A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 13, 1979

            The Lake County Board of County Commissioners convened in Regular session on Tuesday, February 13, 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 (leaving after Rezoning Hearings). Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney (arriving 9:30 A.M.); and Jennifer Kennedy, Deputy Clerk.

            The Invocation was given by James C. Watkins and the Pledge of Allegiance was led by Commr. Deems.

            MINUTES

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the February 6, 1979, Minutes as amended and corrected.

GAME & FRESH WATER FISH COMMISSION/OUTDOOR RECREATIONAL

            FACILITIES

            Mr. Ed Zagar, Game and Fresh Water Fish Commission Lab Administrator, appeared before the Board asking for signature authorization on an Agreement to allow an additional ten (10) seining hauls in connection with our current program. Mr. Zagar explained the program could be continuous if the Board approved the additional hauls at this time. It is Mr. Zagar's intent to meet with the Lake Improvement Association during these 10 hauls to get their feelings regarding the continuation of the haul seining program.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board authorized the Chairman's signature on the Agreement between Lake County, the Game & Fresh Water Fish Commission, and L.W. Spence, Exhibit A of these Minutes.

            Mr. C.E. Heppberger, President of the Lake Improvement Association, was present and stated it was the desire of the people in the Lake Griffin area to see the seine hauls discontinued in that lake immediately. He was aware that there was to be no program in Lake Yale for three years because of research, but felt the seine hauls could be conducted in another lake.

            Discussion continued regarding the actual operation of the hauls. It was further noted that Fish & Game approval is needed for the continuation of the haul seining program.

            COUNTY EMPLOYEES/GRIEVANCES

            Commr. Windram informed the Board he had notified Mr. Urassa, Program Administrator of Manpower Planning in Tallahassee, that Mr. Van Porter, Personnel, and Mr. Christopher Ford, County Attorney, would be available as needed regarding the Grafton Lane grievance procedures.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board ratified Commr. Windram's appointment for County representation by Van Porter, along with the County Attorney's representation.

            ROADS/COUNTY, STATE - ROADS - SUBDIVISION - RESOLUTIONS

            Commr. Deems informed the Board we had received a letter from the Department of Transportation (DOT) acknowledging receipt of our request for a safety study on Hwy. 27 near Hawthorne Development, South of Leesburg. DOT stated they are willing to do such a study upon the receipt of a Resolution from the County committing funds for the study, as well as maintenance of the flashing light once installed. It was the feeling of the Board with DOT's loss of the 5th & 6th cent funds they are unwilling to pay for such safety studies.

            Commr. Deems moved the appropriate Resolution be sent requesting the study.

            Commr. Carson stated he would be willing to second the motion but he wished to point out he felt it unfair the County should be held responsible for providing implementation.

            The motion carried unanimously in that Lake County is willing to pay for perpetual maintenance and implementation costs.

            BIDS - ROADS - COUNTY, STATE - CONTRACTS & AGREEMENTS

            Mr. Robert Andrew, Director of Public Works, presented the bids regarding Project # 245, Southeast Umatilla and Dona Vista as follows:

                        Superior Asphalt....................$237,071.37

                        All American Construction....$210,887.92

                        Square G Construction...........$233,754.55


            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized acceptance of the low bid from All American in the amount of $210,887.92.

            COURTHOUSE/ACCOUNTS ALLOWED

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized partial payment in the amount of $58,613.73, covering Sheriff and Public Defender renovations, to P.C. Thompson Brothers, as recommended by the Building Committee.

            COURTHOUSE

            Mr. Watkins, speaking on behalf of the Building Committee, recommended Gordon Oldham's request for a permanent partition and doorway in the Public Defender's office be approved on a cost-plus basis, to be contracted with P.C. Thompson while they are presently working in the Courthouse.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved for the Clerk to proceed in securing cost estimates for the above work and return to the Board.

            Mr. Watkins further stated the Sheriff and Public Defender were requesting shelving in their offices.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board authorized the installation of the requested shelving while P.C. Thompson Brothers is still working in the Courthouse.

            CETA/TRAVEL

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized travel for Van Porter, Personnel Director, and Christopher Ford, County Attorney, to Tallahassee to straighten out the structuring of the CETA Program. The trip is tentatively set for Monday, February 19, 1979.

            BIDS/AUTOS & TRUCKS/ACCOUNTS ALLOWED

            Mr. Gary Knuckles, Purchasing Director, presented the bids received regarding a 5/8 ton pick-up, Bid #008-79, as follows:

                        Cecil Clark Chevrolet..............$5,391.22

                        Rally Chrysler Plymouth.........$5,759.00

                        Phillips Buick Pontiac-GMC..$5,721.00

                        Boomer Chrysler Dodge, Inc..$5,761.11

                        D.C. Waters Ford, Inc.............$5,240.38


            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted the D.C. Waters Ford bid of $5,240.38, as being the lowest and best bid received.

            BIDS/PERMISSION

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried, authorization was given Mr. Knuckles to advertise for bids regarding the following: weed spray, filled rip-rap bags, liquid asphalt, concrete asphalt, and culvert pipe.

            Commr. Deems was out for the vote.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, permission was given to advertise for bids regarding the planned floating boat docks in Leesburg. Discussion pointed out Boating Improvement Funds would be used for this project.

            ORDINANCE

            At 10:00 A.M. the Chairman announced the advertised time had arrived to consider the adoption of an ordinance allowing home occupation in the Agricultural Zoning Districts of the County.

            It was noted that the proper proof of publication had appeared in the January 17 and 31, 1979, editions of the Leesburg/Commercial.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Ordinance was placed on the floor for its first and final reading by title only as follows:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6, AS AMENDED TO DATE, PROVIDING FOR A HOME OCCUPATION IN THE AGRICULTURAL ZONING DISTRICT, AS A USE PERMITTED AFTER A CONDITIONAL USE PERMIT HEARING; DEFINING A HOME OCCUPATION; PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR AN EFFECTIVE DATE.


            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board adopted the above Ordinance 1979-2.

            EMERGENCY SERVICES/APPOINTMENTS

            There was a brief discussion regarding the formulation and appointment of a County Energy Emergency Panel. Commr. Windram asked each Commissioner to be thinking about possible appointments to this panel.

            BONDS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved new Contractor Bonds and cancellations as follows:

NEW

357-79            Jerry J. Smith (Specialty)

1027-79          Windel Henderson dba Union Septic Tank (Mechanical)

1739-79          Jerry F. Miller (Specialty)

1745-79          Ralph Nils Swanson (Painting & Decorating)

1746-79          Bartlett Brothers Roofing Co., Inc. (Aluminum)

1749-79          Kenneth Wolfe (Mobile Home)

1750-79          Homer D. Hopson (General)


CANCELLATIONS

98-69              Roger I. Pinkston (Plumbing)

1121-73          John L. Taylor (General)

1726-79          Kenneth Rike dba Ocala Plumbing Co., Inc.


            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the January 31, 1979, Traffic-Criminal Department Distribution of Revenue report.

            NURSING HOME/COUNTY PROPERTY

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized for the Prison Crew to transport a piano, presently located at the Fairgrounds' Expo Building, to the Lake Memorial Nursing Home.

            SUITS AFFECTING THE COUNTY

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved for the following Ford, Cauthen & Robuck bills to be forwarded to the Department of Transportation for payment:

Case No. 75-515 for $4,772.50; DOT & Lake County VS William D. Harb, et al.

Case No. 71-7424 for $2,663.75; DOT & Lake County VS Unex Leasing, Inc., et al.

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Youth Programs Monthly Status Report covering the period from October 1, to December 31, 1978.

            ROADS - COUNTY, STATE

            Mr. Jerry Lockett, an attorney representing General Growth Developers, discussed with the Board the possibility of county participation, possibly on a 20-year assessment basis, regarding off-site improvements to the proposed shopping center north of Tavares.

            The position of the Board was explained to Mr. Lockett in that the Board is in the same position as the developer, finance wise. Further, it is the feeling of the Board that they do not wish to involve County funds in any project which would benefit one individual person or one developer, rather than the Lake County taxpayers as a whole.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board denied Mr. Lockett's request for aid with off-site improvements to General Growth's proposed center.

            PROPERTY APPRAISER

            On a motion by Commr. Deems, seconded by Commr. Carson and carried, the appropriate signature, and signature stamp, was authorized regarding the Certificates of Error and Correction on the 1978 tax roll numbered 5-20101 through 5-20125 and 5-33201 through 5-33300.

            Commr. Burhans was out for the vote.

            GREEN SWAMP/RESOLUTIONS

            Mr. Ford presented a Resolution to the Board regarding their feelings on the State's designation of the Green Swamp Critical Area. Under discussion, it was requested the Resolution be amended to reflect the Board's feeling that the State should bear the legal expenses regarding enforcement.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board adopted the above Resolution, Exhibit of these Minutes, as amended.

            MENTAL HEALTH

            Dr. James Fisher, President of the District III Mental Health Board, along with The Reverend Terry Jackson, Chairman of the Program and Plan, appeared before the Board and presented each Commissioner with a copy of the District III Annual Report covering fiscal year 1977 - 1978.

            Dr. Fisher pointed out the District, overall, had spent $7,700,000.00 on mental health services; with the Lake-Sumter area services amounting to $1,600,000.00.

            During discussion, Dr. Fisher briefly outlined the local Board's responsibility as that of 1) Planning, 2) Co-ordination, 3) Evaluation, and 4) Delivery. Dr. Fisher went on to ask the Board's cooperation in opposing the abolishment of the local board, should planned legislation be introduced. Dr. Fisher cited instances of displeasure by various delegates of the 21-member Board which he felt were instrumental in the formulation of an attempt to abolish the citizen's advisory boards.

            He and Father Jackson urged the Commissioners talk with Mr. Lacey, Director of the Lake/Sumter Community Mental Health Center, regarding his interaction with HRS State personnel; since the abolishment of the local boards would create a heavier workload on the State Health and Rehabilitative Services' Office. It is the feeling of those in favor of abolishment of the local Board that HRS should strengthen their staff to handle the workload. It is Dr. Fisher's feeling that HRS, due to departmental turnover, would be unable to secure the expertise available through the present local Board.

            Father Jackson briefly discussed the Report with the Commissioners and further cited instances he felt the Board would be made aware of during their discussions with local Delegates regarding the retention of the local Boards.

            ROADS - SUBDIVISION

            Dr. Robert C. Holmes, developer of the Summerset Subdivision, along with Mr. Gene Sextons, Hall-Farner & Associates, appeared before the Board to discuss the unpaved road on the south side of the proposed Phase II of Summerset which is now ready for improvements and to be recorded.

            Under discussion, it was pointed out lots are not allowed to front on unpaved roads; and, the road on the south of the subdivision is a County-maintained clay road. Mr. Sextons stated Dr. Holmes would be agreeable to the County approving his subdivision without improvements made to the road, or if need be, to setting up a trust to be used when the County saw fit to pave the road.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board denied the request for a variance from County requirements. It was pointed out to Dr. Holmes and Mr. Sextons that with minor revisions on the developer's part, the Clermont subdivision could be approved.

            SUITS AFFECTING THE COUNTY

            At this time the County Attorney's Office made a brief report on a private suit involving a park in Sylvan Shores. The County has been named as a Third Party in the suit in an attempt to establish whether the park is dedicated to the public, owned by the Sylvan Shores Park Association (as claimed by Quit Claim Deed), or privately owned.

            This Contract entered into the February 13,1979, between the Board of County Commissioners of Lake County a political subdivision of the State of Florida, and Home Builders Association of Lake County, located in Eustis, Florida.

            WHEREAS, the Board of County Commissioners of Lake County administer Title I C.E.T.A. Programs, and

            WHEREAS, in administering said program, the Board of County Commissioners of Lake County, wish to offer a special, short term carpenter trainee course for the participants of the C.E.T.A. Program, and

            WHEREAS, said courses of this type are not available at any location in Lake County Florida, and

            WHEREAS, County Commissioners of Lake County has a classroom to offer said courses.

            NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) in hand paid and the other mutual covenants hereinafter set forth, it is hereby mutually agreed as follows:

            1. Home Builders Association of Lake County, Florida agrees to offer a short intensive carpenter trainee course beginning on MARCH 5 1979 and continuing for fifteen (15) weeks with eight (8) hours of instruction per day.

            2. Said course shall concentrate on basic carpenter skills, such as wood cutting, nailing, digging footers, framing houses, use of hand and power tools and more. Said course shall also include skills directly related to the problems of being a carpenter.

            3. The class size will not exceed fifteen (15) students.

            4. The Board of County Commissioners of Lake County shall pay to Home Builders Association of Lake County teaching said course in an amount not to exceed the following:

            a. Training supplies, tools and books - $1,500.00.

            b. Instructor - $8.00 per hour at 40 hours - $320.00 per week.

            c. Coordinator - 40 hours at $210.00 per week

            d. Instructor and Aide fringes             FICA                                      $487.40

                                                                        Workmen’s Compensation     150.00

                                                                                                                        $637.40

            e. HBA Administration - 8 hours/week for 15 weeks at $3.00 hours= $360.00.

            f. Total costs for course- $10,447.40.

            5. Any and all equipment purchased by Lake County Home Builders Association in connection with this Contract or with funds provided in this contract shall be the property of the Office of Manpower Planning in Tallahassee, Florida.

            6. This contract may be amended with the agreement of both parties in writing.

(Signed by:)

President, Home Builders Association of Lake County

Chairman, Lake County Board of County Commissioners

            It was the feeling of the Board that while it sounds like a private law suit, if, indeed, the park was dedicated to the public, which tax records indicating no taxes have been paid on the park would strongly indicate, the County has an obligation to become involved and establish the status of the park. No action was taken at this time.

            NURSING HOME/COUNTY EMPLOYEES

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the creation of a Relief Registered Nurse position at the Nursing Center at the rate of $4.85 per hour. It was pointed out this is not a budgeted position; lapse funds may be available for part of the salary, but a transfer from the appropriate account should be made if necessary.

            CONTRACTS & AGREEMENTS

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board authorized the Chairman to sign the contract presented by Mr. Porter, Personnel Director, between Lake County and the Home Builders Association authorizing the use of a section of the Emergency Services' Center for a 15-week intensive training course for prospective builders, Exhibit C. , of these Minutes.

            COUNTY EMPLOYEES/ACCOUNTS ALLOWED/TRAVEL

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board authorized travel for those employees selected by Mr. Porter to attend a "Leadership And Decision Making" one-day seminar sponsored by Human Research and Developing Services, Inc., on February 21 in Orlando or April 4 in Gainesville, at $35.00 per participant.

            CETA

            Mr. Porter explained that certain CETA lapse funds were available which needed to be used. He presented to the Board a summary of suggested CETA positions and projects.

            Discussion was held regarding the proposed positions.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the use of lapse funds for the following, for a seven-month period through September 30, 1979:

            1. Lake County District School Board

                        Custodial Aide/School Crossing Guard:

                                    $248.90 Bi-Weekly & Fringes..................$5,538.52

            2. Courthouse

                        Carpet/Tile Cleaner Assistant:

                                    $269.23 Bi-Weekly & Fringes..................$5,665.79

            3. City of Minneola

                        Auto Mechanic Trainee

                                    $384.00 Bi-Weekly & Fringes..................$7,647.70

            4. Florida Game and Fresh Water Fish Commission

                        Secretary:

                                    $232.00 Bi-Weekly & Fringes..................$4,596.33

                                                                                                                        $23.448.34


            Under discussion, Commr. Windram stated he was not in favor of the Game and Fresh Water Fish Commission's request.

            The question was called for; the motion carried with Commr. Windram voting "No."

            Discussion was held regarding the proposed projects.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the use of lapse funds over a seven-month period as shown below:

            1. Planning, Lake County Board of County Commissioners

                        Destination Traffic Survey:

                                     2 positions, $248.39 Bi-Weekly, $40.00 Bi-Weekly Travel

                                    Total Fringes......................................................$11,473.32


            2. Planning, Lake County Board of County Commissioners

                        Existing Subdivision Plat Survey:

                                    2 positions, $248.39 Bi-Weekly, $180.00 Bi-Weekly Travel

                                    Total Fringes........................................................$15,813.32


            3. Planning, Lake County Board of County Commissioners

                        Urban Development Within Flood Prone Areas

                                    2 positions, $248.39 Bi-Weekly, $180.00 Bi-Weekly Travel,

                                    Total and Fringes...................................................$15,813.32


            4. Planning, Lake County Board of County Commissioners

                        Community Development Block Grant Target Areas and Clean-up

                                    5 positions: 1 Foreman at $280.00 Bi-Weekly

                                    1 Truck Driver at $280.00 Bi-Weekly

                                    3 Laborers at $240.00 Bi-Weekly

                                    Total ..........................................................................$31,998.77

                                    (Includes rental of truck for hauling debris)


            5. Florida State Employment Services

                        Outreach, Older Persons for Jobs:

                                    2 positions: $299.00 Bi-Weekly and Fringes....$5,752.79

                                    $236.00 Bi-Weekly and Fringes.......................$4,628.35

                                                                        Total.......................................$10,381.14

            6. Lake Sumter Community Mental Health Center

                        Elderly Medication Misuse Prevention

                                    5-positions, $346.15 Bi-Weekly and Fringes.............$34,864.15


                                                                                                                        $120,344.02

            FAIRGROUNDS

            Mr. John Whitaker appeared before the Board on behalf of the Eustis Little League regarding this year's rental increase on the tractor pull at the Fairgrounds. Mr. Whitaker stated last year he paid $233.00 in rent. He stated when he reserved the tractor pull area this year, he was not informed that the rental rates had been increased. Upon receiving his contract for the tractor pull, he realized he was being charged a total of $1,080.00.

            Commr. Burhans moved that the old charge of $233.00 be allowed for this year also, since no notification of rental increase was issued.

            Discussion continued with no second to the above motion which died.

            It was the feeling of the Board that while new rental rates had been approved, all prospective users of the facilities at the Fairgrounds should have been told of the new rates when they inquired as to the availability of the facilities.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board authorized the Clerk to notify Mr. Dunbar, Executive Director of the Lake County Chamber of Commerce, to adjust the Eustis Little League's bill to reflect a charge of $250.00 rental per day, waiving all other charges, based on the fact no prior notification of rate increase was given the customer. This action was agreeable with Mr. Whitaker.

            RECESS AND REASSEMBLY

            At 12:l0 P.M. the Board adjourned for lunch at the Park Grill; the public and press were invited on a Dutch treat basis. The Board reconvened at 1:55 P.M. to hear scheduled rezoning cases.

            PUBLIC HEARING #4-79-l C-l to C-2 - Richard Sprague

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the recommendation of the Planning Commission and rezoned the parcel to CP.

            PUBLIC HEARING CUP #642-l CUP in C-2 - Winnie Morrone

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

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the Planning Commission's recommendation and granted the CUP in C-2 for a caretaker's residence.

            PUBLIC HEARING #154-2 Revocation of CUP in R-l-7 - Staff

            No one present had any comments regarding the revocation of this CUP.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the revocation of this CUP.

            PUBLIC HEARING #l39-2 Revocation of CUP in A - Staff

            No one present had any comments regarding the revocation of this CUP.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the revocation of this CUP in that the intended use, extraction facility, is not in operation on the site.

            PUBLIC HEARING #3-79-2 R-1-7 to A - Staff

            No one present had any comments regarding this rezoning request.

            On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the rezoning to A.

            PUBLIC HEARING #2-79-3 RR to R-1-15 - John R. Warren

            No one present had any comments regarding this rezoning request.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the rezoning to R-1-15.

            PUBLIC HEARING #l-79-3 A to RP - Joe Peterman

            No one present had any comments regarding this rezoning request.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board approved the rezoning to RP for a real estate office.

            PUBLIC HEARING CUP #644-3 CUP in A - Ronald Tuttle

            No one present had any objection to a postponement recommendation.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board postponed this hearing to April 10, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #8-79-3 A to RE - Ellis Williams

            Mr. Ellis Williams was present to answer any questions the Board might have regarding his rezoning request.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to RE.

            PUBLIC HEARING CUP #640-4 CUP in RR - James Bailey

            No one present wished to make any comments regarding the issuance of this CUP.

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the issuance of this CUP, as amended, for a real estate office.

            PUBLIC HEARING #5-79-4 R-1-7 to C-2 - William Daugherty

            No one present wished to discuss this rezoning.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the rezoning to C-2.

            PUBLIC HEARING CUP #641-4 CUP in A - Romana Crane

            No one present had any comments regarding the issuance of this CUP.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Planning Commission and Planning Department recommendations for denial were upheld and the CUP denied.

            PUBLIC HEARING CUP #145-5 Revocation of CUP - Staff

            No one present had any comments regarding the consideration of revocation of this CUP.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Planning Commission's recommendation for postponement was followed and the hearing postponed to March 13, 1979, 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING CUP #137-5 Revocation of CUP - Staff

            No one present had any comments regarding the revocation of this CUP.

            Commr. Burhans moved for a postponement to March 13, 1979, to allow time to establish which CUP in which mobile home park was under consideration. Upon being assured by the Planning staff that the legal had been checked and this parcel was not the one Commr. Burhans had in mind, but a different CUP, Commr. Burhans moved approval of the revocation as recommended by the Planning Commission. This motion was seconded by Commr. Carson and carried unanimously.

            PUBLIC HEARING CUP #643-5 CUP in A - Jack Marable

            At this time Commr. Burhans stated he would abstain from discussion and vote regarding the hearing due to a conflict.

            Mr. Lou Talley, an attorney representing Harry Blocke, a resident from across the road of the proposed hog barn, was present encouraging denial of the issuance of the CUP.

            Mr. Robert Brady, representing Lee Acres' residents, spoke with the Commissioners urging denial of the issuance of a CUP. Mr. Brady pointed out that he did not feel the "Dodd" farm was an applicable comparison in that homes were built around the established farming operation; whereas now the hog barn is being considered for placement in an already populated area. Mr. Brady highlighted the following areas of concern for the residential atmosphere: added traffic, odor, noise, property devaluation, and a fly problem.

            Mr. Jack Marable, petitioner, was present to answer any questions the Board, or adjacent property owners, might have. Mr. Marable pointed out his operation will not be a hog "farm," but rather a hog "barn." He stressed the difference and briefly reviewed the plans as approved by the University of Florida and the Lake County Pollution Control Department. Mr. Marable further assured the neighbors there would be no odor, and he did plan to eventually live in the area.

            Mr. Lou Talley again approached the Board asking them to consider whether or not its intended use will fit into the existing use, as well as whether or not there is any chance of annoyance to residents.

            At this time four (4) letters of opposition were given to the Board's secretary for filing (Syverson, Locke, Brady, and Petersen).

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

            PUBLIC HEARING #6-79-5 A to LM - Ray Branham & J.C. Johnson

            No one present had any comments regarding this hearing.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the rezoning to LM.

            PUBLIC HEARING #7-79-5 R-1-7 to C-l - Ruby Sapp

            Mrs. Sapp was present to answer any questions the Board might have regarding her rezoning request.

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

            COMMISSIONERS

            At this time Commr. Burhans excused himself from the meeting to travel to Tallahassee for a meeting on the Green Swamp.

            EMERGENCY MEDICAL SERVICES

            Brief discussion was held regarding Emergency Medical Services Guidelines.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously by those present, the Board approved the Guidelines as submitted and dated February 5, 1979.

            MACHINERY & EQUIPMENT/ACCOUNTS ALLOWED

            Discussion was held regarding County fire extinguishers.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously by those present, the Board authorized an expenditure of $676.00 to Marion Fire & Safety Company, Inc., Ocala, for 20 vehicle extinguishers and 34 wall mount units, to bring the County up to current hand/portable standards.

            Under discussion, it was decided Mr. Knuckles should assemble all old units and store until the County surplus inventory is completed, at which time a sale will be held.

            ROADS - COUNTY, STATE

            Commr. Deems informed the Board the County is unable to obtain one section of right-of-way on Pine and Washington Streets which is owned by nine heirs to an estate. Commr. Deems further stated the updated current estimate to pave this road is between $75,000.00 and $80,000.00. Discussion occurred.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously by those present, the Board authorized the use of Federal Revenue Sharing Funds to pave Pine and Washington Streets, with one parcel prescriptive due to an ownership problem.

            MINUTES

            The Board reviewed the resubmitted Insurance section of the November 14, 1978, Minutes.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously by those present, the Board approved the Insurance section of the November 14, 1978, Minutes, Pages 3 and 4.

            COURTHOUSE/MACHINERY & EQUIPMENT

            Commr. Carson informed the Board he had estimates for the installation and monthly charges on a call detail recording system for the SL-1 EPABX phone system in the Courthouse. Florida Telephone requires a 60-month contract at $275.00 per month, with an initial installation cost of $1,600.00. It was the feeling of the Board that at the present time this is not economically advantageous.

            FAIRGROUNDS

            Mr. Ford presented each Commissioner a copy of a Resolution creating a Lake County Fairgrounds Advisory Board, as well as a copy of a new proposed Agreement covering the management of the Lake County Fairground and Exposition Facilities. Mr. Ford suggested the Commissioners review these papers and discuss them at the next meeting when Commr. Burhans will be present.

            LANDFILL

            Mr. Ford updated the Board on his negotiations regarding the purchase of land adjacent to our present landfill on SR 19. Mr. Ford stated the Winter Park firm is now willing to sell the total 97.5 acres.

            Mr. Ford was instructed to offer $265,000.00 for the total parcel, negotiate, and if terms were agreeable, proceed to a condemnation suit, as previously agreed by both parties, see Pages 459, 496, 497 of prior Minutes.

            There being no further business to be brought before the Board, adjournment was at 4:05 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk