A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 11, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, June 11, 1985, 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.; C. A. "Lex" Deems; Claude E. Smoak, Jr.; Thomas J. Windram (arriving at 9:45 a.m.). Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director; and Toni M. Austin, Secretary.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of June 4, 1985, as amended and corrected.

EMERGENCY SERVICES/AMBULANCE-HOSPITAL DISTRICTS/INSURANCE

Mr. Watkins discussed with the Board the insurance covering the communications console located at Leesburg Regional Medical Center. He stated that the Medical Center is carrying property insurance on the equipment and the County is carrying property insurance on the equipment, because it is still tagged with County property numbers.

Mr. Watkins stated that he would review the insurance policies and costs and handle the matter accordingly.

BONDS - CONTRACTOR

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

New

4268-85 Glen Roland Rodgers (Heating & Air Conditioning)

4269-85 Howard Edwards d/b/a Edwards Aluminum (Aluminum)

4270-85 Michael E. Tinch d/b/a Tinch Electric (Electrical)

4271-85 Jim Kaminski d/b/a K. D. Enterprises (Drywall)

4272-85 Mark Dixon (Electrical).

LICENSES AND PERMITS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following gun permit and bond:

New

Alexander M. Aiken

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending May 31, 1985, in the amount of $10,512.38.

COURTS-JUDGES

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

carried unanimously, the Board approved and authorized proper

signatures on the following Satisfaction of Judgments:

1. Lisa Marie Cronin, Juvenile, and Deborah Rios, Parent,

in the amount of $150.00, Case #83-913-CJ.

2. Lisa Marie Cronin, Juvenile, and Deborah Rios, Parent, in the amount of $150.00, Case #82-143-CJ.



COUNTY ADMINISTRATOR'S AGENDA

PLANNING DEPARTMENT/REPORTS

Mr. Dan Kotulla, Director of Planning, appeared before the Board to discuss the Orange County Comprehensive Plan Evaluation and Appraisal Report. Mr. Kotulla stated that the Report had been reviewed and appeared to have no conflicts with Lake County's Plan, and at this time recommended that a letter be directed to Orange County stating such.

Mr. Kotulla stated that he would draft a letter for the Chairman's signature.

ASSESSMENTS/ROAD PROJECTS/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for a change order with Hewitt Contracting Co., Inc. for Project No. SA-37 to include Ebersole Road in the amount of $87,818.00.

BONDS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to release the following maintenance bonds:

Lake Idlewood Estates

Silver Ridge Subdivision

Lake Forest Subdivision

Arbonnere Subdivision

DEEDS/ROADS-COUNTY AND STATE

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

carried unanimously, the Board accepted the following right- of- way deeds:

Mildred Bornstein - Oswalt Road #3-0840

Carrie Dabney - Pruitt Street Ext.

RESOLUTIONS/ZONING

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the Resolution establishing the fee schedule for the Public Facility District.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the following requests to live in a mobile 'home on the same piece of property on which their conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon completion of the conventional dwelling unit or upon the request of the Board of County Commissioners:

1. Donald E. Coval - Mt. Plymouth Area - District #4

2. Jerry D. Brinson - Fruitland Park Area - District #1

3. William Petrey, Jr. - Mt. Plymouth Area - District #4

COUNTY PROPERTY

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

carried unanimously, the Board approved for an opinion of value be obtained on the ten (10) acre parcel located on Griffin Road Conant Road and further evaluate the sale.

APPRAISALS/MENTAL HEALTH/COUNTY PROPERTY

Mr. Michael C. Willett, County Administrator, discussed with the Board the property located on Dixie and Childs Streets that Lake-Sumter Mental Health is interested in purchasing. He recommended that an MA1 appraisal be obtained.

Commr . Carson made a motion directing the County Administrator to secure an MA1 appraisal on Dixie and Childs Streets. The motion died for the lack of a second.

Discussion occurred regarding participation in the cost for the appraisal.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Administrator, Mr. Willett, to negotiate with an MA1 appraiser, with the cost to be born by the petitioner, with the County committed to refund one half of the cost of the appraisal at the consummation of the trans-action, and with an agreement by both parties as to the choice of the appraiser.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

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

carried unanimously, the Board approved the purchase of a carry- all for the Planning Department's survey crew from Cecil Clark Chevrolet in the amount of $15,500.00, as recommended by Mr. Willett.

COMMUNICATIONS

Commr. Burhans informed the Board of a letter received from Mr. Lou Treadway, County Commissioner, Orange County, requesting financial support from Lake County to assist Orange County in extending Florida's hospitality to the NACo Organization during NACo's annual conference in Orange County July 13-16, 1985.

Commr. Smoak made a motion authorizing the Chairman to communicate to Mr. Treadway an appropriate response to the above request. The motion died for the lack of a second.

APPOINTMENTS-RESIGNATIONS/LIBRARIES

Commr. Burhans informed the Board of a letter received from Mrs. Adelaide D. Hatfield recanmending the appointment of Mr. Walter C. Runge to the County Library Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board appointed Mr. Walter C. Runge for the position of Umatilla's County Library Board member.

GAME AND FRESH WATER FISH COMMISSION

Discussion occurred regarding the distribution of bass

fingerlings in Lake County, as presented in memorandum form from Mr. Ed Zagar, Florida Game and Fresh Water Fish Commission. Commr. Smoak suggested that someone in the Planning Department look at an equitable distribution for the South end of the County.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the disbursement of funds and accepted the stocking formula devised, being 20,000 fish stocked in each of the following: Lake Harris, Lake Eustis, Lake Yale, Lake Dora, and Clermont Chain; and before any other requests for fish are approved, that a distribution formula will be devised by the County.

LAWS & LEGISLATION

Discussion occurred regarding the optional gas tax. Mr. Chris Ford, County Attorney, stated that if the County will be levying the tax by ordinance, it must enter into interlocal agreements providing for the revenue's distribution with the municipalities by July 1, 1985. If an agreement with the cities regarding distribution of the tax cannot be reached, a resolution indicating the County's intent to levy the tax must be passed no later than July 15, 1985.

Mr. Willett stated that he would first like to find out how much money is in the County Transportation and Trust Fund, and then find out how much is expected from the Revenue Sharing Fund.

No action was taken at this time.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Discussion occurred regarding the Siemens and Colvin LGM Corporation Statement of Qualifications in connection with the NRG/Recovery Group, Inc.

The Board discussed the County not having a contract with NRG/Recovery Group, Inc., and having a canmitment from the Board subject to obtaining one more city's participation in the project. At this time it was indicated that no Letter of Commitment and proposal have been received, but have been requested by the Board.

Mr. Chris Ford, County Attorney, stated that after consulting with the representatives from NRG/Recovery Group, Inc., it was his understanding that they voluntarily withdrew the additional two dollar increase in tipping fees. Mr. Ford discussed previous action taken by the Board indicating that Browne Gregg would be owning 50% and there would be an increase, which would both have to be met in order to comply with the joint action taken 'by the Board.

At this time it was indicated by the Board members that a Letter of Commitment with terms and conditions was needed in order for the Board to pursue the project.

WATER RESOURCES

Commr . Smoak informed the Board of the status of the Green Swamp Area of Critical State Concern (ACSC) as received from the Department of Community Affairs Division of Resource Planning and Management. He stated that the State and Polk County have worked together so that instead of having a 10 percent site alteration on the uplands area or the flatwood area or percentages on any of the vegetative regimes, they are going to on-site retention, with no measurable change of runoff water after the improvement than before, and that they have on-site retention capabilities the first hour of the 25 year storm in addition to normal flow requirements. Be further stated that this should be considered for Lake County if we want to be considered for the designation approval handed back to the County as opposed to being filtered through Tallahassee. Commr. Smoak stated that he has a map available of the proposed acquisition areas from the Southwest Water Management District of lands located within Lake County, those areas which they have already acquired in addition to those areas which they are proposing to acquire. Be stated that the Southwest Management Board formally adopted a policy to acquire these lands in an approximate amount of 30 million dollars of expenditures in public funds, and at the same time adopted a policy to let them stay in their natural state. He indicated that he had some reservations regarding the policies.

CONTRACTS, LEASES & AGREEMENTS

Mr. Chris Ford, County Attorney, informed the Board of a letter received from CATV-Telephone Communications, Inc. requesting a thirty day extension on all phases of their franchise in order to meet the time constraints associated with building their system.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the thirty day extension on the fran- chise with CATV-Telephone Communications, Inc.

Commr. Windram was not present for the vote.

ACCOUNTS ALLOWED/EDUCATION/RESOLUTIONS/CONTRACTS, LEASES

AND AGREEMENTS

Mr. Tom Coffman, Resource Development Officer, Lake-Sumter Community College, appeared before the Board to request the endorsement by the Board for Lake-Sumter Community College's "O.C.O. Community Television Cable T.V. Project".

Mr. Coffman stated that the College has received a $35,000 State Grant from Tallahassee to fund a cable casting system. He stated that the monies provide 65% State funds and 35% local funds to meet the first phase. The second phase will be submitted November 1, 1985.

Mr. Coffman stated that the College was requesting the Board to assist in the costs by contributing $1,000 for start up and implementation costs to develop citizen information programs, community services and emergency systems as well as receive technical assistance from the College. He stated that Leesburg Cablevision intended to increase the channel capacity with no increase in rates.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board endorsed the resolution and approved the $1,000 expenditure to fund a one-time grant acquisition proposal in joint partnership with Lake-Sumter Community College and the Board of Education, provided that they generate sufficient funds to meet the matching funds that are necessary to achieve the grant, and that all State Statutes are complied with.

Mr. Coffman stated that he would present to the County Attorney all information for the clarification of the grant application and funding and the need for an interlocal agreement.

ACCOUNTS ALLOWED/CONTRACT, LEASE.92 AGREEMENTS

Mr. Duke Landorf, May, Zima & Company, appeared before the Board to discuss the Agreement for External Audit for the three fiscal years ending September 30, 1985, 1986 and 1987. He stated that the County has the option to extend the original contract for three additional fiscal years with compensation and the related scope of services subject to negotiation.

Mr. Watkins stated that the contract has been reviewed by himself and Mr. Robert Wilson, Finance Director, and recommended that the contract be approved.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized and accepted the contract with May, Zima & Company, as presented by Mr. Landorf.

BUDGETS/CLERK

Mr. Watkins informed the Board that the Clerk's proposed budget would be heard before the Board on June 20, 1985, at 10:30 a.m.

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Willett, County Administrator, informed the Board that Mr. Chuck Sowers, Fire Coordinator, had a bout of illness, but would be resuming his duties the following week.

At this time the Board commended Mr. Sowers and Ms. Karen Bowerman, Fire Prevention Specialist, for their job performance in the County, especially during the fire in the Astor area, as referred to in a letter received from the Astor Volunteer Fire Department.

RECESS & REASSEMBLY

At 10:25 a.m. the Board recessed for lunch and reconvened at 2:00 p.m. for Rezoning.

REZONING

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to postpone the following rezoning cases until July 9, 1985, at 2:00 p.m. or as soon there-after as possible:

#71-85-5 Jim Page

#66-85-2 Dorothy Oldham & Dorothy C. Heald

CUP #975-3 Kenneth Boykin & Betty Riffle

#72-85-3 Bruce G. Goren

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the withdrawal of CUP #974-4, Patsy Roberts.

PUBLIC-HEARING #169-84-4 A to R-1-7 Arthur & Eva Porter

No one was present to discuss this request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to ER (Estate Residential).

Commr. Windram was not present for the vote.

PUBLIC HEARING #47-85-4 A to RR Clara Ludecke

No one was present to discuss this request with the Board.

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

Commr. Windram was not present for the vote.

PUBLIC HEARING #50-85-4. Amend MP Advanced Energy Corp.

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request to amend the MP (Planned Industrial) site plan for an industrial park.

Commr. Windram was not present for the vote.

PUBLIC HEARING #73-85-2 R-1-5 to CP Lake Memorial VFW Post

#4705

No one was present to discuss this request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved as amended the request for rezoning from R-l-5 (Mobile or Mixed Residential) to CP (Planned Commercial) for a VFW meeting hall and memorial for U.S. Veterans.

Commr. Windram was not present for the vote.

PUBLIC HEARING#51-85-2 A to CP Yalaha Community Church

No one was present to discuss this request with the Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to PFD (Public Facility District).

PUBLIC HEARING CUP #922A-3 CUP in A Robert J. Wade

Commr. Smoak discussed an amendment made by the Planning and Zoning Commission involving the change in (3) (A) (10) to be 20 acres. He stated that at no time should there be more than 10 acres of land that needed to be restored.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the original 10 acres be restored by amending the recommendation of the Planning and Zoning Commission under Amendments, 2., Change (3) (A) (10) to read "The 10 acres lying 330 ft. to the East and 1,320 ft. to the North of Hwy. 50...." and the balance of the language remain as presented.

Mr. Paul DeVelder, representing Mr. Wade, addressed the Board on the request for the 20 acres. He stated that the 20 acres would allow enough room to move the mill itself from its present site to the new site allowing the operation to continue.

Mr. Bob Wade, Clermont, addressed the Board regarding the request for the 20 acres.

Commr. Smoak stated that the intent of the motion was that the petitioner have an additional 10 acres of useable land for each 10 acres that they recover, beginning with the 10 acres located currently mined already located in the County; does not include the 10 acres located in the City, which they are going to reclaim immediately.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to amend the CUP to read "The eastern square 40 bounded on the east by Jacks Lake Road and the south by Highway 50, the north by the existing CUP line".

At this time Mr. Jerry Sexton, Director of Development, requested that the applicant submit to him a new legal description.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request as amended for a CUP (Conditional Use Permit) in A (Agriculture) for a commercial clay extraction and grading facility.

PUBLIC HEARING #68-85-5 A to RR Salvatore Porrello

No one was present to discuss this request with the Board.

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

PUBLIC HEARING #56-85-5 RR to ER Russell L. Young,Sr.

No one was present to discuss this request with the Board.

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

PUBLIC HEARING #55-85-5 RR to R-l-l Anthony Frank

Mr. Bob Skinner, Umatilla, appeared before the Board to discuss the rezoning request. He stated his major concern being a smaller acreage of property which would cause the development of smaller homes.

Mrs. Melba Tomalesky, Umatilla, appeared before the Board and stated that she objected to spot zoning and the rezoning being detrimental to her property.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RR (Rural Residential) to R-l-7 (Urban Residential).

PUBLIC HEARING #64-85-5 RR + CUP #949-5 to A + CUP #949-5

Jack H. Zimmer

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) + CUP #949-5 to A (Agriculture) + CUP #949-5.

PUBLIC HEARING #61-85-4 CP to C-l Richard L. Arthur

Mr. Richard Arthur, petitioner, appeared before the Board to object to the denial of the request. Mr. Arthur stated that he wanted to change the request from a laundramat and three office spaces to a laundramat and retail shops.

Mr. Michael Willett, County Administrator, discussed the uses permitted in C-l (Rural or Tourist Commercial) and parking requirements. Mr. Jerry Sexton, Director of Development, stated that the main problem was opposition by the neighbors.

Ms. Peggy O'Neal appeared before the Board and stated that she would be managing the laundramat. She presented the Board with a petition which consisted of 334 signatures from people that were in favor of the rezoning. She further presented the Board with pictures consisting of a traffic study that she had done and discussed the presence of children in the area at different hours of the day and evening. Ms. O'Neal stated that in order to get to a laundramat, you would either have to travel 10 miles to Deland or 17 miles to Eustis.

Ms. Evonne Case, representing herself and several others, opposed open zoning. She stated that she was concerned about the traffic in the area and the litter involved should a sub-shop be allowed. She further stated that she was in favor of a laundramat, but not eight or more shops. Ms. Case stated that she wanted to keep the area zoned residential, and objected to the studies presented on the traffic and children in the area.

Mr. Dominique Brocko appeared before the Board and stated that he wanted to see the area remain CP and was in favor of the denial.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board overturned the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from CP (Planned Commercial) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING #60-85-4 A to RR William Rashaw

Mr. William Rashaw, petitioner, was present to discuss the

rezoning request with the Board.

Mr. Michael Willett, County Administrator, informed the Board that the Development Staff had recommended denial of the RR zoning because the site was near intense agricultural areas.

Mr. Rashaw stated that his chicken farm would be located on his adjoining property.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board overturned the recanmendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agriculture) to RR (Rural Residential).

Commr. Windram was not present for the vote.

PUBLIC HEARING CUP #973-4 CUP in RR William Rashaw

Mr. William Rashaw, petitioner, was present to discuss the rezoning request with the Board. He stated that the major concern was the location of the property, which was eleven miles away and the need for emergency services. At this time Mr. Rashaw directed the Board's attention to a letter from Waterman Medical Center.

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 for a CUP (Conditional Use Permit) in RR (Rural Residential) for adult congregate living.

PUBLIC HEARING CUP #970-4 CUP in A Leslie Farrar, Jr.

No one was present to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the reccmendation of the Planning and Zoning Commission and denied the request for a CUP (Conditional Use Permit) in A (Agriculture) for semi-truck storage.

PUBLIC HEARING CUP #977-4 CUP in A Maypreno, Inc .

Mr. Dennis Horton, Attorney representing the petitioner, was present to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved as amended a request for a CUP (Conditional Use Permit) in A (Agriculture) for sand and clay extraction.

PUBLIC HEARING #63-85-4 R-l-7 to C-l or CP William E. Baldree

No one was present to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial) for a restaurant.

PUBLIC HEARING #54-85-4 A to RR Timothy Steedman

No one was present to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING #67-85-4 R-l-7 to RP Omer Schrock

No one was present to discuss this request with the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING CUP #379A-5 Amend CUP #379-5 in C-l

Barbara M. Chastain, et al

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved as amended the request to amend CUP (Conditional Use Permit) #379-5 in C-l (Rural or Tourist Commercial) to include additional property and increase travel trailer sites.

PUBLIC HEARING #59-85-l/5 A to R-1-10 T. R. Stumbo

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agriculture) to R-l-15 (Residential Estates).

PUBLIC HEARING #69-85-l A & RR to R-1-15 Rufus B. Ward

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) & RR (Rural Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING #65-85-l RR to C-2 or CP George Pringle and

Alta Kay

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to CP (Planned Commercial) for an automotive center and salesrooms, including accessory uses therefore: used car sales; paint, body & fender shops for incidental repair of vehicles.

PUBLIC HEARING #53-85-l RR to RMRP Patricia FPadgett, et al

Mr. Michael Martin, Attorney representing the Coca-Cola Company, appeared before the Board to discuss a letter directed to the Board from Mr. George W. Truitt, Vice President of the Company. He stated that there is no objection to the rezoning, but that certain pre-cautions should be taken due to the inherent conflict between high-density residential use and an ongoing agricultural citrus grove operation.

Mr. Martin discussed the Florida Statute "The Right to Farm Act", and the need to place property owners on notice of the agricultural use of land. Mr. Steve Mellich, Casselberry, representing the petitioner as their engineer, appeared before the Board to discuss the request for rezoning, and stated that they are aware of the problems associated with the sprayfield and orange grove. Mr. Mellich formerly stated things that the petitioner has incorporated into their design to alleviate the problems indicated by Mr. Martin.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RMRP (Mobile Home Rental Park Residential).

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed the County Attorney to communicate to the petitioner in writing that the adjacent zoning is a CUP for agricultural wastewater disposal, and to put on record that the County will require adequate fencing or adequate opaque screening of some sort so that there will not be problems or complaints about windborne aerosals, etc., and that the minutes of this meeting reflect that the Board of County Commissioners recognizes the existing land use adjacent to the property and the potential conflict, and in fact give fair and adequate warning to the petitioners of those potentials to arise, similar to what the County has done in other areas where industrial and residential areas back one another.

Mr. Jerry Tannebaum, Maitland, was present to discuss the site plan requirements.

PUBLIC HEARING CUP #971-l CUP in RMRP Patricia F. Padgett,

et al

No one was present to discuss this request with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP (Conditional Use Permit) in RMRP (Mobile Home Rental Park Residential) for a marina.

COMMISSIONERS

At this time Commr. Burhans turned the chairmanship over to Commr. Carson.

PUBLIC HEARING #57-85-l RR to A G. L. McComb, et al

No one was present to discuss this request with the Board.

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

Commr. Burhans was not present for the vote.

PUBLIC HEARING CUP #901-l Revocation of CUP in C-Z

Development Staff

No one was present to discuss this request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request for revocation of the CUP (Conditional Use Permit) in C-2 (Community Commercial) for a caretaker's residence that is now permitted by MP (Planned Industrial) #46-84.

Commr. Burhans was not present for the vote.

COMMISSIONERS

At this time Commr. Carson turned the chairmanship back over

to Commr. Burhans.

PUBLIC HEARING #70-85-l C-2 & RR to C-2 & RM C. A. Deems

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and zoning Commission and approved the request for rezoning from C-2 (Community Commercial) & RR (Rural Residential) to C-2 (Community Commercial) & RM (Mobile Home Residential).

Commr. Deems declared a conflict of interest and abstained

from discussion and voting because he was the applicant.

PUBLIC HEARING #62-85-2 A to RR Milan Conrad

No one was present to discuss this request with the Board.

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

PUBLIC HEARING #58-85-2 A to C-2 Isabel M. McConnell and United Groves, Inc.

No one was present to discuss this request with the Board. On a motion by Commr. Deems, seconded by Commr, Carson and

carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to C-2 (Community Commercial).

PUBLIC HEARING CUP #972-3 CUP in A Janet C. Hill

No one was present to discuss this request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP (Conditional Use Permit) in A (Agriculture) for a home occupation of limited veterinarian services.

PUBLIC HEARING CUP #976-3 CUP in A Wade Bradford, et al

No one was present to discuss this request with the Board. On a motion by Commr. Smoak, seconded by Commr. Carson and

carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved as amended the request for a CUP (Conditional Use Permit) in A (Agriculture) for a clay pit.

PUBLIC HEARING CUP #923A-3 Amend CUP #923-3 in RP Bramalea

Mr. Richard Pooley, Managing General Partner of Bramalea, appeared before the Board to discuss the request. At this time Mr. Pooley presented an up-to-date phase diagram of the project and discussed the types of development and costs. He further discussed options that the renters would have made available to them and the recreation facilities that would be included in the development. Mr. Pooley stated that the project would have security and health and safety services, and was in the process of assisting South Lake Memorial Hospital in obtaining their Certificate Of Government and Certificate of Need for a trauma center at the development.

Mr. Tom McCloud, representing Bramalea, addressed the Board and requested approval of the following amendments:

1. That the amendments approved by the Planning and Zoning

Commission be approved and placed in the appropriate places in the development order (DRI).



2. Page 14 of the Conditional Use Permit, 3. 5., (last paragraph) "All other streets within the development shall meet the Lake County Subdivision standards other than right-of-way width".



On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request to amend CUP (Conditional Use Permit) #923-3 in RP (Multiple-Family Residential-Professional) to revise site development of the Bramalea PUD (Planned Unit Development). Included in the motion was approval of the above amendments as requested by Mr. McCloud.

COMMUNICATIONS/CLERK

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board appointed Mr. Watkins, Clerk, to pick up the County's voting credentials and material and to vote for this County in matters that cane before the National Association of Counties, as indicated in the Memorandum dated May 29, 1985, from NACO.

ROADS-COUNTY AND STATE

Mr. Steve Richey appeared before the Board to request the Board's acceptance of the industrial road on CR-561.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted the road on CR-561 into the County's maintenance system.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.

Glenn C. Burhans, Chairman

ATTEST:

James C. Watkins, Clerk

TMA/6-17-85