A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 10, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, April 10, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of April 3, 1984, as submitted.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Mr. Watkins discussed with the Board a request from the Sheriff's Department for the purchase of carpet to be placed along the walls in the Communication's Room to help muffle the sounds. He stated that the cost for the carpet would be $381.36 and the labor for the installation of the carpet and the moving of furniture would be $196.68, for a total amount of $578.04.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Sheriff's Department for the purchase and installation of carpet from Cadwell's Discount Carpet for the total amount of $578.04.

RESOLUTIONS/SHERIFF'S DEPARTMENT

Mr. Watkins, Clerk, informed the Board that he had received a letter from James B. Brown, Jr., Chief of Police, Leesburg, requesting that Senior Officer Kenneth Smith be recognized for his heroic task as an officer.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and authorized signatures on a resolution acknowledging the heroism of Senior Officer Kenneth Smith, Leesburg Police Department.

BONDS - CONTRACTOR

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

carried unanimously, the Board approved the following Contractor

Bonds:

New

1265-84 Albert W. Maluda d/b/a Maluda Roofing (Roofing)

4105-84 Dennis Thompson (Terrazzo & Tile)

4107-84 Steven J. Howard (Residential Class C)

LICENSES AND PERMITS

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

Renewals

Martin Sopocy Renee Rigdon

Leslie Palmer Charles Haines

William J. Brett David C. Hanson

REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending March 30, 1984, ($9.679.35).

PUBLIC WORKS/OUTDOOR RECREATIONAL FACILITIES

Discussion occurred regarding a letter received from Tom Dorman, County Commissioner, Orange County, regarding the Orange County Park and Iron Bridge Restoration Project.

Commr. Carson stated that since the Helena Run bridge is not owned by Lake County or the State, and if Orange County wants to acquire the property, they should research the ownership and negotiate with them.

Discussion occurred regarding Orange County trying to obtain historical information regarding the bridge and property. Mr. Willett, County Administrator, stated that at one time Norma Hendricks was researching the history of the bridge. He suggested Orange County contact Mrs. Hendricks and the Lake County Historical Society.

Commr. Carson stated that he felt that Lake County should not spend money and time for the investigation of ownership since the County was not interested in the purchase.

At this time the Board directed Mr. Willett to investigate the request and correspond with Orange County.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for the attend-ant's cash on hand at the Umatilla Landfill be increased to $50.00.

DEEDS/RIGHT-OF-WAYS-ROADS-EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the following Right-of- Way deeds:

1. Robert P. and Bernice Hughes on Emeralda Island Road

#5-7528

2. Maureen P. Kelly on Griffin Road #l-7611

ACCOUNTS ALLOWED/VETERANS SERVICES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the travel request for Arthur F. Ragland, Obie Brown, and Dorothy Orr, Veteran's Services, to attend the Annual State Service Officers' Training Conference on May 6 through 10, 1984, in Daytona Beach at an estimated cost of $790.90.

COUNTY PROPERTY/PUBLIC WORKS

Michael C. Willett, County Administrator, informed the Board that the Public Work's Department is in receipt of the title searches for the surplus property and is now ready to advertise for sale.

Discussion occurred regarding the County's protection for bid payments.

Chris Ford, County Attorney, recommended that the Board reserve all rights to object to any and all bids.

Discussion occurred regarding cashier's checks, irrevocable letters of credit and bid bonds.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved for the posting of a cashier's check, an irrevocable letter of credit, or a bid bond in the amount of 10% of the total bid for the purchase of the surplus property to be advertised.

Mr. Willett stated that the list of property would be brought back next week for final approval by the Board before advertisement. He further stated that all forms of notification would be taken for the sale of property.

COUNTY EMPLOYEES

Michael C. Willett, County Administrator, addressed the Board regarding his memorandum dated April 9, 1984, in reference to the County Reorganization.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the following salary ranges for the following directors:

Minimum Maximum

Director of Public Works $30,000 $39,875

Director of Health and Human

Services 22,000 30,500

Director of Administration 21,000 30,000

Director of Development 23,000 31,000

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and upheld the recommendation of Mr. Willett to have Jerry Sexton remain in the position of Director of Development and Dan Kotulla be placed in the position of County Planner.

Included in the motion was approval to advertise the balance of positions as presented in Mr. Willett's memorandum.

EMERGENCY SERVICES/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Joe Stephany, Emergency Services Director, appeared before the Board to discuss his request for $3,100 for a computer system study and design work required to include fire protection assessments in the Property Appraiser/Tax Collector computer program.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for the $3,100 expenditure at Mr. Stephany's discretion to implement the fire protection information necessary to comply with the computer requirements in Mr. Havill's office.

Discussion occurred regarding the funding of the computer program.

Commr. Smoak stated that it was his understanding after talking with Mr. Havill, Property Appraiser, that District funds would be used to set up the program; however, the Board did not clarify whether the County would wait for those funds to be made available or use other funds until such time the funds were there for reimbursement. He further suggested using Contingency funding until such Revenue from the Fire Districts was made available. Commr. Smoak stated that it was further understood that the County would cover the costs to put the information into the Property Appraiser's computer and reimburse those costs to the County from the collection fees.

It was the feeling of the Board that the preliminary steps as recommended by Mr. Stephany should be taken first before other commitments were made.

Chris Ford, County Attorney, stated that the money that was going to be spent to create and help the fire districts are valid expenses, but no loan of funds could be given legally.

Discussion occurred regarding use of Federal Sharing funds for the program.

ASSESSMENTS/BIDS

At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #21, Linda Lane and Clara Drive, Western Shores Subdivision.

Michael C. Willett, County Administrator, informed the Board that a phone call was received from Anthony J. and Elizabeth J. Bonicioli, objecting to the assessment.

At this time it was noted that no one present in the audience objected to the assessment.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the lien assessment roll for Special Assessment #21, Linda Lane and Clara Drive, Western Shores Subdivision, and awarded the bid to Hewitt Contracting Company in the amount of $34,321.95.

At this time it was noted that all corrections had been made to the assessment roll

Ml. Willett answered all questions the audience had regarding the figuring of the assessments for their property, and informed them that the construction would begin within 60 days.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Commr. Burhans informed the Board that he had received a letter dated April 6, 1984, from Noel E. Griffin, Jr., Sheriff, requesting a transfer of funds from the Lake County Sheriff's Office Contingency Fund to purchase two radio consoles including installation and all related equipment, at a cost of $16,475.

Discussion occurred regarding the utilization of the present console. Commr. Smoak and Commr. Deems felt that the console in operation was not being used to the maximum capacity.

Commr. Smoak suggested switching the console at the ambulance district in Leesburg with the one presently being used in the Sheriff's Department and putting the Sheriff in a better position to utilize the equipment that the County already owns.

Commr. Carson and Commr. Burhans were concerned with the moving of the consoles because the console now located at the amublance facility in Leesburg was bought with Federal funds through the State for the purpose of Emergency Medical Services.

It was the feeling of the Board that the communication equipment located within the Sheriff's Department should be examined to determine its capacity.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved to refer the request from Noel E. Griffin, Jr., Sheriff, for the purchase of two radio consoles including installation and all related equipment to the Building Committee for their review and to return to the Board with

recommendations.

Commr. Burhans voted "no".

APPOINTMENTS/LIBRARIES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the appointment of Mrs. Janet French to the Countywide Library Board to fill the position of Mr. F. P. Hatfield who recently resigned from the Board.

ACCOUNTS ALLOWED/ELECTIONS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from Emogene W. Stegall, Supervisor of Elections, to purchase twenty-five (25) voting machines at $25 per machine from Orange County.

COMMUNICATIONS

Commr. Burhans informed the Board of a letter received from Ray Stratton, Pastor of Village Church, Leesburg, confirming a verbal agreement for the use of the park at Lake Jem, Venetian Village area on Memorial Day, May 27, 1984, from 10 a.m. to 10 p.m.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Ray Stratton, Pastor of Village Church, Leesburg, to use the park at Lake Jem, Venetian Village area, on Memorial Day, May 27, 1984, from 10 a.m. to 10 p.m. for the fellowship of the Church, but to communicate with Pastor Stratton that it will not be for their exclusive use.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff for monies in the amount of $441.70 to reimburse the Lake County Sheriff's Department for sending Deputy John C. Macafee to the "Crime Scene Technician Training School" held March 5th through March 30th, 1984, at the Mid-Florida Technical Institute in Orlando, pursuant to Florida Statute 943.25(8)A, Lake County Ordinance 1982-1.

PETITIONS/ROADS-COUNTY AND STATE

The Board acknowledged receipt of a petition from residents on Jackson Road requesting their road be paved. Michael C. Willett, County Administrator, informed the Board that the request would be coming before the Board next week on the County Administrator's Agenda.

COMMUNICATION/HEALTH DEPARTMENT

Commr . Burhans informed the Board of a letter received from Dr. June M. Atkinson, Director of the Lake County Health

Department advising that the Department of Health and Rehabilitative Services has given her permission for administrative leave, April 25 until May 30, 1984, to take up a World Health Organization Fellowship in England to study the innovative and cost-effective methods they are using to improve the outcome of pregnancy.

OUTDOOR RECREATIONAL FACILITIES/PUBLIC WORKS

The Board acknowledged receipt of a letter from Loren K.

Gibbons, Gibbons Enterprises, Vallejo, California, who operates the Lake Harris Scenic Cruises out of Venetian Gardens in Leesburg.

The Board referred the letter to Michael C. Willett, County Administrator.

DEEDS/MUNICIPALITIES/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the

signature of the Chairman and the Clerk on the Deed and Resolution between Lake County and the Town of Astatula for the conveyance of real property for the expansion of a recreational park.

LANDFILLS

Chris Ford, County Attorney, informed the Board of a Department of Environmental Regulations (DER) meeting in Miami April 11, 1984, regarding the closing of landfills. Mr. Ford stated that it would be worthwhile to have someone attend the meeting so that a copy of the rule could be obtained, since the rule has not been actively published. Mr. Willett stated that he hoped he would have someone available to attend.

ACCOUNTS ALLOWED/PRIVATE INDUSTRY COUNCIL

Commr. Windram discussed with the Board a memorandum received from Jim Flowers, Private Industry Council Director, regarding the purchase of informational brochures for Job Development.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from Jim Flowers, Private Industry Council Director, regarding the purchase of 2,500 informational brochures for Job Development in the amount of $1,450.00, and to be paid from Private Industry Council funds.

CODE VIOLATIONS

Commr . Burhans informed the Board of a problem at Deerhaven where Mr. Fred Rossie has built a fence around his beehive and there have been complaints that residents of Deerhaven are getting stung by the bees. He stated that the Code Enforcement Board is aware of the problem.

Chris Ford, County Attorney, stated that since there are witnesses who are being stung, perhaps the Sheriff's Department could investigate the problem by airplane.

The Board directed the above problem to the County Attorney.

RECESS AND REASSEMBLY

At 10:45 a.m. the Chairman announced the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning Cases.

REZONING

PUBLIC HEARING CUP #860A-1 Amend CUP 860-l Blue Parrot Park

PUBLIC HEARING #40-84-2 RP to M-l Lynne Precast Inc., and

W. Brunson Gibson

No one in the audience wished to discuss these cases 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 postponed these rezoning cases until May 8, 1984, at 2:00 p.m. or as soon thereafter as possible.

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

Jerry Sexton, Planning and Zoning Coordinator, informed the Board that this case was approved by the Board on March 13, 1984, and it would not be heard at this time.

PUBLIC HEARING #18-84-l RR to A David Moulton, Sr.

Mr. Larry Taylor, Attorney representing a number of residents in the Clear-view Lake Area, addressed the Board in opposition of the rezoning. Mr. Taylor stated that the way the property in the area was originally zoned, the way it was sold and representations that were made, and the way that the property has continued to develop enhances the standing as Rural Residential zoning. Mr. Taylor further stated that approximately 135 truck loads of dirt have been removed from this property which has caused much concern among the residents in the area who think it might have been.removed for commercial use. He stated that the request to the Board was to preserve the type of neighborhood and atmosphere that have been established in this area. Mr. Taylor further stated that the amount of dirt removed and the time involving about six days of the week was causing a lot of clouds of dirt and noise. He further stated that there was concern for the erosion of property where sand has been removed and the storing of large equipment such as trucks.

Discussion occurred regarding the placing of mobile homes on the property should the property be rezoned to agricultural.

Mr. Fred Morrison, Attorney representing Mr. Moulton, the applicant, stated that the good soil is going to be preserved for the site. Mr. Morrison informed the Board that Code Enforcement decided that the dirt moving activity by Mr. Moulton was not a violation, but the parking of his large vehicles was a violation. He stated that Mr. Moulton's intention was to use his 10 acres for this parking and storage of equipment. He further stated that Mr. Moulton was still requesting the agricultural rezoning whether or not the Board approved the Conditional Use Permit for the storage of the equipment. He stated, that because the of 30 foot easement, Mr. Moulton would not be able to get full RR usage of his property.

Mr. Taylor responded by stating that if Mr. Moulton wanted to use his property for agricultural use, that option is available to him under the present zoning. Mr. Taylor stressed the considerable opposition in this particular rezoning.

Mr. Andy Rose, owner of rural residential property nearby, questioned the permitted uses under RR.

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

PUBLIC HEARING CUP #900-l CUP in A David Moulton, Sr.

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 CUP in A (Agriculture) for equipment storage.

PUBLIC HEARING CUP #102-5 Revocation of CUP #102-5 in R-l-7

Daniel Porter

No one in the audience 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 the Revocation of Cup #102-5 in R-l-7 (Urban Residential) to enable them to apply for rezoning to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #32-84-5 R-l-7 to R-l-5 Daniel Porter

No one in the audience 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 the rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential) in order to place another mobile home or conventional home on the property.

PUBLIC HEARING #42-84-5 R-1-7 to R-1-5 Richard Kreuger

No one in the audience 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 the rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential) for a mobile home residence.

PUBLIC HEARING #33-84-5 A to RR Walter E. Kemp

NO one in the audience 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 the rezoning from A (Agriculture) to RR (Rural Residential) to build another dwelling on the property.

PUBLIC HEARING #43-84-5 R-l-7 to AR Jack K. Austin

Mr. Virgil Hawkins, Attorney representing several residents in the area, addressed the Board in opposition of the rezoning. Mr. Hawkins stated that the reasons for opposition was the noise of the irrigation pumps and the unsightliness of the property.

Mr. Steven Richey, Attorney representing Mr. Austin, appeared before the Board and stated that he had met with some of the residents in the area who had complaints about the irrigation noise. Mr. Richey further stated that one of the CUP terms was that all engines utilized in vehicles or utilized in blowers or the pumping of water shall be so muffled as not to be determined a noise nuisance to the neighborhood. He further stated that the rezoning would be an improvement because of a major decrease in density. Mr. Richey stated that another problem was drainage along Church Street, and that the right-of-way has been acquired and the County now has the Deed. He further stated that the rezoning would improve the property economically and physically because of the right-of-way.

It was noted that the right-of-way has not been accepted by the Board.

Mr. Austin stated that he would be willing to deed the right-of-way to the County.

Discussion occurred regarding the consideration of using electric power units as opposed to diesel power units, using diesel only for a backup in case of a freeze.

Mr. Austin stated that he would not have any objections to striking the word "retail" from the terms in the CUP.

Mr. Jessie Moore, property owner, appeared before the Board and stated that the spraying and the running of the pumps at night disturbed him.

Mr. Richey stated that Mr. Austin would have no objections to any conditions to the CUP regarding the operation of the irrigation units.

Commr . Smoak stated that he would support the rezoning and CUP provided retail sales be eliminated; adding a F and a G which restricts the use of the engines and the blowers to Monday hrough Friday during morning hours, except in emergency and freeze

condiions; secondly, that a right-of-way deed be prepared and a 50 foot right-of-way be conveyed to the County describing a parcel of land, in which contains the existing road bed and the existing drainage facility.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from R-l-7 (Urban Residential) to AR (Agricultural Residential) for greenhouses.

PUBLIC HEARING CUP #904-5. CUP in AR Jack K. Austin

No one in the audience 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 CUP in AR (Agricultural Residential) for a greenhouse with the following amendments included in the terms:

1. A. Greenhouses allowing wholesale sales of plants produced or stored on the property.

F. Use of the engines and blowers to be restricted to Mon- ay through Friday during morning hours, except for freeze protection and emergencies.

G. A right-of-way deed of 50 feet be conveyed to the County describing a parcel of land containing the existing road bed and drainage facilities which lie on Mr. Austin's property.

PUBLIC HEARING #36-84-4 A to C-l Jordan Iserman

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved the rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial) for a convenience store.

Commr. Smoak was not present for the vote.

PUBLIC HEARING #41-84-4 RR to RP Thomas Folmar

No one present in the audience wished to discuss this case

with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning Commission and approved the rezoning from RR (Rural Residential) to RP (Multiple Family Residential-Professional) for Professional offices.

Commr. Smoak was not present for the vote.

PUBLIC HEARING CUP #902-4 CUP in R-l-l Bret Cipes

Mr. Bret Cipes appeared before the Board to discuss his case. Mr. Cipes stated that he felt that one reason that the Planning Commission turned down his request was because they were told that the County Commissioners do not have the power to grant a CUP in a residential R-l-7 zone. He questioned the acceptance of his application if these were the circumstances.

Michael C. Willett, County Administrator, stated that the Zoning Department does not have the authority to turn down any applications. Mr. Willett stated that the Board had decided several years ago that the original Ordinance would not allow home occupations in urban zoning districts.

Chris Ford, County Attorney, stated that an amendment to the Ordinance would have to be prepared in order to approve this application.

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 CUP in R-l-7 (Urban Residential) for Home Occupation of Real Estate, and also Mr. Cipes' filing fee be refunded for the application.

PUBLIC HEARING #46-84-4 RMRP to MP E. W. Zesch

Mr. Wendall Moore, resident of the property, appeared before the Board and stated that Mr. Zesch, his brother-in-law, is the legal owner of the property, but that he will be running the operation

Mr. Joe Coppola, property owner, appeared before the Board to discuss the rezoning. Mr. Coppola questioned the footage from the highway and the Light Manufacturing uses.

Mr. Moore informed the Board that he did not have any specific plans for the property, but was considering warehouses and possible small retail businesses.

Jerry Sexton, Planning and Zoning Coordinator, stated the

recommendations and conditions for the rezoning.

Mr. Coppola objected to the appearance of the property and the noise pollution. He felt that Mr. Moore has too much of a lee way for developing on his property.

Commr. Windram stated that there seemed to be a problem with the scope of uses for the property. He suggested that the Board postpone the case so that the applicant can return with a firm proposal, or approve a denial without prejudice which would permit the applicant to return within one year with a proposal.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to postpone this rezoning case until May 8, 1984, at 2:00 p.m. or as soon thereafter as possible, in order to give the applicant additional time to submit to the Board a firm proposal.

PUBLIC HEARING #47-84-3 A to CP or MP Bijan Namvar

No one in the audience 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 A (Agriculture) to CP (Planned Commercial) for a sign consignment shop.

PUBLIC HEARING #44-84-l Amend CP Hebert C. Stenger

No one in the audience wished to discuss this case with the

Board.

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

PUBLIC HEARING #49-84-l Amend CP Neil J. Fischer Jr. and

Thomas A Kent

No one in the audience wished to discuss this case with the Board.

PUBLIC HEARING #45-84-l A to RR Mrs. Thedford Kidd

No one in the audience wished to discuss this case with the

Board.

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

PUBLIC HEARING #48-84-l A to RR Gershon P. Bosanquet

No one in the audience wished to discuss this case with the

Board.

PUBLIC HEARING CUP #901-l CUP in C-2 Raleigh Rice

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the CUP in C-2 (Community Commercial) for a mobile home as a caretaker's quarters.

PUBLIC HEARING #35-84-l A to AR John and Pamella Issacs

No one in the audience wished to discuss this case with the Board.

PUBLIC HEARING #34-84-2 R-l-7 to R-l-6 or RP

L. Salmi & L. Starr

Mr. Frank Starr, applicant, appeared before the Board and requested an explanation of the denial.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from R-l-7 (Urban Residential District) to R-l-6 (Residential District) or RP (Residential Professional) to build a Multi-Family dwelling on the remaining acreage.

PUBLIC HEARING #39-84-2 R-1-7 to C-l Howard Hewitt

No one in the audience 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 rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial) for an office building.

PUBLIC HEARING CUP #846A-2 CUP in R-l-15 for PUD Roger W.

Conner, Jr.

No one in the audience 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 the CUP amendment in R-l-15 (Residential Estates) for PUD, plans for a single family cluster residential community with 0' lot line clusters.

PUBLIC HEARING #38-84-2 A to CP Manuel L. Slyvia Sr.

No one in the audience 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 rezoning from A (Agriculture) to CP (Planned Commercial) as conditioned for golf cart, sales, storage, and repair and also for a residence.

PUBLIC HEARING CUP #903-3 CUP in A Florida Division

of Forestry

Mr. Terre11 Davis, Florida Division of Forestry, appeared before the Board to discuss the elimination of the 110 foot fall radius as required in section E of the terms.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend E under the Terms to provide that the Division of Forestry submit certification from a licenced engineer that the siting will accomodate any proposed fall of the tower within the boundaries of the land specified. Included in the motion was the agreement that the County may use the tower at anytime.

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 CUP in A (Agricultural) as amended for a Radio Tower.

PUBLIC HEARING #37-84-2 MP to A E. Judy, et al

No one in the audience 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 rezoning from MP (Planned Industrial) to A (Agriculture) for pasture land.

PUBLIC HEARING #51-84-3 CP to MP Albert Kreibeck

Mr. Bill Baldwin, Tavares, representing Linda Q. Mahany and Zella and Lonnie Moore from Orlando, appeared before the Board to discuss this rezoning case.

Commr. Windram stated for the record that he had received a letter personally from Mr. Baldwin, for which each Commissioner was copied, requesting a postponement so that legal counsel could be obtained.

Mr. Albert Kreibeck, applicant, appeared before the Board and stated that he felt that the people had ample time to object to the rezoning, and felt that a postponement was not necessary.

Mr. Baldwin stated that no signs were posted on the property, and it was only three to four day before the Planning and Zoning hearing that the Moores and Ms. Mahany received their mail stating that there would be a hearing. Mr. Baldwin further stated that the objections included the type of business that is being run on the property and the change to industrial zoning.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board agreed to hear this rezoning case today.

Mr. Kreibeck stated that he did not post any signs because he did not know and was not given signs to post at the time of application.

Chris Ford, County Attorney, stated his concern regarding the Ordinance requiring the posting of signs.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Mr. Kreibeck to continue this case for the posting of signs until May 8, 1984, at 2:00 p.m., or as soon thereafter as possible.

BUILDING COMMITTEE

Chris Ford, County Attorney, informed the Board that the Masonic Lodge in Tavares has informally offered the Masonic Building to the County for $105,000. Mr. Ford stated that the Building Committee had discussed the purchase and felt that the cost was too much, and the County would not be interested in the purchase at that price. Be further stated that should the purchase be made, the County would then own the whole block except for Mr. Duncan's office.

Discussion occurred regarding using the space for parking, or working out a trade for the building.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board directed Chris Ford, County Attorney, to obtain an opinion of value on the Masonic Lodge property.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:05 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

TMA/4-13-84