A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 14, 1986
The Lake County Board of County Commissioners met in regular session on Tuesday, October 14, 1986, 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: James R. Carson, Jr., Chairman, (arriving at 9:30 a.m.); Glenn C. Burhans; 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; Robert L. Wilson, Finance Director: and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the Special Budget Minutes of September 23, 1986, as presented.
Commr. Carson and Commr. Deems were not present for the vote.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board postponed action on the Minutes of October 7, 1986, until the October 21, 1986, meeting.
Commr. Carson was not present for the vote.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request to issue a refund to Mrs. Ruth Jenkins, in the amount of $990.00, due to dissatisfaction with work done on a one-time maintenance project on an unnamed road off Emeralda Island Road.
Commr. Carson was not present for the vote.
COUNTY ADMINISTRATOR/COMMITTEES/EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request for Michael Szunyog to replace Mike Willett, as the Lake County representative to the East Central Florida Regional Planning Council Project Review Committee, effective November 1, 1986.
Commr. Carson was not present for the vote.
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the request for S. J. Stephany to attend a hazardous materials transportation seminar, to be held on October 29, 1986, at Jacksonville, Florida, at a cost of $75.00.
Commr . Carson was not present for the vote.
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request for S. J. Stephany and Helen M. Thibodeau to attend the Annual Conference for Florida Emergency Preparedness Association in Homosassa, Florida, November 12-14, 1986, at an estimated cost of $320.00.
Commr. Carson was not present for the vote.
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request for reimbursement of $8.00 for Stephen Chase, upon successful completion of a beginning typing course, at Lake Sumter Community College.
Commr . Carson was not present for the vote.
COMMISSIONERS
At 9:30 a.m. Commr. Windram turned the Chairmanship over to Commr. Carson.
PUBLIC HEALTH/ORDINANCES
Commr. Smoak informed the Board of a Latch Key Day Care Program, involving the supervising of unattended children at the Lake County public schools before and after school hours.
Mr. Russell Melling and Robin Heckler, Lake County Public Health Unit, appeared before the Board to discuss the program.
Ms. Heckler discussed the educational requirements of an individual for child care. She stated that this program involved children five years or older who are left in the morning hours before school begins, and in the afternoon hours after school ends. She stated that the YMCA has voluntarily come forward and offered to go into these schools, without additional funding, to set up a Latch Key Day Care Program. She requested that the educational requirements be waived for the participants in the program, but with the staff for these facilities still complying with Chapter lOM-12, which requires 20 hours of training, background screening and fingerprint cards.
Mr. Chris Ford, County Attorney, stated that the original ordinance should be before the Board for review, with the Board having the ability to declare an emergency ordinance, if felt necessary. He requested that Mr. Melling and Ms. Heckler go to his office to work on an amendment, to be presented to the Board later in the afternoon.
Discussion occurred regarding the ordinance pertaining to the Lake County schools, which are in session, and only for the hours prior to and after, but not during, the scheduled school day.
MS. Heckler informed the Board that the YMCA is in the process of contracting with the Lake County School Board for the services, and is carrying its own insurance.
No action was taken at this time.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase a Vemco Drafting Machine and Scales, at an estimated cost of $450.00.
CONTRACTS, LEASES & AGREEMENTS/FIRE DISTRICTS-FIRE
DEPARTMENTS
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved the request for acceptance and signature authorization on the Certificate of Substantial Completion of the Astatula Fire Station #2.
Commr. Smoak was not present for the vote.
BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Burhans, seconded by Commr. Deems and.carried, the Board approved the request to advertise for bids for the construction of the Pine Lakes and Meadows Fire Stations.
Commr . Smoak was not present for the vote.
FIRE DISTRICTS-FIRE DEPARTMENTS/RIGHT-OF-WAYS, ROADS
EASEMENTS/COMMITTEES/ORDINANCES/CONTRACTS, LEASES &
AGREEMENTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request for signatures on a 15 foot easement agreement for Florida Power Corporation, at the Okahumpka Fire Station.
Commr. Smoak was not present for the vote.
At this time Commr. Carson suggested that a representative from the utilities department sit on the committee studying the proposed tree ordinance.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Windram,, seconded by Commr. Burhans and carried, the Board approved the request to purchase one Amkus Tool Demo Unit for the Pasco Fire District, at an estimated cost of $8,500.00.
Commr. Smoak was not present for the vote.
ACCOUNTS ALLOWED/ANIMAL SHELTER
On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the request to increase the Petty Cash Account for Animal Control from $25.00 to $50.00.
Commr. Smoak was not present for the vote.
ACCOUNTS ALLOWED/PUBLIC HEALTH
On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the request for Teresa Dunham, Public Housing, to attend the Second Annual National Leased Housing Association Seminar in Atlanta, Georgia, on November 6-7,1986, at an estimated cost of $505.00.
Commr . Smoak was not present for the vote.
SUBDIVISIONS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request for Preliminary Plat approval of Century Estates Subdivision.
Commr. Smoak was not present for the vote.
ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE/RESOLUTIONS
SUBDIVISIONS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $49,610.00, for performance on Lake Emma Estates Subdivision; acceptance of an Irrevocable Letter of Credit, in the amount of $4,764.00, for maintenance; and acceptance of the following roads into the County maintenance system: Lake Emma Court (2-2116) and Lake Emma Drive (2-2117).
Commr . Smoak was not present for the vote.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT
On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request to purchase a DecMate III word processor, for the Division of Planning and Development, at a cost of $1,752.00.
Commr . Smoak was not present for the vote.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Paulette Alexander, Richard Roof, Wilford Lamastus and Linda Baggett to attend the Annual Conference of the Florida Local Environmental Regulatory Association, on October 30-31, 1986, in Orlando, Florida, at a total cost of $100.00.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Jim Stivender to attend a one-day conference on Unionization: An Overview in Altamonte Springs on November 14, 1986, at a cost of $35.00.
MUNICIPALITIES/ROADS-COUNTY AND STATE/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved the request from the Town of Lady Lake to assume maintenance jurisdiction of #l-7407 Lady Lake Boulevard, for a distance of 3,050 feet, from the intersection of U.S. 441/27,.to the easterly city limits.
Commr . Deems was not present for the vote.
DEEDS/ROADS-COUNTY AND STATE
On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the request to accept the following non-exclusive easement deeds:
Charles/Darlene White #2-4800 Sumter Line Road
William Randall Lacy #2-4800 Sumter Line Road
Heracilo/Bonnie Marines #2-4800 Sumter Line Road
Commr. Burhans was not present for the vote.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request for Richard Roof to travel to Orlando, Florida, October 22, 1986, to attend a Hazardous Waste Materials Conference, for a cost of $35.00.
Commr . Windram and Commr. Burhans were not present for the vote.
ACCOUNTS ALLOWED/AGRICULTURAL CENTER
On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board approved the request from Terry Courneya, County Extension Director, for reimbursement for tuition for the following, in the amount of $28.00:
Carol Skinner & Jean Dempsey - Word Processing/Vo-Tech
September 29 - October 29, 1986 ($7.00 each)
Mary Thomforde & Dot Heald - Word Processing/Vo-Tech
November 11 - December 16, 1986 ($7.00 each)
Commr. Burhans and Commr. Windram were not present for the
vote.
LICENSES & PERMITS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following gun permits and bonds:
Renewals
L. C. Jones
James Bryan Granger
Herbert Gordon Seegers
Additions
Daniel Edward Davis
BONDS - CONTRACTOR
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor a Bonds:
New
0112-87 Gunter W. Wittig d/b/a Wittig Equipment
1202-87 Cee Jay Pools Inc. & Richard M. Harper (Swimming Pool)
1355-87 Harry F. Carris (Electrical)
1486-87 William M. Dillard d/b/a Mechanical Services Inc. of
Orlando (Mechanical Contractor)
1507-87 G. Donald Watson & Georgia Watson d/b/a East Coast
(General Contractor)
1588-87 John W. Davis (Electrical)
1622-87 Kenneth Anderson, Inc. (Building Contractor)
1737-87 Thomas Air Conditioning & Heating, Inc. (Air Cond. and
Heating Class B)
1810-87 Michael P. Winchell d/b/a Winchell Construction Co.
1825-87 William H. Hart, Jr. (General Building)
1931-87 Tommy Tamsett d/b/a Tamsett Plumbing L Electric, Inc.
3081-87 Larry E. Ballard, Quality Plumbing of Ocala, Inc.
(Plumbing)
4036-87 Jade Electric, Inc. (Electrical)
4056-87 John T. Weller d/b/a Futura Electric (Electrical)
4140-87 Frederick James Foulk d/b/a B. S. L F. Air Distribution
(Heating L Air Conditioning)
4198-87 William W. Kirtley d/b/a Cool-Way, Inc. (Heating L Air
Conditioning)
4295-87 Errol W. Johnson d/b/a Central Air Inc. (Air Cond.)
4301-87 Austin B. Guinan (Electrical)
4306-87 Arthur B. Hosch
4365-87 Bernard Duncan (Aluminum Specialty Contractor)
4369-87 William B. Davis (Building)
4400-87 Douglas Walker (General)
4401-87 William R. Scott d/b/a King & Sorg Electric, Inc. (Elec.)
4402-87 Paul W. Wilson Plumbing, Inc. (Plumbing Contractor)
4403-87 Robert S. Bell d/b/a Bob Bell Roofing & Supply Co.
(Roofing)
4404-87 Robert Dale Antis (Plumbing Contractor)
4405-87 Edmund J. Dagner (Electrical Contractor)
ACCOUNTS ALLOWED/CODE ENFORCEMENT/COURTS-JUDGES
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction and Release of Judgment for Melvin and Carla Adkins, CEB-51-85, in the amount of $100.00.
ACCOUNTS ALLOWED/SUBDIVISIONS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens: Pine Lakes South Subdivision
Nathan & Dorothy Finn $948.00
Marshall H. Gaard 948.00
Joseph B. L Mildred C. Schmierer 711.00
Gordon L Bernice Hanhams & Pearl 711.00
Savage
Keith L Irene Wheeler 568.80
Keith L Irene Wheeler 711.00
Western Shores Subdivision
Graham D. & Karen Summers $650.69
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of the Term Bill for expenses incurred for Circuit Court work, for the period of May 1, 1986 through September 30, 1986, in the amount of $36,828.00.
REPORTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week ending September 30, 1986, in the amount of $20,487.55.
ACCOUNTS ALLOWED/CHECKS RECEIVED
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of a check from Pamela Barnes, in the amount of $83.62, as reimbursement to Lake County.
COUNTY PROPERTY/FAIRGROUNDS
Mr. Chris Ford, County Attorney, informed the Board of the approval of the Libby's project, by the Department of Community Affairs, with the eligibility to receive community contributions. He stated that the approval of the project allows business firms, who are willing to make contributions to the project, a tax credit equal to 50% of the value of their contribution against their Florida Corporate Income Tax. Mr. Ford further stated that title information is being prepared in his office, and Mr. Willett is getting quotes from the banks for financing, with closing to take place in November or December.
REPORTS/STATE AGENCIES
Mr. Bob Duty, Forestry Service, appeared before the Board to present the 1985-86 Fiscal Year Activity and Receipt Expenditure Report for the Florida Division of Forestry's fire control program and forestry project in Lake County.
Mr. Duty stated that since 1985-86, there has been a fire reduction from a total of 297 fires to 91, in Lake County, due mostly to public awareness through educational programs.
Mr. Duty discussed the open burning program and stated that the Division issued 8,645 authorizations in Lake County last year, with a majority going to the citrus people.
Mr. Duty discussed the additional pickup units, matching funds, and reorganization of the Division. He stated that he has been assigned exclusively to the Lake County area.
Mr.Duty introduced Mr. Bill Korn, Forestry Center Manager: and Mr. Larry Scott, Operations Chief: and Brett States, Senior Forest Ranger, for Lake County.
Mr. Korn appeared before the Board to discuss the 1985-86 Annual Report and the changes in personnel.
Mr. States appeared before the Board to present his educational background and proposed ordinances, that he will be working on, involving trees and wetlands. He discussed the many rural requests and the planting of citrus trees.
COMMITTEES/ORDINANCES/ROADS-COUNTY AND STATE
Commr. Smoak discussed the impact fee, which has been in force for about one year, and the economic benefits to the County's transportation system. He stated that the Board had authorized the Impact Fee Study Committee to pursue a criminal justice fee for law enforcement, communicating with our consultants. Commr. Smoak requested that the County continue to pursue those areas previously discussed by the Board, to the point of a presentation, to be made to the Board by the consultants, for consideration.
Commr. Smoak stated that a list of the individuals, who will be sitting on the Committee as citizen participants in the community, will be brought back before the Board for approval.
COMMITTEES/ORDINANCES/PLANNING DEPARTMENT
Commr. Smoak volunteered to sit on the committee, who will be working on the proposed tree ordinance, as the liaison commissioner for the Board of County Commissioners.
SHERIFF'S DEPARTMENT
Commr. Carson discussed a letter from Noel E. Griffin, Jr., Sheriff, regarding inmate medical treatment. He stated that there was a concern with the responsibility for payment of expenses for inmates.
Mr. Ford, County Attorney, suggested that the County Administrator, a County Commissioner, and himself consult with Sheriff Griffin on this matter.
No action was taken at this time.
PLANNING DEPARTMENT/ZONING
Mr. Michael Szonyog, Director of Planning, appeared before the Board to discuss areas of concern for planning and development within Lake County.
Mr. Rudolph Marchese, Principal Planner, appeared before the Board to discuss the Small Area Study of Considerations for Site Development at the Routes of 19/27/Turnpike Interchange. Mr. Mar hese discussed the situation caused by the freezes, the pressuring from developers, and the Comprehensive Plan, approved in 1977, which was based upon a citrus economy.
Mr. Marchese stated that Lake County should now review its land assets and prepare plans that will achieve the maximum benefit to the County from future development. He stated that the approaches for the small area study will include piecemeal development and planned nodal development.
Mr. Marchese discussed a three month effort on a study, to include an evaluation of the areas potential for development. He recommended a land use plan based on fiscal and ecological impact; county long-term goals: and neighboring community interest.
Discussion occurred regarding the acceptance of new applications within this particular area.
Mr. Jerry Annas, Executive Director of Planning and Development, recommended that the rezoning within this particular area be held in abeyance until completion of a four-month study.
Commr . Smoak made a motion, which was seconded by Commr. Burhans, to accept the Development staff's recommendations, to prepare an indepth study of the area, and direct the staff not to accept any further applications for development within a four mile square area, at the Routes of 19/27/Turnpike Interchange.
Mr. Steve Richey, Attorney, appeared before the Board and stated that he represents Dr. James P. Gill, who has several prior approved parcels, which tie into this area being discussed, and understood that the motion would have no impact on these parcels.
Mr. Richey stated that he did have a concern with the Haney project, which has been on file for nine months, but was continued based on the staff doing this study on the urban node designation, and understood that the motion would have no impact on this project. He stated that a substantial amount of money has been expended on this project, and that he has until November 15, 1986, before losing that money, which has been posted for this project. At this time he requested that the staff look at this specific piece of property, over the next 30 days, as it relates to the study approved in the motion.
Discussion occurred regarding the request to look at the RV park separately from the mobile home park.
Discussion occurred regarding the CUP being expired on Dr. Gill's property. Commr. Smoak suggested directing the staff, as with the Haney piece of property, to investigate the property and surrounding property, because it is currently zoned RMRP, with a CUP for a subdivision, that was granted for a four unit per acre density basis.
At this time the Chairman called for a vote on the motion, which was carried unanimously.
ELECTIONS/GRANTS/MUNICIPALITIES/POLLUTION CONTROL
Mr. Gordon Savage appeared before the Board to discuss the sewer problems in Astor, and the legal concern regarding the referendum.
Mr. Chris Ford, County Attorney, informed the Board that he has consulted with Wilson Wright, Attorney for the State Association of Supervisors, who represents Emogene Stegall, and Terry Lewis, an attorney in Tallahassee, who represents a group of sewer districts, regarding the interpretation of Florida Statute 153. He stated that neither could really disagree with the interpretation made by his office. At this time he read a portion of the Florida Statute regarding the requirement for eligible voters. Mr. Ford stated that.it has been the conclusion of the County Attorney's Office that the only people who can vote in this election are registered voters in Lake County, who own land in that district, which they have requested to be placed on the ballot.
MC. Ford stated that his initial opinion was going to be for the County to bring a declaratory action suit and let the court decide who are the eligible voters and how they will be counted. He recommended that the Board allow the vote to proceed, according to the Florida Statutes, and to be fair to the people in Astor. He stated that should the vote be favorable, there would be two alternatives as follows: (1) for a declaratory action suit to be filed with the court, requesting the court to decide if the vote carried, or, (2) for the Board of County Commissioners to get directly involved, create a sewer district, and to be the Board members who run it.
Discussion occurred regarding funds to be forthcoming from grants, and the possibility of using such funds for the expense of a lawsuit.
Mr. Ford read to the Board two provisions, in the Florida Statutes, regarding the opinion determined by the County Attorney's Office.
Mr. Ralph Reeder, Board of Directors, Astor-Astor Park Water Association, appeared before the Board to discuss the original circulated "Petition for Nomination of Commissioner of Astor Water and Sewage District".
Mr. Jack Lenady, Board of Directors, Astor-Astor Park Water Association, appeared before the Board to question the wording on the ballot pertaining to "water".
Mr. Ford informed the Board that Florida Statute 153.53 spelled out the ballot form. He stated that the Board had primarily requested that the County Attorney's Office not to do a lot of legal work on this matter. He stated that there are a lot of misconsistencies in this portion of the Florida Statutes.
Mr. Lenady stated that he would like to see the portion regarding "water" deleted from the ballot.
Mr. Ford felt that the attorney for the Water District should be the one to present a legal opinion to the people in Astor.
Mr. Reeder stated his concerns regarding the boundaries indicated on the petition and called Mr. Ford's attention to Florida Statute 153.53(2a). At this time Mr. Reeder requested that Mr. Ford or Mr. Minkoff attend a meeting, with the people from Astor, on October 25, 1986, to explain the legalities in question.
Mr. Ford stated that he understood that the County would remain in a neutral position.
Commr. Burhans made a motion that the County Attorney attend the meeting and inform the people of Astor of all of the consequences involved with the ballot.
The motion died for the lack of a second.
RECESS & REASSEMBLY
At 12:35 p.m. the Chairman announced that the Board would adjourn for lunch and reconvene at 2:00 p.m. for rezoning.
REZONING
On a mot ion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the postponement of the following cases, until November 11, 1986, at 2:00 p.m., or as soon thereafter as possible:
#173-86-3
#174-86-3
CUP#86/9/6-3
CUP#86/9/8-3
CUP#86/9/4-3
CUP#86/9/7-3
Albert Kreibick
Albert Kreibick
Robert S. Holland
Gator Pool, Inc.
Robert J. Hester
R. F. Raidle & Louis Feil
On a mot ion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved the withdrawal of the following cases:
CUP#86/8/7-4
#172-86-l
#166-86-3
Don Brumfield
George Pringle & Jack
Purdum, et al
Space Groves
Commr . Windram was not present for the vote.
PUBLIC HEARING - #104-86-2 William G. Haynie
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for a 30 day postponement, until November 11, 1986, at 2:00 p.m., or as soon thereafter as possible.
PUBLIC HEARING - #74-86-3 Randall Lee Karst
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial) and LM (Light Manufacturing, Warehousing, Research or Professional).
PUBLIC HEARING CUP#86/9/3-5 Tommy J. Shannon
Commr. Burhans made a motion, which was seconded by Commr. Smoak, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning for a CUP in A (Agricultural) for extraction of fill dirt.
Mr. David Clapsaddle, Acting Director of Planning, informed the Board that the petitioner was requesting an amendment to the CUP, to allow a mobile home, for a caretaker's residence.
Mr. Tommy Shannon, P. J. Construction, appeared before the Board and stated that the request was due to vandalism of equipment.
Mr. Michael Willett, County Administrator, informed Mr. Shannon that he could obtain a permit for a mobile home, because he has ten acres, which are zoned agricultural, without amending his request.
The Chairman called for a vote on the motion, upholding the recommendation of the Planning and Zoning Commission, which was carried unanimously.
PUBLIC HEARING #164-86-5 Lake County Board of County
Commissioners
Ms. Dorothy Stanford, Winter Park, appeared before the Board in behalf of her father, who owns two lots abutting the fire station. His concerns are that there is already an existing fire house in Altoona, and the depth of the area from Highway 19 to the Ocala Forest Campsites.
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 approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District) for a fire station.
PUBLIC HEARING #162-86-5 Yvonne L. Shirk
Commr . Burhans spoke in opposition of the request, stating that the property is located on a county maintained clay road.
Commr. Burhans made a motion, which was seconded by Commr. Deems, to overturn the recommendation of the Planning and Zoning Commission and deny the request for rezoning from A (Agricultural) to RR (Rural Residential), until the road and right-of-way situation is resolved.
Mrs. Yvonne Shirk appeared before the Board and stated that she intended to put in a paved road through the lots in the subdivision. Commr. Burhans discussed paving the road in her subdivision, along with the County road, but did not feel that it would be economicably feasible.
The staff discussed alternatives to the rezoning request.
Mr. Richard Shirk appeared before the Board to question the position of the people who have purchased adjacent lots.
Mr. Michael Willett, County Administrator, informed the Board that the County maintained clay road is not scheduled to be paved.
The Chairman called for a vote on the motion, which was carried, with Commr. Windram and Commr. Smoak voting "no".
PUBLIC HEARING #169-86-5 Julian Jucha
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates).
PUBLIC HEARING #171-86-4 Carl T. Kelly & Judith L. Cook
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for an office for the East Lake County Chamber of Commerce.
PUBLIC HEARING #170-86-4 Herston L. Brown
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to ER (Estate Residential).
PUBLIC HEARING #160-86-4 Bryan G. Anderson, Jr.
No one present wished to discuss this 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 and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial), as amended, with a 50 foot easement along the highway for an access road.
PUBLIC HEARING #158-86-l John C. Lucas
No one present wished to discuss this request 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 request for rezoning from RR (Rural Residential) to A (Agricultural).
PUBLIC HEARING #165-86-l W. Paul Resop Family
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 request for rezoning from RM (Mobile Home Residential District) to PFD (Public Facilities District) for an electrical distribution substation.
Ms. Victoria Kelly, representing Florida Power, appeared before the Board to present clarification of item #2, regarding the height of the chain link fence, and requested that an amendment be made to approve the request, as submitted in the preliminary site plan.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to reconsider the previous action taken on this petition.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for rezoning from RM (Mobile Home Residential District) to PFD (Public Facilities District) for an electrical distribution substation, as amended to read in the conditions, #2, "as shown on the site plan".
PUBLIC HEARING #167-86-2 Tex A. Merritt
Discussion occurred regarding the Department of Planning's recommendations for denial.
Mr. Tex Merritt appeared before the Board and submitted a plan for the Board's review.
Discussion occurred regarding the ingress and egress in the residential areas, tying in with the request.
On a motion by Commr. Deems, seconded by Commr. Smoak and
carried unanimously, the Board approved to postpone the request until November 11, 1986, at 2:00 p.m., or as soon thereafter as possible.
PUBLIC HEARING CUP#86/9/1-3 Walter C. Perryman
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for a caretaker's residence for a grove and greenhouse.
PUBLIC HEARING #161-86-2 Morgan Padgett
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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District) for a church.
PUBLIC HEARING CUP#86/9/2-3 Leo Paul Green
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for housing of construction equipment.
PUBLIC HEARING CUP#86/9/5-3 Marvin Kenneth Boykin
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for an airfield for ultra light air recreational vehicles.
PUBLIC HEARING #168-86-3 SECO Properties, Inc.
Mr. Leonard Baird, Attorney representing the owner of the property, appeared before the Board to speak in opposition of the denial, to place a ready mix concrete batch plant in a present MP zone. He stated that the plant would be run and operated by Florida Rock Industries.
Mr. Baird discussed the concerns of dust and noise addressed by a mobile home park, and the Planning staff's concern regarding Grassy Lake Road. He stated that all concerns could be controlled with vegetative buffers for the noise and conditions being placed for the road and traffic problems.
Mr. Shelby Sellers appeared before the Board and stated that he lives north of the property and was concerned with the pollution, noise and construction of buildings.
Mr. Jorge Quiroga, owner of Highland Mobile Home Park, appeared before the Board and stated that there are 200 feet of property in front of the park, and felt that this was not the proper place for the batch plant.
Mr. Tom Benfield appeared before the Board and stated that he owns 20 acres behind the property. He further stated that he was concerned about the washouts that occur on the property, and feels that the truck traffic may cause additional problems.
Commr. Smoak discussed the history of this request, with the original request being for LM zoning. He stated that he suggested to the petitioner to change the request from LM to MP, so that it would not place the residents in the area in a position for an open zoned district, that could have objectional uses.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request to amend MP (Planned Industrial) to expand planned industrial for use as a ready mix concrete batch plant.
PUBLIC HEARING #157-86-3 James S. Hillebrandt
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for rezoning from RA (Ranchette District) to ER (Estate Residential).
PUBLIC HEARING #177-86-3 Edith M. Bonner
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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to LM (Light Manufacturing, Warehousing, Research or Professional).
PUBLIC HEARING #159-86-3 Ranjit Basi
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial).
PUBLIC HEARING #163-86-3 Zom John's Lake Associates
Commr . Smoak informed the Board that Hartle Road has just been double-surfaced treated, and there is a right-of-way problem on the road. He stated that the access to Highway 50 is an extremely narrow access, and feels that some safety provision should be addressed in terms of the adjoining MP zone and buffering, and secondly, some provision be made for access to the development. At this time Commr. Smoak requested direction from the Planning staff.and suggested a 30 day postponement, so that the staff could consider the problems of density, access and traffic. Mr. John Mosler, Winter Park developer, appeared before the Board, and stated that the problems of traffic and the MP zoning have been addressed. He stated that he would have no problem with the postponement.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved a postponement for 30 days, at the request of the petitioner, and requested that during that time Zom John's Lake Associates work with the Planning staff and the Public Works Department, to identify, deliniate and address the problem concerning the buffering, the MP zoning from the R-1-15, and to address the access problems on Highway 50.
PUBLIC HEARING #153-86-3 Space Groves, Inc.
Mr. David Clapsaddle, Acting Director of Planning, informed the Board of a problem with the legal description. He discussed the background involving this request.
Mr. Chris Ford, County Attorney, stated that the action of the Board will not effect the property that has not been legally advertised.
Mr. Steve Richey, Attorney, appeared before the Board and presented a site plan for review, and discussed the legals.
Mr. Rob Richenburg, representing several people in the audience, appeared before the Hoard and stated that the County's Planning Department recommended denial of this request twice, once under CM zoning and once under MP zoning. He addressed concerns involving the laundry facility, the sewage treatment plant, and the comprehensive plan. Mr. Richenburg discussed statements made in a letter from the Pollution Control Department, such as "the water temperature and disinfectants should kill any bacteria and viruses prior to the wastewater plant", and the protection of the aquifer in water quality. Mr. Richenburg stated that many of the property owners were not notified of the proposal. He then read a letter from the U.S. Department of Housing and Urban Development, regarding FHA not insuring the mortgage on any proposed construction that lies within 400 feet of an existing sewage treatment facility.
MS. Esther Long appeared before the Board and submitted several letters from surrounding property owners. Ms. Long read a letter from a bus driver, concerning Highway 50.
MC. Harry Gibson, owner of the adjacent property, appeared before the Board in opposition of the request. He stated that he was never notified of the second hearing, and at this time, requested the Commissioners to visit the area involved in this request.
Mr. Gordon Abercrombie, owner of the property on the south side bordering the proposed facility, appeared before the Board to discuss the request. He discussed the letter from the government stating that he cannot obtain an FHA loan to build on his property. He stated that he would not want to drink the water coming from the plant, because of the medical problems that may develop.
Ms. Paula Duke appeared before the Board and stated that she is a resident on Johns Lake. She stated that the area is already industrial, because of the sand mines, and feels that there will be additional problems with the approval of this request.
Mr. Buddy Elmore appeared before the Board and stated that he is a resident on Johns Lake. He suggested keeping industrial zoning ined from Hooks Road to Highway 50.
Ms. Carol Crosby appeared before the Board and stated that she property on Hancock Road. Her concerns involved viruses and the black soot from the traffic, creating problems for the children.
Mr. Steve Richey, Attorney representing Orlando Regional Medical Center, appeared before the Board and introduced several people in the audience involved in the project. Mr. Richey discussed each of the concerns addressed by the public and the reasons for requesting an MP zoning. He further discussed the limited utilization on the south end of the property, the conditions to be adopted as part of the rezoning approval, and the establishment of the water standards.
Mr. Fred Humphrey, Architect from Winter Park, appeared before the Board to discuss the project. He discussed the tunnel washer, roof deck, the elevation study, concrete interior tilt wall, and the conf sound level.
Dave Resling, Professional Engineering Consultants, commented on the virus concern and the types of safeguards provided by the facility.
Mr. Del Dippenthogger, Secretary-Treasurer of Space Groves, Inc., appeared before the Board and discussed the use of the property in the past and at the present time. He stated that he felt that the proposal is ideal for the area and highly recommended the project.
Mr. Richey stated that this piece of property developed in this utilization sets the tone of high quality light industrial development in this area. He discussed the Comprehensive Land Use Plan in relation to Hancock Road. Mr. Richey stated that the area met the needs of ORMC, because of location, gas, price of land, transportation network in the sense of Highway 50 and Highway 27, and future control of light manufacturing.
Commr. Smoak stated that he welcomes ORMC into Lake County, but feels that the request is for the wrong area. He stated that he felt it should be within the defined area of the Comprehensive Plan.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendaton of the Planning and Zoning Commission and denied the request for rezoning from R-l-7 (Urban Residential) to MP (Planned Commercial) for a commercial laundry with a sewage treatment plant, for the reasons presented by Commr. Smoak.
PUBLIC HEALTH/ORDINANCES (CONT'D.)
MC. Chris Ford, County Attorney, stated that he contacted Mr. Walt McLin, Attorney for the Lake County School Board, and stated that they were in favor of the ordinance.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board declared an emergency situation for an emergency ordinance, pertaining to a Latch Key Program for Lake County Public Schools.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading by title only:
AN EMERGENCY ORDINANCE AMENDING LAKE COUNTY ORDINANCE
1986-1 FOR THE PURPOSE OF WAIVING CERTAIN EDUCATIONAL
REQUIREMENTS FOR LATCH KEY PROGRAM OPERATORS.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and adopted Ordinance 1986-5, as read on its first and final reading by title only.
LANDFILLS/MUNICIPALITIES
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed the Engineering Department to prepare a map, designating the boundary lines, as described in the petition for the Astor Water and Sewage District.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:08 p.m.
ATTEST:
JAMES R. CARSON, JR., CHAIRMAN
JAMES C. WATKINS, CLERK
TMA/lO-30-86