A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 9, 1982

The Lake County Board of County Commissioners met in Regular Session on Tuesday, February 9, 1982, at 9:00 A.M. in the County Commissioners' Meeting Room, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary Grover, Secretary.

At 9:00 A.M. the Chairman announced the Board would begin their regular Board meeting.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Special Minutes of January 26, 1982, as submitted.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of February 2, 1982, as corrected.

Commr. Smoak stated as he had not been present at the February 2, 1982, meeting, he had a few questions regarding some items taken up at the meeting.

Commr. Smoak's first question was if Mr. C. L. Merritt, District #3, had been reappointed to the Planning & Zoning Commission.

Commr. Windram stated he felt the Board Members which were present had reappointed their districts to serve until such time as the Commission is reorganized. Mr. Watkins informed the Board a letter had been sent to Mike Willett, Development & Public Works Director, which stated the Board had asked that those Planning & Zoning Commissioners serve until reappointed.

Commr. Smoak questioned Commr. Deems on who the County pays the $100.00 charge for the morgue. Commr. Deems stated it was being paid to Lake Community Hospital as it is the only place near the Medical Examiner which has a morgue. He stated the volume is about four to five thousand dollars per year for the morgue charge.

Commr. Windram stated as he was looking into the Ambulance Districts, and if it was the feeling of the Board, he would also look into the possibility of another morgue. Commr. Smoak stated he would like more details on the computerized research device that Mr. Ford, County Attorney, had brought before the Board. He questioned if a dollar figure and time frame would be presented to the Board before final determination was made. Mr. Ford, County Attorney, stated it would be an independent decision from the County Attorney's Office whether to put the machine in, but they have not made any final determination. He further stated the machine would be put in on a trial basis. He stated he had informed the Board it could possibly save money, but he was not certain that it would. He stated he could not give the Board a definite amount; all he could give would be an estimate when he reviews the system. Mr. Ford stated there was a fixed cost for having the machine in the office and then two (2) additional charges--(l) per usage and (2) a search charge for every time the computer is used.

Commr. Carson explained that if the system had not been used for County research during a billing cycle, the County would not be billed a pro-rata share of the fixed cost. The County would only be billed for the time spent on the system for County research.

LICENSES & PERMITS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the additions to gun permits for Douglas C. Lewis and Robert G. Tyre.

REPORTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the January 29, 1982, Distribution of Revenue, Traffic/Criminal Cases.

ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following statements from John S. Dickerson, Architect, Inc.:

Project #l-81, Third Floor Expansion.....................$200.00

Project #5-80, Lake Memorial Nursing Home.......$202.50

BONDS - CONTRACTOR

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board cancelled the following Contractor Bond: #888-82 James R. Mahoney (Electrical).

COMMUNICATIONS

Mr. Watkins, Clerk, informed the Board he had received notice from the United States Coast Guard that a request had been received for an extension of time for commencement and completion of construction located at the Palatlakaha River, mile 28.9, State Road 50 at Clermont, Florida.

CONTRACTS, LEASES & AGREEMENTS/MENTAL HEALTH

Mr. Ford, County Attorney, informed the Board he had two (2) lease agreements between the County and Lake/Sumter Community Mental Health Center for the Rainbow's End Drug Prevention and Treatment Program (housed in the two story white building) and the Treatment Alternatives to Street Crime (housed in the former Hatcher house). He stated each lease has a 60 day termination clause which can be terminated by either party. He further stated the Mental Health Center requested the square footage and fair rental value be placed in the contracts.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the Chairman and the Clerk to sign the two (2) lease agreements with Lake/Sumter Community Mental Health.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Floyd L. Rand - Astatula Area - District #3, to live in a mobile home on the same piece of property on which a conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon completion of the dwelling or upon the request of the Board of County Commissioners.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Dale D. Thornton - East Lake County Area - District #5, to live in a mobile home on the same piece of property a conventional dwelling is being built, subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon completion of the dwelling or upon the request of the Board of County Commissioners.

BONDS - MOBILE HOME - RENEWALS

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the renewal of Mobile Home Bonds for the following:

Tommy Cheatham - Eustis Area - District #4

Sam Dale - Pine Lakes Area - District #4

BONDS - MOBILE HOME - CANCELLATIONS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved cancellation of the following Mobile Home Bonds as the conventional construction dwelling unit has been completed and the mobile homes removed from the property:

Elmer J. and Nora E. Sowden

James and H. Irene Hooper

Eugene J. Masters

POLLUTION CONTROL/PLANNING DEPARTMENT

Mr. Ted Wicks, Pollution Control Director, addressed the Board in regard to the request for a site approval on a wastewater treatment facility for John A. Pringle, Silver Lake Area (Scottish Highlands Planned Unit Development). He stated the development met minimum setback requirements. He stated the Department was recommending approval of this site as proposed. He further mentioned the sprayfield location is an internal location and there will be housing units around the sprayfield, which includes an internal road system. He stated he had received a letter of objection from a property owner living west of the sprayfield on Radio Road.

Commr. Carson informed the audience that letters objecting the sprayfield were received from James & Rosa Newkirk, Frances Kelly, Marvin Mincy, Valentine & Ruth S. Adams, and Rufus & Agnes M. Persley.

Mr. Don Friedman, representing Mr. Robert Lisk, Mrs. Lena Steiner, and Mr. James Daugherty, addressed the Board in opposition to the facility. He stated the copy of the site plan received by the property owners was not accurate with what was being proposed.


Mr. Barkley Hall and Mr. Paul Powers, adjacent property owners, addressed the Board to question where the sprayfield and plant would be located on the property.

Mr. Dick Newman, Engineer for the project, addressed the Board to explain the type of plant and type of treatments that would be placed on the site. He stated the seven day holding pond would be a bermed pond with grass sides. He stated the concrete plant and pond would be partially underground.

Mr. Newman further indicated it would take an almost unbelievable amount of material (which is not located in this area) to throw the type of plant which is proposed off balance. Mr. John A. Pringle, Petitioner, was present to discuss his request with the Board. He pointed out the area which would be developed first (87 lots). Mr. Henry Pringle also addressed the Board regarding this request.

Mr. & Mrs. Robert Tolvo addressed the Board in opposition to the proposed sprayfield. Mr. Tolvo questioned the method of regeneration of the pond. Mr. Ted Wicks, Pollution Control Director, stated the pond is just a detention pond and all treatment would be taken care of in the treatment facility.

Mr. Sam Dickens addressed the Board objecting to the sprayfield being located too close to the cemetery.

Commr. Smoak stated he felt the audience had some misconceptions regarding the sewer treatment systems from the media. He stated he had had some experience with a municipal system; the same type of system as the one proposed. He stated he has not heard of any complaints regarding the odor since it was installed approximately ten (10) years ago. He further stated the bacteria had been lost once in ten (10) years, but had been recovered in three (3) days.

Mr. Ted Wicks, Pollution Control Director, explained the safeguards the Pollution Control Department has if the system does not function to the satisfaction of the agencies. He further explained how the Department anticipates the potential of problems occurring.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the site on the Wastewater Treatment Facility for John A. Pringle, Silver Lake Area.

POLLUTION CONTROL/PLANNING

Mr. J.D. Floyd, Lisbon, was present to discuss his request for a site approval on a Wastewater Treatment Facility.

Mr. Ted Wicks, Pollution Control Director, stated the Department recommended approval.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the site on the Wastewater Treatment Facility for J. D. Floyd, Lisbon Area.

ACCOUNTS ALLOWED/POLLUTION

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Ted Wicks, Pollution Control Director, to attend Public Hearings and Meeting, Environmental Regulation Commission, for rule changes and adoption of new policy in Tallahassee on February 17 and 18, 1982, at an estimated cost of $87.50.

DEEDS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted a right-of-way deed on Radio Road, #l-5433 from Juanita Geraghty.

PUBLIC WORKS/ROADS - SUBDIVISION

Mr. Mike Willett, Development & Public Works Director, informed the Board he had received a request from the residents of Forest Ridge Subdivision, unrecorded, to name the roads in their subdivision. Commr. Burhans stated the Board had a policy in the past that a petition with 100% of the owners was needed in order to name or change the name of roads.

Mr. Willett recommended the Board require 55 percent of the owners to place a new name on the road and 100% of the owners to change the name of the road.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the residents of Forest Ridge Subdivision, unrecorded, to name the roads in their subdivision as follows:

1. Forest Ridge Road

2. Doe Lake Lane

3. Evergreen Road

4. Paradise Lane

5. Shadow Lane

6. Appollo Lane

7. Sweet Bay South

8. Sweet Bay North

9. Oakwood Road

The motion also instructed Mr. Willett to put the road naming procedure into the Lake County Policies.

BIDS/ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board awarded the bid on C-561, Widen and Resurface Design Build Construction, Project #4-82 to Leecon, Inc., in the amount of $323,277.90 (low bid).

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to purchase from State Bid Prices three small ice machines, one for each maintenance district, at an estimated cost of $897.08 each or $2,691.24 total.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared the current ice machines as surplus and directed Mr. Willett, Development & Public Works Director, to dispose of the machines.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board authorized the Chairman to sign the agreement for the rental of a pan for the Landfill.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved travel for Mr. Rod Martin, Assistant to Personnel Director, to attend a seminar for supervisors and first line managers, entitled "How to Avoid EEO Violations On-The-Job" in Orlando on March 23, 1982 at an estimated cost of $136.00 plus use of the county car.

Commr. Smoak was not present for the vote.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Sheriff Griffin to amend the request for the purchase of two base radio units (ll-16-81), an increase of $320.00 bringing the total cost to $2,221.00 plus $150.00 installation. The funds to come from the confiscated funds.

The Board instructed Commr. Windram to check with the Sheriff regarding the licensing of the Sheriff's Department as the FCC did not want to license the Sheriff's Department to transmit on that system as a law enforcement agent.

SHERIFF

Commr. Windram informed the Board the Sheriff withdrew his request for monies for the office rental.

SHERIFF/JAIL

Commr. Windram stated he was not going to request the purchase of the boilers for the combination gas-oil burners be paid out of the confiscated funds. He stated the Attorney for the State Association of Sheriffs stated he feels the request is a capital improvement and not a legitimate expenditure to come from the confiscated funds. Commr. Windram stated the funds would be coming out of County Building Funds.

AUDITS/CETA

Commr. Windram informed the Board a CETA audit for 1978 had been completed. He stated the State disallowed $201,566.00 but the amount had been decreased to $6,045.00. Commr. Windram stated Mr. Flowers, CETA Director, was going to appeal the Final Determination as he concurs with only $23.00 being disallowed.

FAIRGROUNDS

Chief Robert Spears, Eustis Police Department, addressed the Board regarding problems he had with the Lake County Fairgrounds.

Chief Spears stated his department furnished security to the Fairgrounds, especially on Thursdays (Farmers Market). He stated in the past three or four weeks he has had to add additional personnel to control the traffic. He felt his Department should have more notice for furnishing security for various functions. He stated he felt the people putting on the functions should coordinate through the Police Department so the Department would know what was going on.

Chief Spears stated the Eustis City Commission would be writing the Board a letter in regards to the situation.

The Board directed Commr. Windram to work with Chief Spears and the City of Eustis and come back with a recommendation.

ACCOUNTS ALLOWED/COURTHOUSE

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board declared that an emergency existed regarding the waterproofing of the New Courthouse.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved for Western Waterproofing Company, Inc. to waterproof the New Courthouse in the amount of $16,300.00 with P & C Thompson Brother paying $3,985.00 and inform Wester Waterproofing they are required to put up a bond.

COMMUNICATION/LAWS & LEGISLATION

Commr. Carson informed the Board he had received a letter from Mr. Ford, County Attorney, regarding House Bill 324--water and the authority of Counties to condemn lands outside of their own borders. The Board did not take any position at this time.

Commr. Smoak stated Lake County needed to develop its own Ordinance to control the water situation. Mr. Ford, County Attorney, stated a preliminary ordinance is in the process and the rough draft should be finished in the near future.

COMMISSIONERS

Commr. Carson turned the Chair over to Commr. Windram, Vice-Chairman.

TAX COLLECTOR/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to refund two Tax Certificates to Edgar & Betty Newbrough in the amounts of $17.48 and $20.77 (plus any interest) for property in Holiday Haven Campsites.

Commr. Carson was present for the vote and took over the Chair from Commr. Windram, Vice-Chairman.

MEETINGS

Commr. Carson informed the Board there would be a meeting held at the Cassia Community Center on February 16, 1982 at 7:00 P.M. to elect officers to the District #9, Sumter-Electric Coop.

RECESS & REASSEMBLY

At 11:45 A.M. the Chairman announced the Board would recess for lunch with the Commissioners and the Boy Scouts lunching at the Perkins Cafe & Steak. The public and the press were invited on a dutchtreat basis.

The Board reconvened at 2:00 P.M. for Rezoning.

REZONING

PUBLIC HEARING CUP #805-5 CUP in A Harlan L. Paul

Mr. Sherman McGregor addressed the Board in opposition to the Planning Commissions' recommendation for denial.

Mr. Julian Walker, neighbor of Mr. Westmon, addressed the Board stating he was suppose to look at the contract for the excavation of the peat as he had a problem with an item on the contract. Mr. Walker and his lawyer have not had a response from Mr. Paul; therefore, the contract is still unsatisfactory and Mr. Walker still opposes the excavation of the peat.

Mr. Fred Westmon, owner of the land, was present to discuss this case with the Board.

Mr. Jerry Greif, Land Development Manager, stated another objection to the CUP was that the parcel of land is part of a larger watershed.

Mr. Dewey Burnsed, representing Valentine & Company (a similar case), expressed his concern regarding the current ordinances and not the case. He felt the definition of development was important to the case.

Mr. Ed Albetius was present in favor of the recommendation for denial. He stated he is against the rezoning as the excavation would drain the land.

Mr. Ted Wicks, Pollution Control Department, stated he had had additional contact with Mr. Paul and had not received any replies. He stated the Pollution Control Department still had fears regarding the impact of the operation and still objects to the project.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning without prejudice.

PUBLIC HEARING #151-81-l A to CP South Lake Fire District

Mr. Greif, Land Development Manager, informed the Board he had received a call from Mr. Tom Daugherty, attorney representing the South Lake Fire District, requesting the case be withdrawn.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the withdrawal of the case by the Petitioner.

PUBLIC HEARING CUP #638A-4 Amend CUP in A Edward L. Ward

Mrs. Edith Spangler Swanson addressed the Board in opposition to postponing the case. Mrs. Swanson requested the Board revoke the CUP. She stated that since the Planning Commission meeting, Mr. Ward has made no progress to clean up the situation. Commr. Carson informed Mrs. Swanson that the request before the Board was to amend the CUP not revoke it. Mrs. Swanson stated that she did not want the case postponed and that she wanted the issue settled today as the worst time (the heat) is coming.

Mr. Vaughn Buck also addressed the Board in opposition of the postponement. He stated that household garbage, dead chickens, egg cartons, hypodermic needles have been dumped onto another person's property. He stated there were several items found in the garbage that had Mr. Ward's name on it.

Mr. Jerry Sexton, Planning & Zoning Coordinator, stated Mr. Ward was also in violation of Code Enforcement.

Mr. Buck further stated he had no objection to 60,000 chickens in the new houses.


Mr. Troy Piland, speaking for the petitioner, addressed the Board to discuss this rezoning request. Mr. Piland stated there was a misunderstanding on Mr. Ward's part as to the number of chickens he was allowed to have. He stated at the time Mr. Ward applied for the original CUP he already had 30,000 chickens but he was building houses to house an additional 60,000 chickens. Mr. Piland stated Mr. Ward did not want to tear down the old chicken houses. He further stated there was a specialist coming from Gainesville to work with Mr. Ward in relation to the fly problem and the odor problem.

Mr. Ted Wicks, Pollution Control Director, addressed the Board and stated his department became involved when the Amended CUP was applied for. He stated his department had consulted with Dr. Kelly, Agriculture Center, and with Dr. Kelly's help, located entomologists at the University of Gainesville. He stated two men from Gainesville spend their time exclusively with poultry operators. Mr. Wicks stated when the department made their initial investigation, they found a severe fly festation, illegal dumping, and loads of chicken carcasses dumped illegally. Mr. Wicks stated the flies and odors could be controlled. He further stated the carcasses found were buried and had sent six notices to individuals whose materials were found in the illegal dump. Mr. Wicks stated he felt the new houses might be more of a problem than the older houses as far as the management is concerned. He stated the new houses are automatic type systems and have been known to fail.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board overturned the Planning Commissions' recommendation of postponement and approved to consider the case.

Mrs. Swanson addressed the Board to state she was in the foliage business and had to meet strict code enforcements all the time and if one code is not met, then the place is quarantined. She further stated the main concern of the objectioners was the mismanagement of the chicken farm.

Commr. Smoak questioned Mrs. Swanson as to if her concern was that some action be taken immediately to alleviate the problems in management, such as: disposal of the manure, reduction of the fly problem, disposal of the chicken carcasses, etc.

Mrs. Swanson agreed with Commr. Smoak's statement and added that no more chicken be allowed until the farm is managed as it should be. She stated should the management prove satisfactory within a year, then Mr. Ward should be able to apply for more chickens.

Commr. Smoak stated he felt the Code Enforcement Department should proceed with the problem immediately.

Mrs. Swanson stated the neighbors have been complaining about the situation long before November. They have been stating their objections to Mr. Hans Ergmann, Environmental Health.

Commr. Deems stated he felt the current CUP should be enforced (30,000 chickens) and that the management problem has to be straightened out before giving Mr. Ward more chickens.


Mr. Stephen Vaughn, General Contractor in Mt. Dora, informed the Board Mr. Ward had contacted him to build new houses. Mr. Vaughn stated he felt it was not feasible to build new buildings at this time with the old pay schedule for eggs. He stated he would like the Board to give Mr. Ward a six-month extension because Mr. Ward has made an attempt to build houses for the chickens.

Mrs. Edgerton, owner of the land next to the property, was present to state fresh manure has been dumped on another neighbor's property.

Mr. Ward, Petitioner, addressed the Board and stated the neighbor has given him permission to dump the manure on the property. He stated he has asked the Pollution Control Department and the University of Gainesville to teach him how to control the fly and smell problem and he is doing all he can to help the situation.

Commr. Windram made the motion that the CUP be amended to permit the 60,000 existing chickens in the new houses and come into compliance with the old CUP in removing the older structures, and when Mr. Ward's management is satisfactory (6 months or so), he would be able to apply for more chickens. The motion died for a lack of a second.


On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board denied the amendment of the CUP without prejudice and instructed the Code Enforcement to proceed with the situation, without too much regard as to the number of chicken, leaving the old houses as they are, to clean up the area (manure, fly festation, and illegal dumping), and at such time there is an improvement in management or method of handling the manure, Mr. Ward would then be able to appear before the Board with a request to amend his CUP.

Commr. Windram voted "No".

PUBLIC HEARING CUP #218-l Revocation of CUP P & Z Commission

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board upheld the recommendation of the Planning Commission and denied the revocation of the CUP.

Commr. Smoak voted "No".

PUBLIC HEARING #4-82-5 R-1-15 and A to R-l-5 Frank Horvath Imelda Desautels

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-1-15 (Residential Estates) and A (Agricultural) to R-l-5 (Mobile or Mixed Residential).

Commr. Smoak voted "No".

PUBLIC HEARING CUP #480C-1 Amend CUP Steve J. Richey

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

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and amended the CUP to include additional land.

PUBLIC HEARING #7-82-5 A to RR Stephen Vaughn Frederick Andrews

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

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

PUBLIC HEARING #2-82-4 R-l-7 to RP Louis R. Bowen

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family, Residential-Professional).

PUBLIC HEARING CUP #806-3 CUP in M-l Arwood Hollins

Mrs. Nell Taylor, adjoining property owner, addressed the Board in opposition to the rezoning.

Mr. Hollins, Petitioner, was present to answer any questions the Board might have.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and denied the request for a CUP for a mobile home as a caretaker's residence in M-l (Heavy Industrial).

Commr. Burhans voted "No".

PUBLIC HEARING #6-82-l RR to A Gordon K./Wade T. Hardaway

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

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

PUBLIC HEARING #5-82-l A to CP Northwest Lake Fire District

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agricultural) to CP (Planned Commercial).

PUBLIC HEARING CUP #147A-2 Amend CUP Amy McClain

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the request to amend the CUP to delete property and to allow 2nd existing mobile home.

PUBLIC HEARING CUP #808-2 CUP in A Valentine & Company

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until March 9, 1982, at 2:00 P.M. or soon thereafter as possible.

PUBLIC HEARING CUP #268-3 Revocation of CUP P & Z Commission

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

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the revocation of the CUP.

PUBLIC HEARING #3-82-3 R-l-7 to A William H. Ivey

Mr. William H. Ivey, Clermont, was present to answer any questions the Board might have. Mr. Ivey stated his land is a full five acres.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING CUP #807-4 CUP in RR City of Mt. Dora

Mr. William Farmer, City Manager of Mt. Dora, addressed the Board in opposition to the recommendation of denial. He stated the City was attempting to improve the operation of the perculation ponds. He stated they were requesting the area be expanded two acres and were not requesting an increase in the capacity of the facility. He further stated the improvements which he was requesting could be performed on the already existing 23 acres of land.

Commr. Smoak questioned Mr. Ted Wicks, Pollution Control Director, if there could be any damage done in granting this CUP, if they were not increasing the flow and it was relieving some of the hydrologic load on the groundwater system in moving it some place else. Mr. Wicks stated the only problem he could anticipate would be by applying additional loading to the 2 acres the off-site water level table might be raised.

Mr. Wicks, Pollution Control Director, stated the Pollution Control Board had reviewed the concept and made no recommendation in favor or against the request.

Mr. Reid Martin, Lake Saunders, addressed the Board in favor of the denial.

Mr. John Rich, Jr. addressed to Board to state that on December 14, 1981 he had checked the water in the test well on his property. When he checked the test well on December 18, 1981, the water had risen 13 1/2 inches within four (4) days. He further stated that discussion at the Planning Commission meeting had pointed out that as the present ponds were not under a CUP, approval of the CUP for two (2) acres would set a precedent for the ponds that are there.

Mr. Charles Conover, property owner on the south side of the proposed site, addressed the Board in favor of the denial.

Commr. Smoak questioned if Mr. Conover would be agreeable if the CUP could be issued for experimental basis and had a time limit placed on it. Mr. Conover stated he agreed with Commr. Smoak as long as there was no further digging and the time limit was short.

Mrs. Belva Codding was present and read a letter objecting to the rezoning from Dr. Tully C. Patrowicz. She further stated she also objected to the rezoning.

It was pointed out earlier in the meeting that the site on which the sprayfield is located was a temporary location.

Mr. James Connor, Lake Saunders, stated the plant has been a temporary problem for eight (8) years and feels something permanent should be done regarding the situation. He further stated the Board should take the necessary steps to support the Planning Commission.

Commr. Smoak informed the Board he had written a letter to the Department of Environmental Regulations after the last meeting with the City of Mt. Dora. He stated DER, along with Mr. Wicks, performed a study, a copy of which has just been received. He stated that there were problems with that disposal site. He felt the Board should not condone the continued expansion of that site under the present conditions; but, would favor a CUP for experimental purposes only.

Mr. John Rich, Sr. addressed the Board in objection to the rezoning. He stated the City has three empty ponds, two of which are completely dry. He questioned why the City could not pump the disposal into the two dry ponds. Mr. Farmer explained, that in order for the site to function correctly, one area should be wet and let the other dry out and vice-versa after a period of time.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the CUP in RR (Rural Residential) for Rapid Infiltration Basins.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:15 p.m.

JAMES R CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK

mcg 2-11-82