separate motion that the request would be reconsidered if they will agree to construct the turning lane.
Commr. Burhans withdrew his motion and Commr. Smoak withdrew his second. Discussion occurred regarding postponing this item until such time as Michael Willett can meet with the City of Eustis to express the wishes of the Board.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board postponed the request of the City of Eustis for rezoning annexed property.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Michael Willett to meet with the City of Eustis and relay the feeling of the Board that turning lanes are necessary for entrance to the property.
MUNICIPALITIES/PUBLIC WORKS/ZONING
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request by the City of Eustis for Board approval on rezoning property owned by the City of Eustis from CP to R-l (20,000 square fee residential lots with 2,100 square foot homes). It was noted this property was annexed on October 25, 1982.
FUNDS-GENERAL/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to execute the voucher for transfer of funds from the Department of Transportation in the amount of $81,387.74, for the State Road 42 project.
ACCOUNTS ALLOWED/PUBLIC WORKS/COMMUNICATIONS
Mr. Philip Mastrosimone, Route 3, Box 1788, Leesburg, addressed the Board requesting that he be reimbursed for the removal of a tree from the County right of way. Mr. Mastrosimone stated he had built the road and later turned it over to the County. Mr. Mastrosimone stated that when he had the tree removed he did not realize it was on the County right of way or he would have called the County to remove the tree. Since learning the tree was on the County right of way Mr. Mastrosimone stated he was requesting he be reimbursed for the cost of the removal of the tree by a professional firm. It was noted the tree was located across Ponderosa Drive #l-5812.
Mr. Ford, County Attorney, stated that the County would be held responsible should it reimburse Mr. Mastrosimone in that the policy of the County had not been followed regarding bidding or receiving quotes and that the County road crew could have possibly removed the tree at a reduced cost.
Mr. Mastrosimone also brought to the Board's attention that he had requested the entrance area in front of his subdivision to be mowed, which was the County's responsibility and had not been done in the past three years. Mr. Ford informed Mr. Mastrosimone that he would need to contact the Public Works Department to schedule the necessary mowing.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board denied the request of Mr. Mastrosimone to reimburse him for removing a tree from the County right of way without prior approval, based on the recommendation of the County Attorney's Office.
DEEDS/RIGHT OF WAY-ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board accepted a drainage easement from George T. Waller, the easement being located south of Old Highway 441.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved a change order to delete Adair Road #4-3987 and Rainey Road #4-4887 from the Countywide Resurfacing Project #7-83, and add Morningside Drive #4-4767 using Type II asphalt, l-1/2 inch thickness at no additional cost.
The Board discussed two additional change order requests that Mr. Willett had requested be postponed and Mr. Willett was directed by the Board to present a solution to the problem on C- 50 wherein there is presently 11" of asphalt on the road with more needed due to sinking.
BONDS - MOBILE HOME
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the renewal of a mobile home bond for Fred P. Thompson - Mount Dora Area - District #4.
POLLUTION CONTROL/PUBLIC WORKS/SUBDIVISIONS
Mr. Fred Morrison, Attorney for the developer, addressed the Board to present the construction plan for the Royal Trails Ten Year Plan. Mr. Morrison introduced Mr. Bruce Phillips of Springstead and Associates Engineers to answer any questions the Board might have.
Mr. Morrison stated that 29 lots had been taken out of this plan on the recommendation of Ted Wicks, Pollution Control Director, to remain as a green area or recharge area.
Mr . Morrison stated the only disagreement with the staff was their requirement that a soil cement base be used and Mr. Morrison stated that the Ordinance stated limerock and soil cement are acceptable types of road base and due to the capacity of Royal Trails to lay limerock with an in house construction crew they wished to use limerock. Mr. Morrison stated that the staff was requiring a soil cement base. Mr. Morrison stated that he had spoken with Sandy Minkoff regarding whether or not the staff had the authority to require the soil cement base. Mr. Ford, County Attorney, stated that it was the feeling of the County Attorney that the County did have the authority to require this material and could defend the right as the County, in their own construction in this area, due to the conditions of the land was using only soil cement base. Mr. Willett stated there is a portion of the Ordinance which allows the County Engineer to reject materials.
Disucssion occurred regarding the drainage system being designed for construction for this development and Mr. Wicks stated that upon expiration of the Maintenance Bond, the County would assume the maintenance on eleven miles of drainage right of way and eight control structures.
Christopher Ford, County Attorney, reported to the Board on his findings regarding the possibility of structuring a drainage district for this area. Mr. Ford stated it was the recommendation of Mr. Wicks, Pollution Control Director, and the County Attorney staff that the area was too small for a drainage district: however, it was felt that due to the long term maintenance costs another possibility would be a municipal service taxing district to assess costs for the drainage maintenance under Florida Statute 125. Mr. Ford stated under a municipal service taxing district the people getting the benefit of the drainage system would be paying for it.
The Board, Mr. Wicks and Mr. Phillips discussed the drainage plan for this area stating that the water would be flowing into Lake Tracy into Lake Norris and into the Blackwater Creek. Mr. Wicks stated this had been evaluated and it was felt this would accept the outfall.
Mr. Morrison stated that he had not discussed the possibility of a municipal taxing district with representatives from Royal Palm Beach Colony; however the municipal taxing district could be imposed at any time by the Board. Mr. Ford stated the Board wished to inform the developers of this possibility in order to work out any problems with a municipal taxing district. Mr. Wicks stated that under the two year Maintenance Bond that during those two years maintenance costs for the system could be approximated and some sort of tax structure could be developed.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized approval of the con-8 struction plans contingent upon the use of a soil cement base for the roads in the ten year area of Royal Trails.
Commr. Smoak suggested that the Board add as a provision of acceptance of the construction plans, that a plan for drainage maintenance and management be developed prior to the expiration of the two year maintenance bond; and through the generation of information gathered during the two year period, that at the expiration of the two year period of the maintenance bond, the County will impose a cost structure to provide drainage maintenance and management necessary for the system.
Discussion occurred that if necessary, other services could be included in the municipal taxing district, not restrictive to drainage.
Commr. Smoak stated that imposing this prior to development, potential buyers would be advised that at the end of the two year period they are going to be subject to a maintenance and management tax for the drainage.
Mr. Morrison stated that this information would be included in the Federal Property Report which would be helpful in informing those potential buyers of lots not already sold.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved that the construction plans include a statement from the Board of County Commissioners that all costs of maintenance drainage control structures will be borne by the property owner and that an appropriate plan will be drawn within the next two years to implement such a plan.
It was noted that through the above action the Board authorized the County Engineer to approve the construction plans provi ded that all other areas met with his approval.
ASSESSMENTS/ROADS - COUNTY & STATE
Mr. Willett stated that action taken by the Board on March
1, 1983, regarding the special assessment on Pine Street (#l- 412) had uncovered some questions regarding the assessment roll. Kathy McDonald, Public Works Department, stated that four property owners were covered under the contract for the work to be done prior to the addition to the special assessment and questioned whether or not they were to be assessed under the new portion.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized that those property owners owning lots in the area already covered by the County's portion of the special assessment contract not be assessed the cost. Included in the motion was that the County pay the costs on corner lots that were not considered in the original assessment that would change the assessment roll. It was noted that the expense to the County to reassess would be more than to pay for the work.
ASSESSMENTS/MINUTES
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Minutes of March 1, 1983, be amended to add a paragraph regarding the assessment on Pine Street stating that the County Commission had deviated from their adopted policy because the property owners affected were present in the audience and had agreed to the action of the Board by a show of hands.
ACCOUNTS ALLOWED/PUBLIC WORKS/COMMISSIONERS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the request for Mike Willett, Kathy McDonald, Ben Benedum, Ted Wicks, Jerry Sexton, George Johnson and Jim Stivender, Jr., to attend a seminar on Employee Motivation on March 24, 1983, at the Tavares City Hall at a cost of $20.00 per person. Included in the motion was approval for any Commissioner who was able to attend the seminar.
COURTHOUSE/COMMUNICATIONS/MUNICIPALITIES
Commr. Smoak stated that as part of the background study of a Courthouse annex in South Lake County that a year and a half ago he had reported to the Board that a building was available from the City for this facility, the old Cooper Memorial Library Building.
Commr. Smoak reported at present the building was being leased by Lake Sumter Community College. Commr. Smoak stated he is on the agenda for the Clennont City Council meeting this evening to request that they consider holding their option open with Lake/Sumter Community College until such time as the study is complete as to the feasibility and cost factors involved in a Courthouse annex and consider offering the building to the County at a very nominal fee.
Commr. Smoak stated that he, Mr. Watkins and Mr. Willett plan to tour Pasco and Orange Counties who now have operating County annexes at different locations in the County.
LAWS AND LEGISLATION
Commr. Carson reported to the Board regarding the action on the new transportation package passed by the State. Commr. Carson stated he would be recommending that during the budget sessions the Board determine through a study, which he has asked be done by the Public Works Department, to consider whether or not the County would elect to impose the newly allowable cents per gallon gas tax that the legislature made available to local governments.
Commr. Carson briefly explained the bill stating it would
make it possible for the Cities and Counties to assess their own needs by vote of the Board of County Commissioners in concert with their Cities, elect to place zero to four cents per gallon gas tax on a County basis.
RIGHT OF WAYS - ROADS & EASEMENTS/ROADS, COUNTY & STATE
Commr. Windram stated he had discussed with a resident of Westmont Street the situation regarding not being able to obtain the required right of way easements to improve the road, specifically, paving. Commr. Windram stated he would refer to Mr. Willett the correspondence regarding this road and Commr. Carson suggested that Mr. Willett contact the residents regarding a non-exclusive easement rather than a right of way deed.
ACCOUNTS ALLOWED/CETA
Jim Flowers, CETA Director, addressed the Board regarding his recommendations on additional staff needed for the 1983 Summer Youth Employment Program. Mr. Flowers submitted to the Board a memorandum outlining the needs of the program.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following to be hired on a temporary basis for the Summer Youth Employment Program: Five Temporary Counselors from 6/9/83 through 8/5/83 at
at hourly rate of $5.38.
One temporary Senior Counselor from 4/83 through 9/30/83 at an hourly rate of $5.74 Two Intake Specialists from 4/l/83 through 9/30/83 at an hourly rate of $5.21
Included in the motion was the recommendations outlined in Mr. Flowers memorandum regarding upgrading present positions to the above designated postions for the times outlined.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved three travel requests submitted by Mr. Flowers for March 16, 1983, in Tallahassee, March 23, 24 and 25, 1983 in Miami, and March 30, 1983, in Tallahassee, to be paid by CETA Administrative Funds.
Mr. Flowers reported he would be addressing the Board at their March 15, 1983, meeting regarding the service delivery area designation application received by the CETA Department this week.
FIRE DISTRICTS-FIRE DEPARTMENTS
The Board briefly discussed a letter from the Spring Lake Volunteer Fire Department withdrawing from the Northwest Fire District. Commr. Carson reported that since receiving this letter he had spoken with a representative from Spring Lake and stated a portion of the persons signing the letter were rejoining the District and stated that the representative said no lapse in fire protection services should occur.
BONDS-CONTRACTOR
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds:
#1770-83 - Nelson W. Locke, Building
#1710-83 - John D. Adams d/b/a Screen Rooms by J, Aluminum
#4003-83 - Marion L. Pearson, General Class A.3/8/83
ASSESSMENTS/CLERK/CODE ENFORCEMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved execution and recording of the following Satisfaction of Liens:
1. Pomerosa Subdivision Special Assessment for Margarget Pomeroy in the amount of $1,529.95.
2. Sparks Village Subdivision Special Assessment for Dannie Turner in the amount of $259.80.
3. Zoning Violation on Ralph R. & Judith A. Braswell in the amount of $59.00.
LICENSES & PERMITS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following Concealed Weapons Permits, either new applications, renewals, additions or deletions:
Roy c. Ramsey-New Anthony E. Landis-New
R. C. Kennedy-New Rayford Butler-Renewal
Roy Wrightam-Renewal Howard B. Fox-Renewal
Lawrence E. Hoag-Addition Wayne Proctor-Addition
REPORTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for February 28, 1983, in the amount of $8,050.58.
ACCOUNTS ALLOWED/ANIMAL SHELTER/PURCHASING
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the expenditure of $1,581.00 to Dunstan and Son Plumbing for wastewater disposal system for the Animal Control Shelter.
ACCOUNTS ALLOWED/MOSQUITO CONTROL/PURCHASING
A request from the Purchasing Department to purchase two desks and one chair for the Mosquito Control Department was referred to Commr. Smoak as liaison Commissioner.
FIRE DISTRICTS-FIRE DEPARTMENTS/EMERGENCY SERVICES
Michael Willett stated Bob Lewis, Emergency Services, had asked him to convey that the Emergency Services Department was requesting a one month extension on the report on fire control in Lake County.
RECESS AND REASSEMBLY
At 11:15 a.m. the Chairman announced that the Board would recess for lunch with each member lunching individually. The Board will reconvene at 2:00 p.m. for the rezoning agenda.
REZONING AGENDA
PUBLIC HEARING #127-82-2 - RAY EVANS - R-l-7 TO R-l-5
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #l-83-4 - R. VAN DELLEN - A to R-l-5
Mr. Robert Vason addressed the Board as representative to the Petitioner on this case. Mr. Vason stated that his client does not intend to build conventional housing, and was planning on placing mobile homes on approximately one acre. Mr. Vason requested that the Board allow him to amend his petition to request RM zoning rather than R-l-5. Mr. Vason expressed concern that none of the zoning classifications fit the development his client was planning. Mr. Vason stated the amendment to his petition was due to the recommendations of the Planning Department and Planning and Zoning Commission of denial of the R- -5 zoning classification.
Chris Ford, County Attorney, stated that should the Board approve the amendment, it should go back through Planning and Zoning for readvertisement.
Discussion occurred regarding whether or not the RM zoning classification would be appropriate for this case and discussed whether or not this would fit under a Planned Unit Development. Mr. Willett stated that based on the density of the RM and R-l-5 zoning classification the staff recommendation would not change due to the area of the rezoning request.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board referred this case back to the Planning and Zoning Commission with the intent to amend the petition to come back before the Board. Commr. Windram voted "NO".
PUBLIC HEARING ACUP 282A-1 - PATRICIA JOHNSON
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this hearing until April 12, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #10-83-2 - MARY BRASHER - RMRP TO A
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning request from RMRP (Mobile Home Rental Park) to A (Agricultural).
PUBLIC HEARING CUP #850-4 - CHURCH OF GOD OF PROPHECY
Don Friedman, Attorney, was present representing the Church of God of Prophecy. Mr. Friedman stated that this Conditional Use Permit would be temporary as a permanent building is under con- struction. Mr. Friedman stated ninety days would be sufficient.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board postponed action on the Conditional Use Permit until April 12, 1983, at 2:00 p.m. or as soon thereafter as possible.
Commr. Burhans voted "NO".
PUBLIC HEARING #22-83-4 - 0. B. NOLL - A TO AR
No one present wished to discuss this 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 and Zoning Commission and approved rezoning from A (Agricultural) to AR (Agricultural Residential).
PUBLIC HEARING #20-83-4 - A. RUSSELL CAINE - AMEND MP
No one present wished to address the Board regarding this request.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to amend MP (Planned Industrial District) zoning to include an Industrial Park.
PUBLIC HEARING #15-83-4 - THOMAS L. WEEMS - A to CP
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning request from A (Agricultural) to CP (Planned Commercial).
PUBLIC HEARING #9-83-5 - JAMES B. PAYNTER - A TO RR
No one present wished to discuss this case with the Board.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this hearing until June 14, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #19-83-3 - HELEN M. PECK - R-1-7 to RM
Mr. Gene Sessions addressed the Board regarding this request.Mr. Sessions requested that should the Board deny this request that it be done without prejudice.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from R-l-7 (Urban Residential District) to RM (Mobile Home Residential District). Included in the motion was that the request be denied without prejudice.
PUBLIC HEARING #16-83-l - JOHN 0. MANN - RMRP TO RM
No one present wished to discuss this hearing with the
Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from RMRP (Mobile Home Rental Park) to RM (Mobile Home Residential).
PUBLIC HEARING #13-83-3 - JOHN McLEOD, JR. - RM TO RP
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this hearing until April 12, 1983, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING #21-83-l - TONY BJORN - C-2 TO LM
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from C-2 (Community Commercial) to LM (Light Manufacturing, Warehousing Research or Professional).
PUBLIC HEARING CUP #106B-1 - EVELYN A. DAVIS
Mr. Steve Richey, attorney, addressed the Board representing
Ms. Davis in this request for a Conditional Use Permit. Mr. Richey stated that a Conditional Use Permit previously approved had not been executed by the Petitioner due to discrepancies in the Conditional Use Permit. Mr. Richey explained what structures were presently located on the property (two conventional dwellings and nine travel trailer spaces and eleven overnight cabins consisting of twenty-two living quarters) and stated only two travel trailer spaces and one conventional dwelling was acknowledged on the expired Conditional Use Permit. Mr. Richey stated he was requesting approval for all existing structures as well as plans for four additional cabins and one conventional dwelling. Mr. Richey stated the Conditional Use Permit for the four additional cabins had been approved previously, however, the Planning and Zoning Commission had only approved that the cabins be four single cabins or two duplex units. Mr. Richey stated the previously approval had stated future expansion, four concrete block structures, consistent with the present development. Mr. Richey stated that to be consistent with the present development that four duplex type units should be approved.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the Conditional Use Permit in RR (Rural Residential) to include travel trailers with amendments to include a total of three conventional dwellings, nine travel trailer spaces and eleven overnight cabins, seven duplex units presently existing, and four cabins for future expansion, either single or duplex units.
PUBLIC HEARING #14-83-l - RUSSELL D. BURKE - RR TO A
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from RR (Rural Residential) to A (Agriculture). Commr. Burhans was not present for the vote.
PUBLIC HEARING #17-83-1 - CARLOS W. & JOYCE KLINGLER -(
RR TO A)
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from RR (Rural Residential) to A (Agriculture).
PUBLIC HEARING #18-83-l - RALEIGH W. RICE - A TO RP
Mr. Raleigh Rice, Petitioner, was present to object to the Planning and Zoning Commission recommendation of denial. Mr. Rice explained to the Board that the addition was placed on his home in 1965 with the intent of renting the addition after his children were grown and moved out. Mr. Rice stated his feeling that this should be grandfathered in. Mr. Sexton stated this petition did not fit under the grandfather clause.
Mrs. Bill Shrader, Spring Lake Road, addressed the Board supporting the recommendation of the Planning and Zoning Commission recommendation of denial.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied rezoning from A (Agriculture) to RP (Multiple Family Residential-Professional1 or R-l-6 (Residential District).
PUBLIC HEARING #ll-83-2 - WINFRED BROCKINGTON - C-l to C-2
Mr. Winfred Brockington, Petitioner, addressed the Board in opposition of the Planning and Zoning recommendation of denial. Mr. Brockington stated that his property was presently being used for a commercial endeavor and that he wished to include a used car sales venture on the property.
Discussion occurred of the various commercial properties which were presently in the area.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved rezoning from C-l (Rural or Tourist Commercial) to C-2 (Community Commercial).
PUBLIC HEARING CUP #574A-3 - VACATION VILLAGE CONDOMINIUM
ASSOCIATION, INC.
Stephen Richey, Attorney, addressed the Board and stated there is a problem with the legal descriptions on the Conditional Use Permit and after researching the request that this problem would need to be worked out prior to consideration. Mr. Richey requested that should the Board deny this request that it be without prejudice.
Mr. Richey further explained that the problem was complicated in that there was another Conditional Use Permit with a legal description that was not correct.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board referred this petition back to the Planning and Zoning Commission to be rescheduled for hearing with the correct legal descriptions for the Conditional Use Permits.
PUBLIC HEARING CUP #851-3 - CLAUDE M. & STELLA F. VIOLETTE
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and the request of the applicant that this petition be withdrawn.
PUBLIC HEARING #23-83-3 - ROBERT R. CALEFFE - A TO M-l
No one present wished to discuss this hearing with the Board. Mr. Jerry Grief stated he had spoken with the administrator for the Petitioner requesting withdrawal of this petition and stated a letter was forthcoming.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to withdraw this Petition contingent upon receipt of a letter from the Petitioner being received.
PUBLIC HEARING CUP #852-4 - HERMAN J. HEIDRICH & SONS
No one present wished to discuss this hearing with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this hearing until April 12, 1983, at 2:00 p.m. or as soon thereafter as possible
PUBLIC HEARING #12-83-4 - ALLAN L. SILBERNAGEL - Amend CP The following persons addressed the Board opposing the
Planning and Zoning Commission's recommendation of approval to
amend Planned Commercial for an ABC Package Store:
1. Fred Morrison, Attorney representing Mr. Crawley, a property owner in the immediate area.
2. Reverend Norris Hodges, Minister of Liberty Baptist Temple, in which the church is in the vicinity of the area under discussion.
3. Virginia Getch, holder of the first mortgage on the property under discussion.
4. Richard Henchey, property owner in the Lake Saunders area.
5. Joe Andrews, resident to the east of the property under discussion.
6. Cecil Lundy, property owner on Lake Saunders Drive, in the vicinity of the property.
7. Robert Brundage, resident of Lake County but not in the immediate vicinity.
8. Thomas Hilliard, resident of Lake County.
9. Helen Haslet, adjoining property owner of the property under discussion.
10. Ray Eldridge, adjoining property owner to the property under discussion.
11. Mary Crawley, sister of John Crawley, adjacent property owner in the area.
Toddy Gorman, Realtor, addressed the Board representing the Petitioner, Mr. Silbernagal, and explained the restrictions that would be imposed regarding the building of the ABC Liquor Store.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request to amend a CP (Planned Commercial) for an ABC Package Store.
Commr. Windram wished the record to reflect his opinion that although he understood the objections of the residents in the area regarding a package store it was his feeling that this is a commercial area in which the Board would eventually be asked again to approve a commercial use for this property.
AMBULANCES-HOSPITALS/RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved a Resolution be drawn for a Certificate of Need for Emergency Vehicles for the South Lake Memorial Hospital Ambulances with the Resolution retroactive from December of 1982.
PLANNING/ZONING
Discussion occurred among the Commission regarding the situation in commercial zoning districts that the only district in which the Commission had control over the nature of commercial business placed on the property was on a CP (Planned Commercial).
No action was taken regarding this matter.
Commr. Smoak stated that should the Board wish to control the types of growth in the commercial zoning districts or any other districts, that it would be necessary to withdraw those areas which may be objectionable and put them in a mandatory CP zone.
No action was taken regarding this matter.
There being no further business to be brought before the Board, the meeting adjourned at 4:40 p.m.
Thomas J Windram, Chairman
James C. Watkins, Clerk
3/9/83/CBR