The Lake County Board of County Commissioners met in regular session on Tuesday, April 17, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Bob McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Sandra Carter, Deputy Clerk.

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

MINUTES

Commr. Bailey noted some changes which needed to be made to the Minutes of April 3, 1990, as follows:

On Page 26, Line 12, the name Frank Ketch should be changed to Frank Kutch.

On Page 26, Line 32, the name Glen Williams should be changed to Len Williams.

Commr. Gregg noted the following changes:

On Page 27, Line 17, rather than the sentence reading "...paying back those bonds with a service fee.", it should read " ...paying back those bonds with revenues derived from service fees."

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 3, 1990, as corrected.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, regarding the Clerk of Court's Consent Agenda and Addendum to said Agenda:

Accounts Allowed

Request for payment of Warrant No. 119421 through Warrant No. 119749, for the following accounts:

General Revenue Countywide Library

Landfills Private Industry Council

County Transportation Trust Mosquito Control

Countywide Fire District Animal Shelter Trust Fund

Miscellaneous/Gas Fund Paisley Fire District

Road Impact Capital Outlay

Law Library Bassville Fire District

Section 8 Pasco Fire District

South Lake Fire District Fine & Forfeiture

Northwest Fire District Mt. Plymouth Fire District

Insurance Fund Aquatic Weed

Special Assessments Emergency 911 Fund

Law Enforcement Trust Fund Northwest Ambulance

Northeast Ambulance

Ambulances-Hospital Districts/Audits

Request to acknowledge receipt of the North Lake County Ambulance Operations - Audited Financial Statements, for the year ended September 30, 1989.

Accounts Allowed/Subdivisions

Request to approve Satisfaction of Assessment Liens, as follows:

Highland Lakes

Marshall H. Gaard $ 220.75

Mt. Plymouth Subdivision

Sharon Soler $575.73

Ike Avenue

Barbara K. Moran $649.74

Astor Forest Campsites

Elbridge P. and Lillian M. Lancaster 1,263.05

Charles L. Merritt and Gladys Smith 1,263.05

John L. and Mary L. Taylor 1,230.51

John L. and Mary L. Taylor 1,230.51

John L. and Mary L. Taylor 592.38

Hollins Hilyer 1,199.72

Roy C. Meade 1,260.46

Robert A. and Betty R. Jones (75%) and Louis E. 229.21

and Joanne L. Jones (25%)

Dorothy M. Yale 1,234.68

Ralph I. Richardson 2,124.99

Robert L. and Charlott Brown 1,726.25

Associate Dealers, Inc. 1,690.16

Normand E. and Helen Beland 1,679.72

Henry A. and Irene A. Harnage 2,022.57

Marise Thonet 1,264.15

Eunice B. and R. D. Price

Lynn J. Taylor, Sr. 3,881.93

George W. and Beverly J. Moore, Jr. 1,001.43

George W. and Beverly J. Moore, Jr. 1,502.14

August E. and Dorothy Nuesch 952.75

August E. and Dorothy Nuesch 915.75

Ruth A. Fuss f/k/a Ruth A. and Fred J. Winker 970.69

John L. and Mary L. Taylor 720.45

Wilbur L. Alsobrook 1,356.53

Amy Whiteside Chote 1,161.75

William Herman and Aletha Marie Sizemore 1,276.70

Wilbur L. Alsobrook 1,281.84

Anthony Joseph Pugliese 2,237.46

Edward J. and Ruth E. Walton 1.636.33

Allen Road

Hoyt J. and Delores S. Lamons 890.10

Jeffrey A. Whitten and Harold D. Whitten 890.10

Jesse D. and Diane D. Roberts

William E. and Mary E. Plarr 1,092.27

Lake Junietta Homesites

Shirley F. Davis, et al 564.23

Shirley F. Davis, et al 452.97

James H. and Shirely H/W Hoy 271.75

Sparks Village

James N. and Jennifer Morgan 547.16

James N. and Jennifer Morgan

Pomerosa Subdivision

Johnny L. Tate 765.03

Johnny L. Tate 184.72

Ocala Forest Campsites

Frances Mirl Williamson 735.52

Picciola Island Subdivision

Donald E. and Ruth E. Horner 172.00

Hilltop Subdivision

Ida Franke 810.60

Ida Franke 810.60

Birr Park Subdivision -Raymond

L. and Mary E. Simmons 2.581.02

St. Johns Manhattan Subdivision

Nellie McAllister 703.13

Willard H. and Carol J. Mayo 620.25

Accounts Allowed/Code Enforcement

Request to approve Satisfaction and Release of Fine, for Wilder Corporation/Molokai Mobile Home Park, in the amount of $265.00, from Code Enforcement.

CLERK'S OTHER BUSINESS

AMBULANCES-HOSPITAL DISTRICTS/SHERIFF'S DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the Clerk's Executive Office, for the transfer of a vehicle, Property No. 9639, 1978 Starline Ambulance on a Ford E-350 Chassis, Manufacturer's I.D. No. E37AHAJ6060, from Lake County EMS, to Lake County Sheriff's Office.

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request to delete items from Fixed Assets, for the month of April, 1990, in the amount of $3,719.55, as follows:

Prop # Department Item Amount Reason

5742 Leesburg Barn Air Conditioner $ 445.35 Junked

8158 Public Works R/C Lawn Mower 339.00 Junked

8964 Sun Lake VFD Ford Tanker 2,200.00 Junked

11361 Leesburg Health Fetal Doppler 470.20 Stolen

12656 Sign Shop Remote Desk Radio 265.00 Junked

$3,719.55

AUDITS/SHERIFF'S DEPARTMENT

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for audit services needed, for the transfer of the Corrections Department from the Sheriff's Office to the Board of County Commissioners, in an amount not to exceed $16,000.00, to be done by the firm of Ernst & Young, and that budget transfers from the transition of Corrections funds be used to pay for it.

Mr. Al Thelen, County Manager; Mr. James Watkins, Clerk; Mr. Bob McKee, Chief Deputy Clerk; and Ms. Eleanor Anderson, Director of Administrative Services/Budget, gave input during a discussion regarding said request.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests, regarding the County Manager's Consent Agenda:

Accounts Allowed/Communications

Request to accept notice of proposed increase in subscriber rates from Cablevision Industries, Inc., from $15.95 to $16.95, effective June 1, 1990.

Insurance/Resolutions

Request for approval of Resolution addressing workers compensation issues, as requested by the Board, on April 10, 1990, and authorized proper signatures on same.

Planning & Development/Subdivisions

Request for approval of preliminary plat and construction plans of Highland Lakes.

Bonds - Mobile Home

Request to accept new Mobile Home Bond for David Pinter, Bassville Park area, District No. 1.

Bonds - Mobile Home

Request to extend existing Mobile Home Bond, for six months, for Max Sonntag, Sorrento/Mt. Plymouth area, District No. 4.

Bonds - Mobile Home

Request to cancel existing Mobile Home Bond on S. W. Williams, Clermont (Lake Minnehaha area), District No. 3.

Bonds/Contracts, Leases & Agreements

Request to cancel existing bond agreement of Richard Eisinger, Groveland area, District No. 2.

Roads-County & State/Signs/Subdivisions

Request to post 25 m.p.h. speed limit signs on Dora Wood Drive (4-4161C) and Wood Drive (4-4161D), in the Parkwood Subdivision.

Roads-County & State/Signs/Subdivisions

Request to post 25 m.p.h. speed limit signs along Division Street (5-8198L) and Dogwood Avenue (5-8198K), in Highland Lakes Mobile Home Park.

Public Works/Roads-County & State

Request to accept maintenance map on South Buckhill Road (3-2439).

Deeds/Roads-County & State

Request to accept a Quit Claim Deed - Road Transfer, from the Department of Transportation, for C-44A.

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following right-of-way deeds:

For Large Lot Waiver

Hugh G. Alger Thrill Hill #4-6280

For Lot Approval

Cary R. and Roberta Freeman Will Murphy #5-7883

Cary Freeman Will Murphy #5-7883

For Site Plan

First Baptist Church of Eustis S.R. 44

Right-of-Ways, Roads & Easements/Municipalities

Request to advertise Road Vacation Petition No. 601, to vacate dedicated easement, for Wolby, Inc., William N. Hartsfield, President, Clermont area.

Right-of-Ways, Roads & Easements/Municipalities

Request to advertise Road Vacation Petition No. 572, to vacate road rights-of-way and a portion of recorded Plat of Groveland Farms, for C. C. Dockery and Charlie Johnson Builder, Inc., Groveland area.

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the following requests, which were submitted as an Addendum to the County Manager's Consent Agenda:

Planning & Development/Subdivisions

Request for approval of the preliminary plat of Spence Estates Subdivision.

Accounts Allowed/Contracts, Leases & Agreements/Housing Finance Authority

Request from Section 8 Housing, for renewal of Annual Contributions Contract, between Lake County and the U.S. Department of Housing and Urban Development, extending the contract through September 30, 1991, in the amount of $197,616.00, and authorized proper signatures on same.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

BUDGETS/COMMITTEES/FINANCE

Ms. Eleanor Anderson, Director of Administrative Services/Budget, for the County, appeared before the Board and explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for authorization to negotiate with Public Financial Management, Inc., the firm which was selected by the Financial Advisory Selection Committee, to be the top ranked firm for financial advisory services to the County.

ACCOUNTS ALLOWED/BIDS/ENVIRONMENTAL SERVICES/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to award Bid No. 041-765-090, to Ringhaver Equipment Company, for the purchase of one (1) 1990 Caterpillar 826C compactor, at a cost of $280,096.00, for use at the landfill.

ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained this request.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a request for authorization to award a bid, negotiate and execute a contract, and encumber funds for the Waste-to-Energy Facility Computerized Ticketing Traffic Control and Invoicing System, to Dickey Scales, at a cost not to exceed $50,929.00.

ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained this request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request for authorization to award a bid, execute a contract, and encumber funds, in an approximate amount of $43,640.00, to Geraghty & Miller, Inc., for the installation of ground water monitoring wells, for the Astatula Ash Residue Monofill.

COMMITTEES/PLANNING & DEVELOPMENT/SUBDIVISIONS

A brief discussion occurred regarding this request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone action regarding a request to waive requirements imposed by the Planning and Zoning Commission, on Pops Grove Subdivision, until a later date.

PLANNING & DEVELOPMENT/COUNTY PROPERTY/WATER AUTHORITY

Mr. John Swanson, Director of Planning and Development, appeared before the Board and explained this request. Mr. Gregg Stubbs, Director of Development Coordination, distributed a site plan of the Hickory Point Recreational Facility and County Park being planned by the Lake County Water Authority, for the Board's perusal.

Mr. Will Davis, Executive Director, Lake County Water Authority, appeared before the Board and answered questions regarding the development, noting that the County hopes to start the first phase of construction no later than October 1, 1990.

No action was needed by the Board at this time.

PLANNING & DEVELOPMENT/RESOLUTIONS/WATER RESOURCES

Mr. John Swanson, Director of Planning and Development, appeared before the Board and explained this request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that she had two (2) minor amendments to the Resolution in.question, noting that on Page 1, Line 2 (in the title), where it states, ("... RELATING TO TRANSFERS OF DEVELOPMENT RIGHTS...", the following language should be inserted, "...AND DETERMINATION OF VESTED RIGHTS..."; and on Line 23, after the wording "...Section 699.3.. .", the following language should be inserted, "...and the determination of vested rights, pursuant to Section 699.4...", as the fees in question apply to both Transfers of Development Rights (TDRs) and determination of vested rights.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the two (2) amendments to a Resolution establishing fees for the transfer Rights process within the Wekiva River Protection above, by the County Attorney.

On a motion by Commr. Bailey, seconded by of Development Area, alluded to Commr. Swartz and carried unanimously, the Board adopted a Resolution establishing fees for the Transfer of Development Rights process within the Wekiva River Protection Area, as amended.

ROADS-COUNTY & STATE/SIGNS

Mr. John Swanson, Director of Planning and Development, appeared before the Board and explained this request.

Mrs. Dorman, mother of the student who was killed, addressed the Board (from the audience), thanking them for approving said request, and stating that she felt the death of her son was not only a loss to her, but a loss to the community, as well.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to place a memorial sign, "In Memory of Larry "Frito" Dorman", on the east side of Hwy. 441, just east of the Dead River Bridge, in Tavares, to be placed in said location by the high school he attended, and to remain in place for a period of approximately six to eight months.

BONDS - MOBILE HOME

Mr. John Swanson, Director of Planning and Development, appeared before the Board and explained this request.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a request to cancel an existing mobile home bond, for Don and Mildred Tunstall, Sorrento area, District No. 4.

ACCOUNTS ALLOWED/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved a request to award Project NO. 2-90, Waycross Avenue (4-5072), Widening and Resurfacing: Wesley Road (4-5176); and Park Avenue (4-5175A), to Superior Asphalt, in the amount of $207,959.00 (low bid).

ACCOUNTS ALLOWED/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and gave input regarding the request, as well.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to purchase two (2) 2000 gallon, and two (2) 1000 gallon above ground tanks, from Convault Florida, Inc., at a cost of $34,945.00 (sole source).

ACCOUNTS ALLOWED/BIDS/SIGNS

Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved a request to purchase sign materials (Bid No. 039-550-090) from Vulcan Signs, at a cost of $54,392.15 (low bid).

COMMISSIONERS' BUSINESS

COURTHOUSE/COURTS-JUDGES

Commr . Bakich brought to the attention of the Board the fact that he had met with Chief Judge Ernest C. Aulls, and the Chief Bailiff, Steve Corbett, regarding proposed changes in the Courthouse security, such as the reissuing of keys, changing locks, and reissuing I.D. cards to employees of the County, as well as the Clerk.

It was noted that the new card system will utilize a number.system, with a cross-reference numbered index card and duplicate photo, which will assist the security staff with accountability of the cards. It has also been requested that the County Personnel Rules be amended, to assure the return of the new cards, upon an employee's termination.

Mr. James C. Watkins, Clerk, gave input regarding the matter, stating that the proposed changes also concern after hours control of the Courthouse.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the proposed changes to the Courthouse security, as alluded to above.

PUBLIC HEARINGS - ROAD CLOSINGS

Petition No. 597 - Robert Stetler, c/o H. D. Robuck, Jr. -

Leesburg Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.

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

It was noted that the proper proof of publication was on hand as it appeared in the March 29, 1990, and April 5, 1990 editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to vacate utility easements, in Pennbrooke, Phase lA, Leesburg area, as advertised in Petition No. 597, by Robert Stetler c/o H. D. Robuck, Jr.

Petition No. 598 - Swiderski Enterprises - Leesburg Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.

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

It was noted that the proper proof of publication was on hand as it appeared in the March 29, 1990, and April 5, 1990 editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request to vacate an unnamed road and lots, in the Silver Lake Estates Subdivision, Leesburg area, as advertised in Petition No. 598, by Swiderski Enterprises.

Petition No.599 - Cecelia Bonifay for Stephen Helm - Tavares

Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.

Mrs. Cecelia Bonifay, Attorney, representing the petitioner, was present in the audience to answer any questions there might be from the Board.

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

It was noted that the proper proof of publication was on hand as it appeared in the March 29, 1990, and April 5, 1990, editions of The Orlando Sentinel, The Lake Sentinel.

Discussion occurred regarding the request, at which time Mr. Stivender recommended that the County leave an access to two parcels of property involved with the property in question, if something can be worked out with the petitioner. It was noted that the two lots, and rights-of-way to said lots, do not interfere with the remainder of the property in question, however, it was recommended that the two lots alluded to above, and access to said lots (through the existing roadway) be left intact, with the remainder of the plat being vacated.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to vacate the Plat of Woodhaven Subdivision, Tavares area, with the exception of Lots 5 and 377, and access easement or right-of-way to said lots, as advertised in Petition No. 599, by Cecelia Bonifay, Attorney for Stephen Helm.

Included in the motion was approval of a requirement that the Public Works Department prepare the legal for the access.

COMMISSIONERS' BUSINESS (CONT'D.)

COMMITTEES

Commr. Bakich informed the Board, for informational purposes only, the fact that he had received a letter from Mr. Mark Oliveri, of the Economic Development Council, informing the Board of their activities in Lake County.

No action required.

BUDGETS/FINANCE

Mr. Al Thelen, County Manager, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to ratify financial items which needed to be paid, prior to this Board Meeting.

RESOLUTIONS

Commr. Bakich brought to the attention of the Board a Resolution declaring April 21, 1990, as "Boating Safety Awareness Day", and urging citizens to practice good seamanship and seek appropriate education.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Resolution, alluded to above, declaring April 21, 1990, as "Boating Safety Awareness Day".

RESOLUTIONS

Commr . Windram brought to the attention of the Board the fact that Sundor Brands, Inc., which is known as Dora Foods, in Mt. Dora, has recently been acquired by Proctor & Gamble, and at the present time is considering an increase in administrative personnel from approximately 60 to 90 individuals, therefore, are building additional office space. He stated that they are presently considering moving their administrative personnel to another location, thus, the reason for this request.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved a Resolution urging Sundor Brands, Inc., which is owned by Proctor & Gamble, to maintain and expand its operation within Lake County.

RESOLUTIONS

Commr . Swartz brought to the attention of the Board a Resolution recognizing "Earth Day - 1990", at which time he elaborated on what types of activities will be held in Lake County, concerning same.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a Resolution recognizing April 22, 1990, as "Earth Day - 1990", and the fact that said day marks the twentieth anniversary of same.

COUNTY ATTORNEY'S MATTERS

AMBULANCES-HOSPITAL DISTRICTS/COMMITTEES/COUNTY ATTORNEY

Ms. Annette Star Lustgarten, County Attorney, brought to the attention of the Board the fact that the newly merged North Lake County Hospital District Board had held their first meeting, on Monday, April 16, 1990, noting that the new members were inducted and officers were elected. She stated that, due to the fact that said Board is a dependent district, the County will be acting as staff, until such time as the election occurs, which will be on November 6, 1990. She stated said Board has requested that, during the interim period of them becoming an independent Board, from under the jurisdiction of the Board of County Commissioners, or until they get organized, the County Attorney's Office act as legal counsel to them. She noted that the next meeting of said Board is scheduled for April 30, 1990.

A brief discussion occurred regarding the request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board authorized the County Attorney's Office to act as legal counsel to the newly merged North Lake County Hospital District Board, until the end of July, 1990, at which time the Board will once again look into the matter and determine whether or not an extension should be approved.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

COMMUNICATIONS/ORDINANCES

Mr. Al Thelen, County Manager, brought to the attention of the Board the fact that Commr. Gregg had requested staff to look into when Cablevision was going to hold their annual meeting. He stated that his office had received a letter from Cablevision indicating that they wanted to appear before the Board and discuss said issue. He noted that the Board had suggested May 8, 1990 (regular meeting.day), from 2:00 p.m. to 4:00 p.m., for the annual meeting which is called for in the agreement, to be held.

It was noted that Mr. Thelen would also be attending a meeting (along with several City Managers) regarding the issue, at which time a multi-jurisdictional approach will be discussed, so that the County will not be dealing on a one-to-one basis with the cablevision companies.

It was noted that the Workshop, regarding the proposed cablevision ordinance, would be held at the May 1, 1990, Board Meeting. Ms. Lustgarten, County Attorney, informed the Board that they would have a draft of the proposed ordinance, for their perusal, prior to said meeting.

Commr. Swartz gave input regarding wireless cablevision.

RECESS & REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would take a five minute recess.

PLANNING & DEVELOPMENT

Mr. Al Thelen, County Manager, informed the Board that the presentation which will be given, regarding the Comprehensive Plan, is staff's attempt to keep the Board up-to-date on goals and objectives which were identified, by the Board, for this year.

Mr. John Swanson, Director of Planning and Development, appeared before the Board noting that some changes had been made to a chart which is used in the Planning staff's presentations to the Board, regarding Lake County's Comprehensive Plan, at which time he identified said changes, and indicated dates for review of different elements of the Comprehensive Plan. He then reviewed said chart, and answered questions presented to him by the Board, regarding same. He also informed the Board of future meetings which have been scheduled to be held, such as the Conservation Element Citizens Advisory Committee; the Transportation Citizens Advisory Committee; the Executive Committee of Future Land Use Capital Improvements; the Recreation Open Space Citizens Advisory Committee, etc., regarding the matter.

Mr. Swanson stated that staff is working on a tight schedule, however, feels that they can meet it.

Upon being questioned regarding the above stated meetings, the County Attorney, Ms. Lustgarten, stated that the only required public hearing, as far as the final Comprehensive Plan, is the transmittal public hearing. The public hearings alluded to earlier are the public hearings necessary for public participation and input, as mandated by the Florida Statutes.

Mr. Swanson stated that Mr. Mike Szunyog, Director of Planning, was coordinating most of the developments of the Comprehensive Plan, along with Mr. Larry Kirch, Chief Principal Planner, and Mr. David Moon, Principal Planner, who are working in supervisory capacities, on the Plan.

Mr. Al Thelen, County Manager, gave input regarding the matter.

At this time, a Comprehensive Plan Completion Schedule and Status Report was distributed to the Board for their perusal.

Mr. Swanson touched briefly on the Capital Improvement Element of the Comprehensive Plan, noting that the selection committee for same has been established and has chosen Henderson, Young & Associates, to negotiate a contract with, and would hope to commence said contract on May 1, 1990, so that staff can start the Capital Improvement Element, which will satisfy the requirements of 9J5.

Mr. Swanson then introduced Ms. Sue Carroll, draftsperson for the Planning Department, at which time she displayed an example of computerized drafting, which she noted will save many manhours, when maps need to be changed or redrawn. It was noted that said drafting will also be used, in relation to zoning cases which come before the Board, at Rezoning Meetings. Said drafting can also be used to reduce maps and make transparencies.

Mr. David Moon, Principal Planner, appeared before the Board and distributed a Comprehensive Plan Completion Schedule for Municipalities, which he then reviewed with the Board and answered questions presented by them. It was noted that staff was completing one element, per month, per city.

Mr. Kirch gave input regarding how the Comprehensive Plan is being handled for the municipalities..Mr. Moon informed the Board of a workshop which is to be held on Tuesday, April 24, 1990, with representatives of the Department of Community Affairs, as well as the Florida Department of Transportation, to discuss issues pertaining to land use along state roads, as well as other issues pertaining to the Comprehensive Plan. He stated that additional issues which will be addressed will be right-of-way acquisition, curb cuts, and litigation development impacts along state roads.

Mr. Swanson stated that, in preparation of the Plan, he would like the Board to recognize the fact that it is not a staff plan, but a plan that staff prepared with guidance from the various committees, noting that it may contain information which the Board may not agree with, however, staff will not have a lot of time to make changes in it. He stated that staff will be preparing the bare minimum, for acceptance within the 9J5 requirements of the Department of Community Affairs, which will be presented to the Board for submission.

No action was required at this time.

RECESS & REASSEMBLY

At 11:05 a.m., the Chairman, Commr. Bakich, stated that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

Commr. Bailey requested that, in the future, a time certain be set for controversial rezoning cases, such as the Bronson Farm (chicken farm) and Vivian Camp (hog farm) cases.

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

POSTPONEMENTS

#23-90-5 Edwin Young 5/15/90

#43-90-l Ronald Cunning 5/15/90

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the following withdrawal:

WITHDRAWAL

#210-89-4 F. Browne Gregg

Mr. Gregg Stubbs, Director of Development Coordination, explained each of the following cases, before they were heard.

PUBLIC HEARING CUP#90/2/3-3 CUP IN A KENNETH AND VIVIAN CAMP

Mr. Kenneth Camp, applicant, appeared before the Board, stating that he had nothing further to say regarding the case, as everything he had to say was brought out at previous meetings. He then answered questions directed to him by the Board.

Mr. Charles Hubbard, whose grandparents own approximately 35 acres west of the property in question, appeared before the Board, in opposition to the request, stating that the well water in the area is contaminated from the existing hog farm and the local residents must use bottled water. He also noted that the odor is, at times, unbearable. He then answered questions presented by the Board.

Ms. Jewel Cheever, the owner of some property north of the property in question, appeared before the Board, in opposition to the request, stating that she was concerned about the contamination of their drinking water, as well as a decrease in the value of surrounding properties.

Mr. Agnew Thompson, the owner of approximately 28 acres near the property in question, appeared before the Board in opposition to the request, stating that he felt Mr. Bridges (owner of the property in question) was a fine man and he had no problems with him, however, had a problem with the way the hogs are fed, as well as a concern regarding contamination of drinking water in the area.

At this time, Mr. Richard Roof, Director of Pollution Control, presented, for the record, a Soil & Water District Plat Map, which lists property owners in the area of the property in question, who own five or more acres, who were notified of the Rezoning meeting, this date.

Ms. Beatrice Glover, who owns property in the area of the property in question, appeared before the Board in opposition to the request, complaining of the odor and flies generated by the existing hog farm and does not want to see said farm expanded, as planned.

Mr. Tom Wilkes, Attorney, with the Orlando firm of Craig, Harris & Robinson, appeared before the Board in opposition to the.request, representing a neighboring property owner, being Mr. Dave Warren, the owner of a foliage business east of the subject property. He stated that his client has a considerable investment at stake, at which time he presented to the Board, for the record, a petition from neighboring property owners in opposition to the request.

Mr. Wilkes then introduced Mr. Jim Sellack, a professional planner, who is a main partner in the Orlando planning firm of Miller, Sellack & Associates, who has been retained by Mr. Warren. He is the former Planning Director for Orange County, who wrote their 1980 Comprehensive Plan and is well known and respected in the area. He stated that said firm has also done a lot of work in Lake County, as well.

Mr. Sellack appeared before the Board and discussed four items of concern and opposition which his client, Mr. Warren, has to the request before the Board this date, being (1) that the Conditional Use Permit, as presented, is inconsistent with the surrounding uses in the area; (2) that it is inconsistent with potential future use in the area; (3) it does not possess the proper and legal access necessary for development of the property in question, as a hog farm; and (4) that there are certain overwhelming and overriding environmental concerns which it bears upon the Board's decision in this matter.

Mr. Sellack discussed the impact the hog farm would have regarding the turnpike interchange, that will be built at S.R. 50, and how it would affect future development in that area, noting that said area is going to be a very attractive suburban location for metropolitan Orlando. He stated that, as far as access, there is no legal access to the property from Hwy. 455, noting that the only access available is through an abandoned railroad - most of which is still under the ownership of the railroad.

Mr. Sellack then touched on environmental implications the hog farm would have to Lake Apopka, as well as the issue of certain wetlands being affected, and the fact that there is no garbage management regarding the farm. He requested the Board to deny the request, due to the fact that the farm has a tremendous impact on the surrounding properties.

Mr. Wilkes, Attorney, reappeared before the Board, at which time he gave closing comments and referred to a memo (dated March 15, 1990) from Pollution Control, which had been submitted to the Board prior to this meeting, noting that said memo pointed out the fact that the agricultural extension agent stated that the amount of hogs per dry acre of property is eight to ten and that the property in question has only two (plus or minus) dry acres, which would limit the number of hogs to only twenty. He stated that the applicant is talking about 500 hogs. He then referred to the Lake County Code, regarding the requirements for granting a Conditional Use Permit, stating that the request before the Board this date fails to meet said requirements. He then submitted an aerial map, which was used in their presentation, to the Board, for the record.

Mr. Kenneth Camp, applicant, reappeared before the Board to address a concern regarding the number of hogs which are presently on the property in question, as well as the number of hogs which had been on the property in the past. He stated that they presently have approximately 35 hogs, noting that the week before they had approximately 80. He then addressed the issue of his farm possibly lowering property values in the area, and answered questions presented by the Board regarding the number of acres which are fenced in, to contain the hogs, as well as access to the property.

Mr. Bridges, owner of the property in question, appeared before the Board, informing them that he purchased said property in January of 1947, and that he has had hogs on said property since 1974.

Mr. Richard Roof, Director of Pollution Control, appeared before the Board stating that he visited the site in question, as requested by the Board, on three different occasions. He noted some changes he wished to be made to his original memorandum, dated March 15, 1990, based on some observations which were made during his visits. He commented on the amount of footage away from the streambed, where the hogs will be housed, as well as the fact that the wetlands, which he referred to in his memorandum, do not.actually start until some 50 to 75 feet beyond where the proposed pens are located.

Mr. Terry Cournyea, Lake County Extension Director, appeared before the Board and discussed the area in which the hogs will be housed, at which time Commr. Swartz questioned how many hogs, per dry acre, would be allowed on the property in question. Mr. Cournyea replied that 200 hogs, under 150 lbs. each, would be allowed per acre, and if the hogs were over 150 lbs. each, then 100 would be allowed, per acre.

After further discussion occurred regarding the matter, Commr. Swartz stated that he found the area where the hogs are presently housed to be totally unacceptable, and feels the County needs to control runoff and manure, from the hogs, into a stream which runs through the property in question. He stated that he was also concerned about the portion of property which was fenced and did not believe that there was a sufficient amount of land to rotate the hogs and put in the number which the applicant wished to. He was also concerned about the odor which is generated from the hog farm, noting that it was very bad, however, felt that it was more from the food which is fed to the hogs, rather than from the hogs themselves.

Commr. Swartz requested staff to look very carefully at the existing hog farm operation and come back with a recommendation to the Pollution Control Board on what action can be taken to try and remedy what he feels is a very serious problem with the hog farm operation.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board and denied a request for a CUP in A (Agricultural), for a hog farm.

PUBLIC HEARING #7-90-4 A TO MP LEWIS C. DANSBY

Ms. Cecelia Bonifay, Attorney, representing Mr. Richard Ford, owner of the property in question, appeared before the Board and gave a brief statement as to how the request for MP zoning came about. She then answered questions presented by the Board regarding this request.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to MP (Planned Industrial), for the construction of an industrial park.

PUBLIC HEARING CUP#90/3/8-4 CUP IN A ELIZABETH SALTER

Ms. Elizabeth Salter, applicant, appeared before the Board stating that she wishes to grow a garden of day lilies in a concentrated area of her property, noting that she presently is utilizing approximately two acres - that she will not be growing them on the entire 10 acres which she owns. She then distributed pictures of a garden which she was involved in, and of which is ongoing in Gainesville, which she anticipates this garden will look like once it is underway. Upon being questioned about the request, she stated that she has a mail order business, and felt that this may have caused some concern in her neighborhood, as her neighbors feel there may be delivery trucks going in and out of the neighborhood, which she assured the Board that this would not be so. She also stated that the spraying of peat, which was initially done to prepare the beds for planting, was a one time thing and would not need to be repeated.

After further discussion regarding the request, Mr. Gregg Stubbs, Director of Development Coordination, gave input regarding the fact of the request being for a CUP, and whether it was really necessary.

Further discussion occurred regarding the request being for a home occupation, at which time Ms. Lustgarten, County Attorney, informed the Board that a home occupation is not permitted in an AR zoning.

Mr. Buzz Bowen, Attorney, representing his secretary, who is a resident of the subdivision in question, and is opposed to the request, appeared before the Board and submitted a petition (for the record) from residents of the subdivision, who are also in opposition to the request, as they consider the request a commercial enterprise, and feel that their property values will diminish. He requested the Board to deny the request.

After further discussion, a motion was made by Commr. Windram and seconded by Commr. Swartz to postpone the request until a later date, in order to enable Commr. Windram (as the district Commissioner) to physically view the site.

Mr. George Wyckoff appeared before the Board, stating that he had bought Lot 19, in the subdivision in question, with intentions of building a $200,000 home on his lot (which he has presently put on hold). He stated that he had installed a fence, for Ms. Salter, around her property and that some of the figures which had been given, regarding the garden in question, were inaccurate. He also stated that she has four to six individuals working in the fields, at all times, therefore, feels that it is definitely a commercial operation.

Mr. Tom Dougherty, a neighbor of Ms. Salter's, appeared before the Board, in opposition, stating that he moved into the subdivision to get away from the traffic and commercialization of the city, and does not want commercialization in his neighborhood. He requested the Board to be as firm with Ms. Salter, and make her abide by the zoning rules, as they have been with other residents of the neighborhood, in various requests which they have had come before the Board.

Ms. Agnes Rondo, a resident of the neighborhood in question, appeared before the Board, in opposition, stating that she does not want to see any commercialization in her neighborhood, as it presently is a beautiful area and would like to see it stay that way.

Ms. Peggy Coven, representing Coven Construction (owned by her husband, Mike) appeared before the Board stating that her husband was requested by Ms. Salter to go to Gainesville and see the operation which she has there, before she purchased the property in question. She stated that the site in Gainesville is absolutely beautiful, with million dollar homes located next to it. She stated that her husband has been contracted to build the home which Ms. Salter hopes to build on the property in question, noting that he has built several homes in the subdivision, and would not represent anything that is going to spoil the area. She stated that Ms. Salter's business would, if anything, add to the beauty of the neighborhood.

Ms. Sandra Reynolds, who grows day lilies commercially, appeared before the Board stating that she has known Ms. Salter for a long time, as she buys from her. She stated that the day lilies will only add beauty to the neighborhood.

Ms. Marie Baker, who rides horses around the area in question, appeared before the Board, in opposition, due to possible traffic which might be generated by the request.

At this time, the Chairman, Commr. Bakich, called for a vote on the motion to postpone action regarding the request until a time certain, on May 15, 1990, which was carried unanimously.

PUBLIC HEARING CUP#90/3/1-4 CUP IN A TERRY L. DOLLIVER

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

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), for an aviary.

PUBLIC HEARING #42-90-4 A TO R-1-10 VINKO BRODJANAC

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

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to R-1-10 (Medium Residential) zoning district, for construction of a residential subdivision.

PUBLIC HEARING #27-90-3 A TO RR MARY L. MCDARIS, TRUSTEE

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

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for rezoning from A (Agricultural) to RR (Rural Residential), to create four one acre lots for residential purposes. Commr. Swartz noted that he was not denying the request, without prejudice to RR, as the Zoning.Commission had only that he was denying the request.

PUBLIC HEARING #39-90-3 A TO AR JOSLYN ECCLES

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), for construction of two residential homesites on two one-fourth acre lots.

PUBLIC HEARING #31-90-3 R-l-7 TO RA ASTOR & JOAN CHEVALLEAU

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-l-7 (Urban Residential) to RA (Ranchette), to place a mobile home on the site.

PUBLIC HEARING #40-90-3 A TO AR DAVID & JANNIE GURNEY

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), to Create two one-half acre tracts for residential construction.

PUBLIC HEARING #37-90-2 AR TO A DANIEL T. GOODEN, ET AL

Ms. Kathy Lee Notter, applicant, appeared before the Board to answer a question regarding the request not having the five acre requirement needed for an A (Agricultural) type zoning, which is being requested. She stated that the property was originally zoned agricultural, however, the individual she bought the property from was told that, in order to put mobile homes on said property, it would have to be rezoned to agricultural/residential. When she and her husband went to put a mobile home on the property, they were informed that they could not do so, unless the property was rezoned back to agricultural.

During a discussion regarding some back acreage (3.3 acres), of the property in question, it was learned that said acreage had been grandfathered in, at which time Commr. Swartz noted that there was not enough total acreage involved (being 9.71 acres) for two (2) five acre parcels.

Mr. Gregg Stubbs, Director of Development Coordination, informed the Board that his office had been told that there was enough acreage for two (2) five acre tracts.

Ms. Notter stated that she had been told by a Mr. White (staff member), who stated that he had spoken with Mr. Stubbs and was told that she could do so.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board postponed action regarding this request, for 30 days, in order to enable staff to investigate the request further.

Commr. Windram was not present for the vote.

PUBLIC HEARING CUP#90/3/3-2 CUP IN A DANIEL GOODEN, ET AL

Mr. Gregg Stubbs, Director of Development Coordination, gave input regarding this request, stating that staff has a doctor's statement, regarding an infirm relative living on the property in question.

Discussion occurred regarding this request, at which time Ms. Notter, applicant, explained what had transpired, up to this point. A motion was made by Commr. Bailey and seconded by Commr. Swartz to postpone action regarding this request for 30 days, to

enable staff to further investigate the request.

Ms. Notter informed the Board that this request has been ongoing for approximately one year and that she has had to appear before the Planning and Zoning Commission and this Board on three separate occasions regarding the request. She, again, informed the Board what she had been told by staff, regarding the request, and questioned whether she would be able to place at least one (out of three) mobile home on the property in question, at this time.

The Board informed Ms. Notter that she could put a mobile home, for the infirm, on the piece of property which is presently zoned agricultural, which consists of 5.21 acres.

Further discussion occurred regarding this request, at which.time Commr. Bailey withdrew his motion, and Commr. Swartz withdrew his second to the motion.

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

PUBLIC HEARING CUP#90/3/6-2 CUP IN A BARBARA BROADWAY O'HARA

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

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, under the home occupation provision, they would be determining whether this request was for another customary home occupation, as it does not fall specifically into the listed uses for a home occupation.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), to allow a home occupation for the selling of log home kits.

PUBLIC HEARING #32-90-2 A TO CP JOYCE A. FARMER

Ms. Joyce Farmer, applicant, appeared before the Board and stated that she had been told, by staff, that the request should not be denied, if she requested a CP zoning.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied a request for rezoning from A (Agricultural) to CP (Planned Commercial), for a beauty shop.

PUBLIC HEARING #34-90-2 A TO RR W. DON WYNN

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to RR (Rural Residential), for the construction of single-family homes.

Commr. Swartz voted "No".

PUBLIC HEARING #38-90-3 A TO LM ROBERT & DIANE DELL0 RUSSO

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

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to LM (Light Manufacturing), for use for office, warehouse and retail buildings.

PUBLIC HEARING #28-90-2 A TO LM, M-l OR MP LAKE COUNTY BOARD

OF COUNTY COMMISSIONERS

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

Commr. Gregg gave input as to the benefits of the request being approved to an M-l zoning.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to M-l (Heavy Industrial), to allow industrial uses on the site.

PUBLIC HEARING #33-90-3 C-1 & A TO CP W/C-l & C-2 USES

MALLETT HOLDING COMPANY C/O EDWARD FISHBACK

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from C-l (Rural or Tourist Commercial) and A (Agricultural) to CP (Planned Commercial) with C-l and C-2 (Community Commercial) uses, with the exception of Item ee., under Section 69.110, covering automotive/mechanical uses, for the development of a proposed shopping center.

PUBLIC HEARING #29-90-2 A TO RR JAMES A. STRAUD

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

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to RR (Rural Residential), to construct a single-family residential home on the site.

PUBLIC HEARING #30-90-2 A TO RR MILAN L. CONRAD

No one present wished to discuss this 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 a request for rezoning from A (Agricultural) to RR (Rural Residential), to construct a single-family residential home on the site.

PUBLIC HEARING CUP#90/3/2-1 CUP IN RR LARRY A. PERRY

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

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for a CUP in RR (Rural Residential), for a home occupation, for a telephone service company.

PUBLIC HEARING #36-90-l RR TO ER JAMES & MARGARET MAYFIELD

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and reviewed an aerial map with the Board, indicating surrounding property densities in Lady Lake. He stated that his client is proposing to develop the property in question with central water.

Ms. Robert Graves, the owner of 40 acres contiguous to the property in question, appeared before the Board and questioned whether a letter had been received, from her, stating her opposition to the request. It was noted that said letter had, indeed, been received. She stated that the letter indicated her feelings, therefore, she would not need to state anything further.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to ER (Estate Residential), to construct one-half acre residential homesites.

Commr. Swartz voted "No".

PUBLIC HEARING #35-90-l A TO CP W/C-2 USES JAMES H.

MAYFIELD, SR.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and answered questions presented by the Board regarding an issue of billboards.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to CP (Planned Commercial1 with C-2 (Community Commercial) uses, for commercial uses.

PUBLIC HEARING #26-90-l RR TO ER EARL W. STOCKWELL

Mr. Gregg Stubbs, Director of Development Coordination, stated that the applicant had requested that this case be withdrawn.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request, by the applicant, that this request be withdrawn.

PUBLIC HEARING #41-90-5 CP TO RP AKBER M. JAMAL

No one present wished to discuss this 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 a request for rezoning from CP (Planned Commercial) to RP (Residential Professional), to construct apartments on the site.

PUBLIC HEARING CUP#90/3/5-5 CUP IN A WILLIAM R. EICHELBERGER

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

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), as amended, to use domestic wastewater treatment sludge, treated domestic sludge, and treated food service sludge to fertilize a hayfield.

PUBLIC HEARING CUP#616A-3 AMEND MP & CUP#616-3 DANIS INDUSTRIES, INC.

Mr. Rick Walker, with Professional Engineering Consultants, representing the applicant, appeared before the Board stating that what his client was applying for was a CUP for the borrow pit which presently exists on the site. He then informed the Board how the pit would be filled in, noting that it would be done so by utilizing.construction and demolition debris, which is a non-soluble material.

He stated that there had been several conditions placed on Danis Industries by the Department of Environmental Services and the Lake County staff, at which time he noted what said conditions were. He stated that Danis Industries will be planting over 400 trees on the property in question, as a part of the reclamation process.

Mr. David Ridener, the owner of a parcel of property contiguous to the property in question, appeared before the Board, in opposition, and distributed a handout, for the Board's perusal, containing several documents pertaining to the request, such as a Resolution, the CUP conditions, a Notice of Violation, an Inspection Report, etc. He submitted a topography map of the area in question, for the Board's perusal, as well as answered questions presented by the Board.

Mr. Philip Flack, the owner of a parcel of property near the property in question, appeared before the Board, in opposition to the request. He distributed photos, for the Board's perusal, showing car batteries, car body parts, and tires at the bottom of the borrow pit, which is polluting the property and the water supply.

Mr. Joseph Maxwell, who lives behind the property in question, appeared before the Board, in opposition to the request. He stated that Danis Industries has a total disregard for anyone living around the property in question and feels that the County should have someone oversee the operation of filling the pit, as he feels that Danis Industries is untrustworthy. He stated that they dump in Lake County's landfill what Orange County will not allow them to dump in their landfill, even though it may be harmful to this county.

Mr. Walker, Professional Engineering Consultants, reappeared before the Board and commented further regarding the matter. He stated that, if Danis Industries is not allowed to go forward with the filling process, the pit will remain in its existing condition.

Commr. Swartz questioned Mr. Walker as to whether Danis Industries, up to this point, has dumped anything other than clean fill in the pit, to which Mr. Walker replied that he did not know.

Commr . Swartz then stated that he did not like what he saw in the photos which were submitted and stated that he would like for the County to be absolutely sure of what goes into the pit. He informed Mr. Walker that if Danis Industries is putting anything other than clean fill in the pit, they are not in compliance. He also stated that he is willing to explore whether or not there is any possible way for the County to be absolutely certain of what goes into the pit so that it may be reclaimed. If this can be done, he feels that it may be beneficial, however, if it cannot, then he is not sure that the County may not end up with a worse situation.

At this time, Commr. Gregg interjected that he feels there is a need for the County to have a landfill, for construction debris.

A motion was made by Commr. Swartz and seconded by Commr. Bailey that this request be postponed for 30 days to enable the Board to meet with staff and further review the situation.

Ms. Lustgarten, County Attorney, informed the Board that, pursuant to the County's flow control ordinance, they have to affirmatively permit outside waste to come into the County, as well as going to a facility that the County does not have control over.

Commr. Swartz requested staff to go back and review the old MP ordinance and find out how the County got to where they presently are, concerning this situation with the pit in question.

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

PUBLIC HEARING CUP#90/3/4-3 CUP IN A RUTH A. RAY, TRUSTEE

Ms. Ruth Ray, applicant, was present in the audience to answer any questions there might be regarding the request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a provision which was discussed at the Planning and Zoning Commission Meeting was that on Page 2, of the Conditional Use Permit, under Condition 6, it states that all mining activity shall be conducted in accordance with all applicable Federal and State water management agencies. She stated that she would like to add Chapter 380, of the Florida Statutes, Section 380.0551, covering the Green Swamp area and Chapters 26, 27 and 28 of the Florida.Administrative Code, which is the Statute and the regulations that control activity in the Green Swamp, which the applicant is required to comply with.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to include the additional chapters of the Florida Statutes, which Ms. Lustgarten, County Attorney, alluded to, designating those areas of the Green Swamp as part of the conditions of the Conditional Use Permit, pertaining to this request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to add language on Page 1, of the Conditional Use Permit, under Section C, as follows: "This Conditional Use Permit and the applicant are not exempted from the provisions of the Lake County Mining Ordinance, which is pending an act of the Board, and all provisions of the pending Mining Ordinance, as enacted, with exception of the requirement for the mining site plan, whereby, an operating permit shall apply."

Mr. Dan Robuck, Attorney, representing the applicant, appeared before the Board stating that on Page 25, Paragraph D, of the existing Mining Ordinance, it has the applicants beginning

construction, for operation, within six months of the date the ordinance is adopted. He stated that his clients can get the plans submitted to the necessary parties, however, are concerned that they may get bogged down and may not get back to the Board, in time for approval, within six months.

Commr. Bakich stated that, if the County is responsible for the applicant getting bogged down, then the County would extend time to the applicant.

Mr. Robuck suggested the Board make the time frame involved for six months after approval of the operations plan.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to change the language of the existing Mining Ordinance, on Page 25, Paragraph D, to read six months after approval of the operations plan, rather than within six months of the date the ordinance is adopted.

On a motion by Commr. Swartz, 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), as amended, to allow a sand mining operation on the site.

PUBLIC HEARING CUP#87/8/4-2 &MENDING CUP#87/8/4-2 LAKE

COUNTY BOARD OF COUNTY COMMISSIONERS

Mr. Gregg Stubbs, Director of Development Coordination, gave a brief preview of what had transpired, up to this point, regarding this case.

Mr. Richard Roof, Director of Pollution Control, appeared before the Board and reviewed the Conditional Use Permit, page by page, indicating changes which had been made to the language of the Permit, at which time discussion occurred regarding said changes.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request that, under Section D. Waste Management Plan, Paragraph b., of the Conditional Use Permit, the following language be added: "The permittee shall deliver its manure management plan to the Pollution Control Division within 60 days of the effective date of the Conditional Use Permit.", as well as a request that, in the last sentence of said paragraph, that the Lake County Pollution Control Division be changed to the Lake County Board of County Commissioners.

Discussion occurred regarding the spreading of manure, from the Bronson Farm, at which time Ms. Lustgarten, County Attorney, stated that the Board does not have control over how the manure is disposed of, on property other than Lake County property, as it is not regulated at this time, at which time Commr. Swartz interjected that he did not understand why the County regulates the spreading of sludge, in that they will not allow it to be spread within certain approved areas, however, will not regulate the spreading of manure.

Discussion occurred regarding the matter of inspections of the farm's operations, at which time a motion was made by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, that inspection of the Bronson Farm be made at least once a month, rather than once every three (3) months, until staff determines that monthly inspections will no longer be needed.

At this time, Mr. Roof continued to review the remainder of the Conditional Use Permit with the Board, at which time further discussion occurred regarding same.

Mr. Ken Morris, Attorney, representing Bronson Farms, appeared before the Board and distributed packets containing documents pertinent to this case, for the Board's perusal. He requested the Board to keep the existing CUP, subject to the changes which were noted by Mr. Roof, as it has been demonstrated that it works, as there has not been one cited violation at the farm, since the CUP was enacted. He also stated that he wanted it noted, in the record, that he was filing a complaint for lack of proper notice of the hearings pertaining to this case, due to the fact that no formal notice was given of the Planning and Zoning Commission Meeting, nor was he sure that a public notice had been given for this meeting.

Mr. Morris then touched on the issue of complaints received from local residents of flies biting their children, stating that there are plenty of areas in the County that have conditions capable of creating flies and odors, noting that he feels the Bronson Farm has been singled out, regarding same. He also touched on the issue of a requirement that a bond be obtained, stating that he does not feel it is legal and feels that it is, again, singling out the Bronson Farm. He discussed several other discrepancies he found throughout the amended CUP, stating that there are no standards by which Lake County is governed, in determining whether Bronson Farms does, or does not, live up to its CUP. He stated that, what it does, is put the County, whether it is through the Board of County Commissioners, Code Enforcement, or Pollution Control, in the business of determining what is, or is not, right, when they have no standards to judge themselves. He stated that the amended CUP is not workable practically or legally.

Mr. Stuart Bronson, owner of Bronson Farms, appeared before the Board and introduced Mr. Hal Hickock, with Dow Chemical Laboratories, who would be appearing before the Board in his behalf.

Mr. Hickock appeared before the Board and informed them of his qualifications and background in appearing before the Board on behalf of Mr. Bronson. He stated that he had toured Mr. Bronson's farm on two separate occasions and found good management practices being utilized. He stated that, in his opinion, the facility was a top notch facility.

A brief discussion occurred regarding how the manure was being handled, at which time Mr. Bronson stated that his staff was removing the manure from the chicken houses, every other day, to the end of the building, where it is stored, at which time, once a week, it will be hauled off the premises. He stated that it is plowed over, into a dry area that is lined, the day they do not move it. Mr. Roof stated that his staff had conducted an inspection this date, and found that the manure was being removed from the chicken houses on an every other day basis, as Mr. Bronson had stated, and that it was being removed off site once a week.

Mr. Owen "Sonny" Connors, President of the Florida Agricultural Council, Inc., appeared before the Board stating that membership of the Council was comprised of approximately forty (40) associations, statewide, both agricultural and otherwise. He stated that it was the responsibility of the Council to participate in the budget process of IFAS (Institute of Food and Agricultural Sciences), at the University of Florida. He stated that the Council reviews said budget and formulates it within the Board of Regents guidelines, which they then lobby said budget before the Legislature, either as it stands or outside the Board of Regents' guidelines, if they feel that it does not meet client needs. He stated that a number of years ago a decision was taken to identify, locate, and hire the finest educators and researchers anywhere and bring them into IFAS, which was done, and continues to be done. He stated that, to say the County, regardless of their credentials, is better qualified to determine best management practices, is not only illogical and ludicrous, but is insulting to him, the members of the Council and IFAS, the University of Florida, the Board of Regents, and the Chancellor. He stated that the matter has generated from a matter.of health and safety into a political matter and suggested that the County get out of the egg business and back into the business of County government, and that they should make a personal resolve to see that, in the future, these meetings shall not be used as campaign events, at the taxpayers' expense.

Dr. Donald Sloan, Chairman of the Public Science Department at the University of Florida, appeared before the Board and referred to a problem the farm had regarding flies, stating that the problem had significantly changed, to where it is no longer a problem. He stated that the Bronson Farm was the most regulated poultry operation that he knows of, noting that he has traveled all over the United States, in dealing with his line of work. He stated that, in his estimation, the County is not trying to tell Mr. Bronson how to run his business, but is trying to put him out of business.

Dr. Phil Koehler, Professor of Entomology at the University of Florida, appeared before the Board stating that his staff began working with the Bronson Farm several years ago, at the request of the Board of County Commissioners, to try and help solve the fly problem which was evident at that time. He distributed a couple of charts indicating data which had been generated by the fly population on the Bronson Farm, which he reviewed with the Board. He stated that a portion of the discussion today, regarding flies from the farm biting residents in the area was unfounded, as flies on poultry farms do not bite - that they are similar to house flies. He discussed various other sources he found, in the Mascotte area, which generated flies, other than the Bronson Farm, which he felt should be regulated.

Discussion occurred regarding the issue of the flies, at which time Mr. Koehler answered questions presented by the Board. Mr. Bud Gilbert, Assistant General Manager of the Bronson Farm, and a sixteen year resident of Mascotte (where the farm is located), appeared before the Board stating that he has been associated with four poultry operations in the last twenty years, and has been on the Bronson Farm for the past eighteen months. He stated that, at no time, has he ever been associated with a facility that is as clean, neat and modern as the Bronson Farm. He stated that the Bronson Farm is kept as clean - both inside and out - as is humanly possible. He suggested that, those individuals who are complaining about the farm, should tour the facility and, if so, would find that the accusations being made are not founded.

Mr. Jimmy Martin, a local hay and cattle farmer, appeared before the Board stating that he had toured the Bronson Farm and found the facility to be a clean one. He stated that he is concerned about the broad control over farm enterprises, noting that restrictions have to be applied across the board, not just for certain enterprises. He stated that he feels Mr. Bronson is anxious to live in peace and harmony with the community, and feels that the community needs to work together to come up with something that is mutually acceptable.

Mr. Brian Griffith, employed by the manufacturer of the feeders used by the Bronson Farm, appeared before the Board stating that he has worked with several operations across the country, in his line of work. He stated that he first visited the Bronson Farm in June, 1989, and was very impressed with the maintenance of the complex. He stated that Mr. Bronson and his managers are very concerned about the views of the community and have made every effort humanly possible to involve experts in the State of Florida, regarding poultry farming and related matters, in trying to satisfy all concerns.

Mr. Russell Wright, who works hand-in-hand with the Bronson Farm and has for many years, appeared before the Board stating that his firm sells the larvae (which is used in the feed for the chickens), for the State of Florida, which Mr. Bronson had earlier referred to. He stated that, in 1989, the Bronson Farm purchased 38% of the larvae sold in the State of Florida, which equates to over one-third of the population of the entire State. He stated that he calls on the Bronson Farm monthly and would challenge anyone to find a facility that is cleaner, with less of a fly problem, or less offensive odors than the Bronson Farm.

Mr . Rufus Howell, with Wilson Manufacturing, appeared before.the Board stating that his firm sells a residual fly spray, which the Bronson Farm purchases from them, in trying to alleviate the fly problem. He stated that he travels the southeastern portion of Florida and has found the Bronson Farm to be one of the best managed facilities he has dealt with.

Mr. Ralph Shepherd, a local resident, appeared before the Board, in opposition to the request, stating that he realized the Board had a hard decision to make regarding the Bronson Farm, but that the buck has to stop somewhere. He stated that the Bronson Farm has generated pollution of the environment and aggravation to the local residents, who have had to suffer through said aggravation for the past two years. He stated that the CUP is full of generalities and feels that it needs some precise language.

Ms. Carolyn Doty, a local resident who resides approximately one-quarter mile from the Bronson Farm, appeared before the Board stating that the issue is not to farm, but the right of one man to come into an established community and destroy the lifestyle of more than 600 people. She stated that he is devaluing over $25 million in business and real estate alone. She disagreed with what was stated by the experts, who appeared before the Board, regarding where the flies are generated, stating that the farm is where the flies are coming from. She stated that she thought the County officials were elected to protect the public and to decide what is best for the County, however, feels that they are not doing so.

Ms. Anna Cowin, Lake County School Board Member, appeared before the Board, in opposition to the request, stating that she is aware of the fact that the Board has a very difficult task and feels that they have come up with a very workable solution. She stated that she resents Lake County teachers and school officials being used as political pawns in the Bronson Farm issue. She encouraged the Board to support the stringent regulations and severe penalties for violations of the rules involving the Bronson Farm. She suggested that odor and fly problems be monitored monthly, at a minimum, during the year and weekly during the summer months. She also felt that the issue should be readdressed, with public input, by summer's end of 1991, which would give over a year of data and two year's worth of warm weather information, so that the success or failure of the County's rules could be adequately assessed. She alluded further to what she felt should be done, regarding compliance by the Bronson Farm, and closed by stating that the public has put their trust in the County officials and pray that their decision this date will reaffirm the care and concern the public expects from their public officials.

Mr. Thomas Burns, a local resident of the area, appeared before the Board, in opposition, stating that he has noticed, for the past month, semi-load after semi-load of chicken manure has been stockpiled on two local farms, and now one sees flies in places where they would normally not see flies and is concerned about it. He also mentioned an odor he smells every day, which he presumes comes from the chicken farm, however, could not say for sure.

Mr. Barry Johnson, a local resident, appeared before the Board, in opposition to the request, stating that he lives one-half mile from the Bronson Farm and feels that the flies definitely come from said farm. He stated that a subdivision was under way near the farm, comprised of approximately 190 homes, which was completely shut down due to the chicken farm.

Mr. Roy Hart, a local resident, appeared before the Board, in opposition, and referred to a technical error, in the first paragraph, on Page 2, of the CUP. He stated that the CUP states the Bronson Farm property is located in the Mascotte area, however, noted that it actually adjoins the City of Mascotte and requested that this fact be corrected in the CUP, as he feels when further issues are brought forth regarding the Bronson Farm, this fact will be important.

Mr. Roof, Director of Pollution Control, reappeared before the Board and commented on several matters which were brought up for discussion, from both sides of the issue, such as the fly infestation and the fact that, under duress, the farm does clean up its act and come into compliance. He stated that some of the experts who spoke, on behalf of the Bronson Farm, have not been at.the farm when they have had a bad problem, noting that he has seen the farm at its very best, as well as at its very worst, and has seen some of the problems which the local residents alluded to. He stated that when his staff goes out on a complaint, they make sure that the complaint is a valid one, and have found that all the complaints received regarding the Bronson Farm are valid ones.

Commr. Gregg questioned Mr. Roof as to what means the Board has, other than the amended CUP which he had drawn up, to see that the Bronson Farm remains in compliance, as they presently are, to which Mr. Roof replied that the only means the Board presently has is to bring the matter back before the Planning and Zoning Commission or change the language in the CUP requiring them to be brought before the Code Enforcement Board. Commr. Gregg commented further regarding the matter, stating that he felt there should be some middle ground to allow Mr. Bronson to operate, as he has made an attempt to remedy the problems associated with his farm. He stated that, if it is the goal of this Board to put Mr. Bronson out of business, then they need to do that - they don't need to regulate him out of business.

Further discussion occurred regarding the matter, at which time Commr. Bailey stated that the Mascotte area is a farming community and the people in the audience would not be coming before the Board if there was not a problem. He stated that the residents of Mascotte have asked the Board to help them, and he feels the Board should do just that. He stated that the Board has had input, has received staff recommendations, and feels that it is time they moved forward with a plan to assure the Mascotte residents that they are going to do something to help them.

At this time, Ms. Lustgarten, County Attorney, informed the Board what they can do, legally, regarding the matter, stating that a chicken farm is only permitted in Lake County through the use of a Conditional Use Permit and the Board of County Commissioners clearly has the authority, pursuant to Chapter 125 of the Florida Statutes, to impose any conditions it sees fit in granting that Conditional Use Permit, in protection of the health, safety and general welfare of the public, and in compliance with zoning regulations. She stated that, if it were not for the Conditional Use Permit, the Bronson Farm would not be there, in pointing out the fact that the matter is clearly in the power of the Board and continues to be in their power. She stated that the existing Conditional Use Permit and the management plan, which the farm has been operating under, have been combined into one document, other than some additional conditions which staff has imposed. She stated that zoning is legislatively discretionary, as far as a governing body is concerned, as there is no entitlement to zoning, nor to a Conditional Use Permit, noting that this matter is clearly a zoning grant for a particular permitted use. She stated that, as far as a security is concerned, an alternative type of security could be included, such as a Letter of Credit, a Certificate of Deposit, an Escrow Account, etc. She stated that the purpose of the Performance

Bond, as set out in the Conditional Use Permit, is to ensure compliance with the conditions, which can include costs to the County, in seeking enforcement, under those particular conditions.

Discussion occurred regarding the matter of security, and how it would tie into Code Enforcement, at which time it was noted that language pertaining to the cost of enforcement could be included in the Conditional Use Permit.

At this time, Ms. Lustgarten, County Attorney, stated that language of the Conditional Use Permit, pertaining to security, could read as follows: To insure compliance with the terms and conditions of this Conditional Use Permit, permittee shall include all costs of enforcement, including administrative and public hearings.

A motion was made by Commr. Bailey and seconded by Commr. Swartz to approve CUP#87/8/4-2, as amended, revising conditions pertaining to the Bronson egg processing facility, bringing them into conformity with Lake County Zoning codes and regulations.

Further discussion occurred regarding the matter, at which time the Chairman, Commr. Bakich, called for a vote on the motion, which was carried unanimously.

ORDINANCES/ZONING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that this portion of the meeting was a public hearing on the ordinance amending the "CP" zoning district and the "MP" zoning district. She stated that the way the existing zoning district reads, it requires a site plan to be submitted, for the particular site, in order to get the "MP" zoning. She stated that, up till now, the practice has been that "MP" and "CP" zoning was being granted, without a site plan, and said site plan was coming back at a later date. She stated that the amendment provides for two options - one coming through with a site plan, which specifies the particular use of the site, and the other coming through for general "MP" zoning, or "CP" zoning, without a site plan, which will come forward at a later date, for approval, in the normal manner.

Ms. Lustgarten stated that the Board needed to address, head-on, the way "MP" and "CP" zonings had been permitted, in the past. She stated that C-l, C-2, or M-l uses permitted in that

district were incorporated, however, this is not what the ordinance says, now. She stated that "MP" does not have permitted uses listed in those districts - what the ordinance now says is "...any industrial land uses permitted...", however, the uses permitted are not actually listed in the ordinance - it is a general category for "MP" or industrial zoning on the land - it does not permit those particular uses at this time. She stated that what she alluded to has been the practice for some time, noting that it is not provided for in the Code to rezone to "MP", without a site plan, and permit the M-l uses, or to "CP", and permit the C-l and C-2 uses. She stated that the ordinance, as it is now drafted, is very specific that, if one is coming through with a site plan, the use that is going to go on said site is going to be reflected on that site plan, and if one is not coming through with a site plan, one simply gets that particular zoning, "CP" or "MP", at the time one comes through with a site plan, at which time one will designate what the use is going to be on the property in question.

Discussion occurred regarding what the new practice will be, at which time Ms. Lustgarten, County Attorney, stated that the intent of the "MP" and "CP" districts appears to be that the Board wants the ability to look at the particular use that is going on a particular site, thus, the reason for the general category. If this is not the case, then there is no reason not to rezone for straight C-l or C-2.

Mr. Steve Richey, Attorney, appeared before the Board and noted what procedures one followed, up till now, when applying for an "MP" or "CP" zoning. He stated that, regarding "CP", one came in and zoned "CP", with no uses and no site plan. One then came back before the Board of County Commissioners, through Planning and Zoning, with a site plan and use. Another way one applied for "CP" was that when it was zoned "CP", with C-l or C-2 uses, without a site plan, a list of performance standards had to be attached to that ordinance, and put in place, as conditions, and one of the conditions of said "CP" was that it did not come back before the Board of County Commissioners or back before Planning and Zoning, but that staff evaluated it, through the site plan review process, to insure that the criteria of the performance standards were met. He stated that a third way was that one could apply for "CP", with C-l or C-2 uses, without a site plan, and put all kinds of criteria in it, if one wanted to, however, the ordinance presently before the Board, this date, requires one to go back to a full hearing process before Planning and Zoning and then come back before the Board. He stated that it would appear that there would be a whole lot of instances, when one could set forth performance standards of why one would put C-l and C-2 uses, as a condition of the "CP", and not have to have it come back before the Board. He stated the reason "CP" was invented was to be able to put performance standards on conditions, noting that this ordinance does not allow one, if all the performance standards are in place, to go straight to the site plan review process - one would have to come back before the Board.

Mr. Dan Robuck, Attorney, appeared before the Board and stated, with the way the ordinance is going to be changed, the length of time required for a particular project involves more time.before one can start their project, than what one could, in the past, have ordered the necessary material and had the project completed, thereby, constricting the ability of business to have a quick and competitive market.

Further discussion occurred regarding the issue, at which time it was the consensus of the Board to postpone action regarding the ordinance amending "CP" and "MP" zoning districts, at this time, and continue the discussion at the Board Meeting of June 5, 1990, at 10:00 a.m., noting that it would be a continuance of the public hearing.

There being no further business to be brought to the attention of the Board, the meeting adjourned.

MICHAEL J. BAKICH, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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