The Lake County Board of County Commissioners met in regular session on Tuesday, July 18, 1989, 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: Michael J. Bakich, Vice-Chairman; Thomas J. Windram (not present for the afternoon session); Richard Swartz; and Don Bailey. Others present were : Christopher C. Ford, County Attorney; William A. Stearn, Assistant County Attorney; James C. Watkins, Clerk and Acting County Manager; Ava Kronz, County Manager's Assistant: Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
COMMISSIONERS
Commr. Bakich noted that he would be chairing the meeting, due to Commr. Gregg being out of town.
MINUTES
Commr. Bailey requested that certain comments regarding the Federal prison issue concerning the payment of the land by the Federal Bureau of Prisons and the infrastructure, on Page 7, of the July 11, 1989 Minutes be included in said Minutes.
Commr. Swartz noted that Mr. Watkins was not present at the July 5, 1989 meeting as stated in the Minutes of that date.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of July 5, 1989 and July 11, 1989, as corrected.
COUNTY EMPLOYEES/PERSONNEL
Commr. Bakich presented the Employee of the Month Award for June, 1989, to Ms. Lillian Helbig, an employee in the Personnel Department, consisting of a plaque, a savings bond, and a designated parking space.
CONSTITUTIONAL OFFICERS
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and.-. carried unanimously, the Board approved the following:
Accounts Allowed/Indigents
Payment of Warrant No. 96245 through Warrant No. 96692 for the following accounts:
County Transportation Trust Paisley Fire District
Countywide Fire District Fine & Forfeiture
Bassville Fire District Landfills
General Revenue Mosquito Control
Mt. Plymouth Fire District Northwest Fire District
Countywide Library South Lake Fire District
Pasco Fire District Section 8
Emergency 911 Fund Private Industry Council
Aquatic Weed Special Assessments
Eustis Section 8 Capital Outlay
Self Insurers Fund Road Impact
Law Library Northeast Hospital
Northeast Ambulance Northwest Ambulance
Payment of the following indigents:
Farmers Home Administration for Dorothy Mullett - $50.00 -District #l
John Mixe for Jim Johnson - $50.00 - District #4
Charles Stewart for Maynard Brewer - $50.00 - District #5
Accounts Allowed/Assessments/Subdivisions
Request to approve the following Satisfaction of Assessment Liens, and authorized proper signatures on same:
Hilltop Sorrento Subdivision
Dale & Mary Kathryn Dooley $1,763.62
Pine Island Shores
Lawrence E. & Marlene Ogle, Jr. $ 618.52
Mt. Plymouth
Thomas H. Johnson, III $ -0-
Jeffrey R. Morgan 401.06
Roy L. Merkling 489.45
George S. Gordon, individually and as
personal representative of the estate
of Donald F. Rubin 502.30
Timothy W. & Tamara Hamlin 469.58
Timothy W. & Tamara Hamlin 469.58
Harold T. East & Evelyn A. Weiscerber 1,520.11
Merle D. Wieland 1,445.52
Jerry F. Svoboda 500.40
Jerry F. Svoboda 500.40
Mark P. Johnson 497.44
Thomas H. Johnson, III 552.55
Thomas H. Johnson, III 552.55
E. J. Miller 502.35
E. J. Miller 502.35
Oliver Frank & Beverly G. Morris 503.11
William J. & Laura F. Susewitt 502.35
William J. & Laura F. Susewitt 502.35
Jerry F. Svoboda 505.45
Jeffrey R. Morgan 853.54
South Corley Island
Mary L. Beers & Lonnie L. & Loren Liston,
heirs of Louise P. Liston $ 352.51
Astor Forest Campsites
Charles & Betty Dezee $1,717.88
Marjorie C. & Kurno McMinn 1,722.44
Phillip D. & Margare Deere 1,679.70
Charles W. & Betty Hamrick 1,679.70
Raybob Plumbing Co., Inc. 1,099.44
Leonard ti Alma Durrance 1,752.97
W. H. & Christine Inman 1,863.61
Lake County A Political -0-
Richard G. & Hildegard A. McCarthy 1,161.75
Richard G. & Hildegard A. McCarthy 1,161.75
Anthony Joseph Pugliese 1,539.06
Thomas M. & Beverly N. Martindale 1,954.0l
Country Club View Subdivision
Silver Lake Golf & Country $1,069.44
Joleen Estates Subdivision
Harry E. & Cynthia A. Young $ 846.60
Lake View Heights
Done11 & Patricia Drawdy $ 783.63
Verely R. & Janie Hayton 402.27
John J. Kolody 406.35
Hilltop Subdivision
Oscar A. & Alice A. Desgalier $1,030.90
Silver Lake Park
Edward W. & Donna V. Gates $ 380.50
Edward W. & Donna V. Gates 380.50
Edward W. & Donna V. Gates 380.50
Edward W. & Donna V. Gates 380.50
Florida Fruitland Park Tropical Homesites
Leland E. Van Alstine $ 905.71
COUNTY MANAGER CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Public Health
Request for the authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $26,199.62, and Medicaid Hospital bill, in the amount of $46,578.49.
Bids/Education/Emergency Management
Commr. Windram questioned Tab 7, regarding the request from Emergency Management to utilize the Lake County School Board's bid with Master Communications for the purchase of 22 alert radio receivers, with Mr. Lonnie Strickland, Director of Health and General Services, responding that they are warning radios that can broadcast from a central location for severe weather warnings and disasters.
Request from Emergency Management to utilize the Lake County School Board's bid with Master Communications for the purchase of 22 alert radio receivers.
Bonds - Mobile Home
Request for Robert Shockley, Altoona Area, District #5, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.
Accounts Allowed/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $16,271.00, for maintenance, in Montverde Hills Subdivision.
Accounts Allowed/Subdivisions
Request to release a check, in the amount of $5,720.00, for performance of common driveways, in Seybold on Cherry Lake Subdivision.
Accounts Allowed/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $3,100.00, for maintenance, in Century Estates.
Accounts Allowed/Bonds/Contracts, Leases & Agreements
Subdivisions
Request for final approval of Summit Chase Villas, Phase I, Amended; acceptance of an Irrevocable Letter of Credit, in the amount of $2,500.00, for performance; acceptance of a Developer's Cash Completion Bond: and to accept and execute an Escrow Agreement.
Road Closings - Permission to Advertise
Request to advertise Road Vacation Petition No. 551, from Arnold T. or Pearl M. Jackson, to vacate an easement in Jackson's River Country Estates, in the Lisbon Area.
Road Closings - Permission to Advertise
Request to advertise Road Vacation Petition No. 552, from James K. or Dorothy C. Best, to vacate road and boathouse lots, in the Lake Jem Villa Subdivision and the Lake Jem Villa Properties Subdivision.
Road Closings - Permission to_ Advertise
Request to advertise Road Vacation Petition No. 553, from Jimmy or Verlene Wallace, to vacate a road, parts of Second Street, between blocks, in Okahumpka, Florida.
Accounts Allowed/Road Projects
Request for the first and final payment for Project #6-89, C-468 Railroad Crossing, to Rix Construction Co., in the amount of $13,765.00.
Accounts Allowed/Road Projects
Request for payment #l, for Project #4-89, Merry Road, to Rix Construction Co., in the amount of $56,566.00.
Accounts Allowed/Road Projects
Request for payment #6, for Project #6-88, C-473 Widening and Resurfacing, to Trac Roadbuilders, in the amount of $55,383.03.
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following right-of-way deed:
Demetree Builders, Inc.,
a Florida Corporation #l-4733 Skinner Avenue
Rt-of-Ways, Roads & Easements
Request to accept the following Drainage Easement:
Jerry N. Belitz & Antoinette
L. Belitz #4-5069 E. Crooked Lake Dr.
Deeds/Roads-County & State/Subdivisions
Request to release the following Murphy Act Deed reservations:
#145 Release all reservations Carlton Village
Subdivision - Joseph
C. Fontenot
#2746 Reserve 33 feet from N. Eichelberger Rd.
centerline #3-3342
Reserve 33 feet from Lane Park Rd. #3-3637 -
centerline John R. Prickett, Jr.
Ordinances/Planning & Development
Request for approval to advertise the proposed ordinance to amend Ordinance 1985-5, creating the Indian Lakes Municipal Service Taxing Unit.
COUNTY MANAGER DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/EMERGENCY MANAGEMENT
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request from Emergency Management, for approval and signatures on the mutual aid agreements with Marion and Osceola Counties. He stated that the agreements have been approved by the surrounding counties, and Lake County's County Attorney.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Emergency Management for approval and signatures on the mutual aid agreements with Marion and Osceola Counties.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
ROADS-COUNTY & STATE
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to draw up an agreement for intersection improvements, at State Road 19/Central Avenue, in Howey-in-the-Hills (Silver Springs Citrus). He stated that the county has been participating with Silver Springs Citrus, Howey-in-the-Hills, and the Florida Department of Transportation in order to reach an agreement concerning this intersection which is heavily used by Silver Springs Citrus trucks.
Mr. Swanson noted that, the county is proposing to improve the intersection, utilizing the funds paid by Silver Springs Citrus. At a later date credit would be given to their impact fees, at the current rate of collection, due to those stated improvements.
Commr. Windram stated that he was concerned with the city moving the trucks to another street in Howey-in-the-Hills then requesting improvements be made to that street also.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to draw up an agreement for intersection improvements at State Road 19/Central Avenue, in Howey-in-the-Hills (Silver Springs Citrus), and that the prepayment of highway impact fees will be credited against future impact fees.
ACCOUNTS ALLOWED/JAILS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for D. B. Young & Associates, Inc., to prepare a Jail Roof Proposal, at a cost of $4,230.00, to be paid from Federal Revenue Sharing Detention Corrections funds. He stated that this request stems from past problems with the roof of the current Jail. This proposal will include the development of bid documents, plans, specs, details and bidding conditions, conducting a pre-bid conference with bidders, issuing bid documents, preparing addendums, and conducting a pre-award conference with the low bidder.
Mr. James C. Watkins, Clerk and Acting County Manager, noted that these roof problems are aggravating the asbestos situation in the Jail.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for D. B. Young & Associates, Inc., to prepare a Jail Roof Proposal, at a cost of $4,230.00, to be paid from Federal Revenue Sharing Detention Corrections funds.
COUNTY ATTORNEY MATTERS
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS/E911
Mr. Christopher C. Ford, County Attorney, stated that himself; Mr. Lonnie Strickland, Director of Health and General Services: Mr. Bruce Thorburn, E911 Director; and Mrs. Kathy McDonald, Special Projects Coordinator met with the Division of Communications, in Tallahassee to discuss problems stemming from the fifty cents surcharge that the county receives for the E911 service. He stated that if the contract with GTE was made into a lease (with GTE or another leasing company), and those costs were recurring costs over a three year period, those costs could be included in the calculations to assess the fifty cents. If the county does convert, the county would recapture approximately $350,000.00, by making the conversion to accommodate the Division of Communications. The conversion would cost approximately $100,000.00, but could save over $150,000.00 during a three year period.
Mr. Ford indicated other problems with the Division of Communications but those should be resolved, such as the concerns regarding salaries.
Mr. Ford stated that he would suggest that the Board approve the conversion to a lease, if it saves substantial sums of money for the county.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the county staff to negotiate with GTE and the County Attorney, to draw up an agreement to recoup the fifty cents surcharge.
COMMISSIONER BUSINESS
CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT
Commr. Bakich, Vice-Chairman, suggested postponing the request for the approval of the Neighborhood Crime Watch Agreement until Commr. Gregg returned.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the approval of the Neighborhood Crime Watch Agreement.
LAWS & LEGISLATION/RESOLUTIONS
Commr. Swartz stated that there have been several letters from the cities requesting the Board to join with them in asking the Legislative Delegation to consider enactment of the Florida Sunshine Law to apply equally to State and Local Governments.
Commr. Bakich stated that he feels the present Sunshine Law needs to be updated, and was concerned with the practicality of the law on the State level.
Commr. Windram noted that the way the law is defined is where most of the problems exist.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a Resolution to be sent to members of the Lake County Legislative Delegation regarding enactment of the Florida Sunshine Law to apply equally to State and Local Governments.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 548 - Joseph S. Fosgate - Clermont Area
Mr. Jim Stivender, Director of Public Works, noted that some of the border roads which were included in the original request were deleted from the request, as it is presented today, because of complaints by the adjacent property owners.
Mr. Graham White, Attorney representing the petitioner, appeared before the Board to discuss the request to vacate tracts and right-of-ways, in the Plat of Lake Highlands Co., in the Clermont area.
Several persons in the audience, who were in opposition to the original request, reviewed with the Board the tracts and right-of-ways which are being vacated. After that review, those persons were in agreement to the request.
It was noted that the proper proof of publication was on hand as it appeared in the June 29, 1989, and July 6, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate tracts and right-of-ways, including the changes as presented by the Public Works Department, in the Plat of Lake Highlands Co., in the Clermont area, as advertised in Petition No. 548, by Joseph S. Fosgate.
Petition No. 550 - Robert Foget - Tavares Area
No one present in the audience wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the June 29, 1989, and July 6, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate Pershing Road and an unnamed road, in Section 14, Township 19, Range 25, in the Tavares area, by Robert Foget.
COMMISSIONER'S BUSINESS (CONT'D.)
APPRAISALS/ENVIRONMENTAL SERVICES/AGENCIES
Commr. Bakich brought to the attention of the Board that he has been communicating with the Department of Natural Resources (DNR) regarding that department cancelling the appraisal process of the Seminole Woods property. He stated that DNR is requesting the Board to prepare a resolution requesting them to continue with the appraisal process.
Mr. Christopher C. Ford, County Attorney, noted that there is a signed executed contract and a closing date set for the purchase of the property. He recommended to the Board that they hire an appraiser, such as Mr. Fred Kurras, M.A.I., at an approximate cost of $lO-12,000.00, to appraise the property in order to determine its value. He stated that the State could still acquire the property through eminent domain, even though someone intends to buy it.
Mr. Ford recommended that the Board prepare a resolution requesting DNR to continue with the appraisal process.
Commr. Bailey questioned whether a letter to Lake County's Legislative Delegation requesting assistance from them would also be in order, to which Mr. Ford responded that sending them a copy of the resolution would be sufficient.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to prepare a resolution requesting the Department of Natural Resources to continue with the appraisal process of the Seminole Woods property.
Commr. Bailey noted that the Nature Conservancy and the St. Johns River Water Management District had indicated that they would like to help with the appraisal. Mr. Ford stated that he had talked with those agencies and they are very interested in seeing that this appraisal be continued.
COUNTY EMPLOYEES/ENVIRONMENTAL SERVICES
Commr. Bakich brought to the attention of the Board a letter of resignation which had been received from Mr. Don Findell, Director of Environmental Services, to become effective July 30, 1989.
Commr. Bakich indicated that he would like to direct staff to seek bids for professional hiring services to fill the vacancy, in an amount not to exceed $9,000.00, to be obtained from the Salary Account of the Environmental Services Department.
Commr. Swartz stated that he felt that the Board should fill the vacancy through the normal hiring procedures.
Commr. Bakich felt that because of the nature of the Environmental Services Department, the head of that department, is such that the county would like the most highly qualified candidate for the position.
Commr. Swartz indicated that he does not feel like the county should utilize a head hunter for all of the county's positions, with the exception of the County Manager and County Attorney positions, because of the nature of the position and the situation. The normal process of advertising and interviewing should be sufficient, and that by the time candidates are available for interviewing, the new County Manager should be on board and could assist in the selection of that position.
Mr. James C. Watkins, Clerk and Acting County Manager, stated that he would like to have an opportunity to talk with Mr. Findell and assess his feelings on the position and the resignation, and come back to the Board with a recommendation before the Board accepts the resignation.
Commr. Bailey stated that he would also like the opportunity to talk with Mr. Findell..No action was taken at this time.
LAWS & LEGISLATION/ORDINANCES/PUBLIC HEALTH/ZONING
Mr. Stephen Vaughn, Realtor, appeared before the Board to discuss a problem with septic tank permits for industrial sites and the ordinance dealing with such. He stated that he had tried to get approval from the Zoning Department for the certification of a lot which was M-l, but was told that no longer will the county allow industrial parks or plants unless there is a central sewer system.
Mr. Vaughn distributed to the Board a copy of the Bill which he quoted from.
Mr. Vaughn stated that this Bill puts many industrial parks out of business, because many have no central sewer system. Several of these businesses have no toxic waste within their operation, but cannot be issued a permit.
Mr. Vaughn informed the Board that in talking with Mr. Bennie Jones, Environmental Health, that as the Bill is interpreted, he cannot legally issue any health permits.
Mr. Vaughn indicated that there is a loophole in the Bill, stating that, on or after the sewer system or septic tank is built, there must be a permit for annual inspection.
Mr. James C. Watkins, Clerk and Acting County Manager, stated that perhaps this problem could be addressed by the Florida Legislature in its next session.
Mr. Christopher C. Ford, County Attorney, stated that the Health Department could provide an interpretation which would address the Bill in terms of package plants, consisting of septic tanks with one or two bathrooms, or possibly a master septic tank on one site with other buildings connected to it. The interpretation should be followed through with the various officials which enforce the Bill.
Commr. Swartz stated that he interprets the Bill as applying to businesses that are within a quarter of a mile to a publicly owned sewage treatment plant. Then, the business must connect with that plant, If they are not within that distance then they do not.
Mr. Don Findell, Director of Environmental Services, stated that the Health Department has the flexibility to interpret the Bill as they see fit, be it more or less restrictive.
Commr. Bailey felt that if the County Attorney would negotiate with the Delegation, and have the Delegation work with the Department of Health and Rehabilitative Services, somehow this problem could be solved.
Mr. Findell recommended that the county contact Department of Health and Rehabilitative Services officials, in Tallahassee, have them render an interpretation, and follow it through on the county level.
RECESS & REASSEMBLY
At 10:00 a.m., Commr. Bakich, Vice-Chairman, announced that the Board would recess for lunch until 2:00 p.m for rezoning.
COMMUNICATIONS/RESOLUTIONS
Mr. Dan Gerber, Attorney representing Paramount Communications, Inc., appeared before the Board and stated that his client is currently involved in negotiations in a takeover of Time, Inc., which currently owns a cable franchise in Lake County. He further stated that they are requesting that a resolution be provided which would ensure that the cable services that are provided will maintain their uniformity throughout the transfer of power to Paramount Communications, Inc.
Mr. Bill Steam, Assistant County Attorney, informed the Board that this resolution is to ensure that Paramount Communications, Inc., has the same rights as Time, Inc. currently has, during acquisition.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution stating that Paramount Communications, Inc., meets Lake County's criteria for the operation of a cable franchise, during this acquisition.
ZONING
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following postponements and withdrawals:
Postponements
#125-89-5 Dino Aliberti 8/15/89
CUP#89/6/2-4 Norman Robbins 8/19/89
CUP#89/6/1-2 Frederick Armagost 8/19/89
CUP#89/5/4-4 Lloyd Lexius 8/15/89
#67-89-4 M. K. Citrus, Ltd. 8/15/89
#68-89-4 M. K. Citrus, Ltd. 8/15/89
#50-89-4 Leonard Wiener 8/15/89
#107-89-4 Phillip E. Rollins 8/15/89
#94-89-3 Highland Grove Partnership 8/15/89
#106-89-3 Robert Seidle 8/15/89
#96-89-4 Mark Carson/Ramapo Ranch 8/15/89
#97-89-4 Mark Carson/Bahata Fruit Co. 8/15/89
#98-89-4 Mark Carson/Canteen Foods 8/15/89
#99-89-4 Mark Carson/Bahata Fruit Co. 8/15/89
#l00-89-4 Mark Carson/Bahata Fruit Co. 8/15/89
CUP#89/5/5-4 Ernest Maddy, et al,
Mark Carson 8/15/89
#36-89-4 Freddie Richards 8/15/89
#83-89-4 Terry W. Edwards, Jr. 8/15/89
Withdrawal
CUP#89/6/6-4 Cole Whitaker
ZONING CONSENT AGENDA
Mr. Steve Richey, Attorney representing Case #118-89-2, Estate of Alma Reagan, appeared before the Board to amend the request by deleting five acres from the original 25 acres of the rezoning request.
No one present in the audience wished to discuss the requests with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Zoning Consent Agenda, including the amendment of Case #118-89-2, as follows:
#111-89-4 Sidney Williams Rezone A (Agricultural) to
R-l-5 (Mobile or Mixed
Residential).
CUP#89/6/5-4 Robert A. Bennett CUP in C-l (Rural or Tourist
Commercial) .
#l0l-89-3 Greg Homan & Ano. Rezone A (Agricultural) to
AR (Agricultural
Residential).
#114-89-2 Adam Soto Rezone A (Agricultural) to
RR (Rural Residential).
#103-89-2 Donald Sesker Rezone A (Agricultural) to
RA (Ranchette).
#104-89-2 Danny Sesker Rezone A (Agricultural) to
RA (Ranchette).
#118-89-2 A. Reagan (Estate) Rezone A (Agricultural) to
R-1-15 (Residential
Estates), as amended.
#102-89-l Emmett B. Peter Rezone RR (Rural
Residential) to ER (Estate
Residential).
#120-89-3 Tavares 1st Assembly Rezone A (Agricultural) to
of God/John Prickett PFD (Public Facilities
District) for church &
accessory school.
#117-89-4 Tri-City Baptist Revoke RP + CUP#916-4 and
Church, Inc. rezone from RP to PFD
(Public Facilities District)
for expansion of existing
church.
#123-89-2 Ben H. Botner Rezone A (Agricultural) to
RR (Rural Residential).
PUBLIC HEARING #112-89-5 A to C-2 Cullen Peters, Jr.
Mr. Sidney Cudebec, a resident on Fisherman's Road, in Paisley, appeared before the Board in objection to the request for rezoning. He stated that he, and the other residents he is representing, are opposed to the request because of the traffic problems already in existence in the area. He stated that he had earlier requested the county to provide two Post Office entrance signs, no passing zone signs, and double stripping on the road in the section of the road where this request is located, to help alleviate the problems.
Commr. Bakich informed Mr. Cudebec that the Public Works Department is currently working on fulfilling his request to in order to increase the safety in that area.
Mr. Gerald E. Johnson, a resident on Bass Road, and the Chairman of the Administration Board of the Paisley United Methodist Church, representing said church, appeared before the Board to state their objection to the request, because of the road hazards as previously stated and the large size of the building. He also stated that they do not want any noisy or unsightly businesses which would be detrimental to the church and the surrounding area.
Ms. Gail Mastack, a resident of Paisley, questioned the purpose of the CP (Planned Commercial) uses, as recommended by the Planning and Zoning Board, and whether the county investigates if the applicant has had any previous problems with Code Enforcement before granting a zoning request.
Mr. David Clapsaddle, Director of Development Coordination, responded by stating that the Zoning Department only reviews zoning cases in terms of land use and their compatibility with the county's Land Use Plan.
Commr. Bakich stated that he would like to include a decel and left turn lane for the entrance to the property to further reduce the traffic problems.
Commr. Swartz stated that he was concerned that the C-2 use is not appropriate in a rural setting and the size of the building is too large for that property.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A to CP with C-l (Rural or Tourist Commercial) uses, as amended, including a decel lane and left turn lane, to allow leaseable warehouse units.
Commr. Swartz voted "No".
PUBLIC HEARING #122-89-S A to C-l Nolan G. Dobbs
No one present in the audience wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Swartz 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), as amended, to allow commercial uses on the site (rental and sales of canoes, kayaks, small fishing boats, marine accessories, and firewood).
PUBLIC HEARING #132-88A-4 Amend CP Ord. #66-88 Max Sonntag
Mr. Max Sonntag, applicant, was present to discuss the request with the Board.
Mr. Donald Woodward, a resident of Mt. Plymouth, appeared before the Board to state his objection to the request for rezoning. He referred to an Ordinance that had been adopted, in 1929 for Mt. Plymouth, which states that only single family dwellings will be allowed.
Mr. Sonntag informed the Board that he is eventually planning on building a single family dwelling on the property, but that presently he is constructing greenhouses there and would like the mobile home for a caretaker to live in, in order to guard them, until such time as the single family dwelling is constructed.
Mr. David Clapsaddle, Director of Development Coordination, stated that, presently, there is no mixture of mobile homes and single family dwellings in the Mt. Plymouth area. This mobile home originally came to the Board as a mobile home bond to construct a residence on the property. This request is before the Board to clarify whether or not the mobile home can be there permanently as a caretaker's residence.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request to amend CP Ord. #66-88, to allow a mobile home on the site instead of the originally approved conventional single-family residence and greenhouses.
PUBLIC HEARING #115-89-4 RR to CP David Kellam
Mr. Alan Arthur, representing the petitioner, appeared before the Board to discuss the request. He stated that the CP zoning will give the petitioner flexibility for the design of the overall project.
On a motion by Commr. Bailey, seconded by Commr. Swartz 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 CP (Planned Commercial) with C-l (Rural or Tourist Commercial) uses only, to allow commercial uses on the site.
Commr. Swartz reminded Mr. Arthur that the Landscape Ordinance is now in effect, which was not present when the rezoning application was submitted.
PUBLIC HEARING #108-89-4 A to CP with C-l and C-2 uses
Kenneth P. Bird
Mr. Donald Woodward, a resident of Mt. Plymouth, appeared before the Board to state that he objects to encroachment of the residential quality within the area.
On a motion by Commr. Swartz, seconded by Commr. Bailey 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) with C-l (Rural or Tourist Commercial) uses, to allow commercial uses on the site.
PUBLIC HEARING #109-89-4 A to CP with C-l and C-2 uses
Clyde Johnson
Ms. Katherine Hanson, representing the petitioner, appeared before the Board to discuss the request. She stated that the property is one quarter of a mile from other presently zoned CP property, and that the CP zoning is for future commercial use.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, to allow commercial uses on the site.
PUBLIC HEARING #124-89-4 RR to PFD Jordan M. Iserman
Mr. Ken Burgess, representing the applicant, appeared before the Board to discuss the request. He stated that the property consists of an old gymnasium building which was constructed when the Old Florida Central Academy was in existence. Presently, it is being vandalized and misused and this rezoning would allow for renovation of the building to allow a community center. He also stated that there is ample parking land to be utilized.
Mr. Leonard Phillips, a landowner in Mt. Plymouth, appeared before the Board to state his objections to the rezoning request. He briefly entertained the Board with the history of Mt. Plymouth and the Florida Central Academy.
Mr. Doug Kerr, representing the Mt. Plymouth Landowner's League, appeared before the Board to state the League's objections to the rezoning. He stated that there is not enough space for ample parking, it should not be in a residential neighborhood, it does not have any sewer or water system, it does not meet safety codes, and the noise would be unacceptable to the residents.
Mr. Tom Hampton, owner of the adjoining Mt. Plymouth Golf Course, appeared before the Board to state his objections to the rezoning.
Mr. Jack Roberts, a resident of Mt. Plymouth, appeared before the Board to state his objections to the rezoning. He felt that if this request is approved, it would open the door to more commercial property in the area.
Mr. Ken Facemire, who owns property in the area, appeared before the Board to object to the rezoning request.
Mr. Ken Burgess, representing the applicant, appeared before the Board to rebutt the previous objections to the rezoning request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), to allow a community center with a custodian.
RECESS & REASSEMBLY
At 3:12 p.m. the Vice-Chairman announced that the Board would take a five minute recess.
PUBLIC HEARING #llO-89-4 Revocation of A + CUP#337-4, A, C-l &
R-l-7 to C-l or CP Richard L. Pounds
Ms. Katherine Hanson, representing the applicant, appeared before the Board to discuss the request for rezoning with the Board. She stated that this request is to bring the remainder of the property into Commercial zoning.
Commr. Bailey questioned the reason that the Planning and Zoning Commission recommended denial, to which Mr. David Clapsaddle, Director of Development Coordination, responded that, if the current C-l zoned property were to come before the Planning Department today, they would not recommend that C-l zoning, therefore, they do not recommend expanding what is already there, because the surrounding properties are primarily residential in nature.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for revocation of A + CUP#337-4 and rezoning from A (Agricultural), C-l (Rural or Tourist Commercial) and R-l-7 (Urban Residential) to C-l or CP (Planned Commercial) with C-l (Rural or Tourist Commercial) uses, to allow commercial uses on the site.
Commr. Bailey voted "No".
PUBLIC HEARING #113-89-3 A to PFD Central Flat Lake
Partnership/Douglas Sadler
Mr. Steve Richey, Attorney representing the petitioner, appeared before the Board to discuss the request for rezoning.
On a motion by Commr. Swartz, seconded by Commr. Bailey 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), to allow radio transmission towers on the site.
PUBLIC HEARING #121-858-3 One year extension of PUD Ord.
#8-88 Miami-Orlando Properties, Inc./Joseph Abramson, et al
Mr. Joseph Abramson, petitioner, appeared before the Board to discuss the request for rezoning. He provided the Board with a history explaining how the PUD arrived at its present predicament requesting a third extension of the PUD.
Commr. Swartz stated that he had met with the petitioner, and had researched whether any progress has been done over the last five years on the property. He had found, that all that is on file with the county, is the preliminary development plan which was orginally presented. He stated that, when the Board approved the last extension, it was with the understanding that it would be the final extension.
Mr. Max Sibetti, with Heritage American Homes in Orlando, representing the petitioner, appeared before the Board and stated that the density of the PUD is one unit per acre, and that the area is in a high intensity use location. He further stated that all of the wetland areas (20 acres) have been set aside and will not be utilized.
Commr. Bakich stated that he has concerns if the extension were granted today, because of the previous extensions.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a one year extension of an approved preliminary PUD Ord. #8-88, to allow completion of final development plans for an approved PUD.
PUBLIC HEARING #126-89-2 M-l to MP C. E. Smoak, Jr.
No one present in the audience wished to discuss this request with the Board.
Commr. Bailey stated that under Item 13 of the requirements, dealing with "County Consultation Fees", should be deleted. He also stated that under Item 14 of the requirements, dealing with "Surety Cash Bond/Letter of Reclamation" that an amount of $100,000.00, should be indicated.
Mr. Bill Stearn, Assistant County Attorney, suggested that under Item 14, the section concerning "Surety Case Bond/Letter of Reclamation", be reworded to indicate "...or other instrument acceptable to the County Finance Department to ensure...".
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from M-l (Heavy Industrial) to MP (Planned Industrial), for an asphalt plant for a hot mix and soil treatment plant, with the amendments as stated.
PUBLIC HEARING #105-89-2 C-l & R-l-7 to LM or MP
Howard H. Hewitt
Mr. Steve Richey, Attorney representing the petitioner, appeared before the Board to discuss the request for rezoning. He stated that the request is for the relocation of Hewitt Contracting Co. and its accessory uses, subject to them providing a site plan to county staff at the time of relocation.
On a motion by Commr. Bailey, seconded by Commr. Swartz 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) and R-l-7 (Urban Residential) to MP (Planned Industrial), to establish a location for Hewitt Contracting Co. and the site plan as needed.
PUBLIC HEARING CUP#89/6/3-2 CUP in A Platt Farms, Inc.
Kenley Platt
Mr. Kenley Platt, petitioner, appeared before the Board and stated that the City of Leesburg wanted to ensure that he is aware that they are planning on putting a spray field across the street from the property in question.
Ms. Cecilia Bonifay, Attorney representing Sun Bank, Trustee for the Knowles family, stated that her client is not opposed to the reclassification request, but wants the petitioner to be aware that the adjacent property is being sold to the City of Leesburg for an effluent sprayfield.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission, because the owner could have subdivided the property, and approved the request for a CUP in A (Agricultural), to allow the installation of two mobile homes on the site for agricultural housing for dairy employees.
PUBLIC HEARING 11127-89-l PFD to PUD Urico Golf Course
Han Seop Yoo & V. Sung Ree
Mr. Greg Beliveau, Lake Land Planning Group, representing the petitioner, appeared before the Board to discuss the request for rezoning.
On a motion by Commr. Swartz, seconded by Commr. Bailey and Board upheld the recommendation of the carried unanimously, the Planning and Zoning Commission and approved the request for rezoning from PFD (Public Facilities District) to PUD (Planned Unit Development), as amended, to allow the establishment of a planned residential community.
PUBLIC HEARING CUP#89/6/4-1 CUP in RMRP Fisherman's Wharf
Del Thomas, Heritage Corporation
Mr. Ted Wicks, Engineer representing the petitioner, appeared before the Board to discuss the request. He stated that the rezoning is requested so that the petitioner can place not more than 38 recreational vehicles (RVs) on the property, utilizing 19 mobile home sites which currently do not have structures on them.
Ms. Joetta Woods, a resident in the park, appeared before the Board to state her objections to the rezoning request. She stated the the owner has not been taking of the property properly and these additional RV's should not be allowed .
Commr. Swartz questioned Mr. David Clapsaddle, Director of Development Coordination, whether any complaints have been filed with the county, to which he responded that his department has not found that there are any complaints, but that any additional lots which would be created will require a permit from the Department of Environmental Regulations to upgrade the present sewage treatment plant.
Ms. Angie Stevenson, a resident in the park, appeared before the Board to state her objections to the request for rezoning. She stated that if this request is granted at this time, it will compound the water and sewer problems which presently exist.
Mr. James Patti, a resident of the park, appeared before the Board to discuss his objections to the rezoning request.
Mr. Wicks appeared before the Board to address the concerns of the residents. He stated that Mr. Thomas inherited these problems from a previous owner and the he is planning on repermitting the water and sewer system, through the Department of Environmental Regulations, in order to correct the present problems.
Commr. Bakich stated that he would like county staff to review the concerns of the residents before the Board makes a decision on the request, therefore, he would like to postpone this request for rezoning for 30 days.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board postponed the request for a CUP in RMRP (Mobile Home Rental Park Residential), to incorporate a recreational vehicle park into an existing Mobile Home Rental Park (Fisherman's Wharf Mobile Home Park), to allow staff time to review the water and wastewater system within the park.
PUBLIC HEARING #116-89-l A to PFD Lucia Hartog, Trustee
Florida Power Corp.
Ms. Lucia Hartog, petitioner, stated that Florida Power Corp. normally constructs their fencing in compliance with the National Electric Safety Code, which requires a total of seven feet of fence, consisting of six feet of cyclone fencing and one foot of barbed wire.
On a motion by Commr. Swartz, seconded by Commr. Bailey 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), as amended, conforming with National Electric Safety Code standards, to allow the operation of an electric substation on the site.
PUBLIC HEARING #119-89-3 A to RE Joan H. Willhide
No one present in the audience wished to discuss the request for rezoning with the Board.
Commr. Swartz stated that one letter had been received against the request, due to some confusion concerning the lot size.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RE (Rural Estates), to create 30,000 single-family residential homesites.
There being no further business to be brought before the Board, Commr. Bailey made a motion to adjourn the meeting, which was seconded by Commr. Swartz and carried unanimously.
The meeting adjourned at 4:15 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
LS/7-21-89/WP4