The Lake County Board of County Commissioners met in regular session on Tuesday, January 23, 1990, 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, Chairman; Thomas J. Windram; Richard Swartz; C. W. "Chick" Gregg ; and Don Bailey. Others present were: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
MINUTES
Regarding the Minutes of December 19, 1989, it was noted that the following changes needed to be made:
Commr. Bailey requested the following changes:
On Page 23, Line 32, Commr. Swartz's name was misspelled, and needed to be corrected.
On Page 19, Line 25, the name should be Julia Faye Rogers, rather than Judy Fay Rogers.
On Page 41, Line 32, the name Ricks should be Rix.
On Page 46, Line 22, it was noted that Commr. Bailey had made the second to the motion, rather than Commr. Bakich.
Commr. Swartz requested the following changes:
On Page 15, Line 8, the name Storm Current should be changed to Storm Kern.
He requested that somewhere in the paragraph, on Page 19, between Lines 14 through 18, that it be noted it was a consensus of the Board to move the agenda items alluded to forward, however, he did not support said move and would like it to be stated as such.
On Page 32, Lines 6 and 16, the name Kaufman should be changed
to Coffman.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of December 19, 1989, as corrected.
Regarding the Minutes of January 9, 1990, it was noted that the following changes needed to be made:
Commr. Gregg requested the following changes:
He stated that on Page 14, Lines 1 and 2, where there is some discussion regarding the act being set up as a State law, the paragraph should be changed to read that the act was set up so that it could allow joint enforcement by the Game and Freshwater Fish Commission, the Marine Patrol, the Lake County Water Authority, and the Lake County Sheriff's Department, rather than just enforcement by the Game and Freshwater Fish Commission.
Commr. Bakich requested the following changes:
On Page 9, Line 29, it should be noted that Commr. Bakich voted "Yes" on said issue.
On a motion by Commr. Gregg, seconded by Commr. Swartz, and carried unanimously, the Board approved the Minutes of January 9, 1990, as corrected.
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
ACCOUNTS ALLOWED
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the payment of Warrant No. 116112 through Warrant No. 116520, for the following accounts:
General Revenue Pasco Fire District
South Lake Fire District Capital Outlay
Section 8 Fine & Forfeiture
Countywide Library Animal Shelter Trust Fund
Road Impact County Transportation Trust
Countywide Fire District Bassville Fire District
Mt. Plymouth Fire District Law Library
Aquatic Weed Private Industry Council
Certificate of Indebtedness Landfills
Northwest Fire District Mosquito Control
Paisley Fire District Emergency 911 Fund
Special Assessments
ACCOUNTS ALLOWED/PRIVATE INDUSTRY COUNCIL/REPORTS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending December 31, 1989, in the amount of $123,093.93.
Included in the motion was acknowledgment of receipt of the Cumulative Participant Activity Reports, for the service delivery area of Volusia, Lake, Flagler Private Industry Council, Inc., from July 1, 1989 to December 31, 1989.
CLERK'S OTHER BUSINESS
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to transfer $1,217.25 from the Police Education Fund to the Sheriff's Department, for in-service training.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Bonds
A request for a Board review of the sufficiency of the schedule of public officials' bonds, to comply with Florida Statute 137.05.
Contracts, Leases & Agreements/Environmental Services
A request for approval of contract with Camp, Dresser and McKee, Inc., for the preparation of a "Full-Service" Solid Waste Collection Plan for Lake County, and authorized proper signatures on same.
Contracts, Leases & Agreements/Health and General Services
A request for approval of agreement with the USDA Forest Service, to share specific authorized, licensed radio frequencies, and authorized proper signatures on same.
Bonds/Planning & Development
A request to accept new mobile home bond for John Anderson, Groveland Area, District #2.
Accounts Allowed/Bonds/Planning and Development
A request to release maintenance bond, in the amount of $8,339.00, for Crooked Lake Terrace.
Accounts Allowed/Road Projects
A request to award the Countywide Resurfacing Project, No. 3-90, to Asphalt Pavers, Inc., in the amount of $450,108.13.
Deeds/Right-of-Ways, Roads & Easements
A request to accept the following right-of-way deeds:
Road Projects
Louise Addis - Apshawa Road (3-2035)
Lot Approval
Ludwig Riepl - Baker Road (5-8074)
Gaylon A. Gardner - Baker Road (5-8074) (previously recorded)
ACCOUNTS ALLOWED/BONDS
Ms. Annette Star Lustgarten, County Attorney, requested that this item, regarding acceptance of a performance bond for Village Green, be accepted subject to approval by her, noting that said bond is still being reviewed by her office.
Commr. Gregg questioned the County Attorney as to whether anyone has ever gone back and looked at the County's performance bond requirements and rating system, to make sure that the County is getting bonds of sufficient strength to cover, in case of default, to which she responded that he r office has reviewed the requirements and rating system, in general, noting that the amount of the construction bond is generally the amount of the performance bond. She stated that the insurance company doing the bonding has to be a company authorized to do business in the State of Florida. She also stated that the State of Florida, Department of Insurance, puts out a list of authorized insurance companies, and said companies would be the only companies the County would accept.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the final plat of Village Green, and accepted a performance bond, in the amount of $820,921.00, subject to approval by the County Attorney.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/BUDGET TRANSFERS/SHERIFF'S DEPARTMENT
CONTRACTS, LEASES & AGREEMENTS
Mr. Al Thelen, County Manager, explained this request, stating that it was a County change, whereby all the funds for the renovation of the Old Courthouse are to be kept in one account.
Mr. James C. Watkins, Clerk, questioned whether this was something that was established at a public hearing, specifically, one way or the other, or whether it was something that needed to be rechanged by a public hearing, to which Mr. Thelen responded that, normally, this is something that can be done without having to come before the Board, however, due to the amount being over $lO,OOO.OO, it is something that has to have Board approval. He noted that it was authorized as a Federal Revenue Sharing item.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request to transfer $11,739.61 from the Federal Revenue Sharing, Sheriff's Account, to the Federal Revenue Sharing, Old Courthouse Renovation Account, to cover the unpaid portion of Barton-Malow's contract, for facade removal, and to pay Barton-Malow for their services, in that amount.
ENVIRONMENTAL SERVICES/ORDINANCES
Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained this request, stating that the Board had asked staff to prepare an amendment to the Lake County Code, pertaining to the irrigation portion of the Landscape Ordinance, noting that the ordinance now meets the intent of the Board's request.
Commr . Gregg questioned whether the requirements of Section 17-130.2 were existing requirements of the ordinance, to which Mr. Findell verified that they were.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a request to amend Section 17-130.2 of the Lake County Code (Landscape Ordinance) and authorized advertising of same.
ACCOUNTS ALLOWED/PLANNING & DEVELOPMENT
Mr. John Swanson, Director of Planning and Development, appeared before the Board and explained this request, stating that last year, during the budget preparation, staff had requested and received $40,000.00 for an outside consulting firm to put all the County's maps on reproducible mylars, in order to save a lot of staff's time and effort in preparing for zoning meetings. He stated, however, after getting into the program, they recognized the fact that staff could get a greater benefit by transferring said money to the Machinery and Equipment Account, and purchasing the needed equipment and computers, for doing in-house computer assisted drafting work, rather than using mylars. Upon being questioned as to whether the Planning and Development Department had space to house said equipment, it was noted that they did.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request to transfer $40,000.00, from the Professional Services Account to the Machinery and Equipment Account, in order to purchase computers for the Planning Division.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved a request to advertise for bids, for Project No. 6-90, Ag Road (2-1311) and Register Road (2-1312), Design-Build Construction Lump Sum Project, at an estimated cost of $149,475.00.
COUNTY ATTORNEY'S MATTERS
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County was successful in having the suit involving the Greater Orlando Aviation Authority, Lake County, and Guy Gannett Publishing Company dismissed, in court, however, noted that Greater Orlando Aviation Authority might appeal it to the Federal Aviation Authority, but, that remains to be seen.
The Board congratulated Ms. Lustgarten and her staff for being successful in winning said case for the County.
APPOINTMENTS-RESIGNATIONS/LIBRARIES
Commr. Bakich requested approval to appoint Mr. Clayton Bishop to the Lake County Library Board.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. Clayton Bishop to the Lake County Library Board, replacing Ms. Lucie Knox, representing the Eustis area. It was noted that his term will expire September 30, 1990.
COMMISSIONERS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Commission Liaison appointments, as presented.
COUNTY BUILDINGS AND GROUNDS/RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution indicating "No Smoking" in common areas of all County buildings.
PLANNING & DEVELOPMENT
Commr. Bakich brought to the attention of the Board the fact that Phar-mor Industries, Inc. is interested in locating a distribution center in Lake County, which will employ approximately 1,500 people. He stated that he, the County Manager, and the Director of Planning and Development had met with a group of individuals representing Phar-mor, on January 22, 1990, at which time he ptovided them with some information about Lake County. He stated that Phar-mor will be getting back to staff within approximately two weeks, for additional information and comments. He stated that he would be bringing to the Board some detailed information as to whether Lake County is in the running, at a later date, and, if so, would indicate to the Board what they expect, should they choose to locate at the property situated at Hwys. 19 and 27.
RESOLUTIONS
Commr. Swartz requested the Board to approve a resolution supporting the Rails to Trails Program, which he elaborated on.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted a resolution supporting the Rails to Trails Program.
ENVIRONMENTAL SERVICES/FUNDS-GENERAL
Commr . Bailey brought to the attention of the Board the fact that Governor Bob Martinez wants to budget 3.2 million dollars, to protect environmentally sensitive lands, of which a lot of it would benefit the County in the Wekiva River area. He stated that the Board would like to see the State buy said area, as the County cannot afford to. He stated that he felt it was a step in the right direction and that the Board should support it. He stated that, in working through the County's delegation, the Board should let the Governor's Office know that the Boatd does support it and that it should, also, be brought to the attention of the Association of County Commissioners, as well.
No action was required at this time.
JAILS
Lieutenant Gregory Flynn, with the Lake County Sheriff's Department, appeared before the Board to discuss a list of questions, which was presented to the Board prior to this meeting, regarding the issue of private enterprise (privatization) operating the Jail, rather than the Sheriff's Department.
At this time, the questions, pertaining to issues from why the Board wants to take the operation of the Jail away from the Sheriff's Department, to employees' wages, benefits, retirement plan, insurance coverage, and what happens if the private company goes bankrupt, were answered by the Board, one by one, up to the point of question No. 16, at which time Commr. Bakich, Chairman, stated that, due to another item that had been advertised to be discussed at a time certain, the Board would discuss and answer the remainder of the questions, regarding the Jail issue, at a later date.
Considerable discussion occurred regarding the question of how a private company is to prevent an escape, as they are not allowed to use deadly force, as the Sheriff's Department can - only non-deadly force.
Ms. Lustgarten, County Attorney, stated that the question (No. 7) states that an amendment was made to Florida Statute 944.105, in that private corrections officers can only use non-deadly force to prevent an escape, however, noted that it is a misstatement of what the amendment actually provides. She stated that what it provides is that a private correctional officer may use force, but only while on the grounds of a facility, or only while pursuing escapees from a facility. She stated, however, that said provision is limited to only State correctional institutions. She stated that Chapter 776.07, of the Florida Statutes, does permit the use of force by a person who has an arrested person in their custody, so, essentially, there is permission for private correctional officers to use deadly force, in certain circumstances.
At this time, Mr. Joseph A. Kemper, a correctional officer with the Sheriff's Department, explained (from the audience) the policy which the Sheriff's Department presently uses in distinguishing whether to use deadly or non-deadly force, in preventing an escape.
Commr. Swartz requested a copy of the Sheriff's Department operating procedures, to review.
Mr. Al Thelen, County Manager, informed the Board that his office had requested said procedures and was advised by the Sheriff that none existed, at the time, other than the State laws, which is what they use.
Mr. Thomas Pilacek, Attorney, representing Local 385 of the Teamsters Union, appeared before the Board, on behalf of the jailers. He recommended that a Management Study Committee, composed of a Sheriff's Department representative, or representatives, and representatives of the Board of County Commissioners be formed, noting that it may help solve some of the problems and answer some of the questions which the jailers have. He stated that the Board is looking at, and focusing on, State aspects of cunning a jail, however, reminded the Board of Federal aspects which pertain to operating any law enforcement agency, with regard to the use of deadly force, noting that there is a difference.
Mr. Pilacek stated that when one contracts with a private firm one gives up the loss of "hands on" control, and loses the ability to address problems in the middle of the contract, and resolve them, without renegotiation. He stated that protection afforded to employees, with regard to pension programs, should be looked at long and hard, and noted that employees are terminable, at will, with privatization, unless there is a union contract or a contract for a specific amount of time, on a personal service basis. He stated that they lose the protection afforded to them by State and Federal law in that instance.
At this time, Commr. Bakich injected that the Board had another public hearing scheduled at this time, therefore, suggested continuing said discussion at the regular Board Meeting, scheduled for February 13, 1990, at 10:30 a.m. He then stated that this kind of dialogue is what is needed, and was needed from the very beginning, in that Lieutenant Flynn, or whomever may be involved, will be able to provide the Board with information from another angle that the Board has not looked at, as yet, therefore, encourages it and noted that the Board is willing to work with them, so that they may broaden their scope and have a better understanding of whether they want to ultimately make the decision to go with private enterprise.
Commr. Swartz stated that he would encourage Mr. Pilacek and Lieutenant Flynn to look over the RFP very carefully, and if they find places in it where it needs to be tightened, clarified, or have more requirements, to let the Board know this and to respond to the answers that the Board provided this date, as well. He also stated that, if they find there are places where there are holes, or certain aspects that need to be looked at further, to let the Board know this, and get said responses and information back to the Board as soon as possible.
RECESS & REASSEMBLY
At 10:30 a.m. the Chairman announced that the Board would take a five minute recess.
LAWS & LEGISLATION/ORDINANCES
Captain Erik Liff, with the Lake County Sheriff's Department, appeared before the Board stating that he was the legal advisor for the Sheriff's Department. He stated that they had a meeting with representatives of the retail trade, in which every police chief in the County was invited to said meeting, noting that many came or sent representatives. He stated that they have had another meeting, since the original meeting, with other representatives, and, based upon those discussions, the Sheriff's Department recommends the adoption of what is referred to as the Two Clerk Rule Ordinance, in Lake County.
Captain Liff stated that the ordinance addresses other issues than merely having two clerks, such as the lighting of the store, the visibility in the store, cameras (if required) in the store, and the way cash is handled, noting that they are not recommending a cash maximum on the premises, as they have found that to be absolutely unenforceable. He stated that retail members he spoke with advised him that there is no way they can function with a $50.00 cash maximum. He stated that every other ordinance he read, from around the country, had a $50.00 cash maximum, however, is not recommending it, due to the fact that it is just not a lot of money, anymore, and if the store clerk had three customers with $20.00 bills, he would not be able to give them all change. He stated that, rather, they would address the issue of how the cash is handled.
Captain Liff stated that the representatives of industry presented them with a lot of very well done statistics, noting that said statistics indicate that in Alachua County, the City of
Gainesville experienced a 60% drop in convenience store robberies, but, at the same time, the County of Alachua adopted the same things without the two clerk provision of the bill, and they experienced a 60% drop, as well. He stated that, apparently, there was only an additional 10% drop when the Two Clerk Rule Ordinance was enacted. He stated that, in speaking on behalf of the Sheriff, would say they would be willing to accept a 10% drop, a 5% drop, or a 2% drop in the number of convenience store robberies, and, if two clerks will do it, while they understand and sympathize with store owners to whom that will possibly be an economic burden, noted that it is the job of the Sheriff's Department to protect the citizens of this County, and whatever the drop is, it is, in fact, still a drop. He stated that he would not argue that the other measures may be as effective, or more effective, so they would propose the adoption of one that includes everything.
Commr. Swartz questioned whether Captain Liff was recommending provisions of the other ordinances, with exception to the $50.00 cash maximum, to which Captain Liff replied that he was not.
Captain Liff stated that he felt the ordinance should pertain to all businesses that are open during the peak period for robberies - being 10:00 p.m. to 2:00 a.m. - not just pertain to convenience stores.
Mr. Welton Cadwell, from the City of Umatilla, appeared before the Board representing the Lake County League of Cities, stating that the President of said League had formed a committee and asked him to chair it, to research the convenience store ordinance. He stated that what they were requesting from the Board was for them to hold up on the ordinance, until the Lake County League could make some type of recommendation, noting that if the County passes an ordinance, they are going to try and get all the Cities to pass the same ordinance, being that enforcement is going to be a problem, and it is felt that if there is just one ordinance that all can live with, it will ensure the success of the ordinance and be a lot easier to enforce. He stated that they will not be prepared to make a recommendation until the middle of February, and noted that he did not have a consensus on the Lake County League of Cities' Board of Directors, one way or the other, at this time.
Mr. Jack Kirkpatrick, from Eustis, representing Quality Petroleum, a gasoline marketer, appeared before the Board stating that they have several convenience stores in the area. He stated that they are concerned about a governmental agency coming in and telling a private industry how many people they have got to hire, noting that his firm questions whether some of the ordinances which have been enacted are constitutional and feels that somewhere down the line that is going to be tried.
Mr. Kirkpatrick also stated that they are not too sure that some of the statistics that are coming out of Alachua County are, in fact, comparing apples to apples, due to the fact that after they passed the ordinance, they eliminated some of the same operations that they were including in the statistics, prior to the passage of the ordinance. He suggested that the Board obtain an update on some true statistics, so that they know what they are comparing. He stated that his firm totally supposts everything that the law enforcement wants, such as cleaner stores, taking all the signs in the windows down, alarm systems, etc., so that all their employees have a safe place to work.
Mr. Kirkpatrick stated that they have started a program known as the F.R.E.T. Program, whereby an executive secretary travels throughout the State setting up programs for the training and educating of employees of independent retailers, to deter crime. He stated that the independent retailers' biggest problem is breaking and entering, rather than robberies, as is thought.
Commr. Gregg questioned whether there were any statistics from insurance carriers that insure convenience stores or operations such as his, noting that they usually look into situations such as this to determine whether there should be a reduction in premiums, to which he was told that they have not.
Mr. Ed Thomas, representing Miller Enterprises, appeared before the Board stating that they operate several (10) Handy Way food stores in Lake County. He stated that they are interested in helping the Board address the problems alluded to above, and want to take a pro-active, rather than a pre-active stance, as they have more to lose from crime than anyone. He, too, felt that the ordinance should pertain to all businesses, rather than just convenience stores. He stated that he feels the issue is crime, and one way to get a handle on it is through cash control. He stated they would like to recommend that the Boand of County Commissioners set up a group that is made up of representatives of business, law enforcement, the Boand, and any othen concerned citizens, to discuss the issue and come up with a composite recommendation that can be presented to the B o ar d. He stated that he concurs with the League of Cities in that the Board is probably not well enough informed of all the statistics, which can be taken and twisted in a lot of different directions, to make the best decision for the people of Lake County, at this point.
Mr. Henry Marois, Director of Community Relations for the Florida Food and Fuel Retailers, appeared befoae the Board and commented on the difference in figures between the City of Gainesville and Alachua County, regarding robberies. He referred to a letter from Sheriff Walter Heinrich, of Hillsborough County, to Commissioner Jan Platt, regarding a study they conducted on the two clerk rule , in which he states that the City of Gainesville's (where the two clerk rule was in effect) crimes came down 64%, however, the crimes in the County (where the two clerk rule was not in effect) came down 67-l/2%.
Mr. Marois stated that he believed very strongly in cash control and training of employees, in cutting down the number of robberies, noting that his training program is being implemented in.24 counties in the State of Florida.
Commr. Bakich requested that any additional information which may be helpful to the Board in coming to a decision be submitted, by the retailers.
It was noted that the Board would again discuss the Two Clerk Rule Ordinance on March 6, 1990, at 10:30 a.m., as suggested by the County Manager, Mr. Thelen.
Mr. Len Williams, a local resident, appeared before the Board stating that, in his opinion, one of the problems is women working in convenience stores, due to the fact that they are more likely to be robbed than men. He also stated that there is too much involved in the ordinance for the Board to make a decision in ten minutes -that they need to study it thoroughly. He felt that two clerks in the store will not solve the problem.
No action was taken at this time.
AMBULANCES-HOSPITAL DISTRICTS/PUBLIC HEALTH/BONDS/RESOLUTIONS
Commr. Gregg brought to the attention of the Board (for informational purposes only) the fact that the County is coming to terms with the indigent care problem, to some extent. He stated that, as a partial solution, the Northwest and the Northeast taxing districts have agreed to merge, with this Board acting as their Board, until an independent elective Board can be established, noting that, according to the County Attorney, this Board can do, without having to ask the Legislature to do it, therefore, a resolution has been prepared and sent to the two hospital taxing districts, to dissolve one of the Boards and merge it with the other. He stated that this Board already acts as the Board for the Northeast District. He stated that they can then discuss and vote on establishing an independent district, at which time the Board can appoint three members from each present Board (being this Board is the present Board of the Noctheast District, they would need to appoint three members of the Noctheast District Hospital Board), to act in the capacity of a joint Northwest/Northeast Taxing District Board, and call for elections to be held on a staggered basis. This would make both Boards independent of this Board, thereby, solving some of the problems they are presently faced with. He noted that one of the advantages to merging would be eliminating duplication of services in the hospitals, which is costing all the taxpayers money.
Ms. Annette Star Lustgarten, County Attorney, injected that the Northwest Board met last night and, in concept, approved the resolution and is now looking at the issue of whether the Board can appoint or whether there needs to be an election, immediately. She reiterated what Commr. Gregg had stated, in that it can be accomplished by resolution, without legislative action. She stated that the Northwest Board is talking about having a special meeting, to adopt said resolution.
Commr. Bakich questioned the time frame involved, to which Ms. Lustgarten replied that it would be resolved sometime this month, as it needs to be finalized by March 31, 1990, in order for the Board to be bond rated.
Commr. Gregg stated that he felt the main reason it is just the two districts (alluded to above), and not all three of the districts, is due to the fact that the Southeast District is presently at two mills and the Northwest and Northeast Districts are at one mill, each, thereby, making them both compatible.
Commr. Swartz stated that he felt one of the problems has to do with too much independence of a board, as opposed to being dependent, in terms of accountability in what they are doing, etc.
Commr. Gregg stated that there are several problems with it, such as providing reasonable cost services, so that hospitals are not competing with each other, but with each one providing the services best suited for that hospital, with regards to indigent care, not the hospital's operation. He then elaborated further on the issue, noting that more and more, every year, the State expands their criteria for Medicaid, therefore, the load on the paying customers in the hospitals is becoming greater and greater. He stated that this is a means of combining them and making them accountable, in that they will both be elected, which will also satisfy Lake County's legislative delegation.
No action needed at this time.
MEETINGS/MUNICIPALITIES
Commr. Gregg brought to the attention of the Board (for informational purposes only) the fact that a Town Hall Meeting has been scheduled to be held in Lady Lake, on February 27, 1990, at 7:00 p.m., at City Hall.
RECESS & REASSEMBLY
At 12:15 p.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.
ZONING
Commr . Swartz requested that Case CUP#89/9/4-3 be postponed, however, that any decision regarding Case #251-89-3 be withheld until representatives of the School Board arrived, in order for them to comment on said case.
A brief discussion occurred regarding Commr. Swartz's request, in that it was out of the ordinary, at which time it was noted that discussion regarding Case #251-89-3 could be held when said case comes before the Board at next month's rezoning meeting.
Commr. Swartz then requested that staff, in conjunction with the School Board, meet with the applicant and address some of the concerns over school facilities which he feels are very much needed in that type of development, so that in the interim period, the School Board has an opportunity to make reasonable and valid comments, with regard to school facilities.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the following:
POSTPONEMENTS
CUP#89/9/4-3 Lloyd Mackey
#251-89-3 Bryanstone Square
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following:
WITHDRAWAL
#254-89-l Ralph Lacks
At this time, Mr. Gregg Stubbs, Director of Development Coordination, stated that Case #235-89-2 was placed on the agenda, inadvertently, therefore, would not be discussed this date. It was noted that said case was denied at the last Rezoning Meeting.
PUBLIC HEARING X210-89-2 USES IN M-l OR REZONING FROM M-l TO
MP WITH M-l USES F. BROWNE GREGG, TRUST
Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that said request is for rezoning a piece of property within an industrial park, which is presently zoned straight M-l, to an MP zoning, in order to allow a tire shredding operation, which will convert the shredded tires into a building material, as well as request approval to develop a system of processing the ash from the waste recovery energy facility into an urban material, and then allowing it to be developed into a building material.
Mr. Randy Thompson, also representing the petitioner, appeared before the Board to answer any questions there might be and described how the tire shredding process operates. He noted that one is no longer allowed to haul tires to the landfill, as they create problems in the landfill, therefore, one has to either incinerate them or process them in some other way. He stated that they shred them up into two inch chips (noting that they have contracts with counties throughout the State to do this), which are then used in many ways, such as for stormwater control, building materials, fuel in cement kilns, etc. He stated that they would be processing the tires, to then be used off site.
Commr . Bailey stated a concern he had with noise which the machinery will generate, to which Mr. Richey stated that a condition can be included to the effect that they operate with an electric motor: (which would be less noisy), if the Board desires.
Ms. Lustgarten, County Attorney, stated that, with an MP zoning, the Board could impose certain conditions on that particular district, as part of the application - that they could impose performance standards on the operation of the permitted uses, therefore, can set standards for the operation.
Commr. Swartz stated a concern he had with the stoeage of said tires and how long they would be on the site, to which Mr. Thompson responded that they have to process for recycling, or beneficial use, 75% of what they receive within one year. He noted that beyond that, storage of the tires is mandated and regulated by the Department of Environmental Regulations.
After further discussion regarding the issue, the County Attorney, Ms. Lustgarten, stated that the Board could incorporate compliance with State Statutes and the Florida Administrative Rules, as amended from time to time, as a condition of the MP.
Mr. Thompson responded further to Commr. Swartz's concern of what would happen if the site is abandoned. He stated that part of Rule 17.711, of the Florida Administrative Code, requires a closure plan, noting that they have to bond and get a third party estimate of the cost of coming in and taking away all the tires and any residuals for that area. He stated that they have to file a bond with the State Department of Environmental Regulations, which they can immediately enforce, should his firm be out of compliance, at which time the Department of Environmental Regulations can come in, clean the site, and shut it down. The reason they did this is due to the fact that there are too many piles throughout the State.
Discussion occurred regarding the hours of operation, at which time Commr. Swartz stated that he felt the Board should set the hours of operation.
At this time, Mr. Thompson described how the ash processing facility would operate. He stated that, being they own property next to a sited incinerator, felt said site would be a good location for their ash processing operation. He stated that, at present, the County has a zero option, as they are landfilling the ash, at whatever cost, however, they can offer another option, which is processing the ash, which can then be used in various ways. He stated that this is another process which will be regulated heavily by not only the State, but also by the Environmental Protection Agency, which are presently writing rules to cover such operations. He stated that his firm cannot open for business until said rules are completed, so that they will know what yardstick they have to measure up to , and what tests they will have to do.
Mr. Richey, Attorney, stated that, in essence, what his client is trying to do is have the Board approve a use that his client can then go out and try to permit, once the rules are in place, which would include whatever standards Lake County would require his client to abide by, in conjunction with those rules.
Discussion continued regarding the request, at which time it was noted that said request had been postponed from an earlier Planning and Zoning Meeting, in order for the petitioner to provide information to Envinonmental Services regarding their operating procedures.
Mr. Gregg Stubbs, Director of Development Coordination, stated that he thought the applicant was providing some information to the Pollution Control Department, for a list of conditions, from the environmental side. He stated that the only conditions he put on it were the ones before the Board this date. He stated that the Board could either approve the request, with the conditions as stipulated, or they could postpone it until the applicant provides needed information to Environmental Services, for conditions to be placed on it by them.
Mr. Richey stated that they were asked to provide to Environmental Services what they were proposing to do, which they did - 60 days ago.
Commr. Swartz stated that staff may be as much at a loss as the Board is, due to the fact that they are waiting on rules from the Department of Environmental Regulations, as they are going to deal with the whole process of ash. He stated that he does not feel comfortable approving either request as a use, without specific conditions, and without knowing what the Department of Environmental Regulations is going to state.
Mr. Richey stated that they have specific conditions on the tires - that the Department of Envinonmental Regulations has promulgated a rule, which is before the Board this date.
At this time, Commr. Bailey stated that with the right conditions, he does not have a problem with the tire shredding operation, however, he does have a pnoblem with the ash processing operation, due to the fact that there is not enough known about it, therefore, cannot support it.
Commr. Bailey questioned whether the petitioner had a problem with postponing the decision on the ash processing operation until staff can obtain information on it, to which Mr. Richey replied that they were trying to obtain approval on both requests and do them simultaneously, however, will do whatever the Board feels comfortable with.
The County Attorney, Ms. Lustgarten, stated that the Board could move the MP zoning for the tire shredding use and defer action on the ash processing operation.
Commr. Bakich questioned Mr. Thompson as to whether he would be able to provide the needed information to staff by this time next month, to which Mr. Thompson replied that, if there was a specific question - yes - but to teach the Board all there is to know about ash - no.
Mr. Thompson questioned whether the Board could put together a list of concerns which they could have, prior to the April 17, 1990 Board Meeting, to allow them an opportunity to respond to them.
Discussion continued, at which time Commr. Bailey questioned whether it would be better to delay both requests until a later date, at which time Mr. Richey stated that he is concerned if Lake County delays too long, it will lose the tire shredding business to other counties, as they are in competition with them.
Ms. Marilyn Bainter, a local resident, appeared before the Board questioning whether the County has an ordinance controlling the garbage in Lake County, in that whatever is originated in Lake County has to stay in Lake County, therefore, any used tires in Lake County would have to stay in Lake County, to which she was told that this is true, unless the County chooses to accept garbage from another county.
A motion was made by Commr. Windram and seconded by Commr. Bailey to uphold the recommendation of the Planning and Zoning Board and approve a request for rezoning from M-l to MP (Planned Industrial) with M-l uses, to allow an operation engaged in tire shredding, and manufacturing of construction materials, with the following conditions:
(a) Applicant shall comply with Chapter 403, of the Florida Statutes, and Rule 17-711, of the Florida Administrative Code, as amended from time to time.
(b) Decible level shall not exceed the existing uses within the surrounding area.
(c) Operation shall be limited from 7:00 a.m. to 6:00 p.m.
(d) Applicant shall comply with other reasonable conditions imposed by the Board of County Commissioners.
Commr. Gregg abstained from the discussion and vote, due to the fact that he is related to the petitioner. He stated that he had spoken to the County Attorney regarding the request and noted that, legally, he has no conflict of intenest, however, for appearance sake, was going to abstain.
Mr. Richard Roof, Director of Pollution Control, questioned the Board as to whether a provision had been included to supply Environmental Secvices with an operation plan, to which it was noted that the motion would be amended to include an operation plan as one of the conditions.
At this time, the Chairman called for a vote on the motion, which was carried.
Commr. Swartz voted "No".
The County Attorney, Ms. Lustgarten, stated that the Board needed to act on the deferral of the ash segment of the request, at which time a motion was made by Commr. Windram, seconded by Commr. Bailey and carried unanimously, to move deferral of the ash portion of the project alluded to above, until April 17, 1990, at 2:00 p.m.
Commr . Gregg abstained from the discussion and vote.
PUBLIC HEARING #233-89-4 RR TO ER FERTAKIS INTERNATIONAL
CONSTRUCTION COMPANY
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and explained this request. He stated that Commr. Windram had asked him to continue it, due to the fact that he was concerned about the elevations of the topography. He stated that it was part of a twenty acre parcel, which came before the Board, and was reduced down to a ten acre parcel, which is contiguous to ER, and accomodates 14 lots on a configuration.
Commr. Windram noted that staff recommended denial and.questioned Mr. Gregg Stubbs, Director of Development Coordination, as to whether he had been out to the site, to which he stated that he had.
Commr. Windram then stated that he did not see anything wrong with the request. On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to ER (Estate Residential), to create 22,000 sq. ft. single-family residential homesites.
PUBLIC HEARING #223-89-4 RR TO R-l-15 OR ER EARL WILDER
Mr. Dave Wilder, son of the applicant, appeared before the Board and distributed a map indicating the site in question, as well as sites which ace less than one acre (some being l/3, l/2, 2/3 and 3/4 of an acre) in size, anound the area of the site in question. He stated that said map was a map which he had copied from various maps, and had drawn in, due to the fact that he felt none of the Lake County maps were totally accurate.
A brief discussion occurred regarding said map.
Mr. Michael John Fredo, the owner of a piece of property contiguous to the property in question, appeared before the Board, in opposition to the request. He stated a concern he had regarding property in the area remaining at least an acre.
Commr. Windram commented on the request, stating that he thought it would be a mistake to change the zoning from an RR to R-1-15 or ER, due to the fact that it will permit smaller lots (which have since been geandfatheaed in) in the area once again.
Mr. Casey Jones, the owner of a piece of property on Lake Joanna, appeared before the Board, in opposition to the request, stating that he was speaking for, and on behalf of, the Lake Joanna Improvement League, representing over 95% of the Lake Joanna homeowners. He stated that they oppose any changes, by anyone, to their present zoning, especially spot zoning. He stated that their present zoning has kept their properties high and their density low, both of which are essential in maintaining the pristine quality of Lake Joanna. He then requested the Board to honor the recommendation of the Planning and Zoning Commission and deny the request.
Mr. Dan Wilder, son of the applicant, reappeared before the Board and stated that he stands behind his map 100%. He stated that he would challenge anyone to look at his map and tell him that a single one of the lots he has marked is not a legally platted lot.
Mr. Earl Wildee, applicant, appeared before the Board stating that he has lived in Lake County for over 60 years and that he did not believe progress should be held up for the area in question. He stated that it is inevitable that changes will be made, whether he makes them or someone else. He stated that eventually Eustis will be annexing the area in question, and when they do, the area is going to have six houses per acre, rather than one. He stated the reason he wanted to change the zoning is due to the fact that most people do not want to purchase an acre lot. He stated that his acreage was groves, at one time, however, the trees were killed by the freeze, and when he tried to replant, the second planting was killed by another freeze. He stated that he cannot afford to keep replanting and is just trying to get out with his shirt.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates) or ER (Estate Residential), to allow 15,000 sq. ft. single-family homes in an R-1-15 zoning district, or to allow 22,000 sq. ft. single-family residential homes in an ER zoning district.
PUBLIC HEARING CUP#89/4/2A-5 CUP IN A WILLIAM E. HAKER
Mr. Gregg Stubbs, Director of Development Coordination, stated that there would be five or six cases, such as this one, that would be coming before the Board for approval, therefore, the County Attorney, Ms. Lustgarten, had some additional language which needed to be incorporated into this CUP, as well as future CUPs.
Ms. Lustgarten stated that there is standard language which is in all the subdivent recommendations and in looking at this particular one, the wording "as would be provided by a hospital", in Paragraph 3, on Page 2, should be struck from the paragraph due to the fact that it was taken out of the Ordinance, noting that said wording was done prior to the ordinance being amended.
Ms . Lustgarten then stated that the wording "Chief of Development Coordination and the" should be struck from Paragraph E, on Page 2, as well, due to the fact that the applicant would only have to come before the Board of County Commissioners for approval of any other; proposed uses.
Commr. Windram questioned the procedure to be followed, if the stated use changes, to which Ms. Lustgarten replied that, if the use changes, the applicant would have to go through the required process.
Commr. Windram then questioned what would happen if a circumstance occurred beyond the applicant's control and they did not move their trailer: at the specified time - would they have to post bond, to which Ms. Lustganten replied that they would have to resubmit an affidavit, etc.
Discussion occurred regarding the bond issue, at which time it was noted that a bond requisement would be included as a condition to all CUPs, the same as is eequired for a mobile home bond.
Commr. Windram then commented on the fact that a CUP was being requested for an agricultural zone, and felt that it was going to cause problems in the future, if approved.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), to allow a temporary second residence on site, for the care of an infirm/disabled relative, subject to the condition requiring a bond.
PUBLIC HEARING CUP#389/6/2-4 CUP IN A NORMAN & DEBORA
ROBBINS
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for a CUP in A (Agricultural), to allow a second mobile home to be placed on the site, temporarily, to care for an infirm parent.
PUBLIC HEARING CUP#89/6/1-2 CUP IN A FEDERICK J. ARMAGOST
No one present wished to discuss this request with the Board.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), to allow a temporary second mobile home on site, to permit case for an infirm relative.
PUBLIC HEARING CUP#89/5/4-4 CUP IN RA LLOYD LEXIUS
Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and questioned, for clarification purposes, what amount of money would need to be posted, regarding the bond alluded to earlier, to which Ms. Lustgarten, County Attorney, replied that the bond would be in the amount of $5,000.00, as provided in Section 70-381, of the Code.
Ms. Bonifay stated that she thought theee was a requirement in the mobile home section, that if the mobile home is of a temporary nature and is not removed, there are some monies to take care of the removal, to which Ms. Lustgarten stated that that is the purpose of the bond.
A brief discussion occurred regarding the bond issue, at which time Ms. Bonifay stated that the reason the applicant would be requesting a CUP, in the first place, would be due to a hardship which was placed on them, and felt that the bond would create another hardship.
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 a nequest fot a CUP in RA (Ranchette), to place a second mobile home on the property, for the care of an infirm/disabled parent.
PUBLIC HEARING CUP#89/10/2-2 CUP IN A W. HOWARD SNOW
No one present 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 denied a request for a CUP in A (Agricultural), to allow a travel trailer (recreational vehicle) to be utilized as a temporary second residence, for the care of an infirm relative.
PUBLIC HEARING #214-89-4 RR TO RA OR AR CHARLES SELIGMAN
Mr. Charles Seligman, applicant, appeared before the Board stating that the reason he was requesting a zoning change from RR to AR was due to the fact that he would like to put up a shed or small barn.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to AR (Agricultural Residential), to create five acre single-family residences on site.
PUBLIC HEARING #246-89-4 A TO R-1-10 & CP W/C-l USES
R.M. CONTELLA, C/O MT. DORA SPRINGS DEVELOPMENT, INC.
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board stating that the request is to allow the property to be rezoned back to R-1-10, which would then allow the applicant to build 42 lots, and develop the frontage as CP commercial. He stated that, based on a meeting with Commr. Windram and Mr. Jim Stivender, Director of Public Works, the applicant was required to give 100 ft. of right-of-way along the entire western side of the property in question, to accomodate the by-pass. He then distributed a site plan for the Board's perusal. He stated that what the applicant has ended up doing, is giving 100 ft. of right-of-way on the west side, and having a full buffer around it.
The reason the applicant is limited to the 54,000 sq. ft. of building is due to the increased buffering of said 100 ft. of right-of-way. He stated that 54,000 sq. ft. is half of what is
normally allowed on nine acres, however, it allows the applicant enough land to develop the property in question and extend the line for commercial. He stated that it also allows enough land to buffer the residential development the applicant is developing on the back of the property.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to R-1-10 (Medium Residential) and CP with C-l (Rural o r Tourist Commercial) uses, to allow the development of single-family residential homes, with accessory commercial uses.
PUBLIC HEARING #248-89-5 A TO RM OR R-l-5 LARRY COWART
Mr. Jim Whaley, a resident of Astor, appeared before the Board stating that he owned property adjacent to the property in question, and that said property was surrounded by mobile homes and small residences.
Mr. Gregg Stubbs, Director, of Development Coordination, commented on the request, stating that he had gone out and looked at the property in question, and found that there were a lot of nonconforming uses, in that, before zoning was even adopted in the County, there were a lot of mobile homes that were placed on property that did not meet any minimum requirements, and have been there for a long time, however, recommended denial of the request.
Mr. Whaley commented further, stating that the purpose of his comment regarding the request is that the lot adjoining the property in question, to the east, was rezoned within the last four years from agricultural to residential, thenefoce, could not understand staff's denial of this request.
Mr. Larry Cowart, applicant, appeared before the Board to inform them that, at the last Planning and Zoning Commission Meeting, held in December, 1989, the Commission voted to change his property to RM.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied a request for rezoning from A (Agricultural) to RM (Mobile Home Residential) or R-l-5 (Mobile or Mixed Residential), to allow single-family residences (mobile homes) on a minimum 5,000 sq. ft. lot size.
PUBLIC HEARING #252-89-4 A TO CP JOHN & LILLIAN HENDRIX
Mr. Archie Lowry, Attorney, representing the applicant, appeared before the Board and stated the types of businesses that are located around the property in question. He questioned what is more appropriate than a feed store in an agricultural area, and requested the Board to approve the request for a CP zoning.
Mr. Ray Taylor, the owner of a five acre parcel located east of the property in question, appeared before the Board in opposition, due to a concern he has regarding contamination of his water supply, as he is on a well system within 500 ft. of the proposed project.
Another concern he has is contamination to a small pond on his property, which is used as a source of drinking water for his animals - primarily cattle, which is sold for consumption. He
also noted that said pond also serves as a tributary to the Black Water Creek which flows into the Wekiva River.
Ms. Alice Nester, the owner of 20 acres located across from the property in question, appeared before the Board in opposition to the request. She stated that Mr. Taylor had addressed some concerns which she had, however, added that she did not see the need for another feed store, as there are already several such stores located just 15 to 20 minutes away from the proposed one in question.
Mr. Lowry, Attorney, reappeared before the Board and addressed some of the concerns which were stated by those in opposition. He also stated that the proposed store in question would not generate any mote traffic than what is already there.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for rezoning from A (Agricultural) to CP (Planned Commercial), to allow a feed and hardware store on the site, and a mobile home for a caretaker's residence.
PUBLIC HEARING #256-89-4 A TO RE JEFFREY C. PERRETT
No one present wished to discuss this request with the Board. Considerable discussion occurred regarding said request, at which time Commr. Windram requested postponement for 30 days to enable him to view the site, before making a decision regarding it.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone said request for 30 days.
PUBLIC HEARING #249-89-3 MP & A TO PFD DENNIS L. HORTON,
PRESIDENT OF FLORIDA INVESTORS SERVICES CORPORATION
No one present wished to discuss this request with the Board. 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 a request for rezoning from MP (Planned Industrial) & A (Agricultural) to PFD (Public Facilities District), subject to conditions as stated, to allow church services and related activities.
PUBLIC HEARING CUP#89/12/2-3 CUP IN A LARRY GRIMES
Mr. Steve Richey, Attorney, representing the applicant, on behalf of Sloan Construction Company, appeared before the Board stating that he had filed a site plan which should be in the Board's backup material befoee them this date. He stated that the material will be hauled into Lake County from Brooksville, however, trucks which will be used to haul said material will not travel in front of the Lutheran Camp Ground, which was a concern that was expressed at the Planning and Zoning Commission Meeting, by some individuals that live in said camp. He stated that the proposal limits the amount of truck traffic allowed and noted that no material will be hauled locally, other than directly onto the turnpike. He stated that the property in question was chosen for that fact. He also stated that the actual material which will be produced by the plant in question will not be sold locally, nor will it leave the site, except by way of the turnpike.
Discussion occurred regarding how many trucks are estimated to be going in and out of the plant in question daily, to which Mr. Jim Allen, Vice President of Sloan Construction Company, replied (from the audience) that he would estimate approximately 50 trucks.
Mr. John Blanchard, a local resident who lives approximately 1,000 ft. from the proposed plant, appeared before the Board, in opposition, stating that there are at least a dozen residences approximately one-quarter mile from the proposed site. He stated that other than being concerned about the noise level which will be generated by said plant, he questions why the proposed plant has to be located at this particular site, as Mr. Richey, Attorney, had stated at the Planning and Zoning Commission Meeting. He stated that another thing that concerns him greatly is that he understands that this particular contract is for resurfacing the turnpike, however, the majority of what will be resurfaced is located in Orange County. He also noted that Mr. Richey had stated at the Planning and Zoning Commission Meeting that the Department of Transportation recommended said site, as it was the only viable site. He stated that it was noted that said contract was to run from December 1, 1989 to December 1, 1990, with some rather severe penalities, if the job was not completed on time. He stated that when he puts all these factors together, it does not make sense to him, and feels that the County is trying to pull the wool over the residents' eyes. He feels that the plant should be located somewhere in the vicinity of where the turnpike crosses Hwy. 50, which is where the proposed exit on the tunnpike is going to be built, as he feels that 50 trucks, per day, traveling in and out of the proposed plant is going to make life extremely difficult and hazardous for the local residents.
Mr. Richard Hoffman, the owner of eight acres north of the property in question, appeared before the Board, in opposition, stating that he was concerned about the smell which the plant will generate, as well as concerned about the noise which the trucks will generate. He stated, however, that his greatest concern is that drainage from the plant will run into a creek which crosses his property, and pollute it, noting that his children play and fish in said creek.
Mr. Harold Storm, Director of the Woodlands Lutheran Camp (which Mr. Richey referred to), appeared before the Board stating that his camp is located approximately 1,600 ft. north of the property in question. He stated that, he too, was concerned about the traffic and the safety of the residents of the camp. He then questioned whether there would be requirements for the land to be restored to its original appearance, once the plant is no longer in operation, at which time he distributed pictures to the Board, for their perusal, which he had taken of abuse that had occurred to the property of a similar plant, located on O'Brien Road, noting that he would hate to see the same thing happen at this site.
Discussion occurred regarding this issue, at which time Commr. Swartz stated that staff was aware of the abuse which Mr. Storm alluded to, and was looking into the problem.
Mr. Mark Ingram, the owner of a parcel of property located close to the property in question, appeared before the Board, in opposition, stating that he too is concerned about pollution to the creek which Mr. Hoffman alluded to, as it runs through his property, as well.
Commr. Gregg stated that part of the CUP that has been recommended by staff, for the request before the Board this date, is a requirement for stormwater retention.
At this time, Mr. Richard Roof, Director of Pollution Control, appeared before the Board and addressed the stormwater retention issue, stating that the drainage specifications are that no more stormwater will leave the site than did in its precondition. He stated that the applicant would have to provide staff engineering drawings and specifications to retain the stormwater, based on that volume criteria.
Mr. Richey reappeared before the Board to address the issue of the contract which Mr. Blanchard had brought up, stating that the majority of the work is being done in Orange County, however, it also includes a portion of Lake County. He stated that no other sites were chosen - that the one before the Board is the site, and that it was chosen, based on the remoteness and the fact that houses in the area were, clearly, further than 1,000 feet or more away from the property in question, and several thousand feet away from the plant, itself. He stated that the applicant's requirement with the individual they are leasing the property from, is that the property is to be restored and grass is to be planted on said property, once.the job is completed, therefore, they have no problem having same be a part of their CUP. He stated that they have no problem meeting the requirements of Pollution Control, and the other requirements, with regard to the Department of Environmental Regulations. He then addressed the issues of traffic and odor, which was brought up by several of the local residents.
Commr. Bakich stated that if the Board is going to support the request, he would like to have a bond for reclamation inserted in the CUP.
Commr. Swartz stated that he felt if the Board approved said request, there would have to be some changes made to it, as he felt 50 trucks per day was not a good situation, due to the fact that the portions of Highway 455 and Old Highway 50, which would be affected by the increased traffic, are not particularly wide in said areas.
He stated, however, that he felt the concerns regarding stormwater and reclamation can be addressed and met - that they are not realistic concerns.
Discussion occurred regarding the possibility of putting the plant in another location, at which time Commr. Gregg stated that he felt the most practical place to put the plant would be adjacent to the turnpike.
Mr. Richard Roof, Director of Pollution Control, reappeared before the Board and recommended that the language regarding the extra condition reflect that the applicant provide reclamation of the property when they are done, but that they submit a plan to staff for approval.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and zoning Commission and approved a request for a CUP in A (Agricultural), to allow the operation of a temporary asphalt plant, with the following amendments:
(a) A reclamation bond be submitted, with a reclamation plan, to be approved by Pollution Control.
(b) The hours of operation be during daylight hours only.
(c) A one (1) year limit be set from this date.
(d) No direct access with materials be allowed on Highways 50 and 455.
Commr . Bailey and Commr. Swartz voted "No".
PUBLIC HEARING #74-87B-3 AMENDMENT TO PUD ORD. #32-85 AND
#7-89 CALFLORE PROPERTIES, INC.
Mr. Ted Wicks, a local consulting engineer, representing the applicant, appeared before the Board, stating that he thought the Planning and Zoning Commission had given his applicant flexibility on the 5 ft. setback. He stated that the project in question was originally developed as a KOA Campground and began operation sometime around 1972. He stated, at that time, under the CUP process, his client was allowed to have a 5 ft. setback for the facility, within the approved RV sites, of which there are 318. In 1985, his client came before the Board and asked for a PUD zoning approval, which allowed them to develop the rest of the park as a PUD, with 240 mobile home sites. The language in that PUD ordinance recognized the existence of the 310 sites, essentially grandfathering those in, and they assumed, at that time, that the setbacks would continue to be grandfathered in. He stated that what his client has been faced with recently, is that staff has been imposing a 20 ft. setback for structures not in the RV park, in lieu of the established 5 ft. He stated that what his client is trying to do is to be able to continue to use the 5 ft. setback that was provided for, when the park was originally designed and constructed. He stated that it would work a severe hardship on his client if they have to go in and establish a new setback. He stated that they are hoping for a minimum 5 ft. setback, but would observe a 10 ft. one, in cases where they have room to.
Commr. Swartz stated that, perhaps, the applicant would have to meet the 10 ft. setback where they can, and come back before the Board for a variance on lots which could not meet the 10 ft. setback. He stated that there is a question as to whether or not this should have been in place, to begin with, and the Planning and Zoning Commission's, and staff's, recommenation allows the applicant to keep the ones that are in place, which he assumes is at least 5 ft..Mr. Beeson, the park manager, appeared before the Board and answered questions pnesented to him by the Board.
Discussion continued regarding the setback requirements, at which time Mr. Beeson stated that he felt they could live with the 10 ft. setback requirement.
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 a request for a non-substantial amendment to PUD Ordinance #32-85 and #7-89, in accordance with Section 696.20 (2), for existing RV sites to utilize the 5 ft. setback from the edge of the road, and that future RV lots abide by the required 10 ft. setback.
COMMISSIONERS
At 5:00 p.m., the Chairman, Commr. Bakich, turned the chair over to the Vice Chairman, Commr. Bailey.
PUBLIC HEARING CUP#89/12/1-2 CUP IN A LAKE COUNTY BOARD OF
COUNTY COMMISSIONERS
Commr. Swartz informed the Board that he had asked Mr. Jim Stivender, Director of Public Works, whether the County could do some kind of site work along Hwy. 19, as the area that has been mined out is pretty well visible. He requested that they do some kind of berming and vegetation at the site.
Mr. Stivender appeared before the Board and stated that they are going with a full reclamation plan of the site, which means grassing the entire site and grading the site, which would make it very appealing.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), to allow expansion of an existing clay extraction operation, and include as part of the conditions of the CUP the items listed in the memorandum to the Director of Development Coordination, dealing with solid waste phasing out of the operation and escrow agreement, and, in addition, that certain site work be done along Hwy. 19, possibly in the way of a berm.
A brief discussion occurred regarding the request, at which time Mr. Zepperer answered questions presented by the Board. It was also noted why the Planning and Zoning Commission had denied the request, without prejudice. Ms. Lustgarten, County Attotney, stated that if the Board denied the request, without prejudice, the applicant could refile his request after three months, and then the request would have to go back before the Planning and Zoning Commission.
Further discussion occurred regarding what would be the best way to handle said request, at the least cost to the applicant, at which time the County Attorney stated that the Board could defer the request indefinitely. If the Board chooses to do this, then the applicant would, in effect, amend his application, which would then have to go back before the Planning and Zoning Commission and the Board, for approval.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously the Board overturned the request of the Planning and Zoning Commission and postponed action, indefinitely, regarding a request for rezoning from A (Agricultural) to R-l-6 (Residential) or RP (Multiple-family Residential-Professional), to allow multi-family housing on the site.
PUBLIC HEARING #250-89-2 A TO AR SELECTLANDS, INC.
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), to allow 2-l/4 acre, minimum lot size, single-family residential homesites.
COMMISSIONERS
At 5:lO p.m., the Vice Chairman, Commr. Bailey, turned the chair back over to the Chairman, Commr. Bakich.
PUBLIC HEARING #247-89-2 A TO R-l-6 OR RP STANLEY C.
ZIPPERER
Mr. Stanley Zipperer, the applicant, appeared before the Board and stated what he wanted to do with his property, thus, his reason for the request for rezoning.
PUBLIC HEARING #108-87A-1 AMEND CP ORD. #89-87 CONDEV LAND
FUND II, LTD.
No one present wished to discuss this request with the Board.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to amend CP Ord. #89-87, to allow C-l (Rural or Tourist Commercial) and C-2 (Community Commercial ) uses on site for establishment of a financial institution and other commercial uses on site.
PUBLIC HEARING #255-89-5 A TO PFD LONG FARMS NORTH, INC.
Mr. Gregg Stubbs, Director of Development Coordination, gave a brief history of the request, stating that the Department of Transportation and a branch of the Federal government contacted him approximately six months ago and questioned him about the existing agricultural airstrip. He stated that they had questioned whether the zoning was okay, at which time Mr. Stubbs checked it all out and found that it was grandfathered in. He then informed the interested parties of same, however, was then challenged by a local attorney of said fact, due to some complaints which the attorney had received from some local residents about the airstrip.
Mr. Stubbs stated that he could not prove, in the staff's records, that the airstrip was, indeed, grandfathered in, therefore, suggested that the applicant come before the Board for a decision. He stated that he had received some verbal accounts that said airstrip has been at its location since the 1940s.
Mr. Barry Long, the applicant, addressed the Board (from the audience) stating that Mr. Stubbs had summed up what he had to say, noting that he had gone through everything with the Federal Aviation Authority and had gone through all the proper channels, however, discovered that the zoning which they thought was okay, was not.
Mr. Lou Tally, Attorney, representing Mr. Ross Van Dellen, who is a home owner on the property immediately to the east of the airstrip, and also, on behalf of Mr. John Wall, who owns a
development slightly further to the east of Mr. Van Dellen's property, both of which have recently been rezoned for mobile home parks.
Considerable discussion occurred regarding the request, at which time Mr. Tally stated that the staff's report was very misleading and he objected to the way that it was presented. It was noted that the airstrip would be used by a crop duster aircraft, at which time discussion occurred regarding the noise generated by the aircraft, which is very disturbing to the residents in the area.
The County Attorney, Ms. Lustgarten, stated that the application which was before the Board was to allow the agricultural airstrip, not a permitted use, in the proper zoning.
Mr. Barry Long, applicant, appeared before the Board and responded to a question as to how long said airstrip has been at its location.
Commr. Bakich questioned Mr. Long as to how many times a week his plane sprays, to which Mr. Long replied that he sprays from once a week, to almost daily, according to the season.
Mr. Frank Paulhamus, the owner of a parcel of property adjacent to the property in question, appeared before the Board to verify the length of time that said airstrip has been at its location, stating that airplanes have flown in and out of the area of the airstrip since the late 1940s to 1950s.
Commr. Gregg stated that aerial spraying of a muck farm is as common a practice as running a tractor on a muck farm, and saw no reason in denying the request just because of the noise which is generated by the planes taking off.
Mr. Ross Van Dellen, who Mr. Tally referred to earlier as one of his clients, appeared before the Boand and stated that he has owned his property, which is adjacent to the airstrip, for the past fourteen years, however, has only lived on the property for the past five years and that the airstrip has not been used for at least three years.
Further discussion occurred, at which time it was noted that Mr. Long's property consists of approximately 800 acres, however, the site in question is the only site available for an airstrip.
At this time, a motion was made by Commr. Gregg and seconded by Commr. Windram to uphold the mecommendation of the Planning and Zoning Commission and approve a request for rezoning from A (Agricultural) to PFD (Public Facilities District), to allow for; an agricultural airstrip.
Further discussion occurred, at which time Mc. Long verified the fact that Mr. Van Dellen and Mr. Wall objected to his request for the airstrip, however, noted that there were many residents in the area who do not, as he has a signed petition verifying said fact, and could produce it if he needed to.
Mr. Van Dellen reappeared before the Board and commented further regarding the noise level, stating that he could not talk on the phone, or carry on a conversation with anyone in his home, while the plane is taking off. It was noted that Mr. Van Dellen lived in his home before said airstrip had begun to be utilized.
At this time, the Chairman called for a vote on the motion, which was carried.
Commr . Bakich and Commr. Bailey voted "No".
PUBLIC HEARING #183-87A-5 A & PUD TO PUD HERB STENGER, c/o
WEDGEWOOD PUD
Mr. Dave Clapsaddle, Springstead Engineering, representing the applicant, appeared before the Board and explained the request, stating that the existing Wedgewood PUD permits 150 single family units on 139 acres, and the expansion will permit a total of 320 single family units on 250 acres. He stated that the expansion to the PUD meets all the PUD requirements and regulations of the Code.
Mr. Carrol Gatch, the owner of a piece of property (approximately 18-l/2 acres) close to the property in question, appeared before the Board, in opposition to the request, stating that his property as well as the property on the other side of the property in question, is zoned agricultural. He stated that he was afraid if the Board allows said property to become residential, it is going to cause a conflict between residential and agricultural landowners.
Mr. Jim Bartlett, the owner of several pieces of property around the property in question, appeared before the Board, also in opposition to the request. He stated that he has always been good neighbors with Mr. Stenger and would like to continue to be, however, wanted Mr. Stenger to realize that they farm all the area around the area in question and do not want to be one floor down five years from now.
Mr. Clapsaddle reappeared before the Board and displayed the existing and proposed PUD, stating that the applicant is going to have to upgrade the water system and drill a new well, however, found no sinkholes on the site (as was suggested by one of the surrounding property owners), therefore, feel that there should be no problems with the well. He stated an awareness of agricultural zoning on either side of the property in question, however, noted that it was not an entirely agricultural area.
Ms. Virginia Bartlett, a property owner in the area in question, commented (from the audience), stating that Mr. Clapsaddle was referring to developments on Hwy. 44, however, the property in question is on Hwy. 452.
A gentleman in the audience stated that he wanted to bring to the attention of the Board the fact that there are sinkholes in the area, as there is one on his property, which has been there for over three years. He then pointed out on the map, on display, another sinkhole (approximately 50 feet across) which is, also, in the area in question.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) and PUD (Planned Unit Development) to PUD (Planned Unit Development), to incorporate additional lands into an existing Wedgewood PUD, approved under Ordinance #82-87, on December 8, 1987, with the exception of the placement of the wells and septic tanks, and the addition of accel and decel lanes on SR 452.
Commr. Swartz voted "No".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:00 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK
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