A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 14, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, February 14, 1984, at 9:00 a.m. in the Board of County Commissioners' Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: Sanford M. Minkoff, County Attorney's Office; and Mary C. Grover, Secretary.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the following Contractor Bonds:

NEW

3063-84 Ballard & Son Plumbing, Inc. (General Building & Plumbing)

4087-84 David B. Finn d/b/a Sun Country Electric, Inc.(Electrical)

4088-84 Geoffrey K. Wainscott d/b/a Lake Aluminum (Aluminum)

4089-84 Walter W. Shaffer, Jr. d/b/a Lake Sumter Enterpises

(Building)

4090-84 Nationwide Power Corp. (Electrical)

4091-84 Patricia S. Gasbarri (Aluminum)

4092-84 Charles M. Kelley d/b/a South Lake Electric & Construction, Inc. (Electrical)

Commr. Windram was not present for the vote.

LICENSES & PERMITS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the following gun permits and bonds: NEW

Alfonso V. Molina Oscar E. Schubert

Ronald A. Korte Dale H. Judy

Charles M. Acuff, III Donald W. Connelly

RENEWALS

ADDITIONS

David Lee Osborne Arthur Potter

William Smathers Roy Ramsey

Commr. Windram was not present for the vote.

REPORTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the following weeks:

January 31, 1984 - $11,308.85

February 3, 1984 - $ 4,771.29

Commr. Windram was not present for the vote.

APPOINTMENTS/FIRE DISTRICTS-DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board accepted the resignation of Mrs. Cheryl A. Kingman as Fire Commissioner from the Mount Plymouth Fire District and directed that a letter of appreciation be sent to Ms. Kingman.

Commr. Windram was not present for the vote.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved the reappointment of Mr. James Sewell and the appointment of Mr. Herbert Hauter as Fire Commissioners to the Paisley Fire District.

Commr. Windram was not present for the vote.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the resignation of Mr. Charles S. Grosche as Fire Commissioner from the Bassville Fire District, effective March 31, 1984, and directed that a letter of appreciation be sent to Mr. Grosche.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the reappointment of Mr. Larry Stahl as Fire Commissioner for the South Lake Fire District.

PUBLIC WORKS/SUBDIVISIONS

Commr. Windram addressed the Board to discuss the drainage problem at Lake Dora Oaks Subdivision located in the Lake Saunders and Lake Woodward area. He informed the Board that the bids had been awarded to alleviate the drainage problem. He stated that the property owners indicated that if they were providing the pipe, they would want to pipe the water through the subdivision but not all the way to the lake. Hr further stated that the property owners were requesting a letter of commitment from the County in which the County would lay the pipe, fill the ditch, and place sod over the ditch provided the property owners pay for and provide the necessary pipe and that approval is received from the St. Johns Water Management District.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved for a letter to be sent to the Lake Dora Oaks Homeowners Association informing them that the County would lay the pipe, fill the ditch and place sod over the ditch provided that the property owners would pay and provide the necessary pipe that meets the necessary requirements of the Public Works Department and provided that approval is received from the St. Johns Water Management District.

Mr. Jack Bickhart, President of the Lake Dora Oaks Homeowner's Association, addressed the Board to express his appreciation to the Commissioners for assisting in the project.

RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved a Proclamation declaring the week of March 11th through 17th, 1984, as Employ the Older Worker Week, as requested by the Job Service of Florida.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board awarded the contract for Project No. 3-84, Countywide Resurfacing, to Asphalt Pavers, Inc., in the amount of $416,552.28.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Umatilla for 400 to 500 yards of fill dirt for a BMX track.

PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for a one- time maintenance for L. K. Casson on Marjorie Street in the amount of $50.00.

PUBLIC WORKS/SUBDIVISIONS/ASSESSMENTS

Mr. Richard Groves, Shockley Hills, addressed the Board to discuss the road problems in Shockley Hills. He informed the Board of several meetings that have taken place in the past.

Mr. Michael C. Willett, County Administrator, stated that at the Board meeting on December 6, 1983, the Board recommended to the property owners who were present to poll the residents in Shockley Hills to get their opinion of a lien assessment. He stated that the lien assessment would be done on the two collector roads.

Mr. Groves pointed out there were 248 landowners in the development and there were 500 lots in the development.

Discussion occurred regarding the quote received by Trac Roadbuilders in November, Mr. Willett stated that Trac Roadbuilders had proposed a possible change order at the time as they were working on a road project for the County in Astor. Mr. Willett recommended that the Shockley Hills project be rebid as the road contract in Astor has been completed.

Mr. Groves informed the Board that the Community had raised $10,372.69 (Bank Deposit, escrow, cash on hand and pledges) for the project. He stated that he felt that the funds which were received from property owners on the roads which are to be improved would be returned to those who would be assessed. He stated that should those funds be returned to the property owners, the balance left would be $7,332.69.

Discussion occurred regarding the mandatory lien assessment.

ORDINANCES

At 10:00 a.m. the Chairman announced that the public hearing regarding the Special Assessment for Maxwell Avenue would be postponed until 10:15 a.m.

PUBLIC WORKS/SUBDIVISIONS/ASSESSMENTS CONTINUED

Mr. Reynolds addressed the Board to object to a lien

assessment. He stated that he felt the property owners living on the 711 two roads could not afford the assessment.

Commr . Carson explained the lien assessment procedures to Mr. Reynolds.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to participate in paying 40% of the total cost of the project; accept $7,332.69 from the residents in Shockley Hills toward the cost that the residents would pay; and approved to place a mandatory lien assessment on the lots which are located on the two collector roads.

The Board then answered questions from the audience.

Discussion was held regarding the residents having the option to pave or clay the roads.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized Mr. Willett to bid the project both ways--paved and clay in order to give the residents of the Subdivision the option on whether they would want a paved road or a clay road.

ASSESSMENTS/BIDS

At 10:15 a.m. the Chairman announced that the time had arrived for the public hearing on Special Assessment #18, Maxwell Avenue.

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the lien assessment roll for Special Assessment #18, Maxwell Avenue. The motion also included awarding the contract for Project No. 4-84, #2-1606 Stuckey Road and Maxwell Avenue (SA-18) Design Build Construction Lump Sum to Trac Roadbuilders, Inc., in the amount of $59,033.00, low bid.

ASSESSMENTS/PUBLIC WORKS/COUNTY POLICY

The Board discussed the possibility of not accepting any more clay roads on the lien assessment program.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to amend the lien assess- ent policy to exclude clay roads from the lien assessment

procedures.

It was noted that this motion did not negate the previous action taken on Shockley Hills.

ASSESSMENTS/BIDS

At 10:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #17, Joleen Estates.

Mr. Harry Wilds, Lot 12, addressed the Board in favor of the lien assessment.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the lien assessment roll for Special Assessment #17, Joleen Estates and awarded the bid to Superior Asphalt in the amount of $13,683.30, low bid.

PUBLIC WORKS

Mr. Jerry Sexton, Planning & Zoning Coordinator, addressed the Board to discuss the letter of credit which will be expiring on April 1, 1984, on Summit Chase Villas. He stated that there have been two previous extensions on the letter of credit. He informed the Board that Morrow, Inc. has sold the property. He stated that the new owners were requesting an additional six months on the letter of credit.

MI. Pete Newsome, Morrow, Inc., addressed the Board to discuss the request. He requested that the letter of credit Eor Morrow, Inc. be cancelled.

Mr. Sanford Minkoff, County Attorney's Office, stated that he would recommend that the Board not release the letter of credit, but exercise the letter of credit before it expires.

It was noted that Phase I of the project has been recorded. Mr. Sexton informed the Board that he was suppose to meet with the new owners to discuss a new letter of credit.

Commr. Smoak made a motion, which was seconded by Commr. Windram to authorize the County Attorney's Office to notify the new owners in writing that no building permits would be issued until such time either a new letter of credit is received by Lake County or that the necessary improvements have been made.

Discussion occurred regarding notifying the bank as soon as possible expressing the County's intention of exercising on the letter of credit. Commr. Smoak stated that he felt the people 713 should be given time to contact the new owners in regards to a new letter of credit.

Commr . Windram withdrew his second for further discussion. Commr . Smoak stated that the intent of his motion was to ask the County Attorney's office to indicate to the new owners that building permits could not be issued for any further development on the property until such time as a letter of credit is received by Lake County or that the necessary improvements have been made.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board instructed the County Attorney's office to file a timely notice of intent to the bank, of the County's intention to exercise the letter of credit, unless a new letter of credit is received by Lake County or the improvements have been made.

The Board discussed if in the future, the letter of credits could be recorded. Mr. Minkoff stated that he felt the letter of credit could not be recorded, but that there was a possibility that the PUD could be recorded. The Board directed Mr. Minkoff to determine what portion of the PUD plat has already been recorded and to report back to the Board.

CONTRACTS, LEASES & AGREEMENTS

Mr. Howard Clark, Action Cable Company, addressed the Board to request transferring his current cable TV franchise with Lake County to Coast to Coast cable company.

Mr. Wayne Daniels, General Manager from Coast to Coast, was present to answer any questions the Board might have.

Mr. Sanford Minkoff, County Attorney's Office, recommended that Coast to Coast go through the same procedures as any other cable company requesting a franchise. He stated that the Company should submit financial statements and a list of other areas where the Company has operated previously.

On a motion by Commr. Smoak, seconded by Commr. Carson and

carried unanimously, the Board approved to cancel the existing cable TV franchise contract between Lake County and Action Cable Company as requested by Mr. Howard Clark.

The Board referred Coast to Coast to the County Attorney's Office for further information regarding the procedures of obtaining a cable franchise in Lake County.

MUNICIPALITIES/PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the request from the City of Umatilla for assistance from the Planning Department in updating their Land Use Plan.

Commr. Smoak was not present for the vote.

SIGNS/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request from the property owners to change the name of Lavonne Avenue #4-4266C to Crescent Drive.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request from the property owners to change the name of Lane Park Road #3-3637 to Woodlea Road from SR 19 by the Ag. Center, west to the west section line of Section 36, Township 19 South, Range 25 East.

Commr. Deems was not present for the vote.

DEEDS/RIGHT-OF-WAYS ROADS & EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board accepted the following right-of-way deeds on Emeralda Island Road, #5-7528:

1. Jay H. Allen

2. Jay H. Allen and Nancy C., his wife

Commr. Deems was not present for the vote.

PUBLIC WORKS/ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved for Wade Curtis and Phil Silkey, Public Works Department, to attend the Functional Requirements of Highway Safety Features in Tampa, Florida, March 26 through 28, 1984, at no expense to the County.

EDUCATION/PUBLIC WORKS

Mrs. Kathy McDonald, Public Works Department, addressed the Board to discuss the Summer Food Program for 1984. She stated that she had contacted Mr. Carl Pettitt, Superintendent of the School Board, and he felt the School Board could offer assistance if the County should decide to undertake the project provided there are no expenses to the School Board or the County. She further stated that final approval from the School Board Members would have to be obtained.

Mr. Michael C. Willett, County Administrator, recommended that the County not participate in the program.

Mr. James Flowers, Private Industry Council Director, stated that personnel in his department did not have any food service experience. He stated that his department could provide aides through the Summer Youth Program to assist experienced personnel.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board authorized that a letter be written to the School Board stating the County's willingness to sponsor the program if the School Board agrees to operate the program, and instructed the staff to research the amount of administrative funding which would be available for the project.

OUTDOOR RECREATIONAL FACILITIES

Mr. Michael C. Willett, County Administrator, addressed the Board regarding the Astor Boat Ramp. He stated that there were two boat ramps in Astor located one-half mile from each other. He stated that one of the ramps has problems with parking. He stated that the second boat ramp has deteriorated and is in need of repair. He informed the Board that the property owners are attempting to acquire additional land by ramp #2, the ramp which he is requesting to be improved.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to repair the second boat ramp by extending the ramp with four additional slabs, filling up the holes on the ramp, and building up the southside of the ramp, with the funds to come from the boat registration fees.

SUITS AFFECTING THE COUNTY

Mr. Sanford Minkoff, County Attorney's Office, informed the Board that a foreclosure action had been filed by Jack & Cindy Prickett against Smiley & Thelma Wiley. He stated that the County holds a lien on the property (a public defender's lien) in the amount of $400.00 and that the Board has been requested to accept service of the lawsuit.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to accept service on the lawsuit.

PRIVATE INDUSTRY COUNCIL/PUBLIC HEALTH

Mr. James Flowers, Private Industry Council Director, addressed the Board requesting approval on the Lake County Private Industry Council/Lake County Council on Aging Older Workers Contract.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Lake County Private Industry Council/Lake County Council on Aging Older Workers Contract as presented, and authorized the Chairman to sign the necessary Contract documents.

FIRE DISTRICTS-DEPARTMENTS/ELECTIONS

Commr. Burhans informed the Board that he and Mr. Willett, County Administrator, had met with residents of Mid-Florida Lakes to see if they wanted to be incl uded in the voting for the fire referendum on March 13, 1984. He stated that 173 of the residents voted no and 56 of the residents voted yes. He stated the vote did not reflect the majority of the residents currently residing in Mid-Florida Lakes. Discussion occurred regarding excluding Mid-Florida Lakes from voting on the fire referendum.

The Board discussed whether the yuestion being placed on the ballot was a referendum or straw ballot. Mr. Minkoff stated that the question was a straw ballot.

Commr. Smoak suggested that two additional statements be added to the ballot question to help clarify questions that voters might have. He suggested the following be placed on the ballot question:

1 . No fees would be changed except by referendum.

2 . No areas would be charged unless given service.

Comnr. Burhans stated that the ballot has already been printed.

No action was taken at this time.

WATER AUTHORITY/RESOLUTIONS

On a motion by Conmr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the waterway speed sign resolution for "Idle Speed No Wake" for a series of canals located along the northwest shore of Lake Eustis in a mobile hone park known as Harbor Shores Subdivision, Units 1 and 2.

FIRE DISTRICTS-DEPARTMENT/ELECTIONS

Discussion continued regarding excluding Mid-Florida Lakes from voting on the fire referendum. Commr. Carson informed the Board that he had spoken with Mrs. Enogene Stegall, Supervisor of Elections, and stated that it was possible to use another lock out on the machine in order to have voter selectivity on those precincts which are similar to Precinct 9A. He stated that it would be possible for those who do not reside in Mid-Florida Lakes to sign an affidavit to that effect to enable them to vote in the fire referendum.

Discussion occurred regarding the difference between a straw ballot and a referendum.

It was noted that should the ballot questions pass, it would not have an immediate impact on Lake County.

ANIMAL CONTROL

On a motion by Conmr. Snoak, seconded by Commr. Carson and carried unanimously, the Board approved travel for Frankie Thorp, Animal Control Supervisor, to attend a lethal injection workshop in Fort Lauderdale in March, 1984, with the expenses to be paid by the Humane Society.

PUBLIC HEALTH/FAIRGROUNDS

Conmr. Smoak informed the Board that he had spoken with Mrs. Ruth Pelham regarding the Commodity Food Service Program. He stated that he had contacted the Agriculture Center to see if there would be space available and he stated that Dr. Kelly had indicated there was not any space available.

The Board gave Commr. Smoak permission to meet with Mr. Willett, County Administrator, and Mr. George Johnson, Fairgrounds Manager, to discuss the possiblity of using the Fairgrounds for the program and report back to the Board with a recommendation.

RECESS & REASSEMBLY

At 12:lO p.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning Hearings.

REZONING

PUBLIC HEARING CUP #895-3 CUP in RMRP Lake Dora RV Resort,

LTD

Ms. Marion Skelling, Boyer & Singleton, addressed the Board and gave a brief synopsis of action that had taken place at previous Board meetings and discussed the terms as outlined in the CUP as agreed upon by the Planning Department and the petitioner.

Ms. Skelling requested that item #4 on the CUP be amended to read:

4. Terms: The developer agrees to the following improvements

regarding the intersection of C-561 and SR 19:

A. The developer agrees to pay fifty-five (55%) percent of the estimated cost of signalization. Said fifty-five (55%) percent is to be placed in an escrow account at the end of Phase I.

B. Delete the Paragraph.

Commr . Smoak made a motion, which was seconded by Commr. Deems to amend item #4 as follows:

4. Terms: The developer agrees to the following improvements regarding the intersection of C-561 and SR 19:

A. Lake County shall petition the Department of Transportation at the end of Phase I to determine the need for signalization at the intersection of C-561 and SR 19. The developer further agrees to pay fifty-five (55%) percent of the actual cost of signalization as recommended by the Department of Transportation.

Commr . Windram questioned if the sentence "Said fifty-five (55%) percent is to be placed in an escrow account at the end of Phase I" should include the wording "present estimated cost". Ms. Skelling stated that originally 50% had been placed in the CUP and the reason it was changed to 55% was to allow for additional cost.

Discussion occurred regarding a letter of credit being filed with the County. Mr. Joe Hill, petitioner, was present to discuss the request with the Board.

Commr. Smoak withdrew his motion and Commr. Deems withdrew his second.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend item #4 as follows:

4. Terms: The developer agrees to the following improvements regarding the intersection of C-561 and SR 19:

A. Lake County after the completion of each phase of construction shall petition the Department of Transportation to assess the need for signalization at the intersection of C-561 and SR 19. At the completion of Phase I, the developer will place in escrow with Lake County fifty-five (55%) percent of the estimated cost of future signalization in the form of either cash or an Irrevocable Letter of Credit. These funds will be held in escrow until the completion and build out of the project. Should at the completion of the project, DOT determine no need for signalization at the intersection of C-561 and SR 19, the funds held in escrow or the Irrevocable Letter of Credit will be returned to the developer. Should DOT, during any phase of construction or at the completion of construction, indicate the need for signalization, the developer will pay fifty-five (55%) percent of actual cost of installation for signalization.

It was noted that the petitioner was in agreement with the

amendment.

St was noted that Number B. under Item #4 would be kept in the CUP. Ms. Skelling informed the Board that DOT is aware of the proposed development and feels that the impact of the development will have no affect on the current design changes which DOT anticipates making at the intersection and they will not require any additional changes to the intersection should signalization be necessary during any time of the construction phase. The Board instructed Ms. Skelling to obtain a letter from DOT to that affect to place in the Planning Files.

Discussion occurred regarding amending Item #5.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend Item #5 as follows:

5. Terms: The developer agrees to the following improvements regarding the proposed park entrance and C-561:

1. A northbound deceleration lane on C-561 into the park entrance.

2. A southbound bypass lane on C-561 past the park entrance.

3. A southbound left turn lane into the park entrance on C -561 .

4. A northbound left turn lane into Lona Street.

5. A northbound acceleration lane into SR 19.

Mrs. Laura Hertzveld, Wisconsin-Michigan Shores, questioned if a fence would be erected prior to the beginning of construction.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the amend Item #3, Number D, as follows:

D. Screening: Prior to construction of that portion of the park a five (5) foot fence will be installed on the north side of the property. The entire park shall be enclosed by a fence five feet in height, with the exception of that portion facing on a County or State highway; a landscape buffer zone of five (5) feet in depth shall be maintained on all sides except road frontage.

Mr. Richard Fritch addressed the Board to discuss the

maintenance of the railroad crossing under Item #5, Number 5. Mr. Jerry Sexton, Planning & Zoning Coordinator, stated that Number B needed to be amended to read that the developer agrees to pay for all capital costs of a class three signalization and a type L crossing as well as the maintenance of the railroad crossing at the project entrance.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend Item #5, Number B as follows:

B. The developer agrees to fund the maintenance of the railroad crossing at the park entrance including class three signalization and type L crossings provided these are mandated either by the Department of Transportation or the Railroad or any other agency excluding Lake County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to add a Number 6 to Item #5A as follows:

6 . The above will be completed prior to the opening of the park for commercial business.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in RMRP (Mobile Home Rental Park Residential District) for a RV Park and private road, as amended.

PUBLIC HEARING #144-83-4 Amend CP J. C. & C. E. Hale

Mr. Jerry Greif, Planning Department, informed the Board that this request was to delete the rear access on the property and to allow additional cars for sale and auto storage area.

Commr. Windram informed the Board that he had met with Mr. & Mrs. Hale to discuss the proposed rezoning. A new site plan which was presented to the Board was discussed. Mr. Sexton, Planning & Zoning Coordinator, stated that he felt, with the proposed site plan and the deletion of the rear access, that the property could handle the additional cars.

Mr. George Eaton, adjoining property owner, addressed the Board objecting to the rezoning. He stated that he did not object to the closing of the rear access, but he did object to the fumes being emitted from the cars each day. Mr. Sexton stated that the new site plan would eliminate the cars being parked next to the fences of the property owners; therefore, eliminating the exhaust Eumes going into the direction of other properties.

Mrs. Irene Mokley, Fournier Avenue, informed the Board that she would not object to a total of 35 cars being located on the property if the rear access is closed.

Mrs. Helen Eaton also addressed the Board to discuss the muffler and pollution problems.

Mr. Harlow Middleton, attorney representing the petitioner, informed the Board that the petitioners agree to fence the rear access should the zoning be granted. He stated that he had several letters and petitions in favor of the additional cars.

Commr. Windram stated his concerns as to whether there is adequate storage space for 19 additional cars.

Pictures of the lot, which were taken recently, were shown to the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend the CP (Planned

Commercial) to delete the rear access and instructed the petitioner to fence the access area.

Discussion continued regarding the amount of cars which should be allowed on the property.

Mrs. Johnnie Hale, petitioner, addressed the Board to discuss the request. She stated that she had allowed the normal parking space for each vehicle (10' by 20') and had allowed three feet on each side of the rows.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to amend the CP (Planned Commercial) to allow 15 vehicles in the front and 16 vehicles in the back for storage and sales, a total of 31 cars; instructed that no exhaust fumes be directed in the direction of adjoining property owners; and approved the site plan as presented by Mr. Harlow Middleton.

PUBLIC HEARING CUP #702A-1 CUP in RM Orange Blossom Hills,

Inc

Mr. Gary Morris, Vice President of Orange Blossom Hills, Inc. addressed the Board objecting to the Planning Commission's recommendation of denial. He stated that the proposed food service would not be opened to the public only to the residents.

Mr. Jerry Greif, Planning Department, informed the Board that a letter in opposition was received from the Orange Blossom Gardens Chappel of All Faiths Council. He stated that the Chappel was opposed to the sale of alcoholic beverages, but they were not opposed to food and non-alcoholic beverages being sold.

Mr. Willett, County Administrator, stated that the Church was part of the CUP that the petitioner is requesting to be amended.

Mr. Sanford Minkoff, County Attorney's Office, stated that a possible solution might be a Planned Use Development (PUD) which would include the golf course and a restaurant.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board postponed this rezoning case until March 13, 1984, at 2:00 p.m. or as soon thereafter as possible and instructed Mr. Morris to work with the County Attorney and the Planning Department for a possible solution.

PUBLIC HEARING #9-84-5 A to RM Hugh 0. Williams, Jr.

Mr. Williams, Petitioner, was present to object to the Planning Commission's recommendation for denial. He stated that he had met with Mr. Hemmingway from the Division of Forestry and stated that he has a letter from Mr. Hemmingway stating that the lands next to Mr. Williams' property were part of the Ocala National Forest and as such, the land will not be developed, but will be managed according to laws enacted by Congress. He further stated there were not any leases on the property for any type of development.

He stated that he was proposing to build a 50 unit mobile home park, located 600 feet from the existing paved road. He stated that the land was not in the flood plain area and that there is not a major draining problem on the land. He further stated that he agrees to continue the pavement from the existing pavement to the park entrance. He also stated that there is city water and had hired Mr. Ted Wicks to do the engineering on the project.

Mr. Ted Wicks, Durden & Wicks & Associates, addressed the Board regarding the proposed treatment plant. He stated that the water would be obtained from the Astor water service.

Mr. Heppberger questioned if this situation would be similar to the Emerald Lakes situation. Mr. Willett, County Administrator, stated that it would not be similar.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board overturned the recommendation of the Planning Commission and approved the rezoning from A (Agriculture) to RM (Mobile Home Residential).

Commrs. Deems and Windram voted "No".

PUBLIC HEARING #13-84-5 C-l to R-L-7 Marjorie Shuler

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 Commission and approved the rezoning from C-l (Rural or Tourist Commercial) to R-l-7 (Urban Residential).

PUBLIC HEARING #l-84-4 A to RR Lesbar Enterp rises, Inc.

Mr. Jerry Greif, Planning Department, informed the Board that a letter requesting postponement had been received.

Mrs. William Harper was present in objection to the rezoning.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this case until March 13, 1984, at 2:00 p.m. or as soon thereafter as possible.

ZONING

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board instructed that all cases

requesting postponement be the first cases to be addressed at any future rezoning hearings.

PUBLIC HEARING #5-84-4 A to R-1-10 Vinko Brodjanac

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 Commission and approved rezoning from A (Agriculture) to R-1-10 (Medium Residential).

PUBLIC HEARING #10-84-4 A to RR Vonell H. Miller

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 Commission and postponed this case until March 13, 1984, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING CUP #896-4 CUP in RR Vonell H. Miller

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 Commission and postponed this case until March 13, 1984, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING #6-84-4 R-1-7 to RP Paul H. Wood, Jr.

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban

Residential) to RP (Multiple Family Residential-Professional).

PUBLIC HEARING #7-84-4 RR to RP Shelton D. & Roberta F.

Bailey

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RR (Rural

Residential) to RP (Multiple Family Residential-Professional).

PUBLIC HEARING #4-84-5 R-l-7 to A Jack K. Austin

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 Commission and denied the rezoning from R-l-7 (Urban Residential) to A (Agriculture).

Mr. Alvin Clark, Umatilla, addressed the Board and questioned how Mr. Austin obtained permission to build a fernery.

Mr. Willett, County Administrator, stated that he was unaware that a fernery existed on the property and stated that it could possibly be a code violation.

Those present also objected to the amount of noise that the motor of the well made at night. The Board directed the County Attorney's Office to check the state requirements of the number of decibels allowed on machinery in residential areas.

PUBLIC HEARING #2-84-l RM to R-1-15 Joseph F. Fedor

No one present wished to discuss the rezoning with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until March 13, 1984, at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING #8-84-4 C-2 and RP to CP Frederick R Corley

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 Commission and denied the rezoning case from C-2 (Community Commercial) and RP (Multiple Family Residential- Professional) to CP (Planned Commercial).

PUBLIC HEAPING CUP #799A-2 CUP in R-l-7 & C-l St. Mark Luthern Church

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in R-1-7 (Urban Residential) and C-l (Rural or Tourist Commercial) for a church.

PUBLIC HEARING #ll-84-2 R-1-7 to A Uniflora Overseas Fla.,

Inc

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 Commission and approved rezoning from R-l-7 (Urban

Residential) to A (Agriculture).

PUBLIC HEARING #3-84-2 R-l-7 to C-l Kermit Clay & Rex T.

Winn

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 Commission and denied the rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING #12-84-3 A to C-l George R. Sprinkle

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 Commission and approved rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING CUP #707B-3 Amend CUP George R. Sprinkle

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 Commission and approved the amend the CUP to include additional property.

FIRE DISTRICTS-DEPARTMENTS/ELECTIONS

Discussion continued regarding excluding Mid-Florida Lakes from voting on the fire referendum on March 13, 1984.

Mr. Minkoff, County Attorney's Office, stated that he had spoken with Mrs. Stegall, Supervisor of Elections, and that there were 1600 voters in Precinct 9A, 1100 of which were Mid-Florida Lakes residents. He stated that Mrs. Stegall would like to contact the Secretary of State on the possibility of having two separate machines, one for Mid-Florida Lakes residents and one for the non-residents. He stated that Mrs. Stegall would report back to the Board with the comments from the Secretary of State at the next meeting.

SHERIFF/BUDGETS

Commr. Carson addressed the Board to discuss problems with the Sheriff's Department budget. He gave a brief synopsis on action that had taken place during the budget workshops. He stated that the Board had tentatively approved to increase the Sheriff's budget $900,000 over the previous year, but later in the workshops, the Board found it necessary to reduce the budget to $750,000. He stated that Sheriff Griffin has indicated that he will be short $150,000 in his 1983-84 budget. He stated that the reason the budget falls short was that different salary bases were used by the Sheriff and the Board Members.

The Board discussed the revenues which would be received by Lake County for the fiscal year 1983-84.

Commr. Carson stated that he requested reconsideration of the Sheriff's budget to replace the $150,000 back into the budget. He stated that Sheriff Griffin has indicated that he would need $141,600 to break even.

The Board postponed any further discussion until Mr. Chris Giachetti, Sheriff's Department, could be present.

PUBLIC HEALTH/APPOINTMENTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted the resignation of Dr. Maurice Berger from the Board of Directors of the North Central Florida Health Planning Council, Inc. and directed that a letter of appreciation be sent to Dr. Berger.

COMMUNICATIONS/COURTHOUSE

Mr. Heppberger, Leesburg, addressed the Board regarding the microphone system in the fourth floor Courtroom in the Old Courthouse. He stated that more microphones were needed in the room.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:lO p.m.

GLENN C. BURHANS, CHAIRMAN

JAMES C. WATKINS, CLERK

mcg/2-16-84