A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 12, 1979

            The Lake County Board of County Commissioners convened in Regular Session on Tuesday, June 12, 1979, at 9:00 A.M. in the Board of County Commissioners' Meeting Room, Courthouse, Tavares, Florida. Commissioners present were: Thomas J. Windram, Chairman; C. A. "Lex" Deems; Glenn Y. Middleton; James R. Carson, Jr.; and Glenn C. Burhans. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Sanford A. Minkoff, Representing the County Attorney's office; Pat Goetzen, Deputy Clerk; and Mary Grover.

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

            COMMUNICATIONS

            Mr. Watkins, Clerk, informed the Board he had received a letter from Everett A. Kelly, Representative, District 35, requesting a Suncom line. Mr. Watkins stated Mr. Kelly would like to be connected to our Suncom line and the County would be reimbursed by the State.

            After discussion, the Board instructed the Clerk and Commr. Carson to request an additional Suncom line from the State to enable the County to handle the additional service to Representative Kelly. This request will be brought before the Board again on June 19, 1979.

            COMMUNICATIONS/ACCOUNTS ALLOWED

            Mr. Watkins, Clerk, informed the Board he had received a letter from Mr. John F. Harkness, Jr., State Courts Administrator, stating the funding for the telephone call-in device in Lake County will be terminated June 30, 1979. The "code-a-phone" has been an effective means of reducing wasted juror time and juror per diem costs.

            Mr. Watkins stated the savings to Lake County by using the "code-a-phone" has been $4,980.00. Mr. Watkins suggested the Board should consider renting the answering device which would cost approximately $40.30 per month. Mr. Watkins further stated the device could be purchased for approximately $300.00.

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried, the Board instructed the Clerk to write Mr. Harkness stating the Board is interested in renting the "code-a-phone".

            Commr. Carson abstained from voting because he is a member of the Board of Directors of the Florida Telephone Corporation.

COUNTY EMPLOYEES/PURCHASING DEPARTMENT/

            RESIGNATION/RESOLUTIONS

            At this time Mr. Watkins read a letter of resignation from Mr. Gary Knuckles, Director of Purchasing.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted the resignation of Mr. Knuckles to be effective July 18, 1979. Mr. Ford, County Attorney, was instructed to draw up a Resolution of Appreciation.

            BONDS - CONTRACTOR

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the following Contractor Bonds:

1783-79 Jim P. Turner, III dba Jim's Plumbing

1784-79 Billy F. Owens dba Owens Masonry

508-79 Robert D. Spears dba Spears Insulation Co.

834-79 William E. Lawson (Plumbing)

1765-79 David Little (Plumbing)

1785-79 Dennis Dorr (Residential)

1786-79 Harry L. Sullivan (General Contractor)

1344-79 W. Lee Humphrey dba Humphrey Construction (General)

            REPORTS

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

            ACCOUNTS ALLOWED/INSURANCE

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board accepted the check from The Hartford Insurance Company, in the amount of $70.84 for the property damage loss of May 10, 1979, involving property #7083, a White diesel tractor.

            REPORTS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of a report pertaining to juvenile jail sentences for the month of May, 1979.

            ACCOUNTS ALLOWED

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of a desk and a Sharp Compet calculator or one equivalent to such for the Clerk's Office, at an estimated total cost of $450.00.

            NURSING HOME/ACCOUNTS ALLOWED

            Mr. Evan Porter, Director of Personnel, informed the Board Mrs. Maynard, Acting Administrator of the Nursing Home, requested two (2) new positions be added to her staff. The two positions are as follows:

            1)        Dietary Worker - Mrs. Monroe, the Dietary Consultant, has recommended this position. Annual salary $6,032.

 

            2)        L.P.N. - An additional L.P.N. is needed to swing from shift to shift in order to fill in on the other L.P.N.'s days off. Annual salary $8,230.

            Mr. Porter stated the positions are not in the budget, but the funds are available.

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the hiring of a dietary worker at $6,032.00 and a L.P.N. at a salary not to exceed $8,230.00.

            NURSING HOME

            Mr. Porter, Director of Personnel, stated he wanted to discuss with the Board the policy of admitting patients into the Nursing Home.

            Mr. Porter stated HRS is involved and all patients in the Nursing Home are qualified for Medicaid and Medicare. Mr. Porter stated he had a case where a patient was admitted into the Nursing Home, but they did not qualify for Medicaid or Medicare, as their income was slightly over the requirement.

            Commr. Windram stated in the case Mr. Porter was referring to, they did clear it with him as it was an emergency situation and the Board had ratified the action in the minutes of February 6, 1979.

            NURSING HOME

            Mr. Porter, Director of Personnel, informed the Board he had three applicants for the position of Nursing Home Administrator, two of which are no longer interested. Mr. Porter stated he would like to arrange for the third applicant to appear before the Board for an interview at the meeting on June 19, 1979.

            COUNTY EMPLOYEES/PURCHASING DEPARTMENT

            On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board appointed Ms. Norma Showley as Acting Purchasing Director, at no salary increase, for the County for an interim term.

            CETA/COUNTY POLICY

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved Mr. Porter's suggestion that CETA participants who are hired into regular county positions will be paid for their earned vacation with CETA funds at the time they terminate, so they will then begin to accrue vacation time on the same basis of any new employee.

            CETA/ACCOUNTS ALLOWED

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the following new CETA positions, which will be CETA funded:

Receptionist (bi-lingual) (HRS): $236.00 Bi-Weekly. $25.00 Bi-Weekly travel and $70.37 Bi-Weekly for fringes. Total: $1,988.22


Two (2) Clerk Typist II (Bi-lingual) (HRS): $236.00 Bi-Weekly. $25.00 Bi-Weekly travel and $70.37 Bi-Weekly for fringes. Total: $3,976.44


Clerical Asst. (Mount Dora): $255.00 Bi-Weekly + $73.91 fringes. Total: $1,973.46


Clerk Typist (Mount Dora): $255.00 Bi-Weekly + $73.91 fringes. Total: $1,973.46


Wildlife Biologist (D of F, BCC): $255.00 Bi-Weekly + $83.98 fringes. Total: $2,033.88


Two (2) Video Recording Asst. (School Board): $255.00 Bi-Weekly + $73.91 fringes. Total: $3,946.92


Two (2) Labor, Sanitation Dept. (Mascotte): $255.00 Bi-Weekly + $83.98 fringes. Total: $4,067.76

            CETA/ACCOUNTS ALLOWED

            At this time the leasing of building space for the CETA Counselors was discussed. It was stated the Counselors need to move no later than July. Mr. Ford, County Attorney, recommended the Board lease the DeDier Building which is an old motel on Old 441.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to negotiate a lease with DeDier, at $3.50 per square foot, for a period of one year with the option to renew, with DeDier being responsible for repairs.

            CODE VIOLATIONS

            Mr. Bob Achor, a resident of East Lake Joanna Drive, appeared before the Board in behalf of his neighbor Mr. Gregory Dowers. Mr. Achor stated Mr. Dowers had been turned down for a mobile home bond to place a trailer on his lot while Mr. Dowers builds his house. Mr. Anchor further stated all of the adjacent neighbors did not object to Mr. Dower's placing a trailer on his lot. Mr. Ford, County Attorney, suggested Mr. Achor contact Mr. Mike Willett, Director of Planning, regarding this matter.

            MINUTES

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the minutes of June 5, 1979, as amended.

            POLLUTION CONTROL/ACCOUNTS ALLOWED

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the purchase of a 1952 Used Willys Jeep, #MD30977, in the amount of $101.28 for the Pollution Control Department.

PUBLIC WORKS DEPARTMENT/ACCOUNTS ALLOWED/

            ROADS - COUNTY, STATE

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board accepted a check in the amount of $52.00 from Mr. Howard Johnson, for the grading of North Road and instructed the Public Works Department to grade North Road.

            PLANNING DEPARTMENT

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board authorized the Chairman's signature on letters indicating review of elements of comprehensive plans for the cities of Mount Dora, Fruitland Park and Umatilla.

            Commr. Windram was not present for the vote.

            BONDS - MOBILE HOME

            On a motion by Commr. Middleton, seconded by Commr. Burhans and carried, the Board cancelled the following Mobile Home Bond in that the temporary structure had been removed and conditions met: A. C. Calhoun - Agreement dated December 12, 1978.

            Commr. Windram was not present for the vote.

            BONDS - MOBILE HOME

            Mr. Willett, Director of Planning, stated Mr. Gregory R. Dowers, a resident of Lake Joanna Area, would like the Board's approval to live in his travel trailer while he constructs his conventional dwelling.

            Mr. Dowers appeared before the Board to state he had the approval from the adjacent neighbors and had them sign a petition.

            It was the feeling of the Board that Mr. Dowers should obtain more names on the petition and to present it to the Board at the next meeting, which will be June 19, 1979.

            GRANTS/COMMUNITY DEVELOPMENT BLOCK

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, signature authorization was given for the Chairman to sign the General Rehabilitation Contract for: Caldonia Brown - S. E. Umatilla - $4,210.00.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, signature authorization was given for the Chairman to sign the General Rehabilitation Contract and Participatory Contract for: James & Bertha Carroll - S. E. Umatilla - $805.00.

            OUTDOOR RECRECREATIONAL FACILITIES

            Commr. Burhans informed the Board he received complaints regarding the public camping in Lake Dalhousie. He stated the Sheriff's Department had been called but claimed they could not do anything. It was stated we had an Ordinance regarding camping in the parks of Lake County. The Clerk was instructed to obtain the Ordinance and bring it back to the Board at a later time.

            TRAVEL/AGRICULTURE CENTER

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved the travel for Adult Leader and three delegates to attend State 4-H Congress in Gainesville, July 23-27, 1979, in the amount of $222.40.

            TRAVEL/POLLUTION CONTROL

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for Ted Wicks, Acting Director of Pollution Control, to attend a FES/DER/EPA Seminar on the Municipal Treatment Works Construction Grants Program and Related Topics in Orlando, June 20 & 21, 1979, at a cost of $15.00.

            TRAVEL/AGRICULTURE CENTER

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved for five Adult Leaders, program materials, and increased camp fees for the 4-H Camp McQuarrie, to be held July 9-13, 1979, in the amount of $342.50.

            COMMUNICATIONS/MOSQUITO CONTROL

            Commr. Burhans informed the Board he had received a letter from the City of Umatilla requesting assistance in clearing out the ditch running under west Highway 450 (Ocala Street) from Lake Palm, south of Lake Geneva.

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board instructed Mosquito Control to assist the City of Umatilla in clearing out the ditch.

            COMMUNICATIONS/EMERGENCY SERVICES

            Commr. Carson informed the Board he had received a memorandum from Mr. Robert Lewis, Director of Emergency Services, and Mr. James R. Lawson, Area Coordinator, confirming that Lake County will not be held responsible for nor be required to replace the fallout shelter food furnished by the federal government during the sixties (1960s).

            COMMUNICATIONS

            Commr. Carson informed the Board he had received a letter from Cole-Don Industries, Inc., requesting they be granted a franchise to install and operate a cable TV system in Lake County. Mr. Ford, County Attorney, stated we had two cable TV franchises in the County at this time, one being in Leesburg and the other one in the South Lake area. This new franchise lies in between the other two.

            After discussion, the Board instructed the Clerk's Office to research the request to make sure there is no duplication and to write a memorandum to the Commissioners stating the outcome of the research.

            COMMUNICATIONS

            Commr. Windram stated he had received a letter from Margaret Lofroos, Mayor of Mount Dora, regarding the City of Mount Dora's Comprehensive Plan, Part VI, VII, VIII, IX, and X. Mrs. Lofroos also included a formal request for a one year extension until July 1, 1980.

            COMMUNICATIONS/AUDITS/COMMUNITY DEVELOPMENT BLOCK GRANT

            Commr. Windram informed the Board he had received a letter from the Department of Housing and Urban Development stating the audit for the Community Development Block Grant Program, Grant Number: B-77-DN-12-0045, is acceptable.

            COMMUNICATIONS

            Commr. Windram stated he had received a letter from the Department of Health, Education, and Welfare regarding the new regulations implementing certain requirements of Title XVI of Public Law 93-641, 42 CFR Part 124. A copy of the letter and the new regulations were referred to Dr. Atkinson, Director of the Health Department.

            COMMUNICATIONS

            Commr. Windram informed the Board he had received correspondence from NACO, National Association of Counties, in which they enclosed the Voting and Credential Handbook, and a conference registration form. The Handbook is to be used at NACO's 44th Annual Conference in Kansas City, Missouri, July 15-18, 1979. It was the feeling of the Board not to delegate their votes.

            COMMUNICATIONS/PUBLIC WORKS DEPARTMENT

            Commr. Windram informed the Board he had received a letter from the Department of Transportation regarding Section 205 of the 1973 Federal Highway Act Pavement Marking Demonstration Program indicating which roads previously striped under this Federal Safety Program are now eligible for maintenance restriping.

            RECESS & REASSEMBLY

            At 10:50 A.M. the Board recessed until 11:00 A.M.

            BUDGETS

            At 11:00 A.M. the Chairman announced the advertised time had arrived for the Public Hearing regarding the consideration for adoption of the Canal Drive Special Assessment Budget for the year 1978-1979.

            It was noted that the proper proof of publication was on hand and had appeared in the June 1, 1979, edition of the Leesburg Commercial.

            No one present came forward to discuss this Budget with the Board.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board adopted the budget for the Canal Drive Special Assessment Fund, in the amount of $9,132.00

            At this time, the Public Hearing regarding the consideration for adoption of the CETA Title IV Summer Youth Budget for the year 1978-1979 was discussed. It was noted the proper proof of publication was on hand and had appeared in the June 1, 1979, edition of the Leesburg Commercial.

            Mr. Van Porter, Director of Personnel, and Mr. Harry Spooner, Director of Manpower Planning, were present to answer any questions the Board might have.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board adopted the budget for the CETA Title IV Summer Youth Program, in the amount of $299,557.00.

            OUTDOOR RECREATIONAL FACILITIES

            Mr. Ford, County Attorney, stated he had read Ordinance 1977-11 which prohibits overnight parking unless approved by the Board. Mr. Ford stated the Board did not have to post signs stating overnight parking was not allowed, but the Board would have to post the signs if overnight parking was allowed.

            On a motion by Commr. Burhans, seconded by Commr. Middleton and carried unanimously, the Board approved to post "No Overnight Parking" signs at Lake Dalhousie and at Lake Louisa. The Clerk was instructed to send the Sheriff's Department a copy of Ordinance 1977-11 and request that they assist in enforcing the Ordinance.

            9-1-1

            Mr. Ford, County Attorney, informed the Board there is no deadline as of yet to implement the Emergency Telephone Number 911. Mr. Ford stated it was still mandatory but not until the State provided implemenation monies and maintenance monies. As of now the State has provided implementation monies but not the maintenance monies. Mr. Ford stated Madison, Pinellas, Okeechobee, Henry, and Leon are some of the smaller counties that have implemented the plan.

            COUNTY ATTORNEY/REPORTS

            Mr. Ford, County Attorney, presented his report from the Liability Conference held in Chicago, Illinois, which he attended.

            CONTRACTS & AGREEMENTS

            Mr. Ford, County Attorney, referred the Agreement for Postal Colonies to Commr. Deems for his review.

            SUITS AFFECTING THE COUNTY

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld Mr. Ford's, County Attorney, recommendation to waive the strict appeal in the case of Mr. Sabo, regarding the rezoning case of docks and boathouses, and to accept the trial court’s decision.

            RECESS & REASSEMBLY

            At 11:21 A.M. the Board recessed for a noon lunch at the Park Grill, the public and press being invited on a Dutch treat basis. The Board reconvened at 2:00 P.M. for rezoning hearings.

            PUBLIC HEARING #35-79-1 - Amend CUP - Larry Murphy

            Mr. Dan Robuck, attorney for Larry Murphy, was present to answer any questions the Board and public might have.

            Commr. Deems stated he had attended the decibel reading which was held on June 1, 1979. Commr. Deems stated they were about 100 feet from the fence and the reading from the loudspeakers was about 50 decibels. The reading received from trucks on the highway was about 100 decibels. Commr. Deems felt the loudspeakers were necessary for Mr. Murphy's business.

             Mr. Robert Tuller, adjacent property owner, addressed the Board stating there was no breaking of sound waves as the bullhorns are so high in the air. Mr. Tuller further read a letter, written by Ms. Reba Harris, Secretary-Treasurer, Lake County Conservation Council, expressing their concern over the Ordinance the Board adopted on June 18, 1977, which grants a CUP on Mr. Murphy's property.

            Mr. Steven Richey, attorney representing Bruce Brown, an adjacent property owner, stated his client expressed concern over the noise generated by the loudspeakers at the dealership.

            Mr. Robuck presented a noise control ordinance from the Department of Environmental Regulations stating Mr. Murphy does meet the noise requirements. Mr. Robuck further stated Mr. Murphy was willing to remove the loudspeaker from the northeast side of the building completely and to relocate the loudspeaker on the northwest side to an inside location.

            On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board agreed to allow Mr. Murphy to make the suggested changes in his speaker system and approved a sixty day continuance to allow a trial period under the new arrangement.

            PUBLIC HEARING CUP #495-1 Revocation of CUP - Staff

            No one present wished to comment on this revocation.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board approved the recommendation of the Planning Commission and denied the revocation.

            PUBLIC HEARING CUP #636-4 - CUP for PUD - Robert Bradley

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

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried, the Board overturned the Planning Commission's recommendation for postponement and approved the recommendation of Sanford Minkoff, Representative from the County Attorney's Office, to deny the petition without prejudice.

            Commr. Windram voted "No."

            PUBLIC HEARING #39-79-1 - RR to A or R-1-5 - William Rimes

            Mrs. W. E. Rimes was present to discuss this hearing with the Board.

            Mr. Earl Williams was also present to object to rezoning the property to Agriculture.

            On a motion by Commr. Carson, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation for denial to rezone R-l-5 and approved rezoning to Agriculture.

            PUBLIC HEARING #52-79-1 - A to RR - Leonard Cottom

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

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

            PUBLIC HEARING #48-79-1 - RM to C-2 - Robert Halstead

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to C-2.

            PUBLIC HEARING #662-1 or #60-79-1 CUP in RR or RR to R-1-5 - Bertha Perry

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to R-l-5 and denied the CUP.

            PUBLIC HEARING #50-79-1 - A to R-1-15 - Billy Kaylor

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to R-1-15.

            PUBLIC HEARING #57-79-1 - RR to R-1-15 - Jean Bishop

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to R-1-15.

            PUBLIC HEARING #45-79-1 - C-2 to CP - Roy Bradford

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

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

            PUBLIC HEARING #49-79-1 - RR to R-1-15 - Edward Eschenroeder

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to R-1-15.

            PUBLIC HEARING #41-79-1 - LM to C-2 - H. L. Pringle

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the rezoning to C-2.

            PUBLIC HEARING CUP #564-1 - CUP in C-1 - Walter Buchs

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

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board upheld the Planning Commission's recommendation and approved the CUP in C-1.

            PUBLIC HEARING #56-79-4 - LM to MP - Vernon Rich

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

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

            PUBLIC HEARING CUP #661-4 - CUP in A - Pitt Horn

            Mr. Pitt Horn was present to answer any questions the Board might have.

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the CUP.

            PUBLIC HEARING #40-79-4 - C-1 to C-2 - James Flake

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

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously the Board upheld the Planning Commission's recommendation and approved the rezoning to C-2.

            PUBLIC HEARING #47-79-4 - A to C-1 - Judith Bracco

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

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board upheld the Planning Commission's recommendation and postponed this hearing until July 10, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #36-79-5 - RA to A - Mrs. Fred Westman

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

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

            PUBLIC HEARING #58-79-5 - C-2 to CP - Byron Dean

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

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

            PUBLIC HEARING CUP #660-5 - CUP in A - Robert Martin

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

            On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the withdrawal of rezoning case CUP #660-5.

            PUBLIC HEARING #38-79-5 - RM to R-1-5 - Lilbourne Wirth

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

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the withdrawal of rezoning case #38-79-5.

            PUBLIC HEARING #53-79-5 - A to R-1-5 - John Sweeting

            Mr. Sweeting was present to answer any questions the Board might have.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the rezoning to R-1-5.

            PUBLIC HEARING #37-79-5 - A to RR - George Smith, Sr.

            Mr. George Smith, Sr. was present to answer any questions the Board might have.

            On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and denied the rezoning to RR.

            PUBLIC HEARING #43-79-3 - Amend CP - Billy Brewer

            Mrs. Brewer was present to answer any questions the Board might have.

            On a motion by Commr. Middleton, seconded by Commr. Deems and carried unanimously, the Board upheld the Planning Commission's recommendation and postponed this hearing until July 10, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #59-79-3 - A to RR - John Anderson

            Mr. Dennis Horton, attorney representing Mr. and Mrs. Raymond Grimes, property owners next to Mr. Anderson, stated his clients objected to Mr. Anderson's request as they are concerned with the drainage problems.

            Mr. John Anderson was present to answer any questions the Board might have.

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

            PUBLIC HEARING #54-79-3 - A to RR - Vonnie Robertson

            Mrs. Vonnie Robertson was present to answer any questions the Board might have.

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

            PUBLIC HEARING #55-79-3 - R-1-7 to C-1 - Joel Greenstein

            Mr. John Apetz, Real Estate Agent representing Mr. Greenstein, was present to object to the postponement.

            On a motion by Commr. Middleton, seconded by Commr. Carson and carried unanimously, the Board upheld the Planning Commission's recommendation and postponed the hearing until July 10, 1979, at 2:00 P.M. or as soon thereafter as possible.

            PUBLIC HEARING #46-79-3 - A to RR - Mr. Edwin Rudd

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

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

            PUBLIC HEARING #44-79-2 - R-1-7 to A - Barbara Harmon

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

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

            PUBLIC HEARING #42-79-2 - A to LM - Leroy Gessner

            Mr. Gessner was present to answer any questions the Board might have.

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

            PUBLIC HEARING #51-79-2 - RP to RR - Harry Codding

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

            On a motion by Commr. Deems, seconded by Commr. Middleton and carried unanimously, the Board approved the withdrawal of the rezoning case #51-79-2.

            ANIMAL WELFARE

            Commr. Windram informed the Board six hunting dogs belonging to Mr. T. J. Williamson, were picked up by Animal Control. Mr. Williamson feels he should not have to pay to get the dogs back.

            It was the feeling of the Board Mr. Williamson should be required to pay fees imposed to have his dogs returned to his possession.

            COUNTY POLICY

            Commr. Carson informed the Board there was some confusion as to the action the Board took on May 15, 1979, regarding the "Development & Public Works Division."

            On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board reaffirmed the action taken on May 15, 1979, the creation of the Development & Public Works Division with Mr. Mike Willett as head of that Division.

            Commr. Middleton voted "No."

            CONTRACTS & AGREEMENTS

            On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, signature authorization was given for the Chairman to sign the Contract for Sale and Purchase of Real Estate for the Messer house at 407 West Main Street.

            There being no further business to be brought to the attention of the Board, adjournment was at 5:07 P.M.

Thomas J. Windram, Chairman

James C. Watkins, Clerk