A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 10, 1985
The Lake County Board of County Commissioners met in regular session on Tuesday, December 10, 1985, 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.; Thomas J. Windram; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Office; and Mary Grover, Secretary.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.
BONDS/RESOLUTIONS
Mr. Dan Robuck, Attorney representing Ro-Mac Lumber & Supply, Inc., addressed the Board requesting approval on the resolution providing financing by Lake County, Florida, for an industrial revenue bond.
Mr. Ford, County Attorney, informed the Board that he had reviewed the resolution and did not see any problems with it.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the necessary signatures on the resolution for Ro-Mac Lumber & Supply, Inc. to provide financing by Lake County for an industrial revenue bond.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of December 3, 1985, as corrected.
COUNTY ADMINISTRATOR'S AGENDA
BONDS/SUBDIVISIONS
Mr. Hugh Williams addressed the Board requesting a six (6) month extension on the Irrevocable Letter of Credit in the amount of $53,012.30 for Eagles Nest Subdivision. He stated that he could not submit to the Board the Letter of Credit from the bank as it has to be sent to the Jacksonville office for approval. He submitted a letter to the Chairman from Florida National Bank indicating that an extension has been applied for.
Mr. Willett, County Administrator, stated that he did not have any objections to a six (6) month extension.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Mr. Williams for a six (6) month extension on the Letter of Credit in the amount of $53,012.30 for Eagles Nest Subdivision, subject to the Letter of Credit being received by the County by December 31, 1985.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board cancelled the following mobile home bond:
1. Don Kelly - Dona Vista Area - District #5
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request from the Dona Vista Fire Department to purchase one 1960 Ford Pumper from the City of Apopka at a cost of $1,750.00, subject to Mr. Charlie Daniels, Public Works Department checking the pumper to make sure it is operational.
Commr. Burhans voted "No".
ACCOUNTS ALLOWED/FIRE DISTRICTS FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Northwest Fire District to purchase one Honda 3000 watt, Model EM3000 generator at a cost of $850.00.
ACCOUNTS ALLOWED/LANDFILLS/POLLUTION CONTROL
Pollution Control Manager, addressed the Ms. Paulette Muller, Board to request approval Associates to do soil bor
for our engineers to hire Jammal & ings at the Loghouse Landfill in order to complete the groundwater flow study. She stated that the approximate cost would be $8,880.00. She explained that this request would be an addendum to the contract with Professional Engineers.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for our engineers to hire Jammal L Associates to do soil borings at the Loghouse Landfill in the amount of $8,880.00, as requested by Ms. Muller.
PUBLIC WORKS/ROADS - COUNTY & STATE
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to name an unnamed road in Sections 14, 22, 23, and 24, Township 21, Range 24, Soto Road.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the following non- exclusive easements:
1 . Claude E. L Honey Jean Smoak - Lake Louisa Road - #3-0847
2 . Eugene Thomas - Lake Yale Road - #5-7750
3 . Jeffory Julich & Jeanniene Julich Cobb - Peru Road -
#5-7961
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted the following quitclaim deed:
1 . DeAnza National Mobile Estates - Goose Creek Road -
#5-6039
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Commr. Windram addressed the Board to give an update on the meeting held by the NRG Committee. He stated that the Committee has discussed the following changes to the contract:
1 . Change the plant from 130,000 ton capacity to 160,000 ton capacity.
2 . Change the contract from General Electric, as contractors, to LGM, as contractors. Commr. Windram explained that the Committee did not have any problems with the change, but NRG would have to supply the County with the subcontractor as LGM is not going to operate the plant.
3 . Agreed to deliver a minimum of 120,000 tons per year guarantee as already stated in the contract.
4. The Committee recommends to start on January 1, 1987, on a basis of $8.50 per ton, and any increases based on 5.31% or the wholesale price index, whichever is lower, rather than whichever is greater. Commr . Windram indicated that Mr. Robuck felt this would be unacceptable to GECC.
5 . Add a clause to state that Lake County has the right to provide alternate fuels.
6. Any garbage which is approved as being acceptable and delivered from outside Lake County shall be subject to the same charge or the same rate as those users in Lake County and a fee will be collected.
7. Tax Law Changes - Any changes in the tax laws, which are adversed and which will affect the financing, will permit a per ton tipping fee increase up to $4.95. Any increase in the tipping fee, due to the tax laws, will not be affected by the inflation factor.
8. Any environmental changes necessary, the County has the option to adjust the tipping fee and its option is based on the facts presented by NRG. Mr. Ford, County Attorney, informed the Board that the Engineers on the project would like an arbitration on items 7 and 8.
9. The County receive 40% of the cash flow.
10. The County may, as its option, acquire the plant. Commr Windram stated that GECC has indicated that items 9 and 10 could not be accomplished. Mr. Ford stated that there could be some tax problems with the County receiving 40% of the cash flow. He stated that one alternative could be setting up a separate corporation. He stated that NRG could give the County the plant at the end of the time at no charge. He stated that NRG has the option to purchase the plant at fair market value.
11. The County has no obligation until said plant is permitted, operational, and approved by the County.
12 . The County is not responsible for any payment except for garbage burned at the plant.
13. Any time prior to the termination of the agreement, the County can purchase all rights, benefits, and contracts of NRG regarding this project. He stated that the Committee has not fixed a value to this project as of this date.
Mr. Thad Taporczec, Fruitland Park, addressed the Board to discuss how the proposed project would affect the municipalities.
Commr. Smoak made the following suggestions for the Committee to discuss:
1 . The County be provided with a CPA audit at the end of each year.
2 . There should be language in the contract, from a tax
standpoint, to the benefit of the burner.
3 . Power income agreement--there should be some correlation
between their income generated through power versus the potential
impact of tipping fees.
4 . There should be a cap on the tipping fees.
Commr. Windram stated that the Committee would be making a recommendation to the Board at the meeting next Tuesday. ASSESSMENTS/PUBLIC WORKS
The Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #42, St. Johns Waterfront Estates Loyd Street, First Street, Drive No. 1, and Riverview Drive.
Mr. Willett, County Administrator, informed the Board that the low bid was received from Hewitt Contracting in the amount of $82,000.00.
Mr. Alan Warner, Astor, addressed the Board to discuss the project. He stated that he would like to see the contractor's plans for the project to see if the drainage problem has been addressed.
Mr. Jack Lynady, Astor, stated that he was not objecting to the project, but that he also had concerns pertaining to the drainage.
Mr. Willett stated that the County has not received the drainage plans for the project as of this date.
Mr. Ansel N. Dreggors was present to object to the project until the drainage problem has been resolved.
Mrs. Peggy Hatten addressed the Board to give a correction on the assessment roll.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed the public hearing for Special Assessment #42 until December 17, 1985, at 2:00 p.m., or as soon thereafter as possible, in order for the County Engineer to review the drainage plans for the project, and if it cannot be accomplished by that date, then the public hearing be postponed until such time that a recommendation can be made by the County Engineer.
CONTRACTS, LEASES & AGREEMENTS/INSURANCE
On a motion by Commr. Carson, seconded by Commr. Deems and
carried unanimously, the Board approved and authorized the necessary signatures on the retainer contract with E. W. Siver & Associates, Inc., as recommended by the Insurance Committee.
COUNTY BUILDINGS & GROUNDS
Mr. Watkins, Clerk, addressed the Board to discuss a request in regards to the relocation of the Lake County Historical Society. He explained that the building, referred to as the Old Chamber of Commerce Building, is vacant with the exception of the second floor, which is being used for storage. He recommended that the building be dedicated as a County archives historical building, and allow the Historical Society to use a portion of that building provided they are willing to assist with the renovations that would be needed. He stated that there is a vault located in the middle of the building which could be used to house valuable displays. He explained that the home currently being used by the Historical Society has bad wiring, poor security, and the home is old.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the recommendation from Mr. Watkins for the relocation of the Historical Society and directed Mr. Watkins to present the Board with a contract for their review.
BUDGET TRANSFERS/CLERK/COUNTY EMPLOYEES
Mr. Watkins, Clerk, informed the Board that he has hired an individual for the position of informational clerk for the Court- house complex. He stated that he has anticipated the cost of $14.000.00 for both the salary and necessary equipment needed; for example, desk, chair, typewriter, etc. Mr. Watkins stated that the informational clerk would be located on the 2nd floor of the New Courthouse. He stated that the informational desk could he seen from the front entrance of the Courthouse.
Mr. Watkins stated that another informational clerk might be
hired for the old Courthouse at a future date.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved to transfer the necessary funds from the Contingency account to the Clerk's budget in order to implement the informational clerk position.
Commr. Carson was not present for the vote.
BONDS - CONTRACTOR
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the following Contractor Bonds:
NEW
936-86 Joseph R. Bonjorn d/b/a Advance Electric (Electrical)
1829-86 William K. Smith d/b/a D & C Masonry (Masonry)
3044-86 Jerry R. Blackford (Roofing)
4044-86 William C. Baldwin, Horizon Industries, Inc. (Residential)
4321-86 Stephen H. Fox (General Contractor)
CANCELLATIONS
4074 William H. Sloane, Jr. (Electrician)
Commr . Carson was not present for the vote.
LICENSES & PERMITS
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the following renewal of gun permits and bonds:
Robert Shiffer Thomas L. Cooper
E. R. Jelsma Susan M. Swindal Day
Carroll L. Ward, Jr. Richard Kenneth Crumpton
Roger Williams Conner, Jr. Lola Marie Wirt
G. Harold Svenson James E. Gardner
The motion also included denial of a gun permit and bond for Robert Michael Doe due to the report received from the Sheriff's Department.
ASSESSMENTS
On a motion by Commr. Carson, seconded carried unanimously, the Board approved and by Commr. Windram and authorized the necessary signatures on the Satisfaction of Assessment Lien for Thomas F. Fuqua, Thomas Holdings Subdivision, in the amount of $2,900.00.
BUDGETS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend the following budgets:
AMENDED BUDGET
ESTIMATED REVENUE AND EXPENDITURES
LAKE COUNTY
PAISLEY FIRE DISTRICT
For the fiscal year ending September 30, 1986, in accordance
with Section 129.06 (2)(D) Florida Statutes.
ESTIMATED REVENUE
INCREASE TOTAL
164-1-00-66-100-319.100 & - $17,005
164-1-00-66-100-342.900 8,716 16,381
164-l-00-66-100-389.999 1,100
Less 5% 0000 ( 850)
TOTAL REVENUE $8,716 $33,636
ESTIMATED EXPENDITURE
INCREASE TOTAL
164-522-1-00-66-100-240 $ - $ 100
164-522-1-00-66-100-320 250
164-522-1-00-66-100-410 _ 300
164-522-1-00-66-100-430 200
164-522-1-00-66-100-440 1,220 1,220
164-522-1-00-66-100-450 1,500 5,600
164-522-1-00-66-100-460 2,400 4,400
164-522-1-00-66-100-490 25
164-522-1-00-66-100-520 500 1,150
164-522-1-00-66-100-540 20
164-522-1-00-66-100-620 11,870
164-522-1-00-66-100-640 2,500 2,700
164-522-1-00-66-100-910 1,234
164-522-l-00-66-100-932 247
164-522-l-00-66-100-933 _ 987
164-522-1-00-66-100-990 _ 1,100
164-522-l-00-66-100-999 616 2,233
TOTAL EXPENDITURE 8,716 33,636
AMENDED BUDGET
ESTIMATED REVENUE AND EXPENDITURES
LAKE COUNTY
SOUTH LAKE FIRE DISTRICT
For the fiscal year ending September 30, 1986, in accordance
with Section 129.06 (2)(D) Florida Statutes.
ESTIMATED REVENUES
INCREASE TOTAL
165-1-00-66-100-319.100 $ - $29,540
165-1-00-66-100-342.900 5,498 50,000
165-1-00-66-100-361.100 600
165-1-00-66-100-369.900 400
165-1-00-66-100-381.100 30,000
165-l-00-66-100-389.999 26,000
Less 5% 00000000 (1,527)
TOTAL REVENUE $ -5,498 $135,013
ESTIMATED EXPENDITURE
INCREASE TOTAL
165-522-1-00-66-100-120 $ _ $ 11,616
165-522-1-00-66-100-170 6,000
165-522-1-00-66-100-240 540
165-522-1-00-66-100-310 _ 400
165-522-1-00-66-100-320 _ 400
165-522-1-00-66-100-400 _ 100
165-522-1-00-66-100-410 _ 500
165-522-1-00-66-100-420 _ 44
165-522-1-00-66-100-430 _ 1,800
165-522-1-00-66-100-450 _ 8,404
165-522-1-00-66-100-460 _ 4,500
165-522-1-00-66-100-490 _ 250
165-522-1-00-66-100-510 _ 100
165-522-1-00-66-100-520 _ 200
165-522-1-00-66-100-540 _ 2,600
165-522-1-00-66-100-640 5,489 13,698
165-522-1-00-66-100-710 _ 30,480
165-522-1-00-66-100-720 _ 10,606
165-522-1-00-66-100-910 _ 3,702
165-522-l-00-66-100-932 _ 740
165-522-l-00-66-100-933 _ 2,962
165-522-1-00-66-100-990 _ 26,000
165-522-l-00-66-100-999 00000 9,371
TOTAL EXPENDITURES 5,498 135,013
AMENDED BUDGET
ESTIMATED REVENUE AND EXPENDITURES
LAKE COUNTY
MOUNT PLYMOUTH FIRE DISTRICT
For the fiscal year ending September 30, 1986, in accordance
with Section 129.06 (2)(D) Florida Statutes.
ESTIMATED REVENUE
INCREASE TOTAL
166-1-00-66-100-319.100 $21,900 $ 60,881
166-1-00-66-100-342.900 32,851
166-1-00-66-100-361.100 200
166-l-00-66-100-389.999 000000 ( 3,054)
TOTAL REVENUE 21,900 108,878
ESTIMATED REVENUE
INCREASE TOTAL
166-522-1-00-66-100-120 $10,000 $ 22,610
166-522-1-00-66-100-210 1,000 2,000
166-522-1-00-66-100-240 1,500
166-522-1-00-66-100-310 300
166-522-1-00-66-100-320 1,000
166-522-1-00-66-100-400 700
166-522-1-00-66-100-410 3,500
166-522-1-00-66-100-420 50
166-522-1-00-66-100-430 2,640
166-522-1-00-66-100-450 8,500
166-522-1-00-66-100-460 5,450 10,750
166-522-1-00-66-100-490 50
166-522-1-00-66-100-510 500
166-522-1-00-66-100-520 6,800
166-522-1-00-66-100-540 100
166-522-1-00-66-100-620 5,450 3,000
166-522-1-00-66-100-640 9.650
166-522-1-00-66-100-710 6,334
166-522-1-00-66-100-720 8,372
166-522-1-00-66-100-910 3,592
166-522-l-00-66-100-932 718
166-522-l-00-66-100-933 2,873
166-522-1-00-66-100-990 1,891
166-522-l-00-66-100-999 00000000 11,448
TOTAL EXPENDITURES $21,900 $108,878
CLERK/DEEDS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted a check from James C. Watkins, Clerk, in the amount of $3,657.64, for unclaimed excess proceeds due landowners on applications for tax deeds.
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 November 27, 1985, in the amount of $6,875.75.
CLERK/COURTHOUSE/PURCHASING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed the Purchasing Department to obtain quotes for the purchase of a mailing machine to replace the machine located on the first floor of the new Courthouse.
COMMUNICATIONS/COUNTY PROPERTY/DEEDS
Commr. Carson informed the Board that he had received a telephone call from Mrs. Jewel Hooks who is interested in giving the County a piece of property located on Haines Creek Road in Bassville Park.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board accepted the property being given to the County by Mrs. Jewel Hooks and authorized the County Attorney's office to draw up the necessary deeds.
Commr . Smoak was not present for the vote.
ROADS, COUNTY & STATE/SUBDIVISIONS
Commr. Carson addressed the Board to discuss the traffic problems occurring in Shademoor Acres Subdivision (Vista Avenue, Blossom Lane, and Shademoor Drive). He stated that the Board previously approved on November 19, 1985, to install speed bumps on the roads in Shademoor Acres Subdivision. He stated that in talking with Mr. Ben Benedum, Public Works Director, speed bumps are dangerous.
Commr. Deems explained that Mr. Benedum had placed traffic counters on the roads for a period of five (5) days, and over that five (5) day period 402 cars were counted going northbound and 438 cars were counted going southbound. He stated that Mr. Benedum recommended placing a barricade at the entrance adjacent to the Lake Square Mall, rather than placing speed bumps.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to rescind the action taken November 19, 1985, and approved to uphold the recommendation of Mr. Benedum, Public Works Director, to barricade the entrance adjacent to the Lake Square Mall, and approved to place "Dead End" siyns in the subdivision.
PROPERTY APPRAISER
Commr. Windram informed the Board that he had received a request from Ms. Dianne Seallie, owner of the Mount Plymouth Central Florida Academy, for the Property Appraisal Adjustment Board to hear her petition objecting to her taxes.
It was the feeling of the Board that since Ms. Seallie did not file her petition prior to the filing and meeting dates, the request was denied.
RECESS & REASSEMBLY
At 11:OO a.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:OO p.m. for Rezoning.
ZONING
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted withdrawal of the following cases:
PETITION PETITIONER
173-85-5 R. William & Dorothy H. Rae
184-85-2 Ann Holloway Mangum
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board postponed the following cases, as listed, until 2:00 p.m. or as soon thereafter as possible:
PETITION PETITIONER DATE
CUP 579A-1 James Burns March 11, 1986
178-85-3 City of Tavares January 14, 1986
CUP 990-3 Joseph L. Horvath January 14, 1986
PUBLIC HEARING 160-85-4 LM to A or RA Jordan Iserman
No one present wished to discuss the proposed rezoning request 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 rezoning from LM (Light Manufacturing, Warehousing, Research or Professional) to A (Agriculture).
PUBLIC HEARING 166-85-4 RR to R-1-15 Glen & James Tyre
& Rolf Bergman
Mr. Dan Robuck, attorney representing the petitioners, addressed the Board to object to the Planning Commission's recom- mendation for denial. He informed the Board that he and his clients have come up with a compromise of rezoning a portion of the lots ER (Estates Residential) and the remainder of the lots R-1-15 (Residential Estates). He explained that the request is in conformance with the Comprehensive Plan. He stated that the average size lot is 23,739 square feet.
Mr. Robuck stated that if the County would not require that the 150 foot road be paved, the applicants would consider leaving the zoning by the lake RR (Rural Residential), and then rezone the remainder of the lots ER (Estates Residential) and R-1-15 (Residential Estates). He stated that the R-1-15 (Residential Estates1 zone would be a minimum of 1,200 feet from the lake.
Mr. Paul Hanna, architect for the project, addressed the Board and stated that the applicants were trying to utilize the land to its best ability for the lot sizes. The project is meant to be an exclusive development.
Mr. Lou Tally, attorney representing residents in East Crooked Lake, addressed the Board in favor of the Planning Commission's recommendation of denial. He stated that this request is the first major effort to increase the density since the adoption of zoning for that area.
The following individuals addressed the Board in favor of the Planning Commission's recommendation for denial: Mr. Harvey Clemmer, Mr. Rob Erickson, Mrs. Laurabelle Winter, and Mrs. Peggy McCullough.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).
RECESS & REASSEMBLY
At 2:55 p.m. the Chairman announced that the Board would recess until 3:00 p.m.
PUBLIC HEARING #167-85-5 CP TO RP Franklin Loehr
No one present wished to discuss the request 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 CP (Planned Commercial) to RP (Multiple-Family Residential-Professional) for a research library, writing rooms, residence (parsonage), and guest apartment.
PUBLIC HEARING #171-85-5 A and C-l to CP Gary L. &
Alice I. Miller
No one present wished to discuss the request 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) and C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for boat sales and service.
PUBLIC HEARING CUP #994-5 CUP in A Wolsey Thomas
Mr. Wolsey Thomas, applicant, addressed the Board objecting to the Planning Commission's recommendation of denial. He stated that he was requesting permission to rezone his property to allow a poultry ranch in order to provide income for his family.
Mr. David Clapsaddle, Land Development Manager, addressed the Board and stated that he had gone out and looked at the property and gave the following reasons for denial:
1 . The request is not compatible with surrounding zoning
districts and land use patterns.
2 . Approval of the request could create future land use
conflicts.
3 . Conditions on the subject site are not conducive to the
operation of a poultry ranch.
Commr. Smoak stated that he felt some type of effort should be made to find space on his property to grant the request, and still protect the surrounding property owners.
Mrs. Jane Groves, St. Johns River Acres, addressed the Board in favor of the Planning Commission's recommendation for denial. She stated that she abuts the applicant's property and feels that her property value on her property would decrease if the request is granted. She also expressed concern with possible odor and fly problems.
Mrs. Heald addressed the Board and stated that she was not notified of the proposed rezoning, but stated for the record that she was opposed to the rezoning request.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning Commisson and denied the rezoning request for a CUP (Conditional Use Permit) in A (Agriculture) to allow a poultry ranch and one (1) mobile home as a caretaker's residence.
Commr . Smoak voted "No".
PUBLIC HEARING #172-85-5 A to MP or CP & RR
Gordon S. Bush, Sr.
Mr. Gordon Bush, applicant, addressed the Board objecting to the Planning Commission's recommendation of denial without prejuice. He stated that the reason for his request was to enable him to expand his business currently located in Orlando.
Mr. John Mulla, Lake Kathryn, addressed the Board in favor of the Planning Commission's recommendation for denial.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from A (Agriculture) to MP (Planned Industrial) or CP (Planned Commercial) and RR (Rural Residential) for warehouse storage, conventional dwelling and an additional building site without prejudice.
PUBLIC HEARING #176-85-5 A to RR Gerald T. &
Karen E. Haynes & William H. Hoover
No one present wished to discuss the rezoning request 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 approved rezoning from A (Agriculture) to RR (Rural Residential).
PUBLIC HEARING #177-85-4 C-l and R-l-7 to CP Cecil Bodiford
Mr. Buddy Fisher, adjoining property owner, addressed the Board and stated that he was not objecting to the rezoning request, but that he would like to request that a privacy fence be installed between the two properties.
Mr. Jerry Sexton, Director of Development, stated that a provision of that type has been included in the CP (Planned Commercial).
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 C-l (Rural or Tourist Commercial) and R-l-7 (Urban Residential) to CP (Planned Commercial) for a convenience store and service station.
PUBLIC HEARING CUP #993-4 CUP in A Constance B.
L R. S. Holland
Mr. Randolph Matheny, Longwood, addressed the Board objecting to the Planning Commission's recommendation for denial. He stated that he would like to build 35,000 square foot greenhouses.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the CUP (Conditional Use Permit) to include additional wording under Item C that subdividing of property will be prohibited under this CUP (Conditional Use Permit) and to include Item E: Condominium Agreement - The condominium will operate under the statutes of the State of Florida.
Mr. Gunard Brautcheck, Spring Hill Farm, addressed the Board in favor of the Planning Commission's recommendation of denial. He stated that the request is not compatible with the uses currently in the area. He stated that the applicant does not have any access into the property. He also stated concern of the chemicals that would be used and a potential danger to the spring fed lake in the area.
Mr. Matheny then addressed the Board to discuss the comments made by Mr. Brautcheck.
Mr. Ford, County Attorney, stated that he felt that the 30 feet specified for a right-of way was not adequate.
Mr. Charles Poe addressed the Board and stated that he was prepared to give Mr. Matheny the additional footage required to comply with the County requirements.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend Item B - Ingress and Egress--to state that the minimum ingress and egress of 50 feet be secured in order to service the site.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and approved the rezoning for a CUP (Conditional Use Permit) in A (Agriculture) for hydroponic condominium greenhouses.
Commr . Windram voted "No".
Mr. Steve Vaughn, representing the Economic Development Council, addressed the Board and expressed his appreciation for the Board approving the request.
PUBLIC HEARING CUP #992-4 CUP in A Jimmy F. Godwin
Mr. Copeland, Eustis, addressed the Board and stated that he
was not present in opposition to the request for approval, but had some concerns with the flying patterns for the proposed site. He stated that there is already a heliport in existence in the area, and expressed concern on safety precautions of having two heliport so close.
Mr. Jimmy Godwin, applicant, addressed the Board and stated that the reason for the request was mainly for the security of his property.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to add Item I - to specifically prohibit the flying of the runway, which means crossing the runway, with the helicopter and that a route be used from either the west-northwest or the southwest approaching for both landing and take-offs.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for a CUP (Conditional Use Permit) in A (Agriculture) for a private heliport and storage of aviation accessories, as amended.
PUBLIC HEARING #174-85-4 R-l-7 to RP Oscar H. Roberts,111
No one present wished to discuss the request with the Board. On a motion by Commr. Windram, seconded by Commr. Carson and
carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request for rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential- Professional).
PUBLIC HEARING CUP #477B-2 CUP in A David P. Sloan, Jr.
Mr. Charles R. Williams, adjoining property owner, addressed the Board to discuss the request.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request to amend CUP #477A-2 in A (Agriculture) to include the retail sales of rabbit supplies.
PUBLIC HEARING #179-85-2 A to RMRP E. R. Jelsmo, et. al.
No one present wished to discuss the request with the Board. 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 A (Agriculture) to RMRP (Mobile Home Rental Park Residential).
Commr. Windram was not present for the vote.
PUBLIC HEARING CUP #995-3 CUP in A A. Duda & Sons,Inc.
No one present wished to discuss the request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning Commission and approved the request for a CUP (Conditional Use Permit) in A (Agriculture) for a private airstrip, as amended.
Commr . Deems was not present for the vote.
PUBLIC HEARING #181-85-3 A to AR Rubie H. Roper
No one present wished to discuss the request 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 rezoning from A (Agriculture) to AR (Agricultural Residential).
PUBLIC HEARING CUP #991-3 CUP in A Robert E. Woodard
MARCO Hunting & Fishing Club, Inc.
Mr. John Stillwell, President of the Hunting & Fishing Club, addressed the Board to discuss the request.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for a CUP (Conditional Use Permit) in A (Agriculture) for a hunting and fishing club and campgrounds, as amended.
PUBLIC HEARING CUP #91OB-3 CUP in A Barbara Harmon
Mr. Bob Wade, Clermont, addressed the Board and stated that he was an adjacent property owner. He stated that there are several mining operations in the area. He stated that the Conditional Use Permits should state that proper bonds are necessary for reconstruction of the property, sodding, elevation plans, etc. He stated that his major concern is that there is only one turnaround and one cut through for one area. He stated that if the Board approves the request, there could be a potential problem with truck traffic. He requested that the property be sodded when the mining has been completed, as he felt that seeding the property does not work.
Commr . Smoak stated that if the Conditional Use Permit is approved by the Board today, and if the property owners dig the property according to the specifications of the Conditional Use Permit, there will he a berm left between Mr. Wade's property and the property to the east, which will be nonfunctional. He questioned if Mr. Wade would be willing to remove the berm and be duly compensated from the soil taken from his property and put hack in the same condition as it is in today, beiny sodded. He stated that this would eliminate Mr. Wade's concern regardiny the traffic situation. Mr. Wade stated that he was not willing to remove the berm from his property himself, hut he would not object to signing a reciprocal agreement having the berm removed and properly sodded.
Mr. Wade suggested that deceleration and acceleration lanes be constructed.
Commr. Smoak recommended that the Conditional Use Permits be changed in order for the property owners to excavate up to their property line.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board postponed this rezoning case until December 17, 1985, at 9:3O a.m., and directed the staff to revise the Conditional Use Permit for Mrs. Harmon and that the Conditional Use Permits for Mr. Ettinyer and Mr. Wade be reviewed in terms of all three Conditional Use Permits being in conformance with each other, with the end result being that the Board look to the Department of Transportation for direction and guidance concerning the crossover, and come back to the Board with a recommendation.
PUBLIC HEARING #175-85-3 R-l-7 to AR V. M. Groves, Inc.
No one present wished to discuss the request 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 rezoning from R-l-7 (Urban Residential) to AR (Agricultural Residential).
PUBLIC HEARING #180-85-3 RR to R-1-15 Joseph A. &
Elsie M. Martin
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:30 p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
mcg/12-12-85