The Lake County Board of County Commissioners met in regular session on Tuesday, March 20, 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; Al Thelen, County Manager: Ava Kronz, Assistant to the County Manager; Annette Star Lustgarten, County Attorney; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
MINUTES
The Board postponed action on the Minutes of February 20, 1990. On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the Special Minutes of February 9, 1990, (Hospital District Merger), as presented.
WATER RESOURCES/ORDINANCES
Commr. Bakich informed the Board that Mr. Steve Adams, Chairman of the Wetlands Committee, had to be called out of town, and the discussion on the Wetlands Ordinance will be rescheduled for next month.
ACCOUNTS ALLOWED/INSURANCE/COUNTY EMPLOYEES
Mr. Gerry Jacobs, Risk Manager, appeared before the Board to discuss the request for presentation of $l,OOO.OO to Velma Allen for finding an overcharge of $3,405.95 on her hospital bill, and for saving this amount for the County's Group Insurance Program. Mr. Jacobs stated that the amount of money to be presented was determined by Florida Statute 112.153., which mandates that, if a local government insurance participant discovers an overcharge on
a reward of 50% of the saving, up to his billing, he shall receive $1,000.00.
At this time, Ron and Velma Allen appeared before the Board receive $l,OOO.OO for their finding relating to County insurance.
COUNTY EMPLOYEES/PERSONNEL DEPARTMENT
Ms. Eleanor Anderson, Executive Director of Administrative Services and Budget, appeared before the Board to introduce Ms. Lois Martin, the newly employed County Personnel Director.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the following requests:
Accounts Allowed
Payment of Warrant #11895 through Warrant #118675, for the following accounts:
Paisley Fire District Countywide Fire District
General Revenue County Transportation Trust
Aquatic Weed Mosquito Control
Miscellaneous/Gas Fund Road Impact
South Lake Fire District Bassville Fire District
Private Industry Council Law Library
Countywide Library Animal Shelter Trust Fund
Northwest Fire District Fine & Forfeiture
Mt. Plymouth Fire District Landfills
Capital Outlay Pasco Fire District
Emergency 911 Fund Section 8
Northeast Ambulance Northwest Ambulance
Bonds - Contractor
N e w
1274-90 Mike S. Singletary dba Air-Comfort Design Specialists, Inc. (Mechanical)
1813-90 Riley C. Henry dba Riley Henry Electric
4384-90 James E. Todd dba James E. Todd Plumbing (Plumbing)
4516-90 Larry Lent dba AAA Aluminum (Aluminum)
4815-90 Gary Wayne Evers/Florida State Plumbing SVCS, Inc.
(Plumbing Contractor)
4816-90 Salvatore Orefice dba Control Electric Services Inc.(Electrical Contractor)
4817-90 Gary L. Hampton (Class C Residential Building)
4818-90 Gaines Gray dba Gray Refrigeration (Mechanical)
4819-90 Robert M. James (Electrical)
4820-90 James J. McCarty (Electrical)
4821-90 James R. Russell dba Bubba's Construction (Aluminum Siding & Construction)
4822-90 Charles W. Cannon dba Approved Electric Co. of Florida
(Electrical)
4823-90 Robert J. Roper (Concrete & Aluminum)
4824-90 Kenneth A. Hill dba Hill's Aluminum (Aluminum)
4825-90 John Hill dba John Hill Aluminum
4826-90 Rick Allen McGimsey dba McGimsey Enterprises, Inc.
4827-90 John B. Carroll (Plumbing)
4828-90 David P. Sessions
4829-90 Bruce M. Owen dba A-Faye's Electric (Electrical)
4830-90 SPS Roofing, Inc. (Roofing)
4831-90 Southern Plumbing of Ocala, Inc. (Plumbing-Residential)
Accounts Allowed/Courts-Judges
Satisfaction of Judgment, Case No. 84-353-CJ, Gary B. Nelams, Juvenile, and Evelyn O'Neal Braxton, Parent, in the amount of $415.00.
Satisfaction of Judgment, Case No. 89-1708-CFA, Jose Angel Romero, in the amount of $250.00.
Accounts Allowed/Assessments/Subdivisions
Highland Lakes Subdivision
Marshall H. Gaard $222.96
Lakeview Heights
Davis T. & Jill W. Bradberry $1,403.45
Harriet L. Brown 1,085.77
Mt. Plymouth
Paul W. Westfall, Sr. $ 643.20
Carl L Evelyn Chapo 1,491.98
South Corlev Island
Tommy G. L Susan M. Neal $1,592.63
Astor Forest Campsites
Walter A. L Wilma A. Wright $1,627.60
Lawrence & Donna Soboto 994.20
Reports/Water Resources
Request to acknowledge receipt of Annual Financial Report for FY 1988-89, as well as copy of Auditor's Report prepared by Greenlee, Kurras, Rice L Brown, P.A., for Oklawaha Basin Recreation and Water Conservation and Control Authority, in Lake County.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Libraries/Municipalities
Request purchase of three CLSI Bibliofile interfaces, and three support units, for Eustis, Clermont and Mount Dora Libraries, in the amount of $25,050.00 (from LSCA Grant Funds).
Accounts Allowed/Contracts, Leases L Agreements/State Agencies
Emergency Management
Request by Division of Emergency Management to accept FY 90 Emergency Management Assistance (EMA) Agreement between State of Florida DOC and Lake County, in amount of $22,240.71.
Fairgrounds/Resolutions
Request by the Lake County Fair Association, Inc. to proclaim Sunday, April 8, 1990, Doyle E. Conner Day.
Planning L Development/Subdivisions
Request for preliminary plat and construction plan approval of Lake Yale Landings.
Accounts Allowed/Subdivisions/Planning L Development
Request for final approval of Silver Lake Forest Plat, and to accept an Irrevocable Standby Letter of Credit, in the amount of $55,825.00 for construction of improvements.
Roads-County & State/Resolutions
Request to accept Rachel Lane #4-6695 into the County Maintenance System.
Road Closings - Permission to Advertise - Petition #597
Request to advertise Road Vacation Petition No. 597 for Robert Stetler, c/o H. D. Robuck, Jr., to vacate utility easements, Pennbrooke, Leesburg Area.
Road Closings - Permission to Advertise - Petition #598
Request to advertise Road Vacation Petition No. 598 for Swiderski Enterprises, to vacate unnamed road and lots, Silver Lake Estates, Leesburg Area.
Accounts Allowed/Road Projects
Request to accept Change Order No. 2 to Project #l-90, SR-19 and C-48 Intersection Improvements, in the amount of $2,173.00.
PLANNING & DEVELOPMENT/RESOLUTIONS
Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that the Board of County Commissioners has appointed a census liaison to the U.S. Bureau of the Census, cooperated with that Bureau on all census activity, appointed a "1990 Census Complete Count Committee to promote the census, and provided staff support for the Committee's activities. It is the consensus of the Committee that the Board adopt the proposed proclamation, in the furtherance of its census promotion program.
At this time, Mr. Swanson read the Proclamation to the Board.
Mr. Scott Hindman, Vice-Chairman of the Census Complete Count Committee, appeared before the Board and stated that, for every person that is not counted in Lake County this year, the County will lose approximately $468.00 in State and Federal Funding for the following year. If the County has the same number of people counted in 1990, as it did in 1980, the first year the funds are allocated, Lake County will lose three million dollars.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to adopt the Proclamation declaring April l-7, 1990, as "Census Awareness Week".
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Ms. Annette Star Lustgarten, County Attorney, informed the Board that items #9 and #10 under the Administrative Services/Budget requests, needed separate motions, due to resolutions being passed.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved Tabs 1-8, under Administrative Services/Budget for the following budget transfers:
Accounts Allowed/Budget Transfers/Public Works
Federal Revenue Sharing Fund, Public Works Department, Recreation Division, budget transfer, in the amount of $68,294.00.
General Fund, Public Works Department, Recreation, budget transfer, in the amount of $5,000.00.
Road Impact Fees Fund, Public Works Department, Roads Division, budget transfer, in the amount of $150,000.00.
Accounts Allowed/Landfills/Environmental Services
Budget Transfers
Landfill Fund, Environmental Services Department, Maintenance Division, budget transfer, in the amount of $20,000.00.
Landfill Fund, Environmental Services Department, Waste Disposal Division, budget transfer, in the amount of $213,746.00.
Accounts Allowed/Courts-Judges/Budget Transfers
Fine and Forfeiture Fund, Judiciary Department, Bailiffs Division, budget transfer, in the amount of $15,000.00.
Fine and Forfeiture Fund, Judiciary Department, Bailiffs Division, transfer of funds, in the amount of $7,000.00.
Fine and Forfeiture Fund, Judiciary Department, State's Attorney Division, budget transfer, in the amount of $5,000.00.
ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS/BUDGETS
RESOLUTIONS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Resolution to amend the Northwest Fire District budget, to reflect an increase of $38,438.00 in revenue, due to unanticipated receipt of insurance proceeds for damage to a tanker.
ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS/BUDGETS
RESOLUTIONS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Resolution to amend the General Fund budget, to reflect an increase of $4,316.00 in revenue, due to unanticipated receipt from Northwest Lake County Hospital Tax District, to be appropriated for the purchase of a computer.
COUNTY EMPLOYEES/INSURANCE
Mr. Gerry Jacobs, Risk Manager, appeared before the Board to discuss the selection of a vendor for the Prescription Card Service for the County. Mr. Jacobs stated that the recommendation involves the acceptance of the proposal from Mail Scripts, Inc. for a supplemental drug service that can be used in addition to any plastic card, and the proposal from Script Card, Inc., which can save the County about 6% on drugs compared to PCS, as well as deliver the cards on time.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the recommendations made by Mr. Jacobs, to accept the proposal from Mail Scripts, Inc. and Script Card, Inc..
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to encumber $34,189.81 for the Correctional Services Group blanket purchase order.
ACCOUNTS ALLOWED/BIDS/GRANTS/AMBULANCE-HOSPITAL DISTRICTS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award County Bid No. 030-765-090, EMS Matching Grant No. LP230 (UHF Repeater Systems and UHF Hospital Emergency Room Remotes) to Motorola Communications, in the amount of $149,962.00, based on the recommendations made by the staff and consultant.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise for bids on C-44/C-452/C-452A (New C-44) and SR-19/C-452 (New C-44) Intersection Improvement Design-Build Construction Lump Sum Project No. 10-90, having an estimated cost of $300,000.00, utilizing impact fees.
ACCOUNTS ALLOWED/ASSESSMENTS/BIDS/SUBDIVISIONS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for a special assessment project, in the Palms Mobile Home.Estates, at an estimated cost of $54,782.50.
ROAD CLOSINGS - PERMISSION TO ADVERTISE - PETITION #599
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise Road Vacation Petition No. 599, to vacate portion of Plat, Woodhaven Subdivision, City of Tavares. Mr. Stivender stated that the northern portion of the property is being purchased by the School Board.
It was noted that the western boundary line of the property to be vacated cuts through portions of platted lots in the Woodhaven Subdivision. If approved, this vacation will leave remnants of lots on the western side of this boundary line. An accurate land survey may show that remnants of other lots, not shown, may be created as a result of this vacation.
Mr. Stivender stated that there was concern with the lot line, with staff considering running the lot line along the east side, which proposed problems with the School Board, because of some rights-of-way questions.
It was noted that the platted lots lying west of the western boundary line of the property to be vacated will continue to have legal access by a platted roadway along the west line of the
Woodhaven Plat.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she had spoken to the attorney representing a property owner, who decided not to join in the request for vacation of the entire plat, because there are two lots that have not been acquired. She stated that there are questions regarding ownership. Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request and stated that the issue has been reviewed by staff, and that there may be potential cause for litigation, should the property be vacated. He further discussed the County providing a turn around, and the right-of-way requirement.
Mr. Fred Morrison, Attorney representing the School Board, stated that, if the problems are not resolved, the property will not be purchased. Mr. Morrison stated that they were unaware of the problems until the title research, and after the other contingencies were met.
Mr. Al Thelen, County Manager, stated that the staff reviewed the possibly of advertising the properties' line site, as shown, because of the School's need to expedite, with the problems being worked out.
Mr. Morrison stated that he discovered, through the title research, that there were platted lots of the property, which were sold to them as acreage. He questioned what benefit there is in reserving the whole lots.
Ms. Lustgarten suggested advertising to vacate the entire plat and having them submit a corrected legal prior to the public hearing, with everyone being notified. No one present wished to speak in opposition to the request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to advertise for the vacation of the entire plat, with the applicant supplying a legal description on the smaller amount of property to be vacated, which will be on the westerly side of the School Board's property line.
ROAD CLOSINGS
PETITION #577 - Revest 11, Inc. - Mt. Plymouth Area
Mr. Jim Panico, Attorney representing the applicant, was present to discuss the request.
Mr. Leonard Phillips, representing himself and his wife, Georgia, who are property owners in the immediate vacinity, appeared before the Board in opposition to the request. Mr. Phillips presented an overall background of the development in the Mt. Plymouth area, and stated that the County should continue to pave all of the roads. He was opposed to closing the roads, or any other roads that would stop traffic in this area.
Mr. Panico stated that he basically agrees with Mr. Phillips, except that these roads are not through roads, but actually dead ends into the property. These roads will be replaced with other roads that will be paved.
Ms. Nancy Simonoski, Pre-Design, Inc., appeared before the.Board and stated that she owns property directly across from Fairway Number One, and is concerned with the request for vacation, because she purchased property that reflects golf course frontage. Should the request be approved, she will no longer have golf course access. She further stated that Mr. and Mrs. Metts sent her a letter asking that she express their opposition to the request.
Commr. Windram made a motion, which was seconded by Commr. Gregg to approve the request for Road Vacation, Petition No. 577, Revest 11, Inc., Mt. Plymouth area, as advertised.
Commr. Swartz suggested that the applicant let the adjacent property owners know of the plans for the development of the property, and questioned a portion of the road vacation.
Mr. Stivender stated that the PUD is being reviewed with staff right now, and will be advertised for public hearings.
The Chairman called for a vote on the motion, with the motion being carried.
Commr . Swartz and Commr. Bailey voted "no".
PETITION #592 Waterman Memorial Hospital Assoc., Inc.
Zebulon L. Osborne, President - Umatilla Area
Ms. Maggie Evans, Attorney representing Waterman Memorial Hospital Association, Inc., appeared before the Board to discuss the request.
Mr. Don Murray appeared in opposition to the request, and questioned the type of development that would be planned for the property.
Ms. Evans stated that the applicant acquired the property through a charity donation, and the purchaser of the property plans on developing nice homes.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved the request for the Road Vacation, Petition No. 592, Waterman Memorial Hospital Association, Inc., Zebulon L. Osborne, President, Umatilla area, as advertised.
Commr. Windram was not present for the vote.
PETITION #593 David & Vivian Dwelley - c/o Samuel R.
Pennington, P.A. - Leesburg Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Road Vacation, Petition No. 593, David and Vivian Dwelley, c/o Samuel R. Pennington, P.A., Leesburg area, as advertised.
PETITION #595 Rufus B. Ward - Leesburg Area
Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that this petition came before the Board in 1988, and was turned down. He stated that Mr. Ward owns five lots, with the easement severing the lot that he has proposed to purchase.
Mr. Rufus Ward, applicant, appeared before the Board and stated for the record that his application was not turned down in 1988, but was withdrawn primarily for two reasons. He stated that it was his understanding that the property would be sold, with the purchasers having no objection to closing the road. Mr. Ward discussed the fifteen foot easement, which goes into a swamp area, and the environmental report. He stated that the lots were subdivided into five residential lots, with a fifteen foot easement, and requested the vacation, in order to sell as a residential lot. He stated that the original piece of property was 350 feet, with him purchasing an additional 150 feet, with the property being divided into 100 foot lots.
Mr. Dewey Burnsed, Attorney representing Mr. Bill Madock, appeared before the Board and presented a plat showing the applicant's property, and Mr. Pringle's property. Mr. Burnsed
stated that this is a platted dedicated access and is the only access to their property, and requested that the vacation be denied.
Mr. Jack Berger, representing Mr. Pringle, appeared before the Board and stated that Mr. Pringle opposes the vacation.
Mr. Ward discussed the access that is available to Mr. Madock and Mr. Pringle, with Mr. Berger stating that there is no connection between these lots.
After discussion regarding the prescriptive easement, Commr. Gregg made a motion, which was seconded by Commr. Swartz, to approve the request for Road Vacation, Petition No. 595, Rufus B..Ward, Silver Lake area (Leesburg), as advertised.
Commr. Swartz stated that he did not feel that fifteen of the access, and that the thirty feet across the wetland is practical County is not going to build through there.
The Chairman called for a vote on the being carried motion, with the motion Commr. Windram and Commr. Bailey voted "no".
PETITION #596 James P. Loflin - Astatula Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 596, James P. Loflin, Astatula Area, as advertised.
RECESS & REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess for five minutes.
COMMITTEES/MUNICIPALITIES/ORDINANCES
Mr. Fred Yowler, President of the Lake County League of Cities, and member of the Eustis City Commission, appeared before the Board and stated that both passed in motion, to recommend to the Lake County Commission that they pass a countywide ordinance that would promote safety and security for convenience store employees at their place of employment. At this time, Mr. Yowler read the following from the Convenience Store Ordinance Committee Report:
The Committee met on two occasions. Invited to speak to the Committee were Mr. Ed Thomas of Miller Enterprises/ Handy Way Food Stores and Captain Liff of the Lake County Sheriff's Office.
The Committee, as a whole, had a real problem weighing the two sides: (1) Municipal Government involving themselves in the way local merchants choose to run their businesses, and (2) the safety of citizens working in establishments.
Recommendations of the Committee, if an ordinance is considered:
(1) Any Ordinance of this type should be countywide and should include
(a) 35 mm cameras for identification purposes
(b) Lighting of all sides of the premises
(c) Limited signage requirements
(d) Drop safes and cash flow provisions
(e) Robbery deterrent training program
(f) And any consideration of requiring two (2) clerks should pertain to any business opened in the hours determined to be hazardous.
At this time, Mr. Gallard discussed the safety measures that have been government instituted, and the ordinance passed by Gainesville, Florida.
Mr. Thelen stated that he questioned did the Committee and the Board, collectively, recommend specifically on the two clerk, or the progression of the items listed. He understood that the Board accepted and voted unanimously on the Committee's report, with Mr. Gallard confirming.
Captain Eric Liff, Lake County Sheriff's Department, appeared before the Board in favor of the proposed ordinance. He stated that the Sheriff's Department is also in favor of the two clerks for all businesses, during the target hours (10 p.m. - 6 a.m.), due to the facts making for a stronger argument. Captain Liff discussed statistics from the City of Gainesville and Alachua County.
Mr. Ed Thomas, representing Miller Enterprises/Handy Way Food Stores, appeared before the Board and stated that they are not opposed to convenience store security, and are not speaking in opposition. At this time, Mr. Thomas addressed the overall problem of crime, and stated that they support anything that can be statistically proven to reduce the crime rate, and to help provide a safer work place in the stores. He further stated that he would like for the Board to utilize a group that has already been established in Lake County to examine convenience stores, The Florida Food and Fuel Retailers. He stated that they do not feel that there is justification that multiple employees have significant impact on reducing robbery, nor the plexiglass enclosures. Former Police Chief Jerry Wilson of Washington D.C. was commissioned by the National Association of Convenience Stores to study the Gainesville ordinance. He stated that the summary indicated that the main reason the robberies were reduced was not because there were two clerks on duty. Mr. Thomas further stated that Alachua County passed a similar ordinance without requiring two clerks, and experienced the same reduction in crime. He stated that Gainesville is not a good statistical area for Lake County to consider. Mr..Thomas stated that he can supply the Board with other studies for review.
Commr. Swartz stated that he has conducted a study of his own, which consisted of talking with employees of convenience stores and the customers, with both saying that they would be more secure with additional employees.
Mr. Thomas stated that no information has been supplied that shows safety in numbers, and should this information be supplied, he will voluntarily place additional employees in the stores. He further stated that they do not feel that government has the right to tell business entities how to do staffing and hours of operation, if there is not justifiable reasons and cause to do so.
Mr. Jack Kirkpatrick, Quality Petroleum, appeared before the Board and stated a need for tight money control. He further stated that he did not feel that multiple clerks will detour the problems.
Ms. Lustgarten stated that the City of Lake Mary and Seminole County have adopted an ordinance pertaining to this issue, with Seminole County not restricting to convenience stores, but late night businesses, stores and operations. The City of Lake Mary also talks about retail sale establishments. Seminole County exempts grocery stores, etc., from the requirements, and only minor requirements would apply to restaurants that were open, as far as having two clerks on the premises. They both also incorporate many of the other provisions, such as lighting, cash control, surveillance camera, etc. She further stated that the Seminole ordinance does require two employees between 9 p.m. and 5 a.m., or until such time that particular business may close, or as an option, a bullet resistant enclosure with remote control mechanism so that all of the doors can be locked. There is also a $100 limit on cash, and the lighting is somewhat different. These two ordinances are enacted and in force.
Mr. Thomas stated that he also had a summation from Volusia County, that he will leave with the Board for review.
Commr. Gregg recommended that the Board adopt all of the security and environmental measures that the Committee, with the League, have recommended, with exception of the two clerk requirement (a through e).
Commr . Bakich stated that he would like to see included in (e) robbery deterrent training program to a have a minimum of an annual basis.
Commr. Swartz stated that he felt the Board needed to go further than these conditions and suggested supporting going further with the two clerk requirement.
Commr . Bailey stated that, because the Sheriff proposes that the requirement for two clerks be considered, the Board ought to consider more than (a) through (e).
Commr. Windram and Commr. Bakich concurred with Commr. Gregg's recommendations.
Mr. Thelen stated that the draft form of an ordinance will be brought back before the Board on April 10, 1990.
ACCOUNTS ALLOWED/ANIMAL CONTROL/COMMITTEES
Mr. Lonnie Strickland, Director of Health and appeared before the Board and introduced the members Control Review Committee to the Board.
Mr. Richard S. Thompson, Chairman of the Committee, General Services, of the Animal appeared before the Board and discussed the following recommendations being made by the Committee:
1. Implement euthanasia by injection as the sole method.
Begin on a limited basis as soon as possible.
2. Accomplish necessary modifications to existing facility.
3. Purchase required equipment and add staff.
4. Obtain services of a veterinarian and acquire related documents/authorization for use of tranquilizers.
5. Provide recommendations on policies and procedures in the final report.
6. Construct a new animal control facility within two years.
Dr. Thompson presented a diagrahm of the Animal Control facility and discussed the changes being proposed. He stated that the current Animal Control budget reflects funds available in the amount of $30,000.00. This includes the one-time expenditures and the annual costs, pro-rated for the one-half of the current budget year remaining for the services of a euthanasia technician.(additional employee) and the injection supplies.
Commr. Windram discussed the increase received in the 1989-90 budget for Animal Control, with Ms. Frankie Thorpe informing the Board that three new employees were hired in this budget, for a total of ten full time employees. Commr. Windram stated that there was an increase to the budget, in the amount of $109,000.00.
Dr. Thompson suggested starting the program, and reviewing it at the end of the year, in order to determine whether or not the additional person is needed.
Commr. Swartz stated that the additional monies in the budget was used for additinal vehicles. He stated that he would like to see the Animal Control Ordinance brought back before the Board, and the development of a Citizens Review Committee to review the area of animal control.
Dr. Thompson discussed #4 of the recommendations pertaining to the related documents/authorization for the use of tranquilizers. He stated that the County has already acquired the necessary Federal permit required to purchase the euthanasia solution, but would like the County to have some tranquilizers to use, in case of injured animals that need to be transported, or fractured animals. He stated that the State and Federal permit will require that a veterinarian be required to oversee the use of the tranquilizers, in order for the County to even obtain a permit. He suggested that the County Attorney develop a contract between a veterinarian and the County.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to adopt the recommendations made by the Animal Control Review Committee, as stated above.
ACCOUNTS ALLOWED/EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
GRANTS/STATE AGENCIES/APPOINTMENTS-RESIGNATIONS
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to make application to be the Designated Official Planning Agency, under the Transportation Disadvantaged Commission, Florida Department of Transportation, and to be eligible for $30,546.00 in grant monies.
Mr. Swanson stated that the County can appoint the Lake County Planning and Development Department, or the East Central Florida Regional Planning Council, as the agency.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for the County to make application to be the Designated Official Planning Agency.
MUNICIPALITIES/PUBLIC WORKS
Mr. John Swanson, Director of Planning and Development, informed the Board that the City of Mount Dora has been chosen as a site for movie filming by Universal Studios, and has requested that the County sanction the closing of certain streets.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the City of Mount Dora, as stated by Mr. Swanson.
APPOINTMENTS-RESIGNATIONS/AMBULANCES-HOSPITAL DISTRICTS
COMMITTEES
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following appointments to the North Lake County Hospital District Board of Trustees:
Bill Furnas Dr. Maurice Berger
Verdual Hamlin Ted Bowersox
Ray Terry Reverand Terry Jackson
STATE AGENCIES
Commr. Bakich informed the Board that it has received notification from the U.S. Forest Service of the possible purchase of a tract of land in Silver Glen Springs. He stated that he felt it was the consensus of the Board that the purchase should be pursued.
No action was taken by the Board.
RECESS & REASSEMBLY
At 12:10 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.
REZONING PETITION #243-89-2 A to MP Kyle & Ruth Craig
Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that a 90 day postponement had been granted December 19,.1989, in order to allow staff adequate time to address the ordinance, in order to allow this type of business to be located in the agricultural zoning district with a CUP. Staff has not completed the research, and recommended, along with the County Attorney, a 90 day continuance.
Mr. Kyle Craig, applicant, appeared before the Board and stated concerns with the franchise fee, with staff stating that it will communicate with Ms. Claire Bartlett, Solid Waste Operations Manager, on this matter.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to MP (Planned Industrial), for 90 days, June 19, 1990.
PETITION #253-89-4 A to RR Genesy's Corporation
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that this request involves 190.01 acres, and that the property is high and dry, and that there is nothing indigenous or environmentally unsafe about the property. He further stated that it is compatible with the surrounding RR zoning. Mr. Richey stated that this was filed prior to the moratorium, and prior to the amendments to the Comprehensive Plan.
Discussion occurred regarding the Wekiva Protection Area, with Ms. Annette Star Lustgarten, County Attorney, stating that the request was filed prior to the moratorium, and can proceed forward, based on the prior regulations.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to create one acre (minimum lot size) single-family residential homesites.
Commr. Swartz and Commr. Bailey voted "no".
PETITION #208-89-4 A to RR Jon Hall
Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that the staff had recommended a positive approval of this request. Ms. Bonifay stated that the reasons sited by staff are the same reasons that she would propose, if this was approved to RR zoning. She stated that the request is compatible to the surrounding acreage, and at this time, read the recommendations made by staff. She presented to the Board a map with a clearer view of the surrounding zoning and development and density that already exists in this area. Ms. Bonifay stated that, if it is the Board's determination that it does not want to recommend RR zoning, she would suggest rezoning all of the property to RR, less the south 225 feet, and have the south 225 feet rezoned to AR, with 2/l/4 acres lots. Access will be internal, with no cuts being on Wolf Branch Road.
Mr. Randy Chavers appeared before the Board and stated that he lives across the street from this property, and he, along with Mr. Tisdale and several others, oppose the request for RR zoning, for one acre residential homesites. Mr. Chavers stated that he would be comfortable with the 2 l/4 acre lots. He discussed previous action taken by the Board where it approved two one acre lots fronting Wolf Branch Road, and felt the Board had set precedent by doing so. Mr. Chavers stated that he feels the County is encroaching upon what the area had been set aside for in the land use plan, to keep an agricultural buffer zone between the Sorrento node and Mount Dora.
Mr. Wilson Sheppard appeared before the Board and stated that he has a conflict of interest, because he is one of the trustees that holds a mortgage on this property, and also owns ajoining property. Mr. Sheppard discussed the surrounding zoning, and stated that the majority of the property is agricultural. He further stated that this property is three miles from the Mount Dora Country Club.
Mr. Jim Chablin appeared before the Board and stated that he owns the 30 acres to the northeast that borders the property, and that he could support the 2 l/4 acres throughout the property, but that it would be very discreminatory to place 2 l/4 acres along Wolf Branch Road, and one acre lots by his property.
Mr. Reggie Tisdale appeared before the Board and stated that he supports the 2 l/4 acre rezoning for the total acreage of property..MS. Bonifay stated that the request for RR zoning is consistent with the Comprehensive Plan, and that there is a policy for expanding the urban node, and the Plan says that low density residential is consistent in areas surrounding the node. LOW density goes up to 2.78 units per acre, and the request is for less than one unit per acre, even with RR zoning. She stated that the development plan the applicant has proposed consists of less than a unit per acre, or . 68, which is less impact, low density residential, and there are no adverse impacts to the environment, or to the transportation system. Ms. Bonifay urged the RR zoning, which is compatible.
Commr. Windram made a motion, which was seconded by Commr. Swartz, to approve 2 l/4 acre lots for the entire parcel of property.
Commrs. Bailey, Bakich and Gregg voted "no".
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved 2 l/4 acres lots on the south 225 feet in AR (Agricultural Residential) zoning, with the balance of the property being zoned for RR (Rural Residential).
Commr. Windram and Commr. Swartz voted "no".
PETITION #8-90-3 A to PUD Magnolia Service Corp.
Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that the site shown has been advertised, but that he would like to bring the small parcel back to the Board to add to this parcel, at a later date. It had been deleted out of this request.
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. At this time, he reviewed the waivers recommended by the Planning and Zoning Commission. Mr. Richey stated that this will be a development of 400 homes over a period of five years. He stated that the applicant has no problem voluntarily paying the school impact fee ($150.00 per residential unit). This was based on the Hernando County study for impact fees.
Mr. Richey further stated that there were two changes made to the transportation element, which involved more right-of-way on Highway 50 (17 l/2 feet), and extending the right-of-way at the western property line, for future connection hookup to Black Still Lake Road, which was agree upon. At this time, Mr. Richey discussed surrounding PUD's in agricultural zoning. Mr. Richey stated that the central water will be bought from Greater Central Water Systems. He further stated that there were positive recommendations from staff for the waivers and for the PUD. Mr. Richey stated that the deleted area of property is an old clay pit, once owned by the County, and will be reclaimed for the overall operation.
Mr. David Black appeared the Board and stated that he owns agricultural property across the road from the property being discussed. He stated that, with the development of the proposed
project, it will put an end to agriculture.
Mr. Dick Stokes appeared before the Board and stated that he lives down the road from Mr. Black, and that he also owns agricultural land. He discussed the well-being of Lake County and the need for five more new schools in south Lake County, after the development of the projects already being constructed. He questioned where the money will be coming from, since the school bond was defeated. Mr. Stokes stated that the County needs to wait until the infrastructures are built to go along with the developments.
Mr. John Blanchard appeared before the Board in opposition to the request. He stated that he is a neighbor of Mr. Blacks. Mr. Blanchard discussed the development activity in this area of the County. He addressed the reasons that Planning and Zoning denied the request for the PUD. He stated that there had been a lot of discussion regarding the septic tank situation, and felt that the Board should be aware of the reasons for recommending denial of the request.
Mr. Richey addressed the septic tank issue stating that the site plan before the Board has all of the lots that are contiguous the lake being 15,000 plus, and has been made a condition to the PUD. The septic tanks have been placed in the front yards, which was advised by the engineer. Mr. Richey stated that the 1.9 units per acre will allow for low density. He further stated that the level of service on Highway 50 is "A", and the waivers are reasonable, in relation to the density.
Ms. Annette Star Lustgarten, County Attorney, stated that the condition regarding the school impact fee can be written into the PUD, with Mr. Richey stating that he has no problem with this, to pay $150.00, or whatever the impact fee will be, once it takes effect.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission, to deny the request for rezoning from A (Agricultural) to PUD (Planned Unit Development).
Ms. Lustgarten reminded the Chairman that there are two waivers that needed to be addressed separately.
Under discussion, Commr. Swartz stated that 1.9 units per acre is not compatible with the development of agricultural enterprises in this area.
Commr. Gregg stated that the corridor between Winter Garden and Clermont is a natural growth corridor, and will be filled up with these type of densities in the future.
Commr. Bailey stated that, if the Board was going to consider approving this request, it should be at least for RR (Rural Residential) zoning.
The Chairman called for a vote on the motion. The motion died, with Commrs. Windram, Bakich and Gregg voting "no".
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board approved the waiver of Sec. 70.290 of Lake County Zoning Regulations, to allow a setback of 15 feet from the line abutting any intersecting street for lots greater than 75 feet wide.
Commr. Bailey and Commr Swartz voted "no".
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to deny the waiver of Sec. 70.281 of the Lake County Zoning Regulations, to allow septic tanks on lots less than 12,500 square feet, as recommended by the Planning and Zoning Commission.
The motion died, with Commrs. Gregg, Windram, and Bakich voting " no " .
On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the waiver of Sec. 70.281 of the Lake County Zoning Regulations, to allow septic tanks on lots less than 12,500 square feet.
Commr. Bailey and Commr. Swartz voted "no".
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to amend as follows: "IV - Transportation Improvements - #2. "An additional 17-l/2 ft. of right-of-way..."; #5. Extend the right-of-way at the western property line for future connection hookup to Black Still Lake Rd."
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), as amended, and to include the language of a $150.00 minimum school impact fee.
Commr. Bailey and Commr. Swartz voted "no".
PETITION CUP#90/2/2-5 CUP in RR Juan Adriatica
Mr. Juan Adriatica, applicant, appeared before the Board and stated that this parcel of property is heavily wooded and selectively underbrushed. He stated that it is located in a sparsely populated area, with the closest dwelling, to where the actual hunting will be taking place, being approximately l/2 mile away.
Mr. Don Gages appeared in opposition to the request. He stated that the parcel of property is located at the end of road. On this road lives eleven families. Mr. Gages stated that this is not a remote area, but is surrounded by agricultural property housing cattle ranches. He discussed the RV's, and stated that the density is against what should be developed in this area. Mr. Gages stated that a petition had been presented with 100% of the people in the area in opposition to the request, and requested that the Board deny the rezoning.
Mr. 0. M. Clemons appeared before the Board and stated that he.lives at the end of the road and owns 1,006 acres on one side. Mr. Clemons stated that the wild bore would destroy his cattle, and he is totally against the proposal.
Mr. Adriatica stated that he purchased the property about eight years ago, and erected towers that are 40 feet in height. He stated that the closest dwelling to the hunting would be l/4 of a mile, with the site being completely fenced. To further insure that the hogs will stay on the property, he has made steps to provide for electric fencing.
Commr . Bakich stated that he has a problem with a CUP in RR (Rural Residential), and that he is not sure that the size of the property is condusive to what the applicant has proposed. Commr . Bakich further stated that, in a CUP, there is no process where deference is made to allow a permitted use for an RV in RR zoning. Therefore, he stated that he could not support the request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in RR (Rural Residential), for a hunting and fishing resort, with self-contained RV's.
PETITION #14-90-5 RR to RA Reginald & Bethany Moon
The applicants were present to discuss the request with the Board.
No one appeared in opposition to the request for rezoning.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RA (Ranchette), to place a mobile home on the property.
Commr . Gregg was not present for the vote.
PETITION CUP#90/2/5-5 CUP in A James Barnard
Mr. James Barnard, applicant, was present to discuss the physical training for the horses, and the certified courses for police officers. At this time, he also discussed the location of the site and the structures that will be placed on the site.
No one appeared in opposition to the request for rezoning.
Mr. John Weatherford, Attorney representing the applicant, appeared before the Board and stated that a letter was on file from the Methodist Church approving the rezoning request. He further stated that staff had recommended a dedication of 33 feet of right-of-way on Demko Road. He further stated that there is a chain link fence, which is the whole length of the property, on the 25 foot line of right-of-way. Mr. Weatherford requested that the County not require the dedication of the additional eight feet, in order for the applicant to avoid the expenses involved in relocating the fence.
Ms. Annette Star Lustgarten, County Attorney, stated that an easement could be granted, in order for the applicant to leave the fence in its present location, until such time the County needs the additional footage, and at which time the applicant will have to remove it at his expense. It was noted that the applicant would not have to come back through the CUP process to accomplish this agreement.
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 a CUP in A (Agricultural), for a riding academy with residences for the owner and security purposes and six (6) RV hookups, and being subject to an easement to permit the fence to remain in its present location, under terms stated above.
PETITION CUP#90/2/4-5 CUP in RR William R. Jennings
No one present wished to discuss the request with the Board.
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 the request for a CUP in RR (Rural Residential), to permit the establishment of a home occupation for a mail order business.
PETITION #16-90-4 C-l to CP with C-2 uses Patrick Mooney
No one present wished to discuss the request with the Board.
On a motion by Commr. Windram, seconded by Commr. Swartz and.carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial), with C-Z (Community Commercial) uses, and as amended as follows: to delete 2nd paragraph of "Buffering/Screening: Such buffer shall be required to be six (6) feet in width along the front property line".
Commr. Bailey was not present for the vote.
PETITION #18-90-4 RM to R-l-5 Gary & Michelle Strassner
No one present wished to discuss the request with the Board.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to R-l-5 (Mobile or Mixed Residential), for residential development.
Commr. Windram was not present for the vote.
PETITION CUP#86/10/3A-3 Amend CUP A. Duda & Sons, Inc.
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#86/10/3A-3, to add three (3) additional mobile homes to an approved CUP.
Commr. Windram was not present for the vote.
PETITION #21-90-3 Amend CP Ord. #31-84 & #81-88
Gary I. Sharp
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP Ordinance #31-84 and #81-88, for bulk water sales and bottling plant.
Commr. Gregg declared a conflict of interest, due to representing the applicant as an engineer.
PETITION CUP#90/2/3-3 CUP in A Kenneth & Vivian Camp
Kenneth and Vivian Camp, applicants, appeared before the Board to discuss the request. Mr. Camp stated that he is in the hog business and wants to purchase the back 13.7 acres of an existing hog farm from Mr. Bridges. He stated that the farm has been in existence for 40 years, and directed the Board's attention to the letter from Mr. Bridges, owner of the property, who presently has the hog farm. He further stated that there is presently a lease option agreement, with one of the conditions being that it will be used to operate a hog farm.
Mrs. Camp stated that there are approximately 100 hogs on the property at this time. There is an average of 1,000 hogs per year located on the property, with Mr. Camp stating that there will never be more than 500 hogs at one time on the property. The hogs will be bought to sell.
Mr. David Warren, owner of the property located to the east, appeared before the Board to discuss the existing hog farm. Mr. Warren stated that a petition was filed with the County in
opposition to the request. He further stated that he is not in opposition to the existing farm owned and operated by Mr. Bridges, or the tranfer of ownership of his hog farm. Mr. Warren stated that the request is for a complete new hog farm on the back side of Mr. Bridges's property, which has never been a hog farm. He stated that . this is a low area that contains water, and that two creeks come through this area and flows into Lake Apopka. He stated that he does not think allowing a new hog farm is compatible to the area. The original hog farm is contained to an 8-10 acre site on County Road 455. This request is not for an expansion of this farm.
Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that the 25 original acres was grandfathered in.
Ms. Alice Grimes appeared before the Board and stated that Mr. Bridges has had his hog farm on the property since she moved here in 1965, and that the request is for a separate piece of land, to be used for another hog farm. She discussed the amount of hogs being proposed to be on the property, and stated that this is considerably more than Mr. Bridges has ever raised on his property. She also discussed the property being in the St. Johns River Water Management District, and the draining of the property into Lake Apopka.
Commr. Swartz stated that he would be willing to postpone the.request for 30 days, in order that the staff review the land in more detail.
Mr. Warren stated that Mr. Terry Cournyea, Lake Agricultural Center, has done an on-site inspection of the property, and feels there is absolutely no possiblity of runoff contamination.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to postpone for 30 days, the request for a CUP in A (Agricultural), for a hog farm.
Commr. Windram was not present for the vote.
Mr. Richard Roof, Pollution Control, recommended that staff have Mr. Cournyea appear before the Board to review his report made on the property.
Commr. Swartz also requested that Mr. Rod Schultz, Pollution Control, look at the property, from the wetlands standpoint.
PETITION #17-90-2 A to AR Jimmy R. Peacock
The applicant was present to discuss the request with the Board.
No one appeared in opposition to the request.
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 (Agricultural) to AR (Agricultural Residential), to construct 2 l/4 acre residential homesites.
Commr . Windram was not present for the vote.
PETITION CUP#90/2/1-2 CUP in A Robert & Mary Creasy
The applicant was present to discuss the request with the Board.
No one appeared in opposition to the request.
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 a CUP in A (Agricultural), to allow a dog obedience training class.
Commr . Windram was not present for the vote.
PETITION #22-90-2 A to PFD Tex A. Merritt
Mr. Ted Wicks, Wicks Consulting Service, representing the applicant, appeared before the Board to discuss the request. He stated that he prepared a brief informational packet for the Board members to review. He stated that, in early 1989, Mr. Merritt started developing the airstrip, to be used for his own private recreational use, and based on the information available to him at that time, the private landing area would not need permitting. However, in March, 1989, the County received a complaint, with a report being made to Code Enforcement. After an investigation was made by the County, the complaint was cleared, with no other violations being found. In July, 1989, Mr. Merritt was contacted by the Florida Department of Transportation (FDOT) regarding the use of the airstrip. In August, 1989, FDOT officially notified Mr. Merritt that the landing strip would need to be properly licensed, and that use should cease until such time it was property licensed. Mr. Merritt complied with the requirement, and contacted Mr. Wick's office to assist him in the permitting of the landing strip. In September, 1989, Mr. Wicks obtained from FDOT the licensing package containing the application form. One of the requirements is to obtain from the County a local zoning clearance. A letter was written with correspondence being received from the County stating that, based on the Land Use Code at that time, the landing strip was considered as an airport, and Mr. Merritt would have to apply for a Public Facilities District (PFD) zoning. In January, 1990, Mr. Merritt petitioned for the PFD. Mr. Wicks stated that Mr. Merritt has been in direct contact with his immediate neighbors, and has
letters of no objection from each of the adjacent property owners. Mr. Wicks then discussed the location of the airstrip. Some of the property lies on the Valentine property, and leases have been obtained for that portion. Mr. Wicks stressed that, from a land standpoint, this proposal is essentially a private strip, and is not real comfortable with having to apply for a PFD, because the applicant has no intention of making this a public airstrip. He further stated that conditions have been placed in the PFD that this must remain private, and that it will not be used commercially, and under the licensing procedure with FDOT, no one can land on the.strip without Mr. Merritt's direct consent. Mr. Merritt plans on basing only one airplane at this site. Mr. Wicks stated that Mr. Merritt has no problem with it being classified as a private strip, based on the Florida Statutes definitions and restrictions that apply.
Ms. Annette Star Lustgarten, County Attorney, stated that any change in zoning of this site would have to take place through the zoning process.
Mr. Paul Adkins, landowner of property at the end of the runway, and owner of 85 acres, with 60 head of cattle, appeared before the Board and stated that the airstrip is placed on an angle on the strip of property, therefore, it is angling straight at his property. Mr. Adkins discussed the County definition of an "airport", Article 4, Section 40. Mr. Adkins stated that Mr. Merritt's dwelling is less than 300 feet from the runway.
Ms. Lustgarten stated that the requirement is 300 feet from the nearest right-of-way line, and there would have to be a variance for that distance.
Commr. Swartz stated that, if the request for a PFD is granted, it is subject to being able to meet the requirements of Section 70.10 of the Lake County Code. He stated that the zoning may be granted, but will not be final unless Mr. Merritt can meet the requirements in Section 70.10. Mr. Adkins stated that this is a 1,000 foot landing strip, with power lines, roadway, leaving a balance of 800 feet. This is not an 1,800 foot runway. Mr. Adkins stated that there is a deeded fifty (50) foot easement going across, with five property owners living on the other side, and with this being their only way to get across the property. He stated that the airstrip is crowded into a congested area. He then discussed the use of the airstrip by other individuals and recommended that the strip be relocated on the considerable acreage located to the south. He further stated that the airstrip was constructed last February, and went into operation in May, June, and July, 1990, with it being shut down in July. Mr. Adkins stated that this will affect the value of the property, and the takeoff of the airplanes create a noise factor that is annoying. He stated that he did not feel that recreation is a justifiable use for the landing strip.
Mrs. Cornellia Merritt appeared before the Board and submitted a letter from her husband, Mr. Austin Merritt, in opposition to the request. Mrs. Merritt stated that the airport being proposed will be a risk to her family's health and welfare. She stated that their property is directly in the glide slope of the landing strip. Mrs. Merritt further stated that Mr. Merritt and Mr. Valentine have allowed others to use the airport. She discussed the noise factor, and a storage shed, where the plane will be maintained. Therefore, she felt her property will decrease in value, and requested that the Board oppose the airport.
Mr. Larry King, real estate appraiser, appeared before the Board, at the request of Mr. and Mrs. Adkins, and Mr. and Mrs. Merritt. He stated that both of these homes are within l/2 mile of the airstrip, and are within the flight path. He suggested that the airstrip will have a detrimental affect on the property value of the two homes. He discussed the use of the airstrip, and questioned the number of individuals who will be allowed use.
Mr. Wicks stated that this is the land use hearing, and that there will be a site plan review with staff, and a meeting with FDOT. He stated that the Board will have to determine the height of the takeoff and landing of the planes. At this time, Mr. Wicks presented a petition to the Board, consisting of 76 names, for the record.
Ms. Lustgarten stated that Mr. Merritt will have to meet the distance requirements, which means he would have to go for a zoning variance, prior to final approval. A variance cannot be obtained, until you have a zoning district. She stated that this type of request would be considered on a case-to-case basis.
Discussion occurred regarding placing additional conditions in the PFD, with Commr. Swartz stating that there should be no maintenance on the plane, except for a possible oil change, on the site, and should be written as a minimum condition..Commr. Bailey stated that the PFD should include the use of the landing strip by Mr. Merritt and Mr. Valentine only.
Mr. Wicks stated that Mr. Merritt is the licensee, with Mr. Valentine not being included in the application with the FDOT.
Commr . Bakich stated that he has a problem and concerns with the landing strip being constructed prior to the applicant having knowledge of the rules and regulations.
Mr. Tex Merritt, applicant, appeared before the Board and stated that his brother lives in Georgia and works for the Federal Aviation Authority (FAA), and requested that the Board restrict the use of the landing strip to five or six planes, with only two on the ground at one time. Mr. Merritt stated that he has landed approximately five times in three months.
Mr. Stubbs stated that staff has restricted the strip to one plane, and this would have to be amended.
Ms. Lustgarten stated that, if the Board is going to enact this zoning, essentially the Board will be adopting an ordinance rezoning the property. Considering the fact that the applicant will need to get a variance to comply with the conditions of the code, she suggested that the Board place an effective date, of perhaps three months, or however long it may take to go through the variance process with the Board of Zoning Appeals.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following amendment, under Land Uses: use of the site shall be limited to a private airstrip, classified by Florida Statute 330.27, and that no more than two aircraft utilize the airstrip, or be on the ground at the airstrip, at any one time.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following amendment: that there not be any commercial, or spraying, or agricultural activity.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved an effective date of the ordinance to be 90 days from enactment (June 19, 1990), or upon the granting of variance.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board upheld the recommendations of the Planning and Zoning Commission, and staff, and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), as amended above.
Commr. Bakich and Commr. Bailey voted "no".
PETITION #24-90-2 RR & A to LM Jeffrey A. Rix
Mr. Fred Morrison, Attorney representing the applicant, appeared before the Board and stated that he was present to answer any questions that the Board may have regarding the request for straight zoning, with no plan use for the property at this time.
Mrs. Mary Lee Morrison appeared before the Board and stated that her property borders the property in question. She discussed the definition of LM (Light Manufacturing), and the trucks that travel in and out of the property. Mrs. Morrison also stated that her property retains the rainwater, which improves her pasture. She stated that she will be surrounded on three sides of her property by connected businesses, and that they placed a drainage ditch that dumps into the back side of her property. She stated that she does not object to them having property to conduct their business, but the large trucks do not indicate light manufacturing.
Discussion occurred regarding the surrounding rezoning, with Commr. Swartz stating that with MP (Planned Industrial), the County has control over the site plan and what will be developed.
Mr. Morrison stated that this area is developing primarily industrial, and, if Mrs. Morrison has pollutant violations, she needs to report them to Code Enforcement, but that the complaints do not relate to this particular parcel of property.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) and A (Agricultural) to LM (Light Manufacturing), for industrial type uses.
Commr. Swartz voted "no".
PETITION #19-90-5 R-l-7 to RP Janet Girtron
The applicant was present to discuss the request with the Board.
No one present appeared in opposition to the request.
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 the request for rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential- Professional), to allow the establishment of a quadraplex.
PETITION #54-88A-4 Amend CP Ord. #26-88 Don C. Childers
Company, Inc.
The applicant was present to discuss the request with the Board.
No one present appeared in opposition to 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 the request to amend CP Ordinance #26-88, for the sale of packaged baker products, as amended: Delete Section "C. Buffering/Screening.
PETITION #20-90-3 R-l-7 to RP Morton Aulls, Mary Jane Aulls and Roger Rice
Mr. Steve Richey, Attorney, was present to represent the applicant.
No one appeared in opposition to the request.
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 R-l-7 (Urban Residential) to RP (Multiple-Family Residential-Professional), for the establishment of a law office.
PETITION #25-90-3 A to CP John R. Prickett, Jr.
Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that a site plan has not been filed, as of this time, and discussed the location of the site, in connection with the new school.
Mr. and Mrs. Bruce DeWitt appeared before the Board stated that there should be a letter and petition before the Board in opposition to the request. Mrs. DeWitt stated that they just built a home on Lake Park, and do not want warehouses located in their backyard. She stated that, by developing commercially in this area, the property will be degraded.
Mr. Richey stated that there is water on the back property, and cannot be developed. At this time, he discussed the surrounding property, and stated that the Board can require him to come back with an actual site plan, including buffering along sites 24, 25, and 26, should these lots be developed into residential zoning.
Commr. Swartz stated that he felt the basic problem is approving CP zoning with C-2 uses, without an actual site plan, which will tie the County into C-2 uses, and that he is uncomfortable with the adjoining property being residential zoning. He stated that he could support straight CP zoning.
Commr. Swartz made a motion that the Board approve the staff recommendation for CP (Planned Commercial) zoning, and not allow the C-2 (Community Commerical) uses, at this time, until a site plan and actual uses are made available.
The motion died for the lack of a second.
Ms. Lustgarten stated that the ordinance, regarding CP and MP zoning, which amends the ordinance to permit CP zoning without a site plan, has been continued until next month.
Commr. Gregg made a motion, which was seconded by Commr. Bailey, for the Board to upheld the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-2 (Community Commercial) uses, for a shopping center and mini-warehouses.
Commr. Swartz stated that he did not have complete understanding for the Board wanting to approve C-2 uses, without a site plan.
Commr. Gregg called for the question.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board approved for the closing of the debate on the motion..The Chairman called for a vote on the motion, with the motion being approved, as stated above.
Commr. Swartz voted "no".
PETITION #1390-2 A to PFD City of Leesburg
Mr. Fred Morrison, Attorney representing the applicant, was present to discuss the request.
Commr. Bailey stated that he had expressed to the County Manager that it would be helpful to hold public meetings on issues as such, prior to the rezoning hearing, in order to receive the necessary input from all involved.
Mr. Morrison stated that he had requested numerous amendments to the PFD (Public Facilities District) conditions. He stated that the conditions were received the morning of the Planning and Zoning Commission meeting, after the vote, therefore he is not able to respond to amendments. He stated that the City has operated, for the past eight years, effluent land spreading. The proposed case today involves the Section 8 tract, and the parcel called the Knowles-Thompson tract. The proposal is to do the spraying on the Knowles-Thompson tract, and to reserve the Section 8 for the disposal of underdrainage.
Mr. Henry Sheldon, consulting engineer for the City of Leesburg, appeared before the Board to discuss the 500 foot setbacks on the east boundary, which are required by the Department of Environmental Regulations (DER).
Commr. Swartz stated he understand that the land on Section 8 may be used for a future golf course, and suggested that the applicant try and move further back from Okahumpka. Mr. Sheldon stated that the setbacks could be more than 500 feet, but this would reduce the capacity of useful land for irrigation.
Mr. Morrison stated that, further in the amendments, one item addressed was alternative uses. He stated that the total overall capacity of the site projected into the future has been taken into account in choosing where to put this. One of the alternative uses is using the effluent to irrigate the golf course, or whatever is placed on Section 8. One of the other purposes for Section 8 is to 3/20/90.utilize it as a receiving area for the underdrains, which may need to be installed. Mr. Morrison stated that the applicant had looked at the potential use of surface discharge in wetlands, with the State being favorable to this concept, but received opposition on the local level.
At this time, it was noted that staff and Board members did not have the amendments for review. Mr. Don Findell, Director of Environmental Services, informed the Board that comments were supplied to the Planning and Zoning Commission within the time frame specified. Discussion occurred among staff and Board members as to the procedures used for the distribution of information to the Planning and Zoning Commission and the applicant.
Mr. Morrison stated that he could not reply to the amendments until after the vote made by the Planning and Zoning Commission.
Discussion occurred regarding the process and time frame for the applicant to meet with the State for the application of a State permit.
Mr. Al Thelen, County Manager, stated that this case can be continued until the special meeting scheduled for March 29, 1990, at 9:00 a.m., in order to facilitate communication between the Board, staff and the applicant. Discussion occurred regarding a time convenient for all involved.
On a motion by Commr. Gregg, stated by Commr. Bailey and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for an effluent land spreading operation for the City of Leesburg, until April 3, 1990, at 3:30 p.m.
PETITION #247A-89-2 A to R-l-7 Stanley C. Zipperer
The applicant was present to discuss the request with the Board.
No one appeared in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-l-7 (Urban Residential), to split a 1.96.acre parcel and reconstruct the existing home.
ORDINANCES
Mr. Greg Stubbs, Chief of Development Coordination, requested that the Board postpone, for 30 days, the MP and CP ordinances.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the MP and CP ordinances, until April 17, 1990.
CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY
Ms. Annette Star Lustgarten, County Attorney, stated that the Board has received a copy of the Amendment to the Option Agreement for the purchase of the B.M.K. Ranches, Inc. and M.K. Citrus Limited Partnership, by Lake County, and that the closing is tentatively scheduled for Wednesday, March 28, 1990, and prior to the closing, the Amendment needs to be approved by the various parties. The Amendment corrects the legal description, and reduces the actual purchase price for a very small portion of the property, because of a fence. It does not affect the amount that the County will be contributing, nor the amount the Water Authority will be contributing. Ms. Lustgarten stated she did review the Amendment and finds it acceptable.
Mr. Steve Richey, Attorney representing B.M.K. Ranches, Inc. and M.K. Citrus Limited Partnership, appeared before the Board to discuss the request, which involved a boundary dispute, and has been clarified.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Amendment to Option Agreement between B.M.K. Ranches, Inc. and M.K. Citrus Limited Partnership, as seller and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Trustees") by and through its agent the Division of State Lands ("DSL") of the Florida Department of Natural Resources and Lake County, Florida, as Purchaser, as reviewed by Ms. Lustgarten.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:05 p.m.
MICHAEL J. BAKICH, CHAIRMAN
ATTEST :
JAMES C. WATKINS, CLERK
BCC/TMA/4-2-90