A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 13, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, August 13, 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.; Claude E. Smoak, Jr.: and C. A. "Lex" Deems. Commr. Windram was not present for the meeting. Others present were: James C. Watkins, Clerk; Michael C. Willett, County Administrator; Christopher C. Ford, County Attorney; Robert L. Wilson, Finance Director; and Mary C. Grover, Secretary.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Special Minutes of July 30, 1985, as presented.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of August 6, 1985, as corrected.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board amended the Minutes of July 9, 1985, to include the following wording under Rezoning Case #82- 5-3 and CUP #982-3, Beatrice Ettinger pertaining to Commr. Smoak's conflict of interest: "He then stepped down from the Commission Chambers and addressed the Commission from the audience as a private citizen."

ACCOUNTS ALLOWED/JAILS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for payment in the amount of $4,287.50 to Jammal & Associates, Inc. for a soil investigation for the Lake County Jail, with the funds being paid from the appropriate account.

BUILDING COMMITTEE/SHERIFF'S DEPARTMENT

Commr. Burhans instructed the Building Committee to place some type of window furnishing on the window for the Sheriff's Department on the first floor of the Courthouse so that it may be closed when the window is not in use.

CONTRACTS, LEASES & AGREEMENTS/TAX COLLECTOR/COURTHOUSE/

MENTAL HEALTH

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board granted permission to renew or extend the following contracts:

P-10 Tax Collector's Auto Tag Office in Leesburg

P-18 Records Storage Warehouse in Tavares

P-145 South Lake Annex in Clermont

R-26 Lake Sumter Community Mental Health Center

Treatment Alternatives to Street Crime in Tavares

BONDS - CONTRACTOR

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following contractor bond cancellation:

CANCELLATIONS

2004 Robert Clouse

LICENSES & PERMITS

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

RENEWALS ADDITIONS/DELETIONS

Theresa A. Belton D. P. Wilder

Frederick C. Belton

John Brewer

Arthur H. Bourlay, III

Billy G. Beam

Timothy Jezek

George L. Hawkins

George W. Moore

Mr. Watkins suggested the Board consider extending the period of time on the expiration of gun permit renewals. It was the feeling of the Board that Mr. Ford, County Attorney, should research the possibility of the extension o ff the gun permit renewals.

COUNTY ADMINISTRATOR'S AGENDA

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the following right-of- way deeds:

John & Judith J. Cianciarulo - John's Lake Rd. #3-1158

Myrtle Inez & Derwood Hyatt - Calvin Lee Rd. #2-0609

COUNTY EMPLOYEES/PERSONNEL

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to set the amount of $300.00 as the across-the-board salary increase for FY 85/86

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for Karen Bowerman, Fire Inspector, to attend the 1985 Florida Arson Seminar in Orlando, from September 22 through 27, 1985, at an anticipated cost of $220.00.

BUILDING DEPARTMENT/COUNTY EMPLOYEES/ZONING

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board denied the request for a four day work week for the clerks, technicians, secretaries, and Zoning

Administrator in the Building and Zoning Departments.

SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the plat of Waterwood Subdivision, First Addition.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Tingnal J. Leake, J r.,Bassville Park Area, District #l, to live in a mobile home on the same piece of property on which his conventional dwelling 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 or upon the request of the Board of County Commissioners.

The motion also included renewal of the following mobile home bond:

Donna L. Warner - Bassville Park Area - District #l

ROADS, COUNTY & STATE/SIGNS/RESOLUTIONS

Mr. Willis V. McCall was present to discuss the request to

name C-450 between SR 19 and C-44A "McCall Road".

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to name C-450 between SR

19 and C-44A "Willis V. McCall Road".

Commr. Burhans stated that he felt Mr. Willett, County Administrator, should research the possibility of naming the various C-450's in Lake County so that each section of the road can be easily recognized. He stated that there was a NE C-450; a NW C-450; and a SE C-450, which today had been changed to Willis V. McCall Road. Mr. Willett discussed an alternate system which was written by the State and which has been adopted by several counties by using four digit numbers.

ROADS, COUNTY & STATE/RESOLUTION

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request made by the Sumter County Commission and approved to petition the Department of Transportation to include the four laning of SR 44, east and west, through Sumter County and in Lake County in their five year work plan.

ORDINANCES/ZONING

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed the public hearing to discuss the proposed ordinance pertaining to the setback of improvements from the centerline of roads until September 10, 1985, at 10:00 a.m.

COUNTY ADMINISTRATOR'S AGENDA

COMMUNICATIONS/MUNICIPALITIES/ROADS, COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Clermont Chamber of Commerce to close C-561, Lake Minneola Drive, between 3rd and 4th Street on September 2, 1985, for the Annual Labor Day Festival at Jaycee Beach.

BUDGETS

At this time the Board scheduled a budget workshop for August 20, 1985, at 9:30 a.m. to discuss budget issues that need to be resolved prior to the public hearing on September 10, 1985. Some of the items to be discussed are as follows:

Sheriff's Budget

Economic Development Council

Fire Structure Tax pertaining to the Commercial, Industrial,

and Institutional category.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the following requests made by Sheriff Griffin:

1. The amount of $325.00 to reimburse the Lake County Sheriff's Department for expenses incurred in sending Sheriff Griffin to the 72nd Annual Summer Conference in Jacksonville, Florida, held July 28-31, 1985.



2. Transfer of $3,984.00 from the Contingency Account to the Law Enforcement Equipment Account of the Lake County Sheriff's Office in order to purchase radio equipment for deputies.



RECESS & REASSEMBLY

At 9:45 a.m. the Chairman announced that the Board would

recess until 10:30 a.m.

BUILDING DEPARTMENT/ORDINANCES

At 10:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing to discuss the proposed ordinance amending the Lake County Building Code Ordinance 1983- 8.

It was noted that the proper proof of publication was on hand as it appeared in the July 24, 1985, and August 6, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jerry Sexton, Director of Development, was present to discuss the proposed ordinance with the Board.

Commr. Smoak made a motion, which was seconded by Commr. Carson to place the proposed ordinance on the floor for its first and final reading by title only.

Discussion occurred regarding Section II of the proposed ordinance. Mr. Ford, County Attorney, stated that he felt that all the fees, the proposed changes as outlined in the proposed ordinance and the fees that have not been changed, but are listed in the 1983-8 Ordinance should be listed in the proposed ordinance.

The Board then voted on the motion and the motion was carried unanimously, with the following proposed ordinance being placed on the floor for its first and final reading by title only and approved to amend the ordinance by placing the entire fee schedule in Section II:

AN ORDINANCE AMENDING THE LAKE COUNTY BUILDING CODE, LAKE COUNTY ORDINANCE 1983-8; AMENDING SECTION 2.01 OF SAID ORDINANCE TO ADOPT UPDATED CONSTRUCTION CODES; AMENDING SECTION 5.01 TO INCREASE BASE FEES FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL AND SIGN PERMITS; PROVIDING 'THAT IN CASES WHERE VALUATION IS $501.00 TO $7,000.00, A $25.00 INSPECTION FEE SHALL BE CHARGED: PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board adopted ordinance, 1985-17, as amended, as read on its first and final reading by title only.

COMMUNICATIONS

Commr. Burhans informed the Board that a letter had been received from the Friends of the Wekiva, Inc. in which they requested a letter of support from Lake County to the Conservation and Recreational Lands Committee (CARL) for the purchase of Seminole Woods (primarily the Theresa Rodriquez Grant). Commr. Smoak stated that he felt the staff should review the request and report back to the Board with a recommendation. No action was taken at this time.

RECESS & REASSEMBLY

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

ZONING

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

PETITION # PETITIONER

#96-85-5 Milton & A.A. McMillon

CUP #985-5 R. J. Eichelberger

#107-85-3 Donna S. Davis

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to withdraw the following cases as requested by the applicants:

PETI'IION # PETITIONER

#91-85-4 Dianne Sealie

CUP #984-4 Lynn Crowe

CUP #682-4 Development Staff

PUBLIC HEARING #82-85-3 CP & R-1-7 to A Beatrice Ettinger

PUBLIC HEARING CUP #982-3 CUP in A Beatrice Ettinger

Mr. Jerry Sexton, Director of Development, informed the Board that the petitioner had requested the rezoning cases be postponed until August 20, 1985, with the understanding that it will be postponed from Commission meeting to Commission meeting until a solution to the problem has been found.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to postpone the rezoning cases for Beatrice Ettinger until August 20, 1985, at 10:30 a.m. PUBLIC HEARING #39-85-4 A to AR Gunard Brautcheck

No one present wished to discuss this request 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 rezoning from A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING CUP #981-5 CUP in A H. 0. Williams, Jr.

No one present wished 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 Commission and approved the request for a CUP (Conditional Use Permit) in A (Agriculture) for a clay and sand extraction facility.

PUBLIC HEARING #103-85-5 A & RR to PFD Royal Palm

Beach Colony, Inc..Commr. Smoak questioned why the petitioner was requesting that 123 acres be rezoned to install a radio tower.

Mr. Steve Richey, attorney representing the petitioner, stated that the reason for so much acreage was so that there would be enough buffer so that the neighbors would not be disturbed by the tower.

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 A (Agriculture) and RR (Rural Residential) to PFD (Public Facility District) for a radio communications tower and normal accessories.

PUBLIC HEARING #97-85-4 LM to R-1-7 Paul C. Thomas

No one present wished to discuss the 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 Commission and approved rezoning from LM (Light Manufacturing) to R-l-7 (Urban Residential).

PUBLIC HEARING #99- 85-4 A to CP Henry Wayne Tucker

Mr. Jerry Sexton, Director of Development, informed the Board that Condition #3 under the CP (Planned Commercial) should read:

3. The site on which the equipment and sales operation is located shall be screened on all sides from all residential uses and zoning districts.



On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial) to bring the existing farm equipment and sales operation into conformance.

PUBLIC HEARING #106-85-4 A to AR Donald J. & Colleen D.Lackey

No one present wished to discuss the request with the aoard. On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential)..PUBLIC HEARING #93-85-5 RR to A Lemuel B Howard No one present wished to discuss the request 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 rezoning from RR (Rural Residential) to A (Agriculture).

PUBLIC HEARING #98-85-l Amend CP Elmer J. Givens

No one present wished to discuss the 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 Commission and approved the request to amend the CP (Planned Commercial) zoning to allow C-2 (Community Commercial) uses that are compatible with the filed site plan.

PUBLIC HEARING CUP #986-5 CUP in A Laverne & Janice Brockner Ms. Janice Brockner and Mrs. Laverne Brockner, petitioners, were present to object to the Planning Commissions recommendation for denial. Ms. Janice Brockner informed the Board that she is totally disabled and she needed assistance for herself and her farm. She stated that her present house is too small to accomodate another person.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and approved the request for a CUP (Conditional Use Permit) in A (Agriculture) for special housing.

Commr. Burhans voted "NO".

PUBLIC HEARING #105-85-5 A to AR Walker Ranch, Inc.Jay B. Moore

Mr. Matt Cross, Maitland, addressed the Board objecting to the rezoning request. He stated that he would like to see the area remain agriculture and not residential.

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

PUBLIC HEARING #104-85-2 RMRP to CP Jack S. Drawdy

No one present wished to discuss the 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 Commission and approved rezoning from RMRP (Mobile Home Rental Park Residential) to CP (Planned Commercial) for a shopping facility.

PUBLIC HEARING CUP #106C-1 Amend CUP #106B-1 Evelyn A. Davis No one present wished 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 Commission and approved the request to amend CUP (Conditional Use Permit) #106B-1 to delete property.

PUBLIC HEARING #100-85-l RR to ER Evelyn A. Davis

No one present wished to discuss the 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 Commission and approved rezoning from RR (Rural Residential) to ER (Estate Residential).

PUBLIC HEARING #95-85-2 C-l to C-2 Anne F. Hughes

No one present wished to discuss the request 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 rezoning from C-l (Rural or Tourist Commercial) to C-2 (Community Commercial).

PUBLIC HEARING #94-85-2 A to PFD Bay Lake Missionary

Baptist Church, Inc.

No one present wished to discuss the request 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 rezoning from A (Agriculture) to PFD (Public Facility District) for a church with a cemetery.

PUBLIC HEARING CUP #lOO-2 Revocation of CUP Development Staff

No one present wished to discuss the request 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 request for revocation of CUP (Conditional Use Permit).

PUBLIC HEARING #lOl-85-3 A to AR Montverde Groves, Inc.

Commr. Smoak declared a conflict of interest as he is a stockholder for Montverde Groves, Inc. and stated that he would not participate in the discussion and would abstain from voting.

Mr. Gene Duncan, adjacent property owner, addressed the Board objecting to the Planning Commission's recommendation of approval. He stated that he felt the request sets a precedent for burned out groves. He further stated that all the neighbors that he has spoken to are against the request. He stated that the people were not against the request from the development standpoint, but from a density standpoint and how it will affect the County services.

Mr. Robert Foley, resident of Vinola Gardens, addressed the Board and stated that he also objected to the proposed rezoning request. He stated that he agreed with the comments made by Mr. Duncan.

At this time Mr. David Clapsaddle, Land Development Manager, addressed the Board and read the letters received from the following individuals objecting to the rezoning:

Mr. Robert Foley

Mr. Edward Duncan

Mr. John Hughes

Mr. James Maloney

Mr. Dick Newman, engineer for the project, addressed the Board and stated that the proposed development would maintain the

rural aspect of the community.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board upheld the recunmendation of the Planning Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential).

Commr. Burhans voted "No".

Commr. Smoak declared a conflict of interest and abstained from the discussion and voting.

PUBLIC HEARING #102-85-2 M-l to MP or PFD

J. Carlisle Rogers & Florida Southern College Mr. Steve Richey, attorney representing the petitioner, was present to discuss the request with the board.

It was noted that two letters of objection had been received by 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 M-l (Heavy Industrial) to MP (Planned Industrial) for a resource power facility, as amended.

PUBLIC HEARING CUP #928-3 Revocation of a CUP for a PUD Clairview Corp

Mr. Steve Richey, attorney representing the petitioner, was present to discuss the request with the Board.

Commr. Smoak stated that when the request comes back for a PUD (Planned Unit Development) on the project, that he will request the Board to review very closely any request which would move road #C-561A from the current road bed.

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 request for revocation of the CUP (Conditional Use Permit) for a PUD (Planned Unit Development) in ER (Estate Residential).

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:20 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

mcg/8-14-85