The Lake County Board of County Commissioners met in regular session on Tuesday, April 14, 1987, 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: Thomas J. ; James R. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr. Carson, Jr.; 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 Assistant; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of April 7, 1987, as submitted.
BONDS - CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:
New
0913-87 E. Harold Wilson d/b/a Wilson Electrical Co. (Elec.)
1840-87 Gerald S. Smith/Steve's Electric (Electrical)
4168-87 Michael E. Gillespie (General)
4459-87 H. A. Faulkner d/b/a Sun Country Aluminum
(Aluminum Contractor)
4460-87 Harry B. Bahner (Sign Erection)
4461-87 Donald E. Lamberston, Jr. (Sign Erection)
4462-87 Suzanne Frissell and Acree Air Conditioning, Inc.
(Air Conditioning)
4463-87 Kent N. Edwards d/b/a K. N. Edwards Sales
(Aluminum Specialty)
4464-87 Bruce A. Tomon (Carpentry)
4465-87 Johnny Meeker (Class B Air Conditioning)
4466-87 Alan A. Jackson d/b/a Alan Jackson Plumbing, Inc.
(Plumbing)
4467-87 Bowles Roofing/Donald Bowles (Roofing)
4468-87 Donald W. Sutherland (Residential Building)
LICENSES AND PERMITS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following gun permits and bonds:
New Renewals Additions
Alan W. Mielke Roxy A. McFall Henry Clayton Shupe
Earle Hester, Jr. Michael Linhart Coons
Elsie J. Sweet
William J. Sweet
Dana M. Pincus
Leeland Boyce Shelton
REPORTS/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Florida Contraband Forfeiture Quarterly Report, Lake County Sheriff's Office, Jan 1, 1987 through March 31, 1987.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the following weeks:
March 31, 1987 ($27,235.93) April 3, 1987 ($10,992.22)
CHECKS RECEIVED/COURTS-JUDGES/STATE AGENCIES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Conflict Case Certification from the Public Defender, Fifth Judicial Circuit, for reimbursement, for compensation to counsel, who were approved by the Circuit Conflict Committee prior to their appointment, and that such appointments were made by the presiding judge after June 30, 1986, and accepted a check, in the amount of $8,829.45.
MUNICIPALITIES/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of Resolution No. 87-09, supporting the proposed swap of muck farm land for state owned lands, from the City Commission of Eustis.
EMERGENCY MANAGEMENT/COMMITTEES/CONTRACTS, LEASES & AGREEMENTS
Mr. James C. Watkins, Clerk, addressed the Board regarding a memorandum to the Board, from himself, acting as Chairman of the Communications Committee, regarding a recommendation for consulting services, to perform a comparative analysis of the two 9-l-l proposals, which have been presented to the Communications Committee.
The Board was informed that proposals have been received from United Telephone of Florida (UTF) and General Telephone & Electronics Communications Corporation (GTE). Both offer 9-l-l services using a different approach, at a substantial difference in recurring costs and features. Both require extensive County involvement in establishing a data base.
Two consulting firms have expressed an interest in performing a comparative analysis, as follows: Stottler Stagg (Cape Canaveral) with a quote of $4,650.00; and Russell & Axon (Daytona Beach), with a quote of $13,020.00. Mr. Watkins requested permission to negotiate a contract.
Mr. Joe Stephany, Director of Emergency Management, appeared before the Board to discuss the rates and costs.
Mr. Chris Ford, County Attorney, discussed the computer system and liability involved.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized the Clerk to work with the Committee, to negotiate a contract with Stottler Stagg (Cape Canaveral).
COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS
Mr. Larry Filson, Urban Cable Communications, Inc. of Florida, appeared before the Board to request a cable franchise in Lake County. He stated that the areas involved would be from the Lake County-Polk County line, north on Highway 27 approximately four miles, and north of Clermont, just south of the Leesburg City limits, Astatula, Ferndale, and Montverde.
Mr. Filson discussed the standard agreement that Lake County has in effect, and requested an extension of the 90 days, to obtain the pole permits, for a total of 120 days. He stated that he also felt that the bond of $25,000.00 seemed to be excessive, in todays market.
Mr. Filson stated that he would allow a stipulation in the contract indicating that, should the construction not be completed within an eighteen month period, the contract would be voided.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board granted the non-exclusive cable franchise agreement, as amended, to allow 150 days to obtain the necessary permits.
COUNTY ADMINISTRATOR'S AGENDA
BIDS/COUNTY PROPERTY/MUNICIPALITIES
Mr. Michael C. Willett, County Administrator, discussed with the Board the request to proceed with the sale of the Old Umatilla Maintenance Barn on Mary Street. He stated that he would prefer to have sealed bids.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board granted permission to advertise for sale, at the request of the County Administrator, the following described property, for not less than $30,000.00, by sealed bids: Lots 13 through 20, Block D, Collins Subdivision, Plat Book 4, Page 22, Lake County, Florida
ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase one desk, at an estimated cost of $300.00, and one Digital VT100 terminal, at a cost of $350.00.
ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to reimburse Kathy McDonald $95.00, upon successful completion of American Management Association's "How to Manage Paperwork" course.
APPRAISALS/CLAY PITS
Mr. Michael C. Willett, County Administrator, discussed with the Board the sale of the Sampy Road Clay Pit. He stated that two appraisals had been received; one in the amount of $27,800.00, and one in the amount of $3,200.00.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to advertise for sale the Sampy Road Clay Pit, for a minimum amount of $20,000.00.
APPRAISALS/DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
CONTRACTS, LEASES & AGREEMENTS
Discussion occurred regarding a request from Earle W. Peterson, Jr., Attorney for Joe and Patricia Frazier, for the County to quit-claim to the Fraziers, the right-of-way which was dedicated to the County in 1952.
Mr. Chris Ford, County Attorney, stated that he felt an appraisal would be needed and suggested continuation of this request.
Action was postponed at this time.
CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY
Mr. Will Davis, Lake County Water Authority, appeared before the Board to discuss a contract amendment between the Department of Natural Resources and the Lake County Board of County Commissioners, to increase APC funds allocated to Lake County, in the amount of $486,440.00.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the contract amendment, as requested by Mr. Davis.
REPORTS/WATER AUTHORITY
Mr. Will Davis, Lake County Water Authority, appeared before the Board to discuss the Annual Aquatic Plant Control Activities Report for FY 1985-1986.
Mr. Davis stated that the September sonar treatments, designed for trying to control the expanding growth of hydrilla in Lake Harris, contributed to ninety-five (95) percent of the total program costs this year. During the past year, the increasing growth of hydrilla in Lake Harris has continued to spread, from its estimated 200 acres, to almost 1,200 acres. The actual acreage treated during the past year has increased, from a total of 266 acres in 1985, to 840 acres in 1986, representing a 316 percent increase.
Mr. Davis discussed the treatments and herbicides being used at this point of time.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase two Uniden portable radios, with charger and carrying case, at a cost of $1,270.00, to be assigned to the Sun Lake Volunteer Fire Department and the Paisley Fire District.
ACCOUNTS ALLOWED/MOSQUITO-AQUATIC WEED CONTROL
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Eric Cotsenmoyer and Robert Rinehart to attend the 58th Annual Meeting of the Florida Anti-Mosquito Association, in Palm Beach, from May 31, 1987, to June 3, 1987, at an estimated total cost of $498.00.
ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS
Action was postponed on the request from the Medical Examiner, to purchase security door locking mechanism for the morgue door, at an approximate cost of $800.00.
ACCOUNTS ALLOWED/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Final Plat of Crooked Lake Terrace, and accepted an Irrevocable Letter of Credit, in the amount of $91,725.00, for performance.
ACCOUNTS ALLOWED/SUBDIVISIONS/RESOLUTIONS/ROADS-COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the Final Plat of Sunset Village Subdivision; accepted an Irrevocable Letter of Credit, in the amount of $6,059.40, for maintenance; and accepted the following roads into the County Maintenance System: Shadow Hill Drive (l-6508A) and Arbor Ridge Boulevard (l-65088).
COMMITTEES/JAILS
Mr. Brisbane Brown, Professor and Director of the School of Building Construction, University of Florida, appeared before the Board to discuss the construction manager concept and the advantages and disadvantages of this process. He compared the traditional contracting mode, as opposed to the contractor manager mode. At this time he distributed Appendix A, Function of the Construction Manager During the Planning & Design Phases, and Appendix B, Function of the Construction Manager During the Construction Phase, for the Board's review.
Discussion occurred regarding said presentation by Prof. Brisbane, including questions involving competitive negotiation versus bidding; clarification of reimbursements; bonding; and requirements for certified general contractors, in relation to being a construction manager.
Prof. Brisbane stated that he would furnish, in his letter to Commr. Windram, information relating to hidden and additional costs in the contract, and copies of different Contractor Manager (CM) contracts (AGC and AIA), for review and consideration.
Mr. Herb Koopman, representing the architectural firm being interviewed by the Jail Task Committee, was present for this discussion.
COMMISSIONERS
At 11:45 a.m. Commr. Windram turned the Chairmanship over to Commr. Burhans.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
APPOINTMENTS-RESIGNATIONS/ZONING
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to reappoint Carl Ludecke, William Rauch, Edward Bergman, Matthew Rice and Herbert Stenger to the Board of Zoning Appeals, for three year terms, to expire April 30, 1990.
Commr. Windram was not present for the vote.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the following mobile home bond requests:
Renewal
Harriet Roitman - Mt. Plymouth Area - District #4
Cancellations
Stephen Richards - S. Clermont Area - District #3
Curtis E. Wicks - Villa City Area - District #2
Commr. Windram and Commr. Deems were not present for the vote.
ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS
On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request from the Medical Examiner, to purchase two Stryker 810 Bone Saws, for the morgue, at an approximate cost of $532.00.
Commr. Windram was not present for the vote.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request for Mike Roberts to attend a Wetlands Classification Training Course, in Clearwater Beach, on May 4-8, 1987, at an estimated cost of $550.00.
Commr. Windram was not present for the vote.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the request to purchase an IBM Wheelwriter #5 typewriter, at a State Contract cost of $741.00.
Commr. Windram was not present for the vote.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the request to accept the following deeds:
Right-of-Way Easements
Charles W./Mattie T. Shepherd #2-3611 Howard Road
Norman C./Betty S. Cummins #2-3611 Howard Road
Wm. M./Mary Dannelly #2-3611 Howard Road
Right-of-Way Deeds
John D. McLeod #2-3611 Howard Road
Michael N./Antonia G. Gonatos #2-3611 Howard Road
Wm./Nancy Hartsock #l-6611 Eagle's Nest Road
Caesar Giglio #l-7906 Smitty Road
Non-Exclusive Easement
Trinity Evangelical Free Church #4-5371 Abrams Rd.
Drainage Easements
Wm./Nancy Hartsock #l-6611 Eagle's Nest Road
Lakewood Development, Plantation
of Leesburg #l-7906 Smitty Road
Commr. Windram was not present for the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
Mr. Michael C. Willett, County Administrator, informed the Board that the Forest Service is now requiring the County to pay $267.00 an acre, to clear the clay pit that the County had contracted, in exchange for maintaining seven roads.
Commr. Burhans discussed the contract regarding this matter.
Mr. Ben Benedum, Director of Public Works, addressed the Board and stated that the request involved three and one-half acres, at a cost of $935.90, for the clearance.
Mr. Jim Stivender, Engineer, addressed the Board and stated that the letters received from the Forestry Service are indicating different intentions, as far as the clearing of the banks.
Mr. Chris Ford, County Attorney, stated that the agreement with Astor dedicates the property for public use.
The Board directed Commr. Burhans to continue to work out the problems indicated.
COMMISSIONERS/ELECTIONS
Mr. Chris Ford, County Attorney, distributed to the Board a memorandum regarding single member districts and redistricting for review.
RECESS & REASSEMBLY
At 12:00 noon the Board recessed for lunch and reconvened at 2:00 p.m. for rezoning.
ZONING
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following postponements:
#42-87-2 Joseph E. Holland May 12, 1987
CUP #86/8/4-3A Al Besade, Jr. May 12, 1987
#23-87-4 George Cota May 5, 1987
#26-87-5 Seltzer Treasure Island Corp. May 12, 1987
#32-87-4 Florida Twin Market May 12, 1987
PUBLIC HEARING #16-87-2 James B. Tyre, M. Gene Baugh and
W. Glenn Tyre
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RE (Rural Estates).
Commr. Deems declared a conflict of interest, due to being an adjoining property owner, and abstained from voting.
PUBLIC HEARING #22-87-3 Charles Bradshaw c/o Hi-Acres
Services
No one present wished to discuss this 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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), for a main office and truck equipment maintenance complex.
PUBLIC HEARING #10-87-3 Charlotte Rotenberg
Commr. Smoak made a motion, which was seconded by Commr. Carson, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from RR (Rural Residential) to CP (Planned Commercial).
Mr. Tom Dougherty, Attorney representing Mrs. Rotenberg, appeared before the Board to request reconsideration of the recommendation for CP, and approval of C-l zoning. Mr. Dougherty discussed the County initiating a grant of land, for a right-of-way through the petitioner's property, which was approved, and the flexibility allowed in a C-l zoning.
Commr. Smoak stated that he concurred with the staff's recommendation for a CP zoning, due to the Anderson Hill Road and access to Highway 27.
The Chairman called for a vote on the motion, which the Board approved and upheld the recommendation of the Planning and Zoning Commission for rezoning from RR (Rural Residential) to CP (Planned Commercial), for a professional office and retail sales.
PUBLIC HEARING #43-87-5 Brice M. & Kimberly Porter
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential).
PUBLIC HEARING #49-87-5 Farley's S.R.P. Inc.
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to MP (Planned Industrial), to expand an existing automobile salvage yard.
Commr. Burhans stated that the denial of the request will not correct the problem, and requested that the tavern be reported to the Code Enforcement Board.
PUBLIC HEARING CUP #87/3/3-5 Fred C. Hunter
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for controlled fox hunting.
PUBLIC HEARING #51-87-5 Wayne Harris & Barbara Webb
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 R-l-5 (Mobile or Mixed Residential) to CP (Planned Commercial), as amended.
PUBLIC HEARING CUP #86/6/l-4A Cecil E. Murphy
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in AR (Agricultural Residential), for greenhouses.
PUBLIC HEARING #44-87-4 Herston Brown
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to ER (Estate Residential).
PUBLIC HEARING #30-87-4 Edgar & Natalie Huebschman
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RP (Multiple-Family Residential-Professional).
PUBLIC HEARING #48-87-4 Shamrock Development Corp.
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 C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for professional offices, mini warehouses, retail sales and services.
PUBLIC HEARING CUP #87/3/2-3 Arwood Hollins
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 M-l (Heavy Industrial), for a mobile home as a caretaker's residence.
PUBLIC HEARING #39-87-3 Joe A. Summerall
No one present wished to discuss this 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 and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #41-87-3 Edward R. Jelsma
No one present wished to discuss this 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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential).
PUBLIC HEARING #50-87-3 M. R. Johnson
No one present wished to discuss this 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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District) for a golf course.
PUBLIC HEARING #37-07-4 Omer A. Schrock
No one present wished to discuss this request with the Board.
Mr. David Clapsaddle, Planning Department, informed the Board of an access problem at the site that will need to be addressed, at the time of the site plan approval.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RP (Multiple-Family Residential-Professional) to C-2 (Community Commercial).
PUBLIC HEARING #33-87-2 Paul E. Ross
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from K-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).
PUBLIC HEARING #35-87-2 Milan Bakich
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential1 to C-2 (Community Commercial).
PUBLIC HEARING #45-87-l Leonard Desmond
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to RR (Rural Residential).
PUBLIC HEARING CUP #87/2/6-l Leonard Desmond
No one present wished to dicuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in RR (Rural Residential), for a home occupation for a beauty salon.
PUBLIC HEARING #31-87-l Erma, Timothy & Linda C. Smith
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential).
PUBLIC HEARING #36-87-1 Santo Scopilliti
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RA (Ranchette District) to AR (Agricultural Residential).
PUBLIC HEARING CUP #288A-1 James Logan
No one present appeared in opposition of this request.
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that this request was for an extension of the present clay pit. At this time he requested modifications of the CUP to include the following: (1) allow mining of the fourteen acres as one site: (2) alter the hours from 7:00 a.m. to 5:00 p.m.: (3) and having the option of maintaining citrus in the buffer, should citrus continue to be viable.
Mr. Jim Logan, applicant, appeared before the Board to discuss the usage of his sand and clay mining.
Commr. Smoak stated for the record that he has beneficial interest in clay and sand extraction for sale, and having an interest in a pulp mill operation, which is a soil cement plant, questioned Mr. Chris Ford, County Attorney, whether he should abstain from voting on this matter and other related cases.
At this time Mr. Ford stated that he did not feel Commr. Smoak had a conflict.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP #288-l to include additional land for a sand and clay mining operation, and also to include the amendments presented by Mr. Richey.
Commr. Deems and Commr. Carson abstained from voting, due to being members on the Board of Directors for Sun Bank.
PUBLIC HEARING CUP #87/3/1-l Carl & Rusty White
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for home occupation for wholesale birdseed, as amended.
PUBLIC HEARING #34-87-2 John T. Snow
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to A (Agricultural).
Commr. Burhans was not present for the vote.
PUBLIC HEARING #18-85-2A Harry K. Kim
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a one year extension of the preliminary development plan, PUD #14-85.
Commr . Burhans was not present for the vote.
PUBLIC HEARING #29-87-3 Franklin D. Logenbach
No one present wished to discuss this request with the Board.
Commr. Smoak made a motion, which was seconded by Commr. Burhans, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial).
Commr. Smoak discussed conditioning this rezoning with the development of the Vista Subdivision.
At this time Commr. Smoak withdrew his motion, and Commr. Burhans withdrew his second.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to postpone this request for rezoning until May 12, 1987, at 2:00 p.m., or as soon thereafter as possible, allowing the staff time to gather additional information regarding the connection between this property and the other development known as the Vista Subdivision.
PUBLIC HEARING #40-87-2 Richard H. Langley
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential).
PUBLIC HEARING #47-87-2 Pierre and Denise Grimm
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) + CUP #778-2 to PUD (Planned Unit Development).
PUBLIC HEARING #28-87-2 Frederick K. Sowders
No one present wished to discuss this request with the Board.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to RR (Rural Residential).
PUBLIC HEARING #27-87-3 John Land, Jr.
No one present wished to discuss this 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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential).
COUNTY POLICY/ZONING
The Board discussed the County's procedures for scheduling of rezoning requests to be presented to the Board of County Commissioners. Controversial cases and first time postponements were discussed, as to the placement on the agenda, with different suggestions being made to the Planning Department staff.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for reimbursement of monies, in the amount of $1,012.00, for expenses incurred, for in-service training and Law Enforcement Handbooks, pursuant to Florida Statute 943.25 (8)A, Lake County Ordinance 1982-1.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for an appropriation of $1,024.00, from the Law Enforcement Trust Fund, for the purchase of a videocopy processor and paper.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
(CONT'D.)
Commr. Burhans informed the Board of a contract, from the Forestry Service, stating that the County will pay for the timber on the three and one-half acres previously discussed.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of approximately $1,000.00, for reasons discussed previously in the Board meeting.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
APPRAISALS/CONTRACTS, LEASES & AGREEMENTS/DEEDS/RIGHT-OF-WAYS,
ROADS & EASEMENTS (CONT'D.)
Mr. Chris Ford, County Attorney, informed the Board of the legalities in the contract, regarding the request for the County to quit-claim to the Fraziers a right-of-way, which was dedicated to the County in 1952.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Earle W. Peterson, Jr., Attorney for Joe and Patricia Frazier, for the County to quit-claim to the Frazier-s a right-of-way, which was dedicated to the County in 1952, on the advice of the County Attorney.
LAWS & LEGISLATION
Mr. Chris Ford, County Attorney, reported to the Board information regarding a lobbyist to represent the Board and Lake county. He presented the following names to the Board for consideration: (1) Wilson Wright; (2) Fred Baggett; (3) Jack Schelding; (4) Barry Hornbine; (5) Phil Blank. He stated that the approximate cost would be $lO,OOO.OO - $25,000.00.
Mr. Ford recommended hiring a lobbyist, and requested additional time to research information and quotes to submit to the Board next Tuesday, for affirmative action.
COMMITTEES/JAILS
Mr. Chris Ford, County Attorney, requested direction from the Board, regarding the pursuance of a construction manager, so that he can inform the Building Committee and Jail Task Force Committee.
Mr. Ford informed the Board that the County had agreed to go with the Lake County Jail Study submitted by Reynolds, Smith & Hills, dated January 3, 1985, with updated changes.
Mr. James C. Watkins, Clerk, stated that the Jail Task Force Committee is in the process of interviewing an architect for the construction of the new jail facility.
The Board requested updated information to be submitted to each Commissioner, for review, regarding the Jail Study.
COUNTY ADMINISTRATOR/ORDINANCES
Commr. Smoak informed the Board that Pat Leonard will be making a presentation on the proposed Tree Ordinance next Tuesday, at 10:00 a.m., at the regular scheduled Board meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:25 p.m.
THOMAS J. WINDRAM, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/4-16-87