BOARD MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 15, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, May 15, 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; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; Robert F. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant #120617 through Warrant #120862, for the following accounts:

General Revenue Countywide Fire District

County Transportation Trust Fine & Forfeiture

Countywide Library Miscellaneous/Gas Fund

Road Impact Landfills

Capital Outlay Bassville Fire District

Animal Shelter Trust Fund South Lake Fire District

Mosquito Control Private Industry Council

Northwest Fire District Mt. Plymouth Fire District

Aquatic Weed Paisley Fire District

Pasco Fire District Revenue Sharing

Emergency 911 Fund Section 8

Northwest Ambulance Northeast Ambulance

Criminal Justice Trust Fund

Bonds - Contractor

Cancellation of Contractor Bond #4714-90, Myron D. Deetz

Accounts Allowed/Courts-Judges

Satisfaction of Judgments, as follows:

a. Case No. 142-CJ, Christopher David Jones, Juvenile; Curry Jones, Parent, in the amount of $50.00.

b. Case No. 89-615-CJ, Ellian C. Cosby, a/k/a Juvenile; Crystal Russell, Parent, in the amount of $50.00.

c. Case No. 80-937-CJ-A-01, Phillip Allen Beach, Juvenile; Marvin W. Beach, Parent, in the amount of $150.00.

d. Case No. 1212-CJ, Shindanda Faniel, Juvenile; Audrey Maxwell, mother, in the amount of $50.00.

e. Case No. 90-237-CJ, James Vaughn, Juvenile; Victoria Vaughn, Parent, in the amount of $50.00.

Accounts Allowed/Assessments/Subdivisions

Satisfaction of Assessment Liens, as follows:

Mount Plymouth:

Linda V. Baron $1,517.98

John R. Franks 727.54

John R. Franks 555.19

Astor Forest Campsites:

Frank & Virgie Sturms $1,281.24

Frank & Virgie Sturms l,281.24

Frank & Virgie Sturms 2,348.95

Nancy L. Jones 1,230.77

Elsie L. Langdon 1,309,37

William W. Gramzinski 939.85

William A. Gramzinski 926.76

Paul M. & Opal S. Cook 504.91

William & Mary McGinnis 1,362.00

Rebecca W. Williams 1,432.61

Clyde A. & Clara R. Murrell 1,156.25

Robert E. & Vivian Stevens 1,144.89

Jack W. & Pattie Patterson 874.98

Leslie & Frances D. Barnes 1,715.56

Lester Ray & Carole Ann Oldlaker 4,843.53

Fred & Gloria M. McKeeton 1,739.70

John H. & Stella Sterthaus 1,739.70

Keyton N. & Claudine Ryals 483.25

Robert E. & Shirley Lee, Jr. 1,481.74

John A. & Carol A. Day 1,516.94

Haines Creek Heights:

Randall Lynn Harvey $ 889.81

Randall Lynn Harvey 889.81

Sorrento Ranchos:

Curtis W. & Billie F. McNeill $3,171.12

Sorrento Shores:

S & K Realty subject to an agreement

for deed in favor of Charles A. &

Dorene L. Poe $2,647.66

St Johns-Manhattan:

Kathern B. Harper $1,509.84

For Your Information

Florida Public Service Commission, Notice of Hearing May 11, 1990, at 9:30 a.m., Tallahassee, Florida, regarding a Petition of Florida Power Corporation for Resolution of Territorial Dispute with Tampa Electric Company.

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/FINANCE/JAILS

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to transfer $6,725.00 to fund Finance Clerk for the remainder of the fiscal year from General Fund Contingency to Clerk of Courts, Finance Department, in regards to jail transition staffing.

ACCOUNTS ALLOWED/BIDS/JAILS

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for exemption to competitive bid process for remodeling of judicial area by Barton-Malow, at a cost of $6,175.49.

COMMISSIONERS/FINANCE/JAILS/RESOLUTIONS

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for adoption of a Resolution authorizing the establishment of two checking accounts, in the name of the Board of County Commissioners of Lake County Inmate Trust Fund and Prisoner Bond Account, on May 16, 1990, at 12:01 a.m.

MINUTES

The Board postponed action on the Minutes of April 17, 1990, and May 1, 1990, in order to allow time to completely review the material.

COUNTY EMPLOYEES/PLANNING DEPARTMENT

Mr. Greg Stubbs, Chief of Development Coordination, introduced to the Board Ms. Victoria Lara, Planner II, who has recently been employed by Lake County.

COUNTY MANAGER'S CONSENT AGENDA

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

Planning & Development/Subdivisions

Request for preliminary plat approval of Pennbrooke,

Phase 1-D.

Planning & Development/Subdivisions

Request for preliminary plat approval of Edge Hill Estates.

Accounts Allowed/Subdivisions

Request to release an Irrevocable Letter of Credit, in the amount of $7,700.00, for maintenance in Integrity Acres Subdivision.

Accounts Allowed/Subdivisions

Request to release an Irrevocable Letter of Credit, in the amount of $6,162.00, for maintenance in Trimpi Place.

Road Closings - Permission to Advertise

Request to advertise Road Vacation Petition No. 602, by Montverde Groves, Inc., to vacate right-of-way, Montverde Area.

Request to advertise Road Vacation Petition No. 603, by Betty M. Hughes, to vacate road, Sorrento Village, Eustis Area.

Request to advertise Road Vacation Petition No. 605, by Marian McKinney, to vacate roads, Lisbon Area.

Request to advertise Road Vacation Petition No. 606, by H. D. Robuck, Jr., to vacate utility easements, Pennbrooke, Leesburg Area.

Right-of-Ways, Roads & Easements

Request to accept the following non-exclusive easement:

Charles W. Stum and George Barton - Robbins Road

Deeds/Roads-County & State

Request to accept a Quit Claim Deed, as follows:

William Baker - Bates Avenue #4-5771

Deeds/Right-of-Ways, Roads & Easements

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

For Lot Approval:

Langley Groves, Inc. - Johns Lake Rd. #3-1158

For Road Project:

Trustees of the John F. Ervin Intervivos Trust, Thomas Boat Landing Road - #5-7940.

Trustees of the John F. Ervin Intervivos Trust (Right-of-way in Marian County), Thomas Boat Landing Road - #5-7940.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/COUNTY POLICY

Mr. Al Thelen, County Manager, discussed the proposed contract with Tom Grizzard, Inc., for the service of James Miller, for negotiations on land acquisition relating to Site K, as the location of a future sanitary landfill. Mr. Thelen stated that two appraisals had been done on the property, with a review appraisal being made. At this time, Mr. Thelen reviewed several of the conditions contained within the proposed contract.

Commr. Gregg made a motion, which was seconded by Commr. Windram, to approve the proposed contract, as stated above.

Under discussion, Ms. Annette Star Lustgarten, County Attorney, informed the Board that there is a typographical error on Page 2, Section 3, and should be corrected to read "...purchase of four (4) parcels...".

Commr. Swartz stated that he felt the Board was making a decision to go outside of the County staff to negotiate this type of land acquisition, and if this decision is made, he suggested that this be done in such a way that other interested individuals can make proposals for this type of service.

Mr. Thelen stated that it was the desire of Ms. Annette Star Lustgarten, County Attorney, and himself, to hire a professional to perform this type of service for the County. He stated that he interviewed Mr. Jack Prickett and Mr. Jim Miller, and recommended Mr. Miller be hired under the contract before the Board.

Commr. Swartz reiterated his statement above that all individuals interested should be allowed to submit proposals to be considered for such services.

Mr. Bob McKee, Chief Deputy, stated that, from the finance standpoint, those services that are rendered to the County that exceed the $6,000.00 policy cap for professional services, should be formally exempted by the Board from the bid process, based on the existing 1977 County policy.

Commr. Bakich called for a vote on the motion, with the motion being carried. It was noted the motion included the exemption to the bid process, if it conforms with the current policy.

Commr. Swartz voted "no".

COMMITTEES/RESOLUTIONS/ENVIRONMENTAL SERVICES

PLANNING & DEVELOPMENT

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the Resolution establishing a Mining Ordinance Review Committee.

ACCOUNTS ALLOWED/HEALTH & GENERAL SERVICES/WELFARE DEPARTMENT

Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board to discuss the request to purchase one four-door mid-size sedan, for Welfare Administration, at a cost not to exceed $12,000.00. Mr. Strickland stated that, currently, the employees are using private vehicles, with the County paying the mileage from budgeted funds. He further stated that the request is for a "pool" car.

Commr. Swartz suggested that the County continue to pay the mileage rate until a thorough review has been made pertaining to the need and necessity for vehicles, for each County department.

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, suggested that the Board authorize the purchase of the vehicles being requested today (a total of three), because of the necessity, and being previously budgeted. She stated that she has sent a request to all department heads to identify all employees who take vehicles home. She further stated that, once the information has been compiled, it will be supplied to the Board for review.

Commr. Windram stated that he would like a comparison made on the number of vehicles the County utilized three years ago, in relation to the present.

Ms. Anderson stated that an inventory of vehicles has been reviewed, with the determination being made that the County does not take advantage of the system, and are driving vehicles with

over 100,000 miles on them. She stated that this will also be presented to the Board in report form during the budget process.

Commr. Bakich stated that he would be interested in having the survey before the Board continues to approve the requests being made at the present time.

Mr. Don Findell, Director of Environmental Services, stated that he did not feel that the reimbursement of 20 cents per mile pays for the wear and tear on the individuals private vehicle.

Ms. Anderson stated that, after extensive research, she suggested that the County allow her to develop a vehicle replacement program.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase one four-door mid-size sedan, for Welfare Administration, at a cost not to exceed $12,000.00

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept and authorize Change Order #1 to project #3-90, Countywide Resurfacing, in the amount of $8,617.45.

COUNTY ATTORNEY'S MATTERS

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL

SERVICES/LANDFILLS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that she has taken over the Resource Recovery Project, in its entirety, and will be advising Mr. Chris Ford that she will be assuming all responsibility of the project, and will do so in letter form. She stated that Mr. Ed Sledge, Bond Counsel, is still on retainer, who she will be consulting with on a regular basis, as needed.

COMMITTEES/PLANNING & DEVELOPMENT

Commr. Gregg made a motion, which was seconded by Commr. Bailey, to approve the appointment of Mr. Frank Bouis to the Executive Advisory Committee for the Comprehensive Plan.

Under discussion, the Board reviewed the resignation of Mr. Wilson Sheppard from the Executive Advisory Committee.

The Chairman called for a vote on the motion, with the motion being carried unanimously.

COMMITTEES/ZONING

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the reappointment of Mr. Matthew Rice to the Lake County Board of Zoning Appeals.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the reappointment of Mr. Edward Bergman, Jr. to the Lake County Board of Zoning Appeals.

LAWS & LEGISLATION

Commr. Bailey informed the Board that, after traveling to Tallahassee, Florida, he stated that the issues regarding trust funds and workmen's compensation have passed in the House and are now in the Senate for consideration.

Ms. Jean Kaminski was present to discuss the above issues and some of the language contained within the proposals being presented to the Legislature.

RECESS & REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would recess until 10:00 a.m., for the public hearings on road vacations.

ROAD CLOSINGS - PUBLIC HEARINGS

PETITION NO. 572 - Dockery & Johnson - Groveland Area

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request for a road vacation, Petition No. 572 by C. C. Dockery and Charlie Johnson Builder, Inc., to vacate road rights-of-way and a portion of recorded plat of Groveland Farms, Groveland Area, as advertised.

PETITION NO. 601 - Solby, Inc. - Clermont Area

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a road

vacation, Petition No. 601 by Solby, Inc., William N. Hartsfield, President, to vacate a dedicated easement, Clermont Area, as advertised.

RECESS & REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess until 2:00 p.m., for rezoning.

ZONING - PUBLIC HEARINGS

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the withdrawal of the following:

#23-90-5 Edwin & Merlene Young

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to postpone the following:

#37-90-2 Daniel T. Gooden, et al 30 days

#43-90-1 Ronald Cumming 60 days

At this time, Mr. Greg Stubbs, Chief of Development Coordination, explained the reasons for the postponement on Case #43-90-1. He stated that the original request was for rezoning to RMRP, for a residential mobile rental park, with the applicant stating that they would rather have a Conditional Use Permit (CUP) for storage purposes. Therefore, the request is going back to be readvertised through the Planning and Zoning Commission and public hearing process, to be brought back before the Board. Mr. Stubbs stated that he thought it would be more practical to hear both cases at the same time.

PETITION CUP#90/3/8-4 CUP in AR Elizabeth Salter

Mr. Thomas Dougherty appeared before the Board in opposition to the request. He stated that he was of the impression that Ms. Salter was going to have a mail order flower business only. At this time, he presented the Board with photographs of buses and other transportation going in and out of her property. Mr. Dougherty stated that he was concerned with the amount of traffic on a dead end street, in relation to the safety and welfare of the children within this area.

Commr. Windram stated that he visited the property on several occasions, and that only fertilizers are used, and no pesticides or insecticides. He further stated that there will be no construction of greenhouses, and that the request is for a CUP, which can be revoked. Commr. Windram stated that he felt the flower business would be an asset for an area which has horses.

Mr. Dougherty stated that Ms. Salter does not have a license for her business.

Ms. Marie Baker appeared before the Board in opposition to the request. She stated that she was opposed to the additional amount of traffic in this area, and that she has seen more pipes being delivered to the applicant's place for additional sprinklers, which indicates more growth on the property.

Mr. Adam Siler appeared before the Board in opposition to the request. Mr. Siler discussed the wildlife in this area, and stated that there has been a considerable amount of traffic in this area within the past month. Mr. Siler stated that there are pipes being placed for the sprinklers, which he indicated were constantly on. He further stated that he chose this area to live because there are no nurseries.

Ms. Annette Star Lustgarten, County Attorney, stated that, in order for Ms. Salter to get her license for business, she had to apply for a CUP.

Mr. John Williams appeared before the Board in opposition to the request. He stated that he has small children in the area, which require more supervision, due to the additional traffic in the area. He further stated that, since Ms. Salter has lived in the area, the property is losing its value.

At this time, Mr. Siler commented on the trash being burned by Ms. Salter.

Mr. Buzz Bowen, Attorney representing Sandra and Bruce Kingsbury, appeared before the Board in opposition to the request. He stated that the objection is the commercial traffic and the hired labor traveling on a private dead end road.

Commr. Windram made a motion to amend Section C., under terms, to read "No greenhouses allowing wholesale sales...".

Commr. Gregg questioned the elimination of the bus traffic, and stated that he has a problem with Greyhound buses traveling down a residential street, but has no problem with a flower farm.

Commr. Windram stated that he would like to amend his motion to include the prohibition of tour buses, with Mr. Stubbs stating that the necessary language could be formed to comply with the proposed amendment.

Commr. Gregg seconded Commr. Windram's amended motion.

Mr. Bowen stated that there are other concerns, including the number of employees and a parking space being provided for each employee.

Commr. Swartz stated that he felt there are other AR zoning areas where the request for a CUP would be more appropriate. He stated that the flowers are not the problem, but that the commercial business is in a residential area. He further stated that he would vote against the request because of this.

Discussion occurred regarding the Board being presented with the idea that this would be strictly catalog sales, and the possibility of limiting the number of employees.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved for Section E., under terms, be amended so that the requirement for offstreet parking be eliminated, and that the CUP state that the enterprise will not allow commercial entry into the property, and that parking be provided for a maximum of two employees to be involved with the enterprise.

Commr. Bakich discussed restricting the enterprise to catalog sales only, with Commr. Swartz suggesting that such language be added to Section E., and Ms. Lustgarten offering a provision for only mail order sales to be permitted.

Ms. Lustgarten stated that the CUP does not contain language regarding revocation, and suggested adding a provision that

provides that violation of the conditions set forth herein shall be the basis for revocation of the CUP.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to add to the CUP a provision, as stated above by Ms. Lustgarten, regarding the revocation of the CUP.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board approved the original motion, as amended, regarding no greenhouses and prohibiting bus traffic.

Commrs. Bailey and Swartz voted "no".

PETITION CUP#616-3 Amend MP & CUP#616-3 Danis Ind. Inc.

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board to present the history of this particular case regarding a borrow pit to be used for a landfill for construction and demolition debris.

Ms. Bonifay presented for the record the following documents to be reviewed by the Board:

Exhibit 1 - Letter from the Florida Department of Environmental Regulation dated December 12, 1989, regarding permitting.

Exhibit 1A - Preliminary Report of Task I Findings Soil and Groundwater Investigations West Highway 50 Construction/Demolition Debris Disposal Facility, Lake County, Florida, Hildebrand-Sims & Associates, Inc., prepared for Danis Industries Corporation, May 15, 1990.

Exhibit 5 - Affidavit from Wayne E. Cater, dated May 8, 1990.

Exhibit 5-l - Affidavit from Frank D. Hodge, dated May 14, 1990.

Exhibit 2 - Memorandum dated May 2, 1990, to Don Findell and Richard Roof, from Walter D. Wood, regarding Danis Landfill Inspections.

Exhibit 3 - Memorandum dated May 8, 1990, to the Board of County Commissioners from Don Findell, Environmental Service Director, regarding the Danis Industries CUP Application.

reclamation plan will have to go back for approval along with the site plan. She further discussed one of the conditions, which suggested that the County place one of their employees on the operation in essence to monitor or run a private landfill, which her client does not feel is in the best interest of the County or her client. At this time, she discussed the liability involved with this proposed condition.

Mr. Dave Griner, adjacent property owner, appeared before the Board and stated that he felt that all issues of concern had been brought before the Board and staff, including the history of the applicant, and questioned the process used in monitoring the depth of the borrow pit once it is filled in; trees being planted in the buffer zone between the residential area and the borrow pit; the security fence to be placed around the borrow pit; the time frame to be considered before a structure can be built on the borrow pit property. At this time, the Board and staff responded to his questions.

Ms. Carla Maxwell, property owner located behind the borrow pit, appeared before the Board and discussed the cooperation she had received from Mr. Kelly, regarding his responsiveness to her mother's problems in relation to her pool, and who did everything possible to correct the problem, at that time. Ms. Maxwell then discussed the requests that Danis Industries had made regarding not being liable for any problems that may occur to her mother's property. She then discussed the repairs that were made to her mother's eight foot fence. Ms. Maxwell stated that she wanted to see whatever was constructed in this area to be safe, and that she has no problems with the filling in of the pit with demolition and construction debris.

Ms. Jenny Rogers, resident of the area, appeared before the Board and questioned the procedures she would use, should illegal dumping occur, and the additional bond required of the applicant, should there be contamination to the wells. Ms. Rogers stated that

she had no problems with the request, if the applicant abides by all regulations being proposed.

Ms. Bonifay presented an explanation of the previous concerns and conditions expressed by the local residents. She stated, though, that she was not familiar with any requirement for a bond, if there is a contamination problem.

Mr. Don Findell, Director of Environmental Services, discussed the contamination agreement for the Astatula Landfill, which consists of providing a potable water supply source at no cost to the surrounding property owners.

Commr. Gregg stated that he felt there should be no problem with Danis Industries adding additional language to the conditions, that state, due to actions caused by Danis Industries in this pit, they will supply another water supply, if the water becomes contaminated.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to strike the condition to place a bond for contamination, as recommended by the Planning and Zoning Commission, and to include a provision to indicate, that should contamination occur to the drinking wells, as a result of the landfilling of construction debris and others in the landfill, that Danis Industries will provide for the contaminated wells, potable water, at the expense of Danis Industries.

Commr. Swartz suggested that the residents have their wells checked, in order to monitor the condition of their wells. He stated that there will be monitoring wells on site.

At this time, Ms. Lustgarten offered the following language:

In the event the total water supply on the adjacent properties is contaminated by the operation of the borrow pit permitted herein, Danis Industries shall assume all responsibility for providing potable water to those adjacent property owners.

The Chairman called for a vote on the motion, to contain the language as presented by Ms. Lustgarten, with the motion being carried unanimously.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to add the following language to the Reclamation Standards in the CUP, as indicated in Exhibit 8:

The operation phasing to fill the existing pit with construction and demolition debris will start with the area along the west property line. This area will be filled first to avoid erosion to the existing steep slopes along the property line. Once the west bank has been stabilized, the next phase will be to bring the south end of the pit up to the natural grade, the south and east property lines, which border the residential areas, will be the area which be reclaimed and forced to upland to provide the maximum buffer possible between industrial uses and the adjacent zoning. The pit will be filled in lifts with the filling of one lift compressing the previous lift.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to amend the portion of the CUP conditions relating to hours of operation, to indicate the hours of operation to be 7:00 a.m. to 6:00 p.m., Monday through Friday.

Under discussion, Commr. Bakich stated that most of the landfills in the County are open on weekends.

Ms. Bonifay stated that her client needs at least one-half of Saturday, in order to accommodate small contractors and builders.

Commr. Swartz stated problems with the area of dumping in relation to property lines, and amended his motion to include that, on Saturday, no demolition debris, or construction debris, at this site can be dumped closer than 150 feet to any residentially zoned property line during the hours of operation from 8:00 a.m. to twelve noon.

Commr. Bakich called for a vote on the amended motion, with the amended motion being carried unanimously.

Commr. Swartz discussed staff being on the site for monitoring purposes, and had suggested to the applicant, that in lieu of a full time County employee monitoring during all of the hours of operation, that, for those hours of operation, the County have staff monitor the dumping, with Danis Industries being responsible to pay the cost for that staff time.

Commr. Swartz made a motion to approve, during those hours where the County staff is on site, under the provisions, and with proper notification, Danis Industries be billed for an hourly rate to cover that cost of the employee, while that employee is performing the duties of monitoring the dumping.

Commr. Bailey stated that he would second the motion, but would not support it. He stated that, if the Board felt that there are these types of concerns to be considered, the request need not even be approved.

Ms. Lustgarten stated that she felt this would be regulatory enforcement rather than business participation.

The Board called for a vote on the motion. The motion died with Commrs. Bakich, Bailey, Windram and Gregg voting "no".

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the request to amend MP and CUP#616-3, for landfill for construction and demolition debris to the existing borrow pit, as amended by the Board.

Commr. Bailey voted "no".

PETITION #209-89-1 R-1-15 to RR Doug Snook

No one present wished to discuss the 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 the request for rezoning from R-1-15 (Residential Estates) to RR (Rural Residential) for residential construction.

PETITION #15-90-5 A & AR to RR and RE George Graham, Jr.

Lake Yale Properties, Inc.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that the legals run together and have been advertised in this manner. Mr. Richey also discussed the fire structure necessary to accommodate the development.

No one wished to speak in opposition to the request.

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 the request for rezoning from A (Agricultural) & AR (Agricultural Residential) to RR (Rural Residential) and RE (Rural Estates), for single-family residential development.

Commr. Swartz voted "no".

PETITION CUP#90/3/7-2 CUP in A Claude Godwin

Mr. Greg Stubbs, Chief of Development Coordination, recommended that the Board postpone this request, or deny it without prejudice. He stated that reports had been made of approximately 120 owners of the property.

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

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and deny the request for a CUP in A (Agricultural), for the creation of a 60 +/-acre lake for future water related passive activity.

Commr. Windram requested that the record reflect that the applicant was not present, in order to discuss the discrepancy of ownership.

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

PETITION #54-90-4 RA to PFD Norma Assenza & Yeuell Watkins

No one present wished to discuss the 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 denied the request for rezoning from RA (Ranchette) to PFD (Public Facilities District) for an Adult Congregate Living Facility.

PETITION #47-90-4 C-1 to CP James & Anne Drennen

No one present wished to discuss the 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 the request for rezoning from C-1 (Rural or Tourist Commercial) to CP (Planned

Commercial) for existing retail sales and service to include specialty feeds/animal needs.

PETITION #127A-86-3 Amend CP Ord. #54-86 Darrell and

Jacqueline Hubbard

Ms. Debbie Stivender, representing the applicant, appeared before the Board to discuss the request. Ms. Stivender stated that the applicant currently has a CP zoning for an existing retail feed and seed store and mobile home, and would like to amend the existing CP for a real estate office, which will be utilized within the existing structure.

Ms. Frankie Thorpe appeared before the Board in opposition to the request. Ms. Thorpe stated that this would be a commercial business, which is not compatible with the existing uses in the area. She felt that, should the Board approve the request, it would be setting a precedent, and would become a future conflict in zoning in this area. Ms. Thorpe stated that she took a poll of the neighbors, with eight of them opposing the request.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, for the Board to overturn the recommendation of the Planning and Zoning Commission and deny the request to amend CP Ordinance #54-86, to add a real estate office to the existing retail feed and seed store and mobile home.

The motion died with Commrs. Bakich, Gregg, and Windram voting "no".

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 the request to amend CP Ordinance #54-86, to add a real estate office to an existing retail feed and seed store and a mobile home, which shall be occupied by family members only.

Commrs. Swartz and Bailey vote "no".

PETITION #48-90-3 A to AR Gary & Joanne Elefante

No one present wished to discuss the 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 approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for the construction of two residential building sites.

PETITION #49-90-3 A to AR Irving J. Ladd

No one present wished to discuss the 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 the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for the construction of two 2 1/2 acre building lots.

PETITION #50-90-3 A to CP Charles E. Bosserman, Jr.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, for the Board to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-2 (Community Commercial) uses, with the exception of commercial kennels and/or veterinary clinic.

Mr. Jorge Quiroga, adjacent property owner, appeared before the Board to question the limitations on the setbacks and buffering.

Mr. Greg Stubbs, Chief of Development Coordination, stated that no stringent buffering requirements were set on the request, but the applicant would be required to meet the County's current landscaping regulations.

Mr. Don Tracy, representing the applicant, appeared before the Board and stated that the intent of the request is a commercial endeavor for a convenience type store, in an area where there are other commercial businesses. He stated that he did feel there would be a problem in placing a buffer on the back lot line.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved, as an additional requirement under the conditions of Buffering/Screening, a minimum setback

from the rear property line be 50 feet, and a minimum of a ten foot buffer.

The Chairman called for a vote on the original motion, with the Board unanimously approving the motion, as amended.

PETITION CUP#90/4/3-2 CUP in A Audrey P. Newman

The applicant was present in the audience, with no one appearing in opposition to the request for rezoning.

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 the request for rezoning for a CUP in A (Agricultural), for temporary storage and processing of railroad ballast being reclaimed from railroad property, with a time limit of one year.

Commr. Gregg was not present for the vote.

Mr. Newman, applicant, appeared before the Board and stated that he felt he needed more than one year, and requested three years.

Mr. Greg Stubbs, Chief of Development Coordination, stated that, if the Board approves to amend the time, the applicant should be requested to come in and apply for an extension, in order for staff to review.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved to reconsider the previous motion.

Commr. Gregg was not present for the vote.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the request for a CUP in A (Agricultural), as stated above, with a time limit of one year, with a one year extension, after staff review.

Commr. Gregg was not present for the vote.

PETITION #46-90-2 A to AR Oscar Roper

No one present wished to discuss the 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 the request for rezoning from A

(Agricultural) to AR (Agricultural Residential), for the construction of residential homesites.

Commr. Gregg was not present for the vote.

PETITION #45-90-2 A to AR Calvin C. Lee

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for future residential homes.

Commr. Gregg was not present for the vote.

PETITION #53-90-1 RR to ER Claron & Arlene Wagner

Ms. Debbie Stivender, representing the applicant, was present to discuss the request.

No one appeared in opposition to the request.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to ER (Estate Residential), to subdivide into five one-acre parcels.

Commr. Gregg was not present for the vote.

PETITION CUP#498A-1 Amend R-l-7 + CUP#498-1 Church of God

Youth Center

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

On a motion by Commr. Swartz, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend R-1-7 + CUP#498-1, to add a mobile home for security purposes.

Commr. Gregg was not present for the vote.

PETITION CUP#90/4/4-4 CUP in RMRP James E. Conner

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that staff had received three letters today in favor of the rezoning request.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. He presented the Board with a proposed site plan, which will accommodate RV's and allow more trees and vegetation on the lake front. Mr. Richey stated that he would have no problem submitting a replant plan, as one of the conditions, to the shores of Lake Saunders, in order to reestablish the vegetation. He further stated that, by placing 80-90 RV's on the property, instead of 70 mobile homes, this would allow approximately 30% more taxing for Lake County. Mr. Richey stated that he had received letters from the Condominium Association next door, and the residents across the street, that support the request. He further stated that this proposed use environmentally saves trees, pays more impact fees, and more taxes.

Ms. Susan Papalla appeared before the Board in opposition to the request. Ms. Papalla stated that she would prefer mobile homes, rather than RV's, in her backyard. She further stated that, if an RV park is placed here, the traffic will increase on Old Highway 44l and Bay Road. Ms. Papalla discussed the situation on Lake Saunders, in relation to boating, and stated that she would prefer to have a controlled environment.

Ms. Violet Becker appeared before the Board in opposition to the request. She stated that she has been a resident on Lake Saunders for twelve years and lives in a mobile home park. She stated that the project will create a traffic problem on the small two-lane road. She further stated that Lake Saunders was appraised five years ago and is one of the top three cleanest lakes in the County.

Mr. Richey presented national statistics on RV parks, and stated that RV parks generate, based on traffic information available, less trips of traffic than other types of retirement communities.

Commr. Bakich discussed projects that have been constructed by Mr. Stewart, and stated that his projects are in keeping with the natural environment and surroundings.

Commr. Windram made a motion, which was seconded by Commr. Gregg, for the Board to overturn the recommendation of the Planning and Zoning Commission and approve the request for a CUP in RMRP (Mobile Home Rental Park Residential), for an RV Park, with the amendment to establish a satisfactory water retention system along the lake.

Under discussion, Commr. Gregg expressed his satisfaction to the setbacks and buffering along the lake front that the applicant was proposing, in order to protect the environment.

Commr. Swartz stated that he did not feel that the area is the proper location for an RV park, mainly because of the transportation concern, and the area being surrounded by single family housing.

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

Commr. Swartz voted "no".

PETITION #8A-90-3 A to PUD Magnolia Service Corp.

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that there were two acres that were left out of the original PUD.

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

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 the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), and waiver of Section 70.281 to allow septic tanks on lots less than 12,500 square feet; waiver of Section 70.290 to allow setbacks of 15 feet from the side lot line abutting any intersecting street for lots greater than 75 feet wide; and to add land.

Commrs. Swartz and Bailey voted "no".

PETITION #55-90-3 A to C-1 and R-1-7 Maury L. Carter, et al

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request for an RV park to serve transient people in the Disney area.

No one appeared to speak in opposition to the request.

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 rezoning from A (Agricultural) to C-1 (Rural or Tourist Commercial) and R-1-7 (Urban Residential), for the construction of single-family residences and commercial uses for an RV park.

PETITION CUP#90/4/5-3 CUP in C-1 Maury L. Carter

No one appeared in opposition to the request.

Mr. Steve Richey, Attorney representing the applicant, was present to discuss the request.

PETITION 87A-85-2 DRI/DO for PUD H. Smith Richardson

c/o Plantation at Leesburg

Mr. Greg Stubbs, Chief of Development Coordination, presented the Board with a revised proposed ordinance for review.

Mr. John Rinehart, Glatting, Lopez, Kercher & Anglin, representing the applicant, was present to discuss the request.

Mr. Rinehart presented the history that precedes the development of the request being made today, beginning in l974, as Oxford Estates. He stated that the request today is part of the original project approved in l985, for Plantation at Leesburg. He stated that, in l974, the original project had 6,000 dwelling units, which has now been reduced to 3,l35 dwelling units, which is 2.9 units per acre rather than 3.29 units per acre, which is approximately a 33% decrease in the gross density of the project. The project is proposed in four phases, at which time, Mr. Rinehart elaborated on the acreage and construction that will take place in each phase.

Mr. Rinehart stated that wildlife surveys have been prepared, with a number of species being identified, but with the most attention being given to the gopher tortoise. One of the condi

tions, that the project has been committed to, is to preserve the habitat area. Mr. Rinehart discussed the gopher tortoise and the areas on the property where they have been identified. He stated that extensive negotiations have occurred with the Florida Fresh Water Fish and Game Commission, in regards to the issue of preservation of the gopher tortoise, with the applicant agreeing to set aside 25 acres on the west side of the Palatlakaha River. He further stated that discussion occurred on different occasions with the staff of the East Central Florida Regional Planning Council, who requested that 25%, or l43 acres, be set aside. Mr. Rinehart further stated that Fish and Game indicated that an error was made when 25 acres was quoted, and instead requested that 86 acres be set aside. He stated that a compromise was made to set aside 55 acres, and stated that he has not received anything formal in writing from any of the other reviewing agencies, to reflect that 55 acres is not sufficient. At this time, he presented the location of the 55 acres, which would consist of 37 acres in the southwest, including the riverine buffer along the Palatlakaha; 9.6 acres on the north end of the site; and 7.6 acres on the east side of the site. He further discussed other areas that the County may wish to consider to preserve.

Commr. Swartz referred to a letter that the Florida Game and Fresh Water Fish Commission sent to the East Central Florida Regional Planning Council, in regards to re-evaluating its positon concerning the large population of gopher tortoises residing on the Plantation at Leesburg project site. Upon re-evaluating its position, the Fish and Game Commission recommended preserving 15% of the site, which was approximately 86 acres of habitat, which would consist of a single contiguous tract with as much native habitat as possible. This preserve should also be isolated and positioned from adjacent development to the greatest extent possible.

ORDINANCES/PLANNING & DEVELOPMENT

At 5:05 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance amending zoning regulations with regard to boat docks and ramps.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that this was the first of two public hearings on the proposed ordinance, and the Board, if it agrees to postpone it, should do so for a time certain.

Mr. Al Thelen, County Manager, stated that this issue should not be postponed any longer than necessary, due to the question of the County having a moratorium on boat docks and ramps.

Ms. Cecelia Bonifay, Attorney, stated that the County has declared an illegal moratorium, and is not processing the permits, which is a concern and challenge by her client.

Discussion occurred regarding zoning in progress, with the understanding that the Board is relying on its Attorney's legal opinion.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the public hearing on the proposed boat dock and ramp ordinance until May 21, l990, at 6:00 p.m.

PETITION 87A-85-2 DRI/DO for PUD H. Smith Richardson

c/o Plantation of Leesburg (CONTINUED)

The Chairman announced that the meeting would reconvene on the issue of the Plantation at Leesburg.

Mr. Rinehart stated that the applicant would like to propose the following two amendments to the Development Order, as follows:

l. Page 6, Section J - Request deletion of Section J and substitution of the following:

submit such plan for review to the County and the Florida Game and Fresh Water Fish Commission within six (6) months of the date thereof. Further, no development permits shall be issued with regard to said habitat area prior to finalization of such management plan. If the Regional Planning Council adopts rules or policies addressing gopher tortoise mitigation that would allow an alternative response to this loss, then the Applicant may request that such rules or policies be applied as an alternative to the requirements of this condition.

2. Page 17 - Request addition of a new Section I, as follows:

l. Release from Obligations. The County agrees that the obligations of the Applicant hereunder may be assigned by the Applicant to purchasers of parcels within the Property. In the event of such an assignment, only the affected parcel shall be subject to the obligations so assigned and the balance of the Property shall be released therefrom. Further, the Applicant may specifically assume obligations hereunder and release specific parcels of the Property from such obligations. The County agrees to evidence such assignment or assumption of obligations and release of property therefrom, in writing, from time to time upon request by the Applicant.

Ms. Lustgarten stated that she had no problems with the Release of Obligations paragraph in the proposed amendments.

Ms. Eloise Fisher, representing approximately 200 families, who are members of the Lake Rails to Trails, appeared before the Board and urged the Board to set aside at least 10% of the Plantation at Leesburg development for the unique tortoise habitat. In addition, she stated that the Board could also turn the development into an asset for the entire County by using the reserved land as a nature trail, and a hiking and biking path, which would be one way to assist the Department of Natural Resources to preserve some of the corridors of abandoned rail beds. Ms. Fisher further suggested that, instead of having the County purchase the adjacent lands, have the developers use the property that they already own for recreation for the property owners. She then discussed the possibility of an increase in the cost of homes in the development, because of the request being made to the developers to set aside more land for the tortoises. Ms. Fisher stated that the nature trail would require much less water than the second golf course being proposed.

Ms. Beth Morris, member of the Lake County Conservation Council, appeared before the Board to present a staff petition, which she read, at this time. The petition requested that the

developer preserve at least 147 acres of natural area on the property for a gopher tortoise reserve. She then read some of the comments made by Conservation Council staff members regarding the gopher tortoise issue.

Ms. Catherine Chapman, Leesburg, appeared before the Board and stated that her group is concerned about the water that will need to be used for the two golf courses, with them being on water restriction. Ms. Chapman further stated that no species should be sacrificed for our pleasure, and that golfing is not a necessity.

Commr. Bakich stated that the water will first come from reclaimed water, secondly from storm water, and thirdly from the water from the river, and then groundwater.

Ms. Dorie Hostettler appeared before the Board and stated that the water from the aquifer should be reserved for the people of Lake County, and that there is no need for more golf courses.

Mr. Don McIntosh, McIntosh Associates, appeared before the Board to discuss the amount of gallons of water allowed for the total project, including the golf courses, and permits issued by the Southwest Florida Water Management District, with Commr. Swartz stating that he could not agree with the County continuing to approve golf courses when there are water shortages.

Commr. Gregg stated that he has no problem with the additional golf courses, which maintain open space, and answers the growth coming into Lake County. He further stated that developers are answering the needs of the people.

Ms. Donna Morris, member of the Lake County Conservation Council, appeared before the Board and discussed saving the environment and placing restrictions on the developments being proposed.

Commr. Bailey discussed the recommendation made by the Florida Fresh Water Fish Commission to preserve 15% of acreage (86 acres), and stated that he did not feel that 55 acres was enough.

Commr. Swartz reminded the Board that 86 acres was the minimum amount of contiguous acreage recommended by the Florida Game and

Fresh Water Fish Commission. Also, Game and Fish recommended that 25 acres be the minimum size of one area.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to approve to amend the language on Page 6, Section J. of the proposed ordinance, to indicate that the master plan provide for a minimum of 86 acres, to be contiguous, per the Game and Fish guidelines.

Under discussion, the Board reviewed the acreage to be considered for the preservation.

Commr. Bakich stated that he would be more comfortable with the acreage being located in different areas, and not being all in one parcel, with the parcels being split into larger areas.

Commr. Swartz stated that he would be willing to stipulate that he would accept a management plan, approved by the Lake County Regional Planning Council and Florida Game and Fresh Water Fish Commission, whether it be approval for contiguous acreage, or acreage to be divided.

Ms. Lustgarten stated that a Development of Regional Impact (DRI) is approved by issuance of a Development Order (DO). She further stated that the Board would have to set a time certain for submission of that plan in the Development Order.

Commr. Swartz suggested adding language that states that the allocation of the 86 acres management plan will be based on the recommendation of the East Central Florida Regional Planning Council and the Florida Game and Fresh Water Fish Commission, and that it need not be contiguous, but be based on their best management practices. (To be inserted as a subsection after Section J.)

At this time, Commr. Swartz removed his original motion, with Commr. Bailey removing his second.

Regional Planning Council, and the Florida Game and Fresh Water Fish Commission, in the judgment and in compliance with the guidelines; if this does not require the land to be contiguous, then this will be accepted.

Ms. Lustgarten stated that a problem is being created in the amendment in that the master development plan is incorporated as an exhibit to this Development Order, as Exhibit B, and a master development plan reflects where those areas will be located. She stated that the plan has not been approved, but is not generally approved prior to approval of the Development Order, and it impacts the master development plan, which is an exhibit to the Development Order. She further stated that a time certain for the submission of the plan needs to be inserted into the Development Order.

Commr. Gregg stated that he can support the 86 acres, as set by the guidelines of the Florida Game and Fresh Water Fish Commission, and not being one parcel.

Ms. Lustgarten, once again, suggested that the Board set a time certain for the submission of the management plan, which will be incorporated into the Development Order.

Mr. Rinehart stated that six months had been proposed by the applicant.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to amend the 55 acres to 86 acres, as set by the guidelines of the Florida Game and Fresh Water Fish Commission, not being one parcel, as set forth in the Order Amendments as 1.J., presented by the applicant, and to include that the management plan be submitted to the County and the Florida Game and Fresh Water Fish Commission within six months of the effective date of the Development Order.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved the Release of Obligations, as presented by the applicant in the Order Amendments.

Commr. Gregg was not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the amend to Page 9, Item V (3), to add language at (3) to indicate that the applicant will enter into an agreement with the Water Authority to provide an automatic log device to their pump, so that the water that is extracted from the Palatlakaha River can be verified, and that they will supply this to the Water Authority on a timely basis.

Commr. Gregg was not present for the vote.

Commr. Swartz discussed Page 11, AB., "Bicycle support facilities", and connecting them into external bicycle systems. It was noted that there are no old rails (Rails to Trails) on this piece of property.

Ms. Lustgarten stated that the Board will be approving the revised Development Order, with the changes the Board just approved, which will be incorporated into the ordinance.

Commr. Bailey made a motion, which was seconded by Commr. Swartz, to approve the Development of Regional Impact (DRI)/Development Order for Plantation at Leesburg Planned Unit Development, as amended.

Under discussion, Commr. Swartz stated that he still felt that some of the densities, such as the golf courses, will be in the flood plain, and the golf courses will be under water. He further stated that the County needed to consider the impact of development on the water that is available.

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

Commr. Swartz voted "no".

PETITION #87A-85-2 Amend PUD Ord. #40-85 H. Smith Richardson

Plantation at Leesburg

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that Mr. Jim Stivender, Director of Public Works, was not in favor of the addition of the cul-de-sacs.

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the waiver of Sections 696.20 (B)(5)(a), setback distance of 10 feet between buildings in lieu of 20 feet, as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the waiver of Section 696.20 (B)(5)(c), setback distance of 15 feet from the right-of-way for buildings in lieu of 62 feet from the centerline of road or 25 feet from the right-of-way from property line, as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the waiver of Section 696.20 (B)(5)(d), setback distance of 25 feet from the normal high water elevation of waterbodies in lieu of 50 feet (this is being requested for internal lakes system only); the fifty 50 feet will be observed for the Palatlakaha River and adjacent plains, as recommended by staff and the Planning and Zoning Commission.

Commr. Swartz voted "no".

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved to add the following, as amended: Cul-de-sacs, Section 81.112 states that cul-de-sacs shall be provided at the closed end turn with a turn around having an outside road diameter of at least 80 feet and a property line diameter of at least 120 feet; a waiver to these requirements is requested as follows: a. Cul-de-sacs shall have a property line diameter of at least 110 feet.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend PUD Ordinance

#40-85 to add additional land and waiver from the Subdivision Regulations, as amended.

Commrs. Gregg and Windram were not present for the vote.

PETITION #91B-86-3 DRI/DO for PUD Sunchase/Thousand Trails

Mr. Greg Stubbs, Chief of Development Coordination, distributed to the Board a revised Ordinance for review.

No one appeared in opposition to the request.

Ms. Annette Star Lustgarten, County Attorney, directed the Board's attention to Page 6, of the revised ordinance, Section K, and stated that the language should consist of the following: "the plan shall be submitted within 60 days of the effective date of development order".

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved to include the wording regarding submitting the plan within 60 days of the effective date of the development order.

Commrs. Gregg and Windram were not present for the vote.

Mr. Steve Richey, Attorney, and Mr. Greg Beliveau, Lake Land Planning Group, Inc., were present representing the applicant.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the Development Order (#91A-86-3), as amended as follows: K. Buffer Requirements: "The buffer shall be planted with "native" trees and shrubbery that will effectively screen the RV area."; and the following timetable shall be included in the Development Order "Phase I - 1989 to 1993; Phase 2 - 1994 to 1999; Phase 3 - 2000 to 2005; and Completion 2005".

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to add the following, which pertains to the fire station requirement, into the revised PUD: The permittee shall dedicate one acre, or the appraised value of one acre.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to include the amendment K. Buffer Requirements, as stated above, into the PUD.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved Amendment l) A. l.a.: Delete 2,000 camping and recreational vehicles sites and add 300 multi-family units and 1,700 recreational vehicle sites, in Case #91B-86-3, as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved Amendment 2) A. l.a. third sentence to read "All recreational vehicles, as defined in Section 70.361 of the Zoning Ordinance, and park models shall be permitted in the RV Park", as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved Amendment 3) delete second paragraph third phrase "No RV shall be placed on a space for longer than six (6) month period", as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved Amendment 4) amend second paragraph fourth phrase to read "No permanent attachments shall be permitted to any recreational vehicle except those allowed as defined in Section 70.36, Subsection 70.362, Paragraph 12 of the Zoning Ordinance, as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved Amendment 5) delete 2.(B).3. - "The entire park shall be enclosed by a fence five (5) feet in height."

and add that a vegetative buffer be placed around the entire PUD, with the exception of the portion of the PUD fronting on US 27, as recommended by staff and the Planning and Zoning Commission.

Commrs. Gregg and Windram were not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend PUD Ordinance #43-88 of the approved preliminary PUD Ordinance, Case #91B-86-3.

ACCOUNTS ALLOWED/FIRE PROTECTION

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the request for authorization of payments for interest and principal on loans for the fire districts, as presented by Mr. Al Thelen, County Manager.

There being no further business to be brought before the attention of the Board, the meeting adjourned at 6:45 p.m.

MICHAEL J. BAKICH, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/5-24-90

\5-15-90.min

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 15, 1990

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant #120617 through Warrant #120862, for the following accounts:

General Revenue Countywide Fire District

County Transportation Trust Fine & Forfeiture

Countywide Library Miscellaneous/Gas Fund

Road Impact Landfills

Capital Outlay Bassville Fire District

Animal Shelter Trust Fund South Lake Fire District

Mosquito Control Private Industry Council

Northwest Fire District Mt. Plymouth Fire District

Aquatic Weed Paisley Fire District

Pasco Fire District Revenue Sharing

Emergency 911 Fund Section 8

Northwest Ambulance Northeast Ambulance

Criminal Justice Trust Fund

Bonds - Contractor

Cancellation of Contractor Bond #4714-90, Myron D. Deetz

Accounts Allowed/Courts-Judges

Satisfaction of Judgments, as follows:

a. Case No. 142-CJ, Christopher David Jones, Juvenile; Curry Jones, Parent, in the amount of $50.00.

b. Case No. 89-615-CJ, Ellian C. Cosby, a/k/a Juvenile; Crystal Russell, Parent, in the amount of $50.00.

c. Case No. 80-937-CJ-A-01, Phillip Allen Beach, Juvenile; Marvin W. Beach, Parent, in the amount of $150.00.

d. Case No. 1212-CJ, Shindanda Faniel, Juvenile; Audrey Maxwell, mother, in the amount of $50.00.

e. Case No. 90-237-CJ, James Vaughn, Juvenile; Victoria Vaughn, Parent, in the amount of $50.00.

Accounts Allowed/Assessments/Subdivisions

Satisfaction of Assessment Liens, as follows:

Mount Plymouth:

Linda V. Baron $1,517.98

John R. Franks 727.54

John R. Franks 555.19

Astor Forest Campsites:

Frank & Virgie Sturms $1,281.24

Frank & Virgie Sturms l,281.24

Frank & Virgie Sturms 2,348.95

Nancy L. Jones 1,230.77

Elsie L. Langdon 1,309,37

William W. Gramzinski 939.85

William A. Gramzinski 926.76

Paul M. & Opal S. Cook 504.91

William & Mary McGinnis 1,362.00

Rebecca W. Williams 1,432.61

Clyde A. & Clara R. Murrell 1,156.25

Robert E. & Vivian Stevens 1,144.89

Jack W. & Pattie Patterson 874.98

Leslie & Frances D. Barnes 1,715.56

Lester Ray & Carole Ann Oldlaker 4,843.53

Fred & Gloria M. McKeeton 1,739.70

John H. & Stella Sterthaus 1,739.70

Keyton N. & Claudine Ryals 483.25

Robert E. & Shirley Lee, Jr. 1,481.74

John A. & Carol A. Day 1,516.94

Haines Creek Heights:

Randall Lynn Harvey $ 889.81

Randall Lynn Harvey 889.81

Sorrento Ranchos:

Curtis W. & Billie F. McNeill $3,171.12

Sorrento Shores:

S & K Realty subject to an agreement

for deed in favor of Charles A. &

Dorene L. Poe $2,647.66

St Johns-Manhattan:

Kathern B. Harper $1,509.84

For Your Information

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/FINANCE/JAILS

ACCOUNTS ALLOWED/BIDS/JAILS

COMMISSIONERS/FINANCE/JAILS/RESOLUTIONS

MINUTES

The Board postponed action on the Minutes of April 17, 1990, and May 1, 1990, in order to allow time to completely review the material.

COUNTY EMPLOYEES/PLANNING DEPARTMENT

Mr. Greg Stubbs, Chief of Development Coordination, introduced to the Board Ms. Victoria Lara, Planner II, who has recently been employed by Lake County.

COUNTY MANAGER'S CONSENT AGENDA

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

Planning & Development/Subdivisions

Request for preliminary plat approval of Pennbrooke,

Phase 1-D.

Planning & Development/Subdivisions

Request for preliminary plat approval of Edge Hill Estates.

Accounts Allowed/Subdivisions

Request to release an Irrevocable Letter of Credit, in the amount of $7,700.00, for maintenance in Integrity Acres Subdivision.

Accounts Allowed/Subdivisions

Request to release an Irrevocable Letter of Credit, in the amount of $6,162.00, for maintenance in Trimpi Place.

Road Closings - Permission to Advertise

Request to advertise Road Vacation Petition No. 602, by Montverde Groves, Inc., to vacate right-of-way, Montverde Area.

Request to advertise Road Vacation Petition No. 603, by Betty M. Hughes, to vacate road, Sorrento Village, Eustis Area.

Request to advertise Road Vacation Petition No. 605, by Marian McKinney, to vacate roads, Lisbon Area.

Request to advertise Road Vacation Petition No. 606, by H. D. Robuck, Jr., to vacate utility easements, Pennbrooke, Leesburg Area.

Right-of-Ways, Roads & Easements

Request to accept the following non-exclusive easement:

Charles W. Stum and George Barton - Robbins Road

Deeds/Roads-County & State

Request to accept a Quit Claim Deed, as follows:

William Baker - Bates Avenue #4-5771

Deeds/Right-of-Ways, Roads & Easements

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

For Lot Approval:

Langley Groves, Inc. - Johns Lake Rd. #3-1158

For Road Project:

Trustees of the John F. Ervin Intervivos Trust, Thomas Boat Landing Road - #5-7940.

Trustees of the John F. Ervin Intervivos Trust (Right-of-way in Marian County), Thomas Boat Landing Road - #5-7940.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/COUNTY POLICY

Commr. Gregg made a motion, which was seconded by Commr. Windram, to approve the proposed contract, as stated above.

Commr. Swartz reiterated his statement above that all individuals interested should be allowed to submit proposals to be considered for such services.

Commr. Bakich called for a vote on the motion, with the motion being carried. It was noted the motion included the exemption to the bid process, if it conforms with the current policy.

Commr. Swartz voted "no".

COMMITTEES/RESOLUTIONS/ENVIRONMENTAL SERVICES

PLANNING & DEVELOPMENT

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the Resolution establishing a Mining Ordinance Review Committee.

ACCOUNTS ALLOWED/HEALTH & GENERAL SERVICES/WELFARE DEPARTMENT

Commr. Swartz suggested that the County continue to pay the mileage rate until a thorough review has been made pertaining to the need and necessity for vehicles, for each County department.

Commr. Windram stated that he would like a comparison made on the number of vehicles the County utilized three years ago, in relation to the present.

Ms. Anderson stated that an inventory of vehicles has been reviewed, with the determination being made that the County does not take advantage of the system, and are driving vehicles with over 100,000 miles on them. She stated that this will also be presented to the Board in report form during the budget process.

Commr. Bakich stated that he would be interested in having the survey before the Board continues to approve the requests being made at the present time.

Mr. Don Findell, Director of Environmental Services, stated that he did not feel that the reimbursement of 20 cents per mile pays for the wear and tear on the individuals private vehicle.

Ms. Anderson stated that, after extensive research, she suggested that the County allow her to develop a vehicle replacement program.

ACCOUNTS ALLOWED/ROAD PROJECTS

COUNTY ATTORNEY'S MATTERS

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL

SERVICES/LANDFILLS

COMMITTEES/PLANNING & DEVELOPMENT

Commr. Gregg made a motion, which was seconded by Commr. Bailey, to approve the appointment of Mr. Frank Bouis to the Executive Advisory Committee for the Comprehensive Plan.

Under discussion, the Board reviewed the resignation of Mr. Wilson Sheppard from the Executive Advisory Committee.

The Chairman called for a vote on the motion, with the motion being carried unanimously.

COMMITTEES/ZONING

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the reappointment of Mr. Matthew Rice to the Lake County Board of Zoning Appeals.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the reappointment of Mr. Edward Bergman, Jr. to the Lake County Board of Zoning Appeals.

LAWS & LEGISLATION

Ms. Jean Kaminski was present to discuss the above issues and some of the language contained within the proposals being presented to the Legislature.

RECESS & REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would recess until 10:00 a.m., for the public hearings on road vacations.

ROAD CLOSINGS - PUBLIC HEARINGS

PETITION NO. 572 - Dockery & Johnson - Groveland Area

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

PETITION NO. 601 - Solby, Inc. - Clermont Area

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a road vacation, Petition No. 601 by Solby, Inc., William N. Hartsfield, President, to vacate a dedicated easement, Clermont Area, as advertised.

RECESS & REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess until 2:00 p.m., for rezoning.

ZONING - PUBLIC HEARINGS

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the withdrawal of the following:

#23-90-5 Edwin & Merlene Young

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to postpone the following:

#37-90-2 Daniel T. Gooden, et al 30 days

#43-90-1 Ronald Cumming 60 days

PETITION CUP#90/3/8-4 CUP in AR Elizabeth Salter

Mr. Dougherty stated that Ms. Salter does not have a license for her business.

Ms. Annette Star Lustgarten, County Attorney, stated that, in order for Ms. Salter to get her license for business, she had to apply for a CUP.

At this time, Mr. Siler commented on the trash being burned by Ms. Salter.

Commr. Windram made a motion to amend Section C., under terms, to read "No greenhouses allowing wholesale sales...".

Commr. Gregg questioned the elimination of the bus traffic, and stated that he has a problem with Greyhound buses traveling down a residential street, but has no problem with a flower farm.

Commr. Gregg seconded Commr. Windram's amended motion.

Mr. Bowen stated that there are other concerns, including the number of employees and a parking space being provided for each employee.

Discussion occurred regarding the Board being presented with the idea that this would be strictly catalog sales, and the possibility of limiting the number of employees.

Ms. Lustgarten stated that the CUP does not contain language regarding revocation, and suggested adding a provision that provides that violation of the conditions set forth herein shall be the basis for revocation of the CUP.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board approved the original motion, as amended, regarding no greenhouses and prohibiting bus traffic.

Commrs. Bailey and Swartz voted "no".

PETITION CUP#616-3 Amend MP & CUP#616-3 Danis Ind. Inc.

Ms. Bonifay presented for the record the following documents to be reviewed by the Board:

Exhibit 1 - Letter from the Florida Department of Environmental Regulation dated December 12, 1989, regarding permitting.

Exhibit 5 - Affidavit from Wayne E. Cater, dated May 8, 1990.

Exhibit 5-l - Affidavit from Frank D. Hodge, dated May 14, 1990.

Exhibit 2 - Memorandum dated May 2, 1990, to Don Findell and Richard Roof, from Walter D. Wood, regarding Danis Landfill Inspections.

Exhibit 3 - Memorandum dated May 8, 1990, to the Board of County Commissioners from Don Findell, Environmental Service Director, regarding the Danis Industries CUP Application.

Ms. Bonifay stated that the applicant will be developing a reclamation plan, which adheres to the concerns expressed by the closest residents who have requested that this portion of the borrow pit be filled in first. At this time, she stated that language has been prepared for this process, which was introduced as Exhibit 8. Ms. Bonifay stated that it was her understanding the reclamation plan will have to go back for approval along with the site plan. She further discussed one of the conditions, which suggested that the County place one of their employees on the operation in essence to monitor or run a private landfill, which her client does not feel is in the best interest of the County or her client. At this time, she discussed the liability involved with this proposed condition.