A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 8, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, July 8, 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 9:20 a.m.); and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Office; and Toni M. Austin, Deputy Clerk.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Commr. Burhans.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of July 1, 1986, as amended and corrected.

BONDS - CONTRACTOR

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds as follows:

New

4373-86 Delbert B. Rucker dba Rucker/Fonseca Plumbing Inc.

4374-86 Kurt Hoag dba Kurt's Sales & Service (Air Cond. and Heating)

4375-86 Joseph L. Lambert (Roofing)

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, in the amount of $100.00, Case No. 85-213-CJ, Charles William Pymer, Juvenile, and Robert Allen Pymer and Flo Ann Pymer, Parents.

ACCOUNTS ALLOWED/ASSESSMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the following:

Astor Forest Campsites

Clilton D. & Annie J. Atwell $945.48

Springs Bath & Yacht Club

Larry G. Westendorf & Mary Jane $654.14

Westendorf

Lester C. & Lois Hooper 654.14

Imperial Mobile Terrace

Peggy Shelton $189.00

Helen P. Norton & Nancy L. Ennis, 194.91

Joint Tenants

William A. L Frances Cotterell 143.10

David 0. & Annie Louise Crawford 186.30

Alfred H. & Virginia M. Lamley 132.44

Merton B. Collins 162.00

Ted & Clara Ager 167.00

Elizabeth P. Goodwon 245.27

Billy Frank & Mary R. Terry 210.60

Wayne Bergman 189.00

Wayne N. & Adelle M. Orr 162.00

Muriel K. Parsons 162.00

Jerome T. & Wanita K. Berens 218.00

William S. & Mabel Pickens 153.90

Peter A. Daunoras 153.90

Kenneth B. & Vera B. Balch 153.90

Marvin 0. & Iva Hopkins 143.10

Charles F. & Mary Lennox 143.10

Edna B. Moseley 143.10

F . Louis & Margaret V. Delong 157.65

Lucie H. & Rudd Kolarich 189.00

Dale E. Moxley Trustee 189.00

Theresa A. & Laurice M. Bystrom 189.00

Marion D. & Glenna Campbell 213.11

Harold P. & Lois 0. Grace 89.91

Robert V. & Ann D. Frazier 191.70

Catharine A. Rufener 191.70

Ruth J. Wells 209.25

Drew & Wilma C. Davey 202.50

Hansford C. & Elsie 0. Keith 178.82

Fred & Nona V. Hawk 189.00

Alvin W. & Mildred E. Schrader 189.00

Estelle Jones Rea 189.00

Lamont W. & Leone M. Graham 189.00

Frank B. & Ruth A. Prichard 116.88

Albert L. & Dehra A. Wells 229.50

Francis F. & Hulda Johnston 189.62

Glenn A. & Maxine E. Hayes 189.62

Merton B. & V. Jeanette Collins 216.76

Troy L. & Gladys McNabb 175.50



COMMUNICATIONS/MUNICIPALITIES/STATE AGENCIES

Commr. Carson informed the Board of a letter received from Mr. George W. Percy, State Historic Preservation Officer, Division of Archives, History and Records Management, Tallahassee, informing the Commission that the Lakeside Inn, Mount Dora, has been proposed for nomination for listing in the National Register of Historic Places.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board directed a letter to the Secretary of State, informing him of the Board's desire to have the Lakeside Inn listed in the National Register.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the payment of $1,012.50, to John S. Dickerson Architect, Inc., for two prototype fire stations of prefabricated steel, per statement, dated July 2, 1986.

COUNTY ADMINISTRATOR'S AGENDA

ACCOUNTS ALLOWED/ELECTIONS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Emogene Stegall, Supervisor of Elections, for a transfer of $2,000.00, from Contingency to the Elections budget, to cover the increased cost of storage and moving of voting machines.

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Cablevision Industries, Inc. that the action taken, at their request, by the Board of County Commissioners on March 12, 1986, to change the name of the franchise agreement for Cablevision Industries of Central Florida Inc. to Cablevision Industries, Inc., be rescinded and that the franchise remain in the name of Cablevision Industries Of Central Florida Inc.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Chuck Sowers, Fire Coordinator, to attend the Florida Fire Chiefs' Association's 29th Annual Conference in Miami, Florida, on July 20 to July 23, 1986, at an estimated cost of $200.00.

Included in the motion was the Board's approval of the request for Karen Bowerman, Fire Inspector, to attend the 1986 Florida Arson Seminar in Orlando, Florida, on September 22 to September 26, 1986, at an estimated cost of $130.00.

ACCOUNTS ALLOWED/MOSQUITO & AQUATIC WEED CONTROL

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase an oxygen meter with probe, ten foot lead and Lamotte dissolved oxygen test kit, at an estimated cost of $857.00.

Included in the motion was the Board's approval of the request to purchase a Lamotte pH meter with ten foot lead, at an estimated cost of $300.00.

BONDS/SUBDIVISIONS/RESOLUTIONS/ROADS-COUNTY & STATE

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to release a performance bond for Fox Hollow Subdivision, in the amount of $121,000.00; accepted a maintenance bond, in the amount of $ll,OOO.OO; and accepted the following roads into the County maintenance system: Meadow Lane 4-5877, Highland Drive 4-5877A and Fox Run Circle 4-5977.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the requests for the following 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:

Glennon Schulte - E. of Eustis - District #4

W. Gordon McCall - Dona Vista - District #5

Fred Bliss - Pine Lakes - District #5

DEEDS/RIGHT-OF-WAYS, ROADS-EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board accepted the following right-of- ay deed:

Eugene & Vivian Henderson Cemetery Road 3-2254

RESOLUTIONS/WATER AUTHORITY/SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for "Idle Speed No Wake" resolution in Sparks Village Subdivision canals.

CODE ENFORCEMENT/AGRICULTURE CENTER/SOIL CONSERVATION

Mr. Chris Ford, County Attorney, discussed with the Board the problem with a pig farm in Montclair. He stated that there was a good possibility that the situation is a public nuisance; however, there is a Florida Statute that pertains to agricultural pursuits in effect that are grandfathered-in. Mr. Ford stated that there are a lot of qualifications, such as carrying on good farming practices.

Mr. Ford stated that Mr. Sandy Minkoff, County Attorney's Office, will be going to the site on Thursday, along with someone from Soil Conservation, to determine the farming practices. Should an opinion be presented to him that they are using poor farming practices, his opinion will be that it is a public nuisance. However, the Florida Statute basically states, that should the farm meet all of the criteria, even if it is a public nuisance, it is not a public nuisance for any court to determine, because the agricultural pursuits in the agricultural interests are of great importance to the State in general, and should be protected.

Commr. Burhans suggested that someone from the Agricultural Center be requested to go to the site on Thursday.

Mr. Ford stated that he would return a firm recommendation to the Board next Tuesday, July 15, 1986.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Chris Ford, County Attorney, informed the Board that the NRG/Recovery Group, Inc. contract will expire by its own terms July 15, 1986. He stated that NRG was having a problem with the Department of Environmental Regulations' requirement for the installment of a dry scrubber. The request from NRG was for letters of objection to DER's position. Mr. Ford stated that he consulted with an expert in this type of recovery process, who indicated that the State of Technology was favoring these dry scrubbers, and that he had no question that it would make a noticable difference in air quality, if it was used. He suggested that the Board not take any position on this matter.

Mr. Ford discussed the outcome of several arguments made

against DER by other counties. He stated that the installment of

the scrubber was expensive and would cause a large increase in the tipping fee.

Mr. Ford informed the Board that General Electric is not financing the project, and NRG/Recovery Group, Inc. is in the process of other financing arrangements.

Mr. Ford recommended, at the request of Mr. Dan Robuck, Attorney representing NRG/Recovery Group, Inc., that the contract be extended for a 30 day period. It was noted that the request was not in writing.

The Board stated that it had no problem with extending the contract for a period of 120 days.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to extend the contract with NRG/Recovery Group, Inc., for a period of 120 days, until November 15, 1986.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

RESOLUTIONS/WATER AUTHORITY

Mr. Will Davis, Lake County Water Authority, appeared before the Board and stated that, after consulting with Mr. Sandy Minkoff, County Attorney's Office, Commr. Smoak, and the Water Authority Advisory Committee on Water Recreation, he was Kequesting an "Idle Speed No Wake" resolution in all man-made channels, canals or waterways, that are directly connected to lakes, streams, creeks OK rivers located within all incorporated and unincorporated waters of Lake County, which have non- restricted public access.

Commr. Smoak suggested that the resolution Kead "all man-made channels, man-made canals or man- made waterways".

Discussion occurred regarding the requirements for the placement of signs.

Commr. Smoak made a motion, which was seconded by Commr. Burhans to approve the resolution, as requested by Mr. Davis, and to include the word "man-made".

Discussion occurred regarding additional law enforcement. Mr. Davis stated that he and the Committee had consulted with Sheriff Noel E. Griffin, Jr., who indicated a request for an additional deputy in his proposed budget. He further stated that the Water Authority Board was considering the purchase of an additional marine boat, as well as a full time deputy.

The Chairman called for a vote on the motion, which was carried unanimously.

CONTRACTS, LEASES & AGREEMENTS/GRANTS/PLANNING DEPARTMENT

Mr. Bob Fields, Planning Department, appeared before the Board to discuss the applications for the 1986-87 Community Service Trust Fund. He informed the Board that there is $10,739.00 available in funds for 1986-87, and that he is aware that the City of Mount Dora and the City of Eustis will be making application for the funds.

Mr. Michael C. Willett, County Administrator, recommended that the two agencies that the County has previously allocated funds, (Sunrise Workshop and Marion County Economic Opportunity), be notified, and that the cities be notified that the County will be applying for 55% of the funding.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation made by Mr. Willett, regarding the 1986-87 Community Service Trust Fund.

ASSESSMENTS/SUBDIVISIONS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to include Shawnee Street in the Mt. Plymouth Subdivision lien assessment project.

AMBULANCES-HOSPITAL DISTRICTS/CONTRACTS, LEASES &

AGREEMENTS/EMERGENCY SERVICES

Mr. William E. Compton, Director of Emergency Medical Services, appeared before the Board to discuss the EMS Users Committee Minutes, from the second quarter of operation for the 1985-86 fiscal year, and statistics of the types of emergencies responded to during the first eight months of operation. A copy was distributed to everyone present for review.

Mr. Compton discussed the future transition to the county- ide EMS-Fire number (343-1100) on August 1, 1986.

Mr. Zeb Osborne, Attorney for Waterman Medical Center, appeared before the Board to discuss a request for a 10% increase for the rate structure for the 1986-87 fiscal year, in the contract between.Lake County and Waterman Medical Center Inc. He stated that the contract requires approval from the Board of County Commissioners for any rate increase.

Mr. Osborne stated that EMS is required to supply the County with an audited financial statement for each year of ambulance service, 90 days after the completion of service. He further stated that the 1985 cost report was not prepared by the Federal Government until February, 1986, and the figures were received by EMS, in June, 1986. Therefore, the County will receive an audited report sometime within the next month. Mr. Osborne stated that the actual revenue cannot be determined until the cost report is received.

Mr. Osborne introduced Mr. David Beckman, Comptroller of Waterman Medical Center Inc.

Mr. Osborne discussed payment procedures, on a cost-base system, used by the Government, on billings received from the County. He stated that ambulance service is cost-base reimbursed. He discussed the Medicare allocation for Waterman Medical Center Inc. and the determining factors used by the Government for reim- bursement.

Mr. Osborne referred to the original contract, dated September 24, 1985, which had been prepared with a proposed increase of 7.58% rate increase for the 1986-87 fiscal year. He directed the Board's attention to the last page of the report, Comparative Rate Structu-res, which presented a base fee of $119.75, with no mileage charge in the district, for Lake County Emergency Medical Services.

Considerable discussion occurred regarding Medicare and indigent utilization in Lake County.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request, presented by Mr. Osborne, for the 10% increase in the rate structure, for the 1986-87 fiscal year, for the Lake County Emergency Medical Services.

Commr. Windram was not present for the vote.

RECESS & REASSEMBLY

At 10:35 a.m. the Chairman announced that the agenda item, with Mr. Richard Schwartz, President of the Lake County League of Cities,had been rescheduled for 1:30 p.m., due to an unexpected circumstance. Therefore, the meeting adjourned until 1:30 p.m.

COMMITTEES/MUNICIPALITIES/LAWS & LEGISLATION/ORDINANCES

RESOLUTIONS

Mr. Richard Schwartz, President of the Lake County League of Cities, appeared before the Board to discuss the need for the additional two-cent gas tax. He stated that the cities fund most of their road improvements and capital improvements from a variety of revenue sources, but primarily from ad valorem taxes, local assessments, State funds, Federal Revenue Sharing, and County gas taxes. He stated that, because the cities are experiencing growth, the League of Cities believes it should seek new funding sources to meet the road requirements that the citizens demand. Because the League of Cities and its members support the concept of user's fees, and because most citizens support the gas tax as one of the fairest methods of raising revenue to maintain our roads, the Board of Directors of the League of Cities, at their June meeting, passed a resolution requesting the Board of County Commissioners to adopt the optional fifth and sixth cent gas taxes, as authorized by the Legislature.

Mr. Schwartz presented to the Board a worksheet, Projected Receipts for Cities - Current Formula, showing projected County/City Revenues from the Optional Gas Tax.

Mr. Schwartz stated that a resolution would need to be passed by the Board of County Commissioners by August 15, 1986, in order to be effective September 1, 1986.

The Board discussed the Florida Statutes requiring the counties and the cities, should the fifth and sixth cent gas tax be adopted, to reformulate the percentage distribution. Mr. Willett stated that the distribution formula would have to be sent, with the resolution, to Tallahassee.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to look favorably upon the request from the League of Cities, as presented by Mr. Schwartz, under the conditions that the City-County split remain the same, and.requested the County Attorney's Office and the County Administrator's Office to prepare the necessary paperwork, in order to consider this at the August 12, 1986, meeting, for final Board approval, and that in their presentation, they extend the application date of sixcent gas tax to the legal limit, for the consideration of the Board, under the new guidelines of the 1986 act.

Mr. Schwartz commended the Board for its efforts on the optional gas tax and road impact fee. He extended an invitation to the Board, to the Quarterly Meeting of the League of Cities, July 16, 1986, at the Orange Blossom Gardens.

ZONING

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board aproved the postponement of the following cases:

#73-86-l Lake County Dev. Staff Sept. 9, 1986

CUP#858A-2 Philip H. Kuharske August 12, 1986

Mb. David Clapsaddle, Planning Department, informed the Board of a request received from Ralph L. & Tommy J. Shannon, for postponement of Case #85-86-5, until August 12, 1986, at 2:00 p.m., in order to try and resolve differences with the opposition.

Mr. John Bennett, President of the Astor Forest Property Owner's Association, appeared before the Board in favor of the request from the petitioners.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to postpone Case #85-86-5, until August 12, 1986, at 2:00 p.m., or as soon thereafter as possible.

PUBLIC HEARING CUP#86/6/1-4 Cecil E. Murphy

No one present wished to discuss this 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 AR (Agricultural Residential) for greenhouses.

PUBLIC HEARING #99-86-4 Brannon & Mary Cummings

No one present wished to discuss this 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 A (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING #103-86-4 Peter Volchko

Mr. Otto Cantrell, appeared before the Board in opposition of the request. He stated that his property is located southeast and adjacent to the property in question. Mr. Cantrell felt the zoning would not be consistent with the surrounding area, and to the best interest of the local property owners.

Mr. Mark Carson appeared before the Board in favor of the request. He stated that he owns property to the north and west of the property in question. He stated that there are existing road problems, and that the approval of this request would help provide adequate roadways.

Mrs. Evelyn Beilman, Realtor, appeared before the Board, and stated that approval of the request would upgrade the surrounding property , and that she wished to go on record as having no objection to the request.

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

PUBLIC HEARING #96-86-4 Victor McGreqor

No one present wished to discuss this 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 R-l-6 (Residential).

PUBLIC HEARING #lOl-86-5 John Gardner

Mr. Jack Austin appeared before the Board in opposition of the request, due to the allowance of mobile homes in agricultural zoning.

Commr. Burhans informed the Board that Mr. Gardner had made the request, so that he can obtain an electric permit for the ment of an electric pump, for his replanted orange grove. install-Discussion occurred regarding several suggestions made for the solution of the request.

Commr . Smoak made a motion, which was seconded by Commr. Deems, directing the staff to waive the existing rules in the pre-existing use, not setting precedent in any other situation, so that the electric permit can be obtained by the petitioner.

Mr. Pat Riley, owner of Crooked Lake Estates, appeared before the Board in opposition of the request. He stated that he had no problems with the replanting of the orange grove, but he objected to the possibility of the placement of mobile homes.

The Chairman called for the vote on the motion, which was carried, allowing the petitioner to obtain an electrical permit for an irrigation pump, for the use of replanting an orange grove, in the pre-existing zoning.

Commr. Windram was not present for the vote.

PUHLIC HEARING #105-86-5 Don Monn

Mrs. James Garris appeared before the Board to discuss this request. She stated that she never received any notice of the public hearings. She requested clarification of the zoning restrictions. Mrs. Garris stated that she had no objection to the request, but felt the zoning should be for rural residential to comply with surrounding property. She discussed the placement of a barrier or vegetation between the properties. She further stated concerns with the impact of traffic on Highway 452, the central water system, and chemicals.

Mr. Jerry Annas, Executive Director of Planning and Develop- ent,informed the Board of a letter received from the City of Eustis stating objections to the request.

Mr. Steve Richey, Attorney, representing Don Monn, appeared before the Board to discuss the request. He discussed the proposed central water system, keeping the density low, and the traffic burden on Highway 452. He further discussed bringing clay roads up to County specifications and buffering of the well site.

Commr . Burhans made a motion to deny the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates).\

The motion died for the lack of a second.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates).

Commr . Burhans voted "no".

PUBLIC HEARING #106-86-3 Chris Blanton

Mr. Charles Fick, adjacent property owner, appeared before the Board to discuss this request. He questioned the Board as to whether or not the Board would be reassessing his property and lowering his tax bill, should the request be approved for the sewage treatment plant.

Mr. Steve Richey, Attorney representing the petitioner, appeared before the Board to discuss this request. He stated that the proposed site was for the relocation of the sewage treatment plant for Imperial Terrace Subdivision. He further stated that Mr. John McLeod needed to purchase additional property to upgrade and improve the quality of the plant and alleviate the present problems.

Commr. Smoak questioned the relocating of the plant, and suggested leaving the plant as presently located, and pumping the effluent to the new site.

Mrs. Paulette Alexander, Director of Pollution Control, addressed the Board and stated that environmentally, there would be no problem leaving the plant where it is presently located, if the effluent can be moved to a higher ground.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Department and approved, as amended, a request for rezoning from A (Agricultural) to PFD (Public Facilities District) for a private sewage treatment plant, conditioned upon the staff investigating fully with the developer the possibility of retaining the treatment plant itself, within the boundaries of the existing owned properties, and use of this property in this particular PFD district for disposal purposes of effluent.

PUBLIC HEARING #109-86-l Sun Bank, N.A.

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

Mr. David Clapsaddle, Planning Department, suggested to the Board a" amendment in No. 2, under Conditions, to provide a five foot wide landscaped buffer along the north boundary of the property.

The buffer shall consist of a berm and vegetation, which will

provide adequate landscaping to the site.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for rezoning from C-l (Rural or Tourist Commercial) and CP (Planned Commercial) to CP (Planned Commercial) for a banking facility.

Commr . Carson and Commr. Deems refrained from participation in the discussion and did not vote, per instructions from the County Attorney, thereby declaring a conflict of interest.

PUBLIC HEARING #102-86-l Robert H. Sparkman

No one present wished 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 a request to amend a" existing CP (Planned Commercial) to permit a physician office and rezone from R-l-7 (Urban Residential) to PFD (Public Facilities District) for a" ambulance substation.

PUBLIC HEARING #95-86-3 BiJan Namvar

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the for the Planning and Zoning Commission and approved a request for rezong from a " (Agricultural) to RP (Multiple-Fami ly Resident Professional).

PUBLIC HEARING #107-86-l Mayre Lou Peterson

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses.

PUBLIC HEARING #98-86-l Patsy A. Ward & Karin Hinton

No one present wished to discuss this 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 a request for rezoning from RM (Mobile Home Residential) to RR (Rural Residential).

PUBLIC HEARING CUP #86/6/3-l Ralph V. Day

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

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 arequest for a CUP in A (Agricultural) for a fish bait farm and special housing.

PUBLIC HEARING CUP #86/6/2-l Reese Bennett

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

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in C-2 (Community Commercial) for a caretaker's residence.

Commr. Windram was not present for the vote.

PUBLIC HEARING #112-86-l Pearl Helander, et al.

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

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 (Agricultural) to PFD (Public Facilities District) for an adult congregate living facility.

PUBLIC HEARING #111-86-l Richard M. Silanskas, Jr.

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 a request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING #97-86-2 A. L. & Mabel Clark

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 a request for rezoning from R-l-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING #104-86-2 William G. Haynie

The Chairman called for anyone in opposition of this request.

At this time no one appeared.

Commr. Smoak made a motion to deny the request for rezoning from A to PUD, because of the placement of 887 units in an area, which is the central location of three major arterial roads in the State of Florida. He stated that the Board had designated the area as an urban node, because the property immediately south of it was presented to this Board as an RM park, of four units per acre density, built to conventional standards, presented as being ready to turn dirt that day. The node was changed to accomodate that particular development; however, there has been no activity.

At this time Commr. Smoak withdrew his motion.

Mr. Steve Richey, Attorney, representing Homeward Corporation, appeared before the Board to discuss the request. He stated that the Planned Unit Development proposed a gross density for the mobile home area not to exceed 6.67 units per acre, and the recreational vehicle area not to exceed 7.21 units per acre. He stated that the request was contiguous to the property across the street zoned RM. He stated that the project would be served by central water and sewer.

Commr. Smoak stated that he voted for the RM zoning across the street, because of reduced density in subdivisions of any kind out-side of the urban nodes, and sanitary sewage facilities and water facilities available or to be made available.

Commr . Smoak stated that he did not feel the request was compatable with the surrounding area and recommended to the Board that the Board reverse the declaration of that area as an urban node, and remove the urban node designation, and reserve it for a commercialnode in the central part of Lake County. He further suggested reviewing the density and not discarding the proposed project.

Commr . Smoak made a motion, which was seconded by Commr. Deems for the Planned Unit Development to be amended; that a residential development, which conforms with low residential density, one residential unit per usable acre of land (for the mobile home area), be inserted under A.l.a., and that the appropriate numbers be applicable to that.

Commr. Windram suggested that the petitioner develop new figures to be presented to the Board for consideration, regarding the density, because of the two different issues, mobile homes and recreational vehicles.

Mr. William G. Haynie, petitioner, appeared before the Board to question the intent of Commr. Smoak's motion.

The Chairman called for a vote on the motion, which was car- ied.

Commr . Burhans voted "no".

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the staff, to work with the developers to separate the RV from the residential sections, and come back with a definite request on a CUP for the RV, or a separate request under a PUD at the developer's discretion. This was scheduled to be heard August 12, 1986, at 2:00 p.m., or as soon thereafter as possible.

Commr . Smoak requested that the staff reevaluate the creation of an urban node in that area, and bring back to the Board a recommendation of how that area should be developed. The Board concurred in that request.

PUBLIC HEARING #108-86-3 Robert Peelle & Double Lake

Investment Co., Inc.

Mr. Steve Richey, Attorney, appeared before the Board and stated that this request had been discussed thoroughly with the staff and developers, with a recommendation of R-1-15 for quality development.

No one appeared in oppositon of this request..Mr. Harold Roberts, realtor representing Robert Peelle, appeared before the Board and stated that the request was consistent with the zoning in the neighborhood.

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 a request for rezoning from C-l (Rural or Tourist Commercial) and A (Agricultural) to R-l-15 (Residential Estate).

PUBLIC HEARING #lOO-86-3 Loran Walls

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

On a motion by Commr. Smoak, seconded hy Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:40 p.m.

ATTEST:

JAMES R. CARSON JR., CHAIRMAN

JAMES C. WATKINS, CLERK

TMA/7-11-86

7-8-86