A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 8, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, October 8, 1985, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.: C. A. "Lex" Deems; and Thomas J. Windram. Commr. Smoak was not present for the meeting. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Katherine McDonald, Assistant to the 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. Deems and carried unanimously, the Board approved the Minutes of October 1, 1985, as corrected.

REPORTS

Mr. Steve Bohl, Lake County Forester, appeared before the Board to answer questions concerning the Annual Report on the Lake County Forestry Project.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the Annual Report from the Florida Division o f Forestry as presented by Mr. Bohl.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the renewal of the mobile home bond for William B. Waters, Astor Area, District #5.

APPOINTMENTS-RESIGNATIONS/CODE VIOLATIONS/COMMITTEES

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request to reappoint Robert B. Glass and William T. Dalton, III. to the Code Enforcement Board.

SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for preliminary approval of construction plans for Bennett Subdivision.

BONDS/SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to release the two year maintenance bond in the amount of $18,000.00 for Shenandoah Mobile Home Subdivision.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously the Board approved the request to purchase a MITZ 213RE copier in the amount of $3,495.00 from Cal Hegstrom Company for the Building Department.

CONTRACTS, LEASES & AGREEMENTS/HEALTH DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the contract for services of the County Public Health Unit for 1985-86 in the amount of $335,500.00.

ACCOUNTS ALLOWED/ANIMAL SHELTER

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for three Animal Control employees to attend the Animal Control Seminar (a 100 hour course) at Vo-Tech in Eustis at a total registration cost of $72.00.

ACCOUNTS ALLOWED/ANIMAL SHELTER

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase a radio and antenna for the 1985 Dodge Ram (Property #8676) to be used by Animal Control at an estimated cost of $1,060.00.

ACCOUNTS ALLOWED/FAIRGROUNDS

Discussion occurred regarding the request to purchase a 1986 40 HP tractor with a grass cutter, blade and front end loader at an estimated cost of $17,000.00 to be used by the Fairgrounds. Mr. Michael C. Willett, County Administrator, informed the Board that the County would have to advertise for bids. Mr. Lonnie Strickland, Director of Health and General Services, informed the Board that the State contract would be available December 1, 1985.

Commr. Deems requested Mr. Strickland to contact the Purchasing Department and check to see how property has been purchased recently.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for Rod Martin to attend a seminar on the Fair Labor Standards Act on October 21, 1985, in Orlando at an estimated cost of $150.00.

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

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

a . Pine Avenue #4-4480

Clara Mae/J. B. Johnson

b. Birr Park Subdivision

Harry J./Peggy M. Smith

David B./Linda F. West

Charles, Jr./Julia Williamson

Property & Development, Inc.

George A./Ruth A. Pawliczak

Shirley M. Cobb, aka Shirley M. Terry

Donald A./Mary A. Temple

Wm. F./Margaret Christensen

David H. Nelson

John/Mary M. Aldrich

Eazer A./.Julia W. Cercy

Raymond W./Constance I. Lash

Clyde C./Violette L. Headley

Raymond L./Mary E. Simmons

James W./Ann Anderson

Charles Ekstrom

Juan/Estela Rivas

Bobby, Sr./Carol A. Cochran

James P./ Shirley Holm

Joseph W./Gertrude A. Gebhart

Thomas W./Sara S. Brown James R./Diane R. Garton

Jack S./Marjorie S. Helton

Robert J./Frances Wesley

DEEDS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the following Quit Claim Deed:.Roper McAllister, Inc. -- Anderson Hill Road #3-1146

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase blinds for the new office located at the Leesburg Shop at an

estimated cost of $307.22.

DEEDS/ROADS-COUNTY AND STATE

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to release the following road reservations from the Department of Transportation for the following Murphy Act Deeds:

#2764 Release all reservations Sorrento

#2473 Release all reservations Mt. Plymouth

APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL

Mrs. Robbie Baird, Director of the Lake County Private Industry Council, appeared before the Board to discuss the appointment and/or reappointment of nine members of the Private Industry Council. At this time she made recommendations to the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously the Board approved the following reappointments and appointments to the Private Industry Council for two year terms as recommended by Mrs. Baird, Director of the Lake County Private Industry Council:

Reappointments

Joseph Holmes, Sr. Sun Bank, N.A.

Gena Swartz Sun Cycle

John Smith Lake Plumbing

Robert Froeman Health and Rehabilitative Services

Janice Richardson Job Service of Florida, Leesburg

James Lowe Lake Community Action Agency

Appointments

A. Wayne Johns Coca-Cola Foods

Mike Conley NCNB Bank

Linda Every Bob's Air Conditioning

Alternates

John McCoy Lakes of Leesburg

Denise Immersi Immersi Marriage & Family Counselors

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request to extend the contract with Professional Engineering on the closure plan for the Loghouse Landfill, as recommended by Mr. Willett, County Administrator.

BONDS - CONTRACTOR

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

New

74-86 Robert Fedor d/b/a Fedor Builders (General Building)

248-86 Buford Creech d/b/a Creech Plumbing & Electric

(Plumbing & Electrical)

260-86 Charles E. Shoop, Sr. (Cabinet)

473-86 Guy J. Love, Jr. (Painting)

1183-86 David L . Delancett (Mobile Home Contractor)

1201-86 David Sopotnick d/b/a D. S. Electric (Electrical)

1241-86 Butler Aluminum Products (Residential Contractor)

1337-86 Andrew T. Steel (Electrician)

1653-86 Ray E. Fortin (Handyman-Code 410)

1744-86 Donald Wilcox (General Contractor)

1783-86 Jim Turner Plumbing (Plumbing)

1805-86 Robert Camption d/b/a Robert's Electric (Electrical)

1832-86 Kenneth L. Carnes (Drywall)

1856-86 Thomas G. Mansbridge (Air Conditioning)

1871-86 Donald L. Beal (General Residential Contractor)

1890-86 Louis Lacey (Roofing)

4032-86 Gregory C. McCoy (Residential Building)

4053-86 Everett J. Cleversey, Jr. (General)

4078-86 William R. Vitter (General Contractor)

4083-86 Ronald S. Lazo (Electrical Contractor)

4084-86 Billy L. Parker (Building)

4088-86 Geoffrey K. Wainscott (Residential)

4157-86 Raymond Les Anderson d/b/a Air Handling, Inc.

(Air Conditioning & Heating)

4165-86 Michael S. Brannon (Class C Residential Building)

4195-86 Robert E. Humphrey C/O Simplex, Inc. (Glass)

4220-86 c. L. Martin Roofing (Roofing)

4300-86 Varney's Enterprises, Inc. (Residential)

4303-86 James Hyde (Electrical Contractor)

Cancellations

1146 Rolland J. Atley d/b/a Atley Electric

1184 William A. Vinton

1251 Arthur D. Yerkes

1680 Dick Vought

1929 Donald Wilcox and Stephen G. Wilcox d/b/a Wilcox

Construction

4054 Thomas J. Walsh d/b/a Classic Enterprises, Inc.

4200 Richard D. Cornell

4263 Gary Swendsen d/b/a Swendsen Electric

BUDGETS/PROPERTY APPRAISER

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Budget.Transfer/Amendment of Ed Havill, Property Appraiser, received from the Department of Revenue for the year beginning October 1, 1985, through September 30, 1986.

BUDGETS/TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Tax Collector's Summary of the 1985-86 Budget by Appropriation Category received from the Department of Revenue.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending September 30, 1985, in the amount of $24,529.41.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the resignation of Ella B. Conner, effective September 30, 1985, as Fire Commissioner for the Paisley Fire District and directed a letter of appreciation.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the 1985-86 State-County contracts for the Medical Examiners state funds.

COUNTY PROPERTY/PURCHASING

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request to transfer the IBM System 6 Information Processor to surplus property, as requested by Mr. Watkins, Clerk.

COURTHOUSE

Commr. Windram discussed the possibility of having the fish ponds around the Old Courthouse filled and landscaped.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to have the fish ponds around the Old Courthouse filled and landscaped as discussed.

CLERK/COMMISSIONERS/RESOLUTIONS

Commr. Carson, in behalf of the State Association of County

Commissioners, presented Mr. Watkins, Clerk, with a resolution adopted by the Board of the State Association and membership, recognizing his achievements as Clerk of the Circuit Court.

COMMUNICATIONS

Mr. Watkins, Clerk, read a letter addressed to the Board from Mrs. Nadine D. Foley stating her appreciation for the receipt of a resolution from the Board in behalf of her 4-H volunteer work.

COMMITTEES/COUNTY BUILDINGS AND GROUNDS

Mr. Watkins, Clerk, addressed the Board regarding the Lake County Historical Society and its concern for the future. He stated that the Society has expressed an interest in office space within the County complex, basically the Old Courthouse. He stated that the Society was informed that there was no available space at this time.Mr. Watkins stated that the Lake County Historical Board expressed a willingness to have the property where it is presently located appraised and put on the market. At this time he stated that the Historical Board was requesting the Board to consider possible sites for the location of the Historical Society. He recommended that the request be referred to the Building Committee.

Discussion occurred regarding the Centennial Celebration for Lake County in the year 1987. Mr. Watkins stated that he and Representative Kelly have been appointed by the Historical Board to co-chair a Centennial Committee. He discussed procedures that would be used to obtain the Cities' and Chamber of Commerces' input for the event.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously the Board referred the request of the Lake County Historical Society to relocate to the Building Committee.

ZONING

Mr. David Clapsaddle, Planning Department, appeared before the Board to discuss the draft of a development order for the Countryside PUD - Development of Regional Impact. Mr. Clapsaddle informed the Board of several changes that had been made regarding page 6, 2.A. and page 7, B 1-4. He stated that those two sections had been deleted and new wording had been placed in the PUD. He further stated that the applicant will be conveying a one acre site and $25,000.00 for fire protection needs.

Mr. Steve Richey, attorney representing the developer, was present to discuss the agreement 'between the County and Robert Stetler.

Mr. Clapsaddle presented the Board with the East Central Florida Regional Planning Council's recommendations relative to the proposed Countryside development.

Discussion occurred regarding the provision for a fire truck and the Class Five rating.

Mr. Richey stated that the developer could accept the idea of providing the land and the $25,000.00 in Phase I, and when Phase II is started, providing fire equipment and a truck to serve the needs of the development.

Mr. Richey discussed having an option placed in the agreement concerning the purchasing of fire protection equipment or cash equivalent to the equipment needed.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the Countryside PUD Development of Regional Impact, subject to the rewording being approved by the Planning Department, the County Attorney and the developer's attorney. Included in the motion was the understanding that the reworded PUD would be brought back to the Chairman for signatures once it was reviewed.

RECESS & REASSEMBLY

At lo:20 a.m. the Board recessed until 11:00 a.m.

ORDINANCES/HEALTH DEPARTMENT/RESOLUTIONS

At 11:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on a proposed ordinance to repeal Ordinance 1978-3, Re: Licensing of Day Care Centers in Lake County. It was noted that the proper proof of publication was on hand as it appeared in the September 20, 1985, and October 1, 1985, editions of the Sentinel Star, Lake Little Sentinel.

Dr. June Atkinson, Director of the Lake County Health Unit, appeared before the Board and stated that the County Ordinance 1978-3 is not valid because the State regulations supercede it. She stated that the County has the option of either rescinding the County Ordinance or creating a new County Ordinance. Dr. Atkinson stated that the main issue was whether or not the Board wishes to remain the licensing and enforcement agent for day care centers in Lake County.

Discussion occurred regarding the requiring of State and County licensing should the educational section of the County Ordinance be more stringent. Dr. Atkinson stated that the local Public Health Unit is presently enforcing the entire County Ordinance. She stated that the Health and Rehabilitative Services has only been involved with the Title XX monitoring of day care because of Federal funding. She further stated that should the County Ordinance be rescinded, the State would not have the personnel to peform regular routine inspections of day care centers.

Mr. Chris Ford, County Attorney, clarified that the County may have a stricter ordinance with the County assuming all responsibilities. He stated that the County could adopt the State laws in ordinance form with a stricter educational clause, with the County assuming all responsibilities. He informed the Board that HRS has indicated that they would not contract with the County to perform the services.

Ms. Robin Heckler, Coordinator o f the Day Care inspections, and Mr. Russ Melling, Director of HRS, were present to answer any questions that the Board might have regarding the County Ordinance.

Mr. Melling appeared before the Board and stated his concerns with the State frequently changing their rules and regulations.

Mr. Ford, County Attorney, stated that the Board could consider a short bill to be placed in the State law by the local legislature for a more advanced educational level.

Discussion occurred regarding child abuse cases within the County and how time consuming the investigations are for all agencies involved. Another area o f concern was the cost involved to perform such investigations and the need for expertise in such situations.

ORDINANCES/ZONING

At 11:30 a.m. the Chairman announced that the public hearing

on an ordinance on Setbacks would be postponed until 11:45 a.m.

ORDINANCES/HEALTH DEPARTMENT/RESOLUTIONS (CONT.)

Ms. Roanne Moreno, Executive Director of Childhood

Development Services, appeared before the Board to discuss licensing of day care center, monitoring day care centers, and enforcing the licensing. She discussed the investigation that would be performed for child abuse cases.

Dr. Atkinson stated that it was understood that HRS has a specialized team that would perform the investigation on the child abuse cases, but the County would still be the licensing agent that would revoke the license.

Dr. Mary Anderson, Pediatrician, appeared before the Board to discuss her concern with the educational requirements for day care centers. She stated that her patients were presenting concerns regarding having someone local overseeing the operation of the day care centers. She further stated that it was the feeling of her patients that this type of performance and the educational requirements by the County were worth extra funding.

Mrs. Georgia Phillips, Vice-Chairman of the Lake County School Board and liaison of the Vocational Educational School Board, appeared before the Board and presented a Resolution adopted by the Lake County School Board reccmmending that the County re-adopt or retain the current educational requirements in Ordinance 1978-3 for Day Care Center operators as well as add the new Legislative mandate for twenty (20) hours of training for all workers in Day Care Centers in Lake County.

Mr. Ford, County Attorney, suggested that the Board postpone any action on the Ordinance for one week until one commissioner could meet with the legal staff, Mr. Willett, Dr. Atkinson, and someone from HRS for additional information to be reported back to the Board by the commissioner next week. He further stated that perhaps Senator Langley and Representative Kelly could be contacted to discuss the feasibility of getting the educational requirements placed into the State law.

Mr. Willett suggested that someone discuss the entire matter with HRS and that Mr. Strickland and Dr. Atkinson work out the costs and the funding should the County take over the licensing.

Mr. Lonnie Strickland, Director of Health and General Services, suggested that the opinion of the proprietors of day care centers be considered.

Mr. Tom Winters, Lake County Vocational-Technical Center, appeared before the Board and recommended, on behalf of the Center, that the educational requirements should be left in the Ordinance, and that they are prepared to do their share in the development process of the Ordinance, but request that the present Ordinance remain active until such development.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the postponement of the proposed Ordinance to Repeal Ordinance 1378-3 until November 5, 1985, at 11:10 a.m., and that a committee be appointed by the Chairman.

ORDINANCES/ZONING

Commr. Burhans stated that the time had arrived to discuss the proposed ordinance on Setbacks.

Mr. Michael C. Willett, County Administrator, recommended that the Ordinance on Setbacks be denied, so that the staff can reconsider the problem areas that the Board has indicated along with other problems of the staff.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously the Board denied the proposed Ordinance on Setbacks, as requested by Mr. Willett, County Administrator.

COUNTY PROPERTY

Mr. Steve Richey, Attorney, appeared before the Board to request advertisement on the proposed land swap of the property near the airport in Leesburg and the Umatilla Landfill area with the County Attorney preparing the ads..On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for advertisement of the proposed land swap between the County and C. W. Sheppard.

RECESS & REASSEMBLY

The Board recessed at 12:OO noon for lunch and reconvened at 2:00 p.m. for rezoning.

ZONING

On a motion by Commr. Carson seconded by Commr. Deems and carried unanimously, the Board approved the postponement of the following cases until November 12, 1985, at 2:00 p.m. or as soon thereafter as possible:

PETITION PETITIONER

# 96-85-5 Milton & A. A. McMillon

27-85-1 Paul Resop

#1 21-85-3 Miami-Orlando Prop.

#150-85-5 Jeff & Karen Allen

#147-85-l David E. Cauthen

#139-85-2 Wesley Yeko

PETITION #82-85-3 CP & R-l-7 to A Beatrice Ettinger

Mr. Jerry Sexton, Director of Development, informed the Board that he received a telephone call from Mr. Ben Harmon, who is in the process of discussing the purchasing of Mr. Bob Wade's 60 feet of road frontage in order for him to remove the berm. He stated that Mr. Wade informed Mr. Harmon that he would be in touch with him within a week or two. At this time Mr. Sexton requested that this case be postponed.

Mr. Tom Dougherty, attorney representing Mr. Ettinger, appeared before the Board and requested some indication from the Board as to the rezoning, should the agreement for the purchase between Mr. Wade and Mr. Harmon not take place. He stated that there is an agreement between Mr. Ettinger and Mr. Harmon for the ridge to be removed. Mr. Dougherty stated that there would still be a problem in that Mr. Harmon's CUP would have to come back before the Board with a request to excavate up to the lot line. Mr. Dougherty wanted to know what was going to happen if they ended up with only two parcels 660 feet, should they not be able to get Mr. Wade's berm down.

Mr. Sexton stated that the Harmon CUP would have to be brought up for revocation if the problem with the berm could not be resolved. He stated that the staff recommended that this permit be denied should Mr. Wade's berm problem not be resolved, because of the Board's feeling of a need for a leveled area.

Mr. Dougherty informed the Board that Mr. Wade has indicated that he wants to be paid for his clay and have the excavated portion of his property paved, curbed, and guttered.

Mr. Ford, County Attorney, discussed an alternate requirement in the CUP, as long as both parties agree, to excavate to the property line.

Mr. Buddy Oswalt, property owner, addressed the Board stating that he agreed with the berm situation being leveled. He stated that he indicated to Mr. Dougherty that he has no problem with signing a cross-agreement whereby, in the event that he should want to excavate his property, that the berm would be removed. He stated that he felt this would enhance the value of all of the property.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from CP (Planned Commercial) and R-l-7 (Urban Residential) to A (Agriculture).

PETITION CUP #982-3 CUP in A Beatrice Ettinger

Mr. Jerry Sexton, Director of Development discussed with the

Board the removal of the SO foot setback on the west side of the CUP to go to the property line, and that the Harmon CUP would have to be advertised.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously the Board upheld the recommendation of the Planning and Zoning Commission and approved as amended the request for a CUP (Conditional Use Permit) in A (Agriculture) for sand and clay extraction to road level. Included in the motion was agreement for Mr. Harmon's CUP to be brought back before the Board for reconsideration and a bond for restoration to be posted with this proprty , to be determined by a certified engineer on cost of restoration

PETITION #111-85-5 RA to R M John F. Atkinson

Mrs. Wanda Felkins (Atkinson) appeared before the Board to object to the approval of RR zoning. She requested that an ER zoning be granted to better utilize the property.

Commr. Deems made a motion which was seconded by Commr. Carson to uphold the reccmmendation of the Planning and Zoning Commission and approve the request for rezoning from RA (Ranchette) to RR (Rural Residential).

Mr. Robert B. Heimer appeared before the Board representing himself and his neighbors. He stated that they are in favor of the RR zoning, but not anything smaller.

The Chairman called for the question and the motion was approved unanimously.

PETITION #130-85-l RR to RP Max E. Truitt

Mr. Steve Richey, attorney representing the petitioner, appeared before the Board to request that the Board overturn the decision of denial recommended by the Planning and Zoning Commision. He stated that the surrounding areas have set a precedent with RP zoning. He discussed litigation involving $30,000.00 that has been obligated to the contractor for the construction of the additional residential unit.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Canmission and approved the rezoning from RR (Rural Residential) to RP (Residential Professional).

PETITION #124-85-3 A to RE or RR Highland Growth Properties

Inc

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to RE (Rural Estates).

PETITION #136-85-4 R-l-7 to CP or C-l Joseph M. Hussey, Jr.

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 to CP (Planned Commercial) for a Bait & Tackle/Nursery Retail Plant Sales.

PETITION CUP #732-4 Revocation Development Staff

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the revocation of CUP #732-4 for a hog farm.

PETITION #144-85-4 R-l-7 to R-l-5 or RM Dolores A. Garcia

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

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

PETITION #138-85-4 A to RR John & 0. H. Roberts.

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

PETITION #140-85-5 A to C-2 Thelma Mellon

Mr. Frank England, Dona Vista, appeared before the Board to request a clarification of the C-2 zoning.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) t o C-2 (Community Commercial Dist.).

PETITION #132-85-l R-l-7 to R-l-5 or RM L. R. Busk

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board upheld the recanmendation of the Planning and Zoning Commission and denied the request for rezoning from R-1-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential) or RM (Mobile Home Residential Dist.)

Commr. Windram was not present for the vote.

PETITION #141-85-l R-l-7 to R-l-5 Robert & Ruth Smith

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

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

PETITION #148-85-l C-2 & R-l-7 to CP or RP John F. Chiulli

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) & R-l-7 (Urban Residential) to CP (Planned Commercial) for the operation of a Federal Credit Union.

PETITION #145-85-5 A to AR Arnold T. Jackson

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

PETITION #149-85-l C-2 and RR to C-2 and RM Leesburg

Investments , Inc.

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

On a motion by Commr. Carson, seconded by Commr. Windram 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 Dist.) and RR (Rural Residential) to C-2 (Community Commercial) and RM (Mobile Home Residential).

PETITION #142-85-2 A to RR Paul Conner & William and Edna

Vansant

Mr. Steve Sewel 1, attorney representing Mr. & Mrs. Marion Pierson, appeared before the Board to object to the approval of the request. Mr. Sewell discussed a petition signed by 14 property owners in the surrounding area and stated that they all are wanting the area to remain rural.

Mrs. Eunice Conner, petitioner, appeared before the Board and requested that the list of names on the petition be read. She stated that the request was to allow her daughter and son-in-law to have a place to live.

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

PE'TITION #135-85-3 R M to PFD Montverde Mobile Home Subdivision Assoc . Inc.

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

On a motion by Commr. Windram, 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 M (Mobile Home Residential District) to PFD (Public Facilities District) for a fire station and community center.

PETITION #146-85-3 AR to RR Montverde Groves, Inc .

Mr. David Clapsaddle, Planning Department, informed the Board that 12 petitions were received with a total of 156 signatures objecting to the rezoning.

Mr. Frank Bouis, President of Montverde Groves, Inc., appeared before the Board to discuss the request and object to the denial.

Mr. Bouis requested that the Board grant the petition and stated that the project conforms with the Comprehensive Land Use Plan. He discussed the density involved and the request for one dwelling unit per acre. Mr. Bouis also discussed the roads in the area, the fire station site, and Vinola Gardens.

Mr. Dan Pool and Mr. Paul Bruno, Montverde, appeared before the Board to discuss the request. Mr. Bruno discussed the Compre- hensive Plan in relation to the road development in Lake County.

Mr. Pool stated that he was not against the request for rezoning last month for 2 l/4 acre lots, but he adamently opposed the request today to lower 2 l/4 acre lots to one acre lots. At this time he discussed points of concern such as the excessive growth in the area and the lack of need for residential sites in this area. Mr. Pool presented maps of the area and discussed the roads in connection with the area, such as C-455, which he stated could not handle the traffic in this area.

Mr. Bruno informed the Board that there are presently 458 lots in the area for sale, not including city lots, with 2,016 acres of burnt out groves.

Mr. Pool discussed the road problems and stated that the property values in Vinola Gardens would be lowered. He stated that the petitioner has not shown valid need for the rezoning. He further discussed public schools, police and fire protection. At this time he requested that the Board uphold the recommendation of the Planning and Zoning Commission for denial.

Mr. Spinola appeared before the Board and stated that the one acre tracts would be detrimental to the developers and should be reconsidered by the developers.

Mr. Mario DeLuccio appeared before the Board and stated that he attended the Planning and Zoning Commission meeting in which the request was granted for 2 l/4 acre lots. He stated that he discussed the plans with Mr. Hovis, who assured him that the area being rezoned would be maintained as closely as possible to Vinola Gardens, with costs and deed restrictions. He stated that the rezoning request today would not be in canpliance with the surrounding property and would change the character and density of the area. Mr. DeLuccio stated that this would set a precedent and he would object to the request.

Mr. Frank Rogers, on behalf of the Town of Montverde and Town Council, addressed the Board and read a letter requesting the Board to follow the recommendation of the Planning and Zoning Commission and deny the rezoning. He stated the reasons being the change in the rural atmosphere, the problem with Highway 455 being the only through road in Montverde, and the zoning change not being in accordance with the land adjacent to this area.

Mr. Bouis discussed a traffic count through Montverde, which was 1,200 per day, and the size of the road involved. He stated that he did not feel there is a road problem and discussed the impact fee. Mr. Bouis requested the granting of the RR zoning.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board overturned the recanmendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to RR (Rural Residential).

Commr. Burhans voted "no".

COMMISSIONERS

At this time Commr. Burhans turned the Chairmanship over to Commr. Carson, Vice-Chairman.

PETITION #109-85-3 A to RR Al Besade, Jr.

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

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

Commr. Burhans was not present for the vote.

COMMISSIONERS

At this time Commr. Carson turned the Chairmanship back over to Commr. Burhans.

PETITION #137-85-3 RR to A Midlake Groves, Inc.

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

On a motion by Commr. Deans, seconded by Commr. Windram 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 A (Agriculture).

PETITION #133-85-3 R-l-7 to A Russ Properties, Inc.

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

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

carried unanimously, the Board upheld the reccmmendation of the

Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to A (Agriculture)

PETITION #143-85-2 A to RR Donald B. & Maryanne Bailey

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

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

Commr. Carson was not present for the vote.

PETITION #134-85-2 A to PFD Lake County - South Lake Fire

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

Commr. Carson was not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/lO-14-85

10/08/85