A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 11, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, January 11, 1983, in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida.

Present at the meeting were Thomas J. Windram, Chairman: Claude E. Smoak, Jr. (arrived at 9:03 a.m.); C. A. "Lex" Deems; and Glenn C. Burhans. The Chairman stated Commr. Carson would not be present as he was attending a meeting in Tallahassee, Florida. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy B. Roy, Secretary.

The invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Burhans.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the minutes of January 4, 1983, as submitted.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the travel request from Jim Flowers, CETA Director to attend a seminar regarding the Job Training Partnership Act and transition process from CETA to the new Act to be held in Tallahassee, Florida on January 17 and 18, 1983.

It was noted all expenses would be paid with CETA Administrative Funds.

ACCOUNTS ALLOWED/ANIMIAL CONTROL

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a two-way low-band, Motorola, Model #T81JJA1000K Mobile Radio with base-loaded antenna for the Animal Control Department at a cost of $681.00.

PUBLIC HEALTH/CLERK/ORDINANCES

Mr. Watkins presented to the Board for their review, a fee schedule to comply with Ordinance #1983-l, relating to the issuance of Certificates of Necessity consisting of a charge of $5.00 for filing the application and sending notices and an additional charge of $4.00 (for the Certificate) should the application be approved.

On a motion by Commr. Smoak, seconded by Commr. Burhans, the Board placed on the floor for discussion, approval of the fee schedule as submitted. Discussion occurred regarding a schedule issued by the State of Florida for such items. Commr. Smoak withdrew his motion and Commr. Burhans withdrew his second and requested that Mr. Watkins review the proposed fee schedule based on the State of Florida schedule and report back to the Board.

LICENSES AND PERMITS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following Gun Permits, new, renewals, additions and deletions:

NEW RENEWALS

Unz, Richardson B. Roggelin, Eugene G.

ADDITIONS AND DELETIONS

Proctor, A. Wayne

Brack, Harold J.

Stokes, Rexanne R.

Stokes, William K.

REPORTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously. the Board acknowledged receipt of the Distribution of Revenue - Traffic/Criminal Cases for the weeks of December 17, 1982, December 23, 1982, and December 30, 1982, as submitted.

BUILDING COMMITTEE/CONTRACTS, LEASES & AGREEMENTS

Mr. Watkins reported to the Board on a recommendation of the Building Committee regarding the lease with Department of Corrections, Probation and Parole, for office space on the fourth floor of the Courthouse. Mr. Watkins stated that Probation and Parole had requested an indication from the Board whether they would be willing to renew the lease which expires in May of 1983. Mr. Watkins stated that after consideration of the needs of the County and Court system in that a new Circuit Judge would be appointed and the possibility of an additional County Judge appointment, this area would be needed by the Courts, it was the recommendation of the Building Committee that the lease with Department of Corrections not be renewed. Mr. Watkins stated that notification of the action of the Board be forwarded as soon as possible in order that Probation and Parole could secure other office space. Discussion occurred regarding any hardship on the Probation and Parole Office and Mr. Ford stated that case files of the office would have to be transported to and from Court hearings. The Board discussed the fact that it had been the policy in the past that first priority would be County Offices and Court Offices, second priority would be State Offices with leases, third priority State Offices without leases and fourth priority being quasi-governmental functions.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation of the Building Committee and recommended that Probation and Parole be notified that due to the requirements of the County and the Courts that they did not wish to renew the lease with the Department of Corrections.

COMMUNICATIONS/BUILDING COMMITTEE/COUNTY BUILDING & GROUNDS

Discussion occurred regarding a letter received from Martek, Condominium Marketing/Management, regarding their interest in purchasing a piece of property owned by Lake County located at U.S. 27 and State Road 474 near Clermont.

Commr. Windram stated he had received a similar communication from a local real estate firm regarding whether or not Lake County had an inventory of land owned by the County which the County had no further use for.

The Board requested that the Board review the inventory of County properties to assign a use factor to those properties for the possibility of selling property not usable through bids.

The Board directed a letter be written to Martek that their request was under consideration and they would be notified when action was taken.

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Christopher C. Ford, County Attorney, stated a request to receive service had been received on a case indirectly affecting the County, the case being Olford vs. L. Neal Smith. Mr. Ford stated this suit was in regard to a platted roadway in which the Plaintiff was stating that this property was deeded with the stipulation that a roadway would be constructed and since it had not been that the property should be deeded back to them and brought Lake County into the lawsuit as the roadway was platted by the County. Mr. Ford stated that he recommended that service be accepted.

On a motion by Commr. Burhans, seconded by Conmr. Deems and carried unanimously, the Board authorized the County Attorney to accept service on the suit.

Mr. Ford stated the potential exposure to the County would be Attorney's fees and the possibility of having the plat vacated. Mr. Ford stated that a status report would be supplied to the Commissioners on this suit by the attorney it is assigned to.

PUBLIC WORKS AGENDA

POLLUTION CONTROL/PUBLIC WORKS

Mr. Willett presented for the Board's consideration a site plan of the location of a wastewater treatment plant and effluent disposal area for Lake Yale Estates Mobile Community. Mr. Willett noted that it was the recommendation of the Planning Department to deny the request as the plan did not comply with Section 70.283 of the Lake County Zoning Ordinance which requires a minimum of 100' setback from any property line and the plan, as submitted, only allowed 50' set back from Highway C-452. Mr. Ted Wicks, Pollution Control, stated the plans and on-site inspection complied with all Pollution Control requirements.

The Board expressed concern over the close proximity to Lake Yale and non-compliance with the 100' setback requirements.

Mr. Bill Eichelberger, adjacent property owner, addressed the Board and stated that although he could not speak specifically to the plans, expressed concern to the site being so close to the lake.

Mr. Bob Farner addressed the Board to inform them that the property line which did not meet the 100' setback requirement was along C-452, and if the right-of-way was included it would actually be located 150' from the road. Mr. Farner pointed out that the Pollution Control Department staff had no reservations regarding the location of the site in regard to its proximity to Lake Yale.

Mr. Farner stated that to relocate the plant and disposal area to comply with the setback requirements, it would require using more land that could be used for development.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board denied the approval of the site plan for the location of the wastewater treatment plant and effluent disposal area submitted by Lake Yale Estates Mobile Community.

Commr. Smoak voted "No" due to the favorable recommendation of the Pollution Control Staff and the negative recommendation of the Planning Department was solely due to not complying with a standard set back requirements, when the staff has said it is a more advanced secondary treatment facility with adequate buffer.

POLLUTION CONTROL/PUBLIC WORKS

Mr. Willett submitted for the Board's consideration a request for site plan approval of the location of a wastewater treatment plant and effluent disposal area for Blankenship RV Park.

Mr. Ted Wicks, Pollution Control Department, addressed the Board and informed that both the Pollution Control Department and Planning Department recommended approval of the site plant.

Mr. Sam Owens, attorney representing Mr. Ed Fishback, addressed the Board regarding various requirements his client was requesting of the developer and wishing to be included in the permit, as follows:

1 . That a vegetative buffer be planted in order to alleviate any aerosol effect on the adjoining orange grove.



2 . That a 100% impermeable liner be installed in the bottom of the polishing ponds.



3 . That should an odor problem occur when the plant is in operation that a system of underdrains be placed in the sprayfield area to automatically pull down the water table to allow air spaces in the soil in order that proper treatment can occur.



Mr. Owens stated the only item that had not been completely agreed upon with the developer was regarding the system of underdrains and Mr. Owens informed the Board that his client wished the Pollution Control Department have the authority to monitor this item and that it be included in the permit.

Mr. Dewey Burnsed, attorney representing the developer, stated that they agreed to the above stipulations.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously the Board approved the plan for the location of a wastewater treatment plant and effluent disposal area for Blankenship RV Park, with the above stipulations to be included in the permit issued by the Pollution Control Department.

CETA DEPARTMENT

Mr. Jim Flowers, CETA Director, addressed the Board regarding the service delivery area designation under the Job Training Partnership Act (JTPA). Mr. Flowers reported he had contacted Hernando County, Citrus County, Sumter County and Marion County.

Mr. Flowers stated that Hernando County expressed interest; Citrus County expressed interest and wants more information: a meeting had been set with Sumter County: and Marion County was trying for independent designation but would be interested should they not receive the designation.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized Mr. Flowers to proceed with the concept of forming a consortium with Lake, Sumter, Hernando and Citrus Counties and as a second priority a consortium of Lake County and Marion County.

ACCOUNTS ALLOWED/CETA DEPARTMENT/FINANCE DEPARTMENT

Mr. Flowers requested that the Board consider forming a petty cash fund for the CETA Department to be used primarily to make funding available for travel, which is paid on a reimbursement basis.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously the Board authorized the formation of a petty cash fund for the CETA Department, not to exceed $150.00.

AUDITS/ACCOUNTS ALLOWED/CETA DEPARTMENT

Mr. Flowers informed the Board that a federal audit hearing in Tallahassee, Florida, would be held on January 14, 1983, and that the State Attorney's Office had recommended that a member of the CETA staff be present for the hearing. Mr. Flowers stated it was in reference to a 1976 audit in which $12,000 was in question. Mr. Flowers stated that the primary disallowed costs were with the City of Tavares in the amount of $10,282 and that two city employees were willing to testify at the hearing. Mr. Flowers requested that travel be authorized for two City of Tavares employees and one CETA staff member to attend the meeting to be reimbursed with CETA Administrative Funds.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized travel for the three persons to attend the hearing in Tallahassee on January 14, 1983, to be paid with CETA Administrative Funds.

BUILDING DEPARTMENT/PERSONNEL DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board authorized a merit increase for Don Snale, Building Official, based on the recommendation of Jerry Sexton, Planning and Zoning Coordinator, that Mr. Smale has been given additional responsibility for the administration of the new code enforcement program.

PUBLIC WORKS/SUBDIVISIONS/ROADS, COUNTY & STATE

Mr. Dewey Burnsed, attorney representing the developer, addressed the Board and submitted for their review, a list of lots in Royal Trails, Unit I, Eight Year Plan, in which improvements would be required (fill to be placed on lots) prior to a building permit issued. Mr. Burnsed, attorney representing the developer, addressed the Board and expressed reservations of amending the plat to include this information or the recording of this information in that it might place the developer open to lawsuits by the persons now owning some of the lots on the list in that it would show up on a title search and possible lawsuits filed for slandering the title, in that a number of the lots had already been sold. Mr. Burnsed also stated that this information may change over the years. Mr. Willett stated that this information was now on file in the Building Department; however, few people check with the Building Department prior to purchasing the property.

Mr. Ford, County Attorney, concurred with Mr. Burnsed that the possibility of a suit against the agency recording this information was real.

Mr. Burnsed stated that notice had been given to the Land Sales Board and H.U.D. available to prospective buyers of any lots still owned by the developer.

Mr. Ted Wicks, Pollution Control Department, addressed the Board regarding the requested flood analysis for this area. Mr. Wicks stated the criteria had been established and they were attempting to establish back water elevations based on the existing drainage system. Mr. Wicks noted that the drainage system would be included in the acceptance of the streets into the County maintenance system. Mr. Willett stated all streets had been inspected and met County standards.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the maintenance bond in the amount of $105,000 for Royal Trails Unit I, Eight Year Plan and accepted the following roads into the County maintenance system:

Royal Trails Road #4-7997 Daffodil Avenue #4-8097A

Daffodil Court #4-8097B West Thyme Avenue #4-8097C

West Thyme Court #4-8097D Thyme Court #4-8097E

East Thyme Court #4-8097F Poinciana Street #4-8097

Banana Street #4-8097G Hawthorn Avenue #4-80978

Viola Avenue #4-30971 Viola Way #4-8097J

Vitex Avenue #4-8197 Vitex Court #4-8197A

Alder Way #4-7998A Alder Avenue #4-7998

Alder Court #4-7998B Persimmon Street #4-7998C

Apple Street #4-7998D Balsam Street #4-79983

Veronica Avenue #4-8098 East Tyhyne Avenue #4-8098B

Ligustrum Street #4-8098C Datura Street #4-8098D

Nutmeg Avenue #4-8198 Mango Street #4-8198A

Iris Street #4-8198B Cassia Street #4-8198C

Lily Street #4-81980 Abele Street #4-8198E

Dahlia Street #4-8198F Lark Spur Avenue #4-8098G

Locust Street #4-8098H Dahlia Court #4-8198G

Aspen Street #4-8098E Aspen Court #4-8098F

Veronica Court #4-8098A Teak Avenue #4-7997A

WATER AUTHORITY/WATER RESOURCES

Mrs. Rosemary Young, Clermont, addressed the Board stating she was present to observe any discussion that might be held regarding the Oklawaha Basin Recreation and Water Conservation and Control Authority and the meeting set by Senator Langley regarding the possibility of disbanding the Authority.

Commr. Windram stated that through Mrs. Young's message he had learned of the meeting; however, had not yet talked with Senator Langley.

PUBLIC WORKS AGENDA

FUNDS GENERAL/PUBLIC WORKS DEPARTMENT/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized execution of the voucher for transfer of funds from the Department of Transportation in the amount of $17,995.19 for a partial payment on the SR 42 project.

APPOINTMENTS/BUILDING DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved reappointment of the following persons to the Board of Building Examiners for a four year term expiring January 14, 1987:

Robert Allison Robert Hamel

Ralph Cone William Lawson

BIDS/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board awarded the bid on Project No. 5-83, #2-3123 Trimpi Road, #2-3129A Yalaha Cutoff Road and #2-3130 Lime Avenue,.design build construction lump sum to Superior Asphalt Company, Inc., in the amount of $85,047.85.

Commr. Deems declared a conflict and refrained from voting on the award of the bid.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for the following persons to live in a mobile home on the same piece of property on which their conventional dwellings are being built, subject to the proper bond being posted and with the stipulation that the mobile home will be removed immediately upon the completion of the conventional dwelling or upon the request of the Board of County Commissioners:

1 . Powell Walker, Jr., - Ferndale Area - District #3

2 . Mary A. Carter - Ocala Forest Area - District #5

PUBLIC WORKS DEPARTMENT/ROAD PROJECTS

Michael Willett, Director of Development and Public Works, reported to the Board on the progress of the paving project in Astor, Astor Loop Road. Mr. Willett referred to a letter from Hewitt Contracting, contractor for the project, citing problems with utility companies in the moving of water lines, electrical poles and telephone lines. Mr. Willett stated that they are now pleased with the progress of the water company and the telephone company. Mr. Willett stated the only area in which there was still a problem was with Clay Electric; however, at the present time they were ahead of the contractor and had informed Mr. Willett the necessary work would be completed by the end of the week.

Mr. Willett stated he would be meeting with the local property owners association regarding the payment for the driveway pipes, which some of the residents have been stating should not be their responsibility, based on Section 5 of the road program. Mr. Willett explained this section pertained only to roads under the County Transportation Trust Fund, already County maintained. Mr. Willett stated that all the residents had been notified that they would have to pay for the driveway pipe prior to the bid being awarded and stated that under the County Road Program it was the responsibility of the property owners.

Mr. Willett stated a request had been received from Astor Volunteer Fire Department that they be exempt from the payment of the driveway pipe, being a volunteer organization and not able to afford the pipe.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously the Board authorized to exempt the Astor Volunteer Fire Department from the charge of $868.00 for the driveway pipe.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Public Works Department to bill the residents for the driveway pipe after the meeting to be held on January 15, 1983.

COMMUNICATIONS

Commr . Windram stated he had received correspondence from Royal Palm Beach Colony, Inc., asking if Lake County had interest in purchasing 460 acres on Lake Norris and stated the land would be ideal for a County park.

The Board directed a letter be written to Mr. Sheppard of Royal Palm Beach Colony, Inc., thanking him for his letter; however, indicating Lake County was not interested in purchasing said property.

WATER AUTHORITY/WATER RESOURCES

Commr . Smoak reported that the Palatlakaha Water Study has now been completed and the report is in the process of being printed and a formal presentation will be made to this Board with specific emphasis on those portions of the study where a recommendation is made that the Board participate in future actions.

Commr . Smoak stated that a full report of the aquatic weed problem in Lake County was in the preparation process and will have the report made available to the Board in the near future He stated that a plan was being devised to utilize the $50,000 in funds set aside by the Board for aquatic weed control in conjunction with implementing additional federal funds made available through a matching fund process. Commr . Smoak stated that through an interlocal agreement with the Oklawaha Basin Recreation and Water Conservation an Control Authority, the Lake County Aquatic Weed Control Program had mutually worked in combating aquatic weeds and one of the areas the OBRWCCA could expand upon was in the area of aquatic weed control.

Commr. Smoak stated the Board should consider, prior to the Public Hearing called by Senator Langley, taking action regarding a cooperative agreement with the OBRWCCA, should it continue to exist and what the role should be, in conjunction with the Lake County Board of County Commissioners.

Mrs. Rosemary Young, Clermont, addressed the Board regarding her interest in water matters in Lake County and her feeling that a person experienced in the area of hydrology would be very useful to Lake County in areas heard by the Board regarding water and also land development.

Discussion occurred regarding the Public Hearing set for January 25, 1983, at 7:00 p.m. and the fact that the abolishment of the OBRWCCA would be discussed at the Public Hearing. Chris Ford stated that all the representatives had not been contacted at this time regarding the public hearing and suggested that time be taken at the next Commission meeting to discuss the upcoming public hearing.

PLANNING DEPARTMENT/POLLUTION CONTROL

Mr. Ted Wicks, Pollution Control, addressed the Board regarding a permit requested from the St. Johns River Water Management District for Florida Rock Industries to allow intermittent discharge. Mr. Wicks stated that his estimation from the data available was that approximately two million gallons of water per day would be discharged. Mr. Wicks stated that Pollution Control does not feel the data submitted is adequate from a hydrological impact standpoint. Mr. Wicks stated that no study had been completed on the hydrological impact of sand mines in the Green Swamp Area and expressed his feeling that a study should be implemented and completed to determine any effects the sand mines have.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously the Board authorized Mr. Wicks to pursue the possibility of the St. Johns River Water Management District conducting a study of the hydrological impact of sand mines in the Green Swamp Area and report back to the Board.

Commr. Smoak requested that staff look into a possible problem on encroachment on the Tully Sand Mine in South Lake County wherein the fifty foot setback has been breached.

Commr. Smoak also requested that staff research the setback requirements for sand mines to bring back a recommendation to the Board on minimum setback requirements for the Board to determine whether or not additional setback requirements should be implemented.

Commr. Smoak also requested that the staff recommend other restrictions necessary in the process of the sand mines.

RECESS AND REASSEMBLY

The Chairman announced at 11:20 a.m. that the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for the Rezoning Agenda.

REZONING

PUBLIC HEARING #54-82-l - John Mangan - Amend Planned Commercial

Mr. Steve Richey was present to discuss this case on behalf of the petitioner. Background of the case was given as this was a postponed hearing from November 9, 1982. Discussion occurred regarding the traffic problems encountered in this case. Mr. Sexton informed the Board that the Department of Transportation would not commit on the requirements they would impose until such time as the Board of County Commissioners approved the use. The Board was informed that the planned use was for a professional office complex comprised of 18,000 square feet of office space on

2-l/2 acres. Mr. Sexton expressed concern for the traffic that would be generated and the fact that the Department of Transportation did not respond favorably to the suggestion of adding an additional crossover or moving a present crossover to this location.

Mr . Sexton stated that the staff recommendations for the traffic pattern might not be approved by the Department of Transportation and that the Department might not require what staff felt was necessary.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to amend the Planned Commercial Zoning for an office complex provided a satisfactory traffic circulation pattern was submitted.

PUBLIC HEARING #119-82-5 - Oliver Graham - A to RR

Mr. Graham was present to answer any questions the Board might have. Mr. Willett informed the Board that staff recommended approval of this request at this time, as all but one piece of right-of-way had been acquired.

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

PUBLIC HEARING #129-82-4 - Raymond & Bernice Fritz -R-

l-7 to R-l-6

Mr. Frank Gaylord, Attorney, was present to represent the Petitioners. Mr. Gaylord presented to the Board pictures and stated it was his feeling the property in question had been utilized as a duplex prior to the change in zoning classifications in 1971 eliminating duplex housing in this area. Mr. Gaylord stated there was a dwelling adjacent to this property also built as a duplex.

Mr. Joe Teranchi, Eustis, addressed the Board in opposition to this request stating that all of the other property in the area was single family dwellings and the one dwelling cited by Mr. Gaylord had not been occupied for quite some time. Mr. Teranchi also expressed concern over the past residents who had occupied this particular dwelling.

Mr. John Davidson, Eustis, addressed the Board in opposition to this rezoning request.

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 denied the request to rezone the property from R-l-7 to R-l-6.

PUBLIC HEARING #134-82-4 - J. Robert & Alice Thomas - A to CP

Frances Sellars addressed the Board in opposition to this rezoning request and advised the Board she was also speaking for her daughter, another property owner in the area and read to the Board a letter from Mrs. Florence E. Loshure, absentee property owner, expressing objections to the rezoning for herself and her son Mr. Ronald Loshure, also a property owner in this immediate vicinity.

Ms. Kay Lawson addressed the Board in opposition to this rezoning request and stated she was speaking for Mr. Prather, also a property owner in the area and present at the meeting, to voice his opposition to the rezoning request.

Objections that were raised were the fact that something other than a feed store could eventually be put in this building that would not be desirable, the lots are too small, the traffic generated on Crest Road, which is not County maintained, the property owners in the rear and adjacent having to contend with noise and unsightliness.

Mr. J. Robert Thomas addressed the Board to answer the questions of the Board and those present. Mr. Thomas stated he would be willing to restrict the ingress and egress to Highway 44 only and to fence three sides of the building to make the area more aesthetically pleasing to those adjoining property owners.

Mr. Prather, resident in the area, addressed the Board in opposition to the request and Mr. Thomas and the Board explained the additional items Mr. Thomas would agree to regarding ingress and egress and fencing.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve rezoning from A (Agricultural) to CP (Planned Commercial) for a feed store with the stipulation that all ingress and egress would be from SR 44 with no access from Crest Road and that the property would be fenced on three sides.

PUBLIC HEARING #135-82-4 - Charles Codding - LM To RE

Mr. Stephen Vaughn was present to answer any questions the Roard might have and informed the Board that the Department of Transportation had made a favorable recommendation of this rezoning as it would affect traffic in the area.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from LM (Light Manufacturing) to RE (Rural Estates).

PUBLIC HEARING #138-82-5 - Murray Golub - C-l to RMRP

CUP #845-5 - Murray Golub - CUP in RMRP for RV

No one present wished to discuss these cases with the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed these cases for thirty days until February 8, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #136-82-l - Robert Oechslin - Amend CP

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to amend the CP (Planned Commercial) to include a hangar.

PUBLIC HEARING CUP #246-l - Mae Maughn - Revocation

PUBLIC HEARING #139-82-2 - Mae Maughn - M-l to RP

No one present wished to discuss these cases with the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approval withdrawal of these two cases on the request of the Petitioner.

PUBLIC HEAPING #137-82-2 - J. C. Rogers - A to M-l

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from A (Agricultural) to M-l (Heavy Industrial).

There being no further business to be brought before the

Board, the meeting adjourned at 3:30 p.m.

James C. Watkins, Clerk

Thomas J. Windram, Chairman

CBR/1/13/83