A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 9, 1982

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

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Minutes of November 2, 1982, as submitted.

APPOINTMENTS/CODE VIOLATIONS

The Chairman recognized Mr. Thomas Barford, applicant for the newly approved Code Enforcement Board. Mr. Barford addressed the Board stating his desire to serve on the Code Enforcement Board. It was noted that Mr. Barford was not present for the interviews at the November 2, 1982, meeting due to the fact that he was working at the polls for Emogene Stegall, Supervisor of Elections.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board placed on the floor for consideration the appointment of Mr. Michael Gordon, Architect, in the category of Architect/Engineer for the Code Enforcement Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board appointed Mr. Michael Gordon, Architect, to the Lake County Code Enforcement Board.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board placed on the floor for consideration the appointment of Mr. Jerry McDowell in the category of Businessman for the Code Enforcement Board.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board appointed Mr. Jerry McDowell to the Lake County Code Enforcement Board.

On a motion by Commr. Smoak, seconded by Commr. Windram the Board placed on the floor for consideration and by unanimous vote, appointed Nancy Horton to the Lake County Code Enforcement Board in the category of Environmentalist.

On a motion by Commr. Burhans, seconded by Commr. Smoak, the Board placed on the floor for consideration and by unanimous vote, appointed Clell Coleman, III, to the Lake County Code Enforcement Board in the category of Contractor/Subcontractor.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board placed on the floor for consideration the appointment of Christine Lafflin in the category of Realtor for the Code Enforcement Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board appointed Christine Lafflin to the Lake County Code Enforcement Board in the category of Realtor.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board placed on the floor for consideration the appointment of Thomas Barford in the category of Mobile Home Resident for the Code Enforcement Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board appointed Thomas Barford to the Lake County Code Enforcement Board in the category of Mobile Home Resident.

On a motion by Commr. Smoak, seconded by Commr. Deems, the Board placed on the floor for consideration and by unanimous vote, appointed Mr. Robert Glass to the Lake County Code Enforcement Board in the category of Agriculturist.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board declared the Code Enforcement Board officially enacted and requested staff to bring before the newly formed Board the cases that would have normally been heard by the County Commission at their first meeting in December.

Included in the motion was that the length of the terms of offices would be determined at the first meeting of the Code Enforcement Board by drawing lots.

PUBLIC WORKS AGENDA

PUBLIC WORKS/COMMUNICATIONS

On a motion by Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from Mae Isgett of Lake Yale to purchase 100 yards of culvert pipe to a public easement through Lake County at an approximate cost of $2,000.00 with County agreeing to install the pipe at no cost.

ROADS-COUNTY & STATE/SIGNS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request of Monroe Spears to erect "NO Parking" signs on Curtis Avenue, #2-1422, and that a 25 MPH Speed Limit Sign be erected on said Curtis Avenue.

Mr. Willett informed the Board that Mr. Spears had requested that "Slow - Children At Play" signs be erected: however, the State of Florida had declared those signs illegal.

PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Harry Lundin for a one-time maintenance on Williams Street at a cost of $75.00.

COMMUNICATIONS/PUBLIC WORKS/RESOLUTIONS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request from Howard E. Grant, Imperial Terrace Homeowners Association President, for a Resolution for a traffic signal study at Hilltop Road and U.S. 441 be forwarded to the Department of Transportation.

It was noted that should a signal be approved by the Department of Transportation, that maintenance of the signal would be the responsibility of Lake County.

FUNDS-GENERAL/ROAD PROJECTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized signature of the Department of Transportation voucher for transfer of funds in the amount of $31,548.66 for SR 450, Project #9-82.

BONDS - MOBILE HOME

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved cancellation of the following Mobile Home Bonds upon completion of construction of a conventional dwelling unit and the removal of the mobile home:

1. Clarence Southall

2. Clair K. Klinger

3. Christine Gokey

MUNICIPALITIES/POLLUTION CONTROL/ZONING

Discussion occurred regarding a request from the City of Mt Dora regarding issuance of an emergency Conditional Use Permit to allow the City of utilize a parcel of land referred to as the Conover property as a temporary wastewater site to alleviate emergency situations arising at the site on Highway 19A and subsequent emergency resolution adopted by the Lake County Pollution Control Board. It was noted that the City had applied for the Conditional Use Permit through the Planning and Zoning Department and consideration would be given to this case at the November meeting of the Planning and Zoning Commission.

Commr. Windram stated that a conflict form would be completed and filed in conjunction with his position on the Board of Directors at First Family Federal.

Mr. Ford, County Attorney, stated that if the majority of the Board feels that this is an absolute emergency, that is dangerous to the health, safety and welfare of the community, then the Board could declare an emergency today and could grant a temporary permit; however, formal hearings and advertisement of same would have to be done after the fact. Mr. Ford stated it was his opinion that should a lawsuit be filed against the City of Mt. Dora and Lake County regarding issuance of this temporary permit, unless such an emergency could be proven, the suit would probably be lost. Mr. Ford stated a safer course of action would be to call a special meeting of the Board after consideration by the Planning and Zoning Commission.

Mr. Ted Wicks, Pollution Control Director, addressed the Board regarding the situation that exists at the present time and whether or not a true state of emergency exists at the site on Highway 19A. Mr. Wicks stated that although the emergency is not as severe as when the emergency resolution was passed by the Pollution Control Board, it was his feeling that the potential for an emergency situation still exists. Mr. Wicks stated it was the intent of the Pollution Control Board to have the City of Mt. Dora move as quickly as possible to deal with the inadequacy of the present site and they feel the City should seek emergency relief in some form and begin to relieve the situation within ten days after the emergency site is approved. Mr. Wicks stated concurrent with this, the City apply for a Conditional Use Permit to go through the normal Planning Department process.

Discussion occurred regarding the intent of the County Commission during previous meetings in assisting the City in implementation of emergency action on a temporary basis. Mr. Willett stated that one of the problems is in the use of the terminology "CUP" and the possibility of granting an emergency action to pump the water onto the Conover property to avoid flooding of the site and adjacent property and roads on 19A for a ninety day period. Reservations were expressed regarding the residents of the area not being informed of this item being before the County Commission.

Roy Christopher, Attorney for the City of Mt. Dora, addressed the Board and stated that the City had signed a consent order with the Pollution Control Board and are anxious to cooperate with County Officials. Mr. Tom Kelly, Professional Engineer, addressed the Board and stated the request was for the Board to consider the emergency usage of the Conover property and another tract of land referred to as the Whitaker property due to time clauses in the leases on these properties. Mr. Kelly explained to the Board the plans of the City of Mt. Dora in the temporary utilization of these sites.

Mr. Willett stated the staff recommendation being only the consideration of the Conover property, excluding consideration of the Whitaker property.

Commr. Smoak moved that in support of the Pollution Control Board that the recommendation of staff that an emergency situation be declared and that approval be granted for a temporary use of the Conover site not to exceed ninety days and that the proper procedure be followed in that a CUP for an extension of the ninety days through Public Hearings and proper procedure for consideration of a Conditional Use Permit.

Commr. Burhans seconded the motion provided those interested have the opportunity to address the Board regarding this motion.

Mr. Glen Richey, Sylvan Shores, addressed the Board voicing opposition to the Board allowing the City of Mt. Dora to utilize this land due to the possibility of taking one emergency situation and only moving it down the road. Mr. Richey requested that the Board consider the residents near the proposed site (Sylvan Shores and Village Grove). Mr. Richey also requested that the Board consider that this site was virtually in the back yard of the Triangle Elementary School and the possibility of hazardous germs coming across the school yard.

Mr. Jelsma, President of Sylvan Shores Property Owners Association, addressed the Board in opposition of the Board taking action on this request without the notification of the property owners in the area. Mr. Jelsma stated that residents in this area are unaware of what is going on.

Mr. Bob Palmer, Village Grove Homeowners Association representative, addressed the Board, stating that he has a master's degree in medical science and expressed the concern that more information regarding health hazards and danger to the communnity is needed before action is taken.

The Chairman reviewed the motion on the floor, duly seconded, that a ninety day emergency use of the land be approved, subject to the Public Hearings as required under County and State Regulations through the Conditional Use Process.

The motion failed on a four to one vote with Commrs. Windram, Deems, Carson and Burhans voting "NO".

Commr. Windram wished the record to reflect that his "NO" vote was cast not against the proposal by the City of Mt. Dora but due to the fact that Public Hearings had not been held.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized a special meeting be held on November 30, 1982, at 10:00 a.m., to respond to a forth- coming recommendation of the Planning and Zoning Commission as a result of their hearing this case on November 24, 1982. The staff was directed to get the necessary advertisements in publication announcing the time and date of the public hearing.

MUNICIPALITIES/RESOLUTIONS

Mr. Bertram Loeb, Redlands Christian Migrant Association, addressed the Board regarding a request for support previously brought before the Board regarding the Board's support in the form of a Resolution regarding implementation of a child care center in the Groveland/Mascotte area. Mr. Jerry Sexton stated that the City of Mascotte would be forwarding a Resolution and the City of Groveland would be forwarding a letter to the Commission.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the Resolution supporting the efforts of the Redlands Christian Migrant Association.

HOSPITALS/INDIGENTS

Mr. Carl Bender, Waterman Memorial Hospital Administrator, addressed the Board regarding a new policy adopted by the Board of Waterman Memorial Hospital. Mr. Bender presented to the Board a brief history of the hospital and informed the Board of the numerous services offered by the hospital.

Mr. Bender stated that past policy of the hospital had been to treat persons regardless of medical condition or place of residence. Mr. Bender stated that Waterman has been providing charity care well in excess of the Hill Burton required minimum.

Mr. Bender informed the Board that recently the financial viability of the hospital has been threatened by a number of factors, some of which are under the control of the hospital. Mr. Bender stated that due to the increased number of Medicare and Medicaid patients,.as well as increased number of charity or indigent patients, rates have had to be increased substantially in the past years to offset the lack of reimbursement from the Medicare and Medicaid and Indigent sources. Mr. Bender stated that the hospitals' total deductions from gross revenue in the last three fiscal years ending September 30, were as follows:

1 . 1980 - 2.4 million dollars written off or 21.1% of the total of gross revenues.



2. 1981 - 3.3 million dollars written off or 22.9% of the total of gross revenues.



3. 1982 - 4.2 million dollars written off or 23.6% of the total of gross revenues.



Mr. Bender stated that in order to allow Waterman Memorial Hospital to continue offering the level of services it has offered in the past without substantially increasing costs to paying patients, the Board of Waterman Memorial Hospital has adopted a policy effective November 15, 1982, stating in part that "NO one will be refused medical treatment at Waterman Memorial Hospital when suffering a true medical emergency. The determination of an emergency condition will be made by the treating physician and the Hospital will rely on this physician's experience, training, and judgment in making that determination. Therefore, patients who do not have the ability to pay for services rendered and who reside outside of the Northeast Lake district will not be accepted unless the condition is an emergency".

Mr. Bender submitted to the Board for their review a study conducted by May Zima and Company to assist Waterman in evaluating the financial implications of operating the Obstetrics, Labor and Delivery Room and Nursery Departments. Mr. Bender stated that 68% of the services delivered in the above departments were for indigent patients. Mr. Bender stated this figure had increased due to decreased indigent services in Lake, Sumter and Orange Counties. Mr. Bender stated a number of this percentage had been receiving pre-natal services from the Lake County Health Department

Mr. Ted Woodrell, Leesburg Regional Medical Center, addressed the Board to answer whether or not any other hospitals were considering the obstetric care. Mr. Woodrell stated that the hospital did not have a Certificate of Need and did not intend at this time to apply for one in the area of obstetrics.

Discussion occurred regarding the costs of delivery and Mr. Bender answered questions of members of the Board regarding the new policy. Mr. Bender stated that further complicating the entire reimbursement of the OB problem is the County's maximum income standards for clinic care in that Waterman is only able to collect less than 10% of the total number of deliveries from the County because of these requirement guidelines and Mr. Bender stated the County might wish to study this in the future.

Mr. Bender stated that no action was necessary from the Board of County Commissioners; however, the Board at Waterman Memorial wished to present this to the Board prior to implementation. Mr. Bender and members of Waterman Memorial Board of Directors and Staff were thanked for the fine presentation and courtesy to the Board.

MUNICIPALITIES/PUBLIC WORKS/RIGHTS OF WAY-ROADS & EASEMENTS

Mr. Bob Haven, Director of Public Works for the City of Orlando, addressed the Board regarding a joint venture titled "Water Conserve II" between the City of Orlando and Orange County regarding a wastewater reuse program providing reclaimed water for agricultural irrigation.

Mr. Haven gave the background of the program to the Board stating that both the City of Orlando and Orange County have wastewater treatment plants that discharge into Shingle Creek/Lake Tohoe. Mr. Haven stated that the plants have been given a zero discharge order from the State Department of Environmental Regulation to be complied with by 1988 with some partial removal prior to that time. Mr. Haven stated that the City and County are going together in a federally funded 201 program to find a solution to this problem. Mr. Haven stated that the City has concentrated on a citrus irrigation program and the County has concentrated on a program of rapid infiltration basins wherein basins would create and transport the water to the basins for actual percolution to the soil. The joint venture includes both concepts and applications have been made for approval of this concept to the State and Federal Governments as well as for federal funding and application to the State priority list for the upcoming year.

Mr. Haven stated that the original plans were to provide this water to Orange County growers; however, expressions of interest have been received from growers in Lake County as well as Orange County for use of this water.

Mr. Prime, Boyle Engineering, addressed the Board and presented the Orange County/City of Orlando system concept for the treatment plants. Mr. Prime stated he would explain the effluent quality, transmission pipeline, distribution center, distribution system, water rights agreement and benefits.

Mr. Prime presented a map delineating the area under consideration for the distribution system in the vicinity of County Road 545 in the area of the Old Avalon Fire Tower, near the Lake County boundaries and explained this area was considered due to the type of soil in this area being compatible for rapid infiltration basins.

Mr. Prime stated that both the Orlando City Plant and Orange County Plant would be upgraded to tertiary treatment including filtration and high level disinfection for virus removal with the result being an effluent quality suitable for public contact and agricultural use. Mr. Prime stated that the suspended solids content would be brought down below five, probably in the three parts per billion range.

Brochures showing similar systems in use in St. Petersburg, Florida, and California were supplied to the Board for their review.

Mr. Prime explained to the Board that construction of the transmission line and distribution center would be for fifty million gallons per day capacity. Mr. Prime showed to the members of the Board the proposed transmission line routing from the treatment plants. Mr. Prime stated that the distribution system would terminate at the property line of the groves and would be sized to provide an average weekly allotment to the grower within sixteen hours at 40 PSI. The water brought to the grower would have sufficient energy that, without repumping, the grower would be able to irrigate with under tree systems. Overtree irrigation could be used for processed fruit only and would require a booster pump be installed.

Mr. Prime stated that the water would be supplied through an agreement with the growers that the water will be supplied at no charge and the growers will take the water in weekly allotments and at certain times growers can have up to twice their weekly allotment and certain times they do not have to take any water, thus the need for the infiltration basins. Mr. Prime stated the agreements would be for a twenty year period and the grower will agree to accept a specified volume of water on a periodic basis, set up on a regular schedule, but with some flexibility. The water can be used for any approved uses, which were explained by Mr. Prime.

Mr. Prime explained the benfits of this system in reducing the withdrawal from the Florida aquifer, eliminating surface water pollution and allowing to reuse nutrients in a beneficial manner as well as reversing the decline in the surface water level.

Discussion occurred regarding that should Lake County favorably consider this concept for use in Lake County, each grower wishing to utilize this water would have to apply for a Conditional Use Permit. Mr. Haven stated the only other item to be considered was the use of County right-of-way to lay the pipe to service the groves by way of the distribution system.

The Board authorized the County Attorney's Office and Public Works Staff to work with the officials from the City of Orlando and Orange County regarding what would be required by Lake County in order for right-of-way to be utlized in the laying of pipe. No action was taken concerning the presentation pending future public hearings and review by the Board. The Board requested that the Orlando City Attorney submit to the County Attorney what would be required regarding the use of Lake County right-of-way.

Discussion occurred regarding a presentation on this system to the Lake County Pollution Control Board for their consideration and input.

RECESS AND REASSEMBLY

At 12:15 p.m. the Board recessed for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for the Rezoning Agenda.

REZONING

PUBLIC HEARING #54-82-l - Amend CP - John Mangan

Mr. Steve Richey, attorney representing the petitioner, addressed the Board to discuss the rezoning request. Mr. Sexton stated that staff recommendation was to postpone this case in order that the petitioner could submit plans regarding ingress and egress. Mr. Richey requested that the Board favorably consider this request regarding the amendment with the stipulation that ingress and egress plans be submitted to staff for approval. Mr. Sexton stated that additional meetings with the Lake County School Credit Union and the Department of Transportation were required.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board postponed this case for sixty days, to January 11, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #80-82-l - R-l-7 to LM - Steven Donahue and

Herbert Welder

Mr. Steve Richey addressed the Board regarding this hearing. Mr. Richey requested that this case be withdrawn as another petition had been submitted regarding this request.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the withdrawal requested by Mr. Richey.

PUBLIC HEARING CUP #144-5 - Donald and Sylvia Caskey

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

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved revocation of the CUP #144-5.

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

Herbert Welder

Mr. Steve Richey, attorney representing the petitioners, addressed the Board to request postponement of this case.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until December 14, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING CUP #834-l - CUP in A - Charles Dry

It was noted that a request had been received from the petitioner to postpone this hearing until February 8, 1983.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board postponed this case until February 8, 1983, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #90-82-2 - A to LM - Jerry W. Smith

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

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved rezoning from A (Agricultural) to LM (Light Manufacturing) or MP (Planned Industrial).

PUBLIC HEARING #119-82-5 - A to RR - Oliver Graham

Commr. Burhans stated that the Engineering Department had been asked to submit information regarding this case and requested a postponement until 2:30 p.m.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board postponed this case until 2:30 p.m.

PUBLIC HEAEING CUP #836-4 - Fred and Janet Brady

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

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied CUP #836-4.

It was noted by staff that after reviewing the plans of the petitioner, a Conditional Use Permit would not be required.

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

Mr. John A. Boll was present to discuss this case with the Board and stated to the Board that he would be willing to erect a landscaping buffer between the mobile home park and the road in regard to the letter of objection from the Mt. Plymouth Land Owners League.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board postponed this case until December 14, 1982, at 2:00 p.m. or as soon thereafter as possible in order for Mr. Boll to present his plans to those in opposition.

PUBLIC HEARING #119-82-5 - A to RR - Oliver Graham

Mr. Graham was present to discuss this case with the Board. Mr. Graham stated right-of-way deeds would not be given by the property owners on this road. Mr. Graham expressed concern that oak trees on his property would be removed should he deed right- of-way to the County. Considerable discussion occurred regarding the needs of the County regarding easements or right-of-way required to upgrade this road.

Discussion occurred regarding paving an 18' wide section rather than 20' and accepting non-exclusive easements rather than deeds for the right-of-way.

Mrs. Ralph Kelly addressed the Board stating concern that her sewage pipe would be in the portion deeded to the County. A non-exclusive easement was explained to Mrs. Kelly and she was informed that the land would still belong to her but the easement would allow the County to maintain the roadway.

Mr. Vanderfort, Shockley Hills, addressed the Board regarding grandfathering roads in Lake County.

It was noted that the Planning and Zoning Commission had recommended denial of this request and that the staff recommendation of denial was based on the fact that road servicing of the property is prescriptive: therefore, additional density should not be approved until such time as the road is brought up to standards.

Mrs. Priscilla Gordon, resident in the area, addressed the Board regarding the need to pave this road.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board postponed this case until January 11, 1983, to allow time for staff to secure easements on this roadway, with the intent of a favorable ruling by the Board at that time if easements are secured in order to allow the County to upgrade the roadway.

Commr. Deems was not present for the vote.

PUBLIC HEARING CUP #836-4 - Fred and Jane Brady

Mr. Fred Brady addressed the Board regarding his plans and the earlier action of the Board regarding denial of the Conditional Use Permit. Mr. Brady was informed by the staff that the plans he now has are satisfactory and a Conditional Use Permit is not necessary.

PUBLIC HEARING CUP #838-4 - Louis R. Haubner, Jr.

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board approved the applicant requested withdrawal of this petition.

Commr. Deems was not present for the vote.

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

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried, the Board postponed this case until December 14, 1982, at 2:00 p.m. or as soon thereafter as possible.

Commr. Deems was not present for the vote.

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

No one present wished to discuss this case with the Board. On a motion by Commr. Smoak, seconded by Commr. Windram and

carried, the Board postponed this case on the request of the attorney until December 14, 1982, at 2:00 p.m. or as soon thereafter as possible.

Commr. Deems was not present for the vote.

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

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

On a motion by Commr. Burhans, seconded by Commr. Smoak an carried, the Board postponed this case until December 14, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING #117-82-l - RR to RM - Mary Clay Ramsey

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

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied rezoning from RR (Rural Residential) to RM (Mobile Home Residential).

PUBLIC HEARING CUP #835-2 - Welsey and Cathy Allen

Mrs. Allen was present to answer any questions the Board might have regarding this case.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved CUP #835-2 in Agriculture for a rabbit processing plant.

Discussion occurred regarding whether processing of any animals raised on site would be an appropriate agricultural use and staff stated if a Conditional Use Permit was granted as long as the animals were raised on the site, it would be their recommendation that this would be an appropriate use.

PUBLIC HEARING #122-82-3 - A to RM - Bob Wade

Mr. Alexander Hunt addressed the Board in objection to the Planning and Zoning Commission's recommendation of denial of the rezoning. Mr. Hunt presented to the Board the plans for the mobile home community planned for this area. Commr. Smoak informed the Board he had spoken with the petitioner regarding the possibility of petitioning the City of Clermont for annexation of this property since it is adjacent, so the amenities such as sewer, water and police can be worked out.

Mr. Hunt pointed out to the Board the various aspects of this development which he felt would be improvements to the area, and in the County's best interests.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the rezoning from A (Agricultural) to RM (Mobile Home Residential).

Mr. Jerry Chicome, Jr., addressed the Board as an adjoining property owner questioning rezoning of other areas in this vicinity as the groves in the area have been frozen out. The Board stated that each case would be handled on an individual basis and the staff would work with the property owners regarding the uses of the land; however, each rezoning case would be handled individually on its own merits.

Commr. Smoak suggested that since the property in question abuts the City of Clermont, the proper procedure would be to request annexation into the City limits and should the annexation be denied, come to the County at that time stating that the City of Clermont has officially taken the action not to accept the annexation and then the County Commission and the Planning Department would be in a posture to reasonably assist in the utilization of the property to its best and full value.

RECESS AND REASSEMBLY

At 4:lO the Chairman announced the Board would recess for five minutes.

BONDS/EDUCATION

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board authorized signature of the Public Official Bond for Kyleen Fischer, newly elected School Board Member.

ESCROW/LANDFILLS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the release of landfill escrow for Hibiscus Mobile Home Park to be applied to the outstanding balance contingent upon the approval of the Public Works Department.

BONDS - CONTRACTOR BONDS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following new contractor bonds and cancellations:

NEW

# 116-83 Robert L. Barth (Underground Utility)

# 666-83 Grover C. Reed, Jr. (Masonry)

#1748-83 Jay L. Wright (Plumbing)

CANCELLATIONS

#1271-82 0. B. Ellis, Sr. (Plumbing)

#2080-81 Gary Massoiy (Electrical)

#3025-82 Theodore B. Hutchison (Residential)

#3058-82 Barnhart Brothers Electrical Contractors

LICENSES AND PERMITS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the following concealed weapon permit applications and bonds:.

Emil A. Moherek - New

Michael Ianiro, Jr. - Renewal

Dayton C. Kurtz - Renewal

William C. McClelland - Renewal

REPORTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending October 29, 1982, in the amount of $7,350.52.

BONDS/CONTRACTS, LEASES AND AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board accepted the Franchise Bond for Scripps Howard Cable Services Company d/b/a Leesburg Cablevision, Inc.

APPOINTMENTS/PUBLIC HEALTH

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the resignation of Commr. Burhans to the Local Health Planning Council in the capacity of Health Care Provider and appointed Commr. Burhans to the Council in the capacity of Health Care Consumer Over the Age of Sixty. Included in the motion was that Mr. Albert Elleck be appointed to the Local Health Planning Council in the capacity of Health Care Provider. It was noted this action was necessary due to the fact that Mr. Elleck is on the Board of Directors at Leesburg Regional Medical Center and was ineligible for the category of Health Care Consumer.

ACCOUNTS ALLOWED/CETA

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved travel for staff at the CETA Department to attend a seminar on the new job training partnership act December 8, 1982, and travel to Atlanta, GA, on December 5-6-7, 1982, both to be paid with CETA Administrative Funds.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved a travel request for Philip Yoder, Director of Mosquito Control, to attend a workshop

regarding proposed HRS budget cuts on November 16 and 17, 1982, at a cost of $75.00.

CONTRACTS, LEASES AND AGREEMENTS

The Board referred to the County Attorney's Office a letter from Group Cable TV Services, South Lake County, requesting renewal of their fifteen year agreement with Lake County.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Sheriff's Department request for reimbursement under Lake County Ordinance 1982-1 as follows:

1. Three day hostage negotiations seminar at Daytona Beach Community College November 2-4, 1982, in the amount of $60.00.



2. Lake County Vo-Tech Center in the amount of $25.00.

3. Executive and media relations seminar on September 27- 29, 1982, in the amount of $150.00.



WATER RESOURCES

Commr. Carson informed the Board that a copy of the resignation letter from Bobby Joy Morgan from the Oklawaha Basin Recreation and Water Conservation and Control Authority had been received. It was noted that this copy was supplied as a courtesy to the Board as members of this Board are appointed by the Governor.

MEETINGS

Commr. Carson informed the Board of a workshop to be held at the Greenleaf Resort near Haines City on November 19, 1982, at 10:00 a.m., with the hosting County being Polk County regarding their recent presentation on a tri-county water resource board.

HEALTH DEPARTMENT/RESOLUTIONS

The Board referred to Commr. Burhans for his consideration and action a proposed Resolution regarding the fee schedule at the Lake County Health Department.

CONTRACTS, LEASES & AGREEMENTS/AMBULANCES-HOSPITAL DISTRICTS

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the contract with Tyco Constructors, Inc., and directed the contract be sent to Tyco with a transmittal letter, certified mail, requesting signatures from Tyco representatives, and request the contract be returned upon the completion of signatures along with a 100% performance bond in order for the Board to consider signature authorization of the Commission.

JAILS/SUITS AFFECTING THE COUNTY

Chris Ford, County Attorney, gave the Board an update on the progress of the suit filed by the State of Florida against Lake County Commission and Sheriff Noel E. Griffin, Jr., regarding Lake County Jail.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the County Attorney's office to pursue litigation regarding the suit.

Mr. Ford stated that the Building Committee had been meeting bi-weekly regarding recreational facilities at the jail.

RESOLUTIONS/ELECTIONS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Resolution prepared by the County Attorney's Office regarding the recently passed 9th cent gas tax, clarifying the election Resolution regarding special fuels and setting the effective date as January 1, 1983. Included in the motion was the signature authorization for the Chairman and the Clerk.

COUNTY EMPLOYEES/COUNTY POLICY/INSURANCE

Commr. Carson informed the Board that the Insurance Committee had been presented with a proposal from a representative of the National Association of Counties for a deferred compensation program. Commr. Carson stated the Insurance Committee had reviewed the program and recommended that Lake County make the program available to County employees. Commr. Carson stated that a representative from NACO would be available to talk to the employees and enter them into the program.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to make available to the employees of Lake County the deferred compensation program offered by the National Assocation of Counties and authorized the County Attorney's Office to draw the necessary Ordinance for Board consideration.

There being no further business to be brought before the Board, the meeting adjourned at 4:40 p.m.

JAMES R CARSON, JR,. CHAIRMAN

JAMES C. WATKINS, CLERK

CBR/11/12/82