A REGULAR MEETING OF THE BOARD OF COUNTY COMM ISSIONERS

NOVEMBER 12, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, November 12, 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.; Claude E. Smoak, Jr.; Thomas J. Windram; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Office; Robert Wilson, Finance Director; and Sandra Carter, Secretary.

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

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of November 5, 1985, as corrected.

LICENSES AND PERMITS

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

NEW RENEWAL ADDITIONS

Charles Alley Michael Ianiro, Jr. Harry Pingston

Linda K. Wilder Jerry T. Lockett

Martha D. Jones Alice C. Williams

Ronald D. Weaver Charles L. Broadway

Herman A. Crow Raymond F. Lewis

Herbert G. Baker

Tony Carrion

James D. Shrader, Jr.

Henry J. Outhouse

Jane1 A. Burchett

Deborah A. Boatwright

Lee P. Lundy

Harold A. Simpson

Eugene Herndon

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for the following items to be deleted from the County's Fixed Assets:

BONDS/RESOLUTIONS

Mr. David Cartwell, Attorney wi Knight, Lakeland, Florida, represent

Prop Dept. Item Amount Reason

4816 Surplus Electric Typewriter $459.00 To be junked

5994 Surplus Mimeograph Machine 443.28 To be junked

Total: $902.28

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures for the Satisfaction of Judgment against Jimmy Lee Rucker, Juvenile, and Jimmy Lee Rucker and Rosie Lee Rucker, Parents, in the amount of $50.00, Case No. 85-632-CJ.

ASSESSMENTS

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

Springs Bath & Yacht Club

Lester C. & Lois R. Hooper $ 623.20

Lake Junietta Homesites

R. 0. Holton T/A R. 0. Holton, Inc. 382.54

Ruby L. Hill 384.92

Astor Forest Campsite

A. P. & Louise J. Brillante 871.04

Western Shores

Phillip J. Eddy & Delores A H/W 588.67

Hilltop Subdivision

Nancy F. Horton 1,311.33

Beverly J. Gilfillan $ 1,436.86

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 October 31, 1985, in the amount of $10,767.21.

BONDS/RESOLUTIONS

Mr. David Cartwell, Attorney with the law firm of Holland &

ing Scotty's Inc., appeared.before the Board to request the Board's approval and authorization of signatures on the resolution for an Industrial Revenue Bond not to exceed $1,000,000.00.

Mr. Harold Taylor, Scotty's, Inc., appeared before the Board to give a description of the project and to answer any questions that the Board might have regarding this project.

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

carried unanimously, the Board approved the enabling resolution o on the bond issue including authorization of signatures.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the necessary signatures on the application to the Governor of Florida.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Scotty's, Inc. to proceed with the application on the bond issue with the proper signatures.

COUNTY ADMINISTRATOR'S AGENDA

PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise for four (4) full size diesel powered pickup trucks for the Public Works Department.

PUBLIC WORKS/LANDFILLS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise for 140 hp bulldozer to replace the 1972 International TD15 for landfill and instructed that the bids be limited to Caterpillar and International.

PUBLIC WORKS/COUNTY BUILDINGS & GROUNDS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for the Public Works Department to tear down the house located on County property at the intersection of Main Street and Sinclair Avenue.

SIGNS/ROADS-COUNTY & STATE

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to put "No Thru Truck Traffic" signs on Goose Prairie Road #5-6836 from Emeralda Island Road to C.R. 452.

DEEDS/RIGHT-OF-WAYS ROADS-EASEMENTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the following right-of-way deed:

Jerry Lynn/Jimmie Sue Latham

Lake Unity Nursery Road-#l-6313

PLANNING DEPARTMENT/GRANTS/APPOINTMENTS-RESIGNATIONS

Ms. Colleen Logan, Assistant Planner, with the Planning Department, appeared before the Board to discuss Lake County's application for the Community Development Block Grant. Ms. Logan stated that the Community Development Block Grant Program is administered by the Department of Community Affairs, which received $27,000,000.00 for this funding cycle. Lake County can apply for up to $650,000.00 of these funds under either the Housing or Neighborhood Revitalization categories. The deadline for the FY 1985 is December 23, 1985.

Ms. Logan presented the Board with a summary of the Grant Program for 1985 as well as the eligible projects for the Board of County Commissioner's review. She requested input from the Board of County Commissioners concerning which projects the County would be interested in applying for. The County may conduct projects in only two target areas.

Ms. Logan feels the potential for housing rehabilitation is evident as well as a need for projects under the Neighborhood Revitalization Category. These include in general:

Road Improvements

Water/Sewer Improvements

Drainage

Land Acquisition

Fire Facilities and Equipment

Recreation

Community Facilities

The Florida Small Cities Community Development Block Grant Act, Chapter 83-205, Laws of Florida allows the State of Florida to accept and administer the Small Cities funds for the primary purpose of allowing local governments to undertake activities which would benefit low and moderate income persons, help eliminate slums and blight, or meet other urgent community development needs. Low to moderate income is 50% to 80% of the median income.Eligible applicants include incorporated units of general local government with populations of less than 50,000 and counties with populations of less than 200,000. Target areas within Lake County are Montclair, Yalaha, Okahumpka, Long Acre Subdivision and South-east Umatilla. Ms. Logan informed the Board that Lake County already has a preliminary community-wide need score in which we ranked 18 out of the counties, which is where we have always ranked.

Commr. Smoak stated that he did not favor the housing aspect of the project and hopes it would be for Neighborhood Revitalization.

Ms. Logan stated that a high scoring project would be one that serves a variety of needs.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Planning Department staff to put together a proposal and bring it back to the Board for discussion at a later meeting.

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

carried unanimously, the Board reappointed the following to the

Citizen Advisory Committee:

Frances Geddes, Sorrento

Albert Oliver, Okahumpka

Janie Matthews, Eustis

Ida Piner, Yalaha

Mrs. J. D. Cunningham, Umatilla

Included in the motion was authorization for the Planning Department to recommend an individual to represent South Lake County on the Citizen Advisory Committee.

COMMUNICATIONS/MUNICIPALITIES

Discussion occurred regarding the 904/305 area code in the South Lake County area.

Ms. Colleen Logan, Planning Department stated that she had spoken with an individual in the Public Relations Commission of the Public Service Commission regarding, that she had Public Relations Department of the our options for the 904/305 area

code exchange. The Public Service Commission's jurisdiction does

not allow for changing of the area code. The Public Service Commission suggested that our best option would be to extend the

Montverde/Ferndale exchange down to include the South Lakco County area. The Planning Department had input before from the United telephone that that was a one-time deal and would not be done again.

Ms. Logan indicated that the County needs to draw up a

resolution, which Ms. Logan has drafted, requesting the Public Service Commission to further look into this problem. The Public Service Commission will then have United Telephone conduct a survey of the area, as well as the calling pattern, to see if this is wanted in that area. If so, the area code would be extended or they would be included in Montverde's extension; they would not lose the 305 exchange.

Commr. Smoak stated that considering the research that Ms. Logan has done, that we perceive with trying to include the area which is not in Lake County, exclusively restricted to the 305 area code, and that area be included, by petition, with the Montverde area, which is both a dual 305/904 area code. Commr. Smoak indicated that he feels that this will satisfy the people in that area who do not want to be included in the 904 as opposed to the 305 area code, and feels that it will certainly satisfy the local residents who, when needing emergency services, have to call long distance.

ORDINANCES/ZONING

The Chairman announced that the advertised time had arrived for the public hearing on an Ordinance amending the zoning regulations to change the deadline for filing applications with the Zoning Department on hand as 1985, edit i It was noted that the proper proof of publication was it appeared in the October 24, 1985, and November 5, ons of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jerry Sexton, director of Development appeared before the Board and presented a brief summary as to why the Zoning Department is requesting to change, the deadline for filing applications . Mr. Sexton stated that the Zoning Department is proposing that the new deadline will become effective in January. He stated that one of the primary reasons for this request is that for the last seventeen months, the Zoning Department's case load has increased. At this time, the Zoning Department is averaging twenty-two (22) cases per month. The range of cases has been as low as twenty-two (22) and as those cases, eighty-seven (87 high as forty-four (44) cases, and of have been Conditional Use Permits.

No one present in the audience wished to discuss the proposed ordinance with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to place the Ordinance on the floor for its first and final reading by title only as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY,

FLORIDA, ORDINANCE 1971-6, AS AMENDED, BY AMENDING THAT PART OF SECTION 80.103 RELATING TO THE DATE FOR FILING APPLICATION IN THE OFFICE OF THE LAKE COUNTY ZONING DEPARTMENT FOR PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION ON THE LAST WEDNESDAY OF THE FOLLOWING MONTH; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Windram seconded by carried unanimously,the Board adopted Ordinance 1985-21 as read by title onl,y, on its first and final reading

COUNTY ADMINISTRATOR'S AGENDA (CONT)

COUNTY ADMINISTRATOR/SHERIFF'S DEPARTMENT

Discussion occurred regarding the procedures to be established concerning the school crossing guard programs and their funding.

Mr. Michael Willett, County Administrator brought before the Board the feelings of both Sheriff Griffin and Mr. James Watkins Clerk, regarding this program. Mr. Wi1lett indicated that he had also talked with four or five cities and wanted to inform the Board on his findings.

Mr. Willett stated that because of administrative problems, the Clerk and the Sheriff are interested in having school crossing guards be a County function. This is due to the collection of the fees.

Chairman Burhans stated that he feels, due to the fact that the supervision is done under the cities' police departments, that the proceeds should be turned over to the cities. Chairman Burhans also stated that he feels that we should continue to manage the ones in the County. Commr. Smoak and Commr. Deems agreed with Chairman Burhans regarding this matter.

Commr. Smoak stated that he feels that the cities know best, as well as their Police Departments, where they need to control their traffic and pedestrian traffic at school crossings. He feels that they will have to operate within the funds that are collected by the County plus matching any funds locally that they wish to do.

Mr. Chris Ford, County Attorney, stated that he would review the statute regarding the section pertaining to the cities handling the distribution of funds, the hiring and firing of school crossing personnel, etc., and bring back to the Board his findings at the meeting of November 19, 1985.

No action was taken at this time.

BONDS/ROADS-COUNTY & STATE

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept a maintenance bond in the amount of $10,004.00 for Valley Hill Farms and accepted Valley Hill Lane (4-5584) into the County maintenance system.

SUBDIVISIONS/RIGHT-OF-WAYS,ROADS-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to approve the preliminary construction plans on Bramalea, Phase I, Parcel I.

BONDS - MOBILE HOME

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved requests for new mobile home bonds for Ed Spann, Sorrento Area, District #4 and Lewis T. Story, Higley Area, District #5, to live in mobile homes on the same pieces of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the stipulation that the moble homes will be removed upon completion the of the conventional dwelling units of upon the request of the Board of County Commissioners.

Included in the motion was approval of the request to renew the following bond:

Sara Turner - Orlando Hills Area - District #4 ORDINANCES/PLANNING DEPARTMENT

The Chairman announced that the advertised time had arrived for the public hearing on an Ordinance amending the Road Impact Fee Ordinance to clarify the impact fee on agricultural uses. It was noted that the proper proof of publication was on hand as it appeared in the October 24, 1985, and November 5, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Dan Kotulla, Planning Department, appeared before the Board to give a brief presentation regarding the above named ordinance. Mr. Kotulla stated that the Ordinance was basically for those agricultural uses requiring an erection of a building or structure to house or cover the products growing. He also stated that there would not be a road impact fee required to be paid prior to the issuance of a building permit. This exemption, however, would no t apply to the packing houses or processing plants used in conjunction with the products.

Mr. Kotulla stated that if an individual came in for a build permit for a greenhouse or a shade house, the Planning Department was assessing the impact fee for warehouses. If this ordinance is passed there would be no road impact fee collected on any new permits applied for, for greenhouses.

Commr. Smoak stated that the Board had previously taken action as to funds which had been collected be held in abeyance until a decision was made regarding reimbursement. Effectively, all funds which have been collected for greenhouses, nurseries, etc. will be returned to those people who have paid it.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the Planning Department to reimburse all funds which have been collected for greenhouses, nurseries, etc. to those people who have paid it. However, this will not apply to packing houses, processing plants, or some other uses in conjunction with the growing end of it.

Mr. Billy Cauthen, representing the Florida Growers Association, addressed the Board from the audience and thanked the Board for approving the Ordinance.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to place the Ordinance on the floor for its first and final reading by title only as follows:

AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS, AMENDING ORDINANCE 1985-1 "ROAD IMPACT FEE ORDINANCE", TO EXEMPT CERTAIN AGRICULTURAL USES FROM PAYMENT OF A ROAD IMPACT FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board adopted Ordinance 1985-22, as read by title only on its first and final reading.

RESOLUTIONS/COMMISSIONERS/APPOINTMENTS-RESIGNATIONS

Commr. Carson presented Commr. Glenn C. Burhans with a Resolution honoring him for his many years of service on the North Central Florida Health Planning Council.

COMMITTEES/INSURANCE

Commr. Carson presented to the Board the Insurance

Committee's recommendations concerning procedures for the funding of excess fees in relationship to creating an inviolate trust fund for payment of liability claims.

Mr. Chris Ford, County Attorney, informed the Board that the County has no protection against suits. He also stated that one claim can wipe out the entire $200,000.00, and that this is some- thing that the County needs to look at very harshly.

Commr. Windram questioned whether the setting up of this

funding might invite lawsuits due to the fact that it would be

public knowledge that this money was available to pay injury claims.

Mr. Ford stated that this was a possibility, but felt that it was not a strong probability, because the people are generally the ones who do not sue and get the recoveries; rather it is the lawyers who sue and get the recoveries, even though the recoveries are for an individual. The lawyers are already aware that there is a $100,000/200,000 limit. They also know that in Federal Courts you no limits, and that one really does not have these 1imits if lawyers can get a claims bill through. Mr. Ford also stated the lawyers know that the County is fiscally responsible enough the County would pay it and could pay it.

Mr. Ford continued to say that most people, as well as most attoneys, are more inclined to be much more persistent when they know that there is insurance coverage rather than when they know that there is a self-insurance program.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the recommendation to start the procedure for a budget amendment in the amount of $200,000.00, to be funded by excess fees, returned to the Board from James C. Watkins, Clerk of the Circuit to create an inviolate trust fund for the purpose of completing a self-insurance program.

CONTRACT, LEASES & AGREEMENTS/LANDFILLS

Discussion occurred regarding the contract between Lake County and NRG/Recovery Group, Inc.

Mr. Mike Willett, County Administrator, brought to the attention of the Board that the biggest problem with the new con-tract is the environmental and tax law part of it, a feature that if the tax laws were to be changed, the fees could go up.

Mr. Chris Ford, County Attorney, stated that everyone involved on the County's side felt that they needed more time to study the contract. He also stated that, from a lawyer's standpoint, it would be his recommendation that the commissioners continue the matter until the first meeting in December and let the committee discuss further with Mr. Dan Robuck and with the principles with NRG and with GE.

Mr. Jan Swaggert, representative from NRG, appeared before the stated that he agreed with the postponement.

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

carried unanimously, the Board approved to postpone the contract

discussion until the meeting of December 3, 1985, at 11:00 a.m.

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 $2,119.95, for the purchase of ten video cassette training films that were purchased from Aims Media in Van Nuys, California.

In the same motion, the Board approved the request from Sheriff Griffin for reimbursement in the amount of $799.50, incurred in sending Investigator Hines, Investigator Mock and Deputy Neely to the Injury and Death Investigation School at the Central Florida Community College in Ocala, held October 14-19 and 21-23, 1985, $426.00; Investigator Harris to the Florida Auto Theft Intelligence Unit Quarterly Meeting at the International Inn in Orlando, held October 3, 1985, $6.00; and the purchase of seventy (70) 1985 Edition Florida Law Enforcement Handbooks, $367.50.

RECESS & REASSEMBLY

At 11:15 a.m. the Board recessed for lunch and reconvened at 2:00 p.m. for Rezoning

ZONING

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the postponement of the following cases until December 10, 1985, at 2:00 p.m. or as soon thereafter as possible:

PETITION PETITIONER

160-85-4 Jordan Iserman

166-85-4 Glen & James Tyre

Rolf Bergman

167-85-5 Franklin Loehr

Included in the motion was approval for withdrawal of Petition No. 156-85-2, Paul Peale.

PETITION #96-85-5 A to CP & PFD Milton & A. A. McMillon

No one was present in the audience to discuss the case with the Board.

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 CP (Planned Commercial) for a shopping center & PFD (Public Facility District) for a hospital.

PETITION #127-85-l C-2 to PFD Paul Resop

No one was present in the audience to discuss the 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 and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to PFD (Public Facility District) for a post office.

PETITION #121-85-2 A & CUP #481-3 TO PUD Miami-Orlando

Properties

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) & CUP #481-3 to PUD (Planned Unit Development) with variance from required site development standards contained in Section 696.20 of the Zoning Regulations.

Mr. Ted Wicks, with the firm of Durden, Wicks & Associates, Inc., appeared before the Board to discuss the case and answer any questions that the commissioners might have.

PETITION #150-85-4 A to CP Jeff and Karen Allen

No one was present in the audience 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 A (Agriculture) to CP (Planned Commercial) for retail sales/professional offices with the following stipulations:

1. Use of the site shall be limited to those uses permitted by the C-l (Rural or Tourist Commercial).

2. Prior to the issuance of permits, the applicant must have a site plan approved by Lake County.

PETITION #147-85-l A to CP David E. Cauthen

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved withdrawal of this rezoning case upon request by the petitioner.

PETITION #139-85-2 R-l-7 to R-l-6 or RP Wesley Yeko

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved withdrawal of this rezoning case upon request by the petitioner.

PETITION CUP #989-5 CUP in C-l Everett B. & Edwin N. Blair

Mr. Edwin Blair, petitioner, Astor Forest, appeared before the Board to object to the Planning Commission's recommendation for denial.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and granted the request for rezoning for a CUP in C-l (Rural or Tourist Commercial) for a mobile home for a caretaker's residence.

PETITION #154-85-5 A to RR John W. Faulkner, Jr.

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

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

Commr. Windram was not present for the vote.

PETITION #161-85-4 RR to PFD Bill Baker - c/o Baker Groves,

Inc.

Ms. Yvonne Kipler, Eustis, appeared before the Board to object to the rezoning. She stated her concern as to the affect this project would have on the well water for the residents of this area who have wells.

Mr. Frank Gaylord, attorney representing the City of Eustis, appeared before the Board to answer any questions there might be. In answer to the concern of Ms. Kipler, Mr. Gaylord stated that the well being installed at this time is a test well and not a permanent structure. If it turns out that this well produces water that is not good, it will be filled back up. Secondly, the St. John's permit provides that, if there is any affect to the surrounding wells, the City of Eustis has to make it right.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for rezoning from RR (Rural Residential) to PFD (Public Facility Dist.) for a water plant and well field amending condition #3 regarding structure height from 40 feet to 30 feet.

PETITION #152-85-3 R-l-7 to RP Keith Shamrock

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

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

Commr. Carson was not present for the vote.

PETITION #169-85-4 R-l-7 to C-2 or CP Panacea Timber Co. -c/

o Colin English

Mr. Steven Vaughn, Mt. Dora, representing Mr. Colin English, appeared before the Board to amend condition #2 to read ingress and egress rather than egress only because he stated that all car dealerships want to have an outlet on a main highway to go both ways.

Mr. Jerry Sexton, Director of Development, addressed the Board regarding condition #5 amendment which reduced Planning and Zoning Department's recommendation of 40 feet of right-of-way from the centerline of Mt. Homer Road to 33 feet, and stated that the Planning and Zoning staff feels that they still need the 40 feet because this is going to be a major arterial along there in the future years serving the entire north side of Hwy 441.

Mr. Ben Benedum, Public Works Director, appeared before the

Board and stated that he objected to the above mentioned entrance

and gave his reasons for the objection.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation of the Planning and Zoning Commission as presented and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for automobile sales and service.

PETITION #159-85-l RR to PFD Thelma Boring & Lorraine Freeman

No one was present in the audience 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 Zoniny Commission and approved the request (Rural Residential) to PFD (Public Facilities District)for a telephone switching facility.

Commr. Carson declared a conflict of interest and abstained from voting because he is on the Board of Directors for United Telephone.

PETITION #170-85-l C-2 to LM or MP Fred Rowlson

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to LM (Light Manufacturing) for repair of farm and industrial equipment.

PETITION #163-85-l C-2 to CP Gary Zuyus

No one was present in the audience 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-Z (Community Commercial) to CP (Planned Commercial) for auto sales.

PETITION #168-85-2 R-l-7 TO RMRP & CP Albert Leeberg/Mid- Florida Developers, Ltd.

Mr. Steve Richey, attorney representing the petitioner, addressed the Board to present the case.

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 R-l-7 (Urban Residential) to RMRP (Mobile Home Rental Park Residential) & CP (Planned Commercial).

PETITION #162-85-2 C-l to PFD Evena B. Ogden

No one was present in the audience 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 C-l (Rural or Tourist Commercial) to PFD (Public Facility Dist.) for a telephone switching facility.

Commr. Carson declared a conflict of interest and abstained from voting because he is on the Board of Directors for United Telephone.

PETITION #164-85-3 A to M-l Robert Wayne Lewis

Mr. Robert Abernathy, Tavares, representing Mr. Lewis, appeared before the Board to present the case.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to M-l (Heavy Industrial).

PETITION #155-85-3 A to AR W. G. & Margie F. Elliott

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

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

PETITION #165-85-3 A to M-l Elaine R. Schmidt

Mr. Bill Delaney, Clermont, representing Mr. Mose Price, Jr., appeared before the Board and stated that the use would be for storage and repair of land clearing equipment.

Mr. Mose Price, Jr., d/b/a Price's Dozier Service, petitioner, appeared before the Board to answer any questions there might be.

Mr. Chris Ford, County Attorney, stated that changing zoning from M-l to M-P could be done without advertising.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved that the usage be changed to an M-P; that a site plan be submitted for review by the Director of Development; and upon approval that the building permits be issued.

PETITION #153-85-3 Amend MP Al Besade, Jr.

Mr. Vince Hartle, Clermont, appeared before the Board not to object to the amendment, but to inquire about a secondary request regarding an additional entrance to Hwy. 50 which joins Mr. Hartle's property to the west. Mr. Hartle stated that his family would like to have an assurance that this additional entrance would not be a secondary road for the entire industrial park. They did not want two roads in and out of the park. Mr. Al Besade, Jr., petitioner, appeared before the Board and stated that the road presently being used is a temporary road, due to the fact that the main road could not be used, because it was never built to County standards. Mr. Besade also stated that his engineers are presently designing plans to rebuild this road.

Ms. Frances Hartle, Clermont, appeared before the Board to inquire about the buffer and how far from the property line it ought to be.

Mr. Jerry Sexton, Director of Development, informed Ms. Hartle that the buffer would slope within 50 feet from the property line.

Ms. Hartle questioned whether the use of the temporary road was a traffic hazard on Hwy. 50. She stated that she noticed that the trucks were not stopping but did mention that there were no stop signs at this point.

Mr. Besade assured Ms. Hartle that he would look into this matter.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for amending MP (Planned Industrial) to change buffer requirements showing an amendment to No. 2, Section E, permitting a second entrance into the industrial park, that it be conditioned upon approval by D.O.T. and that a maximum 90 day usage of that property be permitted, and that the second entrance be restricted only for the use of the property frontiny on Hwy. 50 and described as the easterly 330 feet of that industrial park and be used as a single use entrance.

PETITION #158-85-3 A and RR to RMRP Samuel J. Hodge

Mr. Samuel Hodge, petitioner, appeared before the Board and stated that he felt that the only thing the property could be used for would be for additional mobile homes as there are presently mobile homes on three sides of the area in question. There are already seven trailers in the park at this time. Mr. Hodge also stated that he wants to put in new septic tanks and that he wants to expand the park. Shady Oaks Trailer Park is the park in question.

Mr. Jerry Sexton, Director of Development, informed the Board that the mobile homes that are already in the park were grandfathered in.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agriculture) and RR (Rural Residential) to RMRP (Mobile Home Rental Park).

PETITION #157-85-3 A to RR and AR Marilu P. Baker

Ms. Faith Hoogs, Gulf Port, appeared before the Board to object to the rezoning. She read a statement to the Board giving several reasons for her objection. It was noted that Ms. Hoogs does not own property in this area.

Mr. Charles Kuharske, Groveland, representing Kuharske Properties, Inc., appeared before the Board not to object to the rezoniny but to request that some sort of privacy fence, vegetative barrier, etc. be installed to protect his agricultural interest. He also stated that he would like to continue in an agricultural aspect. He stated that his company does a lot of their grove work at night and that it is noisy, and therefore, there needs to be some sort of fence or barrier.

Ms. Mary Louise Hack, Groveland Park, appeared before the Board to object to the rezoning. She stated that she owns property directly across the lake from the proposed subdivision. She also noted that this property has been agricultural since the 1930's.

Mr. Alex McDonald, Lake Erie Road, appeared before the Board stating that he had no objection to the size of the lots but that he had two fears, one being that it didn't seem right to put a development of this magnitude right in the heart of an agricultural area, and secondly, that although this property has a very large border on Lake Erie, it has a very small access.

Ms. Lois M. Staggs, Groveland, appeared before the Board to state her objections to the rezoning. Her main concern was the possible pollution of Lake Erie.

Ms. Elaine Vick, representing Vick Realty in Winter Garden, appeared before the Board to discuss the case. She stated that although she lives in Winter Garden, she had lived in Lake County most of her life and has had a real estate office in Groveland for quite a number same concerns for the rezoni with the area and has the of years. She is familiar that have been voiced at th ng. is meeting, however, she is Ms. Ann Hunt, Tampa, appeared before the Board stating that she was for the rezoning. In answer to Mr. Kuharske's concern about a buffer or fence being installed, she stated that the natural buffer of the cypress and pine trees will be left to protect their own interest as well as his.

Ms. Judy Rogers, a realtor in the Clermont area, appeared before the Board to say that she was for the rezoning and that she wanted to up-grade the area with homes rather than mobile homes.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to AR (Agricultural Residential), 70 acres and 160 acres respectively.

PETITION #151-85-2 A to C-l or CP Pamela & Donald Bronson

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial) for a feed store.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

SEC/ll-19-85