A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 12, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, July 12, 1988, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude E. Smoak, Jr.: James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator: Katherine A. McDonald, Assistant County Administrator: Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.

Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Kathy McDonald.

ACCOUNTS ALLOWED/BUDGETS/SHERIFF'S DEPARTMENT

Sheriff Noel E. Griffin, Jr. appeared before the Board to discuss an amendment to the Lake County Sheriff's Office 1988-89 Budget, involving the full-time maintenance position, for the Jail, which was approved in June, 1988. Sheriff Griffin also discussed the last audit criticizing the Department for not having property, in the Sheriff's Department, insured. He stated that he contacted Neil Kelly, Insurance Coordinator for Lake County, and obtained the necessary insurance. At this time, Sheriff Griffin presented the budget amendment for 1988-89, in the amount of $35,670.00, to include the full-time maintenance position, and the necessary bonds and insurance, for consideration by the Board.

Sheriff Griffin stated that he talked with Lonnie Strickland, Director of Health and General Services, and Don Smalt, Budget Analyst, about the double payment of some of the hospital and medical bills for prisoners. He suggested that Mr. Strickland meet with the Board to discuss a procedure that might help to eliminate the double payment.

Mr. Strickland appeared before the Board and discussed the procedures presently used for screening prisoners, for medical information, and the duplication of payment. He stated that he felt a full-time person was needed to review and investigate the financial information being supplied.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board directed Mr. Strickland to meet with the Sheriff's Office, regarding the duplication of payment of hospital and medical bills, and report back to the Board with a recommendation.

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved to include in the Sheriff's 1988-89 budget, for consideration, the following budget amendment: $35,670.00 ($24,670.00 for the Corrections New Position -Maintenance, and $ll,000.00, for Law Enforcement Operating Expenses).

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request, from the Sheriff's Department, for monies in the amount of $2,013.30, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, for training purposes, as outlined in the memorandum dated July 8, 1988, subject to the funds being available in the appropriate account.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of June 20, 1988, as presented.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of June 21, 1988, as corrected.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of July 5, 1988, as corrected.

CLERK'S AGENDA

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, for Jody William Leverrett, and his mother, Joan Rice, in the amount of $50.00.

ACCOUNTS ALLOWED/CHECKS RECEIVED/STATE AGENCIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board acknowledged receipt of the check, from the State of Florida, Office of the Comptroller, in the amount of $10,846.21, for Lake County's share of alcoholic beverage license fees collected during the period of January 1, 1988, through March 31, 1988.

Commr. Windram was not present for the vote.

COUNTY ADMINISTRATOR'S AGENDA

AGRICULTURAL CENTER/BUDGETS

Mr. Terry Cournyea, County Agriculture Extension Director, appeared before the Board to discuss a budget proposal, for a five year development plan, for the Lake County Horticultural Learning Center. Mr. Cournyea stated that 50% of the total indicated would be County contribution expected to be raised through memberships and donations.

Mr. Cournyea discussed the concept of the proposal for the Learning Center, stating that the idea is to provide Central Florida with the installation, demonstration, and evaluation of horticulture use, in the State of Florida. He stated that he is in support of the project.

Commr. Windram questioned the State and Federal interest in contributing to the project, with Mr. Cournyea stating that he has not received much encouragement from them, at this time.

Commr. Smoak stated that he is in favor of the project, and suggested placing the proposal before the Board as a budget request, with Mr. Cournyea polling the people who have expressed an interest in the project, for a firm commitment for participation, before the budget is actually considered by the Board.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board accepted the proposal, as outlined, and placed it into the budgetary consideration, for the fiscal year 1988-89, and requested that prior to final decision on the proposal, Mr. Cournyea present to the Board a list of participants, and their expected level of participation, prior to said considerations.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from Pollution Control, for Karen Dale Roberts to attend the 57th Annual Florida Water and Pollution Control Operators' Short School, on August 15-19, 1988, at the Treeo Center, in Gainesville, at a cost of $544.00.

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Pollution Control, for Roy Greene to attend the 57th Annual Florida Water and Pollution Control Operators' Short School and Management Seminar, on August 15-19, 1988, at the Treeo Center, in Gainesville, at a cost of $589.00.

ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase a Sperry/Unisys computer terminal and printer, for the Underground Tanks Program, at an approximate cost of $1,248.00 (cost is reimbursable by FDER).

COUNTY POLICY/PERSONNEL

Mr. Michael C. Willett, County Administrator, discussed the proposed changes and additions to the Personnel Rules and Regulations. He stated that the section, in relation to sexual harassment, has been researched, and he recommended that this be separated from the County's regular grievance position.

Mr. Glenn Timmons, Personnel Director, appeared before the Board and stated that the Personnel Rules and Regulations were fully revised in 1984.

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved to adopt the changes and additions, as outlined, and recommended by Mr. Willett and Mr. Timmons.

ACCOUNTS ALLOWED/PLANNING DEPARTMENT/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final plat approval of Southridge Industrial Park, and the acceptance of an Irrevocable Letter of Credit, in the amount of $190,000.00 for performance.

MUNICIPALITIES/PUBLIC WORKS

Mr. Michael C. Willett, County Administrator, discussed with the Board a request from the Astor Lions Club, for improvements to the ball field. The request included the following:

1. 1000 lbs. of Argentine Bahia seed

2. The County to grade the entrance road (approximately 40' wide and 250' long) when the grader is in the area.



3. The County dump all excess fill derived from pulling the ditches and maintaining the roads in the Astor area.



Commr. Bailey made a motion, which was seconded by Commr. Carson, to approve the above request, with the change of 1000 lbs. of Argentine Bahia seed to 100 lbs.

Commr. Smoak stated that he did not feel we should approve the request for seed, because the County has not begun to purchase such items out of a non-existing budget. He stated that he is not in disagreement of creating such a budget, and a county-wide program addressing recreational needs, but this should be taken care of on a county-wide basis, and with some plan in mind.

Commr. Bailey amended his motion to include approval of in-kind service only, with no approval of seed.

The Chairman called for a vote on the motion, which was carried unanimously.

BUDGETS

Mr. Michael C. Willett, County Administrator, recommended establishing two budget workshops, to review the Fine and Forfeiture and General Revenue Funds. He stated that, at the present time, the County revenues are five million dollars below the budget, from estimates received from the Finance Department. This includes the 4.4 million dollars in Contingency and Cash carried forward, which the County staff will recommend being reduced. He further stated that the staff has just completed two parts of the budget, including the Fire budget and the 911 budget, and hopefully will have the entire budget available for the Board by the end of the week.

Mr. Willett stated that, after talking with Mr. Robert K. McKee, Executive Assistant to the Clerk, about the purchase of the property for the jail site, and the construction of the jail, with Revenue Sharing funds, he recommended that the balance, of approximately $300,000-400,000.00, be used for recreation next year.

Mr. Willett stated that he did not believe that the County could balance this budget without a tax increase.

Commr. Smoak suggested using the afternoon of July 19, 1988, for the initial budget presentation.

Commr. Smoak stated that he felt strongly about the need for the consolidation of some of the County's services.

CONTRACTS, LEASES AND AGREEMENTS/COMMUNICATIONS

Mrs. Joan Bennett, American Cablevision Corporation, appeared before the Board to discuss her request for a cablevision franchise. She stated that the franchise would be constructed in the southern parts of Lake County.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the cablevision franchise request, for American Cablevision Corporation.

BUDGETS/CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS

Mr. Michael C. Willett, County Administrator, informed the Board of a request for proposed costs for Fiscal Year 1988-89, in association with the NRG project, in the amount of $270,150 - $305,150.00. He stated that this does not include bond counsel services. Mr. Willett stated that he has copies of the contracts, to submit to the Board, for review.

Commr. Smoak discussed the negotiation process that might be considered for obtaining bond counsel, and suggested seeking proposals.

Commr. Windram stated, for the record, that the discussion being held was not related to the NRG project, or any specific vendor.

Mr. Chris Ford, County Attorney, suggested that the questions, being derived from the discussion today, be directed to the experts, at the special meeting scheduled for Friday, July 15, 1988.

Commr. Smoak stated that the Board had specifically requested that the experts make available to the Board a detailed proposal, as to the expected costs and incurred costs.

Mr. Willett stated that monthly breakdowns and bills had been received from the experts, along with background information relating to each firm.

Mr. Ford stated that he would be meeting with the experts tomorrow, and would request the necessary information, as outlined by the Board.

Commr . Smoak made a motion, which was seconded by Commr. Bailey, for the Board to request, once again, a specific written proposal, including detailed services of all three of these firms, and individuals representing these firms, including previous bills or accumulated payments, and expected future payments, and that the written presentation be prepared prior to the meeting on July 15, 1988, for the members of the Board of County Commissioners' review.

Commr . Smoak reviewed with the Board previous action taken, in regards to the approved fees for Mr. Sledge. At this time, the Chairman called for a vote on the motion, which was carried unanimously.

ACCOUNTS ALLOWED/INDIGENTS

Mr. Dick Kurfiss, Funeral Director for Lake County, appeared before the Board to request, in the new budget, an increase in indigent burial funds. He stated that the present cost allowed is $300.00. He further requested that the Board consider designating a piece of County owned property, as an indigent cemetery, to be maintained by County prisoners.

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request. He stated that there are approximately 15-20 indigent burials a year. Mr. Strickland stated that, after checking with surrounding counties, he found that the average amount paid to funeral directors is $450.00, but the counties are also providing a County cemetery plot, and other amenities, such as vaults, liners, casket, etc., as well as opening and closing of the graves. He stated that some of the counties also have agreements with the cities for said services.

Mr. Strickland stated that the increase in indigent burial fees has been discussed with Mr. Chris Ford, County Attorney, and that the County would develop an agreement, once another survey has been made, for renegotiations of the payment.

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the increase of indigent burial fees to $750.00, which includes all amenities, and allowing a reduction in the fee, should the County provide the lot and vault.

BUDGETS/CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS (CONT'D.)

Mr. Michael C. Willett, County Administrator, presented the Board with information received from the NRG experts, in relation to their proposals and fees.

Mr. Chris Ford, County Attorney, stated that he will be requesting the information to be supplied to the Board in writing, as previously discussed. He stated that the experts are in the process of reviewing the information, from Ogden Martin Systems, Inc., who will be constructing the NRG facility. Mr. Ford stated that he hoped Mr. F. Browne Gregg and Ogden Martin Systems, Inc. will be able to present detailed proposals and analyses, at the special meeting on Friday. He was informed by Mr. Ed Sledge, Piper & Marbury, that he felt there was still room for negotiation, in regards to the capital costs and financing. Mr. Ford further stated he felt that it would be another two weeks before a formal opinion will be made by R. W. Beck and Associates.

Mr. Willett stated that Post, Buckley, Schuh & Jernigan are working with R. W. Beck and Associates, to determine what percentage of processable and nonprocessable waste (acceptable by both parties), will be processed at the waste recovery plant.

Mr. Ford informed the Board that Mr. Jeff Clunie, R. W. Beck and Associates, is also considering the option of recycling waste.

Commr. Windram stated, for the record, that the information supplied to the Board, from the very beginning, regarding the amount of garbage to be collected by the County, never showed that there would not be sufficient garbage to operate the plant.

Discussion occurred regarding undersizing the facility, with the possibility of an increase in the tipping fees.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS/JAILS

Mr. Chris Ford, County Attorney, presented to the Board a contract from Correctional Services Group, Inc., for services, including the staffing and operation of the new jail facility, in the amount of $28,000.00.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the contract between the Board of County Commissioners and Correctional Services Group, Inc., as presented by Mr. Ford.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

COUNTY PROPERTY/JAILS

Mr. Chris Ford, County Attorney, presented to the Board three contracts, for the purchase of property north of Main Street in Tavares, to be used for the proposed jail site. He informed the Board that there are two pieces of property left to be purchased south of Main Street, and four pieces of property left north of Main Street. At this time, Mr. Ford reported on the status of each one, and stated that the County may soon be able to conclude a

transaction, with the oil company, through a friendly condemnation lawsuit.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board authorized the conclusion of the arrangements, for the purchase of property for the proposed jail site, with the appropriated funds from Revenue Sharing, and authorized the proper signatures on the following contracts, as recommended by Mr. Ford:

George 0. Pringle & John A. Pringle $300,000.00

M. C. Ganus a/k/a Cody Ganus $ 30,000.00

John Orie and Florence Orie $ 57,000.00

Commr. Smoak was not present for the vote.

Mr. Ford discussed the proposed land contract with the oil company, stating that one of the provisions of the contract would be that the land would be clean, and that a test would have to be made. He stated that he had no objection to paying the costs for the test, but he did object to paying for any cleaning of the land. He stated that, since the oil company wants the County to condemn the property, they are proceeding with having a test done.

LANDFILLS/MUNICIPALITIES

Commr. Burhans discussed the proposed August, 1988, closing of the landfills in Umatilla and Lady Lake, and the present need for a temporary green box , or something compatible, strictly for household garbage.

Commr. Burhans directed Mr. Willett to bring before the Board, at the next regular scheduled meeting, information and recommendations pertaining to the above.

RECESS & REASSEMBLY

At 11:2O a.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m. for rezoning.

ZONING

Mr. David Clapsaddle, Director of Development Coordination, presented to the Board the list of requests for postponements and withdrawals.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following requests:

Postponements

#135A-84-2 PennBrooke, Ltd. August 9, 1988

CUP#88/6/7-4 Michael Southerland Sept. 13, 1988

Withdrawals

#81-88-3 0. Schrock & P. Bryan

LAP#88-1-3 John F. Lowndes

PUBLIC HEARING #82-88-5 Amend CP Robert Grisby

Mr. Steve Richey, representing United Southern Bank, appeared before the Board to discuss the request. Mr. Richey stated that the County staff is requiring the dedication of a road right-of-way and additional easements to the County. He stated that the applicant is not in the position to utilize the property for a branch bank, without some relief from these requirements.

Commr. Burhans recommended that the County not waiver the requirements, and that the request be denied.

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request to amend CP Ord. #30-82, for a branch bank for United Southern Bank.

PUBLIC HEARING #90-88-5 A to CP Mark A. Moore

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), for a nursery wholesale and retail plant broker and lawn care and residence.

PUBLIC HEARING #89-88-5 R-l-5 to C-l or CP

W. H. Vernor, Inc.

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-5 (Mobile or Mixed Residential) to CP (Planned Commercial), to bring a non-conforming use into compliance with the Zoning Ordinance.

PUBLIC HEARING CUP#88/6/5-4 CUP in A Marcum R. Randall

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for prosthetic/orthotic fabrication.

PUBLIC HEARING #108-88-4 RR to AR Hugh Alger & Kelly Foster

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to AR (Agricultural Residential), for a single-family residence and horse barn.

PUBLIC HEARING CUP#88/6/6-5 CUP in A Joseph F. Rawson

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to place a mobile home on the site for a caretakers residence.

PUBLIC HEARING #91-88-5 R-l-6 to PFD James Carroll

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-6 (Residential District) to PFD (Public Facilities District), for a fire station.

PUBLIC HEARING #102-88-5 R-l-7 to A Kenneth & Betty Oliver

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request from R-l-7 (Urban Residential) to A (Agricultural), for uses permitted in the A (Agricultural) district.

PUBLIC HEARING #88-88-5 A to R-l-7 Shamrock Dev. Corp.

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

Mr. David Clapsaddle, Director of Development Coordination, informed the Board of a letter on file from the City of Eustis stating some concerns with the request.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-l-7 (Urban Residential), for single family homes.

PUBLIC HEARING #97-88-5 PUD to RM Raoul Langlois

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from PUD (Planned Unit Development) to RM (Mobile Home Residential), for a mobile home subdivision.

PUBLIC HEARING CUP#86OD-1 Amend & CUP's Wilder Corporation

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUPS #228-l, 860A-1, and 860B-1, for RV park expansion.

PUBLIC HEARING CUP#88/6/3-1 CUP in RR Gentry W. Richardson

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in RR (Rural Residential), for a home occupation for making wooden construction stakes.

PUBLIC HEARING CUP#88/6/1-2 CUP in R-l-7 Eugene Gregory

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for classification of uses for CUP in R-l-7 (Urban Residential), for a home occupation for a ceramic studio.

PUBLIC HEARING #94-88-2 RP to M-l Roy M. & Shirley Jordan

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RP (Multiple-Family Residential-Professional) to MP (Planned Industrial), for making sauces and repacking meat.

PUBLIC HEARING 8104-88-2 C-l to C-2 Tex A. Merritt

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-l (Rural or Tourist Commercial) to C-2 (Community Commercial), for C-2 uses.

PUBLIC HEARING #11l-88-2 A to ER James Mayfield

Ms. Debbie Hall, representing the applicant, appeared before the Board in opposition to the recommendation of staff for RE (Rural Estates) zoning. She stated that the applicant requested ER (Estate Residential), for one-half acre tracts, which is compatible with the present market, and compatible with the area.

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to ER (Estate Residential), which would permit residences on 22,000 square foot lots.

PUBLIC HEARING #93-88-2 A to RM or R-1-5 Ardella Banks

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RM (Mobile Home Residential), to place a mobile home on the site.

PUBLIC HEARING #98-88-2 Revoke CUP#252-2 and A to PFD

Lake Educational & Benevolent Association

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to revoke CUP#252-2 and rezoning from A (Agricultural) to PFD (Public Facilities District), with amendments, for educational and recreation use for a church camp, with tents and five RV hookups, and a retirement residence and health resort.

PUBLIC HEARING #95-88-2 AR to A Harry J. Richmond and

Wilma J. Spears

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to A (Agricultural), which would allow all permitted uses in Agricultural.

PUBLIC HEARING #87-88-3 A to AR Cyril & Josephine Mescher

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), to sudivide into 2.25 acre homesites.

PUBLIC HEARING #106-88-3 AR to R-1-15 William K. Stratford

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that, approximately one month ago, the applicant had applied for R-1-10 zoning, on the same parcel of property which was denied by both the Planning and Zoning Commission, and Board.

Commr. Smoak informed the Board that the property is immediately adjacent to a development, which has been approved.

Mr. Ken Stratford appeared before the Board in objection to the denial of the request.

Mr. Jim Branch, Sanford, appeared before the Board in behalf of the applicant, to discuss the request. He stated that the proposal before the Board is a modification of the previous request, which allows a denser zoning, with 168 total lots. Mr. Branch stated that he felt this proposal is in conformance with the County's Comprehensive Plan, and requested approval of the request.

Commr. Smoak discussed the density, the recreational space as part of the development, and the ingress and egress. He felt that the density more than exceeds the density of the approved development immediately adjacent to the west: however, he felt that the drawing presented to the Board today does not meet the subdivision requirements in Lake County.

Mr. Clapsaddle informed the Board that the adjacent property was approved under a PUD.

Mr. Chris Ford, County Attorney, discussed the alternatives that the Board would have today.

Commr. Smoak made a motion, which was seconded by Commr. Bailey, to postpone action on the request, but that the petitioner be informed that the Board of County Commissioners look favorably upon a PUD for this property, with R-1-15 densities, and that the petitioner be given adequate time to work with the County staff to present a specific plan of development, which would include ingress and egress, improvements to the road, recreational facilities, and other things concerning the conservation of lands and the protection of wetlands.

Mr. Clapsaddle suggested a 60 day postponement, with the petitioner having no objection.

Commr. Smoak included the 60 day period in his motion (September 13, 1988).

The Chairman called for a vote on the motion, which was carried unanimously.

PUBLIC HEARING #99-88-3 A to R-1-15 Herbert Rogers

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates), which would permit 15,000 square foot lots, with central water, and one-half acre lots with well and septic tanks.

PUBLIC HEARING CUP#754C-3 Amend CUP#754A-3 Joe Swiderski

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#754A-3, to add mini-warehouses and motor homes/RV storage.

PUBLIC HEARING #96-88-4 RR to PFD Carter & Colean Rowe

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), with amendments, for an adult congregate living facility.

PUBLIC HEARING #92-88-4 R-l-7 to MP Virginia Wolcott

Ms. Virginia Wolcott, applicant, appeared before the Board in opposition of the denial of the request. Ms. Wolcott stated that she has plans to build a house on the property, and would like to continue a business, with the existing buildings, which were built in 1954. At this time, she requested assistance from the staff, as to what zoning category would suit her needs.

Discussion occurred regarding Ms. Wolcott utilizing only a portion of the property.

Mrs. Becky Cawkins, owner of adjacent property, appeared before the Board with pictures of Ms. Wolcott's property, which she took from her own property. She stated concerns regarding junk on the property being an eyesore: the possibility of contamination to her water system; and runoff from the steepness of the property. She further stated that she is considering building a home on her property and would like to keep the area rural.

Mr. Douglas Kerr, Mt. Plymouth League of Homeowners, appeared before the Board and stated that Adair Road is one of the main roads which would become congested with traffic, should the request be approved. Mr. Kerr discussed the surrounding area and requested that the Board deny this type of zoning in the area.

Commr. Windram stated that he felt this type of zoning was incompatible for the area.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from R-l-7 (Urban Residential) to MP (Planned Industrial), for a residence and heavy equipment and excavation business.

RECESS & REASSEMBLY

At 3:03 p.m., the Chairman announced that the Board would recess for five minutes.

ZONING (CONT'D.)

PUBLIC HEARING #100-88-4 RR to AR Phillip & Helen Schaefer

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

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to AR (Agricultural Residential), to.permit a single-family residence.

PUBLIC HEARING #llO-88-4 A to C-l Ken Wood & Vera Brown

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to C-l (Rural or Tourist Commercial) or CP (Planned Commercial), for a convenience store.

PUBLIC HEARING #101-88-4 A to C-2 Cecil Bodiford and

Pharoah Silcox

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), with C-2 (Community Commercial) uses, for a shopping center, Sorrento Market Place.

PUBLIC HEARING #105-88-4 RP to C-l or CP

Cordella & Earl LaRoe

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RP (Residential Professional) to CP (Planned Commercial), for a childrens clothing store in the home.

PUBLIC HEARING CUP#88/6/4-4 CUP in A James & Anne Drennen

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

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to use the existing mobile home as a caretaker's residence and to build a conventional home.

PUBLIC HEARING, #107-88-4 A to PFD Ronald Stephens

Mr. Leonard Baird, Attorney representing several individuals who reside in this area, appeared before the Board to express their opposition to the the request. He presented to the Board a petition with 247 names opposing the request. At this time, Mr. Baird requested a clarification from the staff, as to the type of business to be operated.

Mr. David Clapsaddle, Director of Development Coordination, stated that the request would be approved strictly for a private tennis club. Another request would have to come back to the Board for approval.

Mr. Baird reviewed with the Board the reasons that the staff recommended approval of the request. He stressed to the Board that this area is mostly elderly residents, with the character of the neighborhood having been developed residential.

Mr. Newell Cook, Lake Joanna Drive, appeared before the Board to discuss the traffic problem, stating that the traffic has tripled over the last years, and he does not want to see the area changed to four-lanes. Mr. Cook stated that the County needs to look at long-range planning for this area, within the next year or two, for a residential area around the lakes.

Ms. Mary Ann Lane appeared before the Board to discuss her concerns regarding the type of development proposed. She opposed the looks of the development: the noise factor; and the additional lights in the area.

Mr. Dean Landingham appeared before the Board and requested denial of the request. He stated that this would be spot zoning.

Mr. Thomas Mullett appeared before the Board in opposition to the request for rezoning. Mr. Mullett stated that he is on the Board of Directors for the Trinity Church and was opposed to a restaurant serving alcohol, and felt that there was no need for this type of facility, which would propose a threat to the residential area. He further stated that there are five tennis courts in the area, and seven courts in the school yards.

Ms. Lee Williams appeared before the Board in opposition to the request for rezoning. Ms. Williams stated that she is on the Board of Directors, at Pine Meadows Country Club, which has had tennis courts for about ten years. She stated that, if it was not for the golf memberships, the Club could not possibly keep up the maintenance costs of the tennis courts.

Mr. Michael Brown appeared before the Board and stated that he moved here from Rosemont, in Orlando. At this time, Mr. Brown discussed the traffic situation, which may result from the approval of this request.

Mr. Michael Finello appeared before the Board and read a letter from Leslie R. Huffstetler, who opposed the request. The letter stated concerns involving the traffic: the locating of this type of development within the City limits for control; and the problems of additional lights and noise. Mr. Huffstetler further stated in his letter that he owns frontage on Country Club Road, with lots that have already platted, that are close to this proposed development.

Mr. David Whitney appeared before the Board in opposition of the request for rezoning, stating that he opposed a tennis operation with a liquor license.

Mr. Baird stated that the proposal should be denied, and questioned the Board if the proposed use is detrimental or obnoxious to the present zoning.

Mr. Will Seabrook and Mr. John Roundtree, applicants, appeared before the Board to discuss the type of development involved with the rezoning.

Mr. Roundtree stated that there would be about 50-75 people at the club at one time. He further stated that the lights would be underground; the facility will be landscaped inside and outside; there will only be a snack bar, which will serve liquor; the club will be private, family oriented, and well controlled.

Mr. Seabrook stated that he felt the development would enhance the area. At this time, he presented blueprints for the Board's review.

Commr. Windram discussed the request and stated that he had no objections to the tennis club, but was concerned with the area. He stated that he would consider the project as more satisfactory, if this proposal was in an undeveloped subdivision.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a private tennis club.

PUBLIC HEARING 11103-88-l PFD Mid-Lakes Christian

Church, Inc.

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning to PFD (Public Facilities District), to permit the expansion of an existing church.

PUBLIC HEARING #89-86A-3 Extension of Ord. #35-86

Charles J. Malkus c/o Quality Inn

Commr. Smoak questioned the extension of the approved preliminary development plan, Ordinance #35-86, in connection with the change of ownership.

Mr. Jessie Graham, representing the applicant, appeared before the Board to explain the request for the extension.

Commr. Smoak questioned the benefits to the County on such extension requests.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for the one-year extension, of the approved preliminary development plan, Ord. #35-86.

PUBLIC HEARING CUP#88/5/5-1 Revoke CUP#253-5

Lakes at Leesburg, c/o Lester Anderson

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to revoke CUP#253-5, and classification of uses for a CUP in R-l-7 (Urban Residential), for RV storage.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:00 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/7-15-88