A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 14, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, June 14, 1983, in the Board of County Commis- ioners Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; James R. Carson, Jr.: Claude E. Smoak, Jr.; and C. A. "Lex" Deems. Commr. Burhans was present for the afternoon session. Others present were: James C. Watkins, Clerk; Sanford A. Minkoff, County Attorney's Office; and Mary C. Grover, Secretary.

The Invocation was given by Mr. Watkins and the Pledge of Allegiance was led by Commr. Smoak. M r . Watkins, Clerk, introduced Mrs. Toni Austin and informed the Board that she would be working in the Board Office.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the minutes of June 7, 1983, as corrected.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the minutes of June 9, 1983, as submitted.

HOUSING FINANCE AUTHORITY/COMMUNICATIONS

Mr. Sam Mazzotta, Executive Director of the Orange County Housing Finance Authority and acting as agent for the Lake County Housing Finance Authority, addressed the Board and stated his purpose for appearing before the Board was to discuss a request he had received from Lake County developers concerning the potential to do a multi-family rental apartment tax exempt revenue bond issue. He stated that these bonds are different from the bond issue for the single-family bond issue. He stated that the main difference was that with the multi-family bond issue, the bonds are sold only when there is a developer, a lender, and a project.

Discussion occurred regarding the restrictions to the rental bond issue. Mr. Mazzotta stated that the developer must agree that these units can only be rented to persons whose upper income is at 150% of the County's median income. The developer 185 must also agree that 20% of the total number of units he builds must be rented to persons whose median income is 80% of the County median or less. Mr. Mazzotta further pointed out that this was not a subsidy rental program.

Mr. Mazzotta explained that the apartments could be built to condominium specifications but they could not be converted to condominiums for a period of ten years.

The Board questioned if Mr. Mazzotta had received any indication of interest from potential developers for projects in Lake County. Mr. Mazzotta stated that there was interest in starting two (2) projects in Leesburg, one (1) project in Eustis, and one (1) project in Clermont.

Mr. Mazzotta stated that he was requesting the Board approve a resolution expressing the Board's intent of participating in the bond issue.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized the County Attorney's office to draft a resolution, as requested by Mr. Mazzotta, for the Board's consideration.

PUBLIC WORKS AGENDA

ROADS - COUNTY, STATE/RESOLUTION/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the following Astor Forest Campsite Loop roads into the County maintenance and assigned the following numbers:

1 . River Road, #5-9787 -- From the end of the maintained portion of River Road at Gopher Road to Hyacinth Road

2 . Blue Creek Road, #5-9787A -- From Gopher Road to Possum Road

3 . Possum Road, #5-9787B -- From Blue Creek Road to Hyacinth Road

4 . Hyacinth Road, #5-9787C -- From Possum Road to River Road

5 . Gopher Road, #5-9787D -- From River Road to Blue Creek Road

ROADS - COUNTY, STATE/FUNDS - GENERAL

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to execute the voucher for transfer of funds from the Department of Transportation for Project No. 13-83, C-48 Widening and Resurfacing, in the amount of $86,019.48.

DEEDS/RIGHT-OF-WAYS-ROADS-EASEMENTS

On a notion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the Right-of-Way Deed on Griffin Road, #l-7807 from William J. and Elizabeth Maggio.

BIDS/PUBLIC WORKS

Mr. Mike Willett, Development & Public Works Director, addressed the Board regarding awarding of the bid for two (2) wheel tractors with flail mowers to Robinson Equipment Company, Inc., for a total bid cost of $26,560.00 (Each unit costing $13,280.00).

Commr. Carson moved the recommendation of the Public Works Department and Commr. Smoak seconded the motion.

Discussion occurred regarding the specifications required for the bid. Mr. Willett stated that it was his understanding that all the tractors on the bid sheet met specifications.

Commr. Carson withdrew his motion and Commr. Smoak withdrew his second and the Board directed Mr. Willett to review the bids received and come back to the Board with a recommendation.

OUTDOOR RECREATIONAL FACILITIES

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board authorized the Chairman and the Clerk to sign the Department of Natural Resources Contractual Purchases Schedule for the Herlong Park ramp.

BIDS/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board awarded the bid for Project No. 15-83, C-44A and C-44C (Griffin Road) Resurfacing to Asphalt Pavers, Inc., in the amount of $75,096.00. It was noted that the guardrails would be bid separately.

MUNICIPALITIES/ROAD CLOSINGS/PUBLIC WORKS

Mr. Mike Willett, Director of Development & Public Works, informed the Board that a request had been received from the City of Umatilla, due to the possible extension of the airport, to close Skyline Drive #5-7672 from Pine Avenue east to the east side of the airport. He stated that he would not recommend closing the entire road as it would eliminate access for a property owner.

No action was taken at this time.

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved renewal of the mobile home bond for Ralph L. Shepard - Lake George Area - District #5.

The motion also included cancellation of the following bonds in that the construction of the conventional dwelling unit has been completed and the mobile home removed from the property:

Donald B. Morgan

Roy Cabanas

Arnold Lawrence

COUNTY EMPLOYEES/PUBLIC WORKS/BUILDING/ZONING

Mr. Willett addressed the Board to discuss reclassification of positions in the Public Works, Building, and Zoning Departments.

1. Public Works - Reclassification of position #16, Sign Maintenance Worker to Assistant Road Safety Supervisor/ Sign Maintenance Worker. It was noted that position #16 was presently filled by John McGuire.

2. Zoning Department (Code Enforcement Section) - Reclassify one Zoning Technician to Code Administrator.

Mr. Willett recommended that Mrs. Debbie Hall, Zoning Technician, be promoted to Code Administrator. It was further noted that another Zoning Technician position would be requested in the 83/84 budget.

Mr. Willett further recommended the salary range for Code Enforcement Officers be increased from $9,400 -$ 12,200 to $10,000 - $13,000 per year.

3. Building Department - Mr. Willett requested that two new supervisory positions be created: Chief Building Inspector and Building Administrator. He noted that these two positions would eliminate the position of Deputy Building Official (presently filled by Don Smale) and one Building Inspector position (unfilled at this time).

Mr. Willett stated that since the position of Building

Administrator is presently unfilled, the Building Administrator would be responsible for the South Lake County Annex, and other qualifications such as experience in zoning and code enforcement, administration of flood plain regulations, etc. would be added to the position qualifications.

Discussion occurred regarding the Building Administrator

position. The Board also discussed the proposed salary range for

the position ($14,000 - $18,200). It was the feeling of the

Board that the salary range should be reduced to $12,000 - $15,600 and gave Mr. Willett the authority to hire a person with a starting salary of $14,000.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the reclassification of positions in the Public Works, Building, and Zoning Departments as requested by Mr. Willett and authorized Mr. Willett to hire a person with experience with a starting salary of $14,000.

COUNTY EMPLOYEES/PLANNING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for approximately 80 hours of overtime for John Suver, Planning Department, in developing zoning maps for the South Lake County Courthouse Annex.

AMBULANCES-HOSPITALS

Mr. Carl Bender, Administrator of Waterman Medical Center, addressed the Board to discuss the reorganization plan for Waterman Memorial Hospital. Mr. Bender explained that the hospital had been renamed to Waterman Medical Center and that the Articles of Incorporation had been changed.

Mr. Bender further discussed the restructuring of Waterman Memorial Hospital as follows:

Waterman Memorial Hospital Association, Inc. - Mr. Bender

explained that the Association would serve as a non-profit foundation to raise funds and disburse funds for capital expenses and charity care. He stated that the Foundation's Board will be the same as the present Hospital Board. (Foundation)

Lake County Health Care Systems, Inc. - He stated that this

will be a non-profit holding company charged with the conduct of all corporate business. (Holding Company)

Waterman Medical Center, Inc, - Mr. Bender explained that the Center would serve as a non-profit hospital specifically for the purpose of providing hospital care.

Lake Medical Services, Inc. - Mr. Bender explained that Lake Medical Services, Inc. would be a taxable, capital stock corporation to own and operate health related businesses for profit. He stated that the stock in this company would be owned by the Holding Company.

Northeast Lake County Hospital Company, Inc. - He stated that this would be a non-profit company designed to handle Waterman Medical Center real estate holdings and other business.

CETA/COUNTY EMPLOYEES

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved merit increases for the following CETA employees as recommended by Mr. Glenn Timmons, Personnel Director, and Mr. James Flowers, CETA Director:

Vallie McLean Debra Snow

Jan Strickland Veronica Williams

Mark Pearcey Robbie Baird

Commr. Smoak was not present for the vote.

COUNTY EMPLOYEES/COMMITTEES/APPOINTMENTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board appointed Mrs. Dorothy Orr, Veterans Service Office, as Alternate Employee Member, At Large, to the Grievance Committee.

AGRICULTURE CENTER/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved travel for four (4) delegates to attend the Florida 4-H Congress in Gainesville, July 25-29, 1983, at an estimated cost of $190.00.

AMBULANCES-HOSPITALS/ACCOUNTS ALLOWED

Mr. Watkins, Clerk, informed the Board the Building Committee had reviewed and had obtained quotes for equipment for the new Medical Examiner's facility. He stated that it would cost approximately $49,043.00 to equip the facility. He further explained that Lake Community Hospital would donate to the County the instruments that are currently being used for performing autopsies and that Drs. Shutze and Techman would furnish the office furniture and the dictating equipment. He further stated that there was a possibility of Leesburg Regional Medical Center selling their view box for approximately $50.00.

On a motion by Commr. Carson, seconded Commr. Deems and carried unanimously, the Board authorized the expenditure of approximately $49,043.00 for the purchase of equipment for the new Medical Examiner's facility as reviewed and recommended by Dr. Shutze, District V Medical Examiner.

COURTS-JUDGES/COUNTY POLICY

Mr. Watkins, Clerk, addressed the Board to discuss the retirement program for the judiciary system. Be stated that the Florida Retirement System is periodically amended by expanding its classifications and benefits for individuals to include service previously rendered; but, at the time of service the individual would be eligible for credit. He further explained that this happened in Lake County on at least one previous occasion, in the case of Judge John Booth, where the County had participated at the same level they would have participated for anyone else in that category at the time.

Mr. Watkins stated that he was of the opinion that a general county policy existed concerning this, but could find no mention of it in the minutes. He further stated that Judge Aulls now wished to avail himself of this procedure and recommended the Board clarify its policy.

Commr . Windram stated that he thought the Board had already taken this action. Several other members of the Board expressed that they thought it was also County policy to participate at a level not to exceed what the County would have contributed at the time. Mr. Watkins suggested the following general policy for the Board's consideration:

It shall be the policy of the Lake County Board of County Commissioners that if an individual employee or constitutional officer becomes eligible in the Florida Retirement System for credit of service previously rendered, but, not creditable at the time of service, the County will participate at a level equal to what the County would have paid in behalf of the individual had they been eligible should the individual choose to take advantage of the amended law.

0n a motion by Commr. Carson, seconded by Commr. Deems and

carried unanimously, the Board reaffirmed the Board's previous

action in permitting this expenditure as outlined by Mr. Watkins.

LICENSES & PERMITS

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

carried unanimously, the Board approved the addition to a gun

permit for Clark Cook.

BONDS - CONTRACTOR

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

New

4026-83 John A. Hargraves d/b/a Servamatic Solar Systems, Inc.

4025-83 Paul Phillips (Residential Building)

4024-83 Donald C. Smith, Jr. (Class B, Air Conditioning)

Cancellation

569-82 Marcus Evans

COURTS-JUDGES

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the following Satisfaction of Judgments:

1. Windel Lee Henderson and Betty Henderson in the amount

of $150.00 for Case No. 82-147-CJ.

2. Robert L. Scogin and Olive M. Sccgin in the amount of $59.00 for Case No. 80-1455-CA-01.

AMBULANCES-HOSPITALS/ACCOUNTS ALLOWED

Mr. Nick Jones, Architect, addressed the Board to announce the completion of the Emergency Medical/Medical Examiner's Facility.

Mr. Watkins, Clerk, informed the Board that the Building Committee went to inspect the building. Mr. Minkoff, County Attorney's Office, stated that approximately $23,000 has not been paid to the suppliers and subcontractors. He stated that the bonding paperwork is in proper order. He further stated that a portion of the funds (approximately $14,000) was being held due to the purchase of a freezer that has not yet been received.

Mr. Jones explained the various paperwork he was turning over to the Board. Mr. Watkins suggested that Mr. Jones meet with Harry Nies, Chief Deputy, to review the manual. Mr. Jones further recommended that the plans to the building should be microfilmed.

Mr. Watkins informed the Board that a Certificate of Occupancy had been issued by the City of Leesburg.

Mr. Watkins suggested the Board make the following motions:

1. To accept the building.

2. To pay the contractor in accordance with the County

Attorney's approval. Mr. Watkins stated the contractors would like to be paid as soon as possible so that they may pay the subcontractors.

Discussion occurred regarding the handicapped restroom facilities which were not installed in the facility. Mr. Jones stated that he would be willing to do the necessary supervision to get the handicapped restroom facilities installed in the ambulance bay. Be further requested the assistance of Mr. Calloway. Mr. Jones stated that his services did not include the purchase of the equipment nor the installation of the equipment.

Mr. Watkins stated that it was a code requirement for public buildings to have handicapped facilities and that it was his understanding that Mr. Jones would bear the entire cost of the project.

Mr. Jones stated it was his understanding that the public would not be permitted any further into the building than the reception area of the Medical Examiner's Facility. Be further stated that as a result of that, he did not feel he was required to place the restroom facility in the paramedics side of the facility.

Discussion occurred regarding the definition of a public building.

It was further noted that the contractor has complied with his contract.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board referred the installation of the handicapped restroom facility back to the Building Committee and requested the County Attorney review the law pertaining to the codes for that type of building and report back to the Board with a recommendation.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved final payment to Tyco Construction Company with the exception of $14,000.00 as recommended by the Building Committee and the County Attorney's Office.

Commr. Smoak informed the Board that Mr. Nick Jones, Architect, had furnished to the Board, free of charge, two copies of the plans for the old Cooper Memorial Library building which will be used for the South Lake County Courthouse Annex.

RIDS/PUBLIC WORKS

Discussion continued regarding bids received for the two (2) wheel tractors with flail mowers for the Public Works Department. The Board directed Mr. Willett, Director of Development & Public Works, to check with the dealers to see if they would agree to separating the bids.

BONDS/COMMUNICATION

Mr. Bill Mayer, Law Office of Holland & Knight, addressed the Board to discuss a proposed Lake County Industrial Development Bond Issue. He stated his firm was the bond counsel representing Hesco Sales, Inc. He stated the Company was requesting the issuance of the bonds to finance the acquisition of a site of land located on Highway 48 in Okahumpka, the purchase of the existing building and equipment on the property, and would like to construct a facility to manufacture trash containers, hydraulic trash compactors for industrial use and related equipment. He further stated that the proposed bond would be privately placed and that Hesco Sales, Inc. would agree to guarantee the obligation of the Company in connection with this bond issue. He explained that this would create approximately 70- 0 new jobs in Lake County.

Mr. Charles Diveto, Jr., Accountant for Hesco Sales, Inc., was present to discuss the request with the Board. He stated that this type of construction was light manufacturing, it has zero pollution (no air, water, or land pollution), and all the work is performed in house. He further stated that most of the raw materials are shipped in by trucks and rail and then the products are shipped out by truck.

He informed the Board that there was a Hesco Sales Company located in Miami. Be stated that eventually most of the major operation in Miami would be moved to Okahumpka. Mr. Diveto further explained that the Company was incorporated in the State of Florida in 1977, but that it had been in operation since 1969.

Discussion occurred regarding the purchase of the property. Mr. Diveto stated that the Company is currently into negotiations and that there are no legal commitments on the property.

Mr. Elmer Givens, owner of the property, informed the Board that a verbal agreement has been made.

The Board discussed the proposed Inducement Resolution and Memorandum of Agreement which were submitted by Mr. Mayer. Discussion occurred regarding that the clause that all costs incurred by the County Attorney's Office would be paid by the Company be included in the Resolution. Mr. Minkoff, County Attorney's Office, stated that he did not recommend passing the Resolution until receiving the Company's financial statements. Discussion continued regarding the financial statements for the company. Mr. Diveto informed the Board that the financial lenders that the Company did business with did not require any past audited statements due to the company's securities which are involved.

It was the feeling of the Board that the Company should submit a letter of commitment from the lender to the Board prior to any action occurring with the Resolution. Mr. Minkoff further stated that the Resolution could be rewritten approving the Resolution subject to the receipt of the letter of commitment from the lender.

The Board directed Mr. Mayer to work with the County Attorney's Office to review the Inducement Resolution and come back to the Board with a recommendation.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board postponed any further action regarding the Inducement Resolution requested by Hesco Sales, Inc. until July 21, 1983, at 10:30 a.m.

RECESS & REASSEMBLY

At 12:15 p.m. the Chairman announced that the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for the Rezoning agenda.

REZONING

PUBLIC HEARING #27-83-3 A to RR Jasiel N. Ball

Mr. Jerry Sexton, Planning and Zoning Coordinator, informed the Board that the applicant was requesting a postponement for thirty (30) days due to an illness in the family.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until July 12, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #51-83-4 A to RR Margaret Cammack

Mrs. Cammack, petitioner, was present to discuss the rezoning with the Board. Along with a report, Mrs. Cammack presented the Board with exhibits of her proposed project. She stated that she would like to rezone her property for a subdivision. She stated that she wanted to maintain a rural country club atmosphere.

The following persons addressed the Board in favor of the

rezoning:

1. Mr. Keith Cothfield and Mr. Howard Durden, Boyer, Singleton and Durden.

2. Ms. Margaret Winstead, Soil Conservation, was present on behalf of Mr. Mark Burgess. Commr. Carson read a letter received from Mr. Burgess.

3. Mr. Theodore Conforti, developer.

4. Mr. Jim Thomas, Oakmont Realty, Inc.

Mr. Ted Wicks, Pollution Control Director, addressed the Board to discuss the water problem on the property.

No one present in the audience wished to speak in favor of the denial.

Mr. Wicks informed the Board that the staff had spent considerable time with this request and that he would not be able to support the RR density with the property as it is now. He further discussed the drainage problems on the property.

Mr. Jerry Sexton, Planning and Zoning Director, stated that the Planning Department recommended denial for the following reasons:

• The request was in direct conflict with the wetlands ordinance.

2. The request is in conflict with the land use of the surrounding area (for example there is a dairy and chicken farms in the area).

Mrs. Cammack informed the Board that she intended closing the dairy and the chicken farms were located down the road.

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

Commr. Smoak stated that he supports the motion as it gives the individual the private property rights to make a personal decision whether it is economically feasible to pursue the project.

PUBLIC HEARING CUP #861-4 CUP in A Jack E. & Katherine A.

McDonald

Mr. Jack McDonald, petitioner, was present to discuss this case with the Board. He stated that it was his intention of keeping only 15 sows on the property and raising baby pigs for the market. He stated that there would not be a feeder operation.

Mrs. Margaret Cammack, adjoining property owner, addressed the Board and stated that she was not opposed to the CUP, but that she did oppose to deleting the word "congregating" from the CUP. She further stated she felt that there could be an odor and fly problem.

Mr. Willett, Director of Development & Public Works, stated that this request was consistent with other rezoning cases of this type. He further stated that he felt there were no conflicts pertaining to this case and that the staff had acted in the proper manner.

Mr. Leon Parrish, South Lake County, addressed the Board and stated that he has previously operated a sow operation. He stated that the sows needed the range and grazing. He discussed placing an electric fence around the property. It was noted that pigs usually congregate for food and water.

The Board questioned if Mr. McDonald had any objections to leaving the word "congregating" in the CUP as written. Mr. McDonald stated that he did not object to leaving the word written into the CUP.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) for a hog farm and directed that the word "congregating" be left in the CUP.

PUBLIC HEARING #46-83-4 R-1-5 to CP Eula R. High

Mr. Ranston Davis, attorney representing Mrs. High, was present to object to the Planning Commission's recommendation of denial. He stated the reason for the rezoning request was to enable a post office to be built on the property.

No one present wished to speak in favor of the denial.

Mr. Jerry Sexton, Planning and Zoning Coordinator, stated that the people in the Sorrento area did not have home delivery. He stated that since the people had post office boxes, that this would generate more traffic in the proposed area.

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

PUBLIC HEARING CUP #859-3 CUP in A and R-l-7 Hi Acres

No one present wished to discuss this rezoning with the Board. Mr. Wicks, Pollution Control Director, addressed the Board to report on the use of reclaimed sanitary waste water for agricultural purposes. He stated that the staff has addressed the monitoring and surveillance needs on the project which are listed under K, L, and M in the CUP. He further stated that a letter had been received from Boyle Engineering concurring with those items.

He further stated that Orlando, Orange County, and the engineering firm are in agreement with the parameters of the project.

Commr. Smoak stated he felt that the citizens of Lake County should not have to pay the cost for monitoring the project and questioned if Mr. Wicks had negotiated with the engineers for the City of Orlando concerning a dollar amount to cover the cost of monitoring the system. Mr. Wicks stated it was his understanding that they have agreed to accept the responsibility for the cost of monitoring of the system. He stated he did not have a final cost figure. He further suggested assigning a County staff member to act as coordinator.

Mr. Bob Haven, Director of Public Works for the City of Orlando, was present to discuss this rezoning with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to amend the CUP to include Item "0" which states that the City of Orlando agrees to reimburse to Lake County Board of County Commissioners for monitoring purpose of the effects of the CUP on Lake County waters and land not less than $15,000 with an annual review of the cost factors.

Mr. Minkoff, County Attorney's Office, suggested that the CUP not become operative until an agreement is signed with Orange County and the City of Orlando.

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved to amend Item "G" in the CUP to read: "NO irrigation is to be allowed within one hundred (100) feet of adjacent, occupied dwellings."

Commr. Burhans voted "No".

Commr. Carson made a motion, which was seconded by Commr. Smoak to delete Item "B" in the CUP. Discussion occurred regarding controlling the amount of saturation level of the soil should Item "B" be deleted. Mr. Wicks stated that the project would still be subjected to the Pollution Control rules. Commr. Carson withdrew his motion and Commr. Smoak withdrew his second.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved to amend the CUP to include under item "B" the following: The CUP must conform with the Lake County Pollution Control rules of a maximum application rate of two (2) inch per acre per week unless a variance has been granted by the Lake County Pollution Control Board under the appropriate Chapter 1.6 of the Pollution Control Rules.

Commr. Burhans voted "No".

Commr. Windram was not present for the vote.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Roard upheld the recommendation of the Planning Commission and approved the CUP in A (Agriculture) and R-l-7 (Urban Residential) for reclaimed water use, as amended.

Commr. Burhans voted "No".

Mr. Ted Wicks, Pollution Control Director, addressed the Board to discuss what type of monitoring program will be conducted.

Mr. Leon Parish, South Lake County, addressed the Board to discuss this rezoning case.

PUBLIC HEARING #61-83-5 A to R-1-5 Stanley H. Williams

Mr. Williams, petitioner, was present to discuss this rezoning case with the Board. He stated he would like to rezone the property in order to build another house on the property.

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

PUBLIC HEARING #73-83-5 A to MP Eldred J. Duvall

No one present wished to discuss this rezoning case with the Board. It was noted that the Division of Forestry had some concerns with the proposed fireworks factory regarding the potential of fire.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to MP (Planned Industrial).

Commr. Windram voted "No".

PUBLIC HEARING #67-83-5 A to R-1-5 Truman E. McCall

No one present wished to discuss this case with the Board. Commr. Burhans informed the Board that he had spoken with Mr. McCall regarding the case.

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

PUBLIC HEARING #63-83-4 A to AR Marion & Anne Manderson Commr. Windram informed the Board that a letter and a petition had been received from Mr. Willie Smith in opposition to the rezoning.

Mr. Willie Smith, Highland Lakes Subdivision, addressed the Board in opposition to the rezoning. He stated that he felt the rezoning would take in more than half of the right-of-way which he felt had been wrongfully given away in April, 1980. He further stated that he was not objecting to the rezoning but that he objected to that part of the right-of-way being included in the rezoning.

Mr. Sanford Minkoff, County Attorney's Office, stated that the change of zoning would not affect the right-of-way.

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

PUBLIC-HEARING #66-83-4 A to AR Paul Andree III

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

On a motion by Commr. Carson, 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 CUP #809-4 Revocation of CUP Marshall Minks

No one present wished to discuss the rezoning case with the

Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved revocation of CUP #809-4.

PUBLIC HEARING CUP #862-4 CUP in A Marshall Minks

No one present wished to discuss this rezoning 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 approved a CUP in A (Agriculture) for a home beauty shop.

PUBLIC HEARING #71-83-4 C-l to CP Michael & Carol A. Blocker

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

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial).

PUBLIC HEARING #62-83-4 RR to R-1-15 Florida National Bank

at Orlando, Trustee

Mr. Charles Clayton, Clayton Realty, addressed the Board representing Florida National Bank in opposition to the Planning Commission's recommendation for denial.

Mr. Clayton discussed the traffic study plan for the project. He stated that two entrances were being proposed. He further proposed to build deceleration lanes at the entrances and that there would not be an acceleration lane at the exit.

He presented the Board with a letter from the Environmental Department which stated that the soil is acceptable but that the

"pads" would have to be raised "12-14".

He further stated that he had a letter from the City of Mt. Dora which states the property is in their service area for water and sewer. He explained it was the owner's intention to build a community water system with enough force so that a fire hydrant could be placed out on Lakeshore Drive to enable the property owners to have fire protection.

Mr. Gordon Perkins, Mt. Dora, was present in favor of the denial. He stated he felt that the added traffic to the area would cause a density problem and noted that there had been a severe flooding problem along Lakeshore Drive.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning from RR (Rural

Residential) to R-1-15 (Residential Estates).

PUBLIC HEARING #64-83-3 R-1-7 to RP Gene Smith

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from R-l-7 (Urban Residential) to R-l-6 (Single Family/Duplexes).

PUBLIC HEARING #60-83-3 RMRP to RM Charlie Squibb

Mrs. June Cochran addressed the Board objecting to the rezoning. She stated that it was her understanding that the property was zoned residential and that she objected to mobile homes being allowed in the area.

Mr. Jerry Grief, Planning Department, informed Mrs. Cochran that the property had been zoned for mobile homes since 1969. The Board directed Mr. Grief to research the records to make sure that the Board had rezoned the property.

Mr. Vernon Yoder stated his main concern was whether the property would be able to handle the influx of sewage. He stated that he did not object to the rezoning if it meets the necessary qualifications.

Mr. Ted Wicks, Pollution Control Director, addressed the Board regarding this case.

Mr. Gene Prime addressed the Board to question if there would be any type of tests run on the property. Mr. Prime was informed that the Health Department would go out and run percolation tests and that there are annual reviews conducted.

Mrs. Clara Bair, Tavares, addressed the Board and stated that this property is all wetlands and she did not see how the property could be developed and how the homes would be placed on the property.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from RMRP (Mobile Home Rental Residential) to RM (Mobile Home Residential).

PUBLIC HEARING #65-83-5 R-1-7 to C-2 Pine Island Land

Company

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and accepted the petitioner's request for withdrawal.

PUBLIC HEARING #70-83-5 A to R-1-5 Marion Frances McKinney

Mrs. McKinney, petitioner, was present to discuss the rezoning case with the Board. She stated the reason she wanted her property rezoned was so that another dwelling unit could be placed on the property. Discussion occurred regarding different types of zoning that might suitable for the area and fit Mrs. McKinney's needs.

At this time Commr. Windram turned the chair over to Commr. Deems.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board postponed this case until July 12, 1983, until 2:00 p.m. or as soon thereafter as possible.

Commr. Windram was not present for the vote.

PUBLIC HEARING #69-83-l RMRP to R-1-15 Leesburg

Development, Inc.

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from RMRP (Mobile Home Rental Residential) to R-1-15 (Residential Estates).

Commr. Windraw was not present for the vote.

PUBLIC HEARING #68-83-l A to R-l-5 Nancy Pace Hunt

Mrs. Hunt, petitioner, was present to discuss the rezoning with the Board. She stated she would like to build a home on the property. It was pointed out that there was already a mobile home on the lot.

At this time Commr. Deems turned the Chair back over to Commr. Windram.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning from A (Agriculture) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING CUP #854A-2 Amend CUP Patricia Johnson

No one present wished to discuss this rezoning with the

Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to Amend the CUP in R-l-5 (Mobile or Mixed Residential) for an adult congregate living facility.

PUBLIC HEARING #74-83-2 A to RMRP and/or C-l Glen Tyre et. al.

Mr. Steve Richey, attorney representing Mr. Tyre, was present in opposition to the Planning Commission's recommendation for denial. He stated his client was requesting to expand the present CUP to allow expansion of the present RV park.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial).

PUBLIC HEARING CUP #866-3 CUP in RMRP and/or C-l Glen Tyre

et. al.

Mr. Steve Richey, attorney representing the petitioner, was present to discuss this request with the Board.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved a CUP in C-l (Rural or Tourist Commerical) for a RV park.

PUBLIC HEARING CUP #864-2 CUP in A Leon Parish

Mr. Leon Parish, petitioner, was present to discuss the rezoning case with the Board. Mr. Jerry Sexton, Planning & Zoning Coordinator, informed the Board that Mr. Parish was in code violation as he had five (5) mobile homes on his property.

Mr. Parish stated that three (3) of the mobile homes were separate dwelling units and that three (3) families occupied them. He further 205 explained that he would be selling another mobile home and that the fifth mobile home would be used as a shed.

Mr. Sexton noted that the three mobile homes are in a cluster type housing facility.

The Board informed Mr. Parish that he come into the Planning Department with a drawing showing the footage of his property and if it met the necessary requirements, then Mr. Sexton would be able to approve subdiving the property.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied a CUP in A (Agriculture) for cluster housing.

PUBLIC HEARING #75-83-2 A to RM William Danko

Mr. Steve Richey, attorney representing the petitioner,

addressed the Board regarding this rezoning case. The Planning Department stated that it was not a lot of record.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved the rezoning from A

(Agriculture) to RR (Rural Residential).

PUBLIC HEARING CUP #865-2 CUP in A Triple C. Development

co.

Commr. Windram read the following letters in opposition to

the proposed sprayfield:

1. Letter from the Larsens

2. Mr. Larry King, Blue Sink Groves, Inc.

3. Mr. David Cauthen

4. J. F. Whitt, DDS

Mr. Dan Robuck, representing Blue Sink Groves, addressed the Board in opposition to the Planning Commission's recommendation for approval. He further stated he had a letter from the Knowles Trust also in opposition to the rezoning. Mr. Robuck stated he felt that the company has not conducted enough studies on the project. He further stated that should the rezoning be approved, the facility should be designed to eliminate any odor.

Mr. Jim Busby, property owner south of the proposed project, addressed the Board in opposition of this rezoning. He presented the Board with a letter from C. W. Sherfield, P. E. He requested the Board consider an amendment be attached to the CUP that the Company agrees to monitor and test the private water wells every three months.

Mr. Jim Meade, grove owner, also addressed the Board regarding this rezoning case.

Mrs. Busby addressed the Board and presented soil samples for the Board's review. She further stated that Mr. Larsen and Mr. Hoffman also objected to the rezoning.

Mr. Dewey Burnsed, attorney representing Silver Springs coop., addressed the Board in favor of the rezoning.

Mr. Bob Edmunds, Jones, Edmunds & Associates, addressed the Board to discuss the soil characteristics of the property. He stated that the firm had conducted a preliminary evaluation of the site and had discussed the land use standpoint of the property with the Planning Department. Mr. David Keel, also with Jones, Edmunds & Associates, addressed the Board regarding the rezoning case. He stated that six (6) borings had been performed on the property.

Discussion occurred regarding the potential odor problem. He stated that he could not guarantee that there would be absolutely no odor. He stated there could possibly be a slight citrus smell that is associated with the water itself. He stated the facility would be designed to prevent chronic odor problems.

Mr. Edmunds commented on questions raised by the opposition in the audience. He stated they would not recommend irrigation of the site be implemented until all the final work and testing is performed. He further stated that the Company would not anticipate spraying any closer to the Busby house than l/4 mile.

Mr. Edmunds informed the Board that eight (8) different sites had been reviewed.

Mr. Robuck questioned if both the old site and the new site would be used. Mr. Edmunds replied that both sites would be in operation.

Commr. Burhans made a motion, which was seconded by Commr. Deems to overturn the recommendation of the Planning Commission and deny the CUP. Discussion continued.

Mr. Robuck stated that his main objection to the CUP was the potential odor problems.

It was noted that the Board has the opportunity to review the CUP every three (3) years.

Mr. Burnsed suggested they meet with the property owners to discuss the problems and return back to the Board for a final decision.

Commr. Smoak suggested that the motion be left on the floor and postpone any action until the next meeting. Discussion occurred regarding denying the CUP without prejudice so that the petitioner could come back to the Board in 90 days.

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board postponed this rezoning case until July 5, 1983, at 2:00 p.m.

PUBLIC HEARING CUP #863-2/3 CUP in A Jahna Industries

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 Commission and postponed this case until July 12, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #77-83-l Amend CP Silver Lake Estates

(Rosemary Purdum)

Mr. Dewey Burnsed, attorney representing the petitioner, was present to discuss this case with the Board. He further requested a change on the site plan that was approved by the Planning Comission. Mr. Gabe Williams, Imperial House, and Mr. Chick Gregg, City of Leesburg, was also present to discuss the rezoning case.

He stated that the staff recommended a frontage road. He submitted a new site plan with one entrance and one exit. He further stated that the Department of Transportation has agreed to grant a permit on the new site plan.

At 7:35, Commr. Carson excused himself from the meeting.

Mr. Gregg stated that with the original site plan that there would be a traffic problem.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to Amend CP (Planned Commercial) to include a department store and approved the new site plan (1 entrance and 1 exit) as submitted by Mr. Burnsed subject to the petitioner working with the Planning Department regarding the entrance and exit.

PUBLIC HEARING #76-83-3 A to R-1-15 Donald B. & Mary Ann Bailey

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved rezoning from A (Agriculture) to R-1-15 (Residential Estates).

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board directed the Planning Department to investigate the property in this area and come back to the Board with a recommendation for proper zoning.

CETA

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Ceta Budget Modifications for CETA Administration, CETA Programmatic - 150 and the 1983 Summer Youth Employment Program as recommended by Mr. James Flowers, CETA Director.

BIDS/PUBLIC WORKS

Mr. Mike Willctt, Director of Development & Public Works, addressed the Board regarding the bids received on the wheel tractors with flail mowers. He stated that after further research, none of the bids met specifications.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to throw out the bids received on the two (2) wheel tractors with flail mowers.

There being no further business to be brought to attention of the Board, the meeting adjourned at 7:45 p.m.

Thomas J. Windram, Chairman

James C. Watkins, Clerk

mcg/6-17-83