A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 9, 1982

The Lake County Board of County Commissioners met in Regular Session on Tuesday, March 9, 1982, at 9:00 A.M. in the County Commissioners' Meeting Room, Tavares, Florida. Commissioners present were: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems and Glenn C. Burhans. Others present were: Christopher C. Ford, County Attorney, and Pat Shirah, Secretary.

Invocation was given by Commr. Deems and the Pledge of Allegiance was led by Commr. Burhans.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of March 2, 1982, as corrected.

LAWS & LEGISLATION/MEETINGS

Commr. Carson informed the Board that he had been contacted by Mr. Spitzer, State Association of County Commissioners, Tallahassee, regarding a Bill that the House of Representatives would undoubtedly pass today which would provide for a full one cent increase in sales tax. Commr . Carson stated that Mr. Spitzer requested the Commissioners to attend a rally in Tallahassee on March 15, 1982, at 1O:OO A.M. at the Hilton Hotel to bring each Commissioner up to date on what has happened and then to enable each Commissioner to call on the various State Senators if they desire to do so, regarding the passage of the House BillCommr. Carson stated this was only for informational purposes.

The Board instructed Chris Ford, County Attorney, to obtain a copy of the Bill as soon as possible and copy each Commissioner.

PURCHASING/BIDS/ACCOUNTS ALLOWED

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board awarded County Bid #009-82 (l/2 ton pick-up truck) to Golden Triangle Ford at a cost of $6,851.52 (low bidder including trade-in).

PURCHASING/JAIL

Norma Showley, Purchasing Agent, informed the Board that People's Gas had requested that they be authorized to substitute the Webster Engineering gas/oil conversion burners as opposed to "Unipower" from Midco International. Ms. Showley stated she had checked with Munn's Gas, Leesburg; Harris Oil in Mt. Dora; and Tempaco in Leesburg and that she was advised the the Webster burners are equivalent or better than "Unipower". Ms. Showley also informed the Board that People's Gas would be able to turn key the installation in three to four weeks if substitution was approved.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the substitution as submitted by Ms. Showley.

PUBLIC WORKS

Discussion occurred regarding a drainage problem on Old Eustis Road #4-4581.

Mr. Paul R. John appeared before the Board and requested the County put in drainage to ease the problem in front of his home.

Mr. Willett, Development and Public Works Director, stated it would take $1,200.00 in materials and $600.00 in labor to correct the problem. Mr. Willett stated he felt that Mr. John had been warned of the problems in drainage in the area before Mr. John built his home, and that the County had made an effort to correct the problems.

Mr. John passed out maps of the area and stated that the problem was caused by the water sheeting off of the County Road on to his property.

Mr. John stated he had taken several steps to try and prevent the problems when his home was built but it did not eliminate the problems, and everytime it rains his yard has up to six (6) inches of water standing on it.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board denied the request of Mr. John and instructed the Public Works Staff to evaluate the problems in that area and if any of the problems are County originated that they submit a recommendation to the Board to resolve the County portion of the problems. The Board also instructed the Building Dept. to clarify to each person applying for a Building Permit in that area the existing problems of drainage prior to issuing them a permit.

TAX COLLECTOR/ZONING DEPARTMENT/ORDINANCES

Mr. Jerry Sexton, Planning Coordinator, appeared before the Board at this time to discuss the problem the County is having in regards to the Tax Collector issuing Occupational Licenses then people starting business and thinking they are legal when actually in some instances they are not due to improper zoning. Mr. Sexton stated that in some instances these people are found in violation and do not understand why.

Mr. Sexton stated he would like to see some sort of system worked out so that the Zoning Department could check the zoning on the Occupational License applications before the Tax Collector issues a license.

Mr. Hall, Tax Collector, appeared before the Board at this time and stated he would like the Board to pass an Ordinance requesting him to do this for the following reasons:

1. It is a revenue matter.

2. He would like assurance that the Zoning Department would assist his Department in determining whether or not the applicant is in a municipality or not.

3. He would like the information to be put in a proper place on the Information Forms for people who would be applying for an Occupational License.

Mr. Hall stated he had no objections as long as the County would be liable for any type of lawsuit that might be brought against him if he refuses to issue an Occupational License to an individual due to the individual not having proper zoning for a business.

Mr. Ford, County Attorney, stated the County has never refused to defend anyone who was doing this type service as requested by the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney's Office to draw the proper amendment to Ordinance 1972-3 and bring it back to the Board for their review.

PLANNING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board denied the request for Richard Belgard - Astatula Area - District #4 - Case #82-3, for waiver of improvement requirements and plan requirements of the Subdivision Regulations - Section 62, as recommended by the Planning Department.

BONDS - MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for George W. Baron, Jr. - Cassia Area - District #4, to live in a mobile home on the same piece of property on which his conventional dwelling is being built subject to the proper bond being posted and with the understanding the mobile home will be removed immediately upon completion of the conventional dwelling or upon the request of the Board of County Commissioners.

WATER AUTHORITY/RESOLUTIONS

Mr. Willett, Development and Public Works Director, stated his department had received a complaint from Mr. and Mrs. C. I. Smith regarding the boating traffic on Haines Creek Canal.

The Board instructed the complaint be sent to Water Authority to allow them to study the problem and present the proper resolution to the Board if necessary for their review.

CONTRACTS & LEASES & AGREEMENTS/PLANNING DEPARTMENT

Mr. Jerry Sexton, Planning Coordinator, spoke to the Board at this time regarding transportation for the disadvantaged.

Discussion occurred regarding the brief outline submitted by the Planning Department.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Chairman to sign the agreement between the Florida Department of Transportation and the Lake County Board of County Commissioners and between Lake County and the East Central Florida Regional Planning Council in the amount of $800.00 to coordinate the transportation of the disadvantaged with the stipulation that they work very closely withe the Lake County Planning Department in formulating the draft form of the program or in anyway the Lake County Planning Department feels is necessary.

PUBLIC WORKS/ACCOUNTS ALLOWED/ROADS - COUNTY, STATE

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

carried unanimously, the Board approved a change order on Project #2-82, to include the resurfacing of Mobile City Road #1-4923 for $2,374.40 and Belle Ayre Drive #4-4164 for $3,963.60 for a total increase of $6,338.00, as recommended by the Public Works Department.

PUBLIC WORKS/MUNICIPALITIES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Umatilla to stripe Umatilla Blvd, with the City to pay for the paint and materials and the County to furnish the striper and manpower.

HEALTH DEPARTMENT/LAWS & LEGISLATION

Dr. June M. Atkinson, Director, Lake County Health Department, appeared before the Board at this time to discuss the areas of concern regarding the proposed legislation (re: H.B. 741 and S.B. 851 - Health Departments). Dr. Atkinson, presented the Board with a short critique of the areas of her concern. Discussion occurred.

Dr. Atkinson at this time requested the Board's input regarding the Lake County Health Department charging fees for services rendered. The Board requested Commr. Burhans to meet with Dr. Atkinson regarding the fees and report back to the Board. Dr. Atkinson presented a draft of Proposed Guidelines for CHU Fee Collections for the Boards review before the April 6, 1982, meeting.

PERSONNEL/POLLUTION CONTROL/ACCOUNTS ALLOWED/COUNTY EMPLOYEES

Mr. Timmons, Personnel Director, presented a request for a merit increase in the amount of $300.00 per year for Mr. Erick Cotsenmoyer, Spray Equipment Operator, Aquatic Weed Control, to be effective as of April 5, 1982.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request as submitted by Mr. Timmons with funds to be taken from the Aquatic Weed Reserve Account for Merit Increases.

PERSONNEL/MOSQUITO CONTROL/ACCOUNTS ALLOWED/COUNTY EMPLOYEES

Mr. Timmons, Personnel Director, presented a request for a merit increase in the amount of $346.00 per year for Mr. Andrew Duncan, Mosquito Control Inspector, Mosquito Control Department, to be effective as of April 5, 1982.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request as submitted by Mr. Timmons, with funds to be taken from the Mosquito Control Reserve Account for Merit Increases.

CETA

Mr. Flowers, CETA Director, appeared before the Board at this time to discuss his recommendation for a CETA Department Staff Reorganization. Discussion occurred.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved the CETA Department Staff Reorganization as submitted by Mr. Flowers.

CETA

Mr. Flowers, CETA Director, went over a memo that each of the Board members had regarding his recommendation for appointments for CETA Citizen's Advisory Councils. Discussion occurred.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the appointments as recommended by Mr. Flowers for the CETA Citizen's Advisory Councils, subject to approval from the United States Department of Labor.

CETA/PLANNING DEPARTMENT/ACCOUNTS ALLOWED

Mr. Flowers, CETA Director, stated that the CETA Department was in desperate need of some type of video tape system in order to train CETA Employees on interviews, resumes and applications. Mr. Flowers stated that without this type of training a CETA Employee cannot really look for a job. Mr. Flowers stated that the Planning Department has a video tape system that they do not use and is willing to Let the CETA Department borrow. Mr. Flowers stated that it is in need of repair and would cost approximately $300.00 to do so.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from the CETA Department to borrow the video tape system from the Lake County Planning Department and that the machine be repaired at a cost not to exceed $300.00 with funds to be paid from the CETA Account.

ASSESSMENTS/PUBLIC WORKS/ORDINANCES

Discussion occurred regarding the proposed ordinance pertaining to mandatory assessments. Several changes were recommended. Mr. Ford, County Attorney, was instructed to make the necessary corrections.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to advertise the amended Ordinance for April 13, 1982 at 1O:OO A.M.

TAX COLLECTOR

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved for the Mt. Dora Topic to publish the 1981 Deliquent Tax Notices for Lake County. The motion also included the proper letters be written to Mr. Hall, Tax Collector, and the Mt. Dora Topic informing them of the Board's actions.

MEETINGS/LAKE COUNTY HOUSING FINANCE AUTHORITY

Discussion occurred regarding the Interlocal Agreement between Lake County and the Orange County Housing Finance Authority.

Commr. Carson stated that the next meeting having to do with the Lake County Housing Finance Authority will be in Orlando at the Orange County Courthouse, Room 327, Friday, March 12, 1982, at 10:00 A.M.

MOSQUITO CONTROL/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved travel for Mr. Phil Yoder, Director, Lake County Mosquito Control, to attend the Annual Meeting of the Florida Anti-Mosquito Association in Port St. Lucie, Florida, on May 2 through May 5, 1982, at an estimated cost of $222.50.

MEETINGS/MOBILE HOME ADVISORY COMMITTEE

Commr. Carson informed the Board that the next Organizational Meeting of the Lake County Mobile Home Advisory Committee would be tonight, March 9, 1982, at 7:00 P.M. in the Old Lake County Court-House on the Fourth Floor. Commr. Carson further stated there would be two other Organizational Meetings one on March 16, 1982, and one on March 23, 1982 both at the same place and time as the first meeting.

Commr. Smoak requested the Clerk's Office to copy him on the letter which Commr. Carson was reading from.

Commr. Deems requested the County Attorney's Office to detail the responsibilites of the members of the Lake County Mobile Home Advisory Committee at the next meeting. Commr. Deems stated he had been contacted by one of the members who did not fully understand their responsibilities as a committee.

SUITS AFFECTING THE COUNTY

Discussion occurred regarding the law suit filed against Lake County by Mr. Hugh Wilson.

Mr. Ford, County Attorney, stated that the case has been filed in the Civil Department, and his office has turned the suit into the County's Insurance Company.

RECESS & REASSEMBLY

At 11:55 A.M. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually today.

The Board reconvened at 2:00 P.M. for Rezoning.

REZONING

PUBLIC HEARING CUP #808-2 Valentine and Company

Mr. Dewey Burnsed, Attorney, was present representing Valentine and Company. Mr. Burnsed presented the Board members with a copy of a section from the Lake County Zoning Ordinance which defines development. Discussion occurred regarding the definition of development.

Mr. Ted Wicks, Director, Lake County Pollution Control, spoke to the Board and audience regarding this CUP.

Mr. Jerry Sexton, Planning Coordinator, suggested that Valentine and Company submit the legal descriptions of the property on which they will be mining so the Zoning Department will be aware of the situation at all times.

The Board requested the Planning and Zoning Staff to study and submit a written recommendation to the Board which would define development of wetlands (peat mining, etc.) as soon as possible.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the amendments to the CUP as follows:

1. Eliminate paragraph 2E (2).

2. Paragraph 2H to read: Certification by Engineer: Prior to commencing operation, the permittee shall submit to the Lake County Department of Pollution Control a certification by Spring-stead and Associates, Professional Engineers, or such other professional engineer as shall be acceptable to the Lake County Department of Pollution Control certifying that the mining operation will not adversly upset the hydrological balance of the wetlands.

PUBLIC HEARING CUP #245-3 P & Z Commission

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

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 approved the revocation of the CUP.

PUBLIC HEARING CUP #385B-3 F. Browne Gregg and M. Petrelli

Mr. Don Huntington appeared before the Board and stated that he objected to the CUP due to the fact he wanted to build a home on the property across the Road approximately fifty (50) feet from the proposed mining operation. Mr. Huntington stated he was very concerned about the erosion of the road, the unsightliness and the potential safety hazard.

Mr. Dewey Burnsed, Attorney, representing the Petitioners, appeared before the Board requesting the CUP. Mr. Burnsed stated his clients had put the road in originally and in his opinion had been very good neighbors to the surrounding people in the area.

Commr. Smoak moved that the CUP be amended to read that there will be a 250 foot setback from the road instead of a 50 foot setback, and then approve the CUP as amended. Commr. Deems seconded the motion.

Mr. Burnsed requested the Board to consider a 100 foot setback instead of a 250 foot setback.

The motion carried unanimously as made by Commr. Smoak and seconded by Commr. Deems.

PUBLIC HEARING #17-82-5 James C. Dauksch, Jr.

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 denied the request for rezoning from R-l-7 (Urban Residential) to RP (Multiple-Family Residential-Professional).

PUBLIC HEARING #12-82-5 Meadows Vol. Fire Dept.

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

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning request from R-l-5.(Mobile or Mixed Residential) to CP (Planned Commercial).

PUBLIC HEARING #19-82-5 John D. Young

Commr. Carson read a letter from Mr. Kenneth Van Auken in favor of the Planning and Zoning Commissions recommendation of denial.

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 denied the rezoning request to rezone from A (Agricultural) to M-l (Heavy Industrial).

PUBLIC HEARING #8-82-4 Hugh W. Wilson

Mr. Wilson appeared before the Board regarding this case. Mr. Wilson stated he felt he did not get a fair hearing at the Planning and Zoning Commission Meeting. Mr. Wilson also stated that certain letters were in his file in the Planning and Zoning Office that he never received, and that some of the names on the Petition that was submitted were not correct because they do no own property in the area.

The Board explained that due to the fact that all the property in the area was zoned A (Agricultural) that if they rezoned his property to LM (Light Manufacturing, Warehousing, Research or Professional) or M-l (Heavy Industrial) it would be "Spot Zoning" which is against the law in Florida.

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 the request to rezone from A (Agricultural) to LM (Light Manufacturing, Warehousing, Research or Professional) or M-l (Heavy Industrial).

PUBLIC HEARING CUP #809-4 Marshall Minks

Mr. Minks appeared before the Board regarding this case. Mr. Minks stated he would not be storing the vending machines on his property, he would be repairing one at a time then the machine would be returned to its original location.

Mr. Minks stated he would be doing this to supplement his income.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission for denial and approved the CUP to include that the storage of the vending machines be prohibited, and that he not have more than one (1) machine on his property being repaired at one time.

Commr. Smoak asked Mr. Minks if he had read the CUP and the stipulation in the CUP concerning what can and cannot be done, and also asked Mr. Minks if he agrees to the terms and conditions.

Mr. Minks stated he had read the CUP and he does understand the terms and conditions.

PUBLIC HEARING #15-82-4 Jim D. Gilliard

No one present wished 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 approved the rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING #10-82-4 Bessie L. Hill

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

PUBLIC HEARING #9-82-4 Keith Lanphear

Mr. Steve Richey, Attorney, representing Mr. Lanphear was present to discuss this case with the Board. Mr. Richey presented letters for the Board's review from people in other counties where Mr. Lanphear presently has businesses of this type. Mr. Richey also presented pictures to the Board of the same type of businesses Mr. Lanphear owns in other counties.

Mr. Richey stated that this business would be for a display of swimming pools and sales of those pools. Mr. Richey also stated it would be a low impact commercial use of the property, little traffic etc. Mr. Richey also stated that the way the property is zoned now that a lot of undesirable businesses could be put in, and that this type of business would be improving the area.

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

PUBLIC HEARING #21-82-2 Steven J. Richey

Mr. Richey, Attorney, was present to discuss this case with the Board. Mr. Richey informed the Board that a portion of this property was being held in Land Trust 360 in the Sun First National Bank of Lake County.

Commr. Carson and Commr. Deems stated they would abstain from the vote due to their affliation to Sun First National Bank of Lake County.

Mr. Ford, County Attorney, stated that Commr. Carson could still be Chairman and that he and Commr. Deems could participate in discussion on the case.

Mr. Frank Gaylord, Attorney, was present representing Mr. Ron Farley and all the property owners to the West side of the property. Mr. Gaylord stated his clients have several reservations about the rezoning:

1. Diesel enginees are used when it gets cold to heat the ferneries, these engines make a lot of noise.

2. Water usage - if the new property owners have wells - the safety of the water due to chemicals used at the ferneries, etc.

3. Chemicals used at the ferneries - affect on animals or humans if direct contact was made.

Mr. Richey, stated his clients intend to put an adult mobile home park with no pets allowed on the property to prevent anything from happening. Mr. Richey explained to the Board that the way the zoning is now that family homes could be constructed there, and that with the change in zoning the situation would be improving.

Mr. Ron Farley, fernery owner, stated he did not object to the rezoning but he did not want to be sued next year if a dog dies from chemicals or because of the noise because he is trying to tell everyone about the problems that might arise.

Mr. Richey stated his office would furnish Mr. Farley, Mr. Gaylord and the Board with letters stating his clients intent and that they were properly warned of the potential problems.

Mr. Gaylord stated his office would furnish Mr. Richey's Office and Mr. Richey's client with a letter stating the problems Mr. Farley has anticipated and his concern.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the rezoning from R-l-7 (Urban Residentia to RM (Mobile Home Residential).

Commr. Burhans voted "No".

Commr. Carson and Commr. Deems abstained from the vote due to their affliation with Sun First National Bank of Lake County.

PUBLIC HEARING CUP #733B-5 E. W. Beaudet

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 the amendments to the CUP as submitted.

PUBLIC HEARING #16-82-1 Ralph D. Cook

Mr. Cook appeared before the Board regarding this case. Mr. Cook stated he would like to put a mobile home on his property.

Mr. Jerry Sexton, Planning Coordinator, explained to Mr. Cook that the area is developing in conventional housing. Mr. Sexton also explained that the existing mobile homes in the area were grandfathered in or permitted under old administrative CUP's, and that the Bassville Park Sketch Plan recommended conventional housing in the area.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request to rezoned from R-l-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #11-82-l Paul D. Warren

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

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Cormnission and approved the rezoning from R- 1-7 (Urban Residential) to R-l-5 (Mobile or Mixed Residential).

PUBLIC HEARING #14-82-l John Pacuicrk

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

PUBLIC HEARING CUP #811-l John Pacuicrk

No one present wished 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 approved the CUP as amended.

PUBLIC HEARING #20-82-2 H. D. Robuck, Jr.

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 for postponement and postponed this case until April 13, 1982 at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING CUP #285B-2 Ray E. Chamberlain

Mr. Ray Chamberlain was present to discuss this case with

the Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP amendments as requested.

PUBLIC HEARING CUP #813-3 Lykes Pasco Packing Company

Mr. Jerry Sexton, Planning Coordinator, stated he had received a written request from the petitioner to postpone this case for sixty

Mr. Tom Samuels appeared before the Board at this time and asked why the Petitioner had asked for a postponement.

The Board expained to Mr. Samuels that it is Board policy to approve a request from the petitioner for a first postponement.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for a postponement, this case will be heard on May 11, 1982 at 2:00 P.M. or as soon thereafter as possible.

PUBLIC HEARING CUP #131-2 P & Z Commission

Mr. Sexton, Planning Coordinator, stated the Planning Department would like to withdraw this request for the revocation of the CUP.

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 accepted the withdrawal.

PUBLIC HEARING CUP #541A-3 Harold Jovaag

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

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 approved the amendments to the CUP as requested.

PUBLIC HEARING CUP #812-2 Billie Faye Clemmons

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 the CUP in A (Agricultural) for a home occupation (beauty shop).

PUBLIC HEARING #18-82-5 Beulah Wilson

Mr. Jim Coyle appeared before the Board at this time and requested the rezoning. Mr. Coyle stated he was representing Mrs. Wilson and the buyer of her property. Mr. Coyle stated the buyer would like to put a convenience store on the property.

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 denied the request to rezoned from R-l-7 (Urban-Residential) to C-l (Rural or Tourist Commercial).

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved payment to John Dickerson, Architect, in the amount of $80.00 for services rendered in February for preparing estimates on the Clements and Educational Buildings at the Lake County Fairgrounds.

The Board requested the Clerk to include Mr. Dickerson's payment statements in the regular bills on the first and third meetings of each month.

REPORTS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the week ending February 26, 1982.

RESOLUTIONS/ELECTIONS

Mr. Ford, County Attorney, presented a proposed Resolution requesting the Supervisor of Elections to place the question of whether Lake County should impose a one (1) cent gas tax on the ballot at the general election in November, 1982.

Commr. Burhans made a motion to approve the Resolution as submitted by the County Attorney. Commr. Smoak seconded the motion.

Commr. Smoak stated he would like to see the question on the ballot rewritten in a positive form.

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

The Board postponed any action at this time to allow the County Attorney to rewrite the Resolution and bring it back to the Board for review.

CONTRACTS & LEASES & AGREEMENTS/HOUSING FINANCE AUTHORITY

Mr. Ford, County A torney, presented the Board with a second draft of the proposed agreement between Lake County and the Orange County Housing Finance Authority. Discussion occurred.

The Board stated they would like more time to look over the second draft; therefore, no action was taken at this time.

SHERIFF/COMMUNICATIONS/LICENSES & PERMITS

Commr. Windram read a letter from the Sheriff's Department requesting that all applicants of renewal status be fingerprinted whenever reapplying for a Gun Permit.

The Board requested Commr. Windram to clarify the request and bring a recommendation to the Board next week.

SHERIFF/JAIL/REPORTS/COMMUNICATIONS

Discussion occurred regarding the letter to the Sheriff that the Board was copied on from the Florida Department of Corrections regarding a report by Mr. M. J. Sapp, Inspector, on the Lake County Jail.

The Board instructed Commr. Windram to reply to Mr. Sapp's report step by step.

PUBLIC WORKS/CLAY PITS

Discussion occurred regarding the request from the West Orange Farm Workers Clinic for 3,000 yards of fill dirt.

Mr. Willett, Development and Public Works Director, stated his department had researched the request and he does not feel the request meets the criteria that the County has established in the past.

Commr. Burhans made a motion to approve the request with the West Orange Farm Workers Clinic doing the digging and hauling of the clay and subject to there being 3,000 yards of excess clay in the County. Commr. Smoak seconded the motion, and the motion carried.

Commr. Carson and Commr. Deems voted "No".

AGRICULTURAL CENTER/COUNTY EMPLOYEES

Commr. Burhans read a request from Mr. John L. Jackson, Jr., County Extension Agent IV, to take a group of Lake and Orange County growers on an educational tour of Spain at no cost to the County. Commr. Burhans stated Mr. Jackson was asking for time off (March 28 to April 6) to take the tour.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request as submitted by Mr. Jackson.

PUBLIC WORKS/ROADS-COUNTY, STATE/DEEDS

Commr. Burhans stated he would like the Board to accept Right-of-Way Deeds on Lakeview Drive (Pine Valley Road) and that one of the property owners who had given approximately a mile and a half (1 l/2) of the right-of-way (majority) would like the name changed to be named after his moter.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted the following Right-of- way Deeds on Lakeview Drive (Pine Valley Road):

Mr. George Jeffery

Mr. Edward Ehring

Mr. Paul Shockley

Mr. Patrick G. Keel

The motion also included approving Mr. Keel's request to rename the road Maggie Jones Road (after his mother) due to the fact he gave a majority of the right-of-way.

COMMUNICATIONS/PUBLIC HEALTH

Commr. Carson read a letter from the Department of Law Enforcement regarding the office of District Medical Examiners in District V. The letter stated that Dr. William H. Shutze is being considered by the Commission for reappointment to District V, effective July 1, 1982, and requested a recommendation from the Lake County Board of County Commissioners.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board authorized the Clerk to write a letter to the Department of Law Enforcement requesting they reappoint Dr. Shutze in District V.

PLANNING DEPARTMENT

Discussion occurred regarding the Planning Department copying each Commissioner on the CUP's and Finding of Facts each month.

Commr. Windram suggested that the Planning Department summarize any information the Board might need to know for the Rezoning Meetings.

There being no further business to be brought before the Board the meeting adjourned at 5:00 P.M.

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK

pas 3-11-82