BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 13, 1987

The Lake County Board of County Commissioners met in regular session on Tuesday, October 13, 1987 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: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.: James R. Carson, Jr.; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: Katherine A. McDonald, County Administrator's Assistant; and Toni M. Austin, 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. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of October 6, 1987, as corrected.

BONDS - CONTRACTOR

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

New

0112-88 Wittig Equipment Co., Inc. (Elec. Air Cond. & Heating)

1136-88 Dan Sperry d/b/a Lake Co. Septic Tank Service, Inc.

(Septic)

1153-88 Terry L. Wolters d/b/a Southern Metal Bldg. Co. (General)

1689-88 John C. Hofmeister (Building)

1737-88 Reid Thomas d/b/a Thomas Air Conditioning & Heating, Inc.

(Heating & Air Conditioning)

1904-88 John Foster (Plumbing)

2004-88 Robert Clouse d/b/a Bob's Plumbing (Plumbing)

3057-88 Chris Bahr d/b/a Chris Bahr Plumbing (Plumbing)

4055-88 Richard L. Hill d/b/a Hill's Quality Plumbing Inc.

4098-88 Stanley E. Dollen d/b/a S. E. Dollen, Inc. (Electrical)

4160-88 Charles D. Hulme d/b/a Hulme Construction (Class B)

4170-88 Russel S. Hoffman d/b/a Classic Construction & Design

(Residential Building)

4291-88 Jerry Rhode d/b/a Jerry's Pool Service (Swimming Pool)

4369-88 William B. Davis (Building Contractor)

4397-88 Contemporary Roofing of Central Florida, Inc. (Roofing)

4419-88 Nelson Morrow d/b/a Morrow Electric, Inc. (Electrical)

4536-88 Michael R. Peltz (Plumbing)

4537-88 Willie R. Williams (Electrical)

Cancellations

1613-87 John Brunson d/b/a Clyde Brunson and Sons Electrical

Contractors (Electrical Contractors)

4153-88 Paul E. Bordeau d/b/a Bordeau Plumbing

4440-87 Otto J. Stangl d/b/a Telstar Plumbing

4441-87 Alejandro R. Stangl d/b/a Electrical Specialty Co.

ACCOUNTS ALLOWED/TAX COLLECTOR

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the check from T. Keith Hall, Tax Collector, in the amount of $192.86, for unclaimed redemption monies, in accordance with the provision of Chapter 197.473, Florida Statutes.

REPORTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the following weeks:

September 25, 1987 ($15,461.80)

September 30, 1987 ($17,205.48)

Commr. Carson was not present for the vote.

BUDGETS/RESOLUTIONS/WATER RESOURCES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Southwest Florida Water Management District Resolution No. 901, Adoption of the Final Budget for the Fiscal Year 1988.

ACCOUNTS ALLOWED/COURTS-JUDGES

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

Satisfaction of Judgment, in the amount of $50.00, Case No. 87-581-CJ, Shannon Ward, Charles Ward and Joyce Ward, her parents.

Satisfaction of Judgment, in the amount of $50.00, Case No. 87-657-CJ, Robert Glen Meyer, Robert Meyer and Jean Meyer, his parents.

ACCOUNTS ALLOWED/ASSESSMENTS

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

Mt. Plymouth Sec. A

Virginia M. Lemmons $1,275.40

Robert K. Harrison & Kathleen M.

Harrison 594.88

Robert K. Harrison & Kathleen M.

Harrison 687.99

Richard J. Rippy 464.00

Emma Evelyn Robinson and Stephanie

Lyn Leonard 455.50

Richard J. Rippy 464.00

Glenn F. Sisson 586.00

Colista A. Shaw 547.50

Braxton Burt 547.50

Herbert & Ardis Brown 547.50

Western Shores Subdivision

Barbara Ann Love $ 709.76

Barbara Ann Love 726.79

Barbara Ann Love 447.61

Barbara Ann Love 709.76

Barbara Ann Love 775.05

Barbara Ann Love 1,349.24

Barbara Ann Love 1,365.57

Barbara Ann Love 422.07

Barbara Ann Love 678.53

Barbara Ann Love 516.86

Barbara Ann Love 764.91

Barbara Ann Love 749.62

Barbara Ann Love 710.37

Barbara Ann Love 1,070.89

Barbara Ann Love 770.37

Barbara Ann Love 1,016.25

Barbara Ann Love 764.91

Barbara Ann Love 715.74

Barbara Ann Love 830.49

Barbara Ann Love 487.35

Pine Lakes South Subdivision

Olive Wheeler $1,259.15

COUNTY ADMINISTRATOR'S AGENDA

CONTRACTS, LEASES & AGREEMENTS/DEVELOPMENT/RESOLUTIONS

Mr. Michael C. Willett, County Administrator, informed the Board of a request from Development Coordination for agreements, with regards to the construction and maintenance of the railroad crossing for the Lake Dora RV Park.

Mr. Michael Szunyog, Director of Development 'Coordination, was present to discuss the request with the Board. He stated that Mr. Fritch, General Partner, Lake Dora R.V. Resort, Ltd., presented him with an Addendum to the Agreement, dated April 8, 1985, which had been reviewed by Mr. Sandy Minkoff, County Attorney's Office. Mr. Szunyog stated that the original Agreement stipulated that the developer would agree to fund the maintenance of the railroad crossing at the park entrance, including reclassifying the signalization. Mr. Szunyog referred to Resolution 1986-19 of the Board of County Commissioners of Lake County, Florida, approving the location of a railroad highway crossing at State Road 561 and State Road 19; agreeing to maintain said crossing, pavement markings and traffic control signals. The Addendum states that Joe E. Hill; and Joe E. Hill, as agent for Lake Dora R.V. Resort, Ltd., agrees to provide all monies necessary for the construction and improvement of said railroad crossing, according to the original agreement, and further agrees to provide all cost of maintenance and repair, as required by said agreement.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Agreements, with regard to the construction and maintenance of the railroad crossing, for Lake Dora RV Park.

APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL

Ms. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the appointments to the Private Industry Council for 1987 - 1989.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following appointments to the Private Industry Council Board:

Mike Conley Gena Swartz

Linda Every John McCoy

John Smith Dr. Bruce Staff

Janice McMullen Jim Lowe

Carol Perez Joseph Holmes

Rich Ridinger John Weed (Alternate)

Jody Phillips

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Eric Cotsenmoyer, Mosquito/Aquatic Plant Management, to pick up the surplus Todd Thermal fogger unit, from Florida Health and Rehabilitative Services, in Panama City, in the amount of $195.00.

LIBRARIES/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for a resolution allowing an expenditure of not more than $25.00 of County funds, to award retiring board members with a token gift, in appreciation of service, and authorized the proper signatures.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase an IBM Wheelwriter, under State contract, at a cost of $600.00, for the Personnel Department.

APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Code Enforcement Department, to reappoint Rick Weber, as the contractor representative on the Code Enforcement Board, with a term to expire October 31, 1990.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Planning Department, for Fran Stallings to attend the Land Acquisition Selection Committee Meeting, of the Florida Department of Natural Resources in Tallahassee, on October 13-14, 1987, at a cost of $150.00.

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for a Refuse Franchise, for A-l Septic Tank Service.

DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS

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

James R./Judith Botti #3-2035 Apshawa Road

Kenneth/Linda Williams #3-2439 S. Buckhill Road

Arthur/Ruth Redwanz #3-2439 S. Buckhill Road

ACCOUNTS ALLOWED/WELFARE DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase phones from Mid-Florida Telephone, in the amount of $2,058.00, for the Welfare and Social Service Offices in Tavares.

PLANNING DEPARTMENT/SUBDIVISIONS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the final plat for Clermont Countryside Acres.

ACCOUNTS ALLOWED/FAIRGROUNDS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request for payment to Mr. Jozef Van Den Bogaert, a fee of $65.00 per acre, for the clearing of 27 additional acres, at the Expo Center site.

Commr. Deems was not present for the vote.

LAWS AND LEGISLATION

Discussion occurred regarding the County's proposed referendum for an additional one-cent sales tax, and the Bill being discussed with the Legislature.

Mr. Chris Ford, County Attorney, informed the Board that the Bill and amendment, regarding the one-cent sales tax, have been signed and vetoed, by the Governor, with the one-cent still in full force. Mr. Ford advised the Board to continue forward with the referendum. He stated that he had communicated with Mr. Phil Blank, Lobbyist, who informed him that a bill would be introduced today, that would repeal the service tax, giving one-cent of an additional general sales tax; one-half of which would be allocated to the State, and one-half of which would be allocated to the local governments. He stated that the Senate version has only a majority vote, of the County Commissioners, and the House version would be an extraordinary vote, of the County Commissioners.

Mr. Ford advised the Board to continue to be prepared to present the issue on the November 3, 1987, ballot.

Commr. Smoak stated that the County might consider options of postponing the action presented on the referendum, due to the media stressing the issue, within the Legislature, regarding the one-cent sales tax.

Commr. Windram stated that every action was taken that was necessary to inform the Legislature of the County's position, regarding a November 3, 1987, referendum, for a one-cent sales tax.

Mr. Ford informed the Board that, according to the lobbyists, the service tax was going to produce essentially more money, for local governments, than the one-cent or even the one-half cent general sales tax.

It was the consensus of the Board, that the issue of the one-cent sales tax should not be placed on the November 3, 1987, ballot, due to the time frame involved in presenting a fair educational program to the public, for a clear understanding of the issue.

Mr. Ford suggested not taking the issue off the ballot, until some time next week, so that the information received this week, from the Legislature, could be reviewed.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board authorized the County Attorney's Office to investigate and pursue what is necessary, for this Board to remove from the November 3, 1987, ballot, the question of the local option sales tax; and that this be an agenda item, no later than next Tuesday, October 20, 1987, or earlier, if felt necessary by the Chairman.

Commr. Burhans was not present for the vote.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, Jr., for the purchase of a refrigerator, for the jail, with the funding coming from the appropriate account.

MUNICIPALITIES/RIGHT-OF-WAYS, ROADS AND EASEMENTS

Commr. Windram discussed with the Board the old cemetary in Eustis, located behind Lowe's. He stated that a request had been made years ago, for County assistance, to improve the road going into the cemetary. He stated that the Cemetary Association did not have proper legal access. Commr. Windram stated that a request was now being made, by the Cemetary Association, for assistance in securing the legal right-of-way and improving the road.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the Administrative staff to assist the Cemetary Association in securing the proper right-of-way, from the property owners, as recommended by the Chairman.

RECESS & REASSEMBLY

At l0:15 a.m. the Chairman announced that the Board would recess until 11:OO a.m.

COMMITTEES/CONTRACTS, LEASES AND AGREEMENTS/FAIRGROUNDS

Mr. Rudy Marchese, Director of Planning, appeared before the Board, to discuss the contract with Glatting, Lopez, Kercher, Anglin, Inc. (GLKA), for conducting a marketing study, relevant to locating an Expo/Civic Center complex, on County-owned property, at 19/27/Florida's Turnpike.

Mr. John H. Percy, Project Manager, GLKA, Inc., appeared before the Board to discuss the project. He stated that the study will include any possible use of the proposed facility, and will be conducted in three phases, within a five month period. Mr. Percy stated that an oral presentation will be made at the end of each phase along with a report.

Mr. Bill Owen, Market Research and Financial Analyst, RERC, appeared before the Board to discuss the approach which will be used, to construct the proper facility, for Lake County. He stated several steps would be involved, in the development of the facility, as follows: data collection; a competitive analysis/market area profile: and financial feasibility.

It was noted that Mr. Marchese was in the process of advertising for members, for a Recreation Committee, for the Comprehensive Plan.

Mr. Marchese stated that page five, of the Request For Proposal (RFP), addressed the questions regarding the demographic attributes, in relation to the proposed facility. He further stated that additional monies and extended work effort could be added to this agreement, rather than having to write another contract.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Agreement, between the Board of County Commissioners and Glatting, Lopez, Kercher, Anglin, Inc., subject to the approval by the County Attorney.

Commr. Burhans discussed the position of the Tourist Development Council, on the options available, for a third cent Tourist Development Tax.

Commr. Smoak suggested that Mr. Willett submit to the Board a memorandum, on the options available, for a third cent Tourist Development Tax.

ACCOUNTS ALLOWED/COMMITTEES/COUNTY PROPERTY

Mr. Chris Ford reported to the Board that the Building Committee had met and recommended to the Board the purchase of the Simm's property (two lots), on Main Street, in the amount of $51,000.00. He stated that the original appraisal was in the amount of $51,000.00. A contract had previously been presented, in the amount of $71,000.00, but never executed. A new contract has been prepared, for the Board's approval, in the amount of $51,000.00.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board authorized the purchase of the property, as stated, in the amount of $51,000.00, with funds from the proper account.

Commr. Burhans was not present for the vote.

RECESS & REASSEMBLY

At 11:45 a.m. the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.

ZONING

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

Postponements

#140-87-5 Terry DeSantis 1-12-88

#149-87-4 Leslie Deatherage 11-10-87

#134-87-3 Ranjit Basi 11-10-87

#145-87-l Phyllis McOmber 11-10-87

#153-87-5 Morain Coating & Cons. 11-10-87

#152-87-3 James Herlong 11-10-87

Withdrawals

#136-87-3 Franklin Logenbach

PUBLIC HEARING #128-87-5 A to PUD John B. Whitaker and

O. C. May

Mr. David Clapsaddle, Principal Planner, informed the Board that the Planning and Zoning Commission recommended approval for five duplexes, on the clay easement. If seven duplexes are constructed, the road would have to be paved.

Mr. Dan Robuck, Attorney representing the applicant, appeared before the Board to request a deletion of the west 310 feet, from the legal description of the PUD, because it is not economically feasible to pave the roads.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to delete the west 310 feet, as requested by Mr. Robuck.

PUBLIC HEARING CUP#87/9/3-5 CUP in AR Eldred J. Duvall

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 the request for a CUP in AR (Agricultural Residential), for a nursery and for the making of plant sleeves.

PUBLIC HEARING (CONT'D.) #128-87-5 A to PUD John B.

Whitaker and O. C. May

The Board discussed action taken previously on the above request.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to revoke CUP #728-5 and #728A-5, and approved rezoning from A (Agricultural) to PUD (Planned Unit Development), as amended.

PUBLIC HEARING CUP#638C-4 Amend CUP #638B-4 Edward L. Ward

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

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP #638B-4, to delete land.

PUBLIC HEARING #141-87-4 A to R-l-7 Bryan Miller

Mr. Miller, the applicant, appeared before the Board to discuss the request. He stated that it was his understanding that the portion of property, on the golf course, would be R-1-15. The remaining four and one-half acres would be divided, with two and one-half acres R-17 and two acres R-l-7. He stated that it was his desire to have the five acres remain agricultural, with the west four and one-half acres, of the parcel, R-1-15.

Commr. Smoak made a motion, which was seconded by Commr. Deems, to uphold the recommendation of the Planning and Zoning Commission and approve the rezoning, on the westerly four and one-half acres, to R-1-15, and with the Board concurring with the desire of the petitioner to leave the remaining balance of the easterly portion (five acres), as currently zoned, and take no action.

Mr. Miller presented the history of the purchase and development of the parcel of property.

At this time the Chairman called for a vote on the motion, which was carried unanimously.

PUBLIC HEARING CUP#87/9/2-4 CUP in A Linda C. Turner

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for a home occupation, for a beauty salon, on the site.

PUBLIC HEARING #148-87-4 A to RR Deb-Su-Cin Ltd.

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

PUBLIC HEARING #139-87-4 RR to R-1-15 Lloyd Atkins

The Board was informed that the County staff recommended approval of this request, and the Planning and Zoning Commission recommended denial.

Mr. Lloyd Atkins, applicant, appeared before the Board to discuss the request. He stated that there were concerns expressed regarding the property being a flood area and a traffic hazard. He stated that the flood maps indicate that this is not a flood area, and he agreed to install a common driveway for both parcels. Mr. Atkins stated that Lot A would be approximately 18,000 square feet, and Lot B would be approximately 15,000 square feet. He discussed the zoning within the surrounding area.

Mr. Charles Inman, spokesman for the East Crooked Lake Property Owners Association, appeared before the Board, in favor of the recommendation, for denial of the request.

Ms. Aileen Miller, adjoining property owner, appeared before the Board in favor of the recommendation for denial. She stated that the property could only accommodate one home; that the parcel is steep, sloping, and mushy. She further stated that the surrounding parcels are one acre lots.

Mr. Richard Mulling, representing many property owners within the area, appeared before the Board in opposition to the request for rezoning. He addressed the environmental issue, in regards to the request.

Ms. Nancy Abbott, a member of the area's property owner's association, appeared before the Board in favor of the recommendation for denial of the request. She stated concerns involving the preservation of the environment, the opening to Carlton Village, and the steepness of the land in discussion.

Mr. Atkins presented the Board with honeycutt plats, to review the property within the area.

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

PUBLIC HEARING #142-87-3 A to RR James W. Moore

Mrs. Moore, applicant, appeared before the Board to discuss the request for rezoning. She stated that she had originally requested five one-acre lots in RR (Rural Residential).

No one present wished to appear in opposition to the request.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING-#137-87-3 R-l-7 to A David R. Harmon

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

PUBLIC HEARING #138-87-3 R-l-7 to A Melvin Moore, Jr. and

Melvin Moore Sr.

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

PUBLIC HEARING CUP#385E-3 Amend CUP#385C-3 Florida Crushed

Stone Co.

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#385C-3, to add additional land, for expansion of the sand mine, with the amendment that the applicant shall fence all of the existing mining area, except adjacent to Silver Sand.

PUBLIC HEARING #135-27-3 A to PFD Open Door Baptist Church

Mr. Bruce Stewart was present to discuss this request with the Board. He stated that the original site plan submitted included two RV hookups. At this time, he requested that the hookups be approved.

It was the feeling of the Board that it would not be a proper policy to allow a permanent hookup in a PUD, because this was not the intention of this type of district.

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

PUBLIC HEARING CUP#87/9/1-2 CUP in A Raymond Langston

Mr. Langston, applicant, appeared before the Board to discuss the request. He stated that the County staff recommended approval of the request, but the Planning and Zoning Commission recommended denial. He stated that the hog farm has been on this property since 1985. The request for the CUP was in order to comply with the proper zoning. Mr. Langston presented the Board with copies of the Florida Statutes, pertaining to Public Nuisance, for review.

Mr. Scott Wynn appeared before the Board in favor of the denial of the request. He discussed the County's policies, regarding notification to the surrounding property owners. Mr. Scott stated that his property is approximately one-half mile north of the property being discussed.

At this time Commr. Windram discussed the County's policies regarding notification to the surrounding property owners, which go beyond the requirements of the Florida Statutes.

Mr. Wynn stated that Mr. Langston's property is within one-quarter mile of the city limits, of Mascotte. He further stated that the approval of the request would have an adverse effect on the surrounding property value. He felt that Mr. Langston was in violation of the County Ordinance, and should be cited by the Code Enforcement Board, and that the environmental concerns should be addressed.

Ms. Jane Geraci appeared before the Board in favor of the denial of the request. She stated that she was not in opposition to a hog farm, but only for a hog farm in this particular area, where it is close to the city limits of Mascotte, and where homes are being built.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), for a hog farm.

PUBLIC HEARING #147-87-3 A to PFD Lykes Brothers

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a wastewater treatment plant and effluent percolation ponds.

Commr. Burhans was not present for the vote.

PUBLIC HEARING #150-87-2 R-1-15 to A Roger W. Conner, Jr.

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-15 (Residential Estates) + CUP#846A-2, for PUD (Planned Unit Development), to A (Agricultural), for a nursery.

Commr. Burhans was not present for the vote.

PUBLIC HEARING #143-87-2 A to MP T. Goodwin & D. Wall

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

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to MP (Planned Industrial), and for the expansion of the painting facility, to be approximately 30 feet behind the existing building.

Commr. Smoak was not present for the vote.

PUBLIC HEARING #144-87-l A to RR Harold Long

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

PUBLIC HEARING CUP#959A-5 Amend CUP#959-5 Light & Life

Chapel of the Free Methodist Church

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#959-5, to add a mobile home, for the dwelling.

PUBLIC HEARING #154-87-5 RR to PFD City of Leesburg

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to revoke CUP#718-5, and rezoning from RR (Rural Residential) to PFD (Public Facilities District).

PUBLIC HEARING #146-87-l Amend CP John & Bonnie Darrow

Ms. Debbie Hall, Lake Land Planning, was present to discuss this request with the Board.

PUBLIC HEARING #151-87-l C-2 to CP Lonnie Orns

Mr. Roy Jones appeared before the Board to discuss this request for rezoning. He stated that he did not oppose the muffler shop or the growth, but was concerned with the setback requirements. He stated that, should the setback requirements be changed, he wanted the request to go back through the County process.

Ms. Debbie Hall, Lake Land Planning, representing the applicant, stated that this condition was placed in the CP.

Ms. Hall requested a change in the wording under Section A. Land Uses as follows: "Use of the site shall be limited to an automotive service center as indicated on the preliminary site plan and other C2 uses upon site plan on approval."

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the amendment, as requested by Ms. Hall.

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

ELECTIONS/LAWS AND LEGISLATION

Mr. Chris Ford, County Attorney, informed the Board that Mr. Phil Blank, Lobbyist, called him and stated that the information received from the Senate and Finance Tax Committee, gives an increase in the sales tax three-quarters of a cent; one-quarter for local government, and another one-quarter for local government by local Board action. He stated that this has been amended.

Mr. Michael C. Willett, County Administrator, stated that Ms. Kathy McDonald, County Administrator's Assistant, had contacted Seminole County, who is going to have a special meeting on Monday concerning this issue. Seminole County's Attorney has researched taking this issue off the ballot. Ms. McDonald has forwarded this information to Mr. Ford, for his review.

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

THOMAS J. WINDRAM, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/lO-15-87