A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 8, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, November 8, 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: James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 1, 1988, as presented.

AGRICULTURAL CENTER/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Mr. Terry Courneya, County Extension Director for the Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, that a resolution be approved, by the Board of County Commissioners, declaring November 15, 1988, as "CITRUS DAY", in Lake County.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved a Satisfaction of Judgment for Shawn David Turner, in the amount of $50.00 - Case No. 88-937-CJ.

Included in the motion was approval of Satisfaction of Judgment for George A. Pelletier, in the amount of $250.00 - Case No. 84-25107TT32.

ACCOUNTS ALLOWED/CHECKS RECEIVED/TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of a check, from T. Keith Hall, Tax Collector, in the amount of $550,628.24, which is the share of income of the Tax Collector's Office above that necessary to meet budgeted disbursements, covering the budget year from October 1, 1987 through September 30, 1988.

MUNICIPALITIES/ORDINANCES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of Ordinance Nos. 88-37 and 88-38, from the City of Leesburg, annexing certain lands which are contiguous to the City limits of the City of Leesburg, owned by Edgar Revis (88-37), zoned C-3, and by Herbert Frerking, Timothy Edwards, Billy Gene Shrout, O'Kelley Homes, Inc., John D. McLeod/Sherry S. McLeod, and Dean H. Guerry/Marilyn M. Guerry (88-38), zoned R-2.

REPORTS/WATER AUTHORITY

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of audited financial statements for the Southwest Florida Water Management District, and the Oklawaha Basin Recreation and Water Conservation and Control Authority, for fiscal year ending September 30, 1986.

BUDGETS/REPORTS/TAX COLLECTOR

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Statement of Revenues, Expenditures & Changes in Fund Balance - Budget & Actual, from T. Keith Hall, Tax Collector, for the Office Account, and a Distribution of Excess report.

COMMISSIONERS

A brief discussion occurred regarding the Swearing In Ceremony, to be held at a Special Meeting, which is to be called on November 22, 1988, for purposes of swearing in the newly elected Commission members. It was noted that a reception would immediately follow, at which time the Clerk, Mr. Watkins, stated that he would be meeting with the Chairman, Mr. Burhans, to work out arrangements for the ceremony.

MINUTES

Commr. Windram requested that the Board bring back up for discussion the Minutes of November 1, 1988, as he had a concern regarding them. He stated that on Page 16, the Minutes indicate, on Line 4, "solid waste, which must be transported", and on Line 5 "a method of transporting the waste", which should be changed to read "solid waste, which must be disposed of" and "a method of disposing of the waste".

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the amendment to the Minutes of November 1, 1988, indicated above, as requested by Commr. Windram.

COUNTY ADMINISTRATOR'S AGENDA

RESOLUTIONS/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board approved the request from Royal Trails Property Owners Association, Inc., for a resolution declaring Royal Trails Subdivision as a bird sanctuary.

Commrs. Smoak and Windram voted "No".

DEEDS/MUNICIPALITIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute a corrected easement deed, back to the City of Umatilla, on Umatilla property near the Public Works Maintenance Barn.

LANDFILLS/MUNICIPALITIES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the Consent Order for the Astatula Landfill. He stated that he had met with representatives of DER and indicated to the Board what was discussed at said meeting. He discussed proposed revisions to the Consent Order, as well as briefly covered the Phase I Contamination Assessment Report (CAP) and the Phase II Supplemental Contamination Assessment Plan (SCAP).

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized staff to continue to negotiate with DER, for the best possible negotiated arrangement for the Consent Order, regarding the Astatula Landfill.

ACCOUNTS ALLOWED/BIDS/FIRE PROTECTION

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request to award County Bid No. 19-959-089, for the construction of the fire stations, at Lake Norris Road and Pennbrook, to Harvey Spears General Contractor, at a cost of $222,588.00.

PERSONNEL/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution of appreciation for Roy 0. Gerhardt, on his retirement, after ten (10) years of service to the County.

ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final approval of Skiing Paradise, and accepted an Irrevocable Letter of Credit, in the amount of $176,000.00, for performance.

ROADS-COUNTY & STATE/SIGNS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to post 45 m.p.h. speed limit signs on C-44, Leg A.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request to upgrade the salary range, for the Engineer position, changing the minimum from $26,000.00 to $30,000.00, with a top salary of $42,000.00

ROADS-COUNTY & STATE/SIGNS/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to post 35 m.p.h. speed limit signs on Royal Trails Road.

RIGHT-OF-WAYS ROADS & EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the Eollowing non-exclusive easement:

Theron B./Ellen V. Small #3-2439 S. Buckhill Road

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the Following right-of-way deeds:

Thomas C./Lelia C. Floyd #l-7310 Grays Airport Road

Claudalee Groves, Inc., #3-2439 S. Buckhill Road

a Fla. Corporation

Elizabeth A. Terrell #5-7528 Emeralda Island Road

COMMUNICATIONS

Discussion occurred regarding a request from American Cablevision Corporation, to transfer control of the company to Showcase Communications II, Inc.

The County Administrator, Mike Willett, recommended that the Board postpone action regarding said case until the November 15, 1988, Board Meeting, due to a pending law suit involving the parties in question.

Mr. Tom Dougherty, Attorney, Clermont, representing American Cable Corporation and Ms. Joan Bennett, President of the corporation, appeared before the Board stating that the law suit was merely a money damages lawsuit and had nothing to do with the transfer of the franchise. Mr. Dougherty then gave a brief background of the case, as requested by the Board, stating that the agreement with the County was that no further operations would be continued until everything was brought into compliance, and one of the requirements was a zoning situation.

Mr. Leonard Baird, Attorney, Clermont, representing Showcase Communications, appeared before the Board and stated that Showcase Communications had entered into negotiations to purchase American Cable Corporation, and that it was not a transfer of the franchise, but approval of purchase of the company. Therefore, there will be new principals involved in the corporation. He also stated that his client has pending, before the Board, a request for its own franchise, which is scheduled for a Public Hearing, to be heard at the Board Meeting on Tuesday, November 15, 1988, at 10:30 a.m., therefore, would have no objections to postponing action regarding said case, at this time. He stated that it is not a lawsuit, simply for money damages, but that there is a request for punitive damages as well. He stated that there are also allegations of fraud and misrepresentation, and feels that the County ought to have an opportunity to review the case, in full, before making any decisions.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved postponement of the case until November 15, 1988, and requested that the County Attorney's Office be apprised of the pending lawsuit, which has been filed, and advise the Board, at their next meeting, as to the proper course of action for the Board to take.

COMMITTEES/FAIRGROUNDS

Commr. Burhans brought to the attention of the Board a memo (dated November 4, 1988) which he had mailed to each member of the Board, regarding an update on the Tourist Development Council.

After some discussion occurred regarding the memo, in which Commr. Burhans asked the Board to select a pay back method, to the Tourist Development Council, for the Expo Center site property, a motion was made by Commr. Carson, seconded by Commr. Smoak and carried unanimously, to adopt Method "A", for establishing the value of the land at the Expo Center site, and total pay back, by the County, to the Tourist Development Council, for said property.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution No. 1988-120, determining the tentative site for the Lake County Convention/Civic Center, and establishing that the purchase price for said property (285 acres) was $2,318.80, per acre, or a total of $660,858.00. Said purchase price shall be charged to the Tourist Development Tax budget.

RECESS & REASSEMBLY

At 10:00 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

CONTRACTS LEASES & AGREEMENTS/LANDFILLS

Mr. Ed Sledge, Piper & Marbury, consultant to the County for the waste-to-energy facility, appeared before the Board to discuss and explain the financing procedures involving two (2) resolutions which are being presented to the Board, for approval, this date, regarding said facility. It was noted, at this time, that Ogden will own and operate the facility.

Commr. Carson raised a question regarding the interest rate for the project, to which Mr. Peter Zent, Smith Barney, and Mr. Bob Schoenhoffer, Alex, Brown & Sons, answered. At this time, Mr. David Livingstone, also from Smith Barney, gave input regarding the interest rate.

Mr. Robert J. Willets, a local school teacher, appeared before the Board in opposition to the project, and gave a brief presentation regarding it. He discussed the financing aspect of the project, as well as the tax credit.

Mr. Hal Turville, a resident of Clermont and member of the Tourist Development Council, also appeared before the Board, in opposition to the project. He, too, discussed the financing aspect and stated that he felt it was not a good deal for the County.

At this time a motion was made by Commr. Carson, and seconded by Commr. Windram, that the Board approve and authorize proper signatures on Resolution No. 1988-118 (Bond Resolution), as follows:

A RESOLUTION PROVIDING FOR ISSUANCE BY LAKE COUNTY, FLORIDA OF TAX-EXEMPT ADJUSTABLE TENDER RESOURCE RECOVERY INDUSTRIAL DEVELOPMENT REVENUE BONDS (NRG/RECOVERY GROUP PROJECT), SERIES 1988A, IN AN AGGREGATE PRINCIPAL AMOUNT OF $70,000,000, AND TAXABLE MANDATORY TENDER OBLIGATION RESOURCE RECOVERY INDUSTRIAL DEVELOPMENT REVENUE BONDS (NRG/RECOVERY GROUP PROJECT), SERIES 19888, IN AN AGGREGATE PRINCIPAL AMOUNT OF $9,000,000, THE PROCEEDS OF WHICH WILL BE LOANED TO NRG/RECOVERY GROUP, INC., A FLORIDA CORPORATION, FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF CONSTRUCTING AND EQUIPPING 4 SOLID WASTE RESOURCE RECOVERY FACILITY TO BE LOCATED IN LAKE COUNTY, FLORIDA; MAKING CERTAIN FINDINGS; AUTHORIZING THE ISSUANCE THEREOF; APPROVING 'THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, LOAN AGREEMENT, MORTGAGE, ASSIGNMENT OF MORTGAGE, TAX COMPLIANCE AGREEMENT, ASSIGNMENT OF CERTAIN CONTRACTS, PURCHASE CONTRACTS AND REMARKETING AGREEMENTS: ESTABLISHING GUIDELINES AND STANDARDS FOR ADJUSTING AND SPECIFYING THE METHOD OF ADJUSTMENT OF THE INTEREST RATE ON SUCH BONDS; APPROVING THE FORM OF THE INITIAL LETTERS OF CREDIT AND THE REIMBURSEMENT AGREEMENTS: AUTHORIZING A PRIVATE NEGOTIATED SALE OF SUCH BONDS: APPROVING AND AUTHORIZING THE DIS'IRIBUTION BY THE UNDERWRITERS OF THE OFFICIAL STATEMENTS: AWARDING SALE OF SUCH BONDS: DESIGNATING THE TRUSTEE AND THE REGISTRAR AND PAYING AGENT FOR SUCH BONDS; PROVIDING AN EFFECTIVE DATE AND DIRECTING THE AUTHENTICATION AND DELIVERY OF SUCH BONDS.



Commr. Smoak requested that the record reflect that his concern about the speed at which this project has transpired, has caused him to take a public position, in opposition to it, and that he would like to state, for the public, that going from a 50 million dollar reservation, on industrial revenue bonds, in May, to a 70 million dollar reservation, at present, and then having to exceed that reservation by an additional 9 million dollars, which is taxable, is an indication to him of those concerns that he has expressed, and that the speed of this issue is what causes him concern.

Commr. Bailey also stated, for the record, his concerns with the project, as follows: (1) that when this project was started, the County was going to work with the cities, which they did not do; (2) the amount of garbage that the County has (the Board has been given different figures by the different firms which are involved in the project); (3) that the cities have been given unlimited recycling, therefore, the County may not have the amount of garbage required; (4) his concern as to what this project is going to cost the citizens of Lake County; and (5) that he, too, feels that the project has moved too quickly, and that there should have been a different process.

At this time, the Chairman called for a vote, which was carried.

Commrs. Smoak and Bailey voted "No".

Mr. Sledge again appeared before the Board to discuss and answer questions regarding the service agreement, or project, resolution (No. 1988-119).

Mr. Willets, also appeared again before the Board and distributed a Proposal for Solid Waste Management for the People of Lake County, (in which he indicates a four point solution to a County owned and operated facility), as well as a sheet indicating what he estimates it will cost each household, per month, for the incinerator.

Commr. Bailey questioned whether the special assessment was still open, to which Mr. Sledge replied that the County has an option of mandatory pickup, or special assessments, in the unincorporated areas of the County.

Commr. Smoak questioned the monthly cost to the homeowners, stating that they have a right to know, to which Mr. Sokol replied that the cost, per month, per household, should be between $4.50 and $5.00. It was noted that the homeowners presently pay approximately $2.50 per month, per household.

Mr. Sokol informed those present that the project, which was approved in May (an RDF plant - refuse dry fuel technology), versus the plant that the County has today, the economic differential (over a 20 year period), saved the public over 30 million dollars, which is directly calculable, based on what was approved in May and what the County has today, by acting on the project as they did.

Mr. Turville reappeared before the Board and questioned what it would cost the County if the project were postponed, in order to let the new Board review and act on it, to which the County Attorney, Chris Ford, replied 13 million dollars.

Mr. Willets again appeared before the Board questioning a report from Mr. Jeff Clunie, Post, Buckley, Schuh & Jernigan, regarding projected figures relating to waste in Lake County.

Mr. Clunie commented on the report, stating that there would be adequate waste in Lake County, for the facility.

After considerably more discussion occurred regarding the project, a motion was made by Commr. Carson, and seconded by Commr. Windram that the Board approve and authorize proper signatures on Resolution No. 1988-119 (Project Resolution), as follows:

A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY RELATING TO THE DISPOSITION OF SOLID WASTE: APPROVING INTERLOCAL AGREEMENTS BETWEEN THE COUNTY AND CERTAIN MUNICIPALITIES IN LAKE COUNTY, FLORIDA AND AUTHORIZING THE EXECUTION AND DELIVERY THEREEOF; APPROVING THE EXECUTION BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF A SERVICE AGREEMENT BETWEEN NRG/RECOVERY GROUP, INC. AND THE COUNTY: APPROVING AN ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF NRG/RECOVERY GROUP, INC. UNDER THE SERVICE AGREEMENT; APPROVING AN AMENDMENT TO THE SERVICE AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF: AUTHORIZING THE EXECUTION AND DELIVERY OF NON-DISTURBANCE AND ATTORNMENT AGREEMENT; APPROVING A POWER SALES AGREEMENT BETWEEN THE COMPANY AND FLORIDA POWER CORPORATION AND AN ASSIGNMENT THEREOF BY THE COMPANY; APPROVING A FEASIBILITY STUDY, A GUARANTEE BY OGDEN CORPORATION OF THE PERFORMANCE OBLIGATIONS BY THE COMPANY UNDER THE SERVICE AGREEMENT AND A COVENANT OF ASSURANCE BY MARTIN GMBH; APPROVING THE TRANSFER OF THE FACILITY SITE SUBJECT TO A LEASEHOLD INTEREST TO THE COUNTY; APPROVING THE SATISFACTION OR WAIVER OF CERTAIN CONDITIONS PRECEDENT UNDER THE SERVICE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.



At this time, the Chairman called for a vote on the motion, which was carried.

Commrs. Smoak and Bailey voted "No".

For the record, the Chairman stated that he had received a phone call from an individual against the project.

Commr. Smoak, in closing, stated that the County has been working with some of the most respected individuals in the industry, and that Ogden Martin certainly has an outstanding reputation in this industry. He went on to say that the County apparently is going to do a project, which all of the members of the Board feel is the appropriate environmental way to go. The decision has been made, at this point in time, and he wanted all of the individuals involved (experts, as well as those individuals who represent the firms who have been advising the County) to know that he hopes Lake County benefits equally as much from this project, as all of the members felt it would, in the beginning. He stated that he hopes his vote has been an incorrect vote, and that the proper vote will have been a vote to support this project, as it is, and that it is now up to the ability, integrity, and desire of all those involved, and that at no point was his negative vote, in trying to slow the process down so that the new members of the Board, that are going to be guiding Lake County over the next four years, would have the opportunity to look at it, wasn't anything more than a simple, sincere concern that Lake County needed to know the available options to it and needed to know that the new members coming on board had the opportunity to look at it. He wished the County success in this project, because it was going to affect every person's life, in Lake County. His vote was simply for caution, and no other reason.

RECESS & REASSEMBLY

At 12:05 p.m., the Chairman announced that the Board would recess for Lunch and reconvene at 2:00 p.m. for Rezoning.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved excerpts from the Minutes of November 8, 1988, regarding the approval of Resolution Nos. 1988-118 and 1988-119, for the Lake County waste-to-energy facility, in draft form (which was certified), in order that the firm of Piper & Marbury would have this portion on hand for the November 10th closing.

ZONING

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

CUP#397A-2 ROBERT NOLEN, ASPHALT PROD. CORP. 12-13-88

#115-88-l ELOISE P. MORRIS 12-13-88

#157-88-2 FRANK MUSCARELLA 2-89

#135A-84-2 PENNBROOKE, LTD. 12-13-88

PUBLIC HEARING #189-88-5 A to RR: A to RM; A to RM IRENE P.

LOWRIE

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning of Parcel #l from A (Agricultural) to RR (Rural Residential); Parcel #2A from A (Agricultural) to RM (Mobile Home Residential); and Parcel 2B from A (Agricultural) to RM (Mobile Home Residential), to create one (1) conventional building lot (parcel #l) and two mobile home lots (parcels 2A and 2B) on this 3.11 acre site.

PUBLIC HEARING #190-88-5 A to PFD CHARLES H. HALL

Ms. Susan Kraus, an adjacent neighbor to the petitioner, appeared before the Board in opposition to the rezoning, due to the condition of the roads in the area, as well as the fact that the towers, satellite dishes, and building will be an eyesore to the community.

Ms. Debbie Hall, representing the petitioner, appeared before the Board and stated that the towers will not be transmitting, but receiving, and that they will be located in a heavily wooded area.

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 A (Agricultural) to PFD (Public Facilities District), to locate a head-in site including a 100 ft. tower, three (3) 16 ft. satellite dishes, and an equipment building on a five (5) acre parcel.

PUBLIC HEARING #173-88-5 RR to A WILLIAM CONDERMANN

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 RR (Rural Residential) to A (Agricultural), to maintain a citrus grove and place a structure for grove equipment.

PUBLIC HEARING #91A-88-5 Amend PFD Ord. #53-88 JAMES CARROLL

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 a request to amend PFD Ord. #53-88, to add additional land for a fire station.

PUBLIC HEARING #99-85A-4 Amend CP Ord. #43-85 ERBY TUCKER

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 to amend CP Ord. #43-85, to add a second mobile home on the site for a caretaker's residence.

PUBLIC HEARING #186-88-4 R-1-7 to C-l WALTER PHARR, ET AL

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 rezoning from R-l-7 (Urban Residential) to C-l (Rural or Tourist Commercial), to construct a photo-engraving facility.

PUBLIC HEARING #182-88-4 R-l-7 to CP JAMES O. HARRIS

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 R-l-7 (Urban Residential) to CP (Planned Commercial), to construct a real estate office on the site.

PUBLIC HEARING #183-88-4 REVOCATION OF CUP#682A-4 & REZONE

FROM R-1-15 & RR to RP SUSAN C. BARDWELL

Mr. Ken Burgess, Mt. Plymouth, appeared before the Board on behalf of the petitioner. He presented plans to the Board, indicating what improvements are planned for the property, and stated that he feels the plans which he and Mrs. Bardwell have for remodeling, will enhance the property, which was in deplorable shape when it was purchased. He also stated that residents in the area were presented with petitions to sign, and at that time, were told that an occult was purchasing the property and had plans to put a church in, with low income housing; therefore, a number of the residents signed the petition, in opposition.

Mr. Douglas Kerr, Mt. Plymouth, representing the Mt. Plymouth Homeowner's League, appeared before the Board, in opposition, stating that the reason the residents (196) were opposed to the rezoning was due to them not wanting multi-family housing in the area, and not due to rumors of an occult. He also stated that he feels septic tanks, which will have to be put in, will pollute the water supply, and that parking problems which already exist, will be further enhanced.

At this time, a motion was made by Commr. Windram to postpone action on this request for a period of 60 days, in order to try and resolve problems involved with the request. However, after further discussion, the motion was amended to 30 days, which was seconded by Commr. Carson and carried unanimously.

PUBLIC HEARING #188-88-4 RR to PFD SUSAN C. BARDWELL

It was noted that this request correlated with the case above, therefore, a motion was made by Commr. Windram, seconded by Commr. Carson and carried unanimously, to postpone action on this case, also, for 30 days.

PUBLIC HEARING #179-88-3 A to PFD PRAISE TABERNACLE, INC.

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 PFD (Public Facilities District), to permit a church and Christian school to accommodate 50 to 75 students (kindergarten through twelfth grade).

PUBLIC HEARING #184-88-3 REVOCATION OF CUP#848-3 & REZONE

FROM A & AR TO RR SWEET BLOSSOM CITRUS CORPORATION

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 approved the request for revocation of CUP#848-3 and rezoning from A (Agricultural) and AR (Agricultural Residential) to RR (Rural Residential), to develop single-family homesites of one (1) acre, 2-l/4 acre, and 5 acre tracts.

PUBLIC HEARING #177-88-3 A to AR LIBBY'S FRESH FOOD CO.,

INC.

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 construct a single-family residence.

PUBLIC HEARING #175-88-3 A to RR RICHARD BYRD

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 RR (Rural Residential), to allow development of two homesites.

PUBLIC HEARING #172-88-3 A to RR EMORY B. DURRANCE

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 approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to develop a thirty (30) acre tract, for single-family residential parcels.

PUBLIC HEARING CUP#385F-3 AMEND A + CUP#385-3 THROUGH

A + CUP#385E-3 FLORIDA CRUSHED STONE

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 to amend A + CUP#385-3 through A + CUP#385E-3, to permit a 12 acre expansion of the existing Tulley Sand Mine.

PUBLIC HEARING CUP#88/10/1-3 CLASSIFICATION OF USES FOR CUP

IN RR JOSEPH QUEEN

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 classification of uses for a CUP in RR (Rural Residential), to construct and operate a horse boarding stable.

PUBLIC HEARING #69-86B-2 AMEND PUD ORD. #44-88 RKC CORP.

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

On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend PUD Ord. #44-88, to comply with the development order for the Development of Regional Impact, as follows: Amend Condition E. Transportation improvements, to read: #5. The applicant shall align the entrance on US 27, as directed by the Department of Transportation, with accel, decel, and turn lanes.

Commr. Smoak voted "No".

PUBLIC HEARING #124A-88-2 AMEND PFD ORD. #70-88 PHIL TOPE/

SILVER SPRING CITRUS CORP.

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend PFD Ord. #70-88, that Condition #2 shall read that no dedication of right-of-way along Watson Road shall be required, to incorporate an additional 40 acres of land into an existing 120 acre land spreading operation and effluent disposal system.

PUBLIC HEARING #192-88-2 R-l-7 to LM or M-l ZEBULON TEETER,

JR.

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

On a motion by Commr. Bailey, 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 R-l-7 (Urban Residential) to LM (Light Manufacturing) zoning districts, to allow assembly and distribution of concrete products and storage of equipment.

PUBLIC HEARING #193-88-l CP to C-2 JORDAN HYPES

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 CP (Planned Commercial) to C-2 (Community Commercial), to allow for home furnishings and craft sales.

PUBLIC HEARING #180-88-2 RP to LM or MP ALBERT L. BROWN

Mr. John Wetherford, Attorney, representing adjacent property owners in opposition to the request, appeared before the Board stating that his clients objected to the rezoning, due to a fear that their well water will be polluted.

Mr. Jim Miller, representing the petitioner, appeared before the Board, stating that Mr. Brown plans to build an electronics business that will employ approximately eight people.

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 manufacturing of video optical devices/equipment to be installed in vans, to survey pipes and underground systems, with the following condition: (1) Land Use: Use of the MP shall be limited to installation of video optical devices and equipment in vans.

PUBLIC HEARING #178-88-l RR to R-1-15 or R-1-10.HARVEY P. YOUNG

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 RR (Rural Residential) to R-1-10 (Medium Residential), to develop the site to accommodate single-family residences.

PUBLIC HEARING #176-88-l A to ARMARK H. BROWN

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 AR (Agricultural Residential), to construct two (2) dwelling units on Tract No. 2, in Todd's Landing.

PUBLIC HEARING #174-88-5 A & R-l-7 to RMRP AUSTIN G. REGAL

Mr. MacDougall, adjacent property owner to the property in question, appeared before the Board, in opposition, due to being concerned about the noise which will be generated by the motors and pumps used in the business.

Mr. Earl Johns, adjacent property owner, appeared before the Board, in opposition, due to not wanting the sewage system for the development installed next to his well, which as it now stands, will be installed approximately 65 ft. from his well.

A motion was made by Commr. Carson to postpone action regarding the request for 90 days, in order to allow problems involving the request to be worked out, however, the motion died for the lack of a second.

RECESS & REASSEMBLY

At 3:15 p.m., the Chairman announced that the Board would take a five minute recess.

PUBLIC HEARING #174-88-5 A & R-l-7 to RMRP AUSTIN G. REGAL

(CONT'D.)

Dr. Austin Regal, petitioner, appeared before the Board stating that the property in the area is zoned RMRP, and that he purchased the property in question for future development.

After further discussion, Commr. Smoak stated that the ordinance presently on the books requires that the sewer disposal system be installed in the interior of the development, a minimum of 100 ft. from the property line, therefore, the problem is taken care of by the ordinance.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) & R-l-7 (Urban Residential) to RMRP (Mobile Home Rental Park Residential), to place a mobile home rental park on the site.

Commr. Burhans voted "No".

PUBLIC HEARING #191-88-5 AMEND CP ORD. #30-82 ROBERT GRISBY

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 to amend CP Ord. #30-82, to include .12 acres to a .89 acre site, for a required 50 ft. right-of-way dedication, for a proposed bank.

PUBLIC HEARING #181-88-4 R-l-7 to CP LOUISE V. LIVINGSTON

TRUST

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 Erom R-l-7 (Urban Residential) to CP (Planned Commercial), as amended, to read: C. Screeing: All parking facilities along the westerly property line shall be screened by a fence, or vegetation buffer, of at least 5 ft. at maturity, but not at the time of planting. AND... to add: E. Hours of Operation: Shall be from 8:00 a.m. to dark, for RV and boat storage, with mobile home, to be used as a caretaker's residence and security.

PUBLIC HEARING #185-88-3 RR to R-1-15 JAMES T. SWAIN, JR.

ET AL

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

On a notion by Commr. Snoak, 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 RR (Rural Residential) to R-1-15 (Residential Estates), to allow for construction of a residential parcel, with a 15,000 sq. ft. minimum lot size.

PUBLIC HEARING #187-88-3 RR to R-1-15 HURST SLONIKER

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

On a notion 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 RR (Rural Residential) to R-1-15 (Residential Estates), to allow for construction of a residential parcel, with a 15,000 sq. ft. minimum lot size.

PUBLIC HEARING #194-88-1 RR to RM REYNALL REDMAN

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

On a notion by Commr. Carson, seconded by Conmr. Bailey 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 RM (Mobile Home Residential), to allow for installation of one mobile home on a half-acre.

RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved a resolution declaring that November 20-26, 1988, be adopted as "ADOPTION WEEK".

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved and authorized proper signatures on the interlocal agreement, from the City of Astatula, and authorized proper signatures on any future interlocal agreements, in the same form as said agreement, relating to the waste-to-energy facility, as requested by the County Attorney, Chris Ford.

Commrs. Smoak and Bailey voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:30 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

sec/ll-14-88