A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 8, 1984
The Lake County Board of County Commissioners met in regular session on Tuesday, May 8, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Mr. Willett.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the Minutes of May 1, 1984, as cor- ected.
Commr. Windram was not present for the vote.
BONDS - Contractor Bonds
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds:
NEW
4117-84 Donald W. Heard (Electrical)
4118-84 Alvin R. Gidley (Plumbing)
4119-84 Gregory A. Hurst (Aluminum)
REPORTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending April 30, 1984, ($12,121.29).
COMMISSIONERS
Commr. Carson informed the Board that he has accepted a position as the Director of Development for Leesburg Regional Medical Center, Inc. He also informed the Board that he would not be involved with the day-to-day hospital operations or with the ambulance service program.
COMMITTEES/MEETINGS
Commr Smoak informed the Board that the Impact Study
Committee would be meeting tonight. He further stated that Dr. Julian Juergensmeyer, Professor of Law, University of Florida, would be guest speaker to discuss impact fees. He invited those interested to attend the meeting.
ACCOUNTS ALLOWED/AGRICULTURE CENTER
On a motion by Commr. Windram seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Agriculture Center for 4-H Club funds in the amount of $736.00 for three 4-H Members and one Adult Leader to attend the 1984 Citizenship-Washington Focus in Washington D.C., June 15-23, 1984.
COMMITTEES/MEETINGS/FAIRGROUNDS
Commr . Burhans informed the Board that the Tourist
Development Council would be meeting tomorrow night and inquired if anyone had any suggestions that the Council might consider.
Discussion occurred regarding placing a referendum on the ballot for a 2 percent tourism tax. Chris Ford, County Attorney, suggested that Aspen Corporation be contacted to see if they might be interested in purchasing the Fairgrounds Complex in the future should the County consider the sale of the Fairgrounds.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Ford, County Attorney, to contact the representative of Aspen Corporation indicating Lake County's potential interest in long range development plans for a complex which would include the tourist tax and indicating to them the potential of the County's interest in opening negotiations without any commitments.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to indicate to the Tourist Development Council that the Board supports the actions of the recommendation for an improved, centrally located
multi-use complex, supported with the tourist tax, and that the Council develop a proposal to bring to the Board for consideration for placement on the ballot.
COURTHOUSE/MEETINGS
Mr. Jeff Book, Chairman, Democratic Party of Lake County, addressed the Board reyuesting the use of the Board Meeting Room in order to hold monthly meetings of the executive committees of the Lake County Democratic and Republican Parties.
Commr. Carson informed Mr. Book that, except for the Sheriff's Department, the building is essentially closed at 5:00 p.m. He also stated that there is no expense account for electricity used after 5:00 p.m. He stated that the 4th floor courtroom in the Old Courthouse is available for meetings. He further stated that it has been past policy of the Board that the meeting room be used only for Board meetings and Board functions.
Mr. Ford, County Attorney, stated that the courtroom in the Old Courthouse is made available only to governmental bodies and is not available to the political parties or the general public. He stated that it would take a change in policy to enable the political parties to utilize the courtroom.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to change the policy in order to make the 4th floor courtroom in the Old Courthouse available to the Executive Committees of the political parties, upon the proper scheduling of the room in advance with the Planning Department. The motion also included a six month trial period.
PUBLIC WORKS AGENDA AGRICULTURE CENTER
The Board discussed the request to purchase a vehicle for the Agriculture Center. Mr. Willett, County Administrator, stated that the Agriculture Center was requesting a four-door vehicle because of transporting people to and from Gainesville.
Discussion occurred regarding quotes received on 4 wheel drives.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board referred the request to Commr. Burhans, liaison to the Agriculture Center, for further review.
ROADS COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the maintenance plat of Wolf Branch Road, #4-4581.
DEEDS/ROADS COUNTY & STATE
The Board discussed the request to accept a Warranty Deed from David M. Wishneski to Lake County on a wetlands area that is included in a CP (Planned Commercial) zoning approval for mini warehouses in the Eustis area.
The Board referred the request back to Mr. Willett, County Administrator, to check the drainage and report back to the Board.
COUNTY EMPLOYEES
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved merit increases for the employees in the following departments as presented by Mr. Glenn Timmons, Personnel Director:
Building
Emergency Services
Expo Center/Fairgrounds
Mosquito/Aquatic Weed Control
Planning
Pollution Control
Soil and Water Conservation
ACCOUNTS ALLOWED/ANIMAL SHELTER
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a new washing machine for Animal Control at an approximate cost of $325.00.
ACCOUNTS ALLOWED/ANIMAL SHELTER
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the travel request for Frankie Thorp, Karen Crawford, Jackie Migan, and Larry Stepanski, Animal Control Department, to attend the First Annual Florida State Animal Control Officers Seminar in Gainesville on May 19 & 20, 1984, at an approximate cost of $80.00 for registration fees.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted the following right-of- way deeds:
1 . Carolyn B. Brown, Trust, Glenn L. Brown, Jr., Charles L. Brown, Sr., and David L. Brown on Round Lake Road,
#4-4183
2. Robert E. & Ollivene M. Sullivan on Round Lake Road,
#4-4183.
3. First National Bank of Mt Dora and Florence D. Brown, . Trustees under the will of Dale B. Brown, Sr. on Radio Road, #l-5433.
POLLUTION CONTROL
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise the Pollution Control Board rule changes for public hearings as presented by Ms. Paulette Muller, Pollution Control Director.
COMMITTEES
Mr. Willett, County Administrator informed the Board that he had received a request from the Lake County Econanic Development Council for funding. He recommended that the Board deny the request for $160,200.00 due to the potential shortfall in the 1984-85 budget.
Commr. Smoak stated that he would not approve raising the millage to support the Econanic Development Council.
The Board directed Mr. Willett to contact Mr. Jack Pae, Economic Development Council, regarding their request for funding.
GRANTS/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman to sign the Community Service Block Grant Agreement between Lake County and the four (4) Subgrantees and the Community Service Block Grant Agreement between Lake County and the State of Florida.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following requests to live in a mobile home on the same piece of property on which their conventional dwelling is being built, subject to the proper bond being posted and with the stipulation that the mobile home will be removed upon completion of the conventional dwelling or upon the request of the Board of County Commissioners:
1. Daniel Gerbelli - Lady Lake Area - District 1.
2. Shirley Sikes - Yalaha Area - District 2.
3. Daryl L. English - Jacks Lake Area - District 3.
4 . John J. Matthews - Wekiva River Area - District 4.
SIGNS/RESOLUTIONS
Discussion occurred regarding placing "No Overnight Parking" signs at McTureous Memorial Park.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to place "NO Overnight Parking" signs at McTureous Memorial Park and that the Sheriff be notified of the action taken.
BUILDING COMMITTEE/JAI&
Commr. Deems read a letter from John S. Dickerson, Architect, recommending that the project for the exercise yard at the Jail be temporarily postponed until the jail study has been completed. He stated that the study may indicate that an addition might be needed in the same area where the exercise yard would be located or there might be an alternative use for the jail and a new facility located on another site.
RECESS & REASSEMBLY
At 10:20 a.m. the Chairman announced that the Board would recess until 10:30 a.m.
PUBLIC WORKS/POLLUTION CONTROL
Mr. Bernard Paulson, Lake Eleanor Drive, addressed the Board to discuss the drain system at Lake Forest Development. He stated that the drain system in the development was overefficient, that the retention area is inadequate, and that the drainage ditch is unsightly. He expressed his appreciation to the Commissioners and the several departments involved for their assistance.
Mr. Willett, County Administrator, informed the Board that
Mr. Ben Benedum, Public Works Coordinator, and Ms. Paulette Muller, Pollution Control Director, have been working together on a possible solution.
Mr. Jim Stivender, Public Works, was also present to discuss the situation with the Board.
Mr. Willett stated that the ditch was not the responsibility of the developer as the ditch has been there for many years.
MS. Muller informed the Board that Mr. Wood, Developer, has indicated a willingness to cooperate. She stated that if he reworked all the swails inside the development, raise the lips at the entrance to all the culverts, and build lot line swails where they are not in existence, she felt the stormwater requirements could be met.
Mr . H.H. Hartmann, North Bay Road; Mr. Fred Alexander, Laurel Lane; Mrs. Phyllis Payne; Mr. Howard Armand; and Mrs. Hodson, Lake Eleanor Drive, addressed the Board to discuss the situation. Mr. Armand also presented photographs for the Board's review that showed Mr. Armand's son using a canoe to pick up his mail.
Mr. Hartmann further suggested that a fence should be erected around the retention pond.
The Board directed Mr. Benedum, Public Works Coordinator, and Ms. Paulette Muller, Pollution Control Director, to research the problem and to present the Board with possible solutions.
RECESS & REASSEMBLY
At 11:10 a.m. the Chairman announced the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning.
REZONING
PUBLIC HEARING #40-84-2 RP & MP to M-l Lynne Precast, Inc.
& w. Brunson Gibson
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed this case until July 10, 1984, at 2:00 p.m or as soon thereafter as possible
PUBLIC HEARING #46-84-4 RMRP to MP for LM Uses E. W. Zesch
Mr. Moore, petitioner, was present to discuss this request with the Board.
Mr. Jerry Sexton, Director of Development, stated that the property owners in the area were requesting that more specific uses for the property be submitted. He stated that the Board postponed the case last month and instructed Mr. Moore to come back with specific uses within the MP zoning other than the broad category which was previously submitted.
Mr. Moore stated that he would like the following uses to be
included within the MP zoning:
1. welding shop
2. storage warehouse for miscellaneous
building supplies
3 storage building, an office
4. a building for sales, rental and
mechanical repair for new and used
vehicles, including cars, boats and
recreational vehicles; not to include junkyards
He also discussed future development of warehouses.
Mr. Pipala was present to object to the rezoning. He stated that he opposed the setbacks and that only a canal separated his property and Mr. Moore's property.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendations of the Planning Commission and approved rezoning from RMRP (Mobile Home Rental-Residential) to MP (Planned Industrial) for LM (Light Manufacturing) uses excluding bars, taverns and lounges, subject to the conditions as read by Mr. Sexton.
PUBLIC HEARING #51-84-3 CP to MP Albert Kreibeck
Mr. Virgil Hawkins and Mr. Baldwin, representing Mrs. Moore and Mrs. Mahaney, were present to object to the rezoning. Mr. Hawkins also objected to the procedures of applications being filed with the Zoning Department. He requested dismissal of the rezoning case until the application was filed correctly.
Mr. Ford, County Attorney, informed Mr. Hawkins that the file indicates that the application was on file with the County and that the advertisements were proper, and if Mr. Hawkins wishes to discuss procedural problems, it could be done in Court. He stated that he felt the file would hold up in Court. He recommended that Mr. Hawkins state his objections to the rezoning case being heard.
Mr. Baldwin stated that there might be a potential fire hazard with so many vehicles being stored in a building.
Mr. Albert Kreibeck, applicant, and Mr. Gale Cole, were present in favor of the rezoning. Mr. Kreibeck informed the Board that each member was copied on a letter and a petition supporting the rezoning.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from CP (Planned
Commercial) to MP (Planned Industrial) to include auto parts sales, repair, body repair and rebuilding, and vehicle sales, as amended.
PUBLIC HEARING CUP #860-l Amend CUP Blue Parrot RV Park
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the amend CUP #860-l in C-l (Rural or Tourist Commercial) in a RV Park for a TV tower for a cable TV facility.
PUBLIC HEARING CUP #833-4 Revocation of CUP P & Z Staff
No one present wished to discuss this case with the Board.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved revocation of CUP #833-4 in C-l (Rural or Tourist Commercial).
PUBLIC HEARING #53-84-5 A to RM Ross E. a n Dellen
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning from A (Agriculture) to RM (Mobile Home Residential District) and approved rezoning from A (Agriculture) to RR (Rural Residential) for a mobile home site.
PUBLIC HEARING #55-84-4 Amend Site Plan in MP Jiffy-Industries
No one present wished to discuss this case with the Board.
Commr. Windram made a motion, which was seconded by Commr. Deems to uphold the recommendation of the Planning Commission and approve to amend the site plan in MP (Planned Industrial) to build an industrial park.
Commr. Windram questioned if this change in zoning would affect the access back to the Longwood Subdivision. Mr. Sexton, Director of Development, stated that if a new site plan is approved, then the County would lose the 50 foot access.
Commr . Windram withdrew his motion, and Commr. Deems withdrew his second for further discussion.
Mr. Sexton informed the Board that the purpose for the amendment to the MP was to eliminate the 50 foot right-of-way which the County has requested in the past. He stated that there is no legal ingress and egress for Longwood Subdivision. He further stated that the property owners in Longwood Subdivision did not object to the rezoning.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this rezoning case until June 12, 1984, at 2:00 p.m. or as soon thereafter as possible.
PUBLIC HEARING CUP #297-3 Revocation of CUP P & Z Staff
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and accepted the withdrawal of the case.
PUBLIC HEARING #52-84-5 R-l-7 to R-1-5 Mildred Dew
Mr. Jerry Sexton, Director of Development, read a letter to
the Board from Mr. Jack Austin who objects to the rezoning.
Mrs Dew, applicant, was present to discuss the request with the Board.
Commr. Burhans stated that he felt the entire area should be rezoned to R-l-5 at one time instead of rezoning the area one case at a time.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential) for a mobile home site.
Commr. Burhans voted "No".
PUBLIC HEARING CUP #249A-5 Amend CUP James Carroll, Sr.
Mrs. James Carroll, petitioner, was present to discuss the case to the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend the Conditional Use Permit to include an Adult Congregate Living Facility.
PUBLIC HEARING #56-84-l R-1-l to R-l-5 Bob L. Newman
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban
Residential) to R-l-5 (Mobile or Mixed Residential) for a mobile home site.
PUBLIC HEARING #57-84-l R-l-7 to CP Phyllis Koch
Mr. Bill Plant and Mrs. Phyllis Koch, petitioner, were present to discuss the request with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for a hardware store with an office.
PUBLIC HEARING #54-84-l A to RP -Richard-E. Sullivan
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Deems and
carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning from A (Agriculture) to RP (Multiple-Family Residential-Professional) for a Senior Retirement Center, without prejudice.
PUBLIC HEARING CUP #905-l CUP in RP Richard E. Sullivan
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the Conditional Use Permit in RP (Multiple-Family Residential-Professional) for a Senior Citizens Retirement & Elderly Care Lodge and doctor's office, without prejudice.
PUBLIC HEARING #50-84-l RR to A Donald Mika, et. al L
No one present wished to discuss this case with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and
carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural
Residential) to A (Agriculture) for a homesite and greenhouse.
PUBLIC HEARING #60-84-2 A to RR Michael A. Jasmanki
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) yo
RR (Rural Residential).
PUBLIC HEARING #58-84-2 C-l to C-2 or CP
John D. O'Kelley et. al.
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning to C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for a commercial center and professional offices.
PUBLIC HEARING CUP #906-2 CUP in C-l & R-l-7
J. Carlisle Rogers
No one present wished to discuss this case with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a Conditional Use Permit in C-l (Rural or Tourist Commercial) & R-l-7 (Urban Residential) for a church with construction to begin within six (6) months.
PUBLIC HEARING #59-84-2 A to RMRP James P . Gills
Mr. Steve Richey, attorney representing Dr. Gills, was present to discuss the case with the Board. He stated that Dr. Gills proposes to build a rental park on the proposed site. He also stated that he would have no objections to the property being rezoned to RM (Mobile Home Residential).
Mr. Willett, County Administrator, stated that the property was located in a Commercial Node and developing the property for a rental park would set a precedent.
Commr. Smoak informed the Board that as a citrus grower, he
has done work for Dr. Gills in his citrus groves. He stated that
he has not discussed this request with Mr. Gills or his repre-sentatives.
Commr. Deems made a motion, which was seconded by Commr. Carson to approve the rezoning request from A (Agriculture) to RM.(Mobile Home Residential). Discussion continued.
Commr. Smoak stated that he was not in favor of RM zoning, but he would favor RM Zoning with a CUP (Conditional Use Permit) and a PUD (Planned Unit Development).
Mr. Ford, County Attorney, stated that the Board could rezone the property to RM with a PUD and then come back to the Board after proper advertisement to discuss the terms and conditions of the PUD. He stated that the PUD should go before the Planning Commission before the Board took any action.
The question was called for. The vote was 2-3 to approve the rezoning request. Commrs. Burhans, Smoak and Windram voted "No".
Commr. Smoak made a motion that the petitioner be granted the RM zoning, under the condition that they operate under a PUD and that the request be readvertised and heard by the Planning Commission before action is taken by the Board. Commr. Smoak withdrew his motion. Discussion continued.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the rezoning case be readvertised for RM (Mobile Home Residential) zoning with a CUP/PUD, to be heard by the Planning Commission in June and the Board in July.
PUBLIC HEARING CUP #834 l/5 CUP in A Coca-Cola Company Foods
Division
Commrs. Carson and Deems both informed the Board that they are on the Board of Directors with Sun First National Bank and that a portion of the property being considered is in a trust in the main bank in Orlando and stated that they would file the necessary conflict of interest forms.
Mr. Eastin, whose property abutts the proposed zoning, addressed the Board in opposition to the rezoning request.
Discussion occurred regarding persistant odor problems. Commr. Smoak suggested that language be included in the CUP that if a persistant odor generated at the site, Coca Cola would need to take immediate actions to correct the problem, and if it cannot be corrected, then the operation should be shut down.
Mrs. Roberta Eastin was also present and stated her concerns of the runoff from Coca Cola draining into Lake Griffin. She stated that some provisions should be made to prevent it.
Ms. Paulette Muller, Pollution Control Director, addressed the Board to discuss the rezoning case.
Mr. Al Koons addressed the Board in favor of the rezoning.
Mr. Dewey Burnsed, attorney representing the Coca Cola Company, was present to discuss the case with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a Conditional Use Permit in A (Agriculture) for a land spreading operation and effluent disposal system.
Mr. Truett, Manager of the Coca-Cola Foods Division, addressed the Board to express his appreciation to the community for their support and to the County staff for their assistance.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:00 p.m.
Glenn C. Burhans, Chairman
James C. Watkins, Clerk
mcg/5-10-84