A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 10, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, May 10, 1983, at 9:00 a.m. in the Board of County Commissioners Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; Claude E. Smoak, Jr.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Cathy B. Roy, 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 minutes of May 3, 1983, as submitted.

COUNTY EMPLOYEES/MOSQUITO CONTROL/PERSONNEL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved merit increases for Andrew Duncan, Mosquito Control Inspector; Franklin Fritzinger, Mechanic for Mosquito Control; and Margaret Gebhart, Executive Secretary for Mosquito Control.

COUNTY EMPLOYEES/FAIRGROUNDS/PERSONNEL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved merit increases for Barbara Harney, Executive Secretary at the Exposition Center, and James Watson, Maintenance and Fairgrounds Supervisor at the Exposition Center, as outlined in a memorandum from Glenn Timmons, Personnel Director, memorandum 83-55.

COUNTY EMPLOYEES/CETA/PERSONNEL

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved a classification change for Angela Manuel from Public Information Specialist to Private Sector Specialist, in conformance with the new Job Training Partnership Act classifications. It was noted the new salary range was $11,500-$14,950.

EDUCATION/GRANTS

Mr. Lonnie Strickland, Administrator, addressed the Board regarding the proposed Summer Lunch Program. Mr. Strickland supplied a breakdown of administrative cost for the Summer Lunch Program. Mr. Strickland stated that according to the estimates available there would be approximately $2,000.00 administrative cost to the County that would not be reimbursed. It was also noted that these figures were based on the number of lunches served two years ago and it was possible that the cost would be more due to the fact that the County did not have the experience and might not be able to serve the same amount of lunches, thereby lowering the amount of reimbursment to the County for administrative costs.

Discussion occurred regarding a stipulation in the contract submitted by the Lake County School Board for use of the school facilities that prohibited the use of the school restroom facilities. It was the feeling of the Board that sanitary facilities would have to be provided which would be an additional cost to the County not covered in the estimates supplied by Mr. Strickland. Discussion also occurred regarding the fact that a time limit of one hour was set by the School Board to serve the lunches and there was no guarantee that the County could serve within the specified time period.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board directed that staff not pursue the grant application in order for Lake County to administer the Summer Lunch Program and requested the Public Works Department contact those necessary to advise them of the decision of the Board.

FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS/INSURANCE

Commr. Smoak reported to the Board that flyers were being distributed by the promoter of the Demolition Derby scheduled at the Lake County Fairgrounds on May 21, advertising drag racing of pick up trucks for anyone who wished to enter. Discussion occurred regarding the high liability to the County and whether or not the facilities were adequate from a safety standpoint.

Commr. Smoak stated that he had requested Mr. Johnson to check into the safety record of those sponsoring the event and requested Kathy Barnett to report whether or not there was adequate insurance coverage.

LIBRARIES/MUNICIPALITIES

Commr. Smoak reported that he had met with Mr. Jarrell and Mr. Stearman of the City of Eustis, Mary McMann, Eustis Librarian, and Michael Willett regarding the grant application they have requested the County endorse designating Eustis for central services.

Commr. Smoak stated he had also received a tentative proposal subject to the approval of the City Commission and stated he would copy each of the Commissioners and recommended no action be taken until such time as there is a firm action by the City of Eustis and that a recommendation is received from the Countywide Library Advisory Board.

COURTHOUSE/MUNICIPALITIES

Commr. Smoak reported that Mr. Watkins, Michael Willett and himself had toured the Orange County Annex in Ocoee last week. Commr. Smoak stated that he hoped to have a report to bring to the Board by the first meeting in June.

STATE AGENCIES/COMMUNICATIONS

Commr. Windram reported that he had checked with the Traffic Department regarding the figures of the number of tickets written on the Turnpike in the Lake County boundaries by the Orange County Division of the Florida Highway Patrol and that approximately 5,270 cases had been initiated. Commr. Windram stated this was in conjunction with a request from Sgt. Alderman of the Florida Highway Patrol in Orange County that Lake County purchase radar guns for use by this Orange County Division of the Highway Patrol.

Discussion occurred regarding the fact that this was a toll road and why the State would not purchase the guns to adequately cover this portion of the turnpike.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board denied the request of the Orange County Division of the Florida Highway Patrol for Lake County to purchase radar guns to be used on the portion of the turnpike that is in Lake County and the Chairman stated he would correspond the action of the Board to Sgt. Alderman.

ANIMAL CONTROL/COUNTY POLICY

Commr . Smoak reported that Mr. Timmons, Personnel Director, and Frankie Thorp, Animal Control Director, had worked with him regarding whether or not the Animal Control Shelter could take over the responsibility of injured and distressed animals on an emergency call basis on evenings and weekends. Commr. Smoak reported that this could be accomplished within the existing budget by the use of compensatory time and rescheduling employee work hours. Commr. Smoak stated a memorandum from Mr. Timmons and Ms. Thorp indicated a procedure in which this could be accomplished with the compensatory time and incur no additional expenses in the budget. Commr. Smoak stated that under the proposal, all calls would be screened through the Lake County Sheriff's Department prior to the Animal Control Officer being called out. Commr. Smoak stated most of the calls were presently being received by the Sheriff's Department and that the Sheriff's Department had been consulted and agreed with this procedure.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized that the above policy be implemented wherein the Animal Control Shelter would take the responsibility of emergency calls for injured or distressed animals in Lake County as outlined above.

Commr. Smoak wished the record to reflect that the Lake County Veterinary Association had agreed to pick up the costs, working through the Humane Society, for any treatment an injured or distressed animal would require and that the County was not assuming the vet bill and would only be transporting the animals to one of the cooperating veterinarians.

CLERK/MEETINGS

The Chairman informed the Board of a meeting to be held in Tallahassee by the State General Services Department to inform anyone interested in attending on the effects of the telephone deregulation. The Board requested that Mr. Watkins attend the meeting to be held on May 16, 1983, in Tallahassee.

The Board discussed the position of the Board regarding the phone system in the Courthouse and the maintenance that would be required.

COMMUNICATIONS/BUDGETS

Discussion occurred regarding a letter from Action, a federal government's agency for volunteer service of Retired Senior Volunteer Program (RSVP), requesting Lake County consider sponsoring the program. The sponsor is required to provide 10% local match during the first year, 20% during the second year and 30% during the third and subsequent years. The Board referred the letter to Lonnie Strickland for a report to the Board on this agency.

COMMUNICATIONS/ORDINANCES

The Board discussed a letter received from Mrs. Dorothy H. Rae, President of the Cove Area Homeowners Association, Inc., regarding the County's lack of an Ordinance addressing untended vacant lots in residential communities. The Board discussed the difficulties in adopting such an Ordinance due to the large area of the County and discussion occurred regarding the fact that cities have passed these Ordinances and although an Ordinance could be adopted, enforcement and the costs of the County enforcing the Ordinance would be prohibitive and the work would have to be contracted out. Commr. Windram stated he would respond to the letter and stated that the instances he had encountered in his district he had written letters to those persons and in most cases the lots had been cleaned.

PUBLIC WORKS AGENDA

PUBLIC WORKS/STATE AGENCIES

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request of the Department of Transportation to borrow pipe from Lake County. Mr. Willett stated that enough pipe had been kept to be used in the Mascotte area.

ASSESSMENTS/ROADS, COUNTY & STATE

Discussion occurred regarding a request from the property owners on Howard Road #l-3611 to pave said road. The Board reguested that Mr. Willett research the priority of the road, what right of way is available and meet with the property owners regarding participation on an assessment basis should the road be on a low priority for paving.

ESCROW/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved a thirty day extension on the Irrevocable Letter of Credit for Montverde Mobile Home

Subdivision, 2nd Addition, in the amount of $1,887.16.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the release of the Escrow Performance Agreement in the amount of $1,300.00 on Cypress Point Subdivision.

PUBLIC WORKS/ROADS, COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the Public Works Department to repair a spillway off Buckhill Road which was put in by the County in 1960, and directed that necessary action be taken to insure it will not erode again. It was noted that Lake County now has a Hold Harmless Agreement from Mr. William Lacy, who requested the repair be made.

ASSESSMENTS/ROADS, COUNTY & STATE/RESOLUTIONS

No one present wished to discuss the Public Hearing regarding the Assessment Roll for Lakeview Heights, Hastings Loop.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the assessment roll as submitted for the special assessment on Hastings Loop, Lakeview Heights.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Resolution accepting the roads on the above assessment into the County Maintenance System.

COUNTY PROPERTY/PUBLIC WORKS

Mr. Willett stated that Florida-Georgia Tractor had proposed rather than buying back the T-500-C Gallion that the Board consider an agreement for maintenance and parts in the amount of the buy back agreement with 12-l/2% interest.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board did not accept the proposal from Florida-Georgia Tractor to trade the buy back agreement of $55,125 for an agreement for maintenance and parts in the same amount with 12-l/2% interest.

LANDFILLS/COUNTY ATTORNEY

On a motion by Commr. Burhans, seconded by Commr. Deems an carried unanimously, the Board authorized the Public Works Department to notify the municipalities and commercial haulers that the Loghouse Landfill would no longer be accepting the loads after May 21, 1983, and as of May 23, 1983, they would have to be taken to the Astatula Landfill. Mr. Willett stated there would be land available to handle individuals for approximately one month.

Discussion occurred regarding the acquisition of the property owned by Mr. Stokes and Chris Ford, County Attorney, stated Mr. Stokes had informed him he needed more time to think about it.

Mr. Ford recommended that regardless of Mr. Stokes decision the County should condemn the property; however, Mr. Ford further stated that prior to beginning the condemnation proceedings that a meeting with Mr. Stokes should be conducted. Mr. Ford stated he would continue negotiations with Mr. Stokes and try to meet with him regarding the disposition of the property.

Commr . Deems stated he would speak with Mr. Stokes regarding the acquisition of the property.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the expenditure of $13,500 to Hewitt Contracting to pave various intersections in Astor Forest Campsites. It was noted that the County had re-built these intersections and they were in need of paving. Mr. Willett stated this would be a change order to Project #l-83, at a cost of $1,485 per intersection.

ASSESSMENTS/ROADS, COUNTY & STATE

Mr. John C. Milton, Lot #18, Lakeview Heights, addressed the Board regarding action taken earlier approving the assessment roll for Lakeview Heights. Mr. Milton stated he understood at the time A he signed the petition that he would be assessed based on an average footage of both sides of his lot as it is on a corner and when the assessment was final it was a considerable amount more.

Mrs. Kathy McDonald, Assistant Public Works Director, stated that one of the owners might have given Mr. Milton this information; however, an average footage of both sides was taken only if both sides were being improved and if only one side of the lot was being improved the footage of that side was used to compute the assessment.

Mr. Milton stated his understanding of this came also from a form from the Public Works Department and questioned whether or not he could take this to Court.

Discussion occurred regarding the fact that the required percentage of property owners would have been achieved without Mr. Milton's signature and Mr. Milton was informed that he could pursue this through his attorney should he wish to do so.

STATE AGENCIES/POLLUTION CONTROL

Mr. Larry Scott, Brooksville Division of Forestry, addressed the Board to introduce Mr. Robert Duty who would be manager of the local Division of Forestry since the retirement of Mr. Cleo Grubbs. Mr. Scott submitted to the Board for their review a report outlining figures regarding burning permits which the Division of Forestry has been handling. Mr. Scott stated to date 655 permits had been issued in 1983. Mr. Scott discussed with the Board the method of handling complaints that were received regarding burning. Mr. Scott stated the majority of the complaints were on trash fires. Mr. Scott explained the restrictions that had been established in order to obtain a burning permit.

The Board expressed concern over burning which affected neighbors who had health problems and Mr. Scott stated that if a complaint of this nature was received, a representative went to the site and those burning were asked to stop; however, if all the requirements were met, the Division of Forestry had no jurisdiction to stop the burning.

Commr . Smoak commended the Division of Forestry on the direction they were taking and offered cooperation with the Division.

EDUCATION/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized a Resolution of Accomplishment be prepared for the Mt. Dora Christian Home and Bible School's Boy's Track Team who ranked first in the State Class 1A and a Resolution be prepared for the Girl's Track Team who placed third in the State. Included in the motion was authorization for each member of the Board to sign the Resolutions.

FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS/INSURANCE

Commr . Windram read a memorandum from Kathy Barnett, Administrative Services, regarding insurance that should be required at the pick up truck drag races to be held in conjunction with the Demolition Derby at the Lake County Fairgrounds on May 21, 1983. Ms. Barnett stated that no certificates of insurance had been received to date.

Commr . Smoak moved, seconded by Commr. Deems that the promoter, Dennis Mulholland, provide an insurance policy in the amount of one million dollars be provided naming the County as a co-insurer of this event seven days prior to the event.

Included in the motion was the request that Mr. Johnson report to the Board regarding whether or not he felt secure that the facilities were adequate and that the event would be run in the safest manner possible.

Commr . Smoak withdrew his motion and Commr. Deems withdrew his second until such time as Mr. Johnson could make a report to the Board regarding his feeling on the safety of the event and make a decision based on inspection of the vehicles and proof of insurance of those vehicles participating.

SHERIFF'S DEPARTMENT

Commr . Windram informed the Board of an invitation to attend an open house of the new Sheriff's Department Operations Facility at the old Juvenile Detention Center on Thursday, May 12, 1983, from 11:OO a.m. until 2:00 p.m.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Jim Flowers of the CETA Department to attend an informational seminar in Atlanta on May 18-20, 1983, addressing the cross over of funding from CETA to JTPA (Job Training Partnership Act).

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request of the Sheriff's Department for funds from Ordinance 1982-1, in the amount of $165.25 for ammunition for training and qualification sessions.

ASSESSMENTS/ROADS, COUNTY & STATE

The Chairman announced that the advertised time had arrived for a Public Hearing to consider the preliminary assessment roll on the special assessment for North Palm Circle, Eustis Heights.

Mr. James A. Livingston addressed the Board representing himself, his wife and the Louise V. Livingston Trust. Mr. Livingston expressed concern regarding if there was a need to pave the portion of the road past the dumpster, a presently unpaved portion.

ML-. Rob Newton, General Manager of Lake Media, addressed the Board stating he did not feel the portion past the approximately 150' mark should be included in the assessment as Lake Media holds license to a majority of the property on the right hand side of the road until at least 1989, and Lake Media is planning to petition the Federal Government to renew their license Mr. Newton stated that the area could not be developed because the grounding system for the radio system sits under the property.

Discussion occurred that although the property owners on the portion being improved past the 150' mark would be paying for the improvements, Lake Media owned a substantial amount of the footage in that area.

Kathy McDonald, Assistant Public Works Director, stated that property owner participation was sufficient to meet the County criteria.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board accepted the preliminary assessment roll for North Palm Circle, Eustis Heights.

Mr. Willett stated it was the recommendation of the staff to improve the complete road and stated it would be cheaper to do the complete road now.

Mr. Livingston addressed the Board and requested that a "NO TRUCKS" sign be placed on North Palm Circle and stated that there was a truck being parked off North Palm Circle. Mr. Livingston was directed to contact the Code Enforcement Department.

FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS/INSURANCE (CONT'D)

Discussion occurred regarding the scheduled drag races for pick up trucks at the Demolition Derby and Mrs. McDonald stated that Mr. Johnson would have the rules and regulations to the Board this afternoon. The Board postponed a decision on this matter until this information was received.

COMMUNICATIONS/ZONING/ORDINANCES

Discussion occurred regarding a letter of May 3, 1983, from the Orlando, Winter Park Board of Realtors, Inc., regarding a proposal to standardize zoning designations. Mr. Willett stated he would contact the Board of Realtors concerning proposed changes in Lake County Zoning Ordinances and the possibility of conformance to some of the classifications listed. Mr. Willett stated any changes would have to be done by Public Hearing and before the Board. The Board expressed concern regarding the difficulties of conforming to standard zoning classifications.

APPOINTMENTS/CETA

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

appointments to the Lake County Private Industry Council as follows:

Joseph E. Holmes, Sr.* Charles Lovett*

Donald Miller* Carl W. Pepperman*

Gena M. Swartz* James R. Carson, Jr.*

Kenneth A. Bragg Francesca Knowles

James H. Lowe Barbara Manning

Howard B. Odor Robert S. Palinchak

Art Ragland Scotty Reid

*Private Sector Nominees

Mr. Flowers stated that five of these individuals would be appointed by the Chairman to serve on the Tri-County (Lake, Volusia and Flagler) Private Industry Council.

BUDGETS/MEETINGS

The Chairman noted that each Commissioner should have received a copy of the proposed budget hearing schedule prepared by James Watkins' Office.

LICENSES & PERMITS

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

New Renewals

John R. Hinegardner Jerry G. Voorhees

Thomas C. Hisle Joel D. Lakes

William J. Sweet

Elsie J. Sweet Additions

David R. Hartuny Jack Blake

James W. Peterson

Thomas L. Rogers

Commr. Deems was not present for the vote.

CLERK/EDUCATION/REPORTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending April 29, 1983 in the amount of $10,050.30. Included in the motion was to acknowledge receipt of the financial and compliance audit of the District School Board for the fiscal years ended June 30, 1981, and June 30, 1982.

Commr. Deems was not present for the vote.

CLERK/COURTS & JUDGES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the report for the fall term of Court, 1982, Commencing as of October 4, 1982, through May 2, 1983, in the amount of $35,930.00.

Commr. Deems was not present for the vote.

FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board approved the request from the Lake County Fair Association, Inc. to change the dates of the 1984 Lake County Fair from March 19th-24th, 1984, to March 23rd-31st, 1984.

Commr. Smoak stated that this would make the fair a nine day fair rather than seven day and that the Association was also requesting some changes in entrance areas.

Mr. Willett stated that since the discussions with Commr. Smoak, Mr. Johnson had stated it would be necessary to cancel the Farmer's Market for two weeks rather than the normal one week during the fair. It was noted that extending the length of time of the fair was for the next year only due to the fact that it had not made money the past two years.

Commr. Deems refrained from voting on the motion as he was not present for the discussion.

RESOLUTIONS/OUTDOOR RECREATIONAL FACILITIES/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board authorized signature on a Resolution setting hours on Blount's Island.

APPOINTMENTS/AMBULANCES & HOSPITALS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the recommended reappointments of Earl Kauffman and Louise Hutchison to the Board of Trustees of the Northwest Lake County Hospital District for three year terms commencing May 1, 1983, and terminating on April 30, 1986.

SUITS AFFECTING THE COUNTY

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney to accept service on a suit filed by Robert Vason, Attorney, the suit being named Burr vs. Kursey and Edwards. Chris Ford stated the Attorney's Office was recommending they accept the suit and the County was involved due to the fact the County has a judgment against Linda Edwards, who is named in the suit.

At 11:45 a.m. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually and the Board would reconvene at 2:00 p.m. for the Rezoning Agenda.

REZONING AGENDA

PUBLIC HEARING #24-83-5 - ROBERT E. GRISBY - A TO CP

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 and Zoning Commission and approved rezoning from A (Agricultural) to CP (Planned Commercial).

PUBLIC HEARING #58-83-l - AT & T (W. S. WINKLER) - A TO AR

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 and Zoning Commission and approved rezoning from A (Agriculture) to AR (Agricultural Residential).

PUBLIC HEARING CUP #855-l - AT & T (W. S. WINKLER)

Discussion occurred regarding the modifications to the Conditional Use Permit to increase the tower height to 270 feet and extended the time for modifications to 24 months.

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and granted the Conditional Use Permit in AR (Agricultural Residental) to allow a transmission tower.

Commr. Burhans voted "No".

PUBLIC HEARING #47-83-4 - MT. PLYMOUTH FIRE CONTROL 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 and Zoning Commission and approved rezoning from A (Agricultural) to CP (Planned Commercial) for Fire Station equipment and caretaker's residence.

PUBLIC HEARING CUP #762-4 - MT. PLYMOUTH FIRE CONTROL 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 and Zoning Commission and revoked Conditional Use Permit #762-4 in Agricultural.

PUBLIC HEARING CUP #861-4 - JACK E. & KATHERINE A. MCDONALD

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

On a motion by Commr. Deems, seconded by Commr. Rurhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and postponed this case until June 14, 1983, at 2:00 p.m., or as soon thereafter as possible.

PUBLIC HEARING #51-83-4 - MARGARET CAMMACK - A TO RR

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

Mr. Jerry Grief, Planning and Zoning, stated he had received a request to postpone this case from the Petitioner.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board acknowledged the request of Mrs. Cammack and postponed this case until June 14, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #46-83-4 - EULA R. HIGH - R-1-5 TO C-l

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 and Zoning Commission and postponed this case until June 14, 1983, at 2:00 p.m. or as soon thereafter as possible and to readvertise this request to CP (Planned Commercial).

PUBLIC HEARING CUP #703A-4 - ADVENTIST HEALTH SYSTEM -SUNBELT, INC.

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 and Zoning Commission and extended the Conditional Use Permit for a period of three years.

PUBLIC HEARING #52-83-4 - JAMES W. HART - RA TO R-1-5

No one present wished to discuss this case 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 denied the rezoning request from RA to R-l-5.

PUBLIC HEARING #49-83-4 - FORESTDEL LTD. - A TO AR

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 and Zoning Commission and approved rezoning from A (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING #44-83-4 - JAY & ALICE GOLDEN - A TO AR

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 and Zoning Commission and approved rezoning from A (Agricultural) to AR (Agricultural Residential).

PUBLIC HEARING #56-83-3 - LAKE COUNTY FARM BUREAU - A TO RP

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

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

carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from A (Agricultural) to RP (Multiple Family Residential Professional).

PUBLIC HEARING #54-83-l - BOB BIRDSONG VOLKSWAGEN, INC. -C-

l to CP

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

PUBLIC HEARING #42-73-l - ALLEN GRAMS - RR TO R-l-5

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 and Zoning Commission and the request of the Petitioner to withdraw this request.

PUBLIC HEARING #57-83-l - BLUE PARROT CAMPING PARK INC. -C-

2, RR & RA to C-l

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

PUBLIC HEARING CUP #860-l - BLUE PARROT CAMPING PARK, INC.

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 and Zoning Commission and approved a Conditional Use Permit in C-l for a RV Park.

PUBLIC HEARING #48-83-l - EDWARD BERGMAN - RR TO R-1-15

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

PUBLIC HEARING #43-83-2 - HENRY H. EDDINS - A TO C-l

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

PUBLIC HEARING #53-83-2 - CLYDE ROGERS, et al - RP/LM TO RM

Mr. Bill Law, representing the owners of the property, addressed the Board objecting to the recommendation of denial from the Planning and Zoning Commission. Mr. Law presented copies of a letter from the City of Leesburg on the previous rezoning to RP/LM of this property.

Mr. Steve Richey, Attorney, addressed the Board representing persons contracting to purchase this property and requesting the rezoning be approved. Mr. Richey stated the proposal was to rezone 34 acres to RM for a family mobile home subdivision. Mr. Richey stated there is a letter from the City of Leesburg in the zoning file regarding this rezoning request stating this was a desirous classification for this property and that this type of development is needed in the area.

Mr. Richey stated that City water and sewer would be obtained should the rezoning be granted. Mr. Richey stated that there were some soil problems and should the water and sewer not 'be obtained from the City of Leesburg, it would not be desirous for his clients to purchase the property.

Commr. Smoak questioned why annexation into the City of Leesburg had not been sought to resolve these problems with the City and expressed concern over surrounding the corporate limits of the city of urban developments and creating problems in extending the city limits to provide the services that will be required for the development.

Mr. Richey stated that the City of Leesburg has said that the RM Zoning Classification being proposed on the 34 acres is appropriate. Mr. Richey also stated that the water and sewer was available near the proposed development and they have a need for this type of utilization near their copo'rate boundaries.

Michael Willett stated that the staff's concern that RM was not compatible with the industrial area and the current RR zoning would provide appropriate transition between the industrial zone and adjacent residential development. Mr. Richey stated that the plan for this development was a family mobile home park which would be, in his opinion, compatible, since the same persons owned the industrial property and would be required to provide a buffer in order to sell the property. Discussion occurred regarding the possibility of the industrially zoned land being sold.

Discussion occurred regarding the possibility of postponing this case sixty to ninety days in order to check with the City of Leesburg regarding annexation and rezoning. Mr. Richey stated that a delay of this nature would be prohibitive to the closing of the sale of the property.

Donna Levy, Bartiett Street, addressed the Board in support of the request for rezoning this property.

On a motion by Commr. Deems, seonded by Commr. Burhans and carried, the Board overturned the recommendation of the Planning an Zoning Commission and approved rezoning from RP/LM (Multiple Family Residential-Professional/Light Manufacturing, Warehousing, Research or Professional) to RM (Mobile Home Residential).

Commr. Smoak voted "NO" and wished the record to reflect he did not object to the density and the rezoning but to the procedure in coming to the County granting straight rezoning without a commitment from the City of Leesburg that it will be annexed. Commr. Smoak stated if the deal falls through you have a parcel of land zoned for high density, adjacent to the corporate lines of Leesburg and still a part of the County.

PUBLIC HEARING #SO-83-2 - E. M. LEWIS, SR., & LENA LEWIS -R-

l-7 TO R-l-5

Mrs. Lena Lewis, Petitioner, addressed the Board objecting to the recommendation of denial from the Planning and Zoning Commission. Mrs. Lewis stated that she wishes to place a mobile home on the property in addition to her home due to the fact there is illness in the family and she wishes to have her son move into the mobile home to check on the family.

Discussion occurred that should the rezoning request be granted, Mrs. Lewis would then have to comply with the Subdivision Regulations and pave the road.

Discussion occurred regarding allowing rezoning to Agricultural and the County Attorney stated this would be legal in these proceedings as it is a classification with less density. It was noted if the property was rezoned to Agricultural a Conditional Use Permit would need to be applied for and the County Attorney recommended that the Conditional Use Permit be advertised and heard prior to consideration.

Commr. Deems moved that the Board deny the rezoning request without prejudice and waive the reapplication fees to allow Mrs. Lewis to reapply for an Agricultural classification. The motion died for lack of a second.

Commr . Burhans moved, seconded by Commr. Smoak that the Board overrule the Recommendation of the Planning and Zoning Commission and grant Agricultural Zoning Classification. Commrs. Windram and Deems voted "NO" and the motion died on a 2-2 vote.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board denied the rezoning request without prejudice and approved to waive the fees in order to allow Mrs. Lewis to reapply for rezoning and a Conditional Use Permit on this property should she so choose. Mrs. Lewis was directed to meet with the Planning and Zoning Department Staff regarding the re-application.

PUBLIC HEARING CUP #857-2 - DILLARD CONSTRUCTION CO. CUP IN

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

On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the Conditional Use Permit in M-l (Heavy Industrial) for a mobile home as a caretaker's residence.

PUBLIC HEARING #55-83-2 - BILL MATTICK - A TO M-l

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 and Zoning Commission and approved rezoning from A (Agricultural) to M-l (Heavy Industrial).

PUBLIC HEARING #45-83-2 - JOSEPH LAMANTIA (MAE MARLENE OSBORNE) A TO R-1-5

Mae Osborne addressed the Board representing Joseph Lamantia and stated she has a contract to purchase the property. Ms. Osborne stated that she had letters to submit of persons in favor of the rezoning who lived in the area. Ms. Osborne stated that the proposed use of the property was for low cost housing which was needed in this area.

Ms. Osborne stated the area was close to the city limits of Mascotte and she had an agreement that Mascotte would supply city water to this area. Ms. Osborne stated she did not feel this was spot zoning as stated by the Planning Department.

Michelle Frazier addressed the Board objecting to the recommendation of the Planning and Zoning Commission. Mrs. Frazier stated that she had spoken with an attorney who had said that this should not be considered spot zoning.

Mr. David Knowles, property owner in the area, addressed the Board supporting the Planning and Zoning recommendation of denial of the rezoning request.

Mr. McKinley, adjacent property owner, addressed the Board supporting the Planning and Zoning recommendation of denial of the rezoning request.

Ms. Osborne stated she had talked with the City Manager of Mascotte and that since they were within the two mile radius of Mascotte that in a case of entrapment the fire department would respond.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning request.

Commr. Smoak wished the record to reflect a letter had been received from Dorothy Dykes in approval of the request.

PUBLIC HEARING CUP #858-2 - PHILIP H. KUHARSKE

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 and Zoning Commission and approved a Conditional Use Permit in Agriculture for peat removal.

PUBLIC HEARING CUP #859-3 - HI ACRES

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 and Zoning Commission and postponed this case until June 14, 1983, at 2:00 p.m. or as soon thereafter as possible.

The Board discussed the Conditional Use Permit applied for by Hi Acres with Ted Wicks, Pollution Control Director. Mr. Wicks stated that representatives from Orange County and the City of Orlando heading this project had spoken with the Pollution Control Board and the Pollution Control Board had discussed adding monitoring restrictions to the Conditional Use Permit.

Commr. Smoak requested that Mr. Wicks and the Pollution Control Board draw up some additional restrictions and language to be considered put in the Conditional Use Permit addressing monitoring and a detailed recommendation from the Pollution Control Board to be included in the Conditional Use Permit to be considered in June. Commr. Smoak stated it was his feeling that any costs incurred in the monitoring of the facility be borne by the petitioner and not by the County, such as the construction of monitoring wells.

Commr. Smoak also requested that the County have the ingress and egress necessary to check the monitoring wells.

The Board requested that Ted Wicks work with the Pollution Control Board to incorporate these items in the Conditional Use Permit.

AMBULANCES & HOSPITALS/RESOLUTIONS

The Chairman read a memorandum from Lonnie Strickland regarding Certificates of Convenience and Necessity for KennAire Holding Corporation, Life Flight Baptist Medical Center and Florida Medical Airevac of Winter Park.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved that Resolutions for Certificate of Convenience and Necessity be prepared for the above listed firms who supply air services for medical purposes in Lake County.

LAWS & LEGISLATION/POLLUTION CONTROL

The County Attorney supplied the Board with an Act which was supplied by Everett Kelly to the Board. Mr. Ford stated he had studied the Act and had supplied a copy to Mike Willett and Ted Wicks. Mr. Ford stated Ted Wicks felt it was basically a good Act regarding hazardous waste, septic tanks and how it would affect the lakes.

Mr. Ford stated that it could possibly cause addiional costs to local government and a portion of the Act stated land could be designated by State Government for hazardous waste sites only if a permit has been issued by the Department and if they find there is a clear and convincing need for the facility. Mr. Ford stated that the test for the need is established if the proposed method of storage treatment or disposal of hazardous waste to be handled at the proposed facility is the most feasible method and if it seems probable that the proposed or existing facility will be more advantageous economically to the generators of hazardous waste at the proposed site than at other possible alternative sites.

Mr. Ford supplied each Commissioner with a copy of the Act for their review and comments.

APPOINTMENTS/LIBRARIES

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board appointed Mr. James R. Gregg to the Countywide Library Advisory Board for District Two.

APPOINTMENTS/CETA

Commr. Windram informed the Board his choices for the CETA Super PIC Committee were Kenneth Bragg, Barbara Manning, Charles Lovett, Gena Swartz and James Carson.

ZONING

Discussion occurred regarding Case #50-83-2 and Commr. Windram expressed concern that the Agricultural classification was not intended for this purpose, and the possibility of setting precedent that rezoning to Agricultural classification could be used to develop land without conformance with the Subdivision Regulations.

FAIRGROUNDS/CONTRACTS, LEASES & AGREEMENTS/INSURANCE

Commr. Smoak announced that George Johnson had already informed Mr. Mulholland, Promotor of the Demolition Derby, that an insurance policy of one million dollars making Lake County

co-insurer would be required. Mr. Johnson also supplied the Board with copies of the restrictions for the pick up truck drag races.

Commr. Smoak stated they would be racing against a clock rather than against one another and that inspection of the vehicles would be made regarding brakes and steering. Michael Willett stated that Lt. Ellis of the Eustis Police Department would also be present for the event to oversee.

There being no further business to be brought before the Board, the meeting adjourned at 4:30 p.m.

THOMAS J WINDRAM, CHAIRMAN

JAMES C. WATKINS, CLER

CBR/5/12/83