A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 13, 1982

The Lake County Board of County Commissioners met in regular session on Tuesday, April 13, 1982, in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Present at the meeting were the following: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude E. Smoak, Jr.; C. A. "Lex" Deems: and Glenn C. Burhans. Also present were the following: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: and Cathy B. Roy, Secretary.

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

MENTAL HEALTH/RESOLUTIONS

The Chairman announced that the Board would first hear discussion regarding the District III Mental Health Board's Plan.

The Rev. Terry Jackson addressed the Board and passed out copies of the 1980-81 Annual Report of the District III Mental Health Board.

Rev. Jackson stated that the main purpose of coming before the Board today was to request the endorsement of the Board of the services portion of the District III Plan. Rev. Jackson explained that there would be no dollar figures attached to this endorsement but that it would be an endorsement of the plan for District III and was required by the State. Rev. Jackson stated that this plan would go before the District Administrator on April 15, 1982, for acceptance and that Board approval was requested prior to that time.

The Board questioned the County Attorney regarding the County's responsibility of funding these projects under the mandatory matching funds and the status of the Attorney General's opinion regarding County matching funds. Chris Ford stated that if the County approved plans that have certain programs in such plan and those plans are under the Statutes regarding mandatory matching funds, the Board would be in effect saying that by approving the plans the Board would provide matching funds for such plans.

Commr . Windram questioned whether or not those present representing District III Mental Health had any idea of the amount of funds these programs would require and what sort of commitment of funds would be coming from the State. Mr. Jerry Schaffer, Staff Program Planner and Evaluator, addressed Commr. Windram's question and stated that they had no idea at the present time of the amount of State funding that would be received.

Commr. Smoak stated that after meeting with members of the District III Mental Health Board that he felt no Resolution should be adopted by the Board without some type of dollar figure being tied into the Resolution.

Mr. Jack Hargrove addressed the Board and stated that it has been the policy of the local Mental Health Board to raise as much as the funds as possible to contribute to the matching funds portion and has contributed as much as two-thirds. Mr. Hargrove stated that the local Mental Health Board did not include any expansion programs in this year's plan and planned on holding the cash amount of the County Commission in the coming year.

Commr. Smoak expressed concern over the opinion received regarding the mandatory matching funds in that in the opinion received by him contained discrepancies in the Statute numbers throughout the opinion. Commr. Smoak stated that with the increased State funding that will be forthcoming that there could be a substantial increase in the overall Mental Health and Alcoholism Program funding in future years and should the Board adopt the Plan with no funding limitations, it could bind the Board to fund these programs to a larger extent than at the present time. Commr. Smoak stated that although he had no problems with the type of programs offered and felt that the programs are needed by the Community, he felt that the Board needed to know what type of commitment they were making in approving this Plan.

Chris Ford, County Attorney, stated that the Board should consider the excellent working relationship the Board has enjoyed with the local Mental Health Board and consider the pledge made by Mr. Hargrove that the local Mental Health Board did not plan to increase the Board's budgeting in the coming fiscal year and their plans were to contribute as much as possible through fee collections to the amount supplied by the Board.

Mr. Hargrove addressed the Board and asked that they consider that the Center's operation might be jeopardized should the Board not approve the Plan at this time. Mr. Hargrove stated that it was his belief that there would be no substantial increases in any allocations of the local Center and if there were to be an in-crease, it was his belief that the local Center could increase their efforts to obtain other sources of the local matching funds. Mr. Hargrove stated that the local Center could definitely control the line of what was required of the County Commission.

Commr. Smoak stated that he felt the Board should first consider whether or not they were willing to accept the opinion received by the Attorney General's Office regarding the matching funds. Commr. Smoak stated that some resolution should be made concerning the matching figures between Lake and Sumter Counties relating the the services of these two Counties.

Commr. Smoak stated that it was his feeling that a dollar figure be included in the Resolution to limit the amount of

funding from the County Commission.

The County Attorney stated that although the Board entered into a local agreement with the Mental Health Board concerning the dollar amount limitation of the Board's participation they would still be bound by the Statutory requirements regarding matching funds.

Mr. Hargrove stated for the Board's information that the local Mental Health Board was not bound to spend all monies allocated by the State.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Resolution be adopted including an amendment that the Lake County Board of County Commissioners limit the financial responsibility of this Board not to exceed $100,000.00.

PUBLIC WORKS AGENDA CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

Michael Willett, Director of Development and Public Works, stated that a request had been received from Mr. Danny Miley regarding the possibility of leasing a piece of land from the County for use as a volunteer fire department. Mr. Willett stated a piece of land had been located near the Lake County Agricultural Center that would be available.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney's Office to draw a lease for the property designated by the Public Works Department (approximately 100' x 150'). Included in the lease was the agreement that the volunteer fire department would maintain the land and the fire coverage of the County buildings in that area. Included in the motion was the stipulation that a State Charter first be obtained creating the fire department to be named the Woodlea Volunteer Fire Department.

Mr. Miley stated that the proper zoning would have to be obtained for a fire department and was informed that this would come before the Board at a later date.

ACCOUNTS ALLOWED

Mr. David Tabor, Lake County Council on Aging, addressed the Board concerning the recently constructed Senior Citizen Center in Leesburg. Mike Willett explained to the Board that the

previously approved in-kind services approved by the Board for work on the Senior Citizens Center did not meet the commitment of the Board as the State would not allow supervisory time as in- kind services. After considerable discussion Mr. Tabor explained that $4,500 previously designated to be used as in-kind services by County staff was not allowed by the State in the grant and those funds had been expended by the Council on Aging for services needed by the contractor. Mr. Tabor stated that the Board had approved a Resolution approving a local match in order that a grant might be obtained. Mr. Tabor stated that to date the County was $4,500 short of the local matching funds due to restrictions placed on the grant concerning supervisory time not being allowed to be considered as in-kind services. Mr. Willett stated that this problem had been brought before the Board at an earlier date that the staff was having a problem in meeting the in-kind services dollar portion committed in the matching funds.

PUBLIC HEARING/ORDINANCES

The Chairman announced that the advertised Public Hearing scheduled for 10:00 a.m. to consider an Ordinance regarding mandatory special assessments would be postponed until 10:15 a.m.

ACCOUNTS ALLOWED (Continued)

Commr. Carson questioned the legality of the County Commission appropriating additional funds in this manner and Mr. Ford stated there should be no problem as the County had the authority to give the original monies and allowing more money would be legal.

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved $4,500 to be allowed in lieu of in-kind services to the Lake County Council on Aging and the funds be transferred from Contigency.

PUBLIC WORKS/ZONING

Mike Willett supplied to the Board a listing of the County's Zoning classifications and the sizes of the houses that are required in each classification. Commr. Carson stated concern over the requirement of 2,100 square feet under the RE Zoning District and 1,800 square feet under the ER Zoning District in opposition received by Commr. Carson regarding this house size restriction in the present housing market.

Commr. Deems stated that the Board's intent at the time the Zoning Districts of RE and ER were created was to keep the house sizes larger in these particular zoning districts.

Commr. Carson stated the purpose of bringing this before the Board was to consider setting 1,500 square feet as the maximum house size required in any zoning district in Lake County.

Commr. Smoak stated that it was his feeling that density is a major factor in the allowable number of units per acre in these two Zoning Districts and that the Board should take this item under consideration.

Steve Richey, Attorney, addressed the Board concerning the house size requirements in the two Zoning Districts previously discussed and stated in the present market the 3/4 acre lots with a 2,100 square foot house is not economically feasible. Mr. Richey stated his feelings that the Board should consider this due to the present economic conditions.

No action was taken on this item at this time.

PUBLIC HEARING/ORDINANCES

The Chairman announced that the previously postponed advertised time has arrived to consider an advertised Ordinance providing for the paving of roads and the special assessment of abutting property owners by Resolution.

It was noted that the proper proof of publication was on hand as it had appeared in the March 25 and April 9, 1982, editions of the Sentinel St., Little Sentinel.

Michael Willett, Director of Development and Public Works, addressed the audience to explain the background of this Ordinance. Mr. Willett stated that the 75% property owner signature requirement as well as requirements of the testing of the roads and pricing of projects of this nature was prohibitive to the program and progress of the projects was stalled. Mr. Willett stated that the mandatory assessment Ordinance gives the Board of County Commissioners the authority to impose lien assessments on property to improve unmaintained roads and bring them up to clay road standards or paved road standards without the 75% property owner petition.

Mr . Willett stated that the percentage established in the Public Works Policy Manual and the staff recommendation to the Board was to use a 55% percent figure to initiate assessment proceedings. Chris Ford informed the Board that the Bill that was before the Legislature changing the percentage to 55% did not pass and stated that the bill did not address the possibility of mandatory assessments.

Chris Ford informed the Board and those present in the audience that there were two changes in the third draft of this Ordinance that had been requested by the Board in earlier meetings. Mr. Ford stated that the first change was that the Ordinance allow the Board to act without setting up a separate board for the road improvements. Mr. Ford stated that the second change was deleting a portion of the Ordinance requiring persons objecting to file a written objection and the persons objecting will be able to come before the Board and publicly announce their objections regarding the assessments.

Mr. Willett questioned whether a firm estimate would have to be given on the preliminary assessment roll and Mr. Ford stated that although an estimate would be required on the preliminary assessment roll, these figures would not be binding to either the County nor the property owners and that final figures would be available at the hearings for the final assessment roll.

Commr. Windram questioned whether the intent of a portion of Section 2, Page 1 of the Ordinance stating "or specifically benefited by the assessment plat hereinafter provided for" was to possibly assess persons not owning property on the road but would be using the improved roadway. Chris Ford stated that this was not the intent but this portion was intended to include irregularly sized lots or lots that only have a small portion of frontage on the road to be improved but are equally benefited by the improvements.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to amend the proposed Ordinance by changing Section 2 on Page 1 of the proposed Ordinance to read as follows:

"Section 2. Resolution Required to Declare Special Asssessments - When the Board may determine to make any public improvement authorized by Section 1 and defray the whole or any part of the cost thereof by special assessment, the Board shall so declare by resolution stating the nature of the proposed improvement, designating the road or roads to be improved and stating the portion of the cost to be paid by special assessment. The resolution shall also designate the lands upon which the special assessments shall be levied and in describing said lands it shall be sufficient to describe them as "all lots and lands adjoining and contiguous or bounding and abutting upon such improvements specially benefited by the assessment plat hereinafter provided for." The resolution shall also state the total estimated cost of the improvement."

Mr. Willett stated that in meeting with the area banks

concerning the financing of the assessments that the banks had shown concern over the number of years set out in Section 11, Subsection 3a, being within ten years and stated a preference of not more than seven years. Chris Ford stated that he could see no problems with changing these portions of the proposed Ordinance to read seven years. Commr. Smoak suggested that the wording be changed to a maximum of ten years as not to eliminate the possibility of over seven years.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to amend the proposed Ordinance on those portions regarding redemption of bonds to read "not to exceed a maximum of ten (10) years" and directed the County Attorney's Office to amend said Ordinance in all areas addressing the redemption of bonds.

Commr. Burhans questioned whether or not the banks had shown an interest in financing the clay road improvements and Mr. Willett stated that the banks did not have any interest in the clay roads and that the County was going to try to finance these improvements.

Mr. Robert L. Wilson, Finance Director, addressed the Board concerning Section 17 of the proposed Ordinance regarding the County pledging for the payment of the principal of and interest on any bonds issued under the provisions of this Ordinance any funds of the County legally available for the purpose. Mr. Wilson expressed concern over the portion of this Section stating the pledging of County funds. Mr. Ford stated that the portion of Section 17 stated only those funds legally available to the County to pledge for the payment of principal and interest on bonds issued. Mr. Ford noted that this Section did not pledge the full faith and credit of the County but only such funds that are legal to pledge for that purpose.

Mr. Ford stated it was his opinion that this portion of the proposed Ordinance remain intact in order to give the Board the flexibility of having a bank fund to draw upon for a bond issue to make the necessary improvements to the roads. Commr. Smoak stated that with this provision in the Ordinance the County would be able to utilize the proposed one cent additional gas tax, if approved, for the special assessments.

Mr. Wilson also stated concern over Section 14 of the proposed Ordinance allowing a bank or trustee to hold and apply funds to the purposes of this Ordinance. Mr. Wilson stated that the County policy had been to try and consolidate monies and this Section seemed to be in conflict with this policy. It was explained to Mr. Wilson that this Section gave the County the flexibility to designate the agency to hold and apply funds; however, the Board could make the decision to authorize the County Finance Department to administer the funds. Mr. Ford stated that each of the separate assessments would be done by individual Resolution outlining the specific areas of responsibilities.

Mr. Wilson stated that his suggestion that the Finance Department administer the collection rather than the Tax Collector's Office. Mr. Watkins stated that on page 3, Section 8 of the proposed Ordinance that the word "Director" be changed to "Department".

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to amend the proposed Ordinance by changing that portion of the proposed Ordinance to read as follows:

"Section 8 . Interest; Method of Payment Assessments made hereunder shall become due and payable at the office of the Finance Department thirty (30) days after the final determination of the special assessments as hereinbefore provided."

Commr. Smoak questioned whether or not the flexibility of allowing banks to be the collection agency should be included in the Ordinance. Commr. Deems questioned whether or not the County was assuming the foreclosure proceedings. Mr. Ford stated that as the Ordinance was now written it would most likely be the County assuming the foreclosure proceedings. Mr. Ford stated that in most cases foreclosure was not necessary due to estate proceedings or due to sale of the property necessitating the payment of the lien. Commr. Deems stated his opinion that the banks should be responsible for the foreclosing. Commr. Deems stated that the banks are better experienced in this area and did not feel this responsibility should be removed from the banks. Further discussion occurred regarding the designation of the collection agency.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to amend the proposed Ordinance with an additional explanatory sentence amending Section 8, by the addition of the following sentence:

"Any annual payments shall be paid pursuant to Resolution

by the Board of County Commissioners which shall designate

where payment is to be made for Special Assessments."

Mr. Ford stated that by adding this sentence it would not change the procedure that persons wishing to pay the full assess- ent at one time would pay directly to the Clerk's Finance Department.

Commr. Deems stated that if the banks were to be paid interest on these loans they should not be removed of all exposure and work connected thereto.

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved to amend Section 9 of the proposed Ordinance regarding collection of assessments as follows:

"Collection of such assessments with such interest and penalties, and with a reasonable attorney's fee, may be made by the County or lending institution by proceedings in a Court of equity to foreclose the lien of the assessments as a lien for mortgages is, or may be foreclosed under the Laws of the State".

At this time the Chairman asked if anyone in the audience wished to address the Board concerning the proposed Ordinance.

Janice Kelly, Jackson Road, addressed the Board concerning Jackson Road in Silver Lake. Ms. Kelly stated that this road had been deeded to the County; however, was not County maintained and the road was in terrible condition. Ms. Kelly inquired what the citizens could do to alleviate this problem and if the Ordinance up for consideration would open any avenues to repair this road. Ms. Kelly was informed that this road could be considered for a special assessment in the future and if there was an immediate need, the residents should contact the Public Works Department regarding a one-time maintenance agreement which could ultimately reduce the cost of the assessment.

Mrs. Gordon, Boys Ranch Road, Umatilla, addressed the Board asking if this would give the County an avenue to pave Boys Ranch Road in Umatilla, or that portion not already paved. Mrs. Gordon was informed that the problem on this particular road was not one of the road not being County maintained but that the County has been unable to secure the necessary right-of-way to pave the road. Mrs. Gordon stated that the portion of the road that is presently paved is being washed out down to the portion that is not paved and the unpaved portion is frequently impassable.

Mr. Cockes of Jackson Road addressed the Board and expressed concern regarding one particular resident on Jackson Road who owned a large portion of frontage on this particular road and the hardship it would place on this resident should the County assess on a front footage basis. Commr. Smoak stated that Public Hearings would be held prior to any type of assessments or improvements in order to express any concerns of this nature on a particular project and that various avenues would be available to relieve this sort of problems.

Mr. Kelly addressed the Board stating that he was also a resident of Jackson Road and the resident Mr. Cockes was referring to was also a concern of other citizens on this particular road and questioned whether she could be assessed for just one share and the remainder divided among the other residents of the street. Mike Willett stated that the Ordinance was flexible and that the property owners could work out the individual problems on each particular road.

Mr. Charles Fulton addressed the Board and questioned whether or not an Ordinance had been adopted whereby the County would pay one-third of the cost of improvements to the roads. Mr. Willett informed Mr. Fulton that a policy had been established that the County would contribute 33% to bring a paved road up to County paved road standards. Mr. Fulton expressed thanks to the Board for the opportunity the residents of Jackson Road were given to speak with the Board and have their questions answered.

Mr. Steve Richey, Attorney representing the Greater Sunnyside Property Owners Association, stated that the cities have had the authority for a number of years to do what the proposed Ordinance was giving the County the authority to do and he felt it was common sense to put the County on equal par with the cities. Mr. Richey stated that the property owners association applauded the Ordinance and felt it was long overdue.

Mr. Vanderford, Shockley Hills, addressed the Board concerning a statement made by Mr. Cockes in which he felt his road came into the County in 1961, and Mr. Vanderford felt that his road was a similar instance and questioned the Board concerning why the roads in Shockley Hills had been denied to be taken in by the County for maintenance and certain roads that were taken into the County maintenance system during the past year. Mr. Vanderford questioned the criteria the County required to accept a road into the County maintenance system.

Commr . Smoak stated that the Ordinance on the floor at the present time did not address any particular road and the Ordinance was specific to increasing the visibility and participation of the County in upgrading the road system.

Mr. Vanderford stated that this Ordinance was leaning toward a metro form of government. Commr. Carson stated that this

Ordinance did not lean toward the metro type of government but that cities everywhere have in their Charters mandatory assessment powers. Commr. Carson explained that counties do not have such powers unless they pass Ordinances giving themselves such powers. Commr. Carson stated that this Ordinance was in no way a step toward metro but is a solution to a problem existing in the County.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved to place the Ordinance on the floor for its first and final reading by title only:

Mr. Watkins read the following title:

AN ORDINANCE PROVIDING FOR THE PAVING OF ROADS AND THE

SPECIAL ASSESSMENT OF ABUTTING PROPERTY OWNERS BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING THAT THE SPECIAL ASSESSMENT SHALL CONSTITUTE A LIEN UPON THE PROPERTY ASSESSED; PROVIDING FOR NOTICE, HEARINGS AND REVIEW; PROVIDING FOR THE ISSUANCE OF BONDS; PROVIDING A SEVERANCE CLAUSE: PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved adoption of the amended Ordinance as read by title only on its first and final reading.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS/ROADS-COUNTY & STATE

Mike Willett addressed the Board and stated that Mr. Paul Hanna was present to discuss with the Board the possibility of paving Shirley Shores Road with his private funds and the County reimburse him for the portion allocated for the paving of this road presently in a County Road Project. Mr. Hanna presented his plans for paving Shirley Shores Road to the Board for their consideration. Mr. Hanna stated that he wished to include in the road an island in the center.

Mr. Willett stated he saw no problems with Mr. Hanna's plans or with deleting this road from the County paving project previously bid and awarded. Mr. Willett stated additional roads had been placed on the contract and he could foresee no problems with deleting this road from the contract.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the County Attorney and the Public Works Department to work with Mr. Hanna regarding a contract wherein Mr. Hanna would pave the road with his funds and be reimbursed by the County for their predetermined contracted amount that would have been spent on this road.

RECESS AND REASSEMBLY

At 12:20 P.M. the Chairman announced that the meeting would recess for lunch with each Commissioner lunching individually today and the meeting would reconvene at 2:00 P.M. for Rezoning.

REZONING

PUBLIC HEARING #20-82-3 C-l to RM/H. D. Robuck, Jr.

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 approved rezoning from C-l (Rural or Tourist Commercial) to RM (Mobile Home Residential).

PUBLIC HEARING #38-82-4 MP To LM/John M. Lapierre

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 rezoning from MP (Planned Industrial) to LM (light Manufacturing, Warehousing, Research or Professional).

PUBLIC HEARING #34-82-4 C-l to C-2/Jack Prickett

Mr. Cecil Lundy addressed the Board to question whether the lots that he was interested in were in the rezoning request. Mr. Jerry Grief, Planning and Zoning, stated that the lots of interest to Mr. Lundy were not in the request for rezoning.

Mrs. Marcella Lundy addressed the Board to question whether or not the owners would be able to park used cars on the lots facing Lake Saunders Drive and Mr. Jerry Sexton, Planning Department, stated that cars could not be parked in the area in question.

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 approved rezoning from C- (Rura1 or Tourist Commercial) to C-2 (Community Commercial).

PUBLIC HEARING #35-82-4 RR to R-1-7/0. H. Roberts

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 approved rezoning from RR (Rural Residential) to R-l-7 (Urban Residential).

PUBLIC HEARING #28-82-4 A to R-l-15/Herston L. Brown

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 the recommendation of the Planning and Zoning Commission and denied the rezoning from A (Agricultural) to R-1-15 (Residential Estates).

PUBLIC HEARING #23-82-4 C-l to CP/Carl Ludecke

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 C-l (Rural or Tourist Commercial) to CP (Planned Commercial).

PUBLIC HEARING #39-82-4 A to RR/Stephen Kanar

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 approved the rezoning from A (Agricultural) to RR (Rural Residential).

PUBLIC HEARING #36-82-5 RR to A/John S. Counts by Grace P.

Guenther

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 rezoning from RR (Rural Residential) to A (Agricultural).

PUBLIC HEARING #37-82-5 RR to A/Richard Rodgers by Grace P.

Guenther

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 rezoning from RR (Rural Residential) to A (Agricultural).

PUBLIC HEARING X33-82-5 R-l-7 to RR/Robert D. Spears, Sr.

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 rezoning from

R-l-7 (Urban Residential) to RR (Rural Residential).

PUBLIC HEARING #22-82-l R-l-7 to A/Larry R. Sutton

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 Commission and approved the rezoning from R- l-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING #31-82-l R-l-7 to R-l-z/Charles L. Carpenter

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

Commr. Deems questioned whether or not this was in conflict with the original sketch plan for Bassville Park area. Mike Willett stated it was in conflict and it was the recommendation of the Department that this request be denied.

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

PUBLIC HEARING CUP #814-l in R-l-7/Haines Creek Baptist

Church

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

Jerry Grief informed the Board the request was for a church and the amendment of the Planning and Zoning Commission was that construction begin within twelve (12) months.

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 Conditional Use Permit for a church in R-l-7 (Urban Residential) as amended by the Planning and Zoning Commission.

PUBLIC HEARING #25-82-l RR to C-2/Robert P. Nappi

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 Commission and denied the request of rezoning from RR (Rural Residential) to C-2 (Community Commercial).

PUBLIC HEARING #32-82-l RR to ER/John D. O'Kelley

Jerry Grief stated that the Department had received nine letters for the rezoning and six letters against the rezoning. Commr. Carson stated that he held six letters in opposition of the rezoning.

Steve Richey, Attorney representing Mr. O'Kelley, addressed the Board and respectfully requested that this case be continued for thirty (30) days in order that he might meet with the various opponents of this rezoning in order to try and reach an agreement with those in opposition. Mr. Richey stated that he had also drafted some documents that he had not had an opportunity to discuss with the property owners that might have some bearing on this case.

Chris Ford stated the Board had the legal authority to

postpone this case if they so voted to do so.

RECESS AND REASSEMBLY

The Chairman announced in order to give the people present in the audience regarding the above case a chance to speak, the meeting would adjourn for five (5) minutes in order that the spokesman could receive the opinion of the majority of those present.

PUBLIC HEARING #32-82-l RR to ER/John D. O'Kelley

The Chairman called the meeting back to Order at 2:30 P.M.

and recognized Mr. Warren who introduced Mr. David Mathews, Jr. to the Board as spokesman for the group of residents.

Mr. Mathews, adjacent property owner, addressed the Board and stated that as spokesman for the group of property owners present those present had voted to recommend to the Board that this item not be postponed as they felt Mr. Richey and Mr. O'Kelley had been given sufficient time to meet with the property owners and a postponement would result in the "wearing down" of those in opposition.

Mr. Richey addressed the Board and stated that it was his feeling that some sort of agreement could be worked out should he be given the opportunity to meet with the property owners in opposition and requested that the Board consider this in their consideration of a postponement.

Commr. Windram suggested the possibility of postponing this case until later in the day in order that Mr. Richey could speak with the property owners regarding a thirty day postponement of this case.

Chris Ford, on the direction of Commr. Carson, explained to those present that should the petitioner offer a solution of placing a private convenant on the property that met with their approval that the County would not be in the position to enforce any type of private convenant put on the land and would have to enforce the zoning placed on the land by the Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to remove this item from the Agenda at this time and place it on the end of the Agenda in order for Mr. Richey to meet with the property owners present regarding this case and come back before the Board later in the day.

PUBLIC HEARING CUP #689A-1 in M-l/John C. Adams

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

Commr. Smoak questioned the staff regarding the limited two

year extension on the request for a mobile home caretaker's residence rather than a longer extension consistent with the Mobile Home Bond. Commr. Smoak was informed that the petitioner was planning on building a conventional dwelling in the near future.

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 Conditional Use Permit in M-l (Heavy Industiral) for a caretaker's residence.

PUBLIC HEARING #40-82-2 A to RR/Steve Mills

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

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

PUBLIC HEARING #26-82-2 RR to A/Charles Hudson

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 Commission and approved the rezoning from RR

(Rural Residential) to A (Agricultural).

PUBLIC HEARING #29-82-2 RP to C-l/Edward Bergman

Mr. Walter Berry, Montclair, addressed the Board in opposition of the rezoning request. Mr. Berry stated that he was not in opposition of the particular use of the property for a convenience store; however, Mr. Berry stated concern that rezoning to Commercial would allow other uses at a later date, including liquor stores and with the property being close to a school ground he would oppose such use.

Mr. Bergman addressed the Board stating that the purpose of

the C-l rezoning was to provide light retail services and Mr.

Bergman stated a lack of retail services in the immediate vicinity.

Commr. Smoak suggested that consideration be given by Mr.

Bergman for CP zoning which would allow a convenience store.

Mr. Bergman stated that notices had been posted for a number

of weeks and approved by the Planning and Zoning Commission and

there was only one person in opposition of the rezoning request.

Commr. Deems stated that Mr. Berry had brought a consideration

to the attention of the Board that it would be possible with the

C-l zoning approved in this area that an undesirable use could

occur in the vicinity of a school.

After further discussion Mr. Bergman stated that he would

amend his request from C-l rezoning to CP (Planned Commercial

District). Mr. Bergman stated opposition to one individual being able to change what had taken place up to this point. Commr.

Deems stated that Mr. Berry had brought up a valid consideration

of the Board in that the schoolhouse was in the vicinity of this

rezoning request.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the amended request of Mr. Bergman to rezone from RP (Multiple Family Residential- Professional) to CP (Planned Commercial District).

PUBLIC HEARING #24-82-2 R-l-7 to A/Earl M. Blackmon, Jr.

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 Commission and approved rezoning from R-l-7 (Urban Residential) to A (Agricultural).

PUBLIC HEARING #27-82-2 R-1-7/C-l to RMRP/Charles J. Anderson

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 rezoning from R- l-7 (Urban Residential) and C-l (Rural or Tourist Commercial) to RMRP (Mobile Home Rental Park Residential).

PUBLIC HEARING CUP #815-3/0rville C. Bickel, Jr.

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

Mr. Grief informed the Board that this tower was already constructed and the persons constructing the tower were not aware a CUP was required.

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 CUP in A (Agricultural) for a radio tower.

Discussion on the above case occurred regarding this type of

situation and Commr. Smoak requested that the staff draw up instructions and guidelines for the erection of towers in Lake County that exceed fifty feet above ground level and report back to the Board at a later date.

Commr. Smoak requested that the record reflect that he is a property owner on Sugarloaf Mountain Road.

PUBLIC HEARING #30-82-3 RR to CP/South Lake Fire District

Members of the South Lake Fire District Board were present to answer any questions of 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 rezoning request from RR (Rural Residential) to CP (Planned Commercial).

PUBLIC HEARING CUP #135-5 Revocation/James G. Hull

Mr. Ray Biernacki, Attorney representing the Astor Forest Property Owners Association, addressed the Board and stated that the property owners in the area had many questions concerning the revocation of the CUP and improvements that were planned should the property be used for building.

Mr. Bill Brookfield, representing the petitioner, addressed the Board stating that by revocation of the CUP underlying lots of record would be grandfathered in and that improvements were planned should the lots be developed.

The Board expressed concern over the conditions that would be exposed by revocation of the CUP without setting forth exactly what would be underlying. Mr. Brookfield stated that it was his understanding that the Planning and Zoning Commission had

recommended approval of the revocation of the CUP recognizing the underlying lots of record.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board postponed this case for thirty (30) days in order that Mr. Brookfield could work with the staff regarding the underlying lots of record and the plans for these lots and bring this case back before the Board on May 11, 1982, at 2:00 P.M. or as soon thereafter as possible.

Mr. Biernacki addressed the Board and stated that as representative of the property owners that all agreements and improvements and restrictions be tied to the revocation of the Conditional Use Permit to clear the objections and concerns of the residents regarding development of this area.

PUBLIC HEARING CUP#243-2 in A/P & Z Staff

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

On a notion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the revocation of the CUP in A (Agricultural) for a hone for the aged.

PUBLIC HEARING CUP #306-2 in R-1-5/P & Z Staff

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 revocation of the CUP in R-l-5 (Mobile or Mixed Residential) for a mobile home.

PUBLIC HEARING CUP #238-5 C-2/P & Z Staff

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 revocation of the CUP in C-2 (Community Commercial) for a child care center.

PUBLIC HEARING CUP#241-4 C-l/P & Z Staff

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 revocation of the CUP in C-l (Rural or Tourist Commercial) for a mobile home.

PUBLIC HEARING #32-82-l RR to ER/John D. O'Kelley

The Chairman announced that the previously postponed case would now be heard by the Board.

Mr. David Mathews, Jr., addressed the Board as spokesman for the area property owners and stated that after conference just held between Mr. Richey and the property owners, Mr. Mathews respectfully withdrew the objection to the thirty day postponement of this case.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board postponed Case #32-82-l for thirty (30) days and informed those present that this case would come before the Board again as the second case on May 11, 1982, at 2:00 P.M. or as soon thereafter as possible.

RECESS AND REASSEMBLY

The Chairman announced that the meeting would recess until 4:15 P.M.

PUBLIC WORKS AGENDA

BONDS-MOBILE HOME

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the cancellation of the Mobile Home Bond for Roy Crawford upon completion of the

conventional construction dwelling unit and removal of the mobile home.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for Jerry Sexton, Planning and Zoning Coordinator, to attend the 23rd annual Planning and Zoning Conference, Florida International University in Tampa on May 13 and 14, 1982, at an estimated cost of $114,00.

RESOLUTIONS/ROADS-COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously the Board authorized the Chairman and Clerk to sign the Resolution requested by the City of Leesburg and the Department of Transportation regarding the realignment of SR 44.

MUNICIPALITIES/CLAY PITS/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request of the Town of Lady Lake for three loads of clay to be used on the town's Little League Ball Field.

BUILDING DEPARTMENT/COUNTY POLICY/PUBLIC WORKS

Discussion occurred regarding the request of the Public Works Department to allow a three day waiting period for building permits on lots of record. Mr. Willett stated that extra time was needed by staff to research these requests for permits since the Ordinance had been passed regarding lots of record.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to allow a three day waiting period on building permits on lots of record only.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROADS

COUNTY & STATE

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the final payment on Project #14-81, C-455, to Superior Asphalt in the amount of $lO,OOO.OO.

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of April 6, 1982, as submitted.

PERSONNEL/NURSING HOME/COUNTY EMPLOYEES

Mr. Glenn Timmons, Personnel Director, addressed the Board with a request from Lonnie Strickland, Nursing Home Administrator, for a merit increase for Ms. Easterling, R.N. from $14,560 to $15,60O/annually. Mr. Timmons stated to the Board that he approved of this request.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the merit increase for Ms. Easterling as submitted by the Personnel Department.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved a merit increase for S.

Gooden, Director of Nurses, from $16,000 to $17,425, as submitted by Mr. Timmons.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved a merit increase for D. Helzer, Activity Director at Lake Memorial Nursing Home, from $8,100 to $9,750 as submitted by Mr. Timmons.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the deletion of a position of Relief L.P.N. from the Nursing Home and the addition of the position of parttime Nurses Aide at an hourly salary of $3.48/hour and a total expenditure of $5,220, with the item budgeted at $6,600.

CETA/PERSONNEL DEPARTMENT/COUNTY EMPLOYEES

Mr. Glenn Timmons, Personnel Director, addressed the Board concerning requests of the CETA Department to classify three new positions previously approved by the Board.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following new positions and reclassifications as listed below:

New Positions

Senior Counselor (1) - Salary at $11,500

Counselor (1) - Salary at $10,800

Public Information Specialist (1) - Salary at $10,500

Title and/or Duty Changes

Title VII Coordinator at $12,500 to Assistant Operations Coordinator at a salary of $12,500.

Counselor (1) at $10,800 to Counselor (1) at $10,800.

Mr. Timmons stated that an additional recommendation concerned the Board's authorization for the CETA Director be authorized a 10% plus or minus variance on each of the above listed salaries.

Commr. Carson stated that it had been the Board's policy in the past to bring before the Board any person to be hired over the set salary. Mike Willett informed the Board that he had discussed this with Mr. Timmons and the request to authorize department heads the 10% descretionary hiring salary and this request would be incorporated into the proposed pay plan polcies to be brought before the Board at a later date.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board directed that department heads bring before the Board requests to hire personnel at a higher salary than those approved by the Board.

COUNTY POLICY/PERSONNEL DEPARTMENT/COUNTY EMPLOYEES

Mr. Glenn Timmons, Personnel Director, addressed the Board concerning the proposed pay plan submitted to the Commissioners earlier. Discussion occurred regarding the proposed pay plan and the Board requested that this item be postponed and rescheduled for a later meeting to allow the Board time to thoroughly review the proposed pay plan and policies.

PURCHASING AGENDA

ACCOUNTS ALLOWED/PURCHASING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the travel request for Norma Showley to attend the Purchasing Manager's Association

Meeting in Jacksonville at an estimated cost of $200.00.

ACCOUNTS ALLOWED/MOSQUITO CONTROL/PURCHASING DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase a Datsun minitruck for the Mosquito Control Department at State Contract price of $5,820.00, currently budgeted.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a replacement water cooler for Mosquito Control at a cost of $328.99.

ACCOUNTS ALLOWED/POLLUTION CONTROL/PURCHASING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved to purchase a replacement aluminum work boat for the Pollution Control Department at a cost of $388.00 from equipment monies available.

ACCOUNTS ALLOWED/PURCHASING DEPARTMENT/SOIL CONSERVATION

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of a IBM Selectric III typewriter for Soil Conservation at a cost of $879.95, to be transferred from salaries.

ACCOUNTS ALLOWED/NURSING HOME/PURCHASING DEPARTMENT

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the purchase of four geriatric chairs for the Nursing Center from the low bidder, Kelco Supply, at a cost of $581.54, with funds coming from donations to the Nursing Center (donations received in the amount of $582.90).

ACCOUNTS ALLOWED/PUBLIC WORKS DEPT./PURCHASING DEPT.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to seal bid for a demonstrator model or used Vibratory Soil Compactor for the Public Works Department.

AUDITS/COMMITTEES

Mr. Watkins read a memo from the Audit Selection Committee recommending Brooks, Brown & Company/Colley Trumball & Howell, Coopers & Lybrand and May Zima and Company as their selections for the Board's consideration in contracting for the Lake County Audit and a request that the Board select a meeting day in May to interview each of the firms. Mr. Watkins stated it was his recommendation that one hour per firm be allowed for the interviews.

Commr .Carson stated that it was his feeling that each one of the firms selected was qualified to complete the audit and requested that bids be received by the Clerk on the audit from the three named firms and the bids be brought before the Board at the first meeting in May.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the Clerk to correspond with the three firms allowing fifteen minutes for each firm to be present when the Board reviewed the bids. Included in the motion was the request that the County Attorney research the Statutory limitations of negotiations with the firms and that the Clerk correspond accordingly.

CLERK/COMMUNICATION/COURTS/ACCOUNTS ALLOWED

Mr. Watkins reported that the Department of Highway Safety and Motor Vehicles and the Courts have been working toward a goal whereby the County Courts can have direct access to Florida driver history records. The Department of Highway Safety has received a federal grant to assist in the purchase of equipment to give Courts access to their system. Mr. Watkins referred to a memorandum distributed to the Board with the amount of the grant and the County's portion should the Board elect to expend the funds to install this equipment. Mr. Watkins stated that the County costs would be $3,000.00 and a monthly cost of $168.00 for maintenance to install an on-line computer to these records.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the expenditure of funds in the established amounts set forth above to install an on-line computer terminal to tie into the records of the Department of Highway Safety and Motor Vehicles.

BUDGETS/COMMISSIONERS

Mr. Watkins read a memorandum drafted to all the County Department Heads requesting their tentative budgets be submitted by May 26, 1982, excluding salaries, and requesting that the Department Heads meet with their liaison Commissioner prior to the budget being submitted. The Board authorized the Clerk to send the memorandum to each of the Department Heads.

BONDS-CONTRACTOR

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds and Cancellations:

1321-21 Kenneth Dawson (General)

1494-82 Larry Nelson d/b/a Nelson Electric (Electrical)

1845-82 William H. Lighthouse d/b/a Bill Lighthouse Electric

3040-82 Mark A. Montgomery d/b/a Montgomery Air Cond. Inc.

Cancellations

1917-80 McDonald Electrical & Repair Service, Inc.

LICENSES AND PERMITS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following Gun Permits and additions to Gun Permits:

Horace L. Webb - Renewal Pearl DeRojas - Renewal

Agustin DeRojas - Renewal Ronald L. Whitney - Renewal

John R. Jones - Renewal Julius M. Jones - Renewal

James T. Glenn - Renewal James T. Glenn - Renewal

Martin Sopocy - Renewal Charles Knowles - Renewal

David Quattlebaum - Renewal Clarence Williams - Renewal

Joseph Mincy - Renewal Dale McClelland - Renewal

Sherry R. Puckett - Renewal Charles Haines - Renewal

Edward H. Riddle - Renewal

Additions to Gun Permits

George Brown, Jr. Alvis Wayne Proctor

REPORTS



On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the Monthly Status Report from Youth Programs, Inc., which covers the period from March 1, through March 31, 1982.

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

1. March 26, 1982, Distribution of Revenue, Traffic Criminal Cases in the amount of $7,820.64.

2. March 26, 1982, Distribution of Revenue, Traffic Criminal Cases in the amount of $3,014.33.

3. Annual Report from the State of Florida, Hospital Cost Containment Board for the year 1981/82.



CHECKS RECEIVED/REPORTS

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of Check #448 in the amount of $23,021.24 from James C. Watkins, Clerk covering unclaimed excess proceeds due landowners on application for tax deeds.

CLERK/COURTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman and Clerk to sign the satisfaction of judgment for David Alan Nachbaur/Hugo Nachbaur, in the amount of $50.00, Juvenile Division.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the purchase of two, four wheel drive vehicles in the amount of $20,000.00 for the Sheriff's Department to patrol forty one (41) grass landing sites within the County in search of illegal drug related cases with funds from the Law Enforcement Trust Fund (D6 Airplane Account), with the stipulation sufficient monies are available in the account and the purchase is in accordance with Section 932.704 (3) (a), Florida Statutes (1981).

FIRE DISTRICTS/RESOLUTIONS/ELECTIONS

Commr. Windram stated that a request had been received from the Mt. Plymouth Fire District to place on the November, 1982 Ballot an increase in the allowable millage rate for the district from one to two mills.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board denied the request of the Mt. Plymouth Fire District Commissioners to place Resolution No. 809 of the Mt. Plymouth Fire Control District on the November ballot.

Commr. Smoak explained that Lake County had set up the Ordinances in each of these fire districts with the Ordinances containing a specific millage rate with the districts set up prior to the passage of the Truth in Millage Bill passed by the State of Florida and effectively by approving this request, the Board would be agreeing that a particular minority of taxpayers would have the right to mandate a majority of the taxpayers regarding payment of these taxes. In addition, people not living in the geographic boundaries of this fire district are not allowed to vote on this issue but are required to participate in the payment of taxes should it be passed.

COMMUNICATIONS/MUNICIPALITIES/LICENSES & PERMITS

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request of Mr. E. C. Vickers for permission to obtain a permit for a fireworks display to be held at Mission Inn at Howey in the Hills on May 3, 1982, providing all legal requirements were met by Mr. Vickers and authorized the County Attorney to draw up the necessary permit.

It was noted that a letter had been received from Sheriff Griffin approving the display and requesting that the fire marshal1 in charge of that area be informed.

CONTRACTS, LEASES & AGREEMENTS/PURCHASING/MENTAL HEALTH

Commr. Smoak stated that a request had been received from Lake Sumter Community Mental Health that they be authorized to participate in the County Purchasing Department.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the County Attorney to draft the necessary Interlocal Agreement with Lake Sumter Community Mental Health provided that they meet all the Statutory requirements allowing participation in the County Purchasing Department.

COMMISSIONERS

Commr. Burhans left the meeting at approximately 5:lO P.M.

ACCOUNTS ALLOWED/MOSQUITO CONTROL

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the travel request for two employees of the Mosquito Control Department to attend an identification course May 17-19, 1982, at an estimated cost of $125.00 per person.

ANIMAL CONTROL/CLERK/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney to draft a Resolution of Appreciation to the volunteer worker at the Animal Control Shelter that has contributed over 1,000 hours of her time to the Shelter. Included in the motion was authorization for the County Attorney to draft a Resolution of Appreciation to Patricia Shirah, Secretary in the Board of County Commissioners' Office.

ANIMAL CONTROL SHELTER

Commr. Smoak stated that Frankie Thorpe had requested travel to Atlanta to attend a seminar regarding methods of disposal of animals. Commr. Smoak stated that this would be brought back before the Board when the official request was received.

AUDITS/CETA/COUNTY ATTORNEY

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board authorized the County Attorney and the CETA Director to continue the appeal of the 1979-80 CETA Audit in order to gain allowances not recognized in said audit.

There being no further business to be brought before the Board, the meeting adjourned at 5:25 P.M.

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK