A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 12, 1983

The Lake County Board of County Commissioners met in regular session on Tuesday, July 12, 1983, at 9:00 a.m. in the County Commissioner's 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.; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.

The Invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the special minutes of June 30, 1983, as submitted.

Commr. Windram was not present for the vote.

WATER AUTHORITY/MOSQUITO CONTROL

Commr . Smoak informed the Board that he had appeared before the Water Authority Board regarding the aquatic weed problems in Lake County. He stated the Water Board was favorable in formulating a master plan for aquatic weed control. He further stated that he had instructed Mr. Phil Yoder, Mosquito Control Director, and Mr. Eric Cotsenmoyer, Assistant Mosquito Control Director, to prepare an aquatic weed control plan for entire Lake County, which would be presented to the Water Authority Board for review and would be brought before the Board for approval.

APPRAISALS/FAIRGROUNDS

Commr. Smoak informed the Board he had received a letter from the City of Eustis in which the City agrees to pay half the cost of having the Lake County Fairgrounds appraised. He stated that several MAI appraisers had been contacted and that Mr. Fred Kurras was the only MA1 Appraiser who expressed an interest in the project. He further stated that Mr. Kurras estimated the cost of the project would not exceed $2,000.00.

Commr. Smoak stated that Mr. Steve Kurtz, Eustis City Commissioner, had contacted him regarding another individual who might be interested in the job.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Fred Kurras, MA1 Appraiser, to perform the appraisal at the Lake County Fairgrounds in an amount not to exceed $2,000.00 with the stipulation that the County will furnish Mr. Kurras a survey, a topo, soil tests, and utility easements.

HEALTH DEPARTMENT

Commr. Windram informed the Board he had received a letter from the State of Florida, Department of Health and Rehabilitative Services, stating that Dr. Atkinson, Lake County Health Director, has been requested to serve as acting director of public health for Sumter County until such time a new director is employed. The Board directed Dr. Atkinson and Commr. Burhans to determine the impact of this request on Lake County.

FIRE DISTRICTS-DEPARTMENTS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board accepted the resignation of Patricia A. Keen, Fire Commissioner with the Paisley Fire District, and directed a letter of appreciation be sent to Ms. Keen.

Commr. Carson was not present for the vote.

FIRE DISTRICTS-DEPARTMENTS/APPOINTMENTS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the appointment of Bernice Conner to the Paisley Fire District to fill the unexpired term of Ms. Patricia Keen.

SOIL CONSERVATION/ACCOUNTS ALLOWED

On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved travel for Tommy Ray Powers, Jr., Soil Conservation, to attend the Soil Conservation Service Training Course for training and certification in use of neutron probe equipment for measuring soil moisture in Brooksville, Florida, July 26-29, 1983, at an estimated cost of $200.00.

Commr. Windram was not present for the vote.

AMBULANCES-HOSPITALS

Commr. Burhans informed the Board he had received a request from the Astor Area Volunteer Rescue Service for a public

convenience and necessity certificate to operate an ambulance service in the Astor area. The Board referred the request to Mr. Ford, County Attorney.

BIDS/PURCHASING

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board awarded County Bid #210-009-083 for Filled Rip Rap Bags to Golden Triangle Builders Supply, Mt. Dora, through August 1, 1983, as it was the best bid received.

LICENSES & PERMITS

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

New - Albert Wayne Roberts, Sr. Albert Wayne Roberts, Jr.

William Terry Conklin Charles T. Parker

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board denied the gun permit for Hazel Alexander, Jr. based upon information received from the Sheriff's Department.

BUDGET TRANSFERS

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

GENERAL FUND

Please transfer $52,188 from Account 001-599-1-00-99-000-999 Contingency to Account 001-519-1-00-01-020-640 Building-Morgue. Reason: Approved by Board of County Commissioners 6/14/83.

Please transfer $25,000 from Account 001-599-1-00-99-000-999 Contingency Reserve to Account 001-537-1-00-01-090-523. Reason: Approved by Board of County Commissioners 6/21/83.

BUILDING CUSTODIAN

Please transfer $14,318 from Account 001-599-1-00-99-000-999 Contingency Reserve to 001-519-1-00-16-100-120 ($11,288) Regular salaries to Account 001-519-1-00-16-100-210 ($757) Social Security Matching to Account 001-519-1-00-16-100-220 ($1,234) Retirement Contributions to Account 001-519-1-00-16-100-230 ($587) Life and Health Insurance to Account 001-519-1-00-16-100- 40 ($452) Workers Compensation. Reason: Two people transferred from Nursing Home.

ANIMAL CONTROL

Please transfer$500 from Account 001-562-1-00-33-000-400 Travel and Per Diem to Account 001-562-1-00-33-000-463 Building/Grounds Maintenance. Reason: For painting and repairs.

AGRICULTURE CENTER

Please transfer $112 from 001-537-1-00-43-000-640 Machinery and Equipment to Account 001-537-1-00-43-000-520 Operating Supplies. Reason: To buy 3.5 zoom lens.

Please transfer $500 from 001-537-1-00-43-000-462 Equipment Maintenance to Account 001-537-1-00-43-000-463 Maintenance Building/Ground. Reason: Overexpended.

ELECTION REGISTRATIONS

Please transfer $1,000 from Account 001-519-00-12-010-510

Office Supplies to Account 001-519-1-00-12-010-411 Postage.

Reason: Overexpended.

MOSQUITO CONTROL STATE II

Please transfer $828 from Account 116-562-l-00-29-130-523 to Account 116-562-1-00-29-130-640 Machinery and Equipment. Approved by Board of County Commissioners 6/30/83.

PUBLIC WORKS AGENDA

PUBLIC WORKS/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Department of Transportation for the County to pay one half of the annual maintenance cost (County portion being $490.00) for a Grade Crossing Protective Device at Mt. Dora on Lakeshore Drive, #4-4265, just before the intersection of Old 441.

WATER AUTHORITY/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved one-time maintenance for the Water Authority at Cherry Lake dike in the amount of $850.00.

PLANNING DEPARTMENT/ACCOUNTS ALLOWED/COUNTY EMPLOYEES

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to reimburse Larry Schuster, Senior Planner, $82.90 upon the successful completion of a Technical Writing Course taken at Seminole Community College.

PUBLIC WORKS/COUNTY EMPLOYEES

On a motion by Commr. Deems, seconded by Commr. Burhans and annual leave for Michael carried unanimously, the Board approved C. Willett, Director of the Division of Works, from August 1 through August 8, Development and Public 1983.

BUDGETS

Commr. Windram informed the Board that he had met with Don Smalt, Administrative Services Director, and Robert Wilson, Finance Director, regarding problems with the budget. He stated that Mr. Smalt and Mr. Wilson were checking the budgets for the major departments for any errors.

FUNDS-GENERAL/PUBLIC WORKS

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to execute the Department of Transportation voucher for transfer of funds for Project No. 13-83, C-48 Widening and Resurfacing in the amount of $169,296.25.

BONDS-MOBILE HOME

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

carried unanimously, the Board approved the request from Markus W. Fields - Cassia Station Area - District #4 to live in a mobile home on the same piece of property on which his conventional dwelling is being built, subject to the proper bond being posted and with the stipulation that the mobile home will be removed upon completion of the conventional dwelling or upon request of the Board of County Commissioners.

The motion also included approval of the following mobile home bond renewals:

1. Robert McGill - Groveland Area - District #2

2 . Jack W. Wintersteen - Astor Area - District #5

The motion also included cancellation of the mobile home bond for Willard Harris in that the construction of the conventional dwelling has been completed and the mobile home has been removed from the property.

LANDFILLS/GAME & FISH COMMISSION

Mr. Carlton Chappell, Game & Fresh Water Fish Commission in Ocala, addressed the Board to request the use of the old Astatula landfill for a dove range site. He informed the Board that the Commission has used the Tri-City location for the past four years.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Game and Fresh Water Fish Commission to use the old Astatula landfill as a dove range site.

CODE VIOLATION/DEEDS

Mr. Mike Willett, Director of the Division of Development and Public Works, addressed the Board to discuss a code violation against Mrs. Stella Pharis. He stated that the property is not buildable. He informed the Board that Mrs. Pharis lives out-of- state and that a letter had been received from her attorney stating that Mrs. Pharis would not assume any responsibility for the property. He stated that the letter indicated Mrs. Pharis would be willing to execute a deed conveying the property to the County.

Discussion occurred regarding the property being sold at a tax deed sale.

Mr. Ford, County Attorney, stated the County could accept a deed from Mrs. Pharis and then give a quit claim deed between the adjoining property owners providing they would clean the property. Mr. Ford further recommended a title search be run on the property should the Board be interested in obtaining the property. It was noted that the property was located at C-466 and Jefco Road near the City of Fruitland Park.

On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney to correspond with Mr. Rose, attorney for Mrs. Pharis, requesting the Warranty Deed and bring any information back to the Board for final action.

MUNICIPALITIES/GRANTS/OUTDOOR RECREATIONAL FACILITIES

Mr. Mike Willett, Director of the Division of Development and Public Works, addressed the Board to discuss the Small Business Administration Parks and Recreation Grant. He stated that the cities have been contacted regarding the grant and that most of the cities did not have specific projects. He stated that Eustis, Leesburg, and Mount Dora have already received funding.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board granted authorization for the County to submit, on behalf of the cities, if they desire,

application for the grant funds.

PUBLIC WORKS

Commr. Smoak questioned Mr. Mike Willett, Director of the Division of Development and Public Works, if he had the costs for the double surface treatment on Fosgate Road and C-455 and Ridge- wood.

Commr. Smoak requested that Mr. Willett obtain the costs and report back to the Board.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $30.00 to reimburse the Lake County Sheriff's Department for sending Deputy J. Bagby to the EVOC Driving School at Daytona Beach Community College, June 20- 4, 1983.

REPORTS/MENTAL HEALTH

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the following reports:

1. Monthly Report for June from Lake County Senior Services.

2. Statistical Analysis Report for period ending June 30, 1983, and Income and Expense Report for month of June from Lake Sumter Community Mental Health Center.

3. Distribution of Revenue Traffic/Criminal Cases for the week ending June 30, 1983, in the amount of $5,508.60.

AMBULANCES-HOSPITALS

Mr. Chris Ford, County Attorney, reported to the Board that the Northwest Hospital Board was willing to help fund the indigent obstetrics. He stated that Waterman Medical Center was not willing to enter into an agreement regarding the indigent obstetrics. He further stated that Waterman Medical Center was in favor of a birthing center. He stated that Sandy Minkoff, County Attorney's Office, would have further information for the Board.

HEALTH DEPARTMENT

Commr. Windram informed the Board he had received a letter from Dr. Atkinson, Director of the Lake County Health Department, regarding instructions the Health Department received from Tallahassee concerning HB 47-B regarding fees. Discussion occurred regarding the fee structure. No action was taken at this time.

CETA/STATE AGENCIES

Mrs. Barbara Manning, Leesburg Manager of the Florida State Employment Service, addressed the Board to discuss the reorganization of the Employment Service. She presented the Board with a preliminary plan of service for Fiscal Year 1984 for the Board's review. She stated that she has not received any funding figures for next year. She further stated that she would like to appear before the Board at a later date with the final plan.

CETA

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved travel for Brenda Pullum, CETA, to attend a Statewide Financial Subcommittee meeting in Tallahassee, Florida, July 20th and 21st, 1983, all costs being paid with CETA Administrative funds.

RECESS & REASSEMBLY

At 10:45 a.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 Rezoning.

REZONING

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

Mr. Ball, petitioner, was present to discuss this rezoning with the Board. He presented the Board Members with a letter regarding the case.

On a motion by Commr. Smoak, 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).

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

Mr. Jack Brannon, attorney representing the petitioner, addressed the Board regarding this case. Mr. Brannon stated they were requesting a CUP to construct a mining facility.

He introduced Mr. Emil Jahna; Emil Richard Jahna; Richard Fountain, Consulting Engineer; and Michael Dennis, Breedlove &.Associates, Environmental Consultants, who were present in the audience.

Mr. Brannon explained that Jahna Industries was a family- owned corporation which owned five (5) sand mines and two (2) rock mines. He stated that only 518 acres of the property would be mined and that the balance of the land would be used for

agricultural purposes. He further stated that the mine will employ approximately 20 people.

Mr. Richard Fountain, Mining Consultant, was present to discuss the mining plan with the Board. He stated mine is to be operated by electric dredge, to depths of SO to 60 feet below land surface. He explained that the mining rate would be approximately 10-15 acres a year. He stated this operation was designed as a closed system. He stated that there would be no discharge from this. He explained that rainflow and groundwater will make up the water that is used.

Mr. Fountain stated that he felt the design of the mine and the avoidance of using the wetlands area of the property would minimize the overall impact of the project on the Green Swamp. He further discussed the effect of the project on Little Creek.

Mr. Ted Wicks, Pollution Control Director, addressed the Board and stated that the request conformed with the mining

ordinance, should the ordinance be adopted by 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), as amended, for a sand mine.

PUBLIC HEARING #72-83-4 A to CP Ernest & Betty Pyle

No one present wished to discuss this rezoning case with the Board. Mr. Jerry Grief, Planning Department, informed the Board., that one letter in opposition to the rezoning had been received.

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

PUBLIC HEARING CUP #872-5 CUP in A Ralph N. Darden

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 a CUP in A (Agriculture) for special housing.

PUBLIC HEARING #84-83-5 A to RP Ralph H. Reeder, Jr.

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

Mr. Jerry Grief, Planning Department, pointed out concerns that the Department had.

PUBLIC HEARING #89-83-5 A to CP Astor-Astor Park Water

Assoc.

Mr. Carl Hungell, Astor-Astor Park Association, was present to speak in opposition of the Planning Commission's recommendation of denial. He stated there are only three (3) bottles of chlorine at the plant at one time.

Discussion occurred regarding including in the CP that the Association maintain the road to County standards.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial) and amended the CP to include that the Association must maintain the road to County standards.

PUBLIC HEARING CUP #869-5 CUP in A Audrey H. Ranize &

Mildred D. Holmes

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

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

PUBLIC HEARING #80-83-5 A to R-1-15 Cecil & Mary Warren

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

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

PUBLIC HEARING #86-83-5 C-2 and R-l-7 to CP or LM

David M. Wishneski

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from C-2 (Community Commercial) and R-l-7 (Urban Residential) to CP (Planned Commercial).

PUBLIC HEARING CUP #874-4 Class. of Uses & CUP in RR

Paul Andree III

No one present wished to discuss this 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 the Classification of Uses and a CUP in RR (Rural Residential) for a wholesale greenhouse.

PUBLIC HEARING #81-83-4 R-1-7 to A Reavis N. &

Yvonne A. Manking

No one present wished to discuss this case 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 rezoning from R-l-7 (Urban Residential) to A (Agriculture).

PUBLIC HEARING CUP #820A-4 CUP in RR First Baptist Church of

Tavares, Inc.

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 approved a CUP in RR (Rural Residential) for a church.

PUBLIC HEARING CUP #873-3 Class. of Uses & CUP in RR

Tien Hung Le

Mr. Le was present 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 denied the Classification of Uses and a CUP in RR (Rural Residential) for a heliport.

PUBLIC HEARING CUP #870-3 CUP in M-l James Hilliard

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 approved a CUP in M-l (Heavy Industrial) for a caretakers residence.

PUBLIC HEARING #90-83-l LM to CP Larry L. Swor

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from LM (Light

Manufacturing) to CP (Planned Commercial).

PUBLIC HEARING #83-83-l RR to RP Norman R. Rowley

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied rezoning from RR (Rural Residential) to RP (Multiple Family Residential-Professional).

PUBLIC HEARING CUP #868-l CUP in A Robert Torrence

Mr. Leonard Phillips, President of Green Thumb Garden Center Corp. , was present to object to the rezoning. He stated he was also speaking on behalf of Mr. Frank Jaegers. Mr. Ron Phillips also addressed the Board to object to the rezoning. He stated that he objected to the type of extraction that would be taking place on the property and that he felt there could be a possible erosion problem.

Mr. David Moulton, prospective buyer of the property, addressed the Board regarding this case. He stated that he felt he could comply with the requirements listed in the Conditional Use Permit.

Mr. Ted Wicks, Pollution Control Director, was present to discuss the possibility of any drainage problems to the Phillip's property should the CUP be granted. Mr. Wicks stated that he did not think that there would be any problems with drainage.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in A (Agriculture) for sand extraction.

PUBLIC HEARING #85-83-l RR to R-1-7 J. Walter Lineberger

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

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until August 9, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #78-83-l Amend CP Roy A. Bradford

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to Amend the CP (Planned Commercial) to include retail sales in coins, gift items, and antiques.

PUBLIC HEARING CUP #871-2 Class. of Uses & CUP in RR

Scripps-Howard (Jack Bradshaw)

No one present wished to discuss this case 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 the Classification of Uses and a CUP in RM (Mobile Home) for a TV Receiving Tower.

PUBLIC HEARING #79-83-2 R-l-7 to A E.M. Lewis & Lena Lewis

Mr. Tex Merritt was present in opposition to the Planning Commission's recommendation for denial.

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

PUBLIC HEARING CUP #867-2 CUP in A E.M. Lewis & Lena Lewis

Mrs. Lena Lewis, petitioner, was present to answer any questions the Board might have.

Commr. Smoak made a motion, which was seconded by Commr. Burhans, to overturn the Planning Commission's recommendation for denial and granted a CUP in A (Agriculture) for special housing.

Commrs. Windram, Carson, and Deems voted "No"; therefore the motion failed.

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

Commr. Smoak voted "No".

PUBLIC HEARING #91-83-2 R-l-7 to CP Tex Merritt

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

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

Commr. Windram was not present for the vote.

PUBLIC HEARING #87-83-3 A to RR C. E. & Mary Blackburn

Commr. Smoak stated that he could not support the Planning Commission's recommendation for approval of the rezoning as it would set a precedent in this area.

Mr. Robert Blackburn, son representing the Blackburns, addressed the Board to discuss the rezoning. He stated that he did not feel there were any problems with the drainage and that he felt the rezoning would upgrade the area.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board overturned the recommendation of the Planning Commission and denied the rezoning from A (Agriculture) to RR (Rural Residential) without prejudice.

PUBLIC HEARING #92-83-3 A to R-1-5 Arvel E. Smith & Sons, Inc.

Mr. Steve Richey, attorney representing the property owner, was present to discuss the case with the Board. He stated that should the rezoning be approved, that a Restrictive Covenant would be recorded. Mr. Chuck Smith, petitioner, was also present to discuss the rezoning with the Board.

Commr. Smoak made a motion to approve the rezoning from A (Agriculture) to R-l-5 (Mobile or Mixed Residential).

Discussion occurred regarding rezoning the area to the R-l-5 zone. The Board directed Mr. Willett, Director of Development & Public Works, to research rezoning to R-1-5 and report back to the Board.

Commr. Smoak withdrew his motion.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this rezoning request until September 13, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #82-83-3 RA to AR John H. Hillebrandt

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

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

PUBLIC HEARING #88-83-3 A to RR Lake Cypress Citrus Co.

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

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

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

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

Commr. Burhans informed the Board that he and Mike Willett, Director of Development & Public Works, had gone out and looked at the property.

Commr. Burhans made a motion to overturn the recommendation of the Planning Commission and grant the rezoning to R-l-5. The motion died for a lack of a second.

PUBLIC WORKS/CONTRACTS, LEASES & AGREEMENTS

Mr. John Sweetwine, Montclair, addressed the Board to request a load of clay in order to make a baseball diamond for the children in the area. He stated that he would be willing to pick up the clay if the Board granted the request.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to donate four loads of clay to the Montclair Citizens Organization for the use in the improvement of their recreational program, with the Organization hauling the clay, and directed the County Attorney's Office to draw up the necessary agreement.

BUDGETS

Commr. Windram announced that there would be a budget workshop scheduled for Thursday, July 14, 1983, at 1:30 p.m.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:05.

Thomas J Windram, Chairman

James C. Watkins, Clerk

mcg/7-14-83