A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 10, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, September 10, 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: Christopher C. Ford, County Attorney: Michael C Willett, County Administrator; Robert L. Wilson, Finance Director; and Mary C. Grover, Secretary.

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

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the minutes of September 3, 1985, as corrected.

Commr. Deems was not present for the vote.

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the following contractor bonds, new and cancellations:

NEW

347-86 Anthony Arcuri (Sheet Metal)

414-86 Booker T. Williams (Masonry)

4033-86 Gordon L. Malmbert d/b/a Canimellea Enterprises (General)



CANCELLATIONS

1268 James P. Senatore d/b/a Habitation Design

1542 Welch Construction, Inc.

1825 William H. Hart, Jr.

1920 Lester Bott d/b/a Les Bott Builders

1949 John V. Farris

4027 David Clark

4210 Carl Munn

4271 Ronald D. Merritt d/b/a Ampere Electric Company

Commr. Deems was not present for the vote.

ASSESSMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved and authorized the necessary signatures on the Satisfaction of Assessment Lien for Glen Wallskog, Sunny Dell Park, First Addition, in the amount of $306.94.

Commr. Deems was not present for the vote.

APPOINTMENTS-RESIGNATIONS/ZONING

On a motion by Ccmmr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the resignation of Shirley Murray from the Planning Commission, District 4, and directed that a letter of appreciation be sent to Mrs. Murray.

BIDS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board awarded Bid #006-060-086, Batteries, low bid, to Hurricane Batteries, Leesburg, Florida.

BIDS

Commr. Deems made a motion, which was seconded by Commr. Carson to award Bid #004-745-086, Asphaltic Concrete to the following:

Asphaltic Production - District I

Asphalt Pavers - District I-III

Macasphalt - District II

Discussion occurred regarding leaving the districts off of the bid. Commr. Deems then withdrew his motion and Ccmmr. Carson withdrew his second.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #004-745-086, Asphaltic Concrete to Asphaltic Production, Asphalt Pavers. and Macasphalt, low bidders, as specified, to be used any place in Lake County at the discretion of the County Engineering Department.

BIDS/COMMUNICATIONS

Commr. Burhans referred the correspondence received from Mr. John Sarver, Classic Exterminating, pertaining to Lake County's bidding procedures, to Mr. Ford, County Attorney.

AMBULANCES- HOSPITAL DISTRICTS

Commr. Burhans stated that he felt the Board should take action in regards to the awarding of the proposals on the consolidation of the ambulance districts.

Mr. Ford, County Attorney, stated that the Building Committee had met and will be meeting again on Friday on the proposals which were received from Waterman Medical Center and Leesburg Regional.Medical Center. He stated that the Building Committee will then make a recanmendation to the aoard on Tuesday, September 17, 1985.

No action was taken at this time.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR

On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board approved the request to purchase one remote radio desk set for the County Administrator's Office at an approximate cost of $250.00.

Commr. Carson was not present for the vote.

DEEDS/COUNTY PROPERTY

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the request from Frederick A. Piekos to deed Lot 52, Spring Lake Manor, to the Board of County Commissioners.

Commr. Carson was not present for the vote.

COUNTY PROPERTY

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved to offer to sell property owned by the County to Paulette Muller in the amount of $300.00, as the piece of property is located in Ms. Muller's backyard.

Commr. Carson did not vote on the motion as he was not present for the discussion.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING/MUNICIPALITIES

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

carried unanimously, the Board appointed Mr. Dan Kotulla, Director of Planning, and Mr. Greg Beliveau, Leesburg Municipal Airport, to the East Central Florida Aviations Systems Plan Committee as representatives of Lake County.

APPOINTMENTS-RESIGNATIONS/COMMITTEEES/LICENSES & PERMITS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board appointed the following to the Lake County Licensing/Permit Study Committee

Harry Sullivan

Jim Tamsett

Mike Coven

Charlie Simanoski

Marty Scheveling



Tim Reilly

Walter Poynter

Charlie Taylor

Ralph Swanson

Kathy McDonald

ACCOUNTS ALLOWED/AGRICULTURE CENTER/SIGNS

Mr. Terry Cournyea, Agricultural Extension Agent, addressed the Board and requested approval to purchase the following items:

Video camera and tripod $1,500.00

Portable sewing machine 350.00

Lawn edger 250.00

Light meter 250.00

Commr. Burhans also requested the following be approved with

the request:

An informational sign to be located on SR 19.

A maintenance contract for the tractor.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the requests from Mr. Cournyea and Commr. Burhans to purchase the following items:

Video Camera and tripod $1,500.00

Portable sewing machine 350.00

Lawn edger 250.00

Light meter 250.00

An informational sign to be placed on SR 19.

A maintenance contract for the tractor.

HEALTH DEPARTMENT/RESOLUTIONS

Mrs. Catherine Aylor, Lake County Public Health Unit, was present to discuss a revised fee schedule for the Lake County Public Health Unit.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the revised fee schedule as presented by Mrs. Aylor.

BUILDING DEPARTMENT/INSURANCE

Mr. Willett, County Administrator, addressed the Board and stated he had received a request from Homer Royals for reimbursement in the amount of $6,947.61 for an error deriving from the issuance of a building permit. The reimbursement costs are as follows:

Materials $2,819.61

Labor 3,250.OO

Site Restoration 850.00

Permit Cost 28.00

Total $6,947.61

Mr. Willett informed the Board that the insurance policy has a deductible of $7,500.00; therefore, he recommended the County pay the amount requested.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the recommendation of Mr. Willett to reimburse Mr. Homer Royals the amount of $6,947.61 for an error deriving from the issuance of a building permit, subject to Mr. Royals giving the County a complete release.

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to renew the mobile home bond for Evelyn Speitel, Altoona Area, District #5.

BUILDING DEPARTMENT/MUNICIPALITIES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for the Lake County Building Department to issue building permits, collect impact fees, and conduct inspections for the City of Groveland starting October 1, 1985.

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the final plat of Welhan Acres.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the final plat of Amberhill Subdivision; accepted a letter of credit in the amount of $30,000 for improvements necessary to provide fire protection: accepted a letter of credit in the amount of $5,000 to properly construct a marked crossing at Lakeshore Drive; accepted a maintenance bond in the amount of $11,000; and accepted the following roads into the County maintenance system:

Amber Avenue - #3-1044

Topaz Street - #3-1044A

Opal Lane - #3-1045

BUDGETS/COUNTY EMPLOYEES/PERSONNEL

On a motion by Commr. Deans, seconded by Commr. Carson and carried unanimously, the Board approved the salary budget for County employees for fiscal year 1985-86 as prepared by the Personnel Department and approved by Mr. Willett, County Administrator.

BUDGETS/COUNTY ADMINISTRATOR

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved a 15% salary increase for Michael C. Willett, County Administrator, for fiscal year 1985- 86.

ORDINANCES/ZONING

At 10:00 a.m. the Chairman announced that the time had arrived for the public hearing on the Ordinance amending Section 86.10 of the Lake County Subdivision Ordinance relating to setbacks. It was noted that the ordinance had been postponed from the September 3, 1985, meeting.

Mr. Jerry Sexton, Director of Development, addressed the Board and requested that the proposed Ordinance be postponed for another month.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board postponed the proposed Ordinance until October 8, 1985, at 11:30 a.m.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of a desk for the right-of-way agent at a cost of $289.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for partial payment to Paquette Paving Company in the amount of $29,254.65 for Project SA-20, Springs Bath & Yacht Club.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board awarded Project No. 12-85, C-5656 Resurfacing Design Build Project to Asphalt Pavers, Inc., in the amount of $116,608.00.

COUNTY ADMINISTRATOR/PUBLIC WORKS

Commr. Burhans requested Mr. Willett, County Administrator, to research the resurfacing of Lake Norris Road, due to the heavy truck traffic using the road to get to the road construction being done on Ebersole Road.

POLLUTION CONTROL

Ms. Paulette Muller, Pollution Control Manager, addressed the Board to discuss the proposed fee schedule for the Pollution Control Department. She stated that the Pollution Control Board had approved the fee schedule in concept.

MS . Muller then discussed the proposed fees as outlined on the schedule. Discussion occurred regarding the Environmental Assessment category on the fee schedule. She stated that the Pollution Control Department had concurred with the charge of $50.00 + $2.00 per acre over 5 acres.

Commr. Smoak questioned if the County needed a disclaimer if the County performed environmental assessments. Mr. Ford, County Attorney, stated that he felt the County should have some type of disclaimer.

Ms. Muller stated that she did not feel the Pollution Control Department should do the environmental assessments, but if the Board feels the Department should do the assessments, then a fee is warranted. She stated that the Department provides the public with copies of the rules and regulations.

Commr. Smoak stated that he felt the Pollution Control Department should not do field inspections, but that the inspections should be done by aerials, flood prone maps, etc.

The Board then discussed the Site Inspections for Out-of-County Sludge Generators. Ms. Muller recommended that the Board waive the fees for local operators and residents hauling the sludge. She informed the Board that Mr. Ford, County Attorney, had no problems with the County charging non-County residents and not charging local residents.

Discussion occurred regarding the Sprayfield (Public Facility) and Extension of Collection System requiring a Lift Station categories. Ms. Muller stated that the municipalities would not be charged a fee under these categories.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to include the following wording under the categories of Sprayfield (Public Facility) and Extension of Collection System Requiring a Lift Station:

"excluding publicly owned facilities."

Commr . Deems was not present for the vote.

Discussion continued regarding the Environmental Assessment category. Mr. Ford stated that he did not think the County should bill the public for general information.

On a motion by Commr. Carson, seconded by Ccmmr. Smoak and carried unanimously, the Board approved the fee schedule for the Pollution Control Department, as amended, with the exception of the Environmental Assessment category and directed Ms. Muller to come back to the Board with new language defining the Environmental Assessment category. It was noted that the fee schedule would have to be adopted by ordinance.

BONDS - INDUSTRIAL REVENUE/RESOLUTIONS

Mr. Hank Morgan, of the Law Firm of Hall & Knight, addressed the Board requesting the Board's consideration for an inducement resolution for an industrial revenue bond on behalf of Scotty's Inc. for a commercial project located in the City of Leesburg.

Mr. Ford, County Attorney, questioned if the bond would be a private placement issue. Mr. Morgan responded that this will be a private placement issue and that Barnett Bank of Orlando has issued a letter of commitment, which he presented to Ccmmr. Aurhans.

Discussion occurred regarding whether the request should be referred to the City of Leesburg as the project would be located within the city limits. Mr. Morgan stated that the City of Leesburg was not interested in getting involved with industrial revenue bond issues.

Mr. Harold Taylor, Senior Vice President and Chief Financial Officer, of Scotty's Inc., addressed the Board to discuss the request. He stated that there will be a new facility built and that there would be some type of business operated out of the building currently housing Scotty's in Leesburg. He stated that the maximum amount of the Bond would not exceed one million dollars.

On a motion by Commr. Smoak, seconded by Ccmmr. Carson and carried unanimously, the Board approved and authorized the necessary signatures on an inducement letter for Scotty's Inc., for an industrial revenue bond, not to exceed the amount of one million dollars, based upon the commitment fran Barnett Bank of Orlando or any other company selected for private placement of the bond.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board adopted and authorized the necessary signatures on a resolution endorsing an industrial revenue bond for Scotty's Inc. with a change in the resolution stating that it will be a private placement bond issue.

RIGHT-OF-WAYS, ROADS & EASEMENTS/STATE-AGENCIES

Mr. Tom Pridgen, Department of Transportation, addressed the Board to discuss the State's proposal to purchase an abandoned railroad right-of-way. He requested the Board's consideration to assist with the purchase of the railroad right-of-way from C-437 to the Wekiva River. He stated that the approximate cost for the project would be $419,000, which would break down to $3,500- 4,000 per acre. He stated that in the future the Board would be asked to participate with the State by paying 50% of the cost to purchase the right-of-way. He stated that the only action needed today was the Board's approval of a nonbinding resolution initiating the process for acquisition of the right-of-way.

Commr. Smoak stated that he had met with the Department of Transportation concerning this matter and had wanted to point out that Lake County would not be required to put up any money until the conclusion of the negotiations with the railroad company and that it would take approximately 18 months before any payment is required. He stated that if the Board signs a nonbinding resolution, and decides at a later date not to participate in the project, there would be no cost to the County involved.

Commr. Smoak made a motion, which was seconded by Commr. Deems to approve the request from the Department of Transportation that Lake County enter into a nonbinding commitment with the Department of Transportation to participate in a mutual 50-50 purchase of the railroad right-of-way from the Seminole County line up to and including that area of the railroad that bounds on C-431.

Mr. Willett, County Administrator, addressed the Board and

recommended that the Board enter into a nonbinding resolution with the Department of Transportation. He also recommended that the Department of Transportation consider the purchase of the railroad right-of-way from Lecsburg to Tavares.

At this time the Board voted on the motion which was carried unanimously.

RIDS

Mr. David Quattlebaum, Lake Office Equipment, addressed the Board to discuss the awarding of the Bid #003-618-086, Office Supplies, to Ace Office Supplies, Orlando. Be stated that he was in favor of awarding the bid to Ace Office Supplies. He also suggested the Purchasing Department meet with the various office supply firms in Lake County to develop some type of rotating system so that all the local fins will have the opportunity to serve the County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board awarded Bid #003-618-086, Office Supplies, to Ace Office Supplies, Orlando, in that it was the best bid received.

BIDS

On a motion by Commr. Carson, seconded by Ccmmr. Deems and carried unanimously the Board awarded Bid #002-750-086, Limerock, to Florida Crushed Stone and M. J. Stavola Industries, in that they were the best bids received, and directed that the districts be left off the bids.

RIDS

On a motion by Ccmmr. Smoak, seconded by Commr. Carson and carried unanimously, the Board awarded Bid #007-570-086, Scrap Metal, to Henry Brown in the amount of $400.00 in that it was the best bid received.

BIDS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board granted permission to rebid Bid #005-235-086, Culvert Pipe.

POLLUTION CONTROL/WATER RESOURCES

Ms. Paulette Muller, Pollution Control Manager, addressed the Board to discuss the situation with restoration of Lake Apopka. She stated that the Pollution Control Board had met and discussed proposals which had been received in order to make recommendations to the Board.

She stated that she had attended a meeting at the St. John River Water Management District in Palatka concerning Lake Apopka. She stated that the St. Johns River Water Management District now has the authority to approve or disapprove all proposals for the restoration of Lake Apopka. She further stated that she is under consideration to be appointed to the Apopka Restoration Council. She stated that the Apopka Restoration Council will review the project proposals received and will make recommendations to the St. Johns River Water Management District.

Proposals from USGS

Ms. Muller stated that USGS had sent a proposal with three different approaches. She stated that the approach requesting the largest amount of money would give the County the greatest amount of data, and the least money requested would give the County the least amount of data. She stated that the proposal would be a cost share project with 50% of the costs being paid by USGS and the other 50% would have to be paid locally. She stated that Lake County and the Water Authority could split the costs or she could contact the St. Johns River Water Management District to see if they would be interested in funding the project.

In the proposal which provides the greatest amount of data, USGS proposes to install two flow meters, which would give continuous flow measurement, at the head of the canal at Lake Apopka and the other one to be at the lock and dam structure. They would also install and operate two automatic water quality sampling systems, one at each site. She stated that the proposed cost of Approach I would be:

$106,000 - Year I

95,000 - Year II

40,000 - Year III

50% of the cost for each year would be paid by USGS

Approach II would cost:

$ 80,000 - Year I

80,000 - Year II

30,000 - Year III

50% of the cost for each year would be paid by USGS.

Approach III would cost:

$ 64,000 - Year I

64,000 - Year II

30,000 - Year III

50% of the cost for each year would be paid by USGS.

Proposal from University Central Florida

Ms. Muller stated that the University of Central Florida had offered to do a similar study, but they cannot do the project until December or later.

Proposal from Soil Conservation

Ms. Muller stated that Soil Conservation had submitted a proposal, but they would not be available to do the project until February, 1986.

Ms. Muller stated that she felt that the background data needs to be collected as soon as possible because the fiscal year is starting October 1, 1985, and the proposals for restoration of Lake Apopka will begin shortly thereafter.

Ms. Muller stated that the Lake County Water Authority had committed $20,000 for water studies--$lO,OOO for year I and $10,000 for year II. She further stated that the Water Authority has not seen the proposals that have been submitted.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Ms. Muller, Pollution Control Manager, to approach the Lake County Water Authority to make a recommendation to their governing Board, the St. Johns River Water Management District, to fund the local match of the project as outlined by USGS for Lake Apopka.

RECESS & REASSEMBLY

At 11:55 a.m. the Chairman announced that the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning.

REZONING

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed the following cases until October 8, 1985, at 2:00 p.m. or as soon thereafter as possible:

PETITION # PETITIONER

#74-85-4 Milton & A. A. McMillon

#127-85-l Paul Resop

#124-85-3 Highland Growth Prop.

#121-85-3 Miami-Orlando Prop.

#111-85-5 John F. Atkinson

PUBLIC HEARING #82-85-3 & CUP #982-3 Beatrice Ettinger

Mr. Jerry Sexton, Director of Development, addressed the Board and stated that the attorney representing Mrs. Ettinger had requested that the Board postpone this rezoning case to the last

item on the agenda.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board postponed these cases until the last item on the agenda or as soon as the attorney can be present at the meeting.

PUBLIC HEARING #74-85-4 A to RR Oscar Towne

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

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

PUBLIC HEARING CUP #985-5 CUP in A R. J. Eichelberger

Mr. R. J. Eichelberger, Lake Yale Groves, addressed the Board to discuss his request for a CUP (Conditional Use Permit) in A (Agriculture) for clay and sand extraction. He stated that one of the reasons for the request was to generate income on the property after the freeze. He explained that it was his intention to dig below the road grade. He further stated that the original pit is below road grade.

Mr. Frank Skinner addressed the Board and stated that he lives across the street from the proposed rezoning site. He stated that after talking with Mr. Eichelberger and Mr. Clapsaddle that he wished to withdraw his opposition to the request.

Mrs. Marion McKinney addressed the Board and questioned how long the business would be in operation. Mr. Eichelberger stated that he did not have any time limits as people would use the pit when clay and sand was needed.

Mrs. Deb Saunders addressed the Board and stated her concern of the truck traffic that the pit would generate and the possible hazardous conditions that might occur as the school bus unloads on Goose Prairie Road.

Mr. Bill Miller, Manager of Sand Piper Mobile Home Park, addressed the Board and questioned the definition o f a sand pit and a sand mine. He stated that he did not have any problems with the request if the request was for a sand pit and not a sand mine. He stated that he and the residents would oppose any sand mine which might be constructed on that property in the future.

Commr. Carson made a motion which was seconded by Commr. Deems to approve the rezoning request for a CUP (Conditional Use Permit) in A (Agriculture) for clay and sand extraction, as amended by the Planning Commission. It was noted that the Planning Commission had a 4-4 vote on the request.

Discussion occurred regarding the amendment made by the Planning Commission pertaining to the slope. The Planning Commission recommended a 3 to 1 slope. Mr. Jerry Sexton, Director of Development stated that the ordinance requires a 2 to 1 slope and stated that he felt the ordinance requirement is adequate.

At this time the Commissioners voted on the motion which was carried unanimously, with an amendment to the CUP (Conditional Use Permit) requiring a 2 to 1 slope instead of the 3 to 1 slope as requested by the Planning Commission.

PUBLIC HEARING #107-85-3 A to R-1-15 Donna S. Davis

No one present wished to discuss the 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 the request for rezoning from A (Agriculture) to RM (Mobile Home Residential).

PUBLIC HEARING #114-85-5 A to RR Claxon E. & Blanche Park

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 A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #120-85-4 A,& CUP #703-4 to PFD Florida Hospital

Mr. Steven Provost. Architect/Engineer representing Florida Hospital, was present to discuss the request with the Board.

Discussion occurred regarding the definition of the temporary mobile homes. Mr. Ford, County Attorney, stated that the Board could place a condition in the PFD (Public Facility District) that the temporary mobile homes be used for construction purposes only.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend the PFD (Public Facility District) under Item J. to include that the temporary mobile homes will be used for construction purposes only and would be removed at the end of construction.

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) & CUP #703-4 for a lifestyle improvement center to PFD (Public Facility District) for a lifestyle improvement center, as amended.

PUBLIC HEARING CUP #987-4 CUP in A Noah E. Touchton

No one present wished to discuss the 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 denied a request for a CUP (Conditional Use Permit) in A (Agriculture) for special housing, without prejudice.

PUBLIC HEARING #131-85-4 A to RR BMK Citrus Growers, N.V., Inc,

No one present wished to discuss the 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 rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #122-85-4 R-l-7 to C-l Mary Jo Moseley

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 R-l-7 (Urban Residential)(Rural or Tourist Commercial).

PUBLIC HEARING #llO-85-4 A to AR George C. Dannals

No one present wished to discuss the 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 fran A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING #123-85-5 A to ER Carl R Ludecke

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 Planning Commission's recommendation and approved rezoning from A (Agriculture) to ER

(Estate Residential).

PUBLIC HEARING #129-85-5 A, RM & CUP #657-5 to PUD Wilder Corporation of Delaware

Mr. Dan Robuck, attorney representing Wilder Corporation of Delaware, addressed the Board in opposition to the Planning Commission's recommendation of denial. He stated the request was for a mobile home rental park and a golf course. He stated that in the RM (Mobile Home Subdivision) zone, there currently exists 492 platted lots with 250 lots being currently occupied. He explained that the park would only allow doublewides and that travel trailers would not be allowed. He further explained that the developer would be giving the County one (1) acre of land, with a building currently on it, to house a fire station for fire protection. He also stated that his client would be giving the County the existing fire truck and buying a new pumper truck. $25,000 would be given to the Sheriff's Department for police protection. He stated that turning and stacking lanes would also be built by his client.

Mr. Robuck then discussed the proposed plans for the project. In addition to the existing park and new mobile home lots, a clubhouse, golf course, and a bird sanctuary would also be constructed. He further stated that no water run off will be permitted.

Mr. Robuck stated that a petition had been filed in favor of the proposed rezoning request. He further submitted two additional letters in favor of the request. He then asked for those in the audience who were in favor of the request to stand up.

Mrs. Diane Scott, Leesburg, addressed the Board in favor of the Planning Commission's recanmendation of denial. She stated that she is currently using a road reservation for access to her property since the closing of the roads in the Mobile Home Park. She stated that if the project is approved, then she would have to go through the mobile home park for access. She explained that she felt the property owners would object to the hauling of cattle and hay through the park.

Mr. Robuck responded that his client would legally have to give the Scotts good access to their property.

Mr. Fred Bradshaw, Grand Island Circle, addressed the Board and stated that he felt the request should be denied. He stated his concerns on the growth of the State of Florida. He further stated that there was no proposed zoning in the area for shopping centers, doctor/dentist offices, etc. He also stated that he felt that the road would not be able to handle the increase in traffic. He questioned if the County would be manning the fire station and if the $25,000 for police protection would be given on an annual basis. He stated that he felt the Canmissioners should support the Comprehensive Land Use Plan and deny the request.

Mr. Lee Baker addressed the Board to clarify a few statements which had been made at today's meeting. He stated that the fire truck does not belong to the Wilder Corporation of Delaware, but was the property of the Volunteer Fire Department in the mobile home park. He stated that he was not in favor of or opposed to the request.

Mr. Robuck stated that he was not sure if the Corporation did actually own the fire truck, but stated that the Corporation would either buy a new pumper truck or give the County $45,000.

Mr. James Boyd, Ocoee, stated that he was an adjacent property owner and that he would be moving to the area. He stated that the reasons for purchasing the property was for the rural atmosphere and being able to have agriculture on the property. He stated that he objected to the rezoning.

Commr. Deems made a motion, which was seconded by Commr. Carson to overturn the recommendation of the Planning Commission and approved rezoning from A (Agriculture), and RM (Mobile Home Subdivision) to a PUD (Planned Unit Development), with CUP #657-5 being excluded from the request.

Commr. Smoak stated that he felt the request violates the Comprehensive Land Use Plan, sets an urban node, and that the Roard would be setting a precedent if the project was approved. He stated that the project should go through the same process as Bramalea.

Mr. Jerry Sexton, Director of Development, recommended that Phase I of the project be deleted from the preliminary development plan, Phase II be changed to Phase I, and Phase III be changed to Phase II. He also recommended that the PUO (Planned Unit Development) not be approved today as it would have to take a land use amendment for approval.

Mr. Tom Merrill, Wilder Corporation of Delaware, addressed the Board and stated that the Corporation had purchased the entire property from the same seller at the same time.

Commr. Deems stated that he would like the motion to include that the Corporation provide the necessary right-of-way for Mrs. Scott. Commr. Carson stated that he did not have any problems with the amendment.

A resident of the mobile home park addressed the Board and stated that he felt the new addition would bring an increase of business for Lake County and there were lands available in that area for developers to build shopping centers, office buildings, etc. Commr. Burhans called for the question. The Board voted on the motion and the motion was carried, as amended.

Commr. Smoak voted "no".

Commr. Smoak informed the Board and the audience that he was not voting against the project, but that he was voting against creating an urban node without the Board calling it what it is. He stated that by amending the Comprehensive Land Use Plan, the Board would be in conformance with their own rules.

RECESS & REASSEMBLY

At 3:30 p.m. the Chairman announced that the Board would recess until 3:35 p.m.

PUBLIC HEARING #82-85-3 Beatrice Ettinger

PUBLIC HEARING CUP #982-3 Beatrice Ettinger

Mr. Tom Dougherty, attorney representing the petitioner, was present requesting this rezoning case be postponed.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board postponed these rezoning cases until October 8, 1985, at 2:00 p.m. or as soon thereafter as possible.

Commr. Smoak declared a conflict of interest and did not vote on the motion.

Commr. Smoak informed the Board and audience that he did not vote on the motion, but has requested that all the parties involved try to resolve the problem with the berms which occur every 330 feet.

PUBLIC HEARING #125-85-5 A & CUP #607-5 to M-l

Umatilla Citrus Growers Association

Mr. Jerry Sexton, Director of Development, informed the Board that the petitioner has requested that CUP #607-5 not be revoked and that the CUP (Conditional Use Permit) be modified to include a mobile home as a caretaker's residence.

Mr. Steve Richey, attorney representing the petitioner, addressed the Board and stated that his client was requesting that Parcel A be rezoned from A (Agriculture) to M-l (Heavy Industrial) and keep the CUP (Conditional Use Permit) on Parcel B.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning of Parcel A from A (Agriculture) to M-l (Heavy Industrial) and approved to keep the CUP (Conditional Use Permit) on Parcel B.

PUBLIC HEARING CUP #988-4 Class. of Uses & CUP in LM

Sumter Electric Cooperative, Inc.

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 for Classification of Uses and a CUP (Conditional Use Permit) in LM (Light Manufacturing) for a microwave tower.

PUBLIC HEARING #117-85-l CP to PFD ------ Robert S. Nali

No one present wished to discuss the request with the Board. On a motion by Commr. Deems, seconded by Commr. Smoak and

carried, the Board upheld the recommendation of the Planning Commission and approved the rezoning from CP (Planned Commercial) to PFD (Public Facility District) for a telephone switching facility.

Commr. Carson declared a conflict of interest as he is on the Board of Directors for United Telephone: therefore, he abstained from voting.

PUBLIC HEARING #128-85-l Amend CP Rosemary Purdum

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 recanmendation of the Planning Commission and approved the request to amend an existing CP (Planned Commercial) zoning to include an insurance agency.

PUBLIC HEARING #130-85-l RR to RP Max E Truitt

Mr. Jerry Sexton, Director of Development, informed the Board that Mr. Truitt had requested postponement of the rezoning case.

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request of the petitioner and postponed this rezoning case until October 8, 1985, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #108-85-l Amend CP John & Susan Thomas

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 recanmendation of the Planning Commission and approved the request to amend an existing CP (Planned Commercial) zoning to include all retail uses ccmpatible with the approved site plan.

PUBLIC HEARING #126-85-l LM to CP Seagull Enterprises, Ltd .

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 rezoning from LM (Light Manufacturing) to CP (Planned Commercial) for a health club and spa facility, as amended.

PUBLIC HEARING #112-85-3 A to M-l Nassau Enterprises

No one present wished to discuss the 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 M-l (Heavy Industrial).

PUBLIC HEARING #116-85-2 A to PFD Tuscanooga Baptist Church

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 A (Agriculture) to PFD (Public Facility District) for the construction of a fellowship hall addition.

PUBLIC HEARING #115-85-3 A to RR Eugene Henderson

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 recanmendation of the Planning Commission and approved rezoning from A (Agriculture) to RR (Rural Residential).

PUBLIC HEARING #119-85-3 A & CUP #710-3 to PFD --- Bethesda Lutheran Home

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) & CUP #710-3 to PFD (Public Facility District) for an Outpatient housing facility.

PUBLIC HEARING #118-85-3 A to AR Richard Carr

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 recanmendation of the

Planning Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING #113-85-2 A to AR Dale H. Stafford

No one present wished 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 Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential).

RESOLUTION - AMENDING THE COMPREHENSIVE LAND USE PLAN

Miami - Orlando Properties

Mr. Jerry Sexton, Director of Development, informed the Board that a request had been received from Miami-Orlando Properties requesting an amendment to the Comprehensive Land Use Plan to extend the boundaries of the Bramalea Urban Node to areas lying West of U.S. 27.

Mr. Ted Wicks, Durden, Wicks & Associates, Inc., was present representing the petitioner. He stated that he felt this parcel of property was the last developable property along that corridor. He requested that the recommendation of denial from the Planning Commission be overturned.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the reconmendation of the Planning Commission and denied the request to extend the boundaries of the Bramalea Urban Node to areas lying West of U.S. 27.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

Commr. Burhans informed the Board that a letter had been received from Sheriff Griffin informing the Board that his current budget will be able to bear the expense of overtime which occurred during the weekend of August 31-September 2, 1985, (Hurricane Elena) without any additional funding from the Board. He also stated that if a similar situation occurred in the 1985- 6 fiscal year, it would probably not be covered within the overtime account, as presently budgeted. Ccmmr. Burhans directed a letter of commendation should be sent to Sheriff Griffin.

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

1. Monies in the amount of $24.00 to be paid to the Lake

County Area Vo-Tech Center in Eustis for sending

Deputy Raymond Cooley to a 40 hour Comparative

Compliance Course to be held in the evenings.

2. Monies in the amount of $762.00 to reimburse the Lake County Sheriff's Department for expenses incurred in sending Captain Swails to Clearwater, Florida, for the "Victim Witness Assistance Seminar" held August 13-16, 1985, $316.00; Investigator Denise Anderson to Clearwater, Florida, for the "Victim Witness Assistance Seminar, held August 13-16, 1985, $145.00; Investigator Gloria Terry to Clearwater, Florida, to the same seminar and held the same dates, $289.00; Vanalton Melvin and Doris Greulich to Orlando, Florida, for the "Florida Department of Law Enforcement AFIS Seminar" on Fingerprints, held August 8, 1985, $12.00.



The motion also included a letter of commendation to Sheriff Griffin.

BUDGETS/COURTS-JUDGES

Commr. Burhans informed the Board that a letter had been received frcm Chief Judge Aulls requesting additional monies be placed in the 1985-86 budget request. The Board postponed discussion of the request until the budget hearing which will be held at 5:05 p.m. today.

ROAD PROJECTS

Mr. Michael Willett, County Administrator, presented the Board with a copy of the 1985-86 Road Program, which is to be discussed at the meeting on September 17, 1985, for the Board's review.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:05 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

mcg/9-12-85