A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 10, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, January 10, 1984, 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.; C. A. "Lex" Deems; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: and Mary C. Grover, Secretary.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of January 3, 1984, as submitted.

LANDFILLS/CONTRACTS, LEASES & AGREEMENTS

Commr. Deems informed the Board that he had spoken with Mr. Bill Stokes regarding the contract Mr. Stokes has with the County in regards to the orange grove at the Loghouse Landfill. He stated that when the County purchased the property, the Board gave Mr. Stokes until the 15th of January to get the fruit off the trees. He further stated that Mr. Stokes was requesting extension on his contract.

Mr. Bill Stokes was present to answer any questions the Board might have.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to extend the contract with Mr. Bill Stokes, indefinitely, in order for Mr. Stokes to get the early fruit off the trees.

JAIL

Mr. Watkins, Clerk, informed the Board that the Jail Task Force Committee had met and that they are still recommending the same three firms to the Board for interviews for the Jail Study Consultant. The three firms recommended by the Committee were: Architectural Design Groups of Florida, Inc.; Reynolds, Smith & Hills; and Frizzell Architects, Inc.

Discussion occurred regarding how the firms should be set up to be interviewed. It was the opinion of Commr. Windram that all three firms should be interviewed before making a final decision due to the potential expenditure that could be involved.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to schedule the three firms for interviews on January 17, 1984, as follows:

9:30 a.m. Architectural Design Group of Florida, Inc.

10:15 a.m. Reynolds, Smith & Hills

11:OO a.m. Frizzell Architects, Inc.

The Board agreed not to make a final decision until all three are interviewed.

BONDS - CONTRACTOR

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

NEW

412-84 Del Harris d/b/a Del Harris Gas Appliance Service

(Gas Appliance Repair)

4080-84 Wayne T. Leidner (Painting Contractor)

REPORTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending December 30, 1983, ($6,462.85).

CLERK/CHECKS RECEIVED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board accepted a check from James C. Watkins, Clerk, for unclaimed excess proceeds due landowners on application for tax deeds, totaling $8,922.57.

PUBLIC HEALTH/GRANTS

Commr. Windram informed the Board that Lake County has been awarded $31,784.82 in regards to the Emergency Food and Shelter National Board Program. He explained that the program was established by President Reagan. He stated that the program would involve one member from the County Commissioners, representatives from United Way, Red Cross, Lake Community Action Agency, Catholic Charities, and Salvation Army.

The Board discussed the program and how the funds would be

dispersed.

The Board referred it to Mr. Ford, County Attorney, to research and report back to the Board.

MENTAL HEALTH/COUNTY BUILDINGS

Commr. Burhans stated that he, Lonnie Strickland, and Joe Davis, County Attorney's Office, have been working with Mr. Bert Lacey, Lake/Sumter Community Mental Health Center, regarding a lease agreement for the former nursing home. He stated that Mr. Lacey needs a Resolution from the Board supporting the project. Discussion occurred regarding the repairs that are needed to the roof on the building. Further discussion was postponed until Mr. Lacey and Lonnie Strickland would be present.

PUBLIC WORKS AGENDA

CONTRACTS LEASES & AGREEMENTS/COUNTY PROPERTY

Mr. Michael C. Willett, Director of Development & Public

Works, addressed the Board regarding a request received from the Florida Army National Guard for the County to lease or deed to them a lo-acre parcel for a new maintenance shop.

Sgt. Quinn, Florida National Guard, was also present to discuss the request.

Mr. Willett further presented the Board with a list of the following sites which might be available for the National Guard's purposes:

Lady Lake area

Astatula Landfill

Agriculture Center

Buckhill Road

It was noted that the County did not have 10 acre sites with central water and sewer. Discussion continued regarding the 10 acre site at the Agriculture Center.

Sargeant Quinn stated that the lease would be for 50 years and that the property would revert back to the County should the building be vacated.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to offer the Florida Army National Guard 10 acres which is available next to the Woodlea Fire Department property located at the Agriculture Center.

MUNICIPALITIES/PUBLIC WORKS/BIDS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Mount Dora for the County to handle the bidding, engineering, and construction supervision for the improvements to Pine Street and Third Avenue.

COUNTY BUILDINGS & GROUNDS/COURTHOUSE

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from Rev. Manning to have a barbecue across from the Old Courthouse by the parking lot and houses on January 15, 1984, the date of the Martin Luther King, Jr. Birthday Celebration.

The motion also included that the Old Courthouse be opened so that the sanitary facilities could be used.

RESOLUTIONS/BUILDING DEPARTMENT

Mr. Jerry Sexton, Planning and Zoning Coordinator, addressed the Board to discuss adoption of a resolution regarding special inspectors for threshold buildings. He stated that it was State mandated for all governmental agencies to adopt the resolution.

He informed the Board that all expenses incurred with the special inspector would be paid by the owner of the building.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board adopted and authorized the Chairman to sign the resolution regarding special inspectors for threshold buildings.

PUBLIC WORKS/ACCOUNTS ALLOWED

Mr. Michael C. Willett, Director of Development & Public Works, addressed the Board requesting to purchase computer equipment for the Division of Development & Public Works. Mr. Jerry Grief, Planning Department, informed the Board that he was Chairman of the Committee who studied various equipment which would suit the County's needs. He stated the Committee recommended to purchase.the equipment from Digital Equipment Corp. He stated that the requested equipment was an independent system, but that it would be compatible with the Clerk's computer system. He further stated that the price did not include software.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of computer equipment for the Division of Development & Public Works from Digital Equipment Corp. at an estimated cost of $38,294.10.

POLLUTION CONTROL

Mr. David Rosenau, Pollution Control, addressed the Board

regarding the request for a site plan approval for a wastewater treatment and disposal facilities for Blue Parrot Camping Park. He stated that the request meets all the necessary requirements.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the site plan for a waste-water treatment and disposal facilities for Blue Parrot Camping Park.

PUBLIC WORKS

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

carried unanimously, the Board denied the request from B. M. Miller Paving Company to purchase clay from the County at $1.00 per cubic yard for the Blue Creek Point Subdivision.

ASSESSMENTS/ROAD PROJECTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to bid the special

assessment project for Hilltop Subdivision and Unit II - Pine Street, Laralack Avenue, Patterson Street and Lackabee Street.

COURTHOUSE/COUNTY BUILDINGS & GROUNDS

Mr. Michael C. Willett, Director of Development & Public Works, informed the Board that due to the Martin Luther King, Jr. Birthday Celebration, he sent a memorandum to all the department heads requesting that no cars be left in the parking lot around the building over the weekend. He recommended the Board authorize a similar memorandum be sent to the Constitutional Officers.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board authorized that a memorandum be sent to the Constitutional Officers requesting that no cars be left in the Old Courthouse Parking Lot over the weekend.

ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved travel, retroactive to December, 1983, for Lonnie Strickland who attended a meeting in Tallahassee at an estimated cost of $100.00.

PUBLIC HEALTH/LAWS & LEGISLATION/RESOLUTION

Commr. Burhans informed the Board that each member had a copy of proposed legislation drafted by Representative Kelly relating to social and economic assistance; amending s. 409.345, F.S.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to support the proposed bill and authorized a Resolution be prepared and sent to the Legislative Delegation.

WATER AUTHORITY/RESOLUTIONS

Mr. William C. Davis, Director of Water Authority, was present to request approval of the Waterway Speed Sign Resolution for Shangri-La-by-the-Lakes.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the request of Mr. Davis and approved the Waterway Speed Sign Resolution for Shangri-La- by-the-Lakes.

WATER AUTHORITY/ORDINANCES/MOSQUITO CONTROL

Mr. William C. Davis, Director of Water Authority, was present to discuss a proposed ordinance pertaining to aquatic plant transport.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized that the proposed ordinance be scheduled for public hearing on February 7, 1984.

RECESS & REASSEMBLY

At 10:30 a.m. the Chairman announced the Board would recess for fifteen minutes. The Board reconvened at 10:45 a.m.

ACCOUNTS ALLOWED/GAME & FISH COMMISSION

Mr. C. E. Heppberger, President of the Lake Improvement Association, Inc., addressed the Board requesting the purchase of 200,000 black bass minnows at 12C each from Florida Fish Farms,.Inc. in Ocala. He stated that there would be another 100,000 black bass minnows available and that the Florida Fish Farms, Inc. would take the tagging machine, currently owned by the County, in exchange for the minnows.

Mr. Ed Zager, Florida Game & Fresh Water Fish Commission, stated that the Fish Commission approved of both request.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of 200,000 black bass minnows at 12c each from Florida Fish Farms, Inc. in Ocala and approved to exchange the bass tagging machine for 100,000 black bass minnows.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board declared the bass tagging machine as surplus property and directed the title of the machine be designated to Mr. Smith of Florida Fish Farms, Inc.

SOIL CONSERVATION/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved travel for Ray Powers, Soil Conservation, to attend a SCS workshop on the use of the Neutron Probe in Sebring, Florida, January 30-31, 1984, at an estimated cost of $75.00.

SHERIFF'S DEPARTMENT/ACCOUNTS ALLOWED

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $955.83 for the following

expenses:

F P.C., Inc. (Brass for Reloads) $663.83

Florida Intelligence Unit 60.00

(Annual Assessment fee for 1984)

Oaks Wholesale Distributors 232.00

(100 boxes of 00 buck shot ammunition)

AUDITS/FIRE DISTRICTS

Mr. Watkins, Clerk, addressed the Board regarding audits for the Fire Districts. He stated that it was the opinion of May, Zima and Company, auditors for Lake County, that under the

guidelines for the financial reporting system, the Fire Districts should be included in the 1984 County audit. He requested the Board's permission to communicate with the Fire Districts regarding the audits and also to get with the auditors to obtain the additional cost for those audits.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Watkins, Clerk, to communicate with the Fire Districts regarding the audits.

FIRE DISTRICTS-DEPARTMENTS

Mr. Joe Stephany, Director of Emergency Services, addressed the Board to discuss fire protection for the unincorporated areas in the County. He informed the Board that he had gathered data relating to the structure tax with the exception of mobile homes. He stated that he should have the information on mobile homes within the next few days.

Mr. Stephany explained that he had broken the information down into three categories: Millage Groups l-6; Special Fire Districts: and Cities. He then gave a presentation on each of the categories. During the presentations he explained the number of parcels in each category; gave the gross assessed value, without any exemptions; and then the average value per parcel. He stated that the Millage Group consisted of the unincorporated areas of the County not covered by fire protection.

Mr. Stephany stated that the following were area options which would be covered by a Special District or municipal service taxing unit:

1. Unincorporated areas not presently covered by Fire Districts.



2. Unincorporated areas plus selective districts in cities who might wish to join the County in fire protection.

3. Total county fire protection.

Mr. Stephany stated that he felt annual budgets should be
prepared.

Discussion occurred regarding the estimated fee for each structure. It was pointed out that in the existing Fire Districts,.the average cost per structure would be $29.40 per year. The structures have not yet been placed into categories such as residential, commercial buildings, nursing homes, etc.

The Board discussed placing the structure tax question on the March ballot.

Mr. Bill Bader, Mid-Florida Lakes, addressed the Board requesting that Mid-Florida Lakes be excluded from the fire protection as Mid-Florida Lakes has their own protection. It was noted that on the previous referendum Hawthorne and Mid-Florida Lakes had been excluded.

Mr. Ford, County Attorney, questioned Mr. Bader if it would be acceptable to the Mid-Florida Lakes Fire Department to enter into an agreement with Lake County in which the County agrees to return the money that Mid-Florida Lakes residents paid directly to the Fire Department for fire services within that limited area.

Mr. Dick Suffert, President of the Mid-Florida Lakes Fire Department, stated that the Fire Department would be interested in discussing an agreement. Mr. Charles Blymyer, Bassville Fire District, stated that the Fire District does not have a mutual aid pact with Mid-Florida Lakes.

Mr. Gitt, Mid-Florida Lakes, questioned if the Fire Department did contract with the County, if they would have to respond to calls outside their district. Mr. Ford stated that the Fire Department would not have to respond to other calls if it was not written in the contract.

Commr. Smoak stated that another option would be that Mid- Florida Lakes be created as a sub-district in the Bassville Fire District Ordinance.

Mr. Essel, Mid-Florida Lakes, was also present to discuss the structure tax fee that might be placed upon Mid-Florida Lakes.

Mr. Gordon Savage, attorney for the Bassville Fire District, addressed the Board and stated that he had no problems with the figures, but he would like to see the County keep the Fire District concept.

Mr. Walt Zeiner, Pasco Fire District, also addressed the Board and stated that he did not have any problems with what the Board was proposing, but he felt that the agricultural properties should pay some sort of fee.

Mr. Blymyer also stated that he felt the grove owners and field owners should pay a portion of tax.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board instructed Mr. Stephany to prepare a preliminary structure tax fee schedule and present the Board with alternate ballot questions at the meeting on January 17, 1984, at 3:30 p.m.

COMMISSIONERS

At this time Commr. Carson excused himself from the meeting.

MENTAL HEALTH/RESOLUTIONS

Mr. Bert Lacey, Lake-Sumter Community Mental Health, addressed the Board to discuss the proposed agreement between Lake County and the Mental Health Center in which the Center is proposing to lease the former nursing home building for a Geriatric Residential Treatment System. He stated he was requesting the Board consider passiny a Resolution in support of the program.

Discussion occurred regarding repair of the roof. Mr. Lacey stated that any improvements to the facility would be brought to the Building Committee for approval. He further stated that he would obtain the Board's approval in regards to the repairs on the roof prior to any work being started.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized a Resolution be prepared expressing the Board's support with the concept of the Geriatric Residential Treatment Center with the details of the agreement being worked out mutually between the Mental Health Center and the County.

FIRE DISTRICTS-DEPARTMENTS/CONTRACTS, LEASES & AGREEMENTS

Discussion continued regarding the proposed agreements with the cities for extending their boundaries in regards to fire protection in the unincorporated areas of Lake County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the proposed contract as recommended by Mr. Joe Davis, County Attorney's Office, and Mr. Joe Stephany, Director of Emergency Services, be presented to the cities for their comments.

RECESS & REASSEMBLY

At 12:40 p.m. the Chairman announced the Board would recess for lunch.

The Board reconvened at 2:00 p.m. for Rezoning Cases. REZONING

PUBLIC HEARING #130-83-3 A to RMRP Lake Dora R.V. Resort, LTD.

Mr. Jerry Grief, Planning Department, informed the Board that this case had been postponed since November 8, 1983.

Mr. Larry Hughes, Boyer, Singleton & Associates, addressed the Board to give the Board an update on what has happened since the Board postponed the case on November 8, 1983. He stated that there would not be an access on Milwaukee Avenue. He further stated that a transportation study had been presented to the Planning Department for their review. He explained the petitioner has agreed to erect a fence between the proposed park and the residents of Wisconsin-Michigan Shores.

Mr. Hughes then discussed the traffic situation in the area. He stated that they looked at two major areas the intersection of C-561 and SR 19; and the entrance of their project onto C-561. He stated that the studies conducted by an Engineering Firm showed that improvements need to be made at the intersection at the present time. He explained that the Department of Transportation is proposing to make intersection improvements and that those improvements include a northbound acceleration lane from C-561 onto SR 19. He stated that DOT is also proposing a by-pass lane on SR 19 going southbound and a left turn lane coming from the north to turn onto C-561. He further stated that the intersection study also shows that a traffic signal should be installed. He further stated that the petitioner would 'be making major improvements to the road at the entrance of the project.

Mr. Hughes also stated that as the study shows that a traffic signal is needed at the present time, the petitioner is willing to share the cost to install the traffic signal.

Mr. Hughes informed the Board that a study was conducted on the soils on the property. He stated that Mr. Ted Wicks, Durden & Wicks, Inc., performed an on-site analysis. He stated that the soil profile has changed considerably and showed charts of the change.

Mr. Hughes explained that there are three phases to the project:

Phase I - 250-300 sites

Phase II - 235 sites

Phase III - 200 sites

Mr. Jerry Sexton, Planning and Zoning Coordinator, stated that the Planning Department has recommended an additional deceleration lane in the northbound lane of C-561 and that the traffic signal be installed. Mr. Sexton stated that he had some problems with the location of the entrance going into the project. He stated he felt the entrance should be as far south as possible to help alleviate the problems.

Mr. Hughes stated that they would participate with the County in the installation of a traffic signal after the completion of 200 sites. Mr. Sexton stated the Department was recommending the installation of the signal after 100 sites have been completed.

Mrs. Alice Whidden, Milwaukee Avenue, addressed the Board to discuss the impact of the proposed project on the area. She also questioned the method that would be used to take care of the sewage. Mr. Hughes stated that there would be a wastewater treatment plant on the property. Mrs. Whidden further stated that she would like to see this case postponed until a response is received by the Department of Transportation.

Mr. Sans Lassiter, Transportation Consultant Group of Orlando, addressed the Board to further discuss the traffic study on the existing traffic that his firm had conducted.

Mr. Lawrence Wallace addressed the Board with concerns of the marina being built. He questioned if a channel would be dug or if the marina would be built off the existing land. Mr. Hughes stated that it would be built off the existing land. Mr. Wallace also had concerns in regards to the control of boat traffic.

Mr. Don Clemons, Wisconsin-Michigan Shores, informed the Board that he did not disagree with the concept of the proposed project, but he felt some serious thought should be given to four laning SR 19 from Tavares to Howey.

Mr. E. C. Peters, Wisconsin-Michigan Shores, informed the Board that there were several people in the audience who opposed the project and that they were concerned with the traffic situation in the area.

Mr. Miller, Wisconsin-Michigan Shores, addressed the Board and expressed his concerns in regards to the garbage trucks and sand trucks which are already in the area.

Mr. Herbert Eiler, Wisconsin-Michigan Shores, addressed the Board to discuss his concerns with the traffic and the fence which is to be installed. He stated that his concern was with the water running from the property onto his property. He presented the Board with pictures.

Mr. Ted Wicks, Durden & Wicks, Inc., stated that the property will meet the on-site retention requirements.

Commr. Smoak stated that he still has reservations of the traffic situation in the area.

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 RMRP (Mobile Home Rental Residential).

PUBLIC HEARING CUP #895-3 CUP in RMRP Lake Dora R.V. Resort , LTD.

Discussion continued regarding the improvements to the traffic situation.

Mr. Hughes explained to the Board what the petitioner has committed to do:

1. Participate in the cost with the County for a traffic signal at C-561 and SR 19.



He further stated that the following improvements would be made by the Department of Transportation:

2. There will be an acceleration lane from south to north out of the project.



3. There will be a by-pass lane from north to south.

4. There will be a left turn lane into the project.

Discussion continued regarding when the traffic signal should be installed. Mr. Hughes recommended that the traffic signal should be installed after Phase I, 200 sites have been completed.

Mr. Lassiter, Transportation Consultant Group of Orlando, stated that the traffic signal should not be installed until the Department of Transportation makes all the necessary improvements.

Commr. Smoak made a motion to postpone the rezoning case until February 14, 1984, and request that specific drawings be submitted and request that the staff, petitioner and DOT work together on the decision of the traffic signals and the

improvements to be made by DOT and resubmit the Conditional Use Permit in final form. The motion died for a lack of a second.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board postponed this rezoning case until February 14, 1984, at 2:00 p.m. or as soon thereafter as possible. The Board directed the developer and the staff work with DOT to attempt to resolve the remaining problems, and instructed that the revised CUP be brought before the Board completed.

PUBLIC HEARING #129-83-3 RMRP to CP Lake Dora R.V. Resort, LTD.

Mr. Larry Hughes, representing the petitioner, was present to answer any questions the Board might have.

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 RMRP (Mobile Home Rental Residential) to CP (Planned Commercial).

RECESS & REASSEMBLY

At 3:30 p.m. the Chairman announced the Board would recess for five (5) minutes. The Board reconvened at 3:35 p.m.

PUBLIC HEARING #118-83-2 RP to C-l or CP Joseph Linartas

Mr. Linartas, petitioner, was present to discuss the rezoning with the Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board overturned the recommendation of the Planning Commission and approved rezoning from RP (Multiple Family Residential-.Professional) to CP (Planned Commercial) with the CP being amended to allow all uses under C-l with the exception of allowing alcoholic beverages by the drink.

Commr. Deems declared a conflict and did not participate in

the discussion and did not vote.

PUBLIC HEARING #135-83-1 A to C-l or C-Z Orange Blossom

Hills, Inc.

No one in the audience wished to discuss this case 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 accepted withdrawal of the rezoning case.

PUBLIC HEARING CUP #702A-1 CUP in RM Orange Blossom Hills Inc.

No one present wished to discuss this case 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 postponed this rezoning case until Fenruary 14, 1984, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #148-83-5 MP to AR Eldred J. Duvall

No one present wished to discuss this case 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 MP (Planned Industrial) to AR (Agricultural Residential).

PUBLIC HEARING CUP #897-4 CUP in RA James W. Hart

No one present wished to discuss this case 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 denied a CUP in RA (Ranchette) for agricultural housing.

PUBLIC HEARING #139-83-5 A to RR Sidney E. Peterson

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

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

PUBLIC HEARING CUP #898-5 CUP in A F. P. Hatfield

No one present wished to discuss this case 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 a CUP in A (Agriculture) for a home occupation (dental office) as amended.

PUBLIC HEARING #140-83-5 RR to CP C. E. Thornburg

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

Mr. Jerry Greif, Planning Department, informed the Board that a letter had been received by the petitioner requesting the case be withdrawn.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board accepted the withdrawal of the rezoning case as requested by the petitioner.

PUBLIC HEARING #144-83-4 Amend CP J.C. & C.E. Hale

Mr. Jerry Greif, Planning Department, informed the Board the Department had received a letter from the petitioner requesting a 30 day postponement on the case.

Mr. George Eaton addressed the Board and stated that he lived next door to the car lot and that he was objecting to the rezoning. He stated that the car lot has over 30 cars on the lot. He further stated there were supposed to be only 15 cars on the lot.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this case until February 14, 1984, at 2:00 p.m. or as soon thereafter as possible. The Board instructed the Code Enforcement Department check on the number of cars which are located on the car lot at the present time. time.

PUBLIC HEARING #143-83-4 PUBLIC HEARING #143-83-4 RR to R-1-15 RR to R-1-15 P & 2 Staff P & Z Staff

No one present wished to discuss the case 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 rezoning from RR (Rural Residential) to R-1-15 (Residential Estates District).

PUBLIC HEARING CUP #899-l CUP in R-l-7 Roy & Blair Barrett

Mr . Terry Carney was present to object to the rezoning. He stated that the area was residential and that there was a current traffic problem. He stated that there would be additional traffic problems should rezoning for a day care center be approved.

Mrs. Blair Barrett, petitioner, addressed the Board and presented the Board with a petition stating that a day care center is needed in the area. She also stated she had a letter from a resident requesting their name be taken off the petition objecting to the rezoning.

Ms. Vicky Smith addressed the Board objecting to the rezoning. She stated that should the Board rezone the property to commercial then the whole area should be zoned commercial.

Mr. Woodrow Lee stated that he felt a day care center would lower the value of surrounding houses.

Mrs. Carmen Edge also addressed the Board objecting to the rezoning.

Mrs. Davenport, Blossom Lane, stated that she felt the entire area should be rezoned to commercial.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning Commission and denied the rezoning for a CUP in R-l- (Urban Residential) for a day care center.

PUBLIC HEARING #146-83-l A to R-1-5 Woodrow Smith

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the withdrawal of the rezoning case as requested by the petitioner.

PUBLIC HEARING #147-83-2 C-l and C-2 to C-2 William C.

Gregg, Jr.

Mr. Fred Morrison, attorney representing Mr. Muscarello who is the contract/purchaser for Mr. Gregg, addressed the Board regarding the rezoning. He stated that Mr. Muscarello and Mr. Robuck, attorney representing the residents objecting to the rezoning, had met to discuss stipulations to the CP should the rezoning be approved. He stated that under the CP all uses in C-l and C-2 would be allowed except the following:

1. Taverns, bars and lounges

2. Paint, body and fender shops for incidental repair of

vehicles. Automobile centers and salesrooms will be kept in the CP.



3. Drive-in theaters

4. Leave off adult uses

The following would be added:

A. A package store which does not allow or is not used in conjunction with consumption of alcohol on the premises.



B. Restaurant which sells alcohol in conjunction with food and has a separate lounge without a dance floor.



C. Site plan approval will not be required by the Planning and Zoning Commission and the Board of County Commissioners, but will be done by the Planning and Zoning Coordinator.



Mr. Dan Robuck, representing the residents who were in o Opposition to the rezoning, addressed the Board and stated that his clients no longer objected to the rezoning with the stipulations as stated. He further stated that if the sale falls through, and Mr. Gregg wishes to put the land back the way it is, the residents will not object.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) to CP (Planned Commercial) with the stipulations as stated and presented by Mr. Morrison.

PUBLIC HEARING #142--2 RM to R-l-5 Robert L. McCullough

No one present wished to discuss this case 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 RM (Mobile Residential) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #141-83-2 A to MP Timothy W. Willoughby

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

Mr. Greif, Planning Department, informed the Board that the reason the Planning Department was recommending denial was that the property was located on a dangerous curve.

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to MP (Planned Industrial).

Commr. Smoak voted "No".

PUBLIC HEARING #136-83-3 A to RP Ranjit S. Basi

No one present wished to discuss this case 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 denied the rezoning from A (Agriculture) to RP (Multiple Family Residential-Professional).

PUBLIC HEARING #145-83-3 A to CP Ruth A. Ray

Mr. Zeb Osborne, attorney representing Sumter Electric, informed the Board that his clients were purchasing the property from Mrs. Ray should the rezoning be approved.

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 CP (Planned Commercial).

VETERANS SERVICE/COUNTY EMPLOYEES

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of Mr. Glenn Timmons, Personnel Director, and Mr. Art Ragland, Veterans Service Officer, and approved a merit increase for Brenda Jackson, Veterans Service.

AMBULANCE-HOSPITALS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the contract with Waterman Medical Center, Inc. for the ambulance services in the Northeast Ambulance District.

FIRE DISTRICTS-DEPARTMENTS

Mr. Ford, County Attorney, recommended the Board set up a workshop to discuss the proposed fire study in order to work out any problems the Board might have. The Board discussed the advantages of placing the structure tax question on the March ballot. It was the feeling of the Board to hear Mr. Stephany's, Director of Emergency Services, presentation on January 17, 1984, and then determine if a workshop is needed.

COMMITTEES

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board appointed Commr. Burhans to serve on the Emergency Food and Shelter National Program Board.

AUDITS/FIRE DISTRICTS-DEPARTMENTS/ACCOUNTS ALLOWED

Mr. Watkins, Clerk, addressed the Board in regards to the Fire Districts' audits being included in the County's budget. He recommended the Board indicate to May, Zima & Company that the Board concurs that the Fire Districts' audits should be a part of the County audit. He stated that the amount would be paid from funds within the County's budget and then collected from the Fire Districts their share of the cost for the audit. He recommended the Board approve to amend the contract with May, Zima & Company for an additional $3,000.00.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Mr. Watkins to amend the contract with May, Zima & Company for an additional $3,000.00 in that the Fire Districts' audits will be included in the County audit next year and authorized the funds to come from Contingency.

There being no further business to come before the Board, the meeting adjourned at 5:05 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

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