A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 11, 1986

The Lake County Board of County Commissioners met in regular

session on Tuesday, March 11, 1986, at 9:OO a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman; Glenn C. Burhans; 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; and Toni Austin, Deputy Clerk.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of March 4, 1986, as amended.

PRIVATE INDUSTRY COUNCIL

Mrs. Robbie Baird, Director of the Private Industry Council, and Mr. Larry Tomasetti, Director for the Service Delivery Area, appeared before the Board to make a presentation on the Two-Year Service Delivery Plan.

Mr. Tomasetti discussed the outline of goals for the Two- year Plan for the Volusia, Lake and Flagler areas, as presented in the report entitled V.L.F.-PIC, Inc. & JSOF Joint Plan.

Mr. Tomasetti stated that today he was in need of a general approval from the Board for the Plan and will request signatures later in the month.

COUNTY ADMINISTRATOR'S AGENDA

CONTRACTS, LEASES L AGREEMENTS/PRIVATE INDUSTRY COUNCIL

Mrs. Robbie Baird, Director of the Private Industry Council,

appeared before the Board to request approval of a training contract with Career Development Institute, not to exceed $33,084.00, for the remainder of the program year. She stated that the money would come from JTPA funds.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the signatures of the Chairman and Clerk on the contract with Career Development Institute, not to exceed $33,084.00, and from the appropriate fund.

ASSESSMENTS/SUBDIVISIONS

Mr. Michael C. Willett, County Administrator, discussed with

the Board a request for a special assessment project in Harbor Shores Subdivision.

Mrs. Kathy McDonald, Assistant to the County Administrator, stated that there have been petitions received from 45% of the owners on Pine Island, who own 44% of the front footage. She fur- ther stated that there have been petitions received from 38% of the owners on Lakeview Avenue, who own 43% of the front footage.

Mr. Willett recommended that a mandatory assessment project be approved.

Commr. Burhans recommended that Lakeview Avenue be included in the assessment project.

Mr. Willett stated that the residents of Lakeview Avenue would be contributing 33%: the residents of Pine Island 50%; and the residents of the other roads 33%. He stated that the estimated cost would be $181,680.00, with an estimated County cost of $69,134.00.

Mr. Eugene Harold, President of the Homeowners Association of Harbor Shores Subdivision, was present to discuss the proposed assessment with the Board.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved a mandatory lien assessment for Harbor Shores Subdivision, including Lakeview Avenue, as recommended by Mr. Willett, County Administrator.

Commr. Burhans suggested that the staff consider a policy in the future regarding acceleration and deceleration lanes.

Mr. Willett requested approval from the Board to work with the Homeowners Association of Harbor Shores Subdivision to eliminate the duplication of the names of Lakeview Avenue and Palm Street.

CONTRACTS, LEASES L AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board approved the request to accept a notice from Cablevision Industries of Central Florida, Inc., that the Company is being merged into Cablevision Industries, Inc.

Commr . Smoak was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Burhans

and carried, the Board aproved the request for a resolution authorizing the execution of traffic signal agreements between the State of Florida,Department of Transportation, and Lake County.

Commr . Smoak was not present for the vote.

SUBDIVISIONS

Mr. Michael C. Willett, County Administrator, discussed the

road problems involved with Butters Subdivision. He stated that the Roard might consider approving the Preliminary Plat approval in concept.

Commr . Smoak made a motion, which was seconded by Commr. Windram, to approve the Preliminary Plat on Butters Subdivision, provided that the staff inform Mr. Butters that the approval of the constructed road, tying into Long Island Drive, be contingent upon such approval.

Commr. Smoak withdrew his motion, and Commr. Windram withdrew his second.

The Preliminary Plat approval was postponed, to be brought up for final decision at a later date, on the County Administrator's Agenda.

SUBDIVISIONS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Roard approved the request for final plat approval of Porter Groves Subdivision.

BONDS - MOBILE HOME

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request from Thomas Conidine, Royal Trails Area, District #4, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.

Included in the motion was approval of the request for the renewal of the mobile home bond for Ray Anthony Walker, Leesburg Area, District #2.

FAIRGROUNDS

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

carried unanimously, the Board approved the request from the Lake Agriculture and Youth Fair to purchase 60 cubic yards of sand, for use in the cattle show arena, at no cost.

RESOLUTIONS/PUBLIC WORKS/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for a Resolution, for 25 years of service in the Division of Public Works, for John W. Bates.

Included in the motion was approval of the request for a Resolution, for 15 years of service in the Pollution Control Department, for Lillian M. Ford.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

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

carried unanimously, the Board accepted the following right-of- way deeds:

Lester/Carole Oldaker Mink Road (Astor)

Mike/Emily Phelps Mink Road

Edward Bender Mink Road

Arthur/Betty Iverson #3-0847 Lake Louisa Rd.

COMMITTEES/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Michael C. Willett, County Administrator, informed the Board that it was the recommendation of the Building Committee to go through the Competitive Negotiation Act, for architectural services, for the construction of the fire stations.

It was noted that the advertisement would be for negotiation of a prototype plan for expansion and contraction, with the County having ownership of the plans.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the recommendations of the Building Committee, as presented by Mr. Willett, County Administrator.

COMMITTEES/JAILS

Mr. James C. Watkins, Clerk, reported further from the Building Committee, that the exercise yard for the jail has been completed, with the exception of some drainage work, and checking of the grounding.

CONTRACTS, LEASES & AGREEMENTS/MENTAL HEALTH

Commr . Deems discussed with the Board the extension of the Mental Health Department lease versus the purchase of the Old Nursing Home property by the Mental Health Department. He stated that he informed the Department, that if they were interested in purchasing the property for 1.2 million-l.5 million dollars, he would present the offer to the Board for consideration. He further stated that the Mental Health Department was considering using the funds appropriated to them each year by the County and returning the funds to the County for the purchase of the property. Commr . Deems stated that he informed the Department that they would have to consider purchasing the building and paying interest on the appropriated funds. He further stated that the other alternative would be to extend the lease, because the Department stated that they might could then justify the additional funds to renovate the building.

Mr. Chris Ford, County Attorney, discussed the Myers & Bakers Acts. It was the consensus of the Board that the lease with the Mental Health Department be extended, with Commr. Deems developing such a proposal to present to the Board for consideration.

AMBULANCES-HOSPITAL DISTRICTS/EMERGENCY SERVICES/REPORTS

Mr. Bill Compton, Lake County Emergency Medical Services, appeared before the Board to discuss the First Ouarterly Report of operation of the Lake County Emergency Medical Services and the Call Originations Analysis, as presented to the Board.

Commr. Smoak discussed with Mr. Compton the possibility of South Lake ambulance services joining Lake County Emergency Medical Services in the future.

Mr. Compton stated that a proposal had been made to cover the South end of the County, at an equal or better level of service, for the total cost of $125,000.00 on an annual basis.

Mr. Zeb Osborne, Waterman Foundation Center, appeared before the Board and stated that, under the ambulance contract, an audited financial statement of the operation of that ambulance service must be filed with the County within 90 days. He stated that the government auditors should have a final cost report within three to four weeks.

Mr. Compton stated that $747,000.00 of revenue should be collected this year from patient transport.

AMRULANCES-HOSPITAL DISTRICTS/LAWS & LEGISLATION

Mr. Zeb Osborne, Waterman Medical Center Foundation, appeared before the Board and presented a draft of an Act proposing hospital district consolidation. He stated that the draft was designed for the Northeast Hospital District, with the Northwest basically agreeing with this in concept. He stated that the Act provided for a Board to be appointed by the Board of County Commissioners, with recommendations from Waterman Medical Center, as stated in Section 1 of the proposed Act. He further stated that the millage has not been specified in the proposed Act.

Because of this year's legislation, Mr. Osborne discussed a concern of a possible shift in financing from the Federal Government to the State Government, with the Medicaid burden being shifted to the County.

Mr. Osborne stated that this proposal will allow accountability and flexibility of providing funding as the need arises in the future.

Commr. Burhans stated that he had a problem with the appointments by the Waterman Medical Center, and suggested another way of appointing, by including someone from each district and the public, and a County Commissioner. He stated that he also had a problem with the "150% of the definition of income under the Hill-Burton Uncompensated Services Program", as presented on Page 2, Section 4, in the proposed Act.

Mr. Osborne stated that the cooperation has not been received for complete consideration of consolidation of hospital districts.

Commr. Smoak discussed previous action taken by the Board, stating that the Hoard granted a request from all of the hospitals to come back to the Hoard within 90 days with a counterproposal for health care: the Hoard did not mandate that the hospitals do this.

Commr. Burhans stated that he had requested Mr. Osborne and Mr. Robuck to prepare a proposal for health care services in the Northeast and Northwest Districts, because there had not been complete cooperation from the South Lake for health care consolidation.

Mr. Osborne suggested waitiing outcome of this year's legislati review this at a State level.

District for health care consolidng one more year to see what the on would be, and stated a need to Discussion occurred regarding pending legislation and submiting this proposal to the legislation in a timely manner for consideration this year.

Mr. Ford, County Attorney, stated that it was not advisable to rush into legislature.

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Hoard and discussed the flexibility of the Northwest Hospital District. He further discussed this year's legislation and a pending appellate Broward County court case.

Mr. Dan Robuck, representing the Northwest Hospital District, appeared before the Hoard and stated that the District is amenable to these changes presented by Mr. Osborne. He stated that he had no objections to the Board of County Commissioners having more control of the appointments to the Hoard. He further stated that the loyalty of the boards should lie with the taxpayers.

Commr. Burhans stated that there was a problem with Northwest Hospital District not fulfilling their responsibility of indigent births.

It was consensus of the Board to wait out this years legislation with Commr. Burhans requesting to go ahead with this years.

Mr. Robert Bugni, member of the Health Care Cost Committee, appeared before the Board to remind the Board of the orginal intent of the Health Care Cost Committee and the solving of the indigent birthing care problems and any other health care problems within the County. He stated that the only constructive proposal from the committee as been the proposal for the consolidation of the entire county. He stated that there is no accountability of funding within the County at the present. He requested that the Board conside r all facets before making a decision.

Commr . Burhans made a motion to postpone action on the proposal presented today until the next week's Board meeting.

The motion died for the lack of a second.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board requested that the Health Care Cost Committee formulate a proposed policy statement, for the Board of County Commissioner's consideration, stating the objectives and the direction in which Lake County would like to go in indigent health care, to be approved by and forwarded to the legislative delegation, prior to the beginning of this year's session.

Commr. Burhans voted "no".

PUBLIC WORKS

Commr. Windram presented to the Board a request from the Lake County Boys Ranch for some clay and field dirt for their ground breaking ceremony for a new cottage for dependent boys in Altoona.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Lake County Boys Ranch for clay and field dirt.

ACCOUNTS ALLOWED/FAIRGROUNDS

Commr. Windram discussed a check submitted by Mr. Bursley, a vendor at the Farmer's Market, for his rent in February. He was told that his check could not be accepted.

Mr. Lonnie Strickland, Director of Health and General Services, informed the Board that, in the by-laws, it states that no checks can be accepted at the Farmer's Market. Unfortunately some of the by-laws have not been enforced. He stated that a meeting has been scheduled with the Farmer's Market to discuss such problems and to reactivate the Farmer's Market Committee.

Mr. Strickland was directed to apply Mr. Bursley's check to his rent.

LICENSES AND PERMITS

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

Carolyn H. High and Clinton C. High

REPORTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending February 28, 1986, in the amount of $13,215.07.

APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the resignation of Carl McKinney from the Advisory Board of the Northwest Lake County Fire District.

ASSESSMENTS/SUBDIVISIONS

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

Fla Fruit Pk Trop Homesites

Robert Van Dusen $ 560.00

Hilltop #3 Subdivision

Lester G. & Violet Boylan $ 247.24

Alden W. & Joyce S. Brinningstaull 689.50

Robert L. & Edith A. Huntley 689.50

Ernest A. & Gwendolyn Torrence 6851.50

Paul W. L Wanda Hazen 689.50

Marilyn Lynette Provenzano &

Mary Ruth Justice 1,379.OO

'Theodore & Florence Hawranick 543,00

Lester G. & Violet R. Boylan 579.20

Alden W. & Joyce S. Hrinningstaull 289.60

Irma G. Lindsay 543.00

Robert L. & Edith A. Huntley 289.60

Martin F. & Juanita Magnus, Jr. 285.60

Martin F. & Juanita Magnus, Jr. 579.20

Edwin Glassburn 673.32

Herman L Dorothy Ricker 543.00

Kenneth Robert Ahner 543.00

Minnie V. DeHoff 564.72

Don & Dorothy Patterson 579.20

Ernest A. f, Gwendolyn Torrence 289.60

Bobby & Kathy Stephens 579.20

Rev. Marcel R. & Helen W. Desgalier 579.20

Wallace Ray & Elaine S. Stephens 289.60

Ada M. Richards 579.20

Evelyn Jean Barnes 579.20

Helen A. Revel1 579.20

Marion K. Lindsay 579.20

Everard J. Sanderson 579.20

Buford Eugene L Patricia C. Fuller 543.00

ORDINANCES/WATER AUTHORITY

Mr. Michael C. Willett, County Administrator, informed the Board of a request from the Water Authority to reschedule the Boating Safety Ordinance, which was tabled by the Board at the February 18, 1986, meeting.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to remove the issue from the table and place the draft of the Boating Safety Ordinance on the agenda for discussion on March 18, 1986, at 10:30 a.m.

LAWS L LEGISLATION/PUBLIC WORKS

Commr . Smoak requested Mr. Ford, County Attorney, to research the laws concerning school crossings and traffic lights and report back to the Board next Tuesday, March 18, 1986.

Mr. Willett informed the Board that a letter was sent to the Calvary Christian Church and School stating the procedures for obtaining a traffic light.

ACCOUNTS ALLOWED/JAILS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved payment of the statement, in the amount of $3,666.00, from John S. Dickerson, Architect, Inc., for services rendered, in the site study, for the New Lake County Jail.

RECESS & REASSEMBLY

At 11:40 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.

ZONING

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the following postponements:

#24-86-4 W. P. Floyd, Jr., Edward D. Gorman 4-8-86, 2 p.m.

#23-86-5 Evan Kennedy, Jr., Trinity Assembly

of God Church 5-13-86, 2 p.m.

Commr . Smoak was not present for the vote.

PUBLIC HEARING #14-86-4 R-l-l to PUD Nils Schweizer

Mr. Nils Schweizer, petitioner, addressed the Board in opposition of the denial. He stated that he feels the land between Mt. Plymouth and Sorrento is in concept with the Lake County Comprehensive Plan. He further stated that he was requesting temporary use of this plan, because of personal setbacks, with this project not being put into place for three or four years. Mr. Schweizer stated that he has worked with DOT on the roadway and changed the concept of the water system. He stated that DOT has requested signalization to be placed on CR 437 and SR 46. Discussion occurred regarding the Height Requirements, in the Planning Department's recommendations.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board amended l.A.3. Height Requirements, "NO structure within the PUD shall exceed twenty- our ft. (24') in height."

Mr. Kevin Schweizer, son of the petitioner, appeared before the Board and presented the phasing plan of the proposed project. Mr. Schweizer explained the design, involving an economic and sitesense of development. He explained the site planning and architectural materials and forms.

Discussion occurred regarding the growing of trees on the property. Mr. Michael C. Willett, County Administrator, stated that, should the Board deny the request, Mr. Schweizer would have to request the property to be rezoned to agriculture, in order to grow trees on a commercial basis.

Mr. Keith Coffield, Durden, Wicks & Associates, appeared before the Board to address the traffic situation at the intersection of CR 437 and SR 46. He discussed the requirements made by the Department of Transportation.

Mr. Schweizer informed the Board that the project would be

$40,000.00-$50,000.00 units.

Mr. Elmer Webb, Consulting Engineer, representing Mr. Cosen- ino, who owns the west 10 acres adjoininy this particular property,.appeared before the Board in approval of the denial. He stated that he feels the uses of the PUD were being stretched and would be cause spot zoning. Mr. Webb discussed his contacts with DOT. He stated that his concerns were the impact on transportation, water, and PUD uses.

Mr. David Ryder, owner of the property south of the property

being considered, appeared before the Board and stated that he enjoyed the quiet country setting, the spacious area, the animals, etc. He further stated that he felt the PUD would destroy the country setting that people wanted to capture. He felt the people in the surrounding area should be able to determine what should be developed in the neighborhood.

Mr. Dennis Wheeler, son-in-law of Mr. Cosentino, future owner of 10 acres west of the property in question, appeared before the Board and stated that the property is not compatible to this type of development. Mr. Wheeler discussed the following concerns: the petitioner wanting to make a profit; water problems; the neighbors saying "no" to the project; and suggested that the Board consider a compromise by turning down the request and reconsidering the project in five years after taking a look at the Sorrento area.

Commr. Smoak stated that Mr. Schweizer was offering less density to the area than what was allowed, and that he was in line with the Comprehensive Plan, which the County is mandated to follow.

Mr. Dan Savin appeared before the Board in support of the project. He informed the Board that he polled the Board of Directors of the East Lake County Chamber of Commerce, which has 15 members; 12 were for the project and three were against it.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to PUD (Planned Unit Development) for a shopping center, professional offices and residential homes: and a variance from the requirement that a center roadway must be 66 feet wide to allow it to be 50 feet wide for a one-way drive in a commercial corridor, as amended, and subject to the following: a 66 foot right-of-way; five areas in the southern boundary being developed as a tree nursery; a minimum traffic improvements of acceleration and deceleration lanes: maximum structure height of 24 feet; the commitment for signalization.

PUBLIC HEARING CUP #579A-1 Amend CUP #579-l in C-l

James Burns

No one present wished to discuss this request 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 to amend CUP 8579-I in C-l (Rural or Tourist Commercial) for the expansion of the existing CUP to allow two additional mobile homes.

PUBLIC HEARING CUP #1000-2 CUP in A Valentine & Co.

No one present wished to discuss this request 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 denied the request for a CUP (Conditional Use Permit) in A (Agriculture) for peat mining, stock piling and processing.

PUBLIC HEARING #4-86-2 A TO PUD United Freightways, Inc.

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for rezoning from A (Agriculture) to PUD (Planned Unit Development) and the requested variances.

PUBLIC HEARING #15-86-5 A to R-l-7 Mollie Marie Sanwald

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

On a motion by Commr. Hurhans, 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) to R-1-15 (Residential Estates).

PUBLIC HEARING #19-86-4 A to PFD Pine Lakes Voluntary

Fireman's Assoc., Inc.

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 request for rezoning from A (Agriculture) to PFD (Public Facilities District) for a county fire station.

PUBLIC HEARING #17-86-4 CP to A Al & Virginia Hall

No one was present to discuss this request with the Hoard.

PUBLIC HEARING CUP #1003-4 CUP in A Maury Carter, Agent

Miller Trucking Company

Ms. Katie New appeared before the Hoard and stated that she

objected to the conditional use request for operation of a sand/fill mine, because it will place in jeopardy the lands of others in the area and impair the ecological and environmental quality of the area, and presented a letter stating such. She also presented a petition with 56 families opposing the request for the mine. Ms. New stated that she has a nursery and discussed her concerns for the water. She further stated that the St. Johns River Water Management has found salt in the water. She discussed the traffic on SR 46 and her concerns for the Wekiva River.

Ms. Jo Irwin appeared before the Board as a citizen of Lake County and Secretary of the Friends of the Wekiva, and stated her opposition to the request for the mine. She stated her concerns being the truck traffic and water damage. She also stated that there was salt intrusion in the wells.

It was noted that Mr. Dave Clapsaddle, Planning Department, and Mr. David Rosenau, Pollution Control, have both visited and examined the area in question.

Commr . Windram informed the Hoard that the St. Johns River Water Management, along with Paulette Muller, Director of Pollution Control, and her staff, feel that there are no problems with the approval of this project.

Mr. John Callen appeared before the Board and requested that the Board deny the request for the mine. Mr. Callen discussed the Comprehensive Land Use Plan stating that this request is foreign and incompatible to the Plan. He stated that he was opposed to a commercial operation, and was concerned about salt intrusion in the wells and the adverse impact of traffic on SK 46.

Mr. John Bygrave, President of the Oklawaha Valley Audubon Society, addressed the Board in opposition of the request. He stated that the approval of this request would destroy the beauty of this area. He further stated his concerns for the protecton of the wildlife.

Mr. Rudolph Rodie, who lives 1,000 feet from the proposed site, addressed the Board and stated his opposition to the request. He questioned the hydrological report and the property being conditional wetlands. Mr. Kodie discussed problems with his wells and the traffic on SR 46.

Dr. Jack Shore, nearby property owner, appeared before the Board in opposition of this request. Dr. Shore discussed his two wells, which are 235 feet deep, and stated that he objected to the ground study. He recommended denial of the proposal, unless guarantees could be made for the safety of the lower water level.

Mr. Ray Malave, Bowyer, Singleton & Associates, and Mr. Maury Carter, petitioner, appeared before the Board to discuss the request. Mr. Malave explained that the proposal is for a borrow pit, not a sand mine, and will be limited to the extraction to the clay layer, as indicated in the study.

Mr. Carter informed the Board that this is a local project and will likely cause a decrease in traffic and improvement to the property, and the wildlife will continue to be protected. He presented the following statements from Pat Hardin, President of the Friends of the Wekiva: "The Friends of the Wekiva take no official stand against the plan as long as steps are taken to prevent discharge into the River." Mr. Carter stated that this is filler, not DOT sand.

Mr. Malave explained the permits that have been obtained and the pumping process.

Discussion occurred regarding the use of the entire 40 acre site and the Lake County Wetland Ordinance. Discussion continued regarding whether or not sufficient information had been submitted today for Board action.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board denied the request, without prejudice, for a CUP in A (Agriculture) for a sand/fill mine.

Commr . Deems was not present for the vote.

RECESS & REASSEMBLY

At 4:12 p.m. the Chairman announced that the Board would recess for three minutes.

PUBLIC HEARING #21-86-5 C-2 TO PFD Dona Vista Voluntary

Fire Department

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to PFD (Public Facility District) for a county fire station.

PUBLIC HEARING X16-86-1 R-l-7 to R-l-5 Judson & Nancy

Cauthen, III

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

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 R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #26-86-2 R-l-7 TO PFD Gladys Faye

Nicholson & Doris Ray Wylupek

Mr. John Crayton, Hawthorne, appeared before the Board to oppose the 25 foot vegetation and requested that the Board approve a 100 foot vegetation. Mr. Crayton stated that he did not object to the project, but wanted more protection.

Mr. Steve Richey, Attorney representing the petitioner, appeared before the Board and discussed the density and the surrounding zoning and uses.

Mr. John Hurl, Hawthorne, appeared before the Board to discuss a possible 100 acre project in the near future. He stated that he would like to see the approval of the 100 foot vegatation because of the future development.

Mr. Richey discussed the project and the vegetative buffer beiny requested for approval.

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, as amended, the request for rezoning from R-l-7 (Urban Residential) to PFD (Public Facility District) for a congrsqate care facility.

PUBLIC HEARING #20-86-2 M-l TO PFD Okahumpka Voluntary

Fire Department

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommenation of the Planniny and Zoning Commission and approved the request for rezoning from M-l (Heavy Industrial) to PFD (Public Facility District) for a county fire station.

PUBLIC HEARING #18-86-2 A to RR John & Marie Hey and

Charles & Mary Phillips

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

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

PUBLIC HEARING CUP #829-2 Revocation of CUP Mark R.

Whitman - c/o Sam Whitman

No one was present to discuss this request 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 revocation of CUP #829-2 for a private road.

PUBLIC HEARING CUP #1004-3 CUP in A William J. and

John D. Russell

Mr. Bill Shiver appeared before the Board in opposition of the request. He stated that he was concerned about the destruction of the hills and the additional noise in the area. He further stated that he did not see the need for another sand pit in the area.

Commr . Smoak questioned why a phasing period was not included in the CUP instead of permitting the entire 40 acre tract.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board postponed action on this request, until the next regular scheduled meeting, April 8, 1986, at 2:00 p.m., or as soon thereafter as possible, with the intent of having specific information regarding reclamation, depth of digging, and phasing of the project.

PUBLIC HEARING #27-86-3 A to PFD Lake County Board of

County Commissioners

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Hoard upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning ) to PFD (Public Facilities District) for a storage from A (Agriculture rage building for fire equipment.

PUBLIC HEARING #25-86-3 Amend MP C. A. Meyer, Jr.

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

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

carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend MP (Planned Industrial) (#20-85) to include a mobile home for a caretaker's residence.

PURLIC HEARING #22-86-3 A TO PFD Charles E. Hawthorne

President, Orange Grove Acres, Inc.

Mr. Henry W. Hopkin, representing T & T, appeared before the Board to explain a regenerator system.

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 approved a request for rezoning from A (Agriculture) to PFD (Public Facilities District) for a regenerator system.

PUBLIC HEARING CUP #972-3A Amendment to CUP in A

Janet C. Hill

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

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

carried unanimously, the Hoard upheld the recommendation of the Planning and Zoning Commission and approved the request for an amendment of CUP #972-3 in A (Agriculture) for a home occupation of veterinarian services.

There Being no further business to be brought to the attention of the Board the meeting adjourned at 5:OO p.m.

JAMES R. CASON. JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/3-14-86