A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 14, 1982

The Lake County Board of County Commissioners met in regular session on Tuesday, December 14, 1982, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Courthouse, Tavares, Florida. Commissioners present at the meeting were: James R. Carson, Jr., Chairman: Thomas J. Windram; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present at the meeting were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: and Mary C. Grover, Secretary.

The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Burhans.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Special Minutes of December 3, 1982, as submitted.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of December 7, 1982, as submitted.

ACCOUNTS ALLOWED/SHERIFF

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request from Sheriff Griffin to reimburse the Lake County Sheriff's Department in the amount of $8.00 for the EVOC Driving School held at the Daytona Beach Community College which was attended by Deputies Whitiker and Blakely (Lake County Ordinance 1982-l).

Commr. Deems was not present for the vote.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Sheriff Griffin for reimbursement to Van Alton Melvin, Sheriff's Department, in the amount of $50.00 for attending the Advanced Fingerprinting School, held at Mid-Florida Technical Institute (Lake County Ordinance 1982-l).

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $113.80 to reimburse Denny Chisholm, Investigator, for courses attended (Lake County Ordinance 1982-l).

ACCOUNTS ALLOWED/PERSONNEL

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of an IBM Selectric III, Correcting Typewriter, for Personnel Department, off State Contract in the amount of $876.00.

BIDS/PURCHASING

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to extend County Bid #210-016-82/83 for Filled Rip Rap Bags with Golden Triangle Builders Supply, Mount Dora, Florida, through February 28, 1983, at the current prices.

COUNTY PROPERTY/CONTRACTS, LEASES & AGREEMENTS

Mr. Watkins, Clerk, addressed the Board to discuss the following quotes received from Fruit Companies for the picking of fruit in County groves.

1. Langley Fruit Company would pick the fruit by 90-lb weight boxes and pay $3.00 per weight box.



2. Marion Johnson Fruit Company would pick the fruit by 90-lb weight boxes and pay $.95 per weight box.



Commr. Burhans moved to award the contract to Langley Fruit

Company. The motion failed due to a lack of a second.

Discussion continued regarding the quotes received.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board awarded the contract to Langley Fruit Company to pick fruit in County Groves at $3.00 per box and stipulated that Langley Fruit Company inform the County when they begin picking.

JAIL/BUILDING COMMITTEE

Mr. Watkins, Clerk, informed the Board he had received an estimate from Mr. Donald Smalt, Administrative Services Director, on the cost of repairs to the Jail to meet the Fire Safety Survey Report. Be stated the estimated total cost for repairs to the Jail should not exceed $9,500.00.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Building Committee to negotiate and to contract for necessary repairs as expeditiously as possible based upon the Fire Marshall's report.

JAIL

Mr. Watkins, Clerk, informed the Board he had received a memorandum from Mr. Donald Smalt, Administrative Services Director, regarding the commercial clothes washer in the Jail. Be stated that the washing machine is in need of repair and a new one would cost approximately $18,000.00. He stated the following were options to repair:

completion in 4-5 weeks @ 17% replacement cost.

2. Ordering replacement parts by truck freight and Courthouse Maintenance Department performing repair work would cost $2,538.15, with work completion in 3-4 weeks @ 14% replacement cost.



3. Ordering replacement parts by air freight and Courthouse Maintenance Department performing repair work would cost $2,718.15, with work completion in 1-2 weeks @ 15% replacement cost.



Mr. Watkins further informed the Board that this was not a budgeted item. Discussion occurred regarding the warranty on the repair work. Mr. Watkins stated he would check on the warranty for the repair work and would report back to the Board.

BONDS - CONTRACTOR BONDS

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

NEW

204-83 Ronald M. Allen d/b/a Lake Glass Company

1829-83 William K. Smith d/b/a D & C Masonry

3082-83 Ronnie L. Munson

3083-83 Robert Prescott Electric, Inc.

3085-83 George R. Clark, Jr.

CANCELLATIONS

1132-80 James K. Skipper

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 November 30, 1982.

BUDGETS/FIRE DISTRICTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board acknowledge receipt of the 1982/83 budget for the Northwest Lake County Fire District.

CLERK/COURTS-JUDGES

On a motion by Commr. Windram, seconded by Commr. Smoak and

carried unanimously the Board approved and authorized the

Chairman and the Clerk to sign the Satisfaction of Judgment for Charmin K.Reynolds , Case #82-14,660TT40, in the amount of $125.00, (Traffic Division)

CONTRACTS, LEASES & AGREEMENTS/AMBULANCES-HOSPITALS

On a motion by Commr. Deems, seconded by Commr. Burhans and

carried unanimously, signature authorization was given for the Chairman to sign the contract between the State of Florida, Department of Law Enforcement Medical Examiners' Commission and Lake County for Medical Examiner Funds in the amount of $15,158.00 for 1982/83.

CONTRACTS, LEASES & AGREEMENTS/NURSING HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the contracts between Lake Memorial Nursing Home and James Lombard, Pharmacist; and Lake Memorial Nursing Home and Florida Physical Therapy.

FIRE DISTRICTS/COUNTY PROPERTY

Mr. Mike Willett, Development & Public Works Director, informed the Board he had received a request from the Bassville Fire District to lease County owned property on U.S. 441 by the Leesburg Airport.

Mr. Charles Blymyer, Bassville Fire District, addressed the Board to discuss the possibility of trading the property on U.S..441, should the County give the property to the Fire District, for property located in the Sunnyside area and would receive $50,000 in cash.

Mr. Ford, County Attorney, stated he did not see any problem with the County giving the Bassville Fire District the property located on U.S. 441 as they are another governmental agency.

Mr. Blymyer stated the purpose of building another station would be to reduce the fire insurance rating over in that area.

Discussion occurred regarding selling the property to the highest and best sale possible should the County determine they do not have a need for the property.

It was noted that there were no legal problems to the request, but that there might be some policy problems as this was the first time a specific request of this nature had been received.

It was pointed out that should the Fire District disband, then the ownership of the building and property would revert back to the County.

Discussion occurred regarding the possibility of trading the property and then the gentleman making a $50,000 contribution to the Bassville Fire District.

Commr. Burhans made a motion to give the piece of property to the Bassville Fire District. Commr. Carson stepped down from the chair and turned the chair over to Commr. Windram, Vice- Cairman, to second the motion.

Commr. Burhans withdrew his motion and Commr. Carson withdrew his second.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board postponed action on the request from the Bassville Fire District.

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

ASSESSMENTS/RESOLUTION

At 1O:OO a.m. the Chairman announced the advertised time had arrived for the Public Hearing regarding the assessment roll for Sparks Village Subdivision (Margaret Drive, Mark Avenue, Elizabeth Avenue, and Memory Lane).

Mr. Mike Willett, Development & Public Works Director, informed the Board that the paving of the roads has been finished. He further stated there was a problem on Lots 37 and 38. He stated that the title search and original plat had indicated that there was approximately 43 feet more on Lot 38 than there actually is. He further stated that according to the Property Appraiser's Office and the Title Company the 43 feet is not included in Lot 38. He recommended the Board delete the 43 feet from the assessment on Lot 38 and have the County pick up the $134.16 as there is no apparent property owner.

Mr. & Mrs. Willever, Lot 38, informed the Board that they were satisfied with the recommendation of the Public Works Department.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to amend the preliminary assessment roll on Number #25, Robert R. & Lorraine Willever, by reducing the assessment from $614.92 to $480.76, a total reduction of $134.16.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted the amended assessment roll.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the Resolution accepting Margaret Drive, Mark Avenue, Elizabeth Avenue, and Memory Lane into the County Maintenance System.

FIRE DISTRICTS/COUNTY PROPERTY

Discussion continued regarding the request from the Bassville Fire District to trade the County owned property on U.S. 441 by the Leesburg Airport for land in the Sunnyside Area.

The Board directed Mr. Ford, County Attorney: Mr. Willett, Development & Public Works Director; to work with Mr. Blymyer, Bassville Fire District; and the attorney for the Bassville Fire District, and come back to the Board with recommendations.

PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the Chairman to sign the agreement to rent a Model G660 Warner Swasey Gradall for one month at a total cost of $4,629.00.

PUBLIC WORKS/FUNDS-GENERAL

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Department of Transportation voucher for transfer of funds for SR 42 project in the amount of $8,602.20.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Stasia Kewitz - Astor Area - District #5, to live in a mobile home on the same piece of property on which her conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding the mobile home will be removed immediately upon the completion of their conventional dwelling unit or upon the request of the Board of County Commissioners.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the renewal of a mobile home bond for Donald E. Banister - Lake Norris Area - District #4.

ESCROW/PUBLIC WORKS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the release of the Maintenance Escrow Agreement for Citrus Cove Subdivision.

ASSESSMENTS/RESOLUTIONS

At 10:15 the Chairman announced the advertised time had arrived for the Public Hearing regarding the assessment roll for Ravenswood Park Subdivision (Magnolia Drive and Palm Drive).

Mr. Mike Willett, Development & Public Works Director, informed the Board he had received a telephone call from Jerry Chapel, Palm Drive, objecting to the assessment for Palm Drive. Commr. Smoak stated that he had also received a telephone call from Richard Sutherland, Lot 55 Magnolia Drive. He stated Mr. Sutherland questioned the method in which his property (which would be considered a corner lot) had been assessed. Commr. Smoak stated the streets in the Subdivision had been assessed on a straight linear foot basis. He stated he had instructed the Public Works Department to go back and recompute the assessments based on the formula which was adopted by this policy concerning the average side on cul-de-sacs and the shortest of the two sides on corner lots. Mr. Willett stated the linear foot basis had been used in computing the assessment as the special assessment had been in progress prior to the adoption of the assessment policy and the owners had been notified that it would be assessed on a linear foot basis.

Mrs. Ann Sutherland, Lot 55/Magnolia Drive, addressed the Board objecting to the assessment. She questioned why the price for the assessment on Palm Drive was higher than Magnolia Drive. It was explained to Mrs. Sutherland that the difference in price was due to Palm Drive needing more repair than Magnolia Drive.

At 10:30 a.m. the Chairman announced that the Public Hearing scheduled for the Sunnyside Drive, Palm Street, Oak Street, and Cedar Street Special Assessment would be postponed until 10:45 a.m.

It was further pointed out that Mrs. Sutherland felt that a part of the street that was considered as Palm Drive should be Magnolia Drive.

Mr. Earl Booth, Lots 21 & 22/Palm Drive, addressed the Board to discuss the cost of the cul-de-sac at the end of Palm Drive. He questioned if the cost for the cul-de-sac was one reason why the assessment was higher on Palm Drive. Mr. Willett stated that Palm Drive required more overlay of asphalt than Magnolia Drive.

Mr. Booth informed the Board that there was already a crack in the pavement and the shoulders on the road are breaking.

Mr. Willett explained that the road would be taken into the County Maintenance System and the road crew repair the road when needed.

Mrs. Barbel Martin, Lots 14 & 15, addressed the Board to discuss the assessment. She stated she understood the County granted right-of-way to Corley Island through Palm Drive. It was explained to Mrs. Martin that the developer would have had control over the roads and that the County could not have given right-of-way to Corley Island as Palm Drive was a private road and was not in the County Maintenance System.

At 10:55 a.m. the Chairman announced that the Public Hearing scheduled for the Sunnyside Drive, Palm Street, Oak Street, and Cedar Street Special Assessment would be postponed until 11:00 a.m.

Mr. Robert S. Polk, Tract "D", addressed the Board in

objection to the cul-de-sac which was built on Palm Drive. He stated he was not notified that a cul-de-sac was to be installed.

Mr. Willett stated that he did not have any objections in assessing the lots by the new assessment procedures.

On a motion by Commr. Deems, seconded by Commr. Windram and carried, the Board adopted the assessment roll as presented by the Public Works Department on a linear foot basis.

Commr. Smoak voted "No" as the assessment method does not follow the current policy.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the Resolution accepting Palm Drive and Magnolia Drive, Ravenswood Park Subdivision into the County Maintenance System.

ASSESSMENTS/BIDS

At 11:OO a.m. the Chairman announced the previously postponed Public Hearing regarding the awarding of the bid for Sunnyside Drive, Palm Street, Oak Street, and Cedar Street Special Assessment would now begin.

Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss the bids received on the project. He stated the low bid received was from Leecon, Inc. in the amount of $86,621.10 (20 foot road and including Option #l- Portion of Pine Street). He stated the amount that would come under the lien assessment would be $80,273.70 (Option #l - $6,347.40 to be paid by the County). He stated that the County would be participating in the 661 amount of 33% of the total cost, which would be a contribution of $26,490.00, leaving $53,783.70 to be paid by the property owners.

He stated that the computed cost to each property owner was $7.16 per linear foot.

Mr. Walter Hoffman, Lot 13/Sunnyside Drive, addressed the Board to discuss the assessment footage. Mr. Willett explained that the assessment footage was 7,512.11'.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the Public Works Department to proceed with the Special Assessment on Sunnyside Drive, Palm Street, Oak Street, and Cedar Street and awarded the bid to Leecon, Inc. (low bidder) in the amount of $86,621.10 (20 foot road and including Option #l).

Discussion occurred regarding having one Public Hearing for Special Assessments instead of two. Mr. Willett stated there were two possible problems with having one hearing -- 1) there might be a change order involved; and 2) recommendations on bids received. Mr. Willett stated the Ordinance would have to be amended as the Ordinance now requires two public hearings.

GAME & FRESH WATER FISH COMMISSION/ACCOUNTS ALLOWED

Mr. Heppberger, President of Lake Improvement Association, Inc., and Mr. Ed. Zagar, Game & Fresh Water Fish Commission addressed the Board to discuss a possible haulseining program for Lake County. Mr. Heppberger stated the best time for haulseining would be November through March. Discussion occurred concerning the haulseining program.

He stated he was requesting the purchase of 200,000 black bass minnows @ 12c each with the Fisherman's Funds in 1983.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the purchase of 200,000 black bass minnows @ 12c each (approximately $24,000) from Florida Fish Farms, Inc. to be paid out of the Fisherman's Funds.

POLLUTION CONTROL

Mr. Ted Wicks, Pollution Control Director, addressed the Board to discuss a request for the approval of the location of wastewater treatment and effluent disposal systems for Cove Shores Mobile Home Park.

Mr. Bob Farner, Hall, Farner & Associates, was present to discuss the request with the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved, upon the recommendation of the Pollution Control Department, the site plan, wastewater treatment and disposal facility for Cove Shores Mobile Home Park.

FAIRGROUNDS

Mr. John Whitakei, promoter from Eustis, addressed the Board to discuss a situation which occurred at the Lake County Fairgrounds. Mr. Whitaker expressed his appreciation to the Board regarding the meeting held last Thursday. He stated he felt the situation would not have arisen had there been a person present in an administrative capacity. He stated that the Eustis Police Department had informed him that the gates had been closed due to the grounds being full. He was then later informed that the gates were closed due to the parking situation. He further stated that approximately 500 people (already parked) had been turned away at the gates. He explained that he felt the situation was not handled properly and he would like some type of consideration- possibly reduced costs for his event scheduled in February.

Commr. Smoak stated that the County contracts with the Eustis Police Department to make determination on traffic safety. He stated the reason why the Eustis Police Department closed the grounds was because people were parking on rights-of-ways, on other people's property, and because there was no organized parking in the parking area. He further stated Mr. Whitaker had indicated that he did not have anyone outside the fenced-in area parking cars.

He stated he felt the County had followed the normal policy in the use of the Fairgrounds and that it has always been the responsibility of the promoter to make arrangements for parking attendants for their events.

Commr. Smoak further informed the Board that discussion regarding parking attendants would be included in the discussion for the Fairgrounds policies being held on January 4, 1983.

It was the feeling of the Board that the action taken by the Eustis Police Department had been acceptable according to the contract between Lake County and the City of Eustis and no further action was taken at this time.

JAIL/ACCOUNTS ALLOWED

Mr. Watkins, Clerk, addressed the Board to report on the repairs to the washing machine in the Jail. He stated that there was a ninety (90) days warranty on the parts. He stated the Purchasing Department recommended that the Board approve ordering replacement parts with the Maintenance Department performing repair work at a cost of $2,718.15.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Purchasing Department and approved to repair the commercial clothes washer at the Jail by ordering replacement parts by air freight and the Courthouse Maintenance Department performing the repair work at a cost of $2,718.15, with work completion in 1-2 weeks @ 15% replacement cost.

RECESS & REASSEMBLY

At 12:00 Noon the Chairman announced the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for Rezoning.

REZONING

PUBLIC HEARING #120-82-4 RR to RMRP John A. Boll

Mr. John Boll, petitioner, was present to discuss this rezoning with the Board.

Mr. Boll presented the Board with a layout of the site pertaining to the buffer area and the entrance way.

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 RR (Rural Residential) to RMRP (Mobile Home Rental Park Residential).

PUBLIC HEARING #121-82-4 RR to R-1-10 Dennis Kridel

Mr. Dewey Burnsed, attorney for the petitioner, was present to discuss this rezoning with the Board. He stated Mr. Kridel was requesting the rezoning in order to build on the lot. He explained that they would not be asking for variances and that the lot can meet septic tank regulations.

Mr. John Matche, proposed builder, addressed the Board to explained he had made a study on the site and that there were no physical problems and no fill or setback problems.

Mr. Wilbur Welsh presented the Board with a petition of 110 names objecting to the rezoning.

Mr. Robert Vason, property owner, also addressed the Board objecting to the rezoning. He stated he would not like to see homes built on the property fronting Lake Gertrude.

Mr. Stephen Vaughn, property owner on Lake Gertrude, also addressed the Board to object to the rezoning. Mr. Vaughn stated he did not want septic tanks to be placed near the lake.

Mrs. James Dennis, adjoining property owner, stated she also objected to placing a septic tank on the property.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from RR (Rural Residential) to R-1-10 (Medium Residential).

PUBLIC HEARING #116-82-l R-l-7 to MP Steve Donahue &

Herbert Welder

Mr. Jeff Ray, attorney representing surrounding property owners, addressed the Board regarding the rezoning. Mr. Ray stated that one property owner, Mrs. Frank Bonner, recommended the Board continue the rezoning case. He further stated he represented Mr. Wiley and that Mr. Wiley would like the property to stay residential.

Mr. Steve Richey, attorney representing the petitioner, addressed the Board to discuss the rezoning case. He stated he had no problems in continuing the case until next month. He stated the CP zoning would be restrictive for his clients and that he would be happy to discuss the zoning with Mrs. Bonner.

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 R-l-7 (Urban Residential) to CP (Planned Commercial).

PUBLIC HEARING CUP #837-4 CUP in RR Delia M. Alligood

Mr. Francis Forrest addressed the Board in favor of the Planning Commission's recommendation of denial.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and denied a CUP in RR (Rural Residential) for a beauty shop.

PUBLIC HEARING #118-82-4 A to RR Lolita Dunaway

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and accepted the withdrawal of the rezoning case as requested by the petitioner.

PUBLIC HEARING CUP #841-5 CUP in C-l Carol A. Corrigan

No one present wished to discuss this rezoning 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 denied a CUP in C-l (Rural or Tourist Commercial) for a caretaker's residence.

PUBLIC HEARING #132-82-5 AMEND CP Leilani Harper

No one present wished to discuss this rezoning 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 to amend CP (Planned Commercial) to include a beauty shop.

PUBLIC HEARING #126-82-5 Amend CP Douglas Hasley

No one present wished to discuss this rezoning 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 to amend CP (Planned Commerical) to include a funeral home.

PUBLIC HEARING CUP #839-5 CUP in C-2 J. P. & Lillian Angel

Mr. J. P. Angel, petitioner, was present to discuss the rezoning with the Board. It was noted that a letter had been received by Mrs. Angel regarding this case.

Commr. Burhans stated that it was his understanding that there was an error in the legal description. Mr. Sexton, Planning & Zoning Coordinator, explained that a permit had been issued with an incorrect legal. Mr. Angel presented the Board with the correct legal for the property.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board overturned the Planning Commission's recommendation for denial and approved a CUP in C-2 (Community Commercial) for a caretaker's residence according to the legal description submitted by Mr. Angel. Commr. Carson explained that a building permit needed to be obtained from the Building Department, at no additional cost to Mr. Angel, and that the mobile home would be inspected by the Building Department.

PUBLIC HEARING CUP #840-4 CUP in A Donald L. Chubb

No one present wished to discuss this rezoning with the

Board.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) for a private air strip.

PUBLIC HEARING #123-82-4 A to MP or CP Carvious Robinson

No one present wished to discuss this rezoning with the

Board.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this rezoning case until February 8, 1983 until 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #125-82-4 A to RR Herston Brown

No one present wished to discuss this rezoning with the

Board.

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

PUBLIC HEARING #129-82-4 R-l-7 to R-l-6 Raymond &

Bernice Fritz

No one present wished to discuss this rezoning with the

Board. It was noted that a letter had been received from Mr.

Frank Gaylord, attorney representing the Fritz', requesting the

case be postponed.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board postponed this rezoning case until January 11, 1983 until 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #131-82-4 R-l-7 to C-l Harriet W. Gorman

Mr. John Crowley addressed the Board stating he objected to the rezoning if an ABC liquor store and lounge is built on the property. He stated he would prefer the rezoning be changed to

R-l-6 (Residential District) for duplexes.

Mr. Ray Elleridge, Mr. Joe Andrews, Mr. Thomas Hilliard, Mrs. Hinchey, and Mrs. June Cochran also addressed the Board objecting to the rezoning.

Rev. Norris Hodges addressed the Board in opposition to the liquor store as it would be located near the Liberty Baptist Temple Church and he felt such a store would be detrimental to the Church and the Community.

Mr. Oville Brooks also addressed the Board objecting to the rezoning.

Mrs. Harriet Gorman, real estate agent representing Mr. Silbernagel, addressed the Board in favor of the rezoning. She informed the Board that her client was in the process of negotiating with the ABC Liquor Store and Lounge. She further stated that her client felt that C-l (Rural or Tourist) would be the best zoning for the property.

Mr. Crowley addressed the Board stating that he did not object to the commercial rezoning only to the proposed liquor lounge.

Discussion occurred regarding rezoning the property to CP (Planned Commercial). Mrs. Gorman stated that she felt the CP zoning would be acceptable to the property owner.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial).

PUBLIC HEARING #130-82-3 Amend CP Missionary Alliance

Church

No one present wished to discuss this rezoning with the

Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend CP (Planned Commercial) to include a church.

PUBLIC HEARING #124-82-2 A to RR William and Mary Lou May

No one present wished to discuss this rezoning with the

Board.

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

PUBLIC HEARING #128-82-l RP to R-l-6 Robert Hamel

No one present wished to discuss this rezoning with the

Board.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RP (Multiple Family Residential Professional) to R-l-6 (Residential District).

PUBLIC HEARING CUP #844-l Class. of Uses Kathy B. Jowers

No one present wished to discuss this rezoning 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 approved the Classification of Uses and CUP in R-l-7 (Urban Residential) for an adult congregate living facility.

PUBLIC HEARING #127-82-2 R-l-7 to R-l-5 Ray Evans

No one present wished to discuss this rezoning with the

Board.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this rezoning case until March 8, 1983 at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING CUP #842-l CUP in A Donald B. Morris

No one present wished to discuss this rezoning 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 a CUP in A (Agriculture) for an Educational Farm.

PUBLIC HEARING #133-82-4 Amend CP Fred Smith

Mr. Stephen Vaughn, on behalf of the petitioner, addressed the Board regarding this rezoning case. He stated the petitioner would like the 40 feet as requested but he would take the 38 feet for additional area as requested by the Planning Department if that was the decision of the Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the Planning Commission's recommendation and approved to amend CP (Planned Commercial) to include additional property.

RECESS & REASSEMBLY

At 4:25 p.m. the Chairman announced the Board would recess for five (5) minutes. The Board reconvened at 4:30 p.m.

POLLUTION CONTROL/RESOLUTION

Mr. Ted Wicks, Pollution Control Director, addressed the Board to discuss the request from "The Friends of the Wekiva" for support regarding the designation of the Wekiva River as "Outstanding Florida Waters". He stated that this designation as requested also included the Little Wekiva River and Rock Springs Run located in Orange and Seminole Counties.

It was noted that agricultural operations with agricultural conservation plans are exempted from DER permitting requirements.

Mr. Wicks stated the designation is specifically directed toward protecting existing water quality from further degradation due to point source pollution. He stated existing permitted pollutant discharges were accepted as a component of existing water quality conditions, but any new discharges that would cause existing water quality to be lowered would be prohibited. The Board directed Mr. Wicks to research the agricultural aspect of the situation and report back to the Board next Tuesday, December 21, 1982.

SHERIFF/NURSING HOME/JAIL

Commr. Carson read a letter from Sheriff Griffin requesting the following items presently located within the Nursing Home be permanently reassigned to the kitchen area of the Lake County Jail:

1. Butcher block table with butcher block shelf on top (1)

2. Upright, 3 door, stainless steel freezer (1)

3. White chest freezer (2)

4. Two coffee urns (portable)

5. All compartmented serving trays

Commr. Burhans informed the Board the U. S. Government commodities which Sheriff Griffin requested for the Jail cannot be given to the Jail due to federal regulations: they would have to go to the School Board.

Commr. Burhans stated that the items Sheriff Griffin requested could be used when the adult congregate living facility opened. He further stated the Sheriff's Department could have the trays as Mr. Strickland, Nursing Home Administrator, would like to use plates, cups, saucers, etc. for the adult congregate living facility. The Board directed the Clerk to write a letter to Sheriff Griffin regarding the above items.

JAIL/ACCOUNTS ALLOWED

Commr. Carson informed the Board he had received a request from Sheriff Griffin requesting the purchase of forty-five pairs of shoes (assorted sizes) at a cost of $16.75 each for the road crew. It was pointed out that the funds to purchase the shoes would come from the County budget and not the Sheriff's budget.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin to purchase forty-five pairs of shoes at $16.75 each.

COMMISSIONERS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board appointed Commr. Windram as Chairman for 1983.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board appointed Commr. Deems as Vice-Chairman for 1983.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:55 p.m.

JAMES R. CARSON. JR., CHAIRMAN

JAMES C. WATKINS, CLERK

mcg/12-16-82