A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 13, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, May 13, 1986, 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: James R. Carson, Jr., Chairman: Glenn C. Burhans; Claude E. Smoak, Jr.; Thomas J. Windram (arriving at 9:15 a.m.); 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 Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of May 6, 1986, as corrected.

COUNTY ADMINISTRATOR'S AGENDA

COUNTY ADMINISTRATOR/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Michael Willett to attend the Florida Association of County Administrative Officers Meeting, on May 23, 1986, in Tallahassee, at an estimated cost of $25.00.

COUNTY PROPERTY/BUILDING COMMITTEE

Discussion occurred regarding the selling of a piece of County property located on Highway 561, at the North city limits line of Astatula (Section 20, Township 20, Range 26).

The Board directed the County Administrator to turn the request over to the Building Committee for further consideration and a recommendation.

CONTRACTS, LEASES & AGREEMENTS/HEALTH DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the proposed contract between Lake County and the Medical Examiner and authorized the proper signatures.

POLLUTION CONTROL

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for an adjustment of salary range, for the Environmental Engineer in the Pollution Control Department, from $16,500-23,200.OO to $19,000- 27,000.00.

FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Karen Bower-man, Fire Prevention Specialist, to take "Plans Examining for Fire Inspectors", at the National Fire Academy, Emittsburg, Maryland, July 28-August 8, 1986, at an estimated cost of $332.00 (approximately $200.00 will be reimbursed to the County by FEMA).

FIRE DISTRICTS-FIRE DEPARTMENTS/BIDS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to put the Dona Vista fire station construction out for bid.

MOSQUITO CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request Eor Eric Cotsenmoyer and Jim Bridgewater to attend the Aquatic Weed Short Course, in Gainesville, June 10-13, 1986, at an estimated cost of $467.00.

FAIRGROUNDS/MENTAL HEALTH

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Sunrise Workshop to use the Expo Hall, on June 28, 1986, at no charge, for an Auction/Casino Night, to raise funds for the relocation and rebuilding of the Sunrise Workshop.

SIGNS/SUBDIVISIONS

Ms. Frances Blankenburg, representing one hundred and twenty-five (125) residents of Venetian Village appeared before the Board to rectify a problem this community is having regarding some stop signs.

Discussion occurred regarding the removal of a stop sign and the addition of another, in different locations, in the Venetian Village Subdivision.

The Board referred the problem with the stop signs to the Sign and Road Safety Department, of the Public Works Division, for their consideration and a recommendation to be brought back to the Board at a later date, and requested Kathy McDonald, County Administrator's Office, to notify Ms. Blankenburg as to when the problem can be resolved.

BONDS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the cancellation of the following mobile home bonds:

Russell Bailey, Jr., Western Shores Area, District #l

Donald Coval, Mt. Plymouth Area, District #5

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to reimburse Mary Pasak $70.24, for books purchased and for fingerprint processing, at the Fire School in Ocala.

SUBDIVISIONS/ROADS-COUNTY & STATE/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for the final plat of the Silver Oaks Subdivision; acceptance of Silver Oak Drive (l-5834) into the County maintenance system; and acceptance of a Letter of Credit, in the amount of $lO,OOO.OO, for maintenance.

ROADS-COUNTY & STATE

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to name an unnamed road, located in Section 37, Township 16, Range 28, "Rivertrace Road".

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

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

Elmer H./Clara E. Reedy #l-6611 Eagle's Nest Road.

Richard E., Carl R./Madge Pennington

and William/Elizabeth H. Kicklighter #5-7958 Babb Road

Clarence D./Mary J. White #l-6611 Eagle's Nest Road

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept the following drainage easement deed:

Ray A./Sharon D. Ash Lake Rogers (Astor)

ACCOUNTS ALLOWED/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request to release an Irrevocable Letter of Credit, for maintenance, for Orange Blossom Gardens, Unit IV, in the amount of $36,000.00.

ASSESSMENTS/RIGHT-OF-WAYS, ROADS & EASEMENTS/SUBDIVISIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved for the County to pay for the paving of a two hundred and ninety foot (290') strip of Thoroughbred Street (Special Assessment), in the Hilltop Sorrento Subdivision, for drainage purposes.

LICENSES & PERMITS

Discussion occurred regarding a rap sheet received from the

Sheriff's Department on Mr. Julius Mitchell Jones.

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

ASSESSMENTS/SUBDIVISIONS/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the necessary signatures on the following Satisfaction of Assessment Liens:

Hilltop Subdivision

Miriam Patrick $ 375.66

Miriam Patrick 295.62

Astor Forest Campsites

w. J. and Janet A. Chatlos 819.75

RIGHT-OF-WAYS, ROADS & EASEMENTS/SUITS AFFECTING THE COUNTY

Considerable discussion occurred as to a right-of-way problem, which has occurred between the County and the Night Star Lounge, located on Old Highway 441, in Tavares. The County has a project under way to widen Old Highway 441 for turning lanes into the Dura-Crete concrete mixing plant. The owners of the Night Star Lounge claim that, in order for the County to complete their widening project, a portion of their parking lot (which is detrimental to their business) will be taken in the process. In order to stop the road project in front of their lounge, the owners have parked a van on the right-of-way (claiming they have legal documents showing that it belongs to them), which they refuse to move unless the construction project is halted.

Mr. John Ingles, Manager, and Ms. Glenda Mahaney, Owner, of the Night Star Lounge, appeared before the Board to defend their claim to the right-of-way in question. It was stated that they had in their possession (which they presented to the Board for the Board's review) legal documents showing their ownership to the right-of-way. Mr. Ingles stated that the owners of the lounge have defended their claim to the right-of-way for the past seven years and, also, have maintained the right-of-way themselves. He also stated that, if the County takes the land, it will be without "due process".

Mr. Steve Richey, Attorney, representing the Duracrete Concrete plant (under construction at the present time) appeared before the Board stating that he has a contractor who is half-way through the construction project and is being held up due to the problem in question. He also stated that based on a court order, Duracrete Concrete could go ahead with the project. The excel/decel lane has been started on the south side of the road; however, the contractor has been ordered not to do anything, as of yet, on the north side of the road.

The County feels that the van is causing a safety hazard therefore, has asked the County Attorney to request the Board to approve a temporary injunction, in order to have the Sheriff's Department legally remove the van.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation of the County Attorney to pursue resolution of the title question and the location of the road right-of-way through the court system and authorized the County Attorney to do so.

Included in the motion was approval of the request for a temporary injunction.

The County Attorney stated that the case would be filed this date.

WATER AUTHORITY/RESOLUTIONS

Mr. Will Davis, Water Authority, appeared before the Board to request approval of four (4) Resolutions authorizing the Board of County Commissioners of Lake County, Florida, to provide standards to regulate the operation of motorboats and vessels upon inland waterways located in Lake County; to regulate the speed of motorboats and vessels upon the waters of Lake County; and to set such speed limits by Resolution.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following four (4) Resolutions as recommended by Mr. Davis:

No .1985-26 Lake Harris Shores "Slow Down Minimum Wake"

No. 1985-25 East Lake Harris Estates "Idle Speed No Wake"

No. 1985-24 Lake Eustis-SW Canal "Idle Speed No Wake"

No. 1985-23 Hide-A-Way Harbor MHP "Idle Speed No Wake"

'WATER AUTHORITY/REPORTS/RESOLUTIONS

Mr. Will Davis, Water Authority, appeared before the Board to discuss the Annual Aquatic Plant Control Activities Report for FY 1984-85, and to answer any questions that the Board might have regarding same.

Mr. Davis reported that the Water Authority had spent $152,000.00 last year for aquatic plant control. He also stated that 45% of the current budget is for aquatic plant control. He has submitted a Resolution to be brought before the Board at the May 20th meeting requesting State funds.

AGRICULTURE CENTER/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Agriculture Center for expenditure of funds, in the amount of $30.00, for secretarial training, to be held in Orlando, on June 13, 1986, for Dot Heald, Carole Skinner, and V. Kay McKinney, to cover materials and lunch.

RESOLUTIONS/AGRICULTURE CENTER/COUNTY EMPLOYEES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved a Resolution honoring Josephine B. Clark, who has retired from the Agriculture Center, in appreciation of her eleven and one-half years of service to the County, and directed that a Letter of Appreciation be sent to her.

ZONING/REPORTS

As an information item, Commr. Smoak informed the Board that he had requested Mr. David Clapsaddle, Zoning Department, to prepare a report on permitting in Lake County, to be distributed to the Board for their review, upon completion of the report.

COUNTY BUILDINGS AND GROUNDS

Commr. Deems brought to the attention of the Board a letter received from the Honorable Everett A. Kelly, State Representative, stating that Lake County needed an additional Driver License Examining Office, due to the fact that the only office in Lake County is located in Astatula, a remote area. He also stated that, last year in the Legislature, he was able to obtain the funds to construct a driving range at the existing office, but was unable to obtain the money for an additional office. He is going to make another attempt to obtain funds to lease an additional facility in Lake County and would like to have the Board's recommendation on where the office should be located.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved a recommendation for the additional Driver License Examining Office to be located north of Eustis and to increase the hours of operation in the Astatula office.

LIBRARIES/APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board accepted the resignation of Reverend Terry Jackson, from the Lake County Library Board, and directed a Letter of Appreciation be sent to him for his service to the County during his term.

LIBRARIES/APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the appointment of Mrs. Marie Bowden (Leesburg), to fill the position vacated by Reverend Terry Jackson on the Lake County Library Board, for the remainder of his term, which will expire in October of 1987.

ORDINANCES/CODE VIOLATIONS

Mr. John Ingles, resident of Tavares, appeared before the Board to discuss Zoning Ordinance #ll-85. He stated that he resided across the highway from the Duracrete Concrete plant and has found the plant in violation of several clauses of the Ordinance, which he wished to bring to the attention of the Board.

The County Attorney recommended that Mr. Ingles take his complaints to the Code Enforcement Department for review and rectification.

MS. Glenda Mahaney, who also resides across the highway from the concrete plant, stated that complaints have been registered with the Code Enforcement Department in the past, to no avail: therefore, they are bringing their complaints to the Board for possible resolution.

Commr. Smoak recommended for the complainants to document their complaints and submit them to the County Administrator's Office for follow up.

No further action was taken at this time by the Board. RESOLUTIONS/EDUCATION

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved for the School Board Resolution for Appointive vs. Elective Superintendent to be placed on the November, 1986, general election ballot.

FIRE DISTRICTS-FIRE DEPARTMENTS/DEEDS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to postpone action on the Astor Forest Chapel, Inc./Astor Volunteer Fire Department, Inc. land deal until communication has been made with Mr. Zandy Collins of Ocala regarding same.

RECESS AND REASSEMBLY

At 11:50 a.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

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

POSTPONEMENTS

#73-86-l Development Staff 7/8/86 2:00 p m

#69-86-2 Carson Groves,

Inc.Hutson E. McCorkle 6/10/86 2:00 p m

#68-86-3 Al and Sharon Besade 6/10/86 2:00 p m

WITHDRAWAL

#23-86-5 Evan Kennedy, Jr.

PUBLIC HEARING #61-86-5 A to M-l or MP Tommy H. and

Peggy H. Barlow

Mr. Tom Barlow, petitioner, addressed the Board in opposition of the denial. He stated that he owned the land and felt that he should be able to live and have a business on his property. He also has no reser- stated that he has only one residential neighbor (who vations of Mr. Barlow having a business on his property

On a motion by Commr. Rurhans, seconded by Commr ty).Windram and carried unanimously, the Board upheld the recommendat Planning and Zoning Commission and denied the request ion of the for rezoning from A (Agriculture) to M-l (Heavy Industrial) or MP (Planned Industrial).

PUBLIC HEARING CUP #86/4/l-5 CUP in A G. Wayne Blue

No one present in the audience wished to discuss the 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, as amended, the request for a CUP in A (Agriculture) for a ranch business and auction of agriculturally related items.

PUBLIC HEARING CUP #86/4/3-4 CUP in A George R. Turner

NO one present in the audience wished 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 a CUP in A (Agriculture) for Mobile Home as Special Housing.

PUBLIC HEARING CUP #86/4/4-4 CUP in A Barbara A. Irvin

No one present in the audience wished 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 denied the request for a CUP in A (Agriculture) for Special Housing.

PUBLIC HEARING #65-86-4 RR to RMRP David N. and

Elizabeth Burrell

Mr. Jeff Kellogg, a partner of the owner of the park in question (Oak Springs Mobile Home Park), appeared before the Board to discuss this request. He stated that the park houses one hundred and fifty (150) manufactured homes; also, that since the park was acquired in 1980, he and his partner have added landscaping, shuffle board courts, and other improvements and would like to continue with the project and landscaping.

Mr. Dan Sabin (present in the audience) addressed the Board stating that he had visited the park on several occasions and had found it to be a well-run, well kept community. He also stated that the East Bay Chamber of Commerce approves of it 100%.

Mr. Henry Armstrong, resident of Oak Springs Mobile Home Park, addressed the Board stating that he has been a resident of the park for the past six years and has found the residents of the park to be fine people. He feels that the park is an asset to the community.

Mr. Con Grabb, resident of Oak Springs Mobile Home Park, appeared before the Board with a petition (submitted to the Board for the record) stating some concerns of a number of the residents of the park such as safety (crossing Hwy. 435 to utilize amenities in the existing park) and environmental changes.

Mr. Ralph Cerney, representing the Mt. Plymouth Land Owner's League, appeared before the Board stating some concerns the community has such as: (1) increased traffic; (2) possible eroding of water and sewage systems: (3) fire protection; and (4) the possible need for another school.

Mr. Harry Serfass, President of the Mt. Plymouth Land Owners' League, appeared before the Board in opposition of the request.

Mr. Jeff Kellogg, partner of the owner of the park, readdressed the Board in rebuttal to the concerns of Mr. Ralph Cerney, representing the Mt. Plymouth Land Owner's League. Mr. Kellogg stated that the community facilities have been monitored and will continue to be monitored. He also stated that the local fire department has commended them for their help with water needs.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board denied the request for rezoning from RR (Rural Residential) to RMRP (Mobile Home Rental Park Residential).

PUBLIC HEARING #50-86-4 A to PFD Rodney and Romayne

Ihrig

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning District) for a from A (Agriculture) to PFD (Public Facilities church.

PUBLIC HEARING #71-86-4 RP to RM Michae 1 W. Argenziano

Mr. Michael Argenziano, petitioner, appeared before the Board stating that he was the owner of the property in question and would like to place a mobile home on his property, as the area consisted mostly of mobile homes rather than conventional homes, and felt that by building a conventional home (the size needed to comfortably house his family), he would be overbuilding for the area: therefore, would not be able to recoup his equity in the home should he ever decide to sell.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RP (Multiple-Family Residential-Professional) to RM (Mobile Home Residential).

Commr. Smoak voted "NO".

PUBLIC HEARING #66-86-4 RR to RP Elsie Givens

No one present in the audience wished 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 RR (Rural Residential) to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING #63-86-4 Amend Existing MP Zella L.

and Lonnie Jr. Moore

Ms. Glenda Mahaney, representing her parents (the petitioners), appeared before the Board to request approval to place a caretaker's residence on the back of her parent's property. She stated that her parents have been before the Board on a number of occasions and has been denied every time.

Mrs. Stan , neighbor, appeared before the Board in approval of the denial, stating that she was a little leary of what the mobile home would be used for.

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 denied the request to amend an existing MP (Planned Industrial) to permit a caretaker's residence.

PUBLIC HEARING #55-86-l R-l-7 and CUP #498-l to PFD

Haines Creek Church of God.No one present in the audience wished to discuss the 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 the request for rezoning from R-l-7 (Urban Residential) and CUP #498-l to PFD (Public Facilities District).

PUBLIC HEARING #64-86-2 R-l-7 to RM Lonnie F. and Rita

V. Loudin

Mr. Ed Mitenius, owner of Mitenius Mobile Home Sales, appeared before the Board stating that the Zoning Commission's opposition to the rezoning appears to be based on technicalities (which interpretations of such are based on ten year or older opinions) not valid today.

On a motion by Commr. Smoak, seconded by Commr. Rurhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from R-l-7 (Urban Residential) to RM (Mobile Home Residential).

PUBLIC HEARING #150-5 Revocation of CUP Henry L.

Pringle

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for revocation of CUP #150-5.

PUBLIC HEARING #57-86-5 R-l-7 to R-l-5 or R-l-6 H.D.

Robuck, Jr.

Mr. Dan Robuck, Attorney, representing himself and eleven other property owners, appeared before the Board stating that he, as well as the other eleven owners, had purchased this property with the intentions of developing a nice residential subdivision: however, the surrounding area has since been developed with mobile homes.

Therefore, he is requesting that the property in question be rezoned as such.

Mr. and Mrs. Phil Sisama, residents of the Treasure Island Subdivision, appeared before the Board in opposition of the request stating that they do not want fifty-five mobile homes to be added to the area: they would like for the area to remain zoned for conventional homes.

Mr. James Hickman, representing several property owners of the Treasure Island Subdivision, appeared before the Board in opposition of the request.

Commr. Smoak stated that if the Board of County Commissioners approved this rezoning to an R-l-5, that it would be a first since he has been a member of this Board that a new R- -5 district was created anyplace in Lake County in the last five years, and there had been a lot of requests for it.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board approved the request for rezoning from R- -7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).

Commr. Smoak and Commr. Deems voted "No".

PUBLIC HEARING #67-86-l RP to CP w/C-2 Cardinal

Industries

No one present in the audience wished to discuss the 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 RP (Multiple-Family Residential- Professional) to CP (Planned Commercial) with C-2 (Community Commercial) uses.

PUBLIC HEARING #58-86-l c-2 to CP David E. Cauthen

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for rezoning from C-2 (Community Commercial) to CP (Planned Commercial).

PUBLIC HEARING #49-86-l RR to A Simon H. Groot

Mr. Dale Palmer, owner of land adjacent to the property in

question, appeared before the Board in opposition of the request. He questioned the intent of Mr. Groot toward the property.

On a motion by Commr. Burhans, 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).

PUBLIC HEARING #59-86-l RR to R-1-15 Bernice McQuade

No one present in the audience wished to discuss the 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 the request for rezoning from RR (Rural Residential) to R-l-5 (Residential Estates).

PUBLIC HEARING #56-86-l A to RR Mae Manywether

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

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

PUBLIC HEARING #53-86-2 R-l-l to R-l-6 Tex A. Merritt

Ms. Kathy McBride, a resident of Leesburg representing her parents, appeared before the Board in opposition, as well as Ms. Diamond, a resident of Okahumpka.

On a motion by Commr. Deems, seconded by Commr. Windram 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 R-l-6 (Residential).

PUBLIC HEARING #54-86-2 R-l-7 to R-l-6 Tex and Judy

Merritt

Ms. Kathy McBride, a resident of Leesburg representing her parents, again appeared before the Board in opposition of the request.

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 denied the request for rezoning from R-l-7 (Urban Residential) to R-l-6 (Residential).

PUBLIC HEARING #60-86-2 A to C-l James P. Gills

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that his client wants a CUP for an RV Park.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to postponement of the case in question, as well as CUP #86/4/2-2, until the Board Meeting of May 20, 1986, at 11:00 a.m.

COMMISSIONERS

At 4:50 p.m. Commr. Carson turned the chairmanship over to Commr. Windram.

PUBLIC HEARING #72-86-2 A to RR William K. and Susan

S. O'Brien

No one present in the audience wished to discuss the 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 the request for rezoning from A (Agriculture) to RR (Rural Residential).

COMMISSIONERS

At 4:55 p.m. Commr. Windram turned the chairmanship back over to Commr. Carson.

PUBLIC HEARING #52-86-3 A to C-2 Franklin D. Longenbach

No one present in the audience wished to discuss the 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 for rezoning from A (Agriculture) to C-2 (Community Commercial).

Commr . Smoak stated that he would like to remind the Planning Department to prepare, for consideration by the Board of County Commissioners, a review of the area in question, and a proposed amendment and a comprehensive plan.

PUBLIC HEARING #62- 86-3 R-l-7 to A Jose A. and Kathleen

D. Pagan

No one present in the audience wished to discuss the 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 for rezoning from R-l-7 (Urban Residential) to A (Agriculture).

PUBLIC HEARING #70-86-3 A to MP Douglas Sadler

No one present in the audience wished to discuss the 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 for rezoning from A (Agriculture) to MP (Planned Industrial).

PUBLIC HEARING #51-86-3 A to ER Harold Schwartz

No one present in the audience wished to discuss the 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 for rezoning from with A (Agriculture) to ER (Estate Residential).

PUBLIC HEARING CUP #86/4/5-5 Amend CUP #738-5 in RMRP

J. D. and Ann Floyd

No one present in the audience wished to discuss the request 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 to amend CUP #738-5 in RMRP (Mobile Home Rental Park Residential) to permit additional recreational vehicles and mobile homes.

SUITS AFFECTING THE COUNTY/CODE VIOLATIONS

Mr. Chris Ford, County Attorney, informed the Board that the Roy L. Smartt vs. Lake County Department of Code Enforcement suit is going to a Federal full-jury trial. He also stated that Mr. Smartt would be representing himself. Mr. Smartt feels that the County violated his rights by searching his property for a code violation.

ZONING

Commr . Smoak brought to the attention of the Board a zoning case heard during the month of April, 1986, in which the Board approved rezoning from R-l-7 to RP to build an office building.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to reconsider Case #36-86-3, Ranjit S. Basi (waiving the required one year period), and allow petitioner to resubmit, should they desire to do so.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:lO p.m.

JAMES R. CARSON, JR.,CHAIRMAN

ATTEST:

C. WATKINS, CLERK

sec/5-16-86