A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 14, 1982

The Lake County Board of County Commissioners met in regular session on Tuesday, September 14, 1982, at 9:00 A.M. in the Board of County Commissioners Meeting Room, Tavares, Florida. Present at the meeting were the following: James R. Carson, Jr., Chairman; Thomas J. Windram; Claude Smoak; C. A. "Lex" Deems; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; and Mary C. Grover, Secretary.

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

MINUTES

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the Minutes of September 7, 1982, as amended and corrected.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Special Minutes of September 7, 1982, as submitted.

RESOLUTIONS/PUBLIC HEALTH

Discussion occurred regarding a draft resolution for the straw ballot concerning funding of the sterilization surgery (tubal liyations) program. Commr. Carson informed the Board responses had been received from Mrs. Patrowicz, Director, Lake County Family Health Council, Inc., and Mrs. Andrejek regarding their suggestions to the resolution.

Discussion continued regarding changing the sentence to read:

"Lake County has been funding elective sterilization procedures (tubal liyations) for indigent persons who request it. Do you wish Lake County to continue this expenditure?"



On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the Resolution, as amended, regarding the funding of the sterilization surgery program. The Board directed a copy of the Resolution be sent to Mrs. Patrowicz and Mrs. Andrejek.

COURTS-JUDGES

Commr. Carson informed the Board he had received a letter from Donald Conn, States Courts Administrator, regarding witness fee reimbursement to counties. He stated the approved plan reduces funds appropriated to reimburse counties for witness fees by approximately fifty percent. Mr. Watkins, Clerk, stated it would not affect the budget for 1982/83.

PURCHASING/RESOLUTIONS/COUNTY EMPLOYEES

Mr. Watkins, Clerk, informed the Board that Norma Showley, Purchasing Agent, had submitted her resignation.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted the resignation from Ms. Showley and directed a resolution of appreciation be sent to Ms. Showley.

MUNICIPALITIES/PUBLIC WORKS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Town of Lady Lake for the County to furnish approximately 30 yards of clay for Lady Lake's baseball diamond.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Ted Wicks, Pollution Control Director, to attend a Local Options for Flood- plain and Wetlands Management Conference in Gainesville, Florida, on September 16 and 17, 1982, at an estimated cost of $37.00.

ACCOUNTS ALLOWED/PLANNING

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved travel for Jerry Sexton, Planning & Zoning Coordinator, to attend an FPZA Seminar on Local Government Impact Fees in Sarasota, Florida, on September 16 and 17, 1982, for an estimated cost of $64.00.

FIRE DISTRICTS

Discussion occurred regarding the proposed area which property owners are requesting be included into the Pasco Fire District.

Commr. Windram informed the Board that he and Mike Willett, Development & Public Works Director, had been out to review the proposed area.

Commr. Smoak questioned if the Fire Districts could contract outside their geographical boundaries for those people who would like fire services on a fee basis.

Sanford Minkoff, County Attorney's Office, stated that the Fire Districts have the ability to contract with other local governmental agencies but he stated the Attorney General rendered an opinion prohibiting Fire Districts going outside the boundaries to contract with individuals.

Mr. Minkoff further stated that there might be a possibility of allowing individual property owners and homeowners outside a Fire District to contract with the Fire District to provide service through an ordinance change.

Mr. Ted Schaffer, Fire Commissioner for the Pasco Fire District, addressed the Board to discuss the request. Be stated he felt the Fire District could contract fire services on a contractual basis. Be stated that in doing so, it would create more bookkeeping.

ORDINANCES

At 1O:OO a.m. Commr. Carson informed the audience that the public hearing regarding the proposed Ordinance for Building Codes would be postponed for fifteen (15) minutes.

FIRE DISTRICTS

Discussion continued regarding the proposed addition to the Pasco Fire District.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board directed the County Attorney's Office to research and recommend to the Board possible changes to the Fire District Ordinances which would allow the Fire Districts to contract with private individuals anywhere within their service area for fire protection services.

Commr. Smoak made a motion to deny the request to place the question regarding an addition to Pasco Fire District on the November Ballot.

Commr. Smoak withdrew his motion.

The Board postponed any further action regarding the addition to Pasco Fire District until September 21, 1982.

BIDS/PLANNING DEPARTMENT

Mr. Mike Willett, Development & Public Works Director, addressed the Board regarding Bid #023-82, Florida Boating Improvement Program. Mr. Willett stated the Public Works Department was recommending the Board accept the bid from J. E. Hill, Contractor, in the amount of $66,430.00 (low bid).

Discussion occurred regarding the County requesting that local governments contribute 10% of the project cost to show their commitment to the project. Mr. Willett stated the Department was not planning to keep the funds in reserve, but that they would possibly be used for improvements to boat ramps at Astor and Lake Yale. Mr. Willett informed the Board the cities have participated in the boating improvement program.

Commr. Smoak stated he was opposed to requesting the local governments contribute 10% of the project cost because it is taxes paid by the citizens from all over the County, they are pass through funds from the County and none of this funding source comes from the County General Revenue Fund.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted the bid from J. E. Hill, Contractor, in the amount of $66,430.00 (low bid) for the Florida Boating Improvement Program, $1,500.00 for channel deepening as outlined by the memorandum by the Planning Department. The motion also included the 10% participation of the cities for the projects.

LICENSES & PERMITS

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following gun permits and bonds:

William E. Gilbert Glenn H. Williams

Charles L. Cassiday Patricia K. Parent

Robert F. Grigoleit

ORDINANCES/BUILDING

The Chairman announced that the previously postponed time had arrived for the Public Hearing in which the Board would consider adoption of an Ordinance amending Ordinance 1981-8, updating of Building and Construction Codes.

It was noted that the proper proof of publication was on hand and had appeared in the August 27, 1982, and September 7, 1982, editions of the Sentinel Star, Little Sentinel edition.

Mr. Jerry Sexton, Planning & Zoning Coordinator, explained to the Board and the audience that the purpose of the proposed Ordinance was to update the County's Building Ordinance to conform with the changes in the Standard Building Codes.

He stated that it was requested by the Board of Building Examiners to amend the Standard Building Codes by deleting the requirement of 5/8" thick gypsum board on ceiling joists placed on 24" centers. He stated most contractors required l/2" thick gypsum board for projects. He further stated the Board of Building Examiners suggested deleting from the Standard Mechanical Code the requirement which specifies that refrigerant piping must be encased by conduit when being installed below a slab.

Mr. Sexton further requested that journeyman electricians and journeyman plumbers not be required to maintain a bond or obtain insurance as they are normally covered by the general contractor or master electrician.

Discussion occurred regarding the certification of paving contractors, commerical and residential. Mr. Willett stated that the paving contractors have not been notified of the proposed change to the Ordinance. Mr. John Matche, Board of Building Examiners, addressed the Board to discuss the certification of paving contractors. He stated the reason the Board of Building Examiners were requesting the certification was that there was no recourse to revoke a license except for filing a legal suit. It was the feeling of the Board to accept the section regarding the certification of paving contractors, commercial and residential.

Commr. Burhans requested the wording "or jetting" be added to the end of the sentence on Page 10, Section 16.

Mr. Gary McCutcheon, President of the Lake County Homebuilders Association, addressed the Board in support of the proposed Ordinance.

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:

AN ORDINANCE AMENDING LAKE COUNTY ORDINANCE 1981-8 WHICH REGULATES THE CONSTRUCTION AND HOME IMPROVEMENT INDUSTRIES; ADOPTING UPDATED BUILDING AND CONSTRUCTION CODES; EXCEPTING SECTION 112 OF THE STANDARD BUILDING CODE (APPEALS) FROM THE LAKE COUNTY BUILDING CODE; AMENDING SECTION 1001.6 (d) OF THE STANDARD BUILDING CODE TO REQUIRE ONE-HALF INCH THICK GYPSUM BOARD CEILING JOISTS PLACED ON TWENTY-FOUR INCH CENTERS; EXCEPTING SECTION 608 (G)(3) OF THE STANDARD MECHANICAL CODE FROM THE LAKE COUNTY BUILDING CODE; DIVIDING CONTRACTORS INTO GROUP A CONTRACTORS AND GROUP B SPECIALTY CONTRACTORS; ELIMINATING REQUIREMENT THAT GROUP B SPECIALTY CONTRACTORS OTHER THAN JOURNEYMAN ELECTRICIANS AND PLUMBERS TAKE A LICENSING EXAMINATION; ELIMINATING REQUIREMENT THAT JOURNEYMAN ELECTRICIANS AND JOURNEYMAN PLUMBERS PROVIDE BOND OR LIABILITY INSURANCE; PROVIDE FOR CERTIFICATION OF GROUP A CONTRACTORS AND FOR REGISTRATION OF GROUP B SPECIALTY CONTRACTORS; CHANGING GLASS AND GLAZING CONTRACTORS FROM GROUP A CONTRACTOR TO GROUP B SPECIALTY CONTRACTOR: CHANGING HOUSE MOVING; PAVING UNLIMITED; PAVING RESIDENTIAL AND UNDERGROUND UTILITIES FROM GROUP B SPECIALTY CONTRACTORS TO GROUP A CONTRACTORS; DECREASING LICENSING FEES FOR GLASS AND GLAZING CONTRACTORS; INCREASING LICENSING FEES FOR HOUSEMOVING, PAVING UNLIMITED, PAVING RESIDENTIAL AND UNDERGROUND UTILITIES CONTRACTORS; PROVIDE FOR CERTIFICATION OF MARINE CONTRACTORS AS CLASS A CONTRACTORS; PROVIDE FOR LICENSING FEES FOR MARINE CONTRACTORS: PROVIDE A SEVERANCE CLAUSE; PROVIDE AN EFFECTIVE DATE.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved adoption of Ordinance 1982-17, as amended, as read by title only on its first and final reading.

FAIRGROUNDS/ACCOUNTS ALLOWED

Ms. Norma Showley, Purchasing Agent, addressed the Board regarding quotes received for the installation of the fencing at the Lake County Fairgrounds.

The following quotes were received:

Dave Fritz Fence Co., Inc. - $ 8,210.OO

Tobia Fence, Inc. - $11,580.38

A-Aabot Fence - $ 8,127.92

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the low quote from A- Aabot Fence, in the amount of $8,127.92 for the installation of a fence.at the Fairgrounds. 'The motion also included the transfer of $1,800 from Contingency.

ASSESSMENTS

Mr. Mike Willett, Development & Public Works Director, addressed the Board to discuss the following assessment methods for corner lots and cul-de-sacs:

Method #l

1 . Corner Lot - use measurement of short side.

2 . Cul-de-sac - measurement of front and rear property lines divided by 2.



Method #2

1 . Corner Lot - measurement of both sides divided by 2.

2 . Cul-de-sac - measurement of perimeter of lot divided by 4.



Method #3

1 . Corner Lot - measurement of both sides divided by 2, unless corner lot fronts on existing maintained road then the short side of the lot would be used.



2 . Cul-de-sac - measurement of front and rear property lines divided by 2.



Mr. Willett stated the Public Works Department recommended Method #3.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted Method #3 as the formula of assessing footage on road improvement projects.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board adopted Method #3 to be a part of the road policies.

OUTDOOR RECREATIONAL FACILITIES

Mr. Willett, Development & Public Works Director, presented the Board with a list of parks and boat ramps in Lake County for the Board's review.

BONDS - MOBILE HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the mobile home bond renewal for Glenn Roberts - Lake Kathryn Area - District #5.

COMMUNICATIONS

Mr. Ken Russell, Satellite Group, Inc., addressed the Board to discuss the procedure for applying for a Cable TV non- exclusive franchise for Lake County. Mr. Russell stated his company was negotiating the possibility of building a satellite master antenna system in a mobile home park.

Commr . Carson instructed Mr. Russell to obtain a copy of the current Leesburg Cablevision Contract from the Board Office, draw up proposals and present those proposals to the Board.

Mr. Russell introduced Ms. Rose Smith, founder of Satellite Group, Inc.

ASSESSMENTS

Discussion occurred regarding the special assessment collection policy.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the special assessment collection policy as follows:

1. The Division of Development and Public Works will supply to the Finance Department an assessment listing. The listing will include the ownership name, mailing address, property legal description, interest rate, conditions for payment, and the assessment principal balance.



2. Property owners will be notified by the Finance Department of the total assessment, allowed thirty (30) days to pay the assessment in full without interest or to select the annual installment option plus interest.



If no payment is received within 30 days, a follow-up collection letter stating that the installment is past due and that interest (per agreement) is now accruing.



A second notice will be sent after ninety (90) days by the Finance Department and the Division of Development and Public Works will be supplied a listing of the assessment status.



3. Interest will be calculated at the stated Special Assessment agreement rate based on a 365 day year times the unpaid principal balance.



4. All payments will be applied first to accrued interest amounts and second, to reduce the principal balance.



5. Installments and assessments that are over ninety (90) days past due will be referred to the Division of Development and Public Works. The Division will make the determination for further legal actions. If necessary, the Division of Development and Public Works will deal directly with the County Attorney's Office.



The Finance Department will continue to send yearly assessment notices and accrue interest until the assessment is paid in full or satisfied in some other manner.



6. The Finance Department will advise the Board of County Commissioner's Office of fully paid assessments. The Board office will prepare and properly file with the Clerk's Office, a "Satisfaction of Lien".



7. The Division of Development & Public Works is totally responsible for the filing of liens, the amount of the assessment and alternative collection procedures



ACCOUNTS ALLOWED/VETERANS SERVICE

On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board approved travel for Art Ragland, Veterans Service Officer, to attend a conference on behalf of the County Veterans Service Officers' Association, in Ft. Lauderdale, Florida, October 13, through October 17, 1982, at no expense to the County.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved travel for Art Ragland, Obie Brown, and Dorothy Orr, Veterans Service Office, to attend Mid-Winter Training Conference in St. Petersburg, Florida, October 27, through October 29, 1982, at an anticipated cost of $645.80.

CONTRACTS, LEASES & AGREEMENTS/OUTDOOR RECREATIONAL FACILITIES

Commr. Windram informed the Board he had received a request from the Sylvan Shores Association requesting permission to purchase a lawn mower through the County Purchasing Department.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Sylvan Shores Association and directed that an Interlocal Agreement be drawn authorizing the purchase of a lawn mower for the Sylvan Shores Association.

MEETINGS

Commr. Smoak informed the Board that there would be a Green Swamp Advisory Committee meeting, Wednesday, September 15, 1982, at lO:OO, at the Ramada Inn in Clermont.

Commr. Smoak informed the Board that there would be a meeting at the Lake County Fairgrounds, September 23, 1982, at 7:00 p.m. to discuss the capital improvement program.

COMMUNICATIONS

Commr. Smoak informed the Board he had received a copy of a letter from Polk County suggesting Lake, Polk, Osceola, and High- Lands Counties meet to discuss the possibility of forming a regional water supply authority. He further stated the letter recommended a joint meeting with each of the Boards from the four Counties and that they appoint a liaison for the drafting of an interlocal agreement.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board authorized the Chairman to write to Polk County expressing Lake County's interest in participating with the other Counties on a exploratory level.

AGRICULTURAL CENTER

Commr. Burhans informed the Board he had received a letter from Dr. Kelly, Director of the Agricultural Center, requesting the County Attorney's assistance to organize the Lake County Extension Foundation. The Board directed that each of the Commissioners and the County Attorney be copied and postponed the request until September 21, 1982.

PUBLIC WORKS/AGRICULTURAL CENTER

Commr. Burhans informed the Board he had received a request from Dr. Kelly, Argicultural Center, requesting the Agricultural Center be placed on the regular mowing schedule in the Public Works Department. The Board requested Mr. Willett be informed of the request.

MEETINGS

Commr. Burhans informed the Board of a meeting to be held tomorrow, September 15, 1982, at 10:00 a.m., in the Agricultural Center Conference Room. He stated the purpose of the meeting would be to explain a project that the University of Florida's Soils Department will be conducting in Lake County only.

PUBLIC HEALTH

Commr. Burhans informed the Board he had a list of individuals who have expressed an interest in serving on the Local Health Planning Council. Commr. Carson stated he would like to add the names of Dr. Berger (Provider) and Mr. Al Elleck (Consumer over age 60) to the list. The Board postponed appointments to the committee until September 21, 1982.

RESOLUTIONS

On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved for a Proclamation to be presented to Dr. Thomas E. Langley at the Roast & Toast, being held for Dr. Langley, Saturday, September 17, 1982

MEETINGS

Commr. Carson stated the Board had been invited to attend a meeting at the Bonfire Mobile Home Village, tonight, September 14, 1982, at 7:00 p.m. regarding the proposed sprayfield for Coca-Cola.

Commr. Carson informed the Board Mrs. Dorrie Hostettler invited the Commissioners to attend the grand opening of the Republican Headquarters, September 17, 1982, from 4:30-6:00 p.m. in Eustis.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved the following requests from the Sheriff's Department:

1. Monies in the amount of $230.00 to be paid to the Florida Sheriff's Association for participants in the Regional Training Seminar.

2. Monies in the amount of $25.18 to be made payable to Lake Region News, Inc. for advertising of unclaimed monies.

Commr. Windram was not present for the vote.

COMMUNICATIONS

Commr. Carson informed the Board he had received a letter from a lady who sat in the audience last week stating she had difficulty in hearing the Board members at times. Commr. Deems stated he was checking into the possibility of replacing the microphones.

PUBLIC HEALTH

Mr. Chris Ford, County Attorney, presented the Board with a memorandum regarding Emergency and Non-Emergency Medical Service Act.

Mr. Ford stated that if the Board wished to regulate the non-emergency ambulance type activity, an emergency ordinance would have to be passed next week. He stated he recommended against the County regulating the non-emergency services.

Mr. Ford recommended the County adopt a Criteria Ordinance in regards to the emergency transportation services.

The Board directed the County Attorney's Office to draw up a Criteria Ordinance in regards to the emergency transportation services.

JAIL

Mr. Watkins, Clerk, presented the Board with a copy of the Lake County Correctional Facility Needs Analysis for the Board's review.

Mr. Watkins commended Mr. Harry Nies, Chief Deputy, and Mrs. Karen Hall, Executive Secretary, for the work done on the project.

BONDS - CONTRACTOR

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

New

653-83 Dennis R. Goodman (Aluminum & Mobile Homes)

1318-83 Harvey Ray McGuire (Aluminum & Mobile Homes)

1784-83 Billy F. Owens (Masonry)

3067-83 Joseph A. Beeler d/b/a Beeler Electric (Electrical)

3068-83 Martin Valentino d/b/a Coral Springs Plumbing, Corp.

Cancellations

433-76 Charles Walter Johnson (General)

834-79 William E. Lawson

1895-80 Roy Stephen Blodgett (Air Conditioning)

2001-81 Airtron, Inc.

HEALTH DEPARTMENT

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the annual financial statement for the Lake County Health Department.

COURTS-JUDGES

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction of Judgment for Billy James Walker in the amount of $50.00, Felony Division, Case #81-852-CF.

NURSING HOME

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman to sign the letter of adoption of the Policies and Procedures Manual for the Lake Memorial Nursing Home, as requested by Mr. Lonnie Strickland, Administrator, Lake Memorial Nursing Home.

RECESS & REASSEMBLY

At 12:lO p.m. the Chairman announced the Board would recess for lunch with each Commissioner lunching individually. The Board reconvened at 2:00 p.m. for Rezoning. Commr. Windram was not present for the afternoon session.

REZONING

PUBLIC HEARING 54-82-l Amend CP John Manqan

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

Commr. Carson informed the Board and audience he had received a letter from Hall, Farner & Associates requesting the Board postpone this hearing until October 12, 1982.

Mr. Jerry Sexton, Planning & Zoning Coordinator, informed the Board he and Mr. Farner had met with the Lake County School Credit Union Board and that the School Credit Union Board gave Mr. Farner the right-of-way, with restrictions, to build the access road.

Mrs. Susan Peck, Lake County School Credit Union, was present to listen to the discussion.

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board postponed this case until October 12, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING 74-82-l RR to R-1-15 Paul Speas

Mr. Steve Richey, attorney representing the petitioner, addressed the Board in opposition to the Planning Commissioners' recommendation of denial. Mr. Richey submitted letters from surrounding property owners supporting the rezoning.

Commr. Burhans made a motion to overrule the recommendation of the Planning & Zoning Commission and grant the rezoning to R- 1-15 (Residential Estates). The motion died due to a lack of a second.

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

carried, the Board upheld the Planning Commissions' recommendation and denied rezoning from RR (Rural Residential) to R-1-15 (Residential Estates).

Commr. Burhans voted "No".

PUBLIC HEARING 80-82-l R-l-7 to LM Steve Donahue &

Herbert Welder

Mr. Steve Richey addressed the Board in opposition of the Planning Commissions' recommendation for denial. He stated Mr. Jeff Ray was representing some of the adjacent property owners and they have been working on drafting up agreements to settle the problem. He further stated Mr. Donahue and Mr. Welder have filed for MP (Planned Industrial) and were requesting that this case be postponed until October 12, 1982.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until October 12, 1982, until 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING 77-82-5 LM, R-l-7, & R-l-5 to CP Ralph & Tommy Shannon

Mr. Zeb Osborne, attorney representing petitioner, addressed the Board to answer any questions the Board might have.

Commr. Carson informed the Board he had received a letter from Mrs. Muriel Pease, adjoining property owner, regarding this case.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation from the Planning Commission and approved rezoning from LM (Light Manufacturing, Warehousing, Research or Professional), R-l-7 (Urban Residential) and R-l-5 (Mobile or Mixed Residential) to CP (Planned Commercial).

PUBLIC HEARING 88-82-5 RR to ER Richard Pennington

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 Commission and approved rezoning from RR (Rural Residential) to ER (Estate Residential).

PUBLIC HEARING 87-82-4 A to CP Bill E. Scribner

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 Commission and approved rezoning from A (Agriculture) to CP (Planned Commercial).

PUBLIC HEARING 93-82-4 A to AR Margaret Cammack

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and postponed this case until October 12, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING 89-82-4 C-l to C-2 Jim Flake

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 Commission and postponed this case until October 12, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING 96-82-3 R-l-7 to RP Victor Hooker

Mr. Cecil Lundy, Lake Saunders, addressed the Board opposing the rezoning to RP (Multiple Family Residential-Professional) but stated he would agree to R-l-6 (Residential).

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commissions' recommendation and approved rezoning from R-l-7 (Urban Residential) to R-l-6 (Residential).

PUBLIC HEARING 86-82-3 LM and RR to LM Carlo Veradi

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from LM (Light Manufacturing, Warehousing, Research or Professional) and RR (Rural Residential) to LM (Light Manufacturing, Warehousing, Research or Professional).

PUBLIC HEARING CUP #551A-4 Class. of Uses William Hodges

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 Commission and denied the Classification of Uses and denied to amend CUP #551-4 to include Caretaker's Residence in R- l-7 (Urban Residential).

PUBLIC HEARING 94-82-4 A to RR Jane Henderson

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

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

PUBLIC HEARING CUP #810A-4 Class. of Uses Jane Henderson

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

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Classification of Uses & CUP in RR (Rural Residential) for a Beauty Shop.

PUBLIC HEARING 92-82-2 A to RR Mark Whitman

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

PUBLIC HEARING CUP #829-2 CUP in RR Mark Whitman

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

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved a CUP in RR (Rural Residential) for a private road.

PUBLIC HEARING 95-82-3 A to ER Edward B. Savage

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

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agricultural) to ER (Estate Residential).

PUBLIC HEARING 99-82-5 Add Use in CP Emma Young & Thomas

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to add a beauty shop use in CP (Planned Commercial) with attached residence.

PUBLIC HEARING 91-82-2 R-1-15 to CP Amos Marchant

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 Commission and postponed this case until October 12, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING 97-82-2 RP to C-l or C-2 John Tisdale

Mr. Bob Duggan, attorney representing the petitioner, addressed the Board in opposition to the Planning Commissions' recommendation of denial. He stated his client would like to build a small shopping center on the property. He further stated his client would be agreeable to CP (Planned Commercial) zoning.

Mr. Jerry Sexton, Planning & Zoning Coordinator, stated that rezoning the property to CP (Planned Commercial) zoning would not split an existing lot of record into two zoning districts. He further stated the acceleration and deceleration lanes could be controlled.

Mr. Walter Berry addressed the Board opposing to the rezoning as he would not like to see a bar built on the property.

On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board postponed this case until October 12, 1982, at 2:00 p.m. or as soon thereafter as possible.

PUBLIC HEARING CUP #619-2 Revocation of CUP Joe E. Hill

No one present wished 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 Commission and approved revocation of the CUP in A (Agricultural) for a 4-Wheel Drive Facility.

PUBLIC HEARING 98-82-2 A to RR and M-l Joe E. Hill

Mr. Joe E. Hill, petitioner, was present to discuss this rezoning with the Board.

Commr. Smoak made a motion, which was seconded by Commr. Burhans to uphold the recommendation of the Planning and Zoning Commission and approve rezoning from A (Agricultural) to RR (Rural Residential) and M-P (Planned Industrial), subject to the Pollution Control Department making a site evaluation determining that the property is not a viable wetlands area under the definition of the Code.

Commr. Smoak questioned the reasoning for rezoning one (1) acre RR (Rural Residential) when the surrounding property was A (Agricultural) or MP (Planned Industrial). Mr. Sexton stated it was his understanding that it was the intent of Mr. Hill to sell the house with the one (1) acre lot.

Commr. Smoak informed the Board that he did not agree rezoning that one (1) acre to RR (Rural Residential).

Commr. Smoak then withdrew his motion.

On a motion by Commr. Burhans, seconded by Commr. Deems and carried, the Board upheld the recommendation of the Planning Commission and approved rezoning from A (Agricultural) to one (1) acre RR (Rural Residential) and the balance of 24 acres to MP (Planned Industrial), subject to the approval of the Pollution Control Department.

Commr. Smoak voted "No". He stated he favored the rezoning from A (Agricultural) to MP (Planned Industrial) but did not favor the RR (Rural Residential) zoning because he felt it created a spot zone, and would rezone the property to a heavy industrial zone except for that one acre lot.

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

Mr. Jerry Smith, petitioner, was present to answer any questions the Board might have. He informed the Board he would like to place mini warehouses on the property.

The Board directed Mr. Wicks, Pollution Control Director, to determine if the soils are suitable for development.

Mr. Jerry Sexton, Planning & Zoning Coordinator, stated that LM or MP zoning would handle mini warehouses.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board postponed this case in order to allow the readvertising to rezone to LM or MP, subject to Mr. Wicks, Pollution Control Department, making a site evaluation on the property and presenting the findings of his study to the petitioner.

PUBLIC HEARING CUP #344B-3 Amend CUP Jahna E. R. Ind., Inc.

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

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the amend CUP #344-3 and CUP #344A-3 to include an asphalt plant.

SHERIFF/ACCOUNTS ALLOWED

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Griffin for monies in the amount of $200.00 to be paid to Calibre Press, Inc. for participation in the Street Survival Seminar on November 20, and 21, 1982, for Sgt. Glen Waterman, Sgt. James Swails, Sgt. Claude Gnann, and Sgt. Charles Nickle, Jr., pursuant to Lake County Ordinance 1982-1 and Florida Statute 943.25 (8), subject to the funds being available.

RESOLUTIONS/PUBLIC HEALTH

Discussion occurred regarding the Resolution concerning the funding of the sterilization surgery program (tubal ligations).

The Board amended the question to read:

"Lake County has been funding elective sterilization operations (tubal ligations) for indigent persons who request them. Do you wish Lake County to continue these expenditures?"



On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Resolution, as amended, and directed copies be sent to Mrs. Stegall, Supervisor of Elections, Mrs. Patrowicz, Lake County Family Health Council, Inc., and Mrs. Delores Andrejek.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:lO p.m.

JAMES R. CARSON, JR., CHAIRMAN

JAMES C. WATKINS, CLERK

mcg/9-16-82



9/14/82