A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 10, 1981

The Lake County Board of County Commissioners convened in Regular Session on Tuesday, March 10, 1981, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude Smoak; James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary Grover.

The Invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Windram.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of March 3, 1981, as amended and corrected.

APPOINTMENTS/PLANNING/ZONING

Commr . Burhans informed the Board he had a list of the members of the Planning & Zoning Commission and Board of Zoning Appeals whose terms had expired.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board reappointed Carl Ludecke, District #5, and James Geddes, District #4, to serve on the Board of Zoning Appeals for a term of three (3) years.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board reappointed Margaret Kelly, District #5, and Frank Kutch, District #5, to serve on the Planning & Zoning Commission for a term of two (2) years.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board reappointed Mr. S. T. Brown, District #2, to serve on the Planning & Zoning Commission for a term of two (2) years.

Commr . Smoak suggested an organizational meeting be held at the beginning of each year when the new Chairman takes over to review all the Boards which are appointed by the Board of County Commissioners, their functions and the memberships on the Boards.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board directed the Clerk to compile a list of all the Boards appointed by the Board of County Commissioners.

PLANNING/ZONING

Mr. Roy Miller, Leesburg, appeared before the Board to discuss the rezoning case #161-80-l, George 0. Pringle, for the Scottish Highlands Mobile Home Park. He felt it would not be proper to place a street by Treadway School. Commr . Carson stated he had seen the proposed plans and there was not a way to get from the proposed subdivision directly to Treadway Road. He stated the only exit was onto C-473 to the east of the property. Mr. Miller also questioned the sewage disposal system for that area and the mobile home park might down grade the value of surrounding properties.

RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized a Resolution be drawn up declaring March 23-29, 1981 as Child Passenger Safety Week.

COUNTY EMPLOYEES/SOIL CONSERVATION

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board directed the Clerk to write a letter of appreciation to Mr. Hal Summers, District Conservationist for Lake Soil & Water Conservation, who has recently resigned.

POLLUTION CONTROL

Mr. Jay Meyer, representing Mr. Wilbert Williams, appeared before the Board requesting a variance from the 50' setback requirement for septic tanks on a canal leading to Lake Eustis.

The Board directed Mr. Meyer to look into the possibility of aqcuiring the land next to Mr. William's property and report back to the Board regarding the request.

BONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for Martha Jones - Cassia Area - District #4, to live in a mobile home on the same piece of property on which her conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for James & H. Irene Hooper - Paisley Area - District #5, to live in a mobile home on the same piece of property on which their conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners.

PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for Maggie K. Conway & Thomas Croker - Lady Lake Area - District #1 -Case #81-7 for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62.

PUBLIC WORKS

Mike Willett, Development & Public Works Director, presented a map outlining the proposed road trip scheduled for March 24, 1981 at 9:00 A.M.

SHERIFF/FUNDS - TRANSFER/JAIL

Commr. Windram stated he had received a request from Sheriff Griffin for the addition of a doctor in the Jail. He stated the salary for the doctor would be $350.00 per week with the doctor visiting the jail Monday, Wednesday, and Friday from 9:00 A.M. to 12:00 Noon. He also stated the doctor would be on call for any emergency. Sheriff Griffin was present for discussion of the request. Commr . Windram recommended the Board transfer the funds from Contingency and use other available funds within the Sheriff's Budget to carry the 4 additional people for the Jail, the 4 air packs, and the doctor through the end of June.

ORDINANCES

The Chairman announced the publicly advertised hearing scheduled for 10:00 A.M. concerning the adoption of a proposed ordinance regarding driveway construction would be postponed until 10:10 A.M.

SHERIFF/FUNDS - TRANSFER/JAIL

Dicussion continued regarding the Sheriff's request for a doctor at the jail. Commr . Carson questioned if the Sheriff could employ a doctor on a call basis only without the day to day visit. Sheriff Griffin stated the area physcians were not interested in that type of employment.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the employment of a doctor for the Jail at a set fee of $350.00 per week, visiting the Jail Monday, Wednesday, and Friday and any emergencies which occur. The motion also included the transfer of $20,000.00 from the Sheriff's Contingency Fund.

ORDINANCE

At 10:15 A.M. the Chairman announced the Public Hearing regarding the proposed Ordinance for driveway construction would now be heard. It was noted the proper proof of publication was on hand and had appeared in the February 19, 1981 and March 5, 1981, editions of the Sentinel Star.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Ordinance was placed on the floor for its first and only reading.

At this time Commr. Carson read the title of the Ordinance as follows:

AN ORDINANCE REQUIRING ANY PERSON, FIRM, OR CORPORATION WHO SHALL HEREAFTER CONSTRUCT OR MAINTAIN ANY DRIVEWAY UPON OR CONNECTED TO ANY PORTION OF THE PUBLIC SIDE-WALK OR PUBLIC PARKWAY OR PUBLIC RIGHT OF WAY TO OBTAIN A PERMIT FROM THE PUBLIC WORKS COORDINATOR; SETTING FORTH FORMS FOR APPLICATIONS AND REQUIRING A SKETCH DESCRIBING THE PROPOSED WORK TO ACCOMPANY EACH APPLICATION; ESTABLISHING MINIMUM REQUIREMENTS FOR DRIVEWAY CONSTRUCTION OR MAINTENANCE, PROVIDED THAT THE PUBLIC WORKS COORDINATOR MAY MODIFY SUCH REQUIREMENTS WHENEVER NECESSARY OR APPROPRIATE FOR THE GENERAL HEALTH, SAFETY OR WELFARE; REQUIRING COMPLIANCE WITH LAKE COUNTY ORDINANCES AND REGULATIONS; REQUIRING NOTIFICATION TO THE PUBLIC WORKS DEPARTMENT AT LEAST TWENTY-FOUR HOURS IN ADVANCE OF THE COMMENCEMENT OF WORK; REQUIRING INSPECTION OF THE WORK BY A MEMBER OF SAID DEPARTMENT; PROVIDING AN APPEALS PROCEDURE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board moved the adoption of said Ordinance, Number 1981-2, as read by title only, on its first and only reading.

PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a stamp with the following statement regarding roads to be stamped on Building Permits:

IF YOU WERE NOT REQUIRED TO OBTAIN A DRIVEWAY PERMIT FROM LAKE COUNTY OR THE STATE OF FLORIDA PRIOR TO THE ISSUANCE OF THIS BUILDING PERMIT THE ROAD ON WHICH YOUR PROPERTY IS LOCATED IS NOT MAINTAINED BY LAKE COUNTY OR THE STATE OF FLORIDA, AND IT IS DOUBTFUL THAT THE ROAD WILL EVER BE PART OF THE MAINTAINED SYSTEM.

PERSONNEL/COUNTY POLICY

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board adopted the Safety Program and Plan as recommended by Mr. Timmons, Personnel Director, and appointed Mr. Timmons as Safety Coordinator.

POLLUTION CONTROL/COUNTY EMPLOYEES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved a $300.00 merit increase for Robert Erickson, Technical Services Supervisor, Pollution Control, bringing his annual salary to $13,300.00.

PUBLIC HEALTH - DISTRICT III MENTAL HEALTH BOARD

Dr. James Fisher, representing District III Mental Health Board, Inc., presented the District III Mental Health Comprehensive Plan for Fiscal Year 1981-84.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Resolution for the Comprehensive Plan for FY 81-84, without financing, as recommended by the district III Mental Health Board, Inc.

Commr . Smoak stated he was in favor of the Resolution, being that the request was made due to statutory requirements, but stated he was not qualified to pass judgment on the program that has been outlined.

Mrs. Jean Hess, District III Mental Health Board, Inc., and Mr. Bert Lacey, Lake/Sumter Community Mental Health, Inc., were present to discuss how the Federal Government is looking at Community Mental Health Centers in regards to federal funding.

BIDS/PURCHASING

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of Ms. Showley, Purchasing Agent, to throw out bids received for Bid #025-81, 3 - 14' Flat Bed Dump Trucks, and accepted the price under State Contract, at a total cost of $62,541.00.

BIDS/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to increase Bid #020-81, Survey Equipment, in the amount of $100.00.

COMMUNICATIONS

Commr . Carson read a letter he had received from Mr. Jeff Ray, President of Rainbow Communications, in which Mr. Ray inquired as to the possibility of a long-term lease or sale of a plot of property north of Eagles Nest Road on Gray's Cutoff Airport Road, owned by the County. He stated Rainbow Communications needed approximately one (1) acre of land. Commr . Carson stated the clay on the property was substandard. Mike Willett, Development & Public Works Director, stated the property has been used for overburden and fill materials. Mr. Watkins, Clerk, stated he had also received an inquiry from a cablevision franchise for the leasing of some property in the same area.

Commr . Carson made the motion to declare the piece of property as surplus and of no further need and use to the County for the purpose for which it was bought, and offer it for sale or lease. The motion failed due to a lack of a second. The Board directed Commr . Carson to obtain an offer from Rainbow Communications before action is taken.

ZONING/PLANNING

Mr. Jack Prickett, Mt. Dora, addressed the Board regarding the rezoning case CUP 756-4, Mount Dora Perculation Pond Expansion. He stated he would like to withdraw property from Mt. Dora's parcels.

He stated he had an option on the property with Barnett Bank. It was the feeling of the Board any further discussion should be held later in the afternoon at which time the rezoning case was scheduled to be heard.

SHERIFF

Commr . Windram informed the Board he had a request from the Sheriff for an additional $1.00 on court cases to be used for law enforcement education and training. Mr. Watkins, Clerk, stated he felt the $1.00 is already being charged. The Board referred the request to the Clerk to review.

SHERIFF

Commr . Windram stated he had a request from the Sheriff requesting permission to use $1,500.00 of the monies received from the sale of the airplane, to participate in firearms qualifications and retraining sessions for the deputies in the Sheriff's Department.

Commr. Smoak suggested the Board ask for a legal opinion from Mr. Madegan, attorney for the State Association of Sheriffs, regarding the request.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board referred the request of the $1.00 fee to the Clerk and report back to the Board. The motion also included that the second request be referred to back to the Sheriff and request a legal opinion from the Sheriff's counsel as to the legality of the expenditure of the funds for use in firearm qualifications and retraining sessions.

CETA

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the submission of the proposal for Summer Youth Employment Program, FY'81.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the submission of proposals for Fiscal Year 1982 under Florida, Balance of State System.

CETA/CONTRACTS & LEASES & AGREEMENTS

Mr. Ford, County Attorney, presented the contract between CETA and Lake County Vo-Tech Center for training services. Mr. Schley, CETA, stated it was a specific program designed to meet the requirements of the CETA program and is not offered to the general public at large at this time.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Contract with Vo-Tech and authorized the appropriate individuals to sign the Contract.

SHERIFF/PRISONERS/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Resolution creating the Work Release Program.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Resolution implementing the Work Release Program stating each prisoner admitted to the Lake County Work Release Program should be liable for his board in the amount of $5.00 per day and each prisoner shall be charged such board in accordance with Florida Statute 951.24.

ELECTIONS/FUNDS - TRANSFER

Mr. Watkins, Clerk, stated Emogene Stegall, Supervisor of Elections, had been certified which entitles her to Special Qualifications Salary as provided by Section 145.09 (4) (2), Florida Statutes, effective October 1, 1980. He stated Mrs. Stegall's budget and salary needed to be amended $2,000.00.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request of Mrs. Stegall, Supervisor of Elections, to transfer $2,000.00 from Contingency to the Elections, Executive Salary Account and increased Mrs. Stegall's annual salary to $29,089.00 per year.

SHERIFF

Mr. Watkins stated he had a report on the Guidelines for an additional $1.00 charge for Florida Police Standards and Training Commission. He stated the Sheriff was requesting another dollar, not the one which has been previously charged. He stated the requested dollar can be collected in Lake County and turned over for local educational programs. Commr. Smoak moved the County Attorney be authorized the draw up a Resolution. Commr. Smoak withdrew his motion.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the Clerk to advertise the proposed Ordinance for a Public Hearing.

COMMUNICATIONS

Mr . Watkins, CLerk, stated the Board had received an invitation from American Municipal Securities, Inc. to attend a complimentary luncheon at the Emporium Deli, Tuesday, March 17, 1981 at 12:OO Noon to discuss Tax-Free Municipal Bonds.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the February 17-20, 1981, Distribution of Revenue, Traffic/Criminal Cases.

APPOINTMENTS/PERSONNEL

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board appointed Dr. Walter Allen replacing Mrs. Nancy Duggan, to serve as alternate citizen member of the Grievance Committee for a two (2) year term.

SUITS AFFECTING THE COUNTY/ZONING

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board authorized the County Attorney to draw up a Satisfaction of Judgment, for a zoning violation cost judgment, in the amount of $59.00, against Harry D. and Linda Hayes. The motion also authorized the Chairman and the Clerk to sign the Judgment.

ATTORNEYS

Mr . Ford, County Attorney, stated the County Attorney's Office has been requested to get involved in the mandamus action against the Jail for not providing medical services.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board authorized the County Attorney to investigate the case and assist the Sheriff and State Attorney's Office in the case.

RECESS & REASSEMBLY

At 12:lO P.M. the Chairman announced the Board would recess for lunch and each Commissioner would lunch individually today.

The Board reconvened at 2:00 P.M. for Rezoning.

REZONING

PUBLIC HEARINC 11161-80-l R-l-7 to RM George 0. Pringle

Mr. George Pringle appeared before the Board requesting the West 75 acres North of Treadway Elementary School and East of Radio Road be withdrawn from the request for RM (Mobile Home Residential) Zoning and presented a proposed Agreement for Restrictive Covenants for the Board's review.

Mr. Pringle presented a petition to the Board with 65 additional names in favor of the proposed mobile home park.

Mr. Pringle stated the density factor would be 3 1/2 homes or less per acre and there had been a feasible traffic study done on Hwy. C-473 which showed there would be a 60 percent increase of usage on Hwy. C-473 if the proposed mobile home park was developed.

Mr. Carl Floyd, Umatilla, stated he had made an independant survey of the area and he felt the propsed mobile home park would be beneficial to the area.

Mr. Bill Hart, Leesburg, Mr. Ray Jones, Tavares and Mr. Al Jenee, Leesburg, appeared before the Board stating they were in favor of the proposed mobile home park.

Mr. Dick Singletary, Resident of Silver Lake Estates appeared before the Board representing the Silver Lake Estates Association. Mr. Singletary advised the Board he and the Association were very much opposed to the proposed mobile home park in the Silver Lake Area due to the density of housing, the increase of traffic on the roads in the area, deed restrictions, taxes, etc.

Mr. Sam Dickens stated his objection was to the proposed sprayfield, not the mobile homes themselves. He stated the land would not, in his opinion, hold up to a sprayfield at the proposed site.

Mr. Bill Dayton, Bassville Park, representing himself and other residents of the area spoke of their opposition to the proposed mobile home park.

Mr. Jerry Kelch addressed the Board stating his objections were based primarily on the 60 percent increase in traffic in relation to the Treadway School and the safety of the children who attend the school for which there is no traffic patrol, sidewalks, etc.

Mr. Bill Cumba stated he owns property next to the proposed mobile home park but he did not find out about the hearing until this morning.

Mr. Willett, Development and Public Works Director, stated there is a strip of land between Mr. Cumba's property and the property in question which is the reason Mr. Cumba was not notified in writing, but informed Mr. Cumba the hearing notice had appeared in a local paper.

Mrs. Kathy Burney, Mrs. Nancy Norton, Mr. Frank Hazzard, Bassville Park Residents, and Mrs. Shirley Dickens, Radio Road Area, addressed the Board individually stating their opposition to the proposed mobile home park.

Mr. Dick Singletary again addressed the Board expressing concern regarding deed restrictions.

Mr . Steve Richey, Attorney, representing the Peitioner, stated the wording of the Agreement (Restrictive Covenants) was such that it would protect the property owners in the area.

Mr. Pringle addresed the Board and requested the Board grant the rezoning as requested.

Commr .Carson moved to deny the rezoning request without prejudice so that the Petitioner could submit another plan without having to wait one (1) year. Commr. Deems seconded the motion. The motion failed with Commr. WIndra, Commr. Smoak and Commr. Burhans voting "No'.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning as requested by the Petitioner.

Commr. Burhans voted "No".

RECESS AND REASSEMBLEY

At 3:40 P.M. the Chairman announced the Board would recess for five (5) minutes.

The Board reconvened at 3:45 P.M.

PUBLIC HEARING #3-81-5 A to RR L. Kelly and Sallie D. Wallace

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning request.

PUBLIC HEARING #156-80-3 LM to RM Harold Storm

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the zoning request be withdrawn as request in writing by the applicant.

PUBLIC HEARING 119-81-l RR to R-l-5 J. Sparkman Baas

No one present wished to dicuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the zoning request be withdrawn as requested in writing by the applicant.

PUBLIC HEARING CUP #752-2 CUP in A Steven Plein

Mrs. Juanita Stone, representing herself and other residents of the area spoke to the Board in opposition to the CUP. Mrs. Stone stated the dump station for the travel trailer park was too close to the neighbors front yards, and they had great concern for the possible pollution of the lake, odor from the seepage and the location of travel trailers so close to their homes. Mrs. Stone requested the Board set a certain time at which Mr. Plein would have to move the dump site.

Mr. Plein stated that he could move the dump site before November, 1981.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in A (Agricultural), with the CUP to include the dump site be moved before November, 1981.

PUBLIC HEARING Classification of Uses City of Mt. Dora

Mr. Jack Prickett, Ivy Homebuilders of Florida, representing Barnett Bank Trust Company, N.A. (Marion J. Givens Charitable Trust) advised Barnett Bank would like to withdraw at this time the following property from the rezoning request for the extension of Mt. Dora's wastewater treatment capacity:

The East 35 acres of that portion of Government Lots 1 and 2 lying East of the East right-of- way line of State Road No. 19A and the NE-1/4 less the South 660 feet of the East 1188 feet thereof, Section 26, Township 19 South, Range 26 East, Lake County, Florida

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the property be withdrawn as requested by Mr. Prickett.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed the Classification of Uses request by the City of Mt. Dora until after Public Hearing CUP#752-2 City of Mt. Dora was heard.

Mr. Farmer, City Administrator Mt. Dora, stated the 201 project was several years into the future and the City of Mt. Dora needs an interim solution for temporary expansion. Mr. Farmer made a presentation of several charts which included "Capacity Gap", "Pollution Probability", "Alternatives", etc. (see attachment A).

Mr. Don Codding and Mrs. Belva Codding, stated they were opposed to the CUP, due to saturation on their property that is already being caused by the existing percolation ponds.

Mrs. Belva Codding read a written statement from Dr. Patrowicz who is also very much opposed to the Board granting the City of Mt. Dora the CUP.

Mr. John Rich, Jr. and Mr. John Rich, Sr., residents of the area appeared before the Board stating they were opposing the granting of the CUP and presented samples from two test wells, a shallow well, and the water from the end of the ditch where the water settles. Mr. Rich also presented pictures to the Board dated November 1979, January 1981 and February 1981 of his property and property in the surrounding area.

Mr. William J. Cheatham, Village Grove Developer, and representive of the Village Grove Homeowners Association, stated the associations' opposition to the proposed site on Hwy 441.

Mr. Jimmy Hunter and Mr. Rick Morton stated they were opposing the proposed sites.

Mr. James Connor, area resident, extended an invitation to the Board members to go out on the lake with him in his boat to observe the pollution to the lakes surrounding the existing percolation ponds.

On a motion by Commr. Windram, seconded by Commr. Smaok and carried unanimously, the Board postponed this case until March 17, 1981, at 1O:OO A.M. The motion also included only new testimony to be heard at that meeting, and the Classification of Uses case be heard at that time.

RECESS AND REASSEMBLY

At 5:55 P.M. the Chairman announced the Board would recess for five (5) minutes.

The Board reconvened at 6:00 P.M.

PUBLIC HEARING CUP #739A-4 Amend CUP Clara E. Tenbrook

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the CUP as amended.

PUBLIC HEARING #17-81-4 A to CP Billy E. Martin

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this case until April 14, 1981, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING #13-81-5 A to AR Patricia A. Legault & Terry L. Elmeier

Mrs. Carol Davis, Attorney, representing the Petitioners was present and requested the Board grant the rezoning as requested.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning.

PUBLIC HEARING 1123-81-4 A to AR Betty M. King

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this case until April 14, 1981, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING 1119-81-5 R-l-7 to A Mentie M. Turner

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from R- 1-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING Classification of Uses David R. & Reba S. Southerland

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the written withdrawal from the applicant.

PUBLIC HEARING CUP #753-1 David R. & Reba S. Southerland

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the written withdrawal from the applicant.

PUBLIC HEARING 1114-81-l RR to A Thomas Croker

No one present wished to discuss this case with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from RR (Rural Residential to A (Agricultural).

PUBLIC HEARING 1116-81-l RR & C-Z to M-l John P. Keser

Attorneys Ranston Davis and Dan Robuck were both present

and requested the CUP be granted for Mr. Keser. Mr. Davis stated Mr. Keser was in the process of trying to sell the property and the proposed purchaser would not buy the property unless the request rezoning was granted.

Mr. Virgil Hawkins, Attorney, representing the area residents stated the residents were very much opposed to the proposed rezoning. Mr. Hawkins stated the proposed purchaser of the property intented to put in heavy machinery that would be noisy and disturbing to the residents of the area.

Mr. H. D. Oldham, realtor from Lake City, read a statement from the proposed purchaser of the property (see attachment B).

Mr. John Keser, Petitioner, requested the Board grant the rezoning as requested.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied without prejudice the rezoning as requested.

PUBLIC HEARING CUP #755-l CUP in M-l John P. Keser

Attorneys Dan Robuck and Rance Davis, representing Mr. Keser stated they wished to withdraw this case.

Commr. Smoak moved to withdraw the case as requested, discussion continued and the Petitioner requested the Board to take action on the case.

Commr . Smoak withdrew his motion.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in M-l (Heavy Industrial) as requested by the Petitioner.

PUBLIC HEARING 1121-81-2 A & R-l-5 to RMRP R. E. Chamberlain, Agt for Ken Saundry

No one present wished to discuss this case with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from A (Agricultural) and R-l-5 (Mobile or Mixed Residential) to RMRP (Mobile Home Rental Park Residential).

PUBLIC HEARING CUP #285A-2 Amend CUP R. E. Chamberlain, Agt. for Ken Saundry

No one present wished to discuss this case with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP as amended.

PUBLIC HEARING 812-81-Z R-l-7 to R-l-5 Murphy Connelly

No one present wished to discuss this case with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this case until April 14, 1981, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING 1118-81-3 RMRP to M-l Charles W. Jones

No one present wished to discuss this case with the Board.

PUBLIC HEARING #20-81-3 RR to RE George E. Hovis

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and granted the rezoning from RR (Rural Residential) to RE (Estate Residential)

PUBLIC HEARING #15-81-3 CP to RMRP George & Victoria Quiroga

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the written withdrawal from the applicant.

PUBLIC HEARING #22-81-3 C-l and A to RP Hubert J. Raburn

Mr. Raburn, Petitioner, stated he was objecting to the Planning and Zoning Commission's denial of his request for rezoning.

Mr. George Darrow, proposed purchaser of the property, stated he would like to build a tri-plex on the property, and he and his family would be occuping the property and it would in no way harm the neighborhood.

Mr. George Lucier, Venetian Village, stated he was opposed to the rezoning.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board overruled the recommendation of the Planning and Zoning Commission and approved the rezoning from C-l (Rural or Tourist Commercial and A (Agricultural) to RP (Multiple-Family Residential-Professional).

Commr .Deems voted "No".

Commr. Carson was out for the vote.

PUBLIC HEARING CUP #754-3 CUP for PUD in RP Thomas J. Moscoso

No one present wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and granted the CUP for PUD in RP (Multiple-Family Residential-Professional).

PUBLIC HEARING 1124-81-3 RM to CP John Babinec

No one present wished to discuss this case with the Board.

CONTRACT & LEASES & AGREEMENTS/ACCOUNTS ALLOWED/TAX COLLECTOR

Mr. Ford, County Attorney, stated that he has been requested by T. Keith Hall Tax Collector, to renew a contract with the First National Insurance Agency, Inc. for the Leesburg Tag Office.

Mr. Ford stated the office space next to the existing property that is currently being leased (for $140.00 per month, utilities included) is now available and the Tax Collector has been offered the extra space, which he desperately needs for $160.00 including utilities (a total of $300.00 per month for both offices).

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the Contract for the Leesburg Tax Offices at a cost of $300.00 per month as recommended by the County Attorney.

PLANNING DEPARTMENT

Commr .Deems stated he had a request from the residents of the Springs Bath & Yacht Club for a waiver of subdivision regulations on Palm Drive, the residents are requesting a variance from the width requirement on the road from the existing 18 feet requirement to only 16 feet at their expense, and after it is brought up to County standards, it be accepted in to the County Maintenance System.

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the request as submitted.

Commr. Burhans voted "No".

There being no further business to be brought to the

attention of the Board the meeting adjourned at 7:45 P.M.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk