A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 11, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, December 11, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: James R. Carson, Jr.; Claude E. Smoak, Jr.; and Thomas J. Windram. Commr. Deems was not present for the meeting. Others present were: James C. Watkins, Clerk; Sanford Minkoff, County Attorney's Office; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director; and Toni M. Austin, 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 December 4, 1984, as corrected.

LICENSES AND PERMITS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the following Gun Permits and Bonds:

New Renewal

Carl E. Boyce Bradford E. Brown

Wayne V. Jordan

Leo A. Brault

Paul Howard Farrell

BONDS - CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds:

Cancellations

258 Thomas Grizzard d/b/a Beverly Shores, Inc.

1275 Electrical Contractor L & P

New

1148-85 Richard T. Denson dba Denson Tile & Carpet (Carpet & Tile)

1758-85 Charles A. Clifton, Jr. dba West Volusia Plumbing

(Plumbing)

3006-85 Franklin Grey Jagqers (Aluminum Erection)

3026-85 Tony Rush (Roofing)

3051-85 Charles R. Cunningham dba All Phase Electric

4197-85 Philip A. Berg (Electrical)

4198-85 William Kirtley dba Cool-Way, Inc. (Heating & Air Cond.)

4199-85 Eulee Shaw (Electrical)

4200-85 Richard D. Connell (Building)

4201-85 Michael A. Guy dba Guy's Roofing (Roofing)

4202-85 John J. Hoffman (Electrical1

4203-85 Thomas M. Richardson (Residential)

REPORTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending November 30, 1984, in the amount of $14,158.50.

COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized signatures on the Satisfaction of Judgment, Case No. 82-246-CJ, Christopher Ronald Apedaile, Juvenile, and Ronald D. Apedaile, Mary N. Apedaile, Parents, in the amount of $150.00.

ASSESSMENTS

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

carried unanimously, the Board approved and authorized signatures

on the following Satisfaction of Assessment Liens:

Hilltop Subdivision Unit II

Paul E. & 0. Catherine Haehl $493.50

Clair W. & Retha Shultz 608.80

Cecil A. & Olive I. McKinney 493.50

Robert B. Coughenour 493.50

D. H. Metzger 493.50

Paul E. & 0. Catherine Haehl 493.50

John D. & Bonnie J. Rawlings 493.50

Lloyd & Bonnie Walls 526.40

Helen M. Michaels 526.40

Joseph & Nacma F. Hirt 526.40

Gwendolyn C. Cashion 526.40

Herbert B. & Lois E. Coon 526.40

Joseph Pasco Odom 735.64

Lester & Violet Boylan 493.50

Ralph Lee & Mary Gertrude Collons 493.50

Donald L. & Geneva S. Edmisten 493.50

Frederick & Olive May Burke 493.50

Donald Edmisten 493.50

Virgil N. & Elizabeth N. Pierson 493.50

Luther C. & Edith R. Browning 493.50

Nick & Gladys Hayden 526.40

Donald F. & Adele E. Hartop 526.40

James C. & Verna Beth Bradford 526.40

Clair W. & Retha Shultz 131.60

Clair W. & Retha Shultz 152.20

BONDS/PROPERTY APPRAISER

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and authorized signatures on the Public Official Bond for Edward E. Havill, Property Appraiser.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Lake County Sheriff, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, for monies in the amount of $9.00 to pay the Lake County Area Vo-Tech Center for the attendance of Deputies Amedeo, Rick and Stewart to the "6- our Breathalyzer Refresher" course.

MUNICIPALITIES

Commr. Windram discussed with the Board the possibility of the County assisting in the restoration of the City Hall in Mascotte, subject to the availability of funding.

Mr. Watkins stated that he was concerned about the rule of taking tax fund money from one entity, that is raised at large, and spending those monies to benefit a particular portion of another taxing entity. He suggested that the County Attorney's Office review the possibility of County assistance before any decision was made.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/BIDS/HEALTH DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board awarded bid #032-770-084, reroofinq of the Lake County Health Department, to Eustis Roofing Company in the amount of $13,150.00, which was the best bid received.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to reimburse Marvin Schmidt $60.00 for the cost of the manual and examination to become a Certified Building Inspector.

DEEDS/RIGHT-OF-WAYS, ROADS, EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the following Right-of- way Deed:

1 .Drexel and Margaret Dudley - Eaglesnest Road #l- 6611

DEEDS/RIGHT-OF-WAYS, ROADS, EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the following Non- Exclusive Easements on Robbins Road:

1 . Frederick and Edith McGee

2 . Robert Morin

ACCOUNTS ALLOWED/ASSESSMENTS

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

carried unanimously, the Board approved the following payments:

1 . Full payment to Lake Contracting Company for SA-28,

Crest-Haven in the amount of $22,983.30.

2 . Full payment to Lake Contracting Company for SA-29,

Joanna Shores in the amount of $46,777.00.

RESOLUTIONS/ROADS-COUNTY AND STATE

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board accepted the following roads into the County Maintenance System:

1 . Crest-Haven Addition - Crest-Haven Road - #5-7658

2 . Crest-Haven Addition - Crest-Haven Court - #5-7658A

3 . Joanna Shores - Forest Road - #4-5573B

4 . Joanna Shores - Pinetree Road - #4-5573C

5 . Joanna Shores - Park Lane - #4-5573D

ASSESSMENTS

Kathy McDonald, Assistant to the Public Works Director, addressed the Board regarding a request from the residents in Astor Forest Campsites not to use the assessment method on one of the cul-de-sacs.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board waived the assessment method on the cul-de-sac and consented to the regular front footage being assessed as requested.

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request that the central water system in Silver Oaks Subdivision (Silver Sands), which was installed in 1982, be grandfathered in and not required to provide fire flows.

BONDS - MOBILE HOME

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

1 . David & Heidi Couch - Mt. Dora Area - District #4

2 . Don Kelly - Dona Vista Area - District #5

FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Sam Carroll, Dona Vista Volunteer Fire Department, appeared before the Board and requested annexation with the Bassville Fire Department. He stated that Dona Vista is not adequately equipped to provide service to the needed areas. He further stated that he would be meeting with the area residents on December 18, 1984, to discuss fire protection. Mr. Carroll stated that during the month of November, the Dona Vista Volunteer Fire Department raised $3,600.00. He stated that the only way people responded to the fire protection program was with the understanding that Bassville Fire Department would back them up should a fire occur.

Commr. Smoak stated that the County needs to investigate a change in the Ordinance structuring the existing fire districts, from a tax supportive standpoint, for an accanodation such as this voluntary request for cooperation. He stated that one of the things that has been done with Mr. Ludwig, Data Consultant Services, in trying to get the structures on the tax roll, is to say that there will be geographic boundary changes, and in those geographic boundary changes, that the funds generated from those changed boundaries will accrue to whatever fire company is going to be delivering the service. He further stated that the ballot decision has been made.

Sandy Minkoff, County Attorney's Office, stated that if the County abandons or changes the ad valorem process, it could be done that way, but with the ad valorem process in the Ordinance, it could not be done without a vote within the new area.

Discussion occurred regarding requesting the County Attorney's Office to devise the necessary changes to the Ordinance for these types of requests streamlining it to and devising it for the structure tax as opposed to the ad valorem tax.

Charlie Blymeyer, Bassville Fire Department, appeared before the Board to discuss the annexation.

Discussion occurred regarding accanplishment of this annex- ation problem in the interim period with an Interlocal Agreement.

Mr. Minkoff stated that, under the amendment that the Board made to the fire district ordinances, Bassville does have the ability to contract with Dona Vista to provide some services.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board directed the specific request of Mr. Carroll's be placed with the staff for consideration in deter-mining the procedures to make a decision in the request, and directed the legal staff to draft the necessary documents to implement the structure tax and to expand boundaries in the existing fire departments and report back to the Board of County Commissioners with those drafted documents as soon as possible.

SUBDIVISIONS/ZONING

Michael C. Willett, County Administrator, recanmended that the discussion on Valley Hill Farms (Heidrich property) be postponed until the first week of January because of problems that had been brought to his attention. Please see pages 429-430 for further discussion.

ANIMAL CONTROL/PETITIONS

Commr. Windram discussed a petition he received from the Association of Griffin Shores property owners regarding uncontrolled barking dogs.

Sandy Minkoff, County Attorney's Office, stated that unless

it was an issue that affected a large number of people, it was

considered a private nuisance matter which should be addressed through the courts by the people involved.

No action was taken on this matter.

ASSESSMENTS

The Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #35, Sorrento Shores Subdivision.

Mr. Willett, County Administrator, informed the Board that the low bid was from Lake Contracting Co. in the amount of $99,000.00, but the County Engineer and staff were recanmending the bid from Trac Roadbuilders, Inc. in the amount of $105,983.00. He stated that the low bid received from Lake Contracting Co. did not include pipe.

Mr. Larry Luck, grandson of Mr. E. Willard Luck, appeared before the Board and stated that his grandfather did not understand what he was signing when he signed the petition. Mr. Luck stated that it was his understanding that the road was only to be graded since the access road was clay. At this time Mr. Luck stated that his grandfather was objecting to the assessment.

Mrs. Inez Purdy stated that when the property was sold in that area, the problems with the roads became the problems of the homeowners.

Mrs. Dorene Poe appeared before the Board and discussed the problems with the roads. She stated that the roads cause a hardship for the school buses, including a handicapped school bus, and for herself because she is a nurse. Mrs. Poe stated she was in favor of the assessment.

Mr. James Houston appeared before the Board and discussed his assessment. He stated that it was his understanding that he would be assessed for a corner lot, and he was objecting to the amount of his assessment.

Mrs. Nancy Phelps appeared before the Board and stated that she is for the upgrading of the roads. Mrs. Phelps stated that when the weather was bad you either got stuck in mud or sand, and her husband has tried to upgrade the road himself with his tractor.

Discussion occurred regarding the utilization of the road by other homeowners and the difficulty for amublance and fire services within that area.

Mr. Robert Vason, Attorney representing Jerry Ellis, who is the principal for Southland Gardens, Inc., appeared before the Board to discuss the assessment. He stated that Mr. Ellis' property is agricultural and he does not utilize the road or have any use for it, yet he has been assessed for 22% of the costs.

Discussion occurred regarding the means that had been used to obtain the requirement of 55% of the property owners and the possibility of including additional homeowners who actually utilize the road.

Discussion occurred regarding the petition requesting an additional one dollar per assessed footage. Mrs. Purdy stated that she only contacted the homeowners that had not been assessed for a contribution which was less than $200. She did not feel that the people who had been assessed should have to pay more money.

Kathy McDonald, Assistant to the Public Works Director, clarified for the record that Mr. Houston did not sign the petition, S & K Realty signed.

Commr. Smoak recanmended that the Board instruct the staff to look at a project which would include Ebersole Road, which is now a county maintained road, and all of the roads in that subdivision, and try to devise an equitable formula for the residents and property owners knowing that the County will assume a larger percentage of the total cost of the program in excess of the devised formula, and for a recommendation to be made to the Board.

Mr. Luck stated that his grandfather would agree to the assessment if it was considered as a whole project including Ebersole Road.

Commr. Smoak made a motion which was seconded by Commr. Windram to deny the assessment roll for Sorrento Shores Subdivision.

Discussion occurred regarding consideration of the overall project and postponing this public hearing.

Commr. Windram withdrew his second to the motion.

After consultation with Mr. Ellis, Mr. Vason reported to the Board that Mr. Ellis suggested totaling the assessment and dividing the cost among all of the property owners. He further stated that Mr. Ellis would be willing to contribute $3,000.00 to the project.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board postponed the public hearing on Special Assessment #35, Sorrento Shores Subdivision, until January 15, 1985, with no action being taken on the petition as presented today, and in the interim period that the recommendation of the staff be transmitted to Mrs. Purdy, Mrs. Poe, and others involved with the project, and a formal recommendation be heard that day including County participation, at what percentage for the overall project, and specifically the project within the unmaintained roads in the subdivision and to include Ebersole Road even if the County has to file a maintenance map with the courts to get the right-of-way that the County does not have.

Commr. Windram was not present for the vote.

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

carried, the Board instructed the County Attorney to research the

possibility of the County collecting funds from Mr. Kalmanson and

making every effort to do so.

Commr. Windram was not present for the vote.

AMBULANCES-HOSPITAL DISTRICTS

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and stated that he had been notified several months ago by Mr. Robert Moore, Director of the Leesburg Regional Medical Center, of a problem with the operations of the communications console, and as of today, the problem has not been eliminated.

Mr. Moore appeared before the Board and stated that Sumter County has gone to Advanced Life Support (ALS) as of October 1, 1984, which requires direct physician contact to get medical orders for the paramedic for certain procedures that are allowed. He stated that there were several problems, such as the Sumter County ambulances are not equipped to use all of the frequencies which have been allocated to Lake County by the State Division of Communications. This limits us with regard to frequency allocation when they call requesting to talk with a receiving emergency room. The only frequencies which are available to Sumter County ambulances are also utilized by South Lake Memorial Hospital Ambulance Service for their emergency canmunications. Therefore, if Lake County MedCom in Leesburg allocates a frequency to a Sumter County ambulance, that ambulance's radio traffic will directly interfere with South Lake. This has become an increasing problem and one which South Lake has requested MedCom to address by implementation of a more restrictive policy with regard to Sumter County's use of these frequencies. Mr. Moore stated that recommendations have been made to Sumter County to update their system, but that funds are a problem.

Discussion occurred regarding Mr. Moore appearing before the Health Care Cost Committee with a presentation for a better utilization of the communcations system in Lake County.

Mr. Joe Lyons, Administrator of Lake Community Hospital, also representing the Central Florida Ambulance Services, appeared before the Board to clarify some of the prior statements. He stated that the Lake County Board of County Commissioners do have some responsibility as far as the limitation of ambulance calls received from Sumter County. He further stated that this was a unique situation since Sumter County does not have any medical facilities and is presently trying to upgrade their system. Mr. Lyons stated that the technical problem that is happening is the walking over South Lake Memorial Hospital because of the inaccuracy of hardware in Lake County. At this time Mr. Lyons discussed the policies presented and suggested that the technical problems be defined by experts. He stated that if there are additional new policies for limitiation of access to Lake County, he would like to receive and review them in advance so that they can be discussed with technical experts at the State and County level. He suggested to the Board that the problem was a technical problem with Lake County hardware, and that he has made suggestions which have been considered cost prohibited does Bill

Mr. Strickland discussed the equipment and stated that it have limited capabilities to the console. He stated that Compton, South Lake Memorial Hospital, is constructing a proposal and will be addressing all related problems.

RECESS AND REASSEMBLY

At 11:45 a.m. the Board adjourned for lunch and returned at 2:00 p.m. for Rezoning.

REZONING

Mr. Jerry Sexton, Director of Development, informed the Board of the cases that have been postponed.

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 postponed the following cases until January 8, 1985, at 2:00 p.m., or as soon thereafter as possible:

CUP #930-l - Edgar L. McNeil

#174-84-l - Milo Jackson

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and postponed the following case until February 12, 1985, at 2:00 p.m., or as soon thereafter as possible:

#175-84-3 - Duracrete Concrete

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

#157-84-2 - James P. Gills

Public Hearinq CUP #949-5 CUP in RR World of God

Mr. Dave Burns, adjacent property owner, appeared before the Board to discuss this rezoning case and requested clarification of the conditions of selling the property. He stated for the record his objection to the World of God using the property as a youth camp. He further stated that it would be detrimental to the value of his property.

Mr. Sexton stated that there is no current CUP for any type of camp at this site.

Mr. Bob Hock, Pastor of the St. Johns Lutheran Church of Winter Park, appeared before the Board and stated that the application for a CUP by the World of God was placed in the condition of sale of the property to the St. Johns Lutheran Church, and which will be used as a small group retreat center.

On a motion by Commr. Windram, seconded by Ccmmr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the CUP in RR (Rural Residential) for a church-related camp as amended.

Public Hearing CUP #724-4 Revocation of CUP #724-4 in A -Alice E. Orr

No one present wished 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 and Zoning Commission and approved the Revocation of CUP #724-4 in A (Agriculture) for use of sewing, crafts and wood cutting for surveyor stakes.

Public Hearing #162-84-4 C-l to CP James Dart & Richard

Gerth

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

On a motion by Commr. Smoak seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for a financial institution.

Public Hearing #166-84-4 A to RR Jodi Harrington & Robert

Murdock

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

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

Public Hearing #159-84-4 A to RR- Lois J. Sessions

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to RR (Rural Residential)..Public Hearing #167-84-4 A to AR Quin Laube No one present wished to discuss this request with the Board.

Public Hearing CUP #947-4 CUP in A James Tyre III

No one present wished to discuss this request with the

Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the CUP in A (Agriculture) for clay extraction from an abandoned clay pit.

Public Hearing #169-84-4 A to R-l-7 Arthur & Eva Porter

Mr. Mike Croak, Attorney representing Mr. Porter, appeared before the Board to discuss this request. He stated that Mr. Porter originally applied for an R-l-7 zoning because he is interested in l/2 acre lots and constructing 1200 square foot homes. Mr. Croak stated that an ER zoning would require 1800 square foot homes. He stated that if the R-l-7 zoning was approved, they would commit themselves to using wells and septic tanks on l/2 acre lots and satisfy the concern of density, but have the ability to build smaller homes.

Mr. Jerry Sexton, Director of Development, stated that the staff recommended RR zoning for this area as much of the surrounding land use and zoning has been developed RR.

Mr. Sexton informed the Board that he had planned on a brief presentation in January regarding house sizes.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board postponed the request until March 12, 1985, at 2:00 p.m. or as soon thereafter as possible.

Mr. Brown appeared before the Board and stated that he had no objections to Mr. Porter's request, but that he would like the same consideration should Mr. Porter's request be approved. Public Hearing CUP #946-4 CUP in RR James & Virginia Bartlett Mr. T. A. Muller, Chairman of the Trinity Evangelical Free Church Land Development Committee, and representing the church and the landowners, appeared before the Board to request two revisions to the CUP.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Mr. Muller and amended the CUP Terms as Written, I. Phase I, 1., to include "and/or a parsonage".

On a motion by Ccmmr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Mr. Muller and amended the CUP Terms as Written, III. Overall Development Conditions, E., to read "shall construct one (1) entrance and one (1) exit to the site".

On a motion by Commr. Windram, seconded by Ccmmr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved a CUP in RR (Rural Residential) for a church and related uses as amended.

Public Hearing #163-84-4 R-l-7 to C-2 Colin English, Jr.

Mr. Jerry Sexton, Director of Development, informed the

Board of a letter received from the petitioner requesting postponement.

Mr. Mike Croak, Attorney representing the petitioner, addressed the Board regarding the request for postponement stating that Chevrolet and General Motors have already given their preliminary approval for the site; however, a protest has been filed by another dealer stating that they are within its territory.

On a motion by Commr. Windram, seconded by Ccmmr. Smoak and carried, the Board approved the request to postpone this case until January 8, 1985, at 2:00 p.m. or as soon thereafter as possible.

Commr. Carson was not present for the vote.

Public Hearing #164-84-5 R-l-7 to C-l Beulah Wilson

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

On a motion by Ccmmr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial) or CP (Planned Commercial) for a bank and cluster of retail stores.

Public Hearing CUP #692-l Revocation of CUP #692-l Thurman D. Kitchin

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the revocation of Cue #692-l for small weapons testing range.

Public Hearing #168-84-l RP to R-l-5 Clarence Thornton

Mr. Jerry Sexton, Director of Development, informed the Board that the Development Staff recommended denial of the request, but the Planning Commission recommended approval.

Mr. Thornton, petitioner, appeared before the Board and requested clarification of the rezoning.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from RP (Multiple-Family Residential-Professional) to R-l-5 (Residential Estates).

Public Hearing #160-84-2 A to RR Carl J. Stout, Jr.

No one present wished 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 and Zoning Commission and approved the rezoning from A (Agriculture) to RR (Rural Residential).

Public Hearing CUP #789-3 Revocation of CUP #789-3 in A -Steven M. Cook

On one present wished 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 and Zoning Commission and approved the revocation of CUP #789-3 in A (Agriculture) for peat removal.

Public Hearing CUP #945-3 CUP in C-l John C. & Claire

McGibbon

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in C-l (Rural or Tourist Commercial) for a mobile home as a caretakers residence.

Public Hearing #170-84-2 A to R-l-15 Josefa DeJuan

Mr. Ben Blackburn appeared before the Board and stated that he had received a phone call from Mr. DeJuan requesting a postponement because he was ill.

Discussion occurred regarding the reasons for the request for postponement.

Commr. Smoak stated that he would concur to the postponement; however, requesting that the public be allowed to speak to this issue and their comments be made part of the record, and those comments be brought back to the Board when the request is heard.

Lois M. Stacks, also representing Rita Bass, appeared before the Board and stated that they own 10 acres bordering the pasture. She discussed the traffic involving tractors, trailers and citrus vehicles and stated that she objects to such small lots near the road.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the postponement, at the request of Mr. DeJuan, until January 8, 1985, at 2:00 p.m., or as soon thereafter as possible.

Public Hearing #171-84-2 A to AR Gordon, Kathy & Evelyn

Holmes

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

Public Hearing #161-84-2 A to R-1-10 James G. & Louise

Beach

At this time the Board clarified for the records the recommendation and approval made by the Planning and Zoning Commission as RR (Rural Residential).

Mr. Ben Blackburn appeared before the Board to discuss the reasons for applying for the R-1-10 zoning.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the rezoning from A (Agriculture) to RR (Rural Residential)..Public Hearing #165-84-3 A to R-1-5 Randel & Thedis Simmons No one present wished to discuss this request with the Board.

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

RESOLUTIONS/ZONING

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board adopted and authorized signatures on the Resolution amending the Lake Use Plan Element of the Comprehensive Plan, S.R. 19/U.S. 27 Urban Compact Node.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D).

CONTRACTS, LEASES, AND AGREEMENTS/ZONING/SUBDIVISIONS

Mr. Steve Vaughn appeared before the Board to discuss the denial by the Subdivision Advisory Committee and the Planning and Zoning Commission for curb cuts on SR 44 for 16 lots (8 common driveways). At this time Mr. Vaughn explained what the project involved as far as acreage and lots, and discussed the request and Agreement presented to the Board regarding the County granting approval of a maximum number of eight (8) private residential driveway entrances to State Road 44 and a maximum of four (4) subdivision main entrance roads to State Road 44.

Mr. Sandy Minkoff, County Attorney's Office, stated that the Board does not have the ability to enter into such an Agreement at this time. ne stated that the subdivision regulations are devised so that the Board only receives a subdivision plat after it meets with the approval of Planning and Zoning. He further stated that Planning and Zoning has only seen Phase I of this plan, and has twice turned down the six lots turning onto State Road 44, and has given preliminary approval to the plat requiring those lots to be turned around.

Mr. Jerry Sexton, Director of Development, discussed the subdivision regulations stating that they do not address density.

Mr. Minkoff stated that the Comprehensive Plan calls for the minimizing of any entrances on any highways.

Mr. Vaughn stated that what he has presented to the Board for review today has not been seen by the Planning and Zoning Commission.

Mr. Minkoff discussed several points that the Planning and Zoning Commission brought about concerning the lot sizes, the houses facing State Road 44, and a similar type development in Ocala.

Commr. Smoak made a motion which was seconded by Commr. Windram for the Board of County Commissioners to communicate with the Planning and Zoning Commission their lack of objection to an easement across the backside, which would be the north side of the lots as presented in the plat which front on State Road 44; the Board has no objection to an easement and private access of no more than three lots per each of the north side of the access road fronting on State Road 44; and that the staff has indicated that they have no objections. The motion was to include not to exceed 200 feet Mr. Planning per platted lot.

Minkoff stated some concerns that might be raised by the and Zoning Commission.

At this time the Chairman called for the question on the previous motion which was carried unanimously.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:22 p.m.

Glenn C. Burhans, Chairman

James C. Watkins

TMA/12-14-84