A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 8, 1979

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, May 8, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C.A. "Lex" Deems; G.Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford and Sanford Minkoff, County Attorney's Office; and Jennifer Kennedy, Deputy Clerk.

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

            ROADS, COUNTY, STATE

            Commr. Deems read a portion of the May 4, 1979, HAWTHORNE AT LEESBURG AARP CHAPTER 1775 NEWSLETTER thanking the Commissioners for their help in securing a flashing light at the intersection of SR 25 and Hawthorne Boulevard, south of Leesburg.

            ACCOUNTS ALLOWED/MOSQUITO CONTROL/TRAVEL

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved for Philip J. Yoder, Director of Mosquito Control, to attend a retirement conference for Dr. Andrew Rogers, Director of Entomology, in Jacksonville, Florida, via County-owned automobile, May 24, 1979, at an anticipated cost of $35.00.

            ACCOUNTS ALLOWED/MAINTENANCE

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a portable pressure washer for the Building Maintenance Department, not to exceed $250.00. This machine is needed to clean air conditioning coils and equipment.

            ACCOUNTS ALLOWED/COUNTY EMPLOYEES/MAINTENANCE

            Commr. Middleton stated in discussions with Mr. Knuckles, Purchasing Director presently evaluating the County's Maintenance needs, the high cost of air conditioning repairs was brought to light. Mr. Knuckles' recommendation is for the hiring of one air conditioning service technician for the Maintenance Department. Discussion occurred.

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board authorized the Personnel Department to hire an air conditioning service technician for the Maintenance Department, with the understanding his job description would include other routine, necessary maintenance as needed. Salary range discussed was $10,500 - $12,500. It was further suggested Mr. Porter, Personnel Director, contact the Eustis Vo-Tech Center regarding the availability of June graduates.

            MENTAL HEALTH

            Commr. Windram read a letter from the District III Mental Health Board, Inc., stating no deficiencies had been cited in a recent evaluation of the Specialized Children's Program of the Lake/Sumter Community Mental Health Center. It was noted the evaluation was for the purpose of assessing compliance with standards, and the evaluating team was very "favorably impressed" with the program.

            PLANNING DEPARTMENT

            Commr. Windram stated we had received notification from the United States Department of Agriculture, Forest Service, regarding their desire to purchase properties which would be incorporated into the Ocala National Forest. The Board did not desire to forward comments to the Forest Service regarding their acquisitions.

            FUNDS - GENERAL

            Commr. Windram read a letter from the Lake Community Action Agency, Inc., which included a proposal requesting the Board award $10,000.00 from revenue sharing funds to Lake Community Action Agency on an annual basis to implement their programs.

            Under discussion which followed, Commr. Windram stated he would be happy to respond to the letter and let them know the County is presently carrying out several of the suggestions in their proposal for low-income and minority areas. Commr. Windram stated he would further check to see if all revenue sharing funds have been allocated.

            ROADS - COUNTY, STATE

            Commr. Windram stated he had received a letter from Seaboard Coast Line Railroad Company offering for sale some recently abandoned right-of-way it felt the County might be interested in for public use.

            This letter was referred to the County Attorney to inquire as to the type of title Seaboard holds as well as the possibility of their taking a tax write-off by donating the property to the County.

            ASSESSMENTS/POLICY/ROADS, COUNTY, STATE

            At this time the Board discussed various proposed step-by-step procedures to be followed on all future Special Assessment Road Paving Projects. Discussion highlighted the problem areas which we have faced in the past: 1) getting the necessary money and 2) getting a contractor to honor his contract after the time lapse necessary for securing the funds. It was the attorney's opinion the process will probably continue to take three months.

            The feeling of the Board seemed to be agreement in that the time had arrived to establish some sort of revolving fund and steer away from our past bonding efforts which, in the long run, could reverse and prove negative. It was suggested the procedures be further investigated to incorporate findings from Pasco County's procedures and the use of Revenue Sharing Funds. It is the Board's desire that by establishing the availability of the necessary funds, the entire process will be able to proceed in a faster and smoother fashion.

            No action was taken on the policy at this time with the understanding it would be rewritten and brought before the Board again at a later date.

            EMERGENCY SERVICES

            Commr. Windram stated we had received a letter from the Department of Community Affairs regarding the revision of the Temporary Housing element of the State Disaster Plan. It was requested a copy of this letter be sent to Robert Lewis, Director of Emergency Services.

GAME & FRESH WATER FISH COMMISSION/OUTDOOR RECREATIONAL

            FACILITIES

            Commr. Windram read a letter from the Game and Fresh Water Fish Commission updating the Board on the seine haul program now in progress.

            MUNICIPALITIES

            Commr. Windram stated Representative Brantley had sent him a copy of a letter from the United States Department of Agriculture, Farmers Home Administration, notifying us of the availability of additional loan funds for water and waste disposal facilities in municipalities with a population of less than 10,000 people.

            The Clerk was requested to send copies of the letter to the appropriate municipalities.

            REZONING/PLANNING DEPARTMENT

            Commr. Windram brought to the attention of the Board a copy of a letter to The Leesburg Commercial regarding authorization for legal advertisement of the Department of Offender Rehabilitation's intent to purchase land. It was pointed out this land would be discussed in later rezoning hearings this afternoon.

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board acknowledged receipt of the April 30, 1979, Traffic-Criminal Department Distribution of Revenue Report.

            Commr. Deems was out for the vote.

            CONTRACTS & AGREEMENTS

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried, the Board authorized the renewal of the following two (2) leases between the Lake County Board of County Commissioners and John B. & Nannie F. Kirkpatrick, originally entered into in 1974, as follows:

            1)        The County gasoline storage area described as "all that part of Block 45 lying West of Seaboard Airline Railroad Company", Tavares, and

            2)        The "warehouse" located at 525 West Alfred Street, Tavares.

            Commr. Deems was out for the vote.

            GRANTS/FUNDS/GENERAL

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Chairman was authorized to sign the "Designation of Depository for Direct Deposit of Loan and/or Grant Funds" for the Section 8 Existing Housing, Project No. FL29-E106-001 & No. FL29-E106-002, authorizing the Lake County Bank of Leesburg to receive for deposit to the Lake County Board of County Commissioners, Section 8 Fund, #0007129, all U.S. Treasury Department funds resulting from contract number A-33-3 executed with the U.S. Department of Housing and Urban Development.

            Commr. Deems was out for the vote.

            PROPERTY APPRAISER

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried, the Board authorized the Chairman to sign the Certificates of Error and Correction on the 1978 Tax Roll numbered 5-33351 through 5-33375 as submitted by the Property Appraiser's office.

            Commr. Deems was out for the vote.

            ORDINANCE

            At 10:00 A.M. the Chairman announced the advertised time had arrived for the Public Hearing regarding the consideration for adoption of an Ordinance amending Ordinance 1976-6. It was noted that the proper proof of publication was on hand and had appeared in the April 17, 1979, edition of The Leesburg Commercial.

            No one present came forward to discuss this Ordinance with the Board.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Ordinance was placed on the floor for its first and only reading. Commr. Deems was out for the vote.

            At this time Mr. Ford read the title of the Ordinance as follows:

AN ORDINANCE AMENDING ORDINANCE 1976-6, WHICH PROVIDED FOR THE IMPOSITION OF FEES IN EXCESS OF THE FEES ALREADY IMPOSED BY GENERAL LAW AND LOCAL ORDINANCE FOR FILING CIVIL ACTIONS IN THE CIRCUIT COURT AND THE COUNTY COURT IN LAKE COUNTY, FLORIDA, FOR THE PURPOSES OF PROVIDING LEGAL SERVICES FOR THE INDIGENTS IN LAKE COUNTY, FLORIDA, BY TRANSFERRING FEES IMPOSED BY ORDINANCE 1976-6 TO THE LAW LIBRARY IN THE COURTHOUSE OF LAKE COUNTY, FLORIDA.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board moved the adoption of said Ordinance, Number 1979-4, as read by title only, on its first and only reading.

            Commr. Deems was out for the vote.

            FUNDS/GENERAL - ROADS/COUNTY, STATE

            Commr. Deems reported that of the $579,822.60 budgeted on construction and reconstruction of County roads, funds obligated were $324,922.10. He further stated on the 5th and 6th cent monies, budgeted at $963,627.68, $457,592.02 was obligated.

            FUNDS - GENERAL

            Discussion was held on an Attorney General Opinion regarding a Clerk's responsibility pertaining to the investment of surplus funds.

            Although the feeling of the Board was such that all guidelines were presently being followed, it was their desire to reaffirm the prior instruction in the form of a motion.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board further clarified their instructions to the Clerk as to the investment of surplus County funds. Instructions were to continue to invest surplus County funds in Federally-protected County banking institutions, previously approved by the Board, at the highest rate available. It was pointed out when funds are available, the Clerk is to contact all banking institutions approved and obtain bid prices and deposit at the highest rate.

            Discussion pointed out this is no change, simply reaffirming our present policy.

            RECESS AND REASSEMBLY

            At 10:18 A.M. the Board recessed until 10:25 A.M.

            JAILS/BIDS/CONTRACTS & AGREEMENTS

            It was brought to the Board's attention Mr. Dickerson, architect contracted by the Board to oversee repairs to the Jail, was ready to let the specifications for bid for the waterproofing of the Jail.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved for the advertising of the specifications to be let for bid regarding the waterproofing of the Jail. Discussion ended with no objection being voiced to the inclusion of an addendum/alternate to the specifications for the cleaning of the outside of the Old Courthouse.

            COUNTY EMPLOYEES/POLLUTION CONTROL

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the creation of an Administrative Assistant position in the Pollution Control Department to be filled by Mrs. Lillian Abrell, the present Executive Secretary.

            Discussion pointed out there would be no immediate increase in salary, nor would the vacant Executive Secretarial position be filled at this time.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved a one year leave of absence for Dave Rosenau, Pollution Control, subject to his signing an agreement stating he will return to work for the County, to enable him to further his education in the area of air pollution. The motion further authorized the transferring of a CETA employee into the vacant position to perform the routine work Mr. Rosenau did.

            ACCOUNTS ALLOWED/CETA/TRAVEL

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Evan Porter, Director of Personnel, to travel to Tallahassee, date undetermined at this writing, to discuss what flexibility he has to work with in regards to the recent $6,600.00 cap placed on CETA salaries.

            Discussion pointed out disappointment in that the cap would hinder the growth of municipal firefighters and law enforcement people who in the past had been placed with their municipality under the CETA program. Mr. Porter stated the federally-imposed cap was an attempt to enforce employment of more hardcore unemployed.

            CETA

            Mr. Porter asked permission to proceed negotiating with the local college regarding a CETA program. Discussion pointed out that while the service provided by the college would not be in the specialized area the employee was working, it would fulfill our requirement of providing counseling to enable advancement into an unsubsidized work program.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Porter to proceed with negotiations at Lake Sumter Community College in arranging a 15-week career counseling program for approximately 140 CETA PSE Section employees.

            ACCOUNTS ALLOWED/CETA/TRAVEL

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for Jan Gutterson to accompany Messrs. Spooner and Porter (CETA Administrators) to Nashville, Tennessee, on May 21 - 22, 1979, to attend a seminar regarding new federal regulations. Messrs. Porter and Spooner's travel was approved at the May 1, 1979, meeting.

            MAINTENANCE/POLICY

            Commr. Middleton asked if the Board would have any objection to he and Mr. Knuckles, Director of Purchasing, proceeding with the Maintenance outline as presented at a prior meeting.

            No objection was voiced.

            RECESS & REASSEMBLY

            At 10:50 A.M. the Board recessed until 11:00 A.M.

            ASSESSMENTS/RESOLUTIONS/CONTRACTS & AGREEMENTS

            At 11:00 A.M. the Chairman announced the advertised time had arrived to hear any objections to the proposed road improvements to Canal Drive, Springs Bath & Yacht Club, Unit III.

            It was noted the proper proof of publication had appeared in the March 19, 26, and April 2 editions of The Leesburg Commercial.

            Mr. Minkoff, Representative from the County Attorney's Office, stated we had received return-receipt acknowledgment notification from nine of the twelve property owners written. He further stated Dr. Baltzell was present with the necessary checks for financing.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board adopted the Resolution pertaining to the Canal Drive assessment and directed copies of said Resolution be forwarded to the Tax Collector as well as the Clerk for recording purposes.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board adopted the Notice of Special Assessment & Levy, Preliminary Assessment Roll as follows:

NAME                                    LOT    FOOTAGE     TOTAL

 

Brown, Edna                           32        132.49             $1,180.03

Scott, Robert W.                     37        160.55             $1,429.95

Clement, David M.                 38        90.00               $ 801.59

Overby, Theodore B.              39        90.00               $ 801.59

Dekker, Howard                     40        22.87               $ 203.69

Lininger, Richard E.               45        20.00               $ 178.13

Sar, Virginia P.                       44        70.00               $ 623.46

Heffley, Margaret P.               43        70.00               $ 623.46

Clement, Margaret W.            42        70.00               $ 623.46

Williamson, Clifford              41        70.00               $ 623.46

Baltzell, Winston C.   25 & 26           180.00             $1,603.18

Twiss, Ernest R.                     27        49.35               $ 439.54

                                                            1,025.26          $9,131.54

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman and Clerk to sign the Road Construction Contract with Ocala Pavers, Inc. in the amount of $9,131.54, to cover the paving of the above discussed Canal Drive to County specifications.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board accepted the following checks from Dr. W.C. Baltzell and authorized the Attorney to deliver them to T. Keith Hall, Tax Collector:

            Margaret P. Heffley....$ 623.46

            Virginia P. Sar............$ 623.46

            Robert W. Scott..........$1,429.95

            Richard Lininger.........$ 178.13

            W.C. Baltzell..............$1,603.18

            Howard Dekker...........$ 203.69

            T.E. Overby.................$1,603.18

            Margaret Clement........$ 623.46

                                    Total....$6,888.51

            GRANTS/COMMUNITY DEVELOPMENT BLOCK GRANT

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, authorization was given for the Chairman to sign three copies of HUD's Form 4011 - Certificate of Completion for the Community Development Block Grant #B-77-DN-12-0045.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for the Chairman and Clerk to sign the Mary Lou Haywood Contract Addendum, increasing the contract price to $3,583.00 (originally $3,400.00).

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved Pay Estimate No. 1 from All American Construction Company, Inc. for grading and clearing in the amount of $8,500.00, on Community Development Block Grant - #B-78-DN-12-0120.

            GRANTS/PLANNING DEPARTMENT/MUNICIPALITIES

            At this time there was a brief discussion regarding the County's application for a Sign Grant.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the necessary signatures on the grant application for signs titled: INTERLOCAL AGREEMENT ON PREPARATION OF THE HIGHWAY SAFETY ACT GRANT PROGRAM.

            PLANNING DEPARTMENT/COMPREHENSIVE PLAN

            Mr. Steven Heal, Planning Department, briefed the Board on the elements of the plan which will be presented to the various municipalities. A review of the Plan included recommendations from the Planning Department, the scope of the Plan, intent, as well as goals and objectives to be reached. It was pointed out additional input would be gathered at scheduled public hearings. The Board voiced no objection to the Plan being presented to the municipalities as submitted.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized the Planning Department to request an extension for adoption of the Comprehensive Plan.

            MUNICIPALITIES/COMMUNICATIONS

            Commr. Windram extended an invitation to his fellow Commissioners from the City of Fruitland Park to celebrate Armed Forces Day, May 19, 1979. All Commissioners were invited for orange juice and doughnuts prior to the 10:00 A.M. Military parade.

            RECESS & REASSEMBLY

            At 11:55 A.M. the Board recessed for a noon lunch at the Silver Lake Golf & Country Club. The public and press were invited on a Dutch treat basis. The Board reconvened at 2:00 P.M. for rezoning hearings.

            FUNDS - GENERAL

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried, the Board approved First Family Federal Savings & Loan Association as a County depository.

            Commr. Deems was out for the vote.

            PUBLIC HEARING #21-79-3 M-l to A - Florida Rock Industries, Inc.

            Mr. Dewey Burnsed, attorney for Florida Rock Industries, was present to answer any questions the Board and public might have. Mr. Burnsed stated the rezoning request, and following request for an amended CUP, would enable an expansion of the work area; it would not be an expansion of business volume. Mr. Burnsed further presented a taped recording of noise levels generated from an electrical dredge as well as from a diesel dredge. He informed those present Florida Rock recognizes the concern over the noise generated from their present diesel operation and they plan to switch to electrical dredging. It was Mr. Burnsed's feeling the noise problem would be solved with the dredging switch, and the traffic problem non-existent, in that business operations will not increase and SR 561 will not be handling additional truck traffic. He stated Florida Rock would be willing to landscape for aesthetic purposes and give up the right to mine in one 119- acre area in exchange to the right to mine in a 62.6 acre area, in that it does have better sand. The above proposals were drafted and presented to try to make that section more compatible with the surroundings and alleviate concerns of neighboring people.

            At this time petitions were handed to the Secretary as follows: 95 individually signed statements in favor of Florida Rock's request; petition with 60 names favoring Florida Rock's request; as well as a statement from twelve employees of E-Z Pull Trailers expressing opposition to Florida Rock's request. Mr. Luther Sutherland, Mayor of Astatula, was present to oppose the approval of this rezoning and issuance of an amended CUP for the following reasons: traffic hazard, noise, physical appearance. He further stated he felt, if rezoned, it would be spot zoning. Mr. Sutherland presented a petition with approximately 168 names opposing Florida Rock's request.

            Mr. Hubert Schrodt, Lake Harris Shores, submitted a letter of opposition as well as a petition containing 122 signatures opposing the approval of Florida Rock's requests. Mr. Schrodt cited the following reasons for denial of the request:

            1) Contrary to the County's Comprehensive Plan

            2) Noise, water and dust pollution

            3) Traffic hazards on an existing sub-standard road

            4) Possibility of water drawdown affecting wells

            5) Property devaluation

            6) Approval would add to the emotional unrest of the elderly citizens of the area.

            In closing, Mr. Schrodt stated the residents of Lake Harris Shores would be unwilling to go along with any compromise.

            Mrs. Hudson addressed the Board and voiced her opposition to Florida Rock's request. Mrs. Hudson stated she felt the residents to the north of the area should be informed of Florida Rock's desires. She further stressed the hazardous traffic conditions existing.

            Mr. Perry Duff, East Lake Harris Estates, was present to express concern over the possibility of the industrial area being changed to a sand mine.

            Mr. Dan Robuck, representing an adjacent subdivision owner, Mrs. Bruce Wright, stated his client, after reviewing Florida Rock's new proposal, is no longer in opposition to their rezoning requests.

            Discussion pointed out that Lake Harris Shores started building houses approximately 13 to14 years ago; Florida Rock Industries started mining operations approximately 16 years ago. It was again verified that Florida Rock's intent is not to increase their business operations, but rather expand their mining area.

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried, the Board moved to overturn the Planning Commission's recommendation and rezone the parcel to A.

            There was a brief discussion stressing the desire of getting the mining operation off the west side of the road.

            Upon the question being called for, Commrs. Deems, Middleton, Windram, and Carson voted "Yes"; Commr. Burhans, "No."

            PUBLIC HEARING CUP #417A-3 Amend CUP - Florida Rock Industries, Inc.

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried, the Board overturned the recommendation of the Planning Commission and approved the issuance of the amended CUP incorporating the additions proposed by Florida Rock and discussed as follows:

            The following areas may not be mined but may continue to be used for tailings and plant site:

            (a) Any property lying west of SR 561

            (b) That part of the SE 1/4 of Sec. 17, Township 20, Range 26 E lying between SR 561

                        and the railroad.

            An electric dredge shall be installed by September 1, 1979; and, thereafter, only an electric dredge shall be used.

            Landscaping shall be provided along SR 561 in the SE 1/4 in the plant site area and the area where the tailings are placed in accordance with a plan approved by the County Planning Director.

            Discussion pointed out when the Planning Commission made their recommendation, Florida Rock had not presented the above proposal.

            Upon the question being called for, Commrs. Deems, Middleton, Windram, and Carson voted "Yes"; Commr. Burhans, "No."

            RECESS AND REASSEMBLY

            At 3:15 P.M. the Board recessed for five minutes.

            PUBLIC HEARING CUP #651-l CUP in RR - Robert Andrews

            At this time Commr. Windram asked that it be recorded he had received two letters (Daughtery and Herd) in opposition to the granting of this CUP for a pet cemetery.

            Mr. and Mrs. Ronald Herd were present to oppose the issuance of this CUP. Mr. Herd stressed the fact he and Mrs. Herd have avoided even considering a home if they learned it was located near a cemetery. He further pointed out that Mr. Andrews has already started to operate his pet service prior to requesting the necessary CUP.

            Mr. Robert Andrew, petitioner, was present to answer any questions the Board might have. He stated his original intent was to clear the land and build a home.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board overturned the Planning Commission's recommendation and denied the CUP.

            PUBLIC HEARING #26-79-l R-l-7 - Oscar Desqalier

            Mr. Joseph Horton was present to request the Board uphold the Planning Commission's recommendation for denial.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and denied the rezoning.

            PUBLIC HEARING #35-79-l Amend CUP - Larry Murphy

            Mr. Dan Robuck, attorney representing Mr. Murphy, was present with Trooper R.L. Sullivan and Trooper Walker to discuss the decibel readings registered at Mr. Murphy's car dealership. Discussion centered on decibel readings for various sounds at different places at the site.

            Mr. Robert Tuller, adjacent property owner, addressed the Board and stated back in December, 1977, he and other neighboring residents wrote to Mr. Murphy in an attempt to resolve some problems created by the car dealership; he received no answer. Mr. Tuller further stressed Mr. Murphy's original CUP, Paragraph #6, clearly states "no bullhorn," and asked the Board uphold that decision.

            Mr. Steve Richey, attorney representing Bruce Brown, an adjacent property owner, stated his client expressed concern over the noise generated by loudspeakers at the dealership.

            Mr. Larry Murphy, petitioner and owner of the car dealership under discussion, addressed the Board and stated he felt a bullhorn system of paging was necessary for the operation of his business. He further stated he has tried to alter all annoyances brought to his attention by neighboring residents.

            Mr. Cecil Clark, owner of a neighboring dealership, addressed the Board and expressed concern over the residential reaction to bullhorns. Mr. Clark stated he felt a bullhorn was essential and could be adjusted to eliminate annoyances to neighboring residents.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board postponed action on this case to June 12, 1979, 2:00 P.M. or as soon thereafter as possible, to allow for an "on-site" demonstration. The Board's main concern was the question why Mr. Murphy's speakers, which according to the decibel readings did not appear loud, were being heard by residents closer to other dealerships with bullhorns.

            PUBLIC HEARING #33-79-l RR & A to R-1-7 - Paul Miller

            Mr. Steve Richey was present regarding this hearing and had no objection to the recommendation for postponement by the Planning Commission.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board postponed this hearing to August 14, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING CUP #495-l Revocation of CUP - Staff

            No one present wished to comment on this revocation.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation of the Planning Commission and postponed this hearing to June 12, 1979, 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #29-79-2 R-1-7 to R-1-5 or RM - Willie Mason

            Mr. Mason was present to answer any questions the Board might have regarding his request.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning to R-1-5.

PUBLIC HEARING CUP #655-2 CUP in R-1-7 - New Bethel AME Church

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

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried, the Board upheld the recommendation of the Planning Commission and approved the CUP. Commr. Burhans was out for the vote.

            PUBLIC HEARING CUP #499-2 CUP Revocation - Staff

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

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board moved the revocation be denied.

            PUBLIC HEARING CUP #658-2 CUP in A - A.E. Langley

            Mr. Alex McDonald, Groveland, discussed Mr. Langley's request for the issuance of a CUP to operate a ski school. Mr. McDonald urged the Board deny the request in that it is a commercial enterprise which he did not feel was suited for that site.

            Mr. Dennis Horton, attorney representing residents on Pretty Lake and Pine Island Lake, urged denial of the CUP expressing concern for the ecology of the lake, as well as the rights of the lakefront property owners. Mr. Horton further brought to the attention of the Board confusion regarding a Mr. William Green's notification of Mr. Langley's intent. Mr. Horton believes the wrong "William Green" was notified. Mr. Horton also stated the ski school is presently illegally operating and the issuance of a CUP to them would create a new commercial-type zoning.

            Ms. Jean Wright and Mr. Mathews Rice were also present to urge denial of the CUP.

            Mr. Dick Langley, representing his brother, A.E. Langley, was present to discuss this hearing with the Board, answer any questions, and urge the Board follow the recommendation of the Planning Commission.

            Mr. Dennis Horton again addressed the Board stating the CUP would change the residential-like atmosphere of the area to commercial and endanger existing wildlife. It was his feeling the placement of the ski school apparatus was in violation of Department of Environmental Regulations' rules.

            Mr. and Mrs. George Hibbard were present to request the Board deny the CUP to ensure the quiet atmosphere they need for health purposes.

            Mr. Hank Dufont was also present opposing this CUP.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board overturned the Planning Commission's recommendation and denied the CUP.

            PUBLIC HEARING #28-79-3 R-1-7 to RR - Tyson Matlach, III

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

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried, the Board approved the rezoning request to RR.

            Commr. Carson was out for the vote.

            PUBLIC HEARING CUP# 656-3 CUP in A - Florida Groves, Inc.

            Mr. A.J. Thomas, Jr., an adjacent property owner, requested the hearing be postponed thirty (30) days to allow further investigation.

            Due to a change in address, he had received notification late. Mr. Paul O'Connell, Department of General Services, Tallahassee, addressed the Board and stated a postponement would cause a problem in that approval was needed for purchase by the cabinet.

            Mr. Warren Chase, Consulting Engineer, briefed the Board and those present on the project.

            Mr. Ted Wicks, Acting Director of the County's Pollution Control Department, addressed the question posed regarding odor. He stated while there can never be any guarantees as such, he did feel this was one of the better systems, similar to an existing one in the County on which no complaints have been received.

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried, the Board overturned the Planning Commission's recommendation and denied the CUP.

            Commr. Deems was out for the vote.

            PUBLIC HEARING #30-79-4 RP to A - Jack Nicholson

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

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and rezoned said parcel "A."

            PUBLIC HEARING #X4-79-4 A to RR - Rolf Bergmann

            Mr. Rolf Bergmann was present to oppose any postponement of his rezoning request. In a prepared statement, Mr. Bergmann made reference to an adjacent rezoning case (Bily - Public Hearing #22-79-4), as well as Planning Commission Minutes. Mr. Bergmann was requested to address the question before the Board--that of whether to postpone the Public Hearing or not. Mr. Bergmann stated others had been heard in full and he, therefore, was requesting to be heard in full at this time. As Mr. Bergmann again addressed his remarks away from the question before the Board, he was requested, to help expedite matters, to submit his report to the County Attorney who would review it while the Board heard other public comments. Mr. Bergmann reluctantly submitted his statement to Mr. Ford, County Attorney.

            Mr. Royal Taylor, representing an adjacent property owner, addressed the Board urging postponement to allow time for a traffic flow study.

            Mrs. Gosnell stated if the Board decided upon postponement, she would speak to them at the next hearing.

            Mrs. Rolf Bergmann stated she didn't feel Mr. Taylor's request was in order in that he did not live on the road for which he was asking for the study.

            On a motion by Commr. Carson, seconded by Commr. Deems, the Board moved to postpone this hearing to July 10, 1979, at 2:00 P.M. or as soon thereafter as possible.

            At this time Mr. Ford asked he be allowed to read two sections from Mr. Bergmann's statement pertaining to postponement.

            Upon the completion of those remarks, the question was called for. The above motion for postponement carried unanimously.

            PUBLIC HEARING CUP #653-4 CUP in A - Milton Chapman

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

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried, the Board upheld the recommendation of the Planning Commission and denied the CUP in A for a travel trailer.

            Commr. Carson was out for the vote.

            PUBLIC HEARING CUP #503-5 CUP Revocation - Staff

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

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board overturned the Planning Commission's recommendation and denied the revocation.

            PUBLIC HEARING #31-79-5 C-l to A - Raymond Totten

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

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and rezoned said parcel "A."

            PUBLIC HEARING CUP #493-5 CUP Revocation - Staff

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

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board upheld the recommendation of the Planning Commission and revoked the CUP.

PUBLIC HEARING CUP #657-5 CUP for a PUD - Barry Shapiro/Dewey Burnsed

            Mr. Dewey Burnsed was present to answer any questions the Board might have regarding this hearing.

            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 CUP for a PUD in RM and A with the understanding all roads would be built to County specifications by the Petitioner as discussed with the Planning Department.

PUBLIC HEARING CUP #524-5 CUP Revocation - Staff & William Hart

            Mr. Dan Robuck, attorney representing Mr. Hart, was present and requested this hearing be postponed until after a decision had been reached in Public Hearing #32-79-5 since the two were connected.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board postponed this hearing until the conclusion of Public Hearing #32-79-5.

            PUBLIC HEARING #32-79-5 A to R-1-7 - William Hart

            Mr. Dan Robuck, attorney for Mr. Hart, was present and stated Mr. Hart would have no objection to the property being rezoned to R-1-10 if the Board felt that more desirable.

            Discussion occurred.

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

            PUBLIC HEARING CUP #524-5 CUP Revocation - Staff & William Hart

            Mr. Dan Robuck, representing Mr. Hart, stated he would be opposed to the revocation in view of the fact their rezoning attempt had just failed.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board overturned the Planning Commission's recommendation and denied the revocation.

            PUBLIC HEARING CUP #654-5 CUP in RP - B.F. Brokaw

            No one present wished to discuss this hearing 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 CUP, with amendment, for a mobile home as a caretaker's residence.

            PUBLIC HEARING CUP #659-l CUP in A - John Ausley

            Mr. Steve Richey, attorney, was present representing area residents opposed to the issuance of this CUP for a hog farm. Mr. Richey presented Petitions with approximately 386 signatures opposing a hog farm on Mr. Ausley's property. Mr. Richey further presented a statement from Catherine Lee Giles, President of the High 50 Corporation, stating the intent of the land was "small ranch-type acreage for country living...which would preclude major agricultural enterprises and allow the property owners to enjoy gentlemen farming."

            Mr. Will Davis, Soils Engineer representative with Soil Conservation Services, addressed the Board regarding a problem he feels exists with the way the CUP was written regarding setback requirements. Mr. Davis stated the way the CUP was written there was not sufficient space to allow for the required holding pond in the back of the property.

            Mr. Richey stated presently there exists "country-gentleman" farming, not commercial enterprises. He stated there is a greenhouse, but that cannot be considered an objectionable commercial enterprise. Mr. Richey further stated the people he represented did not feel Mr. Ausley had adequate land for what he was proposing.

            Mr. Henry Mitchem, representing his son, Barry Mitchem, was present to oppose the issuance of the CUP in that he did not feel this was a suitable site for such an enterprise. Mr. Mitchem expressed concern over possible odor.

            Mr. Ronald Burnin, area resident, stated pigs were presently on the site illegally and he expressed concern over rat and mosquito control.

            Mrs. Terry, adjacent property owner, urged denial of the CUP along with Mrs. Warbick, who expressed concern over the possibility of well contamination.

            Mr. John Ausley, Petitioner, addressed the Board urging them to uphold the recommendation of the Planning Commission. Mr. Ausley further stated he was the first to build a home in the area (several of those present objected to this statement) and he has had hogs there for some time.

            Mr. Chris Dodds, owner and operator of a similar hog operation in Altoona, discussed Mr. Ausley's site with the Board. Mr. Dodds stated he felt Mr. Ausley had enough land to operate a hog farm without causing any nuisance to neighboring property owners.

            Mr. Werbeach asked the Board take into consideration the fact Mr. Ausley will have no room for expansion.

            Mrs. Rhonda Sennett urged denial of the CUP in that she and her husband's property sits at the back of Mr. Ausley's. Mrs. Sennett stated they never would have purchased their property had they known pigs were in the area. Mrs. Sennett stated Mr. Ausley kept the pigs hidden under the trees.

            At this time the Board was informed of a phone call received from Mr. Stewart who wanted it made a part of the record he was confident Mr. Ausley would comply with any stipulations set by the Board.

            Mr. Davis readdressed the Board in response to an earlier question regarding well contamination. Mr. Davis stated he did not feel that would occur due to the clay content.

            Mr. Richey brought the public discussion to a close with the statement he felt more acreage was needed for such an operation.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board overturned the Planning Commission's recommendation and denied the CUP.

            INVENTORY - SURPLUS

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the following items to be deleted from the Fixed Assets List:

            Property #                                           Item

            1097                                                    McCullough Chain Saw

            1216                                                    Wood Storage Cabinet

            1362                                                    Enterprise Coffeemaker

            2111                                                    '52 Dodge Truck

            2161                                                    Hydraulic Oil Pump

            2211                                                    Electric Drill

            2892                                                    Wood Table

            3169                                                    Ford Pickup

            3562                                                    L Enterprise Coffeemaker

            3866                                                    62 Chevrolet Truck

            4103                                                    McCullough Chain Saw

            4323                                                    Homelite Chain Saw

            5161                                                    #150 Chain Saw

            5331                                                    '72 Dodge Dump Truck

            5334                                                    '72 Dodge Dump Truck

            5376                                                    '73 Dodge Dump Truck

            5377                                                    '73 Dodge Dump Truck

            5378                                                    '73 Dodge Dump Truck

            5820                                                    Walkie Talkie (stolen)

            6004                                                    Walkie Talkie (stolen)

            6261                                                    Executive Chair

            7073                                                    Holelite Chain Saw

            The above items were either traded-in on newer models or needed to be declared junked.

            SUITS AFFECTING THE COUNTY

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the County Attorney was instructed to proceed in defending the County in Busbee VS McDowell, Wittet, and the Board of County Commissioners.

            There being no further business to be brought to the attention of the Board, adjournment was at 7:25 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk