A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 11, 1986

The Lake County Board of County Commissioners met in regular session on Tuesday, November 11, 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; 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 Assistant; and Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of November 4, 1986, as presented.

MINUTES

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

the Board approved the Special Minutes of November 4, 1986, as presented.

BONDS - CONTRACTOR

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

New

1111-87 Carroll M. Walter

1539-87 Harvey D. Erp (Residential Contractor)

4124-87 Mark Alton Newman (Aluminum Contractor)

4196-87 Sumco Construction, Inc./Scott Sumner (General, Master

Electrician, and Master Plumber)

4234-87 William E. Ray, Sr. (Air Conditioning)

4408-87 W. H. Alderman, Jr. dba W. H. Alderman Plumbing &

Heating

4409-87 James W. Huguley, III dba Gulf Region Plumbing, Inc.

4410-87 Mark L. Davis (Master Electrical Contractor)

Cancellations

443 Harlen L. Northup dba Northup Title

1262 Duane G. Hines (Cabinet Builder)

2006 Mark Errair dba Mark's Speciality Construction

4150 Richard S. Paulin

4344 J . Dameron dba J. Dameron Enterprises (Air Conditioning).

REPORTS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending October 31, 1986, in the amount of $15,986.71.

REPORTS/PRIVATE INDUSTRY COUNCIL

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports for Lake County, from July 1, 1985 to October 31, 1986, from the Private Industry Council.

CLERK/CHECKS RECEIVED

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of unclaimed excess proceeds due landowners on applications for tax deeds, totaling $961.80, pursuant to Section 197.473, Florida Statutes.

ROADS-COUNTY & STATE/SIGNS

Discussion occurred regarding action that was taken at the Board Meeting of October 21, 1986, whereby a request to lower the speed limit to 50 m.p.h. on County Road 48, from the eastern boundaries of Hawthorne west to Highway 27, near Hawthorne-at-Leesburg, was approved.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to reconsider the action taken at the above stated meeting.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved, after further discussion, to lower the speed limit on County Road 48, as indicated above, to 40 m.p.h.

COUNTY ADMINISTRATOR'S AGENDA

CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

Dr. June Atkinson, County Health Director, appeared before the Board to discuss the renewal of the contract between the Lake County Public Health Department and the Florida Department of Health and Rehabilitative Services for Fiscal Year 1987, and to answer any questions there might be from the Board..

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the above stated contract between the Lake County Public Health Department and the Florida Department of Health and Rehabilitative Services.

RESOLUTIONS/PUBLIC HEALTH

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request, by Dr. June Atkinson, County Health Director, for a resolution revising the fees of the Public Health Department.

PUBLIC HEALTH/BUILDING COMMITTEE

Commr . Deems brought to the attention of the Board the fact that the Building Committee had approved a 3,000 sq. ft. building to house the Public Health Department in Leesburg; however, they now find that they need an additional 1,000 sq. ft., at an estimated cost of $40,000.00. There is the possibility of selling the building which presently houses the Health Department, and using those funds for said purpose.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for an additional $40,000.00 to be allocated, for the purpose of constructing an additional 1,000 sq. ft. to the building which will house the Public Health Department in Leesburg, provided the recommendation is approved by the Building Committee.

EMERGENCY MANAGEMENT

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for Stephen Chase to attend the Fundamentals Course for Radiological Response Teams, to be presented by the State of Florida, Department of Community Affairs, on December 15-19, 1986, in Orlando, at no cost to the County.

EMERGENCY MANAGEMENT

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Frank Bloom to attend the Introduction to Emergency Management Workshop, in Orlando, on November 17-21, 1986, at no cost to the County.

FIRE DISTRICTS-FIRE DEPARTMENTS/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to install wells at the Okahumpka and Yalaha Fire Stations, at an estimated cost of $3,000.00 each.

ACCOUNTS ALLOWED/MOSQUITO L AQUATIC WEED CONTROL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Jeffery Maxwell, Donald Brown and Franklin Fritzinger, Mosquito and Aquatic Weed Control, to attend the Florida Anti-Mosquito Association Short Course, in Gainesville, Florida, at a cost of $372.00.

CONTRACTS, LEASES L AGREEMENTS/WATER AUTHORITY

Discussion occurred regarding retaining the language, in the Interlocal Agreement between Lake County and the Oklawaha Basin Recreation and Water Conservation and Control Authority, under Item B, second sentence of the paragraph which states, "Prior to submittal of the annual plan to DNR, the Water Authority will review the plan with the County and obtain County approval", which was included in the contract from the County, in that the Board of County Commissioners oversees the use and the ultimate effect of the plan.

Mr. Roger Bornt, Lake County Water Authority, appeared before the Board to inform them that the Lake County Water Authority Board had met on Monday, November 10, and the overall feeling was that the original interlocal agreement between the Lake County Water Authority and the Board of County Commissioners is sufficient for normal operations between the two departments.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Interlocal Agreement between Lake County and the Oklawaha Basin Recreation and Water Conservation and Control Authority, as originally prepared, to be submitted to the Lake County Water Authority, which allows County approval of the plan before it goes to DNR.

ACCOUNTS ALLOWED/RESOLUTIONS/SUBDIVISIONS.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $405,000.00, for performance; acceptance of an Irrevocable Letter of Credit, in the amount of $36,818.18, for maintenance: and acceptance of the following roads in Trails of Montverde Subdivision into the County maintenance system: Quarter Horse Court (3-1855A), Appaloosa Trail (3-1855B), Arabian Way (3-1855) and Thoroughbred Lane (3-1857).

Commr. Smoak declared a conflict of interest, and abstained from the discussion and vote, due to him being a principal in the development.

SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Final Plat of the entrance and Pod L of The Plantation at Leesburg.

BONDS - MOBILE HOMES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for James E. Hilliard, Higley Area, District #5, 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 the approval for the renewal of a mobile home bond for Gary L. Johnston, South Lake County, District #3.

REPORTS/PLANNING DEPARTMENT

At the October 14th meeting of the Board of County Commissioners, the Planning Department requested approval to conduct a "Small Area Study", which would assess the potential for development in a four-mile square area centered at the junction of S.R. 27, C.R. 19, and the Florida Turnpike. The Board granted approval for the study and requested that the Planning Department provide the Commission with monthly progress reports regarding study activities.

Mr. Rudy Marchese, Planning Department, appeared before the Board to bring them up- to-date on the Small Area Study. He distributed a memorandum regarding same.

Discussion occurred regarding the appropriateness of the Gills and Hainey properties for said area, and a zoning recommendation was made for said properties to be held in abeyance, pending completion of the Small Area Study.

No action was required at this time.

DEEDS/RIGHT-OF-WAY, ROADS & EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the following deeds:

Non-Exclusive Easement Deeds

Rolly/Isabella Loudermilk #5-8589 Fisherman's Road

Eleanor A. Anderson #5-8589 Fisherman's Road

Right-of-Way Deeds

Estate of Wm. J. Huffstetler by

Katherine P. Huffstetler #4-5890 Huff Road

Estate of Wm. J. Huffstetler by

Katherine P. Huffstetler,

Wm. J. Huffstetler, Jr.,

James E. Huffstetler #4-5890 Huff Road

PLANNING DEPARTMENT/WATER AUTHORITY/POLLUTION CONTROL

PUBLIC WORKS/REPORTS

Mr. Jerry Annas, Executive Director of Planning & Development, appeared before the Board and gave a presentation on the proposed Wekiva River hydrologic basin rules, using maps showing the areas in question and distributed memorandums giving comments and recommenda- ions for same. He stated that the Planning & Development staff recommends approval of the proposed rules.

Mr. Richard Roof, Acting Director of Pollution Control, appeared before the Board to discuss the stormwater requirements of the Lake County Pollution Control Board Rules Chapter l-6, and the intent and objective of Chapter 17-25, Florida Administrative Code Regulation of Stormwater Discharge.

Mr. Jim Stivender, Engineer, Public Works, appeared before the Board and stated that his only comment was that the rules mention widening of roads in the area and allows for demonstration, so that.if the County does demonstrate, there is a public need for the road-way widening.

Mr. Wilford Lamastus, Pollution Control, appeared before the Board to discuss the recharge areas and the rules regarding same. The County Administrator, Mike Willett, was questioned as to the deadline date for comments regarding the Wekiva Basin rules, and stated that the date was November 24, 1986. It was noted that the staff planned to have their comments heard at the Board Meeting of November 18, 1986.

Mr. Brett States, Florida Forestry Service, appeared before the Board and stated that he had just been notified on November 10th of the meeting, and wished to have more time to review the rules before commenting.

Mr. Charles Lloyd, representing the Advisory Committee for Water Conservation to the Lake County Water Authority, appeared before the Board and stated that the Advisory Committee had met on Saturday, November 8, 1986, and voted unanimously to recommend to the Lake County Board of County Commissioners that they support the Wekiva Basin regulations proposed by the St. Johns River Water Management Board, as it is both a water quantity and quality matter.

Commr. Carson requested that any comments, which are to be submitted to the District by November 24th, be submitted to the Board, in written form, by Tuesday, November 18, 1986.

No action was taken at this time.

POLLUTION CONTROL/WATER AUTHORITY

Mrs. Paulette Alexander, Consulting Engineer to Lake County, and Mr. Bill Dailey, Pollution Control Board, appeared before the Board to discuss the Lake Apopka restoration project and what said project means to Lake County and what Lake County's involvement with said project would be.

Mr. Dailey gave a brief summary of the Lake Apopka study and answered questions from the Board. He also stated that the Pollution Control Board would support any recommendations made by Mrs. Alexander.

Mrs. Alexander stated that the muck farm discharge is the single biggest problem in cleaning up the lakes. She stated that there is no way that Lake Apopka or the Chain of Lakes can be cleaned up and the water quality made any better until the muck farm discharge is addressed. She distributed proposals regarding the Lake Apopka Muck Farms Research Project for the Board's review.

Commr . Smoak stated that the Board should pursue with vigor any propositions for improvement, and submit them to the Lake Apopka Restoration Committee for reimbursement to the County, whether the County is reimbursed or not.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Lake Apopka Research Project, as presented, and directed the utilization of funds from Contingency sources to fund it, and requested that the committee keep the Board informed as to the progress of having participating farmers carry out the project.

Commr. Windram requested the County Attorney to copy Mrs. Alexander on a report received by Commr. Windram from Mr. Phil Edwards, former Pollution Control Director, regarding the same area of interest.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for the Lake County Board of County Commissioners to communicate to the Lake Apopka Restoration Council that the Board feels a priority item in the cleanup of Lake Apopka and the balance of the lakes that abutt Lake Apopka in Lake County, and a solution to the discharge of heavy nutrient waters from the muck farms, and that they participate with Lake County in funding the projects which the Board has approved and direct a greater percentage of their efforts and activities in the prevention area, as opposed to the direction of the majority of their energies into a restoration project.

Commr. Smoak stated that the intent of the motion is to submit said bills as visible evidence of the interest of Lake County in finding a definite solution to the muck farm problems.

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

The County Attorney, Chris Ford, brought to the attention of.the Board problems concerning railroad right-of-ways in Tavares. He recommended that the Board authorize his office to file suit against the railroad to try to resolve said problems with the properties in Tavares.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney's Office to file a "Quiet Title Suit" against the railroad, to acquire the title to two pieces of property in downtown Tavares, needed by the County.

FAIRGROUNDS

Discussion occurred regarding the closing of the Hanson and Libby properties, which are due to be closed within the next approximate thirty days, for the future use of the Fairgrounds.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed the County Attorney's Office to close on the Hanson and Libby properties as soon as possible, possibly within the next thirty days, for future use by the Lake County Fairgrounds.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to reimburse the Lake County Sheriff's Office monies, in the amount of $1,911.35, for expenses incurred in sending Patricia A. Duty, Ann Rasnake and Lindy Igou to Tallahassee, Florida, to attend the Personal Computer Specialists Uniform Accounting and Uniform Payroll Workshop, held at the Capitol Inn, on October 23, 1986 through October 24, 1986, and for the purchase of 85 copies of the Florida Police Advisor, at $11.00 per copy, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-l.

RECESS AND REASSEMBLY

At 11:25 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 postponement of the following cases:

#173-86-3 Albert Kreibick 12/09/86

#174-86-3 Albert Kreibick 12/09/86

Included in the motion was approval of the withdrawal of the following case:

#104-86-2 William G. Haynie

PUBLIC HEARING #167-86-2 Tex A. Merritt

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 C-2 (Community Commercial), according to the revised site plan submitted to the Board for the record.

PUBLIC HEARING #163-86-3 Zom John's Lake Associates

No one present wished to discuss the 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 the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates), with the con-ditions that the developers work out a right-of-way in order for Hartle Road and Hancock Road to be tied into Johns Lake Road.

PUBLIC HEARING #148-86-3 Franklin D. Logenbach

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for rezoning from C-2 (Community Commercial) to LM (Light Manufacturing, Ware-housing, Research or Professional).

PUBLIC HEARING CUP#86/9/6-3 Robert S. Holland

No one present wished to discuss the 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 the request for a CUP in A (Agricultural) for microjet irrigation supplied by Orange County/City of Orlando's Water Conserv II project in citrus groves.

PUBLIC HEARING CUP#86/9/8-3 Gator Pool, Inc.

No one present wished to discuss the 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 the request for a CUP in A (Agricultural) for microjet irrigation supplied by Orange County/City of Orlando's Water Conserv II project in citrus groves.

PUBLIC HEARING CUP#86/9/4-3 Robert J. Hester, III, et al

No one present wished to discuss the 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 the request for a CUP in A (Agricultural) for microjet irrigation supplied by Orange County/City of Orlando's Water Conserv II project in citrus groves.

PUBLIC HEARING CUP#86/9/7-3 R. F. Raidle & Louis Feil

No one present wished to discuss the 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 the request for a CUP in A (Agricultural) for microjet irrigation supplied by Orange County/City of Orlando's Water Conserv II project in citrus groves.

PUBLIC HEARING #190-86-5 John W. Yahle

No one present 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 the request for rezoning from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residen-tial).

PUBLIC HEARING #183-86-5 Fred & Rita J. Masterson

No one present 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 the request for rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING #180-86-5 Judy F. Reisz

Mr. Dwight Davis, representing the owner of said property, appeared before the Board to discuss the request. He stated that the owner was requesting an AR zoning so that the property could be split into three equal size parcels, in order that it might be sold more easily.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING CUP#86/10/1-4 Robert 0. Grantham

Mr. Jerry Anderson, neighbor to Mr. Grantham, appeared before the Board in opposition of the request, due to the fumes and excess dust generated by the heavy equipment trucks.

Mr. Grantham, Petitioner, appeared before the Board and stated that he had purchased an ample amount of cypress mulch to go on the road in order to cut down on the dust.

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 a CUP in A (Agricultural) for home occupation to restore and repair equipment used in a land clearing business, as amended.

PUBLIC HEARING #98A-84-4 Conway D. Kittredge

No one present 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 one year extension of the approved Preliminary Development Plan for PUD #65-84.

PUBLIC HEARING #14A-86-4 Nils Schweizer

No one present wished to discuss the 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 a substantial change to the preliminary development plan for Sorrento Square PUD to include a church.

PUBLIC HEARING #194-86-4 Everett S. Wiqqins

No one present 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 to amend CP (Planned Commercial) to allow a site for sale of cypress mulch.

PUBLIC HEARING #188-86-4 Ronald W. Hylton

No one present 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 R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #186-86-4 Richard L. King

No one present 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 (Agricultural) to RR (Rural Residential).

PUBLIC HEARING #176-86-4 Clyde E. Mostelle

No one present 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) and R-l-7 (Urban Residential) to A (Agricultural), as amended.

PUBLIC HEARING X197-86-4 Roy & Olietha Allee

No one present 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 RR (Rural Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING #191-86-4 George R. McCament, Jr.

No one present 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 R-1-15 (Residential Estates).

PUBLIC HEARING CUP#86/10/2-4 Georqe R. McCament

No one present 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 a CUP in RR (Rural Residential) for home occupation for a real estate office.

PUBLIC HEARING #199-86-4 Robert J. Hester, et al

No one present 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 R-l-7 (Urban Residential) to PFD (Public Facilities District) for a YMCA facility.

PUBLIC HEARING #201-86-6 Igou Groves Trust

No one present 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 the request for rezoning from A (Agricultural) to ER (Estate Residential).

PUBLIC HEARING #181-86-5 Nancy Preis

No one present 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 the request for rezoning from RM (Mobile Home Residential) to RR (Rural Residential).

PUBLIC HEARING #195-86-l Thomas Aciego, et al

Mr. and Mrs. Burl Wiggins, owners of the flea market in Fruitland Park, as well as Ms. Helene Kurshner, vendor at their flea market , appeared before the Board in opposition of the denial. Mrs. Wiggins stated that she did not know why anyone would oppose the flea market , as the vendors do not do anything that would cause any problems for anyone. She also stated that they always cleaned up every day after themselves and kept the flea market very clean..Mr. Earl Rowlette, Commissioner for the City of Lady Lake and a resident of Orange Blossom Gardens, appeared before the Board in favor of the denial, stating that the flea market would be an eye- sore.

Mr. Dewey Burnsed, Attorney, representing Orange Blossom Hills, the developers of Orange Blossom Gardens, appeared before the Board in favor of the denial.

Mr. Jack Nealy, resident of Orange Blossom Gardens, appeared before the Board in favor of the denial.

Mr. Dave Gray, owner of the property next to the proposed flea market, appeared before the Board in favor of the (denial, as he felt that the flea market would depreciate the value of his land.

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 denied the request for rezoning from A (Agricultural) to CP (Planned Commercial) for a flea market.

PUBLIC HEARING #189-86-l Lemuel E. Walker

No one present 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 RP (Residential Professional).

PUBLIC HEARING #196-86-2 Clarence S. Schaffer

No one present 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 denied the request for rezoning from A (Agricultural) to CP (Planned Commercial) for a strip shop-ping center.

PUBLIC HEARING #175-86-2 Arthur L. Carter

No one present wished to discuss the 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 rezoning from RP (Residential Professional) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #187-86-l M. B. O'Kelley

No one present 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 the request for rezoning from RR (Rural Residential) to RP (Residential Professional).

PUBLIC HEARING #179-86-3 Lake County Board of County

Commissioners

No one present 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 the request for rezoning from A (Agricultural) and CP (Planned Commercial) to PFD (Public Facilities District) for a maintenance shop for the National Guard.

PUBLIC HEARING #192-86-3 Billy & Ruby Brewer

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

On a mot ion 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 (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING #193-86-3 Billy & Ruby Brewer

No one present 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 (Agricultural) to CP (Planned Commercial) for a grocery store

PUBLIC HEARING CUP#86/10/3-3 A. Duda L Sons, Inc.

No one present 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 a CUP in A (Agricultural) for housing for agricultural workers.

PUBLIC HEARING #198-86-3 Janet P. Johnson.

No one present 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 RR (Rural Residential).

PUBLIC HEARING #185-86-3 D. Scott Dykehouse & Jim P.

Turner, III

No one present 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 (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING #200-86-3 William F. Smith

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

A motion was made by Commr. Smoak and seconded by Commr. Burhans to overturn the recommendation of the Planning and Zoning Commission and deny the request for rezoning from A (Agricultural) to R-1-10 (Medium Residential) and grant a rezoning to R-1-15.

After some discussion, Commr. Smoak withdrew his motion, with Commr. Burhans withdrawing his second.

Commr . Smoak made a motion which was seconded by Commr. Burhans, to change the rezoning back to R-1-10 and deny the request.

After further discussion, Commr. Smoak withdrew the motion, with Commr. Burhans withdrawing his second.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to postpone the request until December 9, 1986, and directed that the staff contact the petitioner of the Board's decision and why said decision was made.

PUBLIC HEARING #184-86-3 Mary B. Brasher

No one present 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 (Agricultural) to C-l (Rural or Tourist Commercial) or C-2 (Community Commercial).

PUBLIC HEARING #178-86-3 James & Carol Crosby

No one present 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 (Agricultural).

PUBLIC HEARING #182-86-2 John L. Rocker

No one present 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 (Agricultural) to AR (Agricultural Residential).

PUBLIC HEALTH/CONTRACTS, LEASES & AGREEMENTS

Discussion occurred regarding the Public Health building in Leesburg and a recommendation of change in architectural firms and a new contract.

Commr . Deems reminded the Board that the contract had been awarded to the firm of Jones, King & Guernsey; however, Mr. King is hospitalized and unable to perform. Therefore, the Building Committee was recommending that the bid be awarded to the next firm on the list, being John Dickerson. He stated that Mr. Dickerson has agreed to furnish architectural needs on the same conditions and price as Mr. King, which are 6% to a maximum fee of $10.000.00 or to a maximum fee of $7,600.00 (after adding the additional 1,000 sq. ft. approved this date).

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for Mr. John Dickerson to be named the architect for the Public Health building in Leesburg in place of the firm of Jones, King & Guernsey.

BUILDING COMMITTEE/CLERK

Discussion occurred regarding the purchase of the old Post Office building in Tavares to be used by the Clerk for storage.

Commr . Deems stated that the Building Committee had offered $140,000.00, subject to the Board's approval.

No action was taken at this time.

SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Final Plat of Lake Ridge Club subdivision and the acceptance of a Performance Bond, in the amount of $242,644.80.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:00 p.m.

ATTEST

JAMES R. CARSON, JR.; CHAIRMAN

sec/ll-14-86