A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 14, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, January 14, 1986, 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: James R. Carson, Jr., Chairman: Glenn C. Burhans; Claude E. Smoak, Jr.: Thomas J. Windram; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Office; Robert Wilson, Finance Director; and Toni M . Austin, Secretary.

James C. Watkins, Clerk, gave the Invocation and the Pledge of allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and ed, the Board approved the Minutes of January 7, 1986, as corrected.

Commr . Deems was not present for the vote.

LICENSES AND PERMITS

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

Renewals Additions

Douglas C. Lewis Joseph Mincy

Comm. Deems was not present for the vote.

BONDS - CONTRACTOR

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

New

1053-86 Charles L. Lawson (Plumbing)

4170-86 Russell S. Hoffman & Jaro Dev. Corp. (Residential Bldg.)

Commr . Deems was not present for the vote.

REPORTS

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

carried, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending December 31, 1985 the amount of $16,177.81.

Commr. Deems was not present for the vote.

ASSESSMENTS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved and authorized the proper signatures on the Satisfaction of Assessment Lien for Lucian L. Smith, $550.48, Sunny Dell Park First Addition, Lot 13, Block C.

Commr. Deems was not present for the vote.

COUNTY ADMINISTRATOR'S AGENDA

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Michael C. Willett, County Administrator, discussed with the Board the financing of capital improvements and refinancing of debts for fire protection, particularly refinancing the debts of the Bassville Park Fire District. He stated that several options had been researched, and that he felt the best option would be to advertise with the local banks for $1,400,000.00 to refinance Bassville Park's debts totaling $428,428.00; the Mt. Plymouth station balloon note at 12%; and to finance the needed new stations, all over a seven year period. He stated that the County would hold all titles to those things built in the fire districts.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board authorized Mr. Willett, County Administrator, and staff, to develop and negotiate a lowest cost loan to the County in the amount of 1.4 million dollars, rates depending on the length of term of the issuance of the loans, and depending on the repayment capability of the County, and bring back to the Board a firm recommendation.

Commr . Deems was not present for the vote.

AGRICULTURE CENTER/CHECKS RECEIVED/SIGNS

On a motion by Commr. Rurhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept a $1,000 donation from the Lake County Extension Homemakers Club to help in offsetting the cost of a lighted sign at the Ag Center and to acknowledge appreciation of same.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT/ZONING

On a motion by Commr. Rurhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase two mobile radios and antennas, in the amount of $1,060.00 each, for the Building and Zoning Departments.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Rurhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase three trucks in the amount of $8,821.29 each from Bill Seidle Chevrolet for the Development Department.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Michael C. Willett, County Administrator, discussed with the Board a request to purchase a Chevrolet S-10 Blazer from Bill Seidle Chevrolet, at a cost of $9,689.14, for the Fire Coordinator. He informed the Board that the Blazer was not a four-wheel drive.

Mr. Chuck Sowers, Fire Coordinator, was present and stated that the orginal request was for a four-wheel drive, because of the areas in the County in which he would have to travel.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board referred the request back to the County Administrator, to purchase a four-wheel drive vehicle for the Fire Coordinator, for further study.

CLERK/GRANTS/COUNTY BUILDINGS AND GROUNDS

Mr. James C. Watkins, Clerk, presented the Board with the following proposal from Ms. Miriam Johnson, President of the Lake County Historical Society:

1 . The Lake County Historical Society will transfer all historical artifacts and documents to the Clerk of the Circuit Court, to be accepted by the Clerk on behalf of Lake County.



2 . The personal property transferred to the County shall be

transferred unconditionally. All rights of ownership shall be

vested in the County.

3. The Clerk shall assume responsibility for preservation of

items deemed to be of historical value to Lake County.

4 . The Executive Committee of the Lake County Historical

Society shall serve as an advisory group for ideas and support of

the museum.

5 . The Lake County Historical Society will designate funding to be used for the museum, maintenance, and expense of the building.



6 . Should at anytime the Board of County Commissioners choose to discontinue operation of the Lake County Historical Museum, ownership of all artifacts and documents of historical value, which were transferred to the County, shall revert to the Lake County Historical Society.



Mr. Watkins stated that he would be willing to submit to the unconditional transfer of responsibility and display of material of the Lake County Historical Society.

Discussion occurred regarding the use of State funds to help remodel the building that the Historical Society will be moving to.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the proposal presented by Mr. Watkins, Clerk, regarding the Lake County Historical Society, and any grant funds that would be available to the County.

ACCOUNTS ALLOWED/PURCHASING DEPARTMENT

Mr. James C. Watkins, Clerk, discussed with the Board a request to purchase a vehicle for the Central Storeroom. He stated that the present vehicle was being used by the County Probation Office. He further stated that a used 1983 Dodge Ram pickup truck has been located at the cost of $3,400.00, which has been appropriated in the budget.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request to purchase a 1983 Dodge Ram pickup truck for the Central Storeroom, in the amount of $3,400.00, from the appropriated fund.

Commr. Deems was not present for the vote.

ACCOUNTS ALLOWED/CLERK

Mr. James C. Watkins, Clerk, discussed with the Board a request to purchase a mail machine. He stated that the present one is over ten years old. He further stated that the Board authorized the Purchasing Department to obtain costs for the purchase. Mr. Watkins stated that meter rental of the machinery would cost $514.00 per quarter, or the machine could be purchased at a cost of $4,840.00.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the request to purchase a Pitney- Bowes mail machine in the amount of $4,840.00.

Commr. Deems was not present for the vote.

MUNICIPALITIES

Commr. Carson presented the Board with a request received from the City of Leesburg to use County land between the old nursing home and the Welfare Department, for parking at the annual Fun and Arts Festival to be held March 8 and 9, 1986.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request, as recommended by Commr. Carson.

Commr . Deems was not present for the vote.

ACCOUNTS ALLOWED/JAILS

Commr. Carson discussed with the Board a Change Order received from Mr. John S. Dickerson, Architect, regarding the exercise yard for the Lake County Jail, in the amount of $575.00.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the Change Order, in the amount of $575.00, for the exercise yard for the Lake County Jail and authorized the proper signatures.

Commr . Deems was not present for the vote.

COUNTY ADMINISTRATOR'S AGENDA (CONT.)

ACCOUNTS ALLOWED/MUNICIPALITIES/SIGNS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the City of Mt. Dora to purchase one sign, "Maintenance Parking Only", at a cost of $25.00.

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS/SUBDIVISIONS

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

James A. Scobie #5-7573 Lake Burns Rd.

Michael L./Myra Darlene Smith #l-8010 Marion Co. Rd.

FL Power Corporation #4-4956 Mt. Homer Rd.

In Hilltop Sorrento Subdivision:

Ronald E. Campbell Welsh Trail

Mildred Fogarty Welsh Trail

William McKeown Welsh Trail

Matthew C. McCready Welsh Trail

Ralph G. Brown Appaloosa Trail

John Cartlidge Appaloosa Trail

Carl K. Thompson, Jr. Appaloosa Trail

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized proper signatures on the plat for Treasure Island Subdivision.

MUNICIPALITIES/ORDINANCES/RESOLUTIONS/COMMITTEES

Mr. Michael C. Willett, County Administrator, discussed with the Board a request from the Fruitland Park City Commission, through Resolution Number 86-003, to meet with the Board of County Commissioners concerning the impact fee. He stated that they feel the fees are to high for the businesses that are going in in Fruitland Park.

Commr . Smoak discussed the annual option that the cities have regarding the impact fee.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to respond to the request from the City of Fruitland Park and scheduled a workshop for January 21, 1986, at 4:00 p.m. to discuss the impact fee and to review their concerns, with any other city that may wish to attend the meeting.

ACCOUNTS ALLOWED/PUBLIC WORKS

Commr . Deems discussed with the Board the purchase of three dump trucks from Seminole Ford. He stated that one of the specifications was that they would have Fuller ten-speed transmissons in them. He further stated that after the trucks were placed into service, the County realized that the trucks only had eight speed transmissions. Commr . Deems stated that a stop order was placed on the check, and that Mr. Willett had negotiated and issued another check in the amount of $9,000.00 less than the original bid. He stated that Seminole Ford has agreed at a cost of $2,800.00 per unit, to change the transmissions to Fuller ten-speeds. The difference in the factory price between a ten and an eight-speed was approximately $600.00. He stated that after further negotiation, Seminole Ford has agreed to $2,000.00 per unit to change the transmissions. At this time Commr. Deems requested permission to negotiate for a price lower than $2,000.00 per unit.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved for Commr. Deems and Mike Willett to negotiate with Seminole Ford for a lesser price of $2,000.00 per unit to change the transmissions, and if successful, authority to resolve the problem.

Commr . Burhans was not present for the vote.

ASSESSMENTS/ORDINANCES/RESOLUTIONS

The Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #43, Birr Court. Mr. Michael C. Willett, County Administrator, informed the Board that the low bid was received from Hewitt Contracting Company in the amount of $67,950.85.

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the assessment roll for Special Assessment #43, Birr Court, and awarded the low bid to Hewitt Contracting Company, in the amount of $67,950.85.

COUNTY ADMINISTRATOR' S AGENDA (CONT.)

LAWS & LEGISLATION/ORDINANCES

Mr. Michael C. Willett, County Administrator, discussed the

school guard crossing program. He stated that the County Attorney's Office is in the progress of preparing the Ordinance, which they feel is required to put the law into affect. Mr. Willett stated that the law requires that the County return the money that is collected in the cities. He further stated that all of the money in the unincorporated areas will go to the County, which will return the money to the cities that do have public schools, dependiny on where the money was collected. Any leftover money from the unincorporated areas would go to the cities that would be short.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed that an Ordinance be drafted for Lake County to be involved in the school guard crossing program.

ASSESSMENTS/SUBDIVISIONS

Commr . Windram informed the Board that El Bonito Subdivision could not yet into the assessment program because they could not get the proper footage, due to a number of the lots being in an estate.

Mrs. Kathy McDonald, County Administrator's Office, informed the Board that the petition has been signed by every resident that lives there. She stated that 63% of the ownership has signed the petition, but they only have 42% of the footage. In order to get the additional 400 feet, the County would have to have 100% of the ownership other than the estate signing the petition.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved a mandatory lien assessment for El Bonito Subdivision.

COMMUNICATIONS

At this time Mr. Dave Thomas, Depco, Inc., presented his comments to the Board reyarding the sound system he had placed within the Board Meeting Room.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Chris Ford, County Attorney, presented the Board members with an Addendum to the NRG-Lake County Contract.

Mr. Ford discus-sed changes to the Addendum Mr. Dan Robuck, Attorney, and Mr. Jan Swiger, NRG/Recovery Group Inc., were present to discuss the changes with the Board.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the original contract and addendum for Lake County and NRG/Recovery Group Inc., and authorized the proper signatures.

WATER AUTHORITY/RESOLUTIONS

Mr. Will Davis, Lake County Water Authority, appeared before the Board to discuss three speed limit resolutions for the Palatlakaha River, Imperial Terrace, and Lake Griffin.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the followiny resolutions and authorized the proper signatures:

Palatlakaha River - Between Lakes Minneola & Cherry -The speed limit of "Slow Down Minimum Wake"



Imperial Terrace - West and East -The

speed limit of "Idle Speed No Wake"

Lake Griffin - Faber Canal -The

speed limit of "Idle Speed No Wake"

SUBDIVISIONS

Mr. Michael C. Willett, County Administrator, informed the Board that he would be meeting with several residents of Shademoor Acres tomorrow to discuss the problems regarding the blockade of Shademoor Drive. He stated that he would like to have several options to present to the Board at a later date.

No action was taken at this time.

ORDINANCES/WATER AUTHORITY

Discussion occurred regarding a proposed Ordinance relating to boating in Lake County. At this time it was noted that the Ordinance has not been advertised for public hearing and no action was taken.

RECESS & REASSEMBLY

At 10:45 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.

REZONING

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following postponements and withdrawal:

Postponements

199-85-2 Yalaha Volunteer 2-11-86 2:00 p.m.

Fire Dept

194-85-3 Eugene Morse 7-8-86 2:00 p.m.

Withdrawal

CUP 998-5 G. Wayne & Christine E. Blue

PUBLIC HEARING 178-85-3 A TO PFD City of Tavares

Mr. Steve Richey, Attorney representing the City of Tavares, appeared before the Board to discuss the request for a wastewater effluent disposal field. He explained that 20 acres would be used as a holding pond and 40 acres as a perculation pond. He stated that the present site has been permitted for 750,000 gallons. At this time he discussed the future growth of the City of Tavares and the proposed site stating that approximately one and one-half million (1,500,OOO) to two million (2,000,OOO) be placed on this site.

Mr. Bob Orois, Jammal & Associates, Winter gall Park, ons of effluent can appeared before the Board to present a geological and hydrologic evaluation of this site relative to its applicability for use as a perculation pond area. He stated that as a result this site could conservatively accept approximately one million (l,OOO,OOO) gallons a day and has a potential of disposing as much as two million (2,000,OOO) gallons a day, although further field testing would be required to achieve a higher capacity. He further stated that the evaluation indicates that this is a good site for the intended purpose. At this time Mr. Orois explained perculation and the use of such ponds. He stated that before such a project can be constructed and put into operation, the Department of Environmental Regulations (DER) and Lake County will require that a detailed ground water monitoring plan be developed and implemented, prior to the start of operation to insure the water quality.

Mr. Richey reviewed the conditions placed in the proposed PFD and stated that the City of Tavares will extend water to the residents without a tapping expense.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board amended F. in the Conditions to read as follows:

"The City of Tavares shall extend a waterline to provide

residents in the area with the option of tying into central

water at the City's expense."

Commr . Smoak clarified for the record that the intent of the motion was to include "the expense of tapping into the residents' homes at the expense of the City of Tavares" in Condition F.

Mrs. Vicki Ann Sherwood appeared before the Board and expressed her concerns regarding Lake Harris stating that she has spoken to experts, who have indicted that environmental studies have not been produced. She further discussed the rights of citizens stating that other surrounding areas would be more suitable for the project. She stated her concern for the drinking water in the proposed area and requested that the Board deny the request.

Ms. Joyce Abney appeared before the Board in behalf of herself and neighbors along Woodlea Road stating their concerns as follows: odor, mosquitoes, and at least 50% devaluation to their property. At this time she presented pictures for the Board's review.

Mr. Lee Hart, owner of 34 acres that joins the proposed property on the west, appeared before the Board and discussed what he considered as an undesirable public facility and the legal rights of property owners, should they have their property appraised before and after this installation. He further stated that this seemed to be an outmoded system. He discussed the effects the pond will have on Lake Harris and objected to the proposed site.

Mr. Chris Ford, County Attorney, discussed past legal actions that have been taken against the County regarding rezoning matters.

MS . Grace Nungesser, Lake Improvement Association, appeared before the Board, and objected to the proposed site because of environmental concern for the area and Lake Harris stating that this would be in violation of their Planned Future Land Use.

Mr. James Sherwood appeared before the Hoard to state his concerns regarding the future condition of Lake Harris and presented the Zoning Department with a book for their review.

Mr. Friedman appeared before the Board to discuss effluents in connection with Lake Harris. He questioned the maintenance on Woodlea Road and fire protection. Mr. Friedman stated that he opposed the proposed site because it would lower property values.

Mr. Raymond Cundiff, representing Mr. Paul Cox, appeared before the Board and stated that Mr. Cox owns six acres south of the proposed site. He discussed a survey that has been made indicating a 25 foot easement in front of the property to Woodlea Road. He stated that he has deeds back to 1926 where there was an easement deeded from the section line to Woodlea Road.

Mr. Ford stated that Mr. Cundiff would have to consult with an attorney regarding the public easement, but that this would not be a factor to consider in the zoning decision.

Ms. Nell Taylor appeared before the Hoard and stated that she lives across the street from the proposed perk pond. She stated that she was opposed to the City of Tavares obtaining anything for its utilization.

Mr. James Haun appeared before the Board and presented a list of safeguards and demands of abutting residents of Woodlea Road.

Mr. Richey addressed the list submitted by Mr. Haun.

Commr . Smoak explained to the Board that he did not feel that this project would adversly effect the environment.

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 A (Agriculture) to PFD (Public Facilities District) for a wastewater effluent disposal field.

Commr . Burhans voted "no".

KECESS & REASSEMBLY

At 3:15 p.m. the Chairman announced that the Board would recess for two minutes.

PUBLIC HEARING Cup 990-3 CUP in A Joseph G. Horvath

Mr. Joe Horvath, petitioner, appeared before the Board to discuss the request for rezoning. He stated that he had met with the Development staff and has agreed to put in the clay road and divide the property in order to meet zoning requirements.

Mr. David Clapsaddle, Development Department, stated that the reason for the recommendation of denial by the Development staff was because the Conditional Use Permit requested would not meet the subdivision regulations. At this time Mr. Clapsaddle recommended approval of the request made by Mr. Horvath to place the clay road and divide the property, which will meet the zoning and subdivision regulations. He stated that Mr. Horvath has agreed to dedicate and record the easement to the County.

Mr. Gilbert Allen appeared before the Board and stated that he lives on Double Run Road. He stated that he would like to see the subdividing of the property, but was concerned about the County grader not maintaining the 1,200 to 1,300 feet of Double Run Road. He stated that issuing a permit without opening the 140 foot section would cause a lot of problems on that section of the road. He stated that the road has not been maintained, because they can't turn around at an intersection that has a 90 degree turn. He opposed any kind of permit unless the subdivision includes opening the 140 feet that is presently closed.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed the rezoning request for a CUP in A (Agriculture) for a home ocupation office until February 11, 1986, at 2:00 p.m. or as soon thereafter as possible, and referred the request back to the Board so that the existing problems involving the 15 foot right-of-way can be resolved.

PUBLIC HEARING 195-85-5 A to RP Frederick C. Pait

Mrs. Sue Pait, petitioner, appeared before the Board to oppose the denial of this request. She stated that the request for RP zoning was for an insurance-real estate office.

Mr. David Clapsaddle, Development Department, stated the reasons for the Development staff recommending a C-l (Rural or Tourist Commercial District) zoning.

Discussion occurred regarding the uses in a CP (Planned Commercal) zoning.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial).

PUBLIC HEARING 201-85-4 A to C-l or CP and A to PFD

Doris L. Daugharty

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial) and PFD (Public Facilities District).

PUBLIC HEARING Cup 996-5 CUP in A Sunshine Peat, Inc.

Mr. David Clapsaddle, Development Department, informed the Board of a request received from the petitioner for a 30 day post ponement, so that conditions of the CUP could be examined.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for postponement until February 11, 1986, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING 190-85-4 RA TO PFD James & Gayle Clement

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 Commission and approved the request for rezoning from RA (Ranchette District) to PFD (Public Facilities District) for an electrical distribution substation.

PUHLIC HEARING 188-85-4 A to RR & PFD William Barton

Mr. George Wright appeared before the Board to object to the rezoning. He stated that all but one of the adjacent property owners siyned a petition objecting to the rezoning. He stated that they are concerned with the moving of an old steel building to the proposed site to be used for the church. He further stated that he has one-half million dollars ($500,000.00) invested within his property and objected to any devalutation of property.

Mr. Randy Chavers appeared before the Board to object to the rezoning. He stated that he owns a home on 38.7 acres of land, located at the corner of Wolf Branch and Orange Roads estimated at approximately three quarters of a million dollars. He stated that he objected to any property devaluation.

Mr. Earl Wright, Pastor of the Church, appeared before the Board to discuss the request. He stated the church has approxima- ely 80 members and that the steel building will be a temporary church. Construction plans have been made for a new building.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and denied the request for rezoning from A (Agriculture) to RR (Rural Residential) & PFD (Public Facilities District) for a church.

Commr. Smoak and Commr. Burhans voted "no".

Mr. Cecil Bodiford addressed the Board to speak in favor of this request and discussed the surrounding property.

PUBLIC HEARING 186-85-5 R-l-7 to A Linda T. Austin

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to A (Agriculture).

Commr . Windram was not present for the vote.

PUBLIC HEARING 183-85-4 A to RR Howard S. Rich

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

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

Commr. Windram was not present for the vote.

PUBLIC HEARING 198-85-4 RR to RP G. Richard Dickersin

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for rezoning from RR (Rural Residential) to R-l-6 (Residential).

PUBLIC HEARING Cup 997-l CUP in C-l David C. Barber

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

carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request for a CUP (Conditional Use Permit) in C-l for a mobile home for security purposes.

PUBLIC HEARING 193-85-5 Amendment of CP 16-83

Curtis Grigsby

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

carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for amendment of CP #16-83 for R.V. sales/service.

PUBLIC HEARING 192-85-1 Amend CP Jack & Rosemary Purdum

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 Commission and approved the request to amend the CP (Plan-ned Commercial) zoning to allow retail sales and a warehouse.

PUBLIC HEARING 182-85-1 RR & CUP #782-l to PFD

Eagle's Nest Baptist Church, Inc.

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 recommendaton of the Planning Commission and approved the request as amended for rezoning from RR (Rural Residential) & CUP 782-l to PFD (Public Facilities District) for a church.

PUBLIC HEARING Cup 999-3 CUP in M-l John Reising

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

carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for a CUP in M-l (Heavy Industrial) for a mobile home to be used as a caretaker's residence.

PUBLIC HEARING 189-85-3 A to C-l Edward R. Vrablik

Mr. Bill O'Brien appeared before the Board and stated that the request is for a real estate office to sell groves owned by the company until the bigger acreage of agricultural property refurbishes itself.

Commr . Smoak stated that he would like to see the area remain agricultural.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning Commission and denied the request for rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING 187-85-3 A to MP R. L. Horton, Jr.

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and denied the request for rezoning from A (Agriculture) to MP (Planned Industrial) for sales of used car auto parts and minor mechanical repairs.

Commr. Smoak declared a conflict of interest due to being a property owner in the area.

PUBLIC HEARING 197-85-3 ER to R-1-15 Lee Villa

Properties, Inc..Mr. Leonard Baird, Attorney representing the petitioner, appeared before the Board to discuss this request with the Board. He stated that the original request for the property was made for 100 foot lots, but was mistakably zoned ER with 125 foot lots. He stated that the request for R-1-15 was appropriate for the surrounding area. This would create five lots.

Commr. Smoak made a motion, which was seconded by Commr. Burhans to overturn the recommendation of the Planning Commission and approve the request for rezoning from ER (Estate Residential) to R-1-15 (Residential Estates).

Ms. Kathy Parcell, representing Colonel May, appeared before the Board and stated that Colonel May owns 2 l/4 acres. He was concerned about opening this area to R-1-15 zoning and increasing the density in the area. She stated that he was in opposition of this request.

The Board voted on the motion, which was carried, with Commr. Windram voting "no".

PUBLIC HEARING 196-85-3 A to AR Gordon L. Soland

Mr. Leonard Baird, Attorney representing the petitioner, appeared before the Board to discuss this request. He stated that the petitioner presently has six lots, but would like to request 2 1/4 acre lots for a total of ten lots to utilize more of the property. He did not feel this would increase the density. Be stated that the only real problem that the Planning and Zoning Commission had was the majority of the property being wetlands. At this time he discussed a petition stating objections to the request.

Ms. Linda Marsh appeared before the Board and stated that she did not want to see the density increase in the area. She discussed the property being flood plains and her concerns for the septic tanks.

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

PUBLIC HEARING 185-85-2 A to PUD Arthur E.

Roberts, et al

Commr. Smoak presented Commr. Deems with a letter from the City of Groveland giving their official support of the project. MS. Mary Thomas appeared before the Board and stated that she was opposed to the unsightly sewer treatment plant and feared devaluation of her property.

Mr. Steve Richey, Attorney representing the petitioner, appeared before the Board and submitted an amended site plan, which placed the plant in a more centralized position on the proposed property. Be discussed the buffer along Douglas Road and the terms in the PUD. Discussion occurred regarding litiyation with the Seaboard Coastline Railroad.

Mr. Richey requested an amendment to the the wording on the setbacks to state "to the RMRP standards in the mobile home park."

Mr. Michael C. Willett, County Administrator, recommended denial of the request for rezoning. David Clapsaddle, Development Department, stated that the staff recommended that the setback from the street right-of-way be 62 feet from the centerline of the road.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved an amendment to the PUD indicating that the primary roads as designated by mutual agreement between the developers and staff, in discussion today, meet the 62 l/2 foot centerline setback and interior roads meet the RMRP set-backs.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a request for rezoning from A (Agriculture) to PUD (Planned Unit Development) for a mobile home and R.V. resort with related commercial services and an amendment of the Comprehensive Plan of Lake County to allow densities, as set forth in the PUD, and a variance required from PUD Ordinance #696(5) setbacks to provide the setback set forth in Section 66 of the RMRP zoning, as amended.

PUBLIC HEARING 191-85-2 A to AR WEME Properties, Inc.

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 recommendation of the Planning Commission and approved the request for rezoning from A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING 200-85-3 A to C-l Thousand Trails, Inc.

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

carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING Cup 933A-3 Amendment of CUP 933-3 in C-l

Thousand Trails, Inc.

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

carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the request for an amendment of CUP #933-3 in C-l (Rural or Tourist Commercial).

COURTHOUSE

Mr. Michael C. Willett, County Administrator, informed the Board that there would be a celebration, in behalf of Martin Luther King, Saturday, January 18, 1986, held in the Old Courthouse parking lot.

COMMUNICATIONS

Commr . Smoak informed the Board that a letter is forthcoming from a church group in Orlando that is interested in purchasing land in Lake County for a church and school facility.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:18 p.m.

JAMES R. CARSON. JR.,CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/l-17-86

l/14/86