A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 10, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, November 10, 1987 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: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.: and James R. Carson, Jr. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk: Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Assistant; Bob Wilson, Director of Finance; and Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Special Minutes of October 30, 1987, as amended.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of November 3, 1987, as corrected.

BONDS - CONTRACTOR

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

0022-87 L. A. Young d/b/a Glen Haven Construction Co. (Building)

BUDGETS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the budget amendment to the Boating Improvement Fund, for the Fiscal Year ending September 30, 1988, in the amount of $21,100.00, giving a Total Estimated Revenue of $121,100.00 and a Total Estimated Expenditure of $121,100.00, in accordance with Section 129.06 (2) (D) Florida Statutes.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment for Wendy Deanne Fox and Patricia Powell, in the amount of $50.00 - Case No. 87-811-CJ.

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signature for the following items to be deleted from the Fixed Assets, for the month of November, 1987:

Prop. # Dept. Item Amount Reason

2017 Surplus Motorola Mobile Radio $ 570.00 To be junked

4289 Surplus Addo-X Multiplier 331.20 To be junked

7272 Surplus Printing Calculator 227.39 To be junked

10,337 Surplus VHS Recorder 261.50 To be junked

Total $1,390.09

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week ending October 31, 1987, in the amount of $23,485.67.

ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:

Pine Lakes South Subdivision

Olive Wheeler $1,259.15

Hilltop Sorrento Subdivision

Frank J. and Kay L. Williams 3,155.41

Pine Island Shores Subdivision

John L. and Ruth H. Kearns 499.84

Highland Lakes Subdivision

Marshall Gaard and Betty Gaard, subject to 3,140.07

an agreement for deed in favor of Bernard

John and Alice Darlene Volkert

Hilltop No. 3 Subdivision

Bobby Stephens 799.52

Mt. Plymouth Subdivision

Braxton Burt 547.50

Herbert and Ardis Brown 547.50

Virginia M. Lemmons 1,275.40

Robert K. Harrison and Kathleen M. Harrison 594.88

Robert K. Harrison and Kathleen M. Harrison 687.99

Richard J. Rippy 464.00

Richard J. Rippy 464.00

Richard J. Rippy 464.00

Emma Evelyn Robinson and Stephanie Lyn Leonard 455.50

Glenn F. Sisson 586.00 Glenn F. Sisson 586.00

Colista A. Shaw 547.50 Colista A. Shaw 547.50

Woodland Hills Subdivision

Patricia Ann Merritt 272.83

Christopher F. Hall and Virginia K. Hall 267.39

James C. Schuster and Jeannine M. Schuster 248.19

Pearl E. Loucks 482.28

Pearl E. Loucks 482.28

Jack V. and Edith J. Gorman 264.54

Luke L. Thise 266.11

Edward I. Westerhoff 267.39

Opal M. Huston 267.39

Janice H. Clark and Maxie Lee Clark, Jr. 271.55

Albert W. and Doris C. Jones and Elbert L. 168.60

and Peggy 0. Hansard

Sorrento Ranchos Penlan Park

Stephen L. and Shelby Albridge 1,369.92

Western Shores Subdivision

Barbara Ann Love 709.76

Barbara Ann Love 726.79

Barbara Ann Love 447.61

Barbara Ann Love 709.76

Barbara Ann Love 775.05

Barbara Ann Love 1.349.24

Barbara Ann Love 1,362.57

Barbara Ann Love 422.07

Barbara Ann Love 678.53

Barbara Ann Love 516.86

Barbara Ann Love 764.91

Barbara Ann Love 749.62

Barbara Ann Love 770.37

Barbara Ann Love 1,070.89

Barbara Ann Love 770.37

Barbara Ann Love 770.37

Barbara Ann Love 1,016.25

Barbara Ann Love 764.91

Barbara Ann Love 715.74

Barbara Ann Love 830.49

Barbara Ann Love 487.35

Springs Bath & Yacht Club

James E. and Sally F. Streets 704.87

Ocala Forest Campsites

Fred C. Ossenfort 605.64

Hilltop Subdivision

Alma l. Richardson 761.97

Extension of Twin Palms Road

Norman R. and Marjeane Rowley 1,166.77

Picciola Island Subdivision

Maxine and Neely Dillon 731.00

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/MUNICIPALITIES/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Astatula Fire District, to purchase a 1964 Ford F-850 American LaFrance Pumper, from the City of Ocoee, at a cost of $2,500.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Pasco Fire District, to reimburse Judy Crippen, Gary Crippen and Joe Berry, upon successful completion of a Building Construction and Codes class, at Lake Sumter Community College, at a total cost of $338.00.

ACCOUNTS ALLOWED/BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to bid out the following communication equipment: hand-held radios, mobile radios, pagers and chargers, at an estimated cost of $80,209.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Pasco Fire District, to hire an additional firefighter, for Station No. 1, at an annual salary of $13,500.00.

ACCOUNTS ALLOWED/MUNICIPALITIES/WATER RESOURCES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Leesburg, for the County to share in expenses incurred in meeting the St. Johns River Water Management District's requirements, in the construction of taxiways, at the Leesburg Municipal Airport, in the amount of $25,910.00, with the funds to be transferred from the County Transportation Trust Fund.

Mr. Rex Taylor, City Manager of the City of Leesburg, appeared before the Board and briefly discussed the project.

ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the final plat of Forestdel, 1st Addition, and accepted a performance bond, in the amount of $141,570.00.

SUBDIVISIONS

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

ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the final plat of Blue Lake Bend, and accepted a performance bond, in the amount of $57,200.00.

CONTRACTS, LEASES & AGREEMENTS/DEVELOPMENT/MUNICIPALITIES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on an Interlocal Planning Agreement, with the Town of Astatula, as requested by Development Coordination.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for the following individuals to live in mobile homes on the same pieces of property on which their conventional dwelling units are being built subject to the proper bonds being posted and with the understanding that the mobile homes will be removed upon the completion of the conventional dwelling units or upon the request of the Board of County Commissioners:

Glennon Schulte, East Lake County Area, District #4

Thomas Considine, Royal Trails Area, District #4

Chris Cubberly, Orlando Hills Area, District #5

Fred Bliss, Pine Lakes Area, District #5

Sara J. Turner, Orlando Hills Area, District #5

Included in the motion was approval of the request for cancellation of the following mobile home bond:

Odis Fender, South Lake County Area, District #2

BIDS/ROAD PROJECTS

Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss a letter from Central Testing Laboratory, regarding a Proposal for Asphalt Testing, Lake County Resurfacing O-102 (which he distributed to the Board for their review).

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to incorporate in future bids, testing procedures, as outlined in the letter from Central Testing Laboratory (submitted for the record), and to include core samples in those bids, as suggested by Commr. Burhans.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to award Project No. l-88, Countywide Resurfacing, to Asphalt Pavers, Inc., in the amount of $1,067,305.33.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to award Project No. 19-87, Pruitt Street Extension, Design-Build, to Paquette Paving Company, Inc., in the amount of $46,622.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for partial payment to Joyce Environmental, for the fourth and final cut in District II (Project No. 13-87, Countywide Secondary Road Mowing), in the amount of $7,770.37.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for final payment to Trac Roadbuilders, for Project No. 15-87, Lake Louisa Road, in the amount of $73,457.40.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for a change order, with Superior Asphalt Company, for Project No. 18-87, Southeast Umatilla Drainage Project, in the amount of $36,930.90.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

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

carried unanimously, the Board approved the request to accept the

following deeds:

Right-of-Way Deeds

Henry Wikel, George Myers, & Rachel Hunt #3-2439 S. Buckhill Rd.

(heirs of Mid Florida Realty)

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept the following deeds:

Non-Exclusive Easement Deeds

Ivan W./Joan P. Shaver La Place Court

Henry L./Edith M. Wikel Off Grassy Lake Rd. #3-1846

Gerald R./Goldie J. Eulett Off Grassy Lake Rd. #3-1846

COUNTY PROPERTY/DEEDS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on a County deed, to deed back to Gerald R. and Goldie J. Eulett a right-of-way, dedicated to the County on July 16, 1987, off Grassy Lake Road.

ACCOUNTS ALLOWED/PUBLIC WORKS/CONTRACTS, LEASES & AGREEMENTS

Discussion occurred regarding the Board's approval of a one year lease, September 15, 1987, with Leesburg Office Park, with an option for the second and third years, with the adjustment for the second and third years not to exceed an additional $.25 per square foot, for the Public Works Department.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to pay $12,294.33, to cover improvements and one month's rent, to Leesburg Office Park, due to the Public Works Department not utilizing the building, as previously approved by the Board.

ELECTIONS/LAWS & LEGISLATION

Discussion occurred regarding an ad to the general public, expressing appreciation of their support and vote, during the campaign of the one cent sales tax.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the ad, as stated above, to be advertised once each week, for two weeks, in The Lake Sentinel and The Daily Commercial, thanking the general public for their support of the one cent sales tax.

Mr. Chris Ford, County Attorney, stated that the Validation Suit, regarding the one cent sales tax, was filed on Monday, November 2, 1987, and the hearing has been set for November 30, 1987, at 10:00 a.m. He also stated that everything is proceeding as planned.

Mr. James Watkins, Clerk, expressed to the Board, as well as to all other individuals involved in the campaign (such as the County Attorney, the County Administrator and his staff, etc.) that it was a joy to work with them and thanked them for a job well done.

RECESS & REASSEMBLY

At 9:50 a.m. the Chairman announced that the Board would recess until 10:00 a.m.

ELECTIONS/WATER AUTHORITY

Mr. Mike Stearman, City Manager of the City of Eustis, appeared before the Board to discuss a referendum question to increase the membership of the Water Authority Board from three (3) members to five (5) members, to be slated for the March primary election.

Discussion occurred regarding how to word the ballot question, such as whether to state five members (one from each of the five County districts) to be elected by the public or five members to be appointed by the Governor.

Mr. Stearman suggested putting both questions on the ballot for the public to decide.

Mr. Burhans made a motion to do so, however, the motion died for the lack of a second.

Discussion continued regarding whether to go from a three (3) member to a five (5) member Water Authority Board and whether to have the members elected by the public or appointed by the Governor.

A motion was made by Commr. Smoak, and seconded by Commr. Burhans to accept the request from the Water Authority and place the following ballot question, as presented by Mr. Stearman, on the March presidential preference primary election ballot:

ARE YOU IN FAVOR OF EXPANDING THE OKLAWAHA BASIN RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY IN LAKE COUNTY, FLORIDA, (THE LAKE COUNTY WATER AUTHORITY) FROM A THREE (3) MEMBER GOVERNOR APPOINTED BOARD OF TRUSTEES TO A FIVE (5) MEMBER GOVERNOR APPOINTED BOARD OF TRUSTEES?



and in addition to that, to formulate the following question:

ARE YOU IN FAVOR OF EXPANDING THE OKLAWAHA BASIN RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY IN LAKE COUNTY, FLORIDA, (THE LAKE COUNTY WATER AUTHORITY) FROM A THREE (3) MEMBER ELECTED BOARD OF TRUSTEES TO A FIVE (5) MEMBER (ONE MEMBER FROM EACH COUNTY DISTRICT) ELECTED BOARD OF TRUSTEES?



Mr. Dick Sewell, resident of Tavares, appeared before the Board to discuss the question of an elective versus appointed Water Authority Board. He stated that he would prefer for the Governor to make appointments, based on competency, rather than anyone in the County running and possibly being elected by the public, and not being properly qualified.

Mr. Stearman stated that if an elective system is approved, it would require a complete restructuring of the system.

Considerable discussion continued as to how to present the ballot question to the public.

At this time Commr. Smoak withdrew his motion, with Commr. Burhans withdrawing his second to the motion.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to present, at a future date, a question proposal for the ballot, which would address the issue of a three (3) or five (5) member Water Authority Board, as well as the issue of an appointed or elected Board, for approval by the Board of County Commissioners and the Water Authority.

RECESS & REASSEMBLY

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

ZONING

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

Postponements

#108-87-l Carpi & Bretan 12-8-87 2:00 p.m.

CUP#87/10/1-2 Thomas Merritt 12-8-87 2:00 p.m.

#175-87-2 John McDowell 12-8-87 2:00 p.m.

CUP#87/10/3-2 John McDowell 12-8-87 2:00 p.m.

#174-87-1 Rt. 347 Realty Corp. 12-8-87 2:00 p.m.

#155-87-5 Austin G. Regel 12-8-87 2:00 p.m.

Withdrawal

#149-87-3 Lake County Cablevision



#152-87-3 LM and R-l-7 to LM and RP James Herlong

Mr. Tony Otte, City Administrator for the City of Tavares, appeared before the Board in opposition of the request, stating that the Tavares City Council would prefer single family housing for the area in question.

Ms. Debbie Hall, Lake Land Planning Group, representing the petitioner, appeared before the Board to discuss the request. She stated that her client plans to buffer the lake with single family residential units, utilizing the 150 ft. setback requirements.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from LM (Light Manufacturing) and R-l-7 (Urban Residential) to LM (Light Manufacturing) and the rear parcel to RP (Residential Professional).

#134-87-3 Amend CP to C-2 Uses Ranjit Basi

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 and Zoning Commission and denied the request to amend CP Ordinance No. 29-79 to include all C-2 (Community Commercial) uses.

#145-87-l RR to R-1-15 Phyllis McOmber

Ms. Debbie Hall, Lake Land Planning Group, representing the petitioner, appeared before the Board to address the concerns of the residents in the area of the property in question.

Mr. Fred Morrison, Attorney representing Cathedral Arch Estates, appeared before the Board in opposition of the request. He stated that the residents would like to protect the integrity of their neighborhood, which is composed of estate type homes, and not compatible with R-1-15 zoned type homes. He also brought up the concern of doubling the density in the area, the need for additional schools, and the fact that if the Board approves this request, then they will also have to approve future requests for the same type

zoning.

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

Commr. Smoak voted "No".

#153-87-5 A to CP Morain Coating & Construction

#153A-87-5 Revoking CUP#531A-5 & Rezoning from A to CP

Paul Resop

No one present wished to discuss the 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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), as amended, for a shopping center.

Included in the motion was approval to uphold the recommendation of the Planning and Zoning Commission and approve the request to revoke CUP#531A-5 and rezone from A (Agricultural) to CP (Planned Commercial), as amended, for a convenience store/shopping center.

#162-87-5 A to RR Stephany Welham

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

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

#181-87-5 RA to PFD Lake County Department of Fire Protection

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RA (Ranchette District) to PFD (Public Facilities District), for storage of fire protection equipment.

#156-87-4 C-l & RR to CP Veronica Boudreau

Mr. William G. Carroll, adjacent property owner to the property in question, appeared before the Board in opposition of the request. He presented a petition, opposing the request, to the Board for the record.

Mr. Stanley Delikat, a resident of the area in question, concurred Mr. Carroll's concerns, from the audience.

Mr. Richard Wolfersberger, owner of the property in question, appeared before the Board to discuss the request. He stated that he had spoken with Mike Szunyog, Director of Development Coordination, regarding the rezoning, and was proceeding in the manner which was recommended to him by Mr. Szunyog.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from C-l (Rural or Tourist Commercial) & RR (Rural Residential) to CP (Planned Commercial).

#166-87-4 A to PFD Omer Schrock

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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a church and educational building.

#157-87-4 A to PFD Sumter Electric Company

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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to expand an existing electrical substation.

#169-87-4 R-l-7 to LM Prince Hinson

Mr. Robert Grantham, who is wanting to purchase the property in question, appeared before the Board to discuss the request. He discussed the various types of businesses that are presently located in the surrounding area, and presented a petition to the Board for the record, signed by the majority of the residents in the area, stating that they do not oppose the rezoning.

Mr. McDonaldson, representing the Mt. Plymouth Home Owners Association, appeared before the Board in opposition. He discussed the homeowners' concerns, such as the pollution of drinking water (private wells); the safety of children who catch the school bus at the location of the property in question; and the fact that said business will be located next to a church and it is felt that the business will interfere with church services.

Ms. Willamae Brown, a resident of the area and member of the church involved, appeared before the Board in opposition. She stated that it is felt by the members of the church that the business in question will interfere with church services and will add more traffic to an already heavily traveled road.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from R-l-7 (Urban Residential) to LM (Light Manufacturing).

Commr. Smoak voted "No".

#160-87-5 A to RR Howard Babb

No one present wished to discuss the 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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential).

COMMISSIONERS

At 3:15 p.m. the Chairman turned the Chairmanship over to the Vice-Chairman, Commr. Burhans.

#161-87-5 A to RR Howard Babb, Jr.

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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential).

COMMISSIONERS

At 3:20 p.m. the Vice-Chairman, Commr. Burhans, returned the Chairmanship back to the Chairman.

#177-87-3 A to PUD W. McMillan & C. Fosgate

Mr. John Blanchard, owner of a piece of property across the street from the property in question, appeared before the Board in opposition. He stated that he is concerned about the density in the area.

Mr. Steve Richey, Attorney representing the developer, appeared before the Board and addressed the concerns of Mr. Blanchard, regarding density, as well as to discuss the setback requirements.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), with the variances as granted.

#178-87-3 A to RR Montverde Groves, Inc.

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

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

Commr. Smoak declared a Conflict of Interest, as he is the principal owner, and abstained from the discussion and vote.

#164-87-3 RR to ER Al Besade

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 and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to ER (Estate Residential).

#170-87-3 To Amend the Existing MP Conditions Monica Besade

Mr. Besade, petitioner, appeared before the Board to discuss the request.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend the existing MP conditions, as stated for the record, by Mr. David Clapsaddle, Principal Planner.

#179-87-3 A to AR Charles Watson

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 and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential).

#159-87-2 A to RR Clyde Puryear

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

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

CUP#87/10/2-2 CUP in A Kevin Stiefel

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), as amended, for a home occupation for the repair of agricultural equipment.

#165-87-2 A to R-1-5 Thomas Wallace

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential).

#163-87-2 A to AR Al Besade

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 and Zoning Commission and approved the request for rezoning Erom A (Agricultural) to AR (Agricultural Residential).

#158-87-2 Amend MP Ord. #6-79 Walter Fraser and Jeff Biedel

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend MP Ordinance No. 6-79, for marine repair.

#172-87-l Amend CP for C-2 Uses Rosemary Purdum

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP (Planned Commercial) for C-2 (Community Commercial) uses.

#173-87-l Amend CP for C-2 Uses G. 0. & E. B. Pringle, ano

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved to amend CP (Planned Commercial) to C-2 (Community Commercial) uses.

#176-87-5 A to AR Dorothea Thompson

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

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

#168-87-l R-l-7 to R-l-5 or RM L. R. Busk

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential) or RM (Mobile Home Residential).

#167-87-l R-l-7 to RM Raymond Kelshner

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to RM (Mobile Home Residential).

#180-87-l C-2 to CP Joe Swiderski

Ms. Debbie Hall, Lake Land Planning Group, representing the petitioner, appeared before the Board to discuss the request. She questioned Item B. l., under Transportation/Development Restrictions, stating that the petitioner does not need a frontage road along the North boundary of the property in question, as stated in the conditions of the CP.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to amend the CP, deleting Item B. l., under Transportation/Development Restrictions, of the Conditions of the CP.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to CP (Planned Commercial), as amended.

#171-87-3 R-l-7 to RP Bryan Anderson, Jr.

Mr. John O'Kelly, representing the petitioner, appeared before the Board to discuss the request and answer a question the Board had regarding the sewer and water system.

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

CUP#982A-3 Amend CUP#982-3 Beatrice Ettinger

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#982-3, which permits the mining of clay.

Commr. Smoak declared a Conflict of Interest, as he is an adjacent property owner, and abstained from the discussion and vote.

LPA#87-1-3 Land Use Plan Amendment Lake County Planning

Department

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 and Zoning Commission and approved the Land Use Plan Amendment of 320 acres, located on Hartwood Marsh Road, in Clermont.

There being no further business to be brought to the attention of the Board the meeting adjourned at 4:00 p.m.

THOMAS J. WINDRAM, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

SEC/11-13-87