The Lake County Board of County Commissioners met in regular session on Tuesday, June 18, 1991, 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: Donald B. Bailey, Chairman; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Commr. Gregg was not present, due to being out of town. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Jean Scott, Secretary; and Toni M. Austin, Deputy Clerk. Mr. James C. Watkins, Clerk, and Mr. Robert McKee, Chief Deputy Clerk, were not present, due to being out of town.

Mr. Thelen gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.

MINUTES

Discussion occurred regarding the Minutes of May 16, 1991. Commr. Swartz requested that clarification be made on Page 12, in regards to his comments made on the Consolidated Countywide Fire District Fund.

Ms. Lustgarten requested that clarification be made on Page 9, in regards to her comments on the matter of mobile homes in rental parks.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 16, 1991, as corrected and clarified.

Discussion occurred regarding the Minutes of May 21, 1991. Commr. Hanson requested that clarification be made to Page 24, Line 13, regarding the two year time period.

Commr. Swartz requested that clarification be made to Page 14, Line 1, as to who made the motion.

Commr. Hanson requested that her comments in support of the PFD for Au Clair Palms be inserted into the minutes, on Page 30.

Ms. Lustgarten stated that, on Page 10, Line 10, the request from Pringle Development, Inc. was approved subject to the entry of an agreement with the County, to be prepared by the County Attorney, and requested that the appropriate wording be inserted.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of May 21, 1991, as amended.

Discussion occurred regarding the Special Minutes of May 21, 1991. Commr. Swartz requested that the name "Ross M. Cannon" be corrected to read "Ross Buchanan", on Pages 3 and 4.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the Special Minutes of May 21, 1991, as amended.

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant #136487 through Warrant #136782, for the following accounts:

Landfills County Transportation Trust

South Lake Fire District Countywide Fire District

Mosquito Control Mt. Plymouth Fire District

Law Library General Revenue

Animal Shelter Trust Fund Aquatic Weed

Resort & Development Fund Tax Private Industry Council

Capital Outlay Pasco Fire District

Miscellaneous/Gas Fund Countywide Library

Commissary Trust Fund Revenue Sharing

Paisley Fire District Section 8

Emergency 911 Fund Northwest Fire District

Bassville Fire District Northeast Ambulance

Northwest Ambulance

Accounts Allowed/Assessments/Subdivisions

Satisfaction of Assessment Liens for the following:

Pine Island Shores

Edward A. & Mary G. Cox $475.00

Harbor Shores

Edward A. & Mary G. Cox $356.25

Highland Lakes Subdivision

Marshall H. Gaard, subject to an agreement

for deed in favor of David C. Shelton $781.13

Lakeview Heights First Addition

Bramlin Ardith Ball $989.27

Mt. Plymouth

Anne M. Cooper $ 614.39

George W. Millen 1,334.80

Walter Lee Ferguson & Patti A. Ferguson 581.11

Walter Lee Ferguson & Patti A. Ferguson 581.11

Clarence Morgan 576.09

Jarmila Sevcik 567.84

Woodland Hills/Piney Woods

Pearl E. Loucks $405.22

Hilltop Subdivision

(Ike Avenue)

Gilbert E. & Ruth M. Swart -0-

Astor Forest Campsites

A. M. Collins, Jr. $2,472.39

Lake Crescent View Development

Peter & Mary K. Arkell $2,499.81

Buttercup Lane

(Sunset Hills Subdivision)

Helena Chemical Co. $3,275.00

Lake View Heights 2nd Addition

Frank L. & Louise Adams $447.16

COUNTY MANAGER'S CONSENT AGENDA

Mr. Lonnie Strickland, Director of Health and General Services, stated that Ms. Myra Smith has been working on establishing a National Organization on Disabilities (NOD) group for Lake County and, at this time, introduced Ms. Libby Toth, member of the Committee, and Chairman of the Publicity Committee, and Ms. Rachel Bernardi, Chairman of the NOD.

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

Administrative Services/Budget

Accounts Allowed/Budgets

Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:

Accounts Allowed/Budget Transfers

Request for transfer of funds in various departments, as follows:

Office of Management and Budget

1. Fund: Fish Conservation Fund

Department: Public Works

Division: Parks & Facilities

From: Operating Expenses $90,000.00

To: Capital $90,000.00

Transfer #: 91-0236

2. Fund: General

Department: Judicial

Division: Bailiffs

From: Contingency $10,000.00

To: Personal Services $10,000.00

Transfer #: 91-0239

3. Fund: NE Ambulance

Department: Health & General Services

Division: Public Safety

From: Capital $13,390.00

To: Operating Expenses $13,390.00

Transfer #: 91-0241

4. Fund: NW Ambulance

Department: Health & General Services

Division: Public Safety

From: Capital $11,610.00

To: Operating Expenses $11,610.00

Transfer #: 91-0242

5. Fund: Resort Development Tax

Department: County Manager

Division: Tourist Development

From: Special Reserve $ 8,000.00

To: Contractural Services $ 8,000.00

Transfer #: 91-0251

Health & General Services

Contracts, Leases & Agreements/Fairgrounds

Request by Lake County Fair Association to utilize the Fairgrounds for the period of March 27, 1992 through May 2, 1992, for the sum of $1.00 and for signatures on the agreement.

Contracts, Leases & Agreements/Emergency Management

Municipalities

Request for signatures on Mutual Aid Agreement between Lake County and the City of Umatilla whereby the County or the City may offer or receive emergency assistance when needed.

Public Health/Resolutions

Request for approval and signature on the resolution for National Organization on Disabilities.

Planning & Development

Accounts Allowed/Contracts, Leases & Agreements/Courthouse

Request for approval to extend the lease for the South Lake Annex for an additional one year term from October 1, 1991 to September 30, 1992, in the amount of $4,800.00 annually. ($400.00 per month).

Bonds - Mobile Home

Request acceptance of the following new mobile home bonds:

Nancy Gentry - District 5 - Umatilla area

Barbara Love - District 5 - Umatilla area

Public Works

Road Closings - Permission to Advertise

Request to advertise Vacation Petition No. 649 by Cecelia Bonifay for Hampton Enterprises, Inc. to vacate Fairways, Mt. Plymouth area.

Request to advertise Vacation Petition No. 651 for Carl and Sharon Mabry to vacate portion of road East Umatilla Subdivision, Umatilla area.

Deeds/Roads-County & State

Request to accept the following Statutory Warranty Deed:

Zebulon Teeter, Jr. and Louise Teeter, and Jeffrey A. Rix, Executive Blvd. #2-4403

Deeds/Right-of-Ways, Roads & Easements

Rufous Persley - Radio Rd. #1-5433

Tourist Development

Accounts Allowed/Contracts, Leases & Agreements

Committees/Outdoor Recreation

Request to execute Advertising Agreement with Vacation Stretchers, Inc. for advertising in the Vacation Stretchers Orlando-Central Florida Attractions Guide/Map beginning with edition #28, July 1991 and running for 12 months, and to encumber and expend funds, in the amount of $12,000.00.

Request to execute Advertising Agreement with Recommend Magazine for advertising in the Florida edition of Recommend, July 1991, and to encumber and expend funds, in the amount of $3,685.00.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES/BUDGET

ACCOUNTS ALLOWED/PRIVATE INDUSTRY COUNCIL/RESOLUTIONS

Ms. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the request by the Private Industry Council to approve a resolution to receive $10,932.00 in unanticipated revenue and amend JTPA, Title II budget accordingly.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request, as stated above, and as presented by Ms. Baird.

COUNTY MANAGER

CONTRACTS, LEASES & AGREEMENTS/TAX COLLECTOR

Discussion occurred regarding the request to execute an interlocal agreement between Lake County and the Lake County Tax Collector for non-ad valorem assessment services.

Ms. Annette Star Lustgarten, County Attorney, clarified for the Board that, if the County chooses not to continue with the special assessment program, and does not adopt the resolution, which is to be sent to the Tax Collector, Property Appraiser and the Department of Revenue by January 10 of each calendar year, the services provided, pursuant to the special assessment program, will be terminated.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to execute an interlocal agreement between Lake County and the Lake County Tax Collector for non-ad valorem assessment services.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

SHERIFF'S DEPARTMENT

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request by Capital Improvements to execute the lease between Lake County and Storesomore, Inc., to be used for a records storage facility for the Sheriff's Office, at a cost of $200.00 per month.

ENVIRONMENTAL SERVICES

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to sign the contract for Landfill Sampling/Analytical Services with Post, Buckley, Schuh & Jernigan Environmental Laboratories, at an estimated annual cost of $65,000.00 to $75,000.00.

PLANNING & DEVELOPMENT

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

ROADS-COUNTY & STATE

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request to amend the contract with Farner, Barley & Associates to perform additional work to survey the centerline profile of the proposed roads within the County development at Highway 19/27 and the Toll Road and to encumber and expend $8,000.00 from the Tourist Development Budget.

PUBLIC WORKS

CONTRACTS, LEASES & AGREEMENTS/GRANTS/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the request to execute a resolution approving an Urban and Community Forestry Grant Application pertaining to the Lake County Tree Farm and authorizing the Chairman to execute agreements and documents associated with the grant request.

RESOLUTIONS/SUBDIVISIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the request to execute a resolution recognizing and appropriating unanticipated revenue in connection with the Dora Pines project.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise Vacation Petition No. 652 by Steven J. Richey, P.A., for Arthur P. Ennis, to vacate portion of easement of Lake Joanna Estates, Eustis area.

Mr. Stivender stated that staff had reasons for concern, and was recommending denial of the request. He stated that staff had no problem with advertising the vacation, but that there are problems with the right-of-way. He stated that he feels there will be property owners in opposition to the vacation.

Mr. Steve Richey, Attorney representing the petitioner, appeared before the Board and stated that his clients were cited by the Code Enforcement Board, because they had a site plan and a building permit, which, at the time, they did not know they encroached into the 25 foot easement when they built a pool. Mr. Richey stated that the request is being made so that the matter involving the Code Enforcement Board can be cleared, and adequate right-of-way can be established, so that a special assessment can be done in the future, if requested.

Commr. Hanson made a motion, which was seconded by Commr. Bakich, to approve the advertising of the request.

Under discussion, Commr. Swartz requested that Mr. John Swanson, Director of Planning & Development, supply to the Board a report from the Building Department on the circumstances being described by Mr. Richey, so that when it comes before the Board again, the Board will know what happened as far as the approval to place the improvements, which may cause encroachment.

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

COUNTY ATTORNEY'S MATTERS

COURTS-JUDGES/ZONING

Ms. Annette Star Lustgarten, County Attorney, reported to the Board that the County has filed a Motion to Dismiss in the rezoning case, E. O. Roper Trusts vs. Lake County, with a hearing date scheduled for July 30, 1991. She stated that she will continue to inform the Board of the status of the issue.

PLANNING & DEVELOPMENT/SUBDIVISIONS

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the Addendum item, which involved a request for preliminary approval of Magnolia Island Subdivision (39 lots in District 3).

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request, as stated above, and as presented by Mr. Swanson.

ACCOUNTS ALLOWED/BIDS/FIRE PROTECTION/RESOLUTIONS

Ms. Eleanor Anderson, Director of Administrative Services-Budget, appeared before the Board and stated that the Board had authorized staff to negotiate with Barnett Bank for the financing of the fire equipment. Ms. Anderson requested that the Board approve a resolution authorizing a Certificate of Indebtedness, and the Certificate of Indebtedness for financing of fire equipment, in the amount of $398,000.00.

Ms. Annette Star Lustgarten, County Attorney, clarified that the Board will be approving the requests, as stated by Ms. Anderson, and authorizing the Chairman to execute any and all documents necessary for the closing of the financing transaction, which is scheduled for Friday, June 21, 1991.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the resolution authorizing a Certificate of Indebtedness, and the Certificate of Indebtedness for financing of fire equipment, in the amount of $398,000.00, subject to final review by the County Attorney, and authorized the proper signatures on all documents.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved to award the bid from County Bid #035-070-091, twelve one-ton 4x4 diesel cab and chassis, equipped with utility body and 300 gallon skid-in tank and pump for First Response Fire/Rescue Trucks, to Gator Ford Truck Sales, Inc., at a cost of $30,375.00 each ($364,500.00 total), and to encumber and expend funds.

ACCOUNTS ALLOWED/FINANCE

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.

RECESS & REASSEMBLY

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

PUBLIC HEARINGS/TIME CERTAIN

ROAD CLOSINGS

PETITION NO. 639 - Banning & Mitchem - Lady Lake Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for vacation. Mr. Stivender stated that the County has requested additional right-of-way from the petitioner, with this request being granted through the petitioner's attorney.

No one present wished to speak in opposition to the request.

Mr. Larry Taylor, Attorney representing the petitioners, appeared before the Board and stated that, through two title searches, a dedication to the public has never been found. He stated that the request is being made, in order to obtain title insurance on the property, with all of the requirements being met, including extinguishing all private interest, and now all public interest.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved Vacation Petition No. 639 by Frank and Carol Banning and Henry and Doris Mitchem to vacate park, Lake Ella Subdivision, Lady Lake area, District 1.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board accepted the following deeds:

Statutory Warranty Deed - Dollie M. Randall

Non-Exclusive Easement Deed _ Frank J. Banning, Jr. and Carol June Banning

Statutory Warranty Deed - Henry C. Mitchem and Doris W. Mitchem

PETITION NO. 646 - Samuel H. Stafford, Jr. - Eustis Area

It was noted that the petitioner was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Vacation Petition No. 646 for Samuel H. Stafford, Jr., to vacate right-of-way, Eustis area, District 5.

PETITION NO. 647 - William & Maria Rutledge - Clermont Area

It was noted that the petitioner was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Vacation Petition No. 647 for William and Maria Rutledge to vacate road, Monte Vista Park Farms, Clermont area, District 3.

PETITION NO. 648 - Charles & Muriel Sendelbach - Yalaha Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for vacation. Mr. Stivender stated that two letters have been received in opposition, one from the owner of the northwest corner property, and one from Blue Sink Groves, which owns the south and west sides of the property being discussed. Their concerns involved access to their properties. After discussion, it was noted that Blue Sink Groves would not be denied their alternate access. Mr. Stivender presented an explanation of the request being made by the petitioner.

Mr. Leonard Newmons, owner of the northwest corner of the property being discussed, appeared before the Board and stated that, if the right-of-way is closed, he would have no access to his property.

Under discussion, it was noted that 25 feet of right-of-way would be removed, and should Rosie Newmons, owner of the property next to Bloomfield Avenue decide to close hers, he would have no access at all to his property.

Commr. Swartz stated that he would have no objection to vacating all of the platted rights-of-way, except for the northern 25 feet, with Mr. Stivender stating that he would be in favor of keeping the 25 feet of right-of-way, based on the objections.

Mr. Robert Cyrus, Attorney representing the petitioner, appeared before the Board and stated that the area that is being requested to be closed does not go to Mr. Newmons' property, but goes to the petitioner's property. He stated that Mr. Newmons would still have access to the northern half, which goes directly to his property.

Commr. Bakich stated that he has a problem with the splitting of the right-of-way, and future problems that may evolve from the approval of the request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Vacation Petition No. 648 for Robert R. Cyrus for Charles and Muriel Sendelbach to vacate roads, Yalaha area, District 2, with the exception of the advertised portion of Tennessee Street, as discussed.

RECESS & REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would recess until 10:30 a.m., for the public hearings.

PUBLIC HEARINGS/TIMES CERTAIN

ASSESSMENTS/ENVIRONMENTAL SERVICES

Mr. Al Thelen, County Manager, stated that, at the workshop in May on solid waste, the Board had decided to consider areas of exemption, in regards to the mandatory solid waste collection.

Commr. Bailey stated that, because of the importance of the issue of solid waste, public comment will be allowed during the discussion, in an informal manner.

Mr. Don Findell, Director of Environmental Services, stated that, as a result of the direction of the Board, staff prepared a memorandum, and did research, indicating what other counties are doing, in regards to special exemptions for the mandatory solid waste collection. The research indicated that exemptions are not widely utilized, and are overwhelmingly recommended by other County representatives not to be utilized. As a result, staff recommends the consideration of and possible conceptual approval of the following exemptions: (1) low income (hardship); (2) service currently being provided through commercial account; (3) inaccessible property; and (4) utilization of alternative collection, disposal and/or recycling methods.

Mr. Lonnie Strickland, Director of Health & General Services, discussed the low income exemptions for solid waste as follows:

Recommended income guidelines - Federal Poverty level at 100%

Recommended assets guidelines - One residence

One vehicle

$2,000.00 emergency funds

Based on these guidelines, Social Services will determine which programs fit these categories. Property owners who are eligible for the designated programs are then eligible for exemption for solid waste.

The exemptions will be on an annual basis; property owners will need to apply every year.

Mr. Strickland stated that Marian County had approximately 300 persons apply for the hardship exemption, with 27 being eligible. He stated that most of the people were not owners of property, which allowed a low number of eligible individuals.

Commr. Bailey commented that the public input presents the fact that the public cannot afford the assessment, when they cannot afford to pay their taxes. He discussed dumping methods being used, including those in the rural areas. Commr. Bailey stated that he felt strongly about establishing the necessary criteria for the hardship exemption, in order to protect the people.

Commr. Swartz stated that he sees a problem in protecting only the people who own their own homes, and not those who are renters, who will not be eligible for an exemption.

Mr. Strickland stated that, with the exemption for renters, there will be an assortment of complexities, because of the Section 8 Housing Program where the people live in single-family rentals.

Discussion occurred regarding the allocations made by Section 8, and methods used to calculate income for the various public assistance programs.

Commr. Swartz stated that one of the reasons the Board wanted to consider mandatory collection was the problem of illegal dumping. Commr. Swartz discussed information provided by other counties and stated that he felt the County should look at all of the categories in the sense of providing the exemption for the collection/recycling, whether someone applies under low income, or is providing an alternate disposal method, that he will receive some type of coupon/validation book, which allows you, at the end of the year, if all of the provisions have been met, to be exempt, and to receive a rebate on the initial tax bill for the collection/recycling costs. He stated that this would reduce the total cost by over one hundred dollars. He stated that where there was an exemption, and a cost associated with it, the other counties required the money to come out of the General Fund.

Mr. Bill Cummins, Director of Solid Waste, discussed information received from four counties, Polk, Volusia, Manatee, and Seminole, regarding the exemption criteria collection and/or disposal.

Commr. Swartz stated that anything that the Board waives that actually has a cost associated with it, will have to come from other funds, which is essentially the General Fund.

Discussion occurred regarding the possible number of exemptions to expect in Lake County, and the expense that will be involved with the monitoring of the validation process discussed by Commr. Swartz.

Commr. Hanson discussed the feelings expressed by the public regarding the assessed amount of $250.00, and stated that most do not have a problem with having to pay approximately $180-$200 a year. She stated that most want to pay their fair share, but that they want to make sure that everyone pays their fair share. Commr. Hanson stated that, if the County did not proceed in this direction, it would have to raise the ad valorem taxes. She stated that the fewer exemptions allowed, the better the proposed system will be.

Commr. Bailey stressed his feelings regarding a reasonable rate for everyone, and the need to create some sort of criteria for hardship exemptions.

Discussion occurred regarding the position of the renter, with the possibility of the landlord increasing the rent, in order to meet the tipping fee that is required, and the problems that would most likely arise, if the County attempts to exempt rental properties.

Mr. Phil Hickenbottom, Astor, appeared before the Board and questioned the issue of the residents from the north that visit the County for six months out of the year, in relation to the share of assessments that they will have to pay. Mr. Hickenbottom also discussed those people who are too old to work, and too poor to retire.

Commr. Swartz stated that some of those part time people live in places with commercial collection, which will not be affected, but those who do not fit into this category have part time collection, or they have no collection at all, but have a neighbor who transports the garbage to the landfill. Commr. Swartz reiterated the idea of an exemption in the collection and recycling, if they carry the garbage to an approved recycling and disposal center, but that he does not foresee getting away from the disposal cost.

Discussion occurred regarding the part time resident who pays for utilities, in relation to the delivery of a newspaper for one-half a year.

Mr. Findell stated that the tax bill is sent once a year, and in order for a part time exemption, the individual would have to pre-file, with information verified, or pay the total bill the first year, with a credit being given the next year.

Mr. Thelen stated that, if the County considers an exemption for part time residency, the County needs to renegotiate the contracts with the haulers.

Mr. John Slimo, Astor, appeared before the Board and stated that he objects to the high cost of hauling garbage. Mr. Slimo stated that he is a part time resident of Florida, and that he is in favor of Commr. Swartz' ideas concerning savings in costs. He further stated that he understands the need for the services, but not for the high costs involved for the services.

Mr. Leonard McCracken, Brittany Estates, appeared before the Board and stated that there are approximately 200 homes in Brittany Estates, with approximately 100 residents being renters. Brittany Estates has its own collection system and disposal system, and has Town and Country as its hauler.

Mr. Thelen stated that he was of the understanding that the general consensus of the Board is to move ahead with the economic exemption, with the recommendation of staff being to use the Federal Poverty guidelines of 100% plus the assets discussed.

Mr. Thelen discussed the administrative struggle that will be involved to handle the renter issue.

Discussion occurred regarding the information that has been sent to the public, in regards to the number of days for garbage pickup, with Jean Kaminski, Homebuilders Association of Lake County, stating that she has had numerous calls from people asking what services they will be getting for their money.

It was clarified that the newspaper advertising indicates that there will be a one time garbage pickup, and a one time recycling pickup, each week.

It was the consensus of the Board to continue with the low income (hardship) exemption for property owners, using the poverty guidelines as discussed.

Commr. Swartz requested that staff provide the Board with the approximate number of property owners, and the impact it will have on the General Fund.

Discussion occurred regarding inaccessible property, with Ms. Camille Gianatasio, David M. Griffith & Associates, recommending that this be a rebate situation, with billing going out this year, and a rebate being made at the end of the year.

Mr. Thelen stated that, during negotiations with the haulers, commercial accounts would be those that were established as of January 1, 1991, in order to help preserve market share.

Commr. Swartz suggested that, if there is an identifiable community that has an identifiable, operational, commercial type structure, and in the future wants to make those types of provisions for a single billing to the entire community, this should be allowed.

Commr. Bakich suggested that those communities, which started the process before January 1, 1991, be given consideration to go to commercial, and any of those after, January 1, 1991, will not be permitted, until October 1, 1991.

Ms. Lustgarten stated that currently the County does not have franchised commercial haulers.

It was noted that clear language would be developed in the contract regarding the change from January 1, 1991, to October 1, 1991.

Commr. Swartz stated that a part-time resident can save on the collection and recycling costs, if they haul their own waste. They would only be billed for the disposal cost.

Mr. Kyle Garrett, Ogden Martin, appeared before the Board to discuss the tipping fee and random inspections on the different communities.

It was noted that the Board members wanted more information to be provided regarding the utilization of an alternative collection, disposal and/or recycling methods. Mr. Findell stated that there may be a potential problem with the market share of the haulers, which may have to be adjusted every year, rather than every three years.

Mr. T. J. Townsend discussed the Notice of Public Hearing which was advertised, and stated that it was incomplete, because it did not identify the fact that the plan is for the collection of nonrecyclable garbage on a once a week basis, as compared to twice a week. Mr. Townsend stated that he objects to this proposed plan.

Ms. Gianatasio stated the issue has been addressed in a letter and questionnaire that has been prepared for distribution through the mail to the public.

Commr. Bailey stated that some type of advertising needs to be done to explain that there will be a once a week garbage pickup and once a week recycling pickup.

At this time, Ms. Gianatasio presented information that is being distributed to the public regarding the fire/rescue and solid waste assessments.

RECESS & REASSEMBLY

At 12 noon, the Chairman announced that the Board would recess until 2:00 p.m. for rezoning.

ZONING

Mr. Greg Stubbs, Director of Current Planning, addressed the Board on the rezoning cases that had made requests for postponements and withdrawals.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved 30 day postponements, for the following cases:

#175A-84-3 Fla. Mining & Materials July 16, 1991

CUP#966A-4 David L. Brown July 16, 1991

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the withdrawal of the following cases:

#48-91-4/5 Jeff Clark Withdrawal

PETITION #45-91-5 A to RP Robert Thornburg

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that a request had been made to continue this issue for 30 days. At this time, she discussed the surrounding area and the size of the property. Ms. Bonifay stated that, after reviewing the request, and based on some of the concerns expressed by the Planning and Zoning Commission, as well as the District Commissioner, the applicant has lowered the density and is now requesting R-1-15 zoning. Ms. Bonifay stated that she feels the higher density is in keeping with the surrounding area, but based on the concerns, the density has been lowered.

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

Commr. Bakich made a motion, which was seconded by Commr. Hanson, to approve the R-1-15 zoning.

Under discussion, Commr. Hanson questioned whether or not a notice was sent to the City of Umatilla, with Mr. Stubbs stating that no negative response had been made by the City.

Commr. Bakich explained his reasons for the recommendation of R-1-15 zoning, with Commr. Hanson supporting the recommendation of staff for RP zoning. Commr. Bakich stated that the problem he saw with RP zoning involved the development of multi-family apartments, instead of residential, professional development.

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

ROBERT L. CHAPMAN, JR. (6 cases)

Under discussion, Commr. Bailey informed the audience that the next six cases would take at least an hour for discussion, and suggested moving these cases to the end of the agenda.

Mr. Robert L. Chapman, Jr., applicant, appeared before the Board and stated that he would be glad to wait until the end of the day.

Commr. Bailey directed staff to start scheduling these types of cases at the end of the agenda.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved to move the following cases of Mr. Robert L. Chapman, Jr., to the end of the agenda:

Land Use Plan Amendment #90-1-3

Development Order Consideration

#136-90-1

"Florida Quality Development Designation"

Establishment of a Community Development District

Receipt of Preliminary Development Agreement

PETITION #14-91-4 A to CP Robert F. Vason, Jr.

Mr. Steve Richey, Attorney representing the applicant, was present to discuss the request. Mr. Richey stated that originally this case was advertised for MP zoning with M-1 and M-2 uses, but was continued in order that he meet with the neighbors of Round Lake Road. After discussion with the neighbors, the request before the Board is for CP zoning with C-1 and C-2 uses.

No one wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) limited uses and RE (Rural Estates), for future residential and commercial uses.

The motion was carried by a 3-1 vote, with Commr. Swartz voting "no", and Commr. Gregg not being present for the meeting.

PETITION CUP#498B-1 Amend R-1-7 + CUP #498-1 & 498A-1

Church of God Youth & Retreat Center

Mr. Greg Stubbs, Director of Current Planning, informed the Board that five (5) letters had been received in opposition to the request, and one (1) petition with seven (7) signatures in opposition.

Mr. Stubbs explained why the staff recommended four hookups, and stated that staff felt any more would have been obtrusive to the area.

Mr. Pat Geraghty appeared before the Board and stated that last winter there were at least twelve (12) trailers in the area being discussed, and that the area has an unsightly appearance, therefore, he objects to the request.

Mr. Stubbs informed the Board that the recommendation is to add eight hookups for travel trailers to existing uses with the conditions that they are located on the site only during the months of November through March.

Commr. Swartz suggested moving the hookups to the interior of the parcel and limit them to the specified months.

Mr. Geraghty stated that there are pitched tents in the area, and his objection is the unsightliness that this causes.

Commr. Swartz made a motion, which was seconded by Commr. Bakich, to approve the staff recommendation for four (4) additional hookups, with additional conditions that they be interior to the project in an area approximately where the present four (4) hookups are located, and that there be a one year review of this provision of the CUP, and including the conditions that they are located on the site only during the months of November through March.

Under discussion, Commr. Hanson stated that she did not have a problem with the eight (8) hookups, if they were all internalized, for the months of November through March.

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

PETITION CUP#635A-5 Amend CUP#635-5 John Clark

Mr. Greg Stubbs, Director of Current Planning, informed the Board that he had received three letters in opposition to the request, and one petition with 30 signatures in opposition.

Mr. John Clark, applicant, appeared before the Board and stated that he has been in the houseboating industry for ten years. He presented photos for review of the boats that he rents for his

business. Mr. Clark stated that there are two businesses, one on either side, that use the St. Johns River for the attraction to their business. He stated that he currently rents a portion of the dock from Holmar Marine.

It was noted that this request was brought to the Board because of a Code Enforcement issue.

Mr. Stubbs stated that, at the end of Alco Road, where McPherson Lane begins, the County stops maintaining, and staff has a concern with the utilization of this unmaintained portion of road adjacent to St. Johns.

Commr. Bakich stated that he is concerned with the proposed density, and the additional amount of traffic on the road, and getting the vehicles in and out of this area.

Mr. Clark stated that the original owner operates a fish camp facility where he builds boats on one side of the property. Mr. Clark stated that he currently operates ten boats at this facility.

Mr. Jim Barker, Director of Pollution Control, stated that the request made by Mr. Clark was thoroughly reviewed, and the pumping method used for the boats.

Mr. Clark stated that he does not provide any fuel from the site.

Mr. Barker stated that the normal stipulation would require Mr. Clark, if he does store fuel, lubricants, or has a holding tank, or cleaning solvents, to obtain the necessary standard Department of Environmental Regulation (DER) application.

Commr. Swartz stated that, if Public Works will look at whatever road improvements might be necessary, and develop a traffic count, and Environmental Services researches the other environmental issues, in relation to the fuels, etc., and come back with an affirmative recommendation, he would most likely support this request.

Mr. Stubbs stated that, if the Board wishes to make any recommendations related to additional studies, the Planning staff would recommend the Board send this to the Technical Review Committee (TRC) for a pre-submittal conference, in order to assure all requirements are being met. Mr. Stubbs stated that this may take more than 30 days.

Mr. Clark stated that he has no problem complying with any regulations, putting together any programs, or resolving any problems.

Commr. Bakich stated that the Board would request Code Enforcement to suspend any action, until such time as a permanent recommendation is made by the Board, after the issues stated are reviewed by the (TRC).

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board postponed action on this case for 60 days, until August 20, 1991, in order that it be referred to the (TRC), with recommendations coming back to the Board from the TRC, for a decision to be made by the Board.

PETITION #59-91-5 RR to A Frontline Properties Inc.

Mr. Greg Stubbs, Director of Current Planning, informed the Board that staff has received two letters in favor of the request, and no letters against it.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that the following case is tied directly to this request. Ms. Bonifay stated that the request is for a particular use, which is raising exotic animals on an 80 acre tract. At this time, she presented other maps for the Board to review, which assisted in clarifying the location of the property and the surrounding zoning. She stated that she received two letters of recommendation for the project from the people who are most closely affected. Ms. Bonifay stated that this issue was postponed once, in order to work out any concerns. Mr. Reginald Moon did oppose the request and had indicated concerns involving the roadway and additional traffic. Ms. Bonifay stated that a letter of opposition was on file from the Humane Society. She requested that, if the Board has concerns after reviewing the letter from the Humane Society, the applicant be given a 30 day continuance, in order to meet with them and address the concerns, since the letter has not been addressed.

Ms. Bonifay discussed the procedure used by the applicant to retain the animals on the property, and how the animals will be raised and sold to zoos and pet shops. She stated that the applicant does have one lion, and is a professional animal trainer. Ms. Bonifay also discussed the types of caging that will be used by Mr. Carl Bradshaw and Mr. Ron Gordon to hold the animals, and stated that all deer, turkeys, hogs, and other wildlife will be released from the property.

Commr. Bailey stated that, if he still has problems with the request after the presentation, he will vote for a continuance.

Ms. Bonifay stated that, if there are more concerns, after the presentation, she will request a continuance of both cases, and explained to the Board that her client was not interested in the property, if the Board did not approve agricultural zoning.

Mr. Ron Gordon appeared before the Board and explained the requested use of the property. He stated that no animals will be raised to be hunted, and that all of the animals will be raised for pets. He stated that the majority of the animals will be birds and monkeys. He further stated that the compound to raise the animals will be less than two acres. Mr. Gordon stated that he met with Mr. Moon and addressed his concerns about the road, and stated that there will never be more than two lions, which he wanted in the record.

Commr. Bakich stated that he has no problem with this case, but if the Board wishes to discuss the issue further, he would not object to a continuance.

Mr. Gordon stated that the United States Department of Agriculture will be periodically inspecting the facility.

Ms. Mary Gerding, President of the Leesburg Humane Society, appeared before the Board and addressed many concerns, including the future expansion of the facility, and the discussed the communication between the Society and the USDA and Fish and Game Commission. Ms. Gerding stated that the Society feels that there are enough animals being raised in other parts of the country for zoos, and that they are so full that they are euthanizing animals on a daily basis. She further stated that no more animals are needed to be released into the wild, because there is no food for them to eat. Ms. Gerding stated that she is opposed to farms that breed animals, because of the number of animals that are being put to sleep. Ms. Gerding stated that the Society questions whether or not the applicants have the proper licenses for their operation, and if their background has been reviewed.

Ms. Gerding stated that she would like to have answers to her questions before a decision is made.

Ms. Tish Hennessey, Founder and Director of the Foundation for Environmental Awareness, appeared before the Board and distributed a 1991 Earth Year Guide to each of the Commissioners. Ms. Hennessey discussed the breeding of exotic animals and the euthanization of animals, and questioned the issue of professionalism to be shown by the applicants. Ms. Hennessey went on to discuss the necessary permitting by the proper authorities, including the Department of Natural Resources, Florida Fish and Game Commission, and the Department of Agriculture. Ms. Hennessey discussed the tea cup monkeys and the Rhesus monkeys.

Mr. Richard Moon appeared before the Board and stated that Mr. Gordon improved the road after the Planning and Zoning Commission meeting, and he wanted to publicly thank Mr. Gordon. Mr. Moon further stated that Mr. Gordon agreed to maintain and repair the road, and to restrict the number of large cats on the property, in addition to the restrictions in the CUP.

Commr. Bakich stated that he has no problem with the request, based on the information that has been supplied to him, but that he has no problem with the applicant taking additional time to meet with those who have concerns, in order to resolve certain issues.

Commr. Bailey stated that he would like additional time, because of his own concerns, and recommended a 30 day postponement.

Ms. Bonifay stated that, if the request is continued, the applicant will provide specific information in terms of the number of animals that will be on the property, and including other information, in relation to the concerns being expressed.

Commr. Bakich made a motion, which was seconded by Commr. Hanson, to postpone the request for 30 days, until July 16, 1991.

Under discussion, Commr. Swartz stated that he had no comfort level today, and would like to see the postponement, in order to review the additional information to be provided by the applicant, as well as giving the applicant the opportunity to resolve the concerns expressed by the Humane Society.

Mr. Bradshaw stated that the main purpose of the project is to be a breeding facility, and will certainly deal with zoos, but not by supplying them with exhibition animals.

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

PETITION CUP#91/5/3-5 CUP in A Frontline Properties Inc.

It was noted that the above case is connected to Petition #59-91-5, Frontline Properties Inc., which was previously heard by the Board.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board postponed the request for 30 days, until July 16, 1991.

PETITION #129-87A-5 Amend CP Ord. #51-87 Wayne & Barbara Harris

Mrs. Barbara Harris, applicant, appeared before the Board and stated that the request was made to try and upgrade the CP zoning, in order to have an equipment rentals and sales dealership. She discussed the history of the building, beginning in 1986. Mrs. Harris stated that the only objection made by Planning and Zoning Commission was the stock pile of materials, at which time she explained in detail the process of the business. She went on to discuss further permitting through the years, and the opposition in relation to the bad curve in the road. Mrs. Harris stated that she agrees not to have any large equipment, and is willing to leave her 1 1/2 acres of RR zoning to the north as a buffer.

Mr. Claxon Parker appeared before the Board in opposition to the request. He stated that the Harris' own the south one-third of the RR zoned property, and he is assessed for the balance of the property. At this time, Mr. Parker read a letter from three adjoining property owners, Grace Parker Guenther, Claxon Parker, and Harley Morse, stating concerns of the Town of Paisley and the future of the community. He then read a letter from Alice and Frederick Schneider, L. and Shirley Rabon, Paul Bailey, and A. J. McWilliams, requesting that no further business activity be allowed at the location. The letter also stated concerns involving the offensive noise. Mr. Parker discussed the commercial building which houses a repair shop, with a concrete business, and the location of the surrounding neighbors.

Mrs. Harris discussed the types of noise involved with her business and the times she has agreed upon for operation of the business.

Mr. Parker presented pictures of his home on SR42, and discussed his taxes on his property. He stated that the commercial business being discussed will depreciate the value of his property.

Mr. Fred Schneider appeared before the Board and stated his concern involving the escalation of the repair and service activity now being performed on the property. He stated that the Harris' property has been for sale for eighteen months, and questioned the transfer of zoning to another individual. Mr. Schneider stated that Paisley has a tranquil atmosphere, and he would like to see it stay that way.

Mrs. Harris discussed her operation and the noise factors, and explained that when the original building permit was issued, it was to handle her sub-contracting concrete business, and the tools and repair business.

Discussion occurred regarding staff having no record of the applicant obtaining approved zoning to operate the concrete business.

Commr. Bakich stated that the business has been in operation for some time, and suggested eliminating all heavy equipment on site, and that staff review the file, in order to resolve a practice that may be inappropriate, and bring back to the Board the necessary information to resolve the zoning issue. He stated that, if the ownership should change, and the individual wants to change the use, it will have to come back to the Board under the CP zoning.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved the request to amend CP Ordinance #51-87, with the hours of operation being limited to Monday through Friday from 8:00 a.m., to 5:00 p.m., and Saturday from 8:00 a.m. to 12 (noon) only, and including the stipulation that there be no rental of any heavy equipment, with staff forming a definition for the equipment, and that the north one-third of the property be used as a buffer, with no permitted uses.

The motion was carried with a 3-1 vote, with Commr. Swartz voting "no".

PETITION #61-91-4 A to AR Mark K.D. Savage and

Adrian R. Chapman

Mr. Ken Savage, applicant, appeared before the Board to explain his request for the development of single-family residences.

Mr. Joe Bradner, owner of approximately 22 acres in the vicinity, appeared before the Board and stated that he raises beagles. Mr. Bradner stated that he did not feel that 2 1/4 acres is not country living and requested that the property be kept agricultural zoning, with five acre tracts.

Mr. Savage discussed the surrounding zoning and stated that

2 1/4 acre parcels do not give subdivision living in the country.

Commr. Hanson stated that she supports the AR zoning, with Commr. Bailey also being in support. She stated that the AR zoning provides a protector (requirements for the size of acreage), which will not allow for smaller uses.

On a motion by Commr. Hanson, 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 the development of single-family residences.

Commr. Bakich was not present for the vote.

PETITION #CUP #966A-4 David L. Brown

Mr. Greg Stubbs, Director of Current Planning, stated that, under the Addendum Agenda, Petition No. CUP#966A-4 was postponed for 30 days. Mr. Stubbs stated that the request was actually for a postponement until the end of the agenda, due to a scheduling conflict. At this time, the applicant was present and was making this request.

It was the consensus of the Board that it would take action on this issue at the end of the meeting.

PETITION #52-91-4 RR & A to R-1-10 Derek S. Shepherd

The applicant was present to answer questions of the Board.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) & A (Agricultural) to R-1-10 (Medium Residential), for single-family residences.

Commr. Bakich was not present for the vote.

PETITION #66-91-3 PFD to A John J. Kim

Mr. Greg Beliveau, Land Planning Group, was present to represent the applicant.

No one present wished to speak in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and

Zoning Commission and approved the request for rezoning from PFD (Public Facilities District) to A (Agricultural), for single-family residential development.

Commr. Bakich was not present for the vote.

PETITION #63-91-3 AR to A Mary M. Clark

Ms. Cecelia Bonifay, attorney representing the applicant, appeared before the Board and stated that she would like to request a few minor modifications to the CUP. She stated that she felt the staff report was not corrected to indicate what the applicant was requesting. She stated that the purpose of the CUP is for a home occupation for theater curtains.

Mr. Greg Stubbs, Director of Current Planning, stated that the corrections will be made, in order that this request coincide with the request for a CUP.

Ms. Bonifay requested that, under Land Uses, B. that the number of persons outside the immediate family be increased from (3) to (4). She further stated that it also states that there is no traffic, but there will be approximately three trucks per week to deliver materials. She stated that one of the conditions indicates that the applicant will give additional right-of-way. She further stated that the applicant requests permission to place identification on the mailbox for the business.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to A (Agricultural), with the correction being made to the "purpose" paragraph, for a home occupation.

PETITION CUP#91/5/2-3 CUP in A Mary M. Clark

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

On a motion by Commr. Swartz, seconded by Commr. Bakich 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 a home occupation for manufacturing fireproof theater draperies, with the amendments to include the following: Land Uses: B. Increasing three (3) persons outside the immediate family to four (4); limiting the truck traffic to three (3) trucks per week; and with business identification being placed on the mailbox, as approved by the postal service.

PETITION #53-91-2 RP to PFD Faith Memorial Church of God

No one present wished to speak to this request.

Mr. Greg Stubbs, Director of Current Planning, stated that the City of Leesburg filed a letter stating that the site plan indicates that, if the site abuts the property located in the City of Leesburg (to the south and west), annexation of the property into the City will be required in order to access the water and sewer systems. Mr. Stubbs stated that, if access is available (if water is within 300 feet, and sewer is within 1,000 feet), the County requires the site to be hooked into the systems, and if hooking into the City system requires annexation, they will have to comply.

Commr. Bailey stated that there is no opposition, and therefore, supports the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RP (Residential Professional) to PFD (Public Facilities District), for a church.

PETITION #47-91-2 Amend MP Ord. #24-81 A. R. Sinclair

Mr. Steve Richey, Attorney, appeared before the Board to represent the applicant. Mr. Richey stated that he did meet with the people who own the airport to discuss the request.

No one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend MP Ordinance #24-81 to delete land and to rezone from MP (Planned Industrial) to PFD (Public Facilities District), for construction

of a 420 ft. communications tower, with the condition to be included that the Florida Aviation Authority (FAA), or the Florida Department of Transportation (DOT), submit the necessary approvals for the rezoning to PFD.

PETITION #51-91-5 A to AR Hulda M. Adams

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson 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).

PETITION #57-91-5 A to CP Ronald J. & Daniel M. Sonnenberg

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

Mr. Greg Stubbs, Director of Current Planning, informed the Board that staff recommended denial of the request for CP zoning, but that Planning and Zoning recommended approval for CP zoning with no uses.

Discussion occurred regarding the letter received from the City of Eustis.

Commr. Bakich discussed the surrounding zoning, and stated that he has concerns with developing Planned Commercial to the east and west with no conditions.

Commr. Swartz commended staff for the recommendation for denial of the request, which will not allow the continuation of a commercial strip along SR 44.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial) with no uses, for future commercial development, subject to review of all site plans on this property by the Planning and Zoning Commission.

The motion was carried by a 3-1 vote, with Commr. Swartz voting "no".

PETITION CUP#91/5/1-5 CUP in A City of Umatilla

No one present wished to speak in opposition to the request.

Mr. Welton Cadwell, Mayor, City of Umatilla, appeared before the Board and recommended approval of the request. He stated the City is willing to work with the staff on the right-of-way problem.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for a municipal yard waste composting facility site, and deleting Item C regarding Transportation Improvements. It was noted that the motion was made with the understanding that the City will work with staff to provide the necessary right-of-way.

PETITION #65-91-5 A to R-1-5 Clarence O. Green & Jessie M.

Green and Charlotte J. Hines & George Smith

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential), for the placement of a mobile home and single-family residence.

PETITION #64-91-1 R-1-7 to R-1-5 Jack & Ramona Lockwood

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential) zoning district, to place a mobile home on the site.

PETITION #60-91-1 A to PFD Samuel F. & Shirley R. Dickens

Mr. Greg Stubbs, Director of Current Planning, informed the Board that one letter had been received in opposition to the request.

No one present wished to speak in opposition to the request.

Mrs. Debbie Stivender, representing the applicant, appeared before the Board to discuss the project.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a cablevision signal processing facility.

PETITION #49-91-1 RM to CP Wayne O. Hageman

Mr. Steve Richey, attorney representing the applicant, appeared before the Board to discuss the location of the site. Mr. Richey stated that the property is currently vacant, and the request is being made for CP zoning for the two uses, for mini-warehouses and an office warehouse.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to CP (Planned Commercial), for mini-warehouses and an office warehouse.

The motion was carried by a 3-1 vote, with Commr. Swartz voting "no".

PETITION #55-91-1 RR to ER Robert J. Fedor

Mr. Ted Wicks, representing the applicant, appeared before the Board and discussed the surrounding zoning, and answered questions of the Board.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to ER (Estate Residential), to subdivide for single-family residences.

PETITION #58-91-4 PFD to CP Paul Bryan II & George F. McCabe

Mr. Greg Stubbs, Director of Current Planning, informed the Board that correspondence had been received from the City of Tavares stating specific concerns, but that the concerns can be addressed at the site plan review, and are not related to the land use issue of rezoning.

Ms. Pat McDonald, City of Tavares, appeared before the Board and stated that, since the property is adjacent to the City limits and the utility service district, a letter of concern was written. She requested that the City be involved with the site plan review.

Mr. Steve Richey, attorney representing the applicant, appeared before the Board and stated that the list of C-1 and C-2 uses substantially reduces any type of intensive uses, and stated that he has no problem with the City of Tavares being involved with the site plan review.

Commr. Swartz requested that the site plan be brought back to the Board for approval.

Mr. Richey requested that the tower in the Public Facility District remain on site.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from PFD (Public Facilities District) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, for future commercial development, with the site plan being brought to the Board.

PETITION #72-91-1 RR to RA David Allen Stout

No one present wished to speak in behalf of the applicant, or in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for

rezoning from RR (Rural Residential) to RA (Ranchette), to place a mobile home on a ten (10) acre tract, to care for an infirm relative adjacent to the site, which is also a ten (10) acre tract.

PETITION CUP#966A-4 Amend CUP#966-4 David L. Brown

Mr. Greg Stubbs, Director of Current Planning, clarified for the Board that the applicant had requested a postponement of their petition, until the end of the agenda today, prior to the cases of Mr. Robert L. Chapman, Jr. Mr. Stubbs stated that the request is being made to correct the excavation elevation from 131 feet MSL to 115 feet for reclamation purposes. At this time, Mr. Stubbs reviewed the amendments included by the Planning and Zoning Commission.

Mr. Sandy Minkoff, attorney representing the applicant, was present to discuss the request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that a motion would need to be made to reconsider the prior motion, which was to defer the case.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the reconsider the previous motion made regarding CUP#966A-4, David L. Brown, based on the clarification made by Mr. Stubbs.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board denied the previous motion made to postpone CUP#966A-4 for 30 days.

Mr. Minkoff appeared before the Board to discuss the request. At this time, he discussed the location of the site and stated that it was a County clay pit from 1924-1974. He stated that, in 1985, the applicant obtained a CUP and began to mine the pit, but the CUP read that no excavation could occur below 131 feet, which is approximately 16 feet above the bottom of the clay pit. Mr. Minkoff stated that his client has a contract with Volusia County for the clay, and discussed the process used by his client when mining the area. Mr. Minkoff stated that his client intends to mine until they can pay off their mortgage they had to get after the freeze, in order to replant their groves. They are planning restoration of the site to a level where they can plant citrus groves.

Mr. Minkoff discussed the history of the application for the amendment, and his clients reclaiming a 6:1 slope, and are requesting no changes to the sloping. Mr. Minkoff stated that the only change they are requesting is the excavation elevation, and that they are agreeable to the right-of-way request by staff, with no opposition being made at the Planning and Zoning Commission meeting, or here today. Mr. Minkoff discussed the reasons his client was cited by Pollution Control.

Mr. Jim Barker, Pollution Control, appeared before the Board and discussed the recommendations made by staff. Staff was requesting that the 6:1 slope be placed as part of the CUP to insure some type of reclamation, and the excavation elevation of 131 feet MSL to 115 feet for reclamation is a safety, health and welfare requirement. Staff has no problem with the 6:1 sloping, and, after the discussion with the applicant, felt the sloping should continue uniformly throughout the project, even though the ordinance states 4:1.

Discussion occurred regarding the other County clay pits having a 2:1 reclamation slope requirement, with staff clarifying that it would prefer to see a 4:1 reclamation on this site.

Commr. Swartz stated he has no problem with the 131 feet to 115 feet for reclamation, and that he is supportive of language to return the property to bear citrus, but if the condition does change, and if it is determined that the 2:1 slopes that are there are unsafe, staff has the ability to come in and require a change.

Commr. Bakich stated that he does not have a problem with the excavation elevation of 131 feet to 115 feet, and that the Board needs to adhere to the request being made by the applicant as much as possible, and agrees with the 4:1 sloping.

No one present wished to speak in opposition to the request.

Commr. Bailey stated that he will compromise with the position taken by Commr. Swartz.

Commr. Hanson discussed the placement of the necessary bonds for the road deterioration for Round Lake Road, Wolfbranch Road and Highway 437, with Ms. Lustgarten stating that there is no condition for a bond at this time. Mr. Baker stated that the amount would have to be estimated.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#966-4, as amended, to correct the excavation elevation of 131 feet MSL to 115 feet for reclamation; to amend the reclamation to 4:1 for each completed 200 feet; and with the Public Works Department checking on the bond, and the right-of-way dedication on Round Lake Road and SR 46. At the conclusion of each 200 foot phase, they will be reclaiming and then replanting citrus. If conditions change from the end of that phase, through another phase, or economic conditions change (freeze, etc), they will only be required to reclaim at 4:1 within each completed 200 foot phase, and at any time that they make the decision not to replant, they will revert back to 2:1.

The motion was carried by a 3-1 vote, with Commr. Bakich voting "no".

RECESS & REASSEMBLY

At 5:15 p.m., the Chairman announced that the Board would recess for five minutes.

LAND USE PLAN AMENDMENT #90-1-3

Mr. John Swanson, Director of Planning and Development, appeared before the Board and presented several handouts, which included the Southlake Chronology of dates, and information on the Community Development Districts. Mr. Swanson informed the Board that the provisions of Chapter 190 may not be negotiated, modified or altered by the petitioner or the governing body, thus streamlining the approval process. Mr. Swanson also discussed the correspondence from Public Financial Management, Inc., which included a Summary and Conclusions.

Mr. Robert Chapman, applicant, appeared before the Board and presented handouts, including information on Sources of Funds: Southlake, Phase IA Apartments, which he discussed with the Board. The total amount would be $19,169,628.00 for the first 470 units over 15 years. He stated that he needed to move expediously, in order to benefit from the bond allocation. Mr. Chapman then discussed another financing structure for Southlake, Phase IB Lease-Purchase Townhouses, which has been developed by Smith Barney, which involves 30 years, and which is an interest free loan.

Ms. Elizabeth Plater-Zyberk, architect, appeared before the Board and made a presentation on the project. Ms. Zyberk discussed the different types of housing and the principles in design. At this time, she reviewed many site plans and drawings of the different proposed neighborhoods. She stated that the main goal of traditional neighborhood planning and of this project is to produce communities made up of a mix of uses and building types with a focused center and a defined edge. She went on to discuss the design elements of the project.

Discussion occurred regarding two areas that may be designated as single-family. Commr. Swartz stated that he would like to see one and/or the other area designated for single-family, and if, in the build-out scheme it does not work into the project, revisions can be made. It was noted that the project was presently designated as high, medium, or low multi-family.

Commr. Swartz discussed the defined edge on the western border, which is along the wetland areas, and on the eastern boundary where there are existing lakes and marshes, and stated there are no defined edges on the northern or southern property lines. At this time, Ms. Zyberk explained that the street grid is being shown that it might extend, in order to allow completion of the neighborhood by the adjacent property build-out.

Mr. Gene Molnar, in behalf of the Lake County School Board, appeared before the Board and stated that the Lake County School Board is interested in the neighborhood concept, in relation to the incorporation of schools into the master plan.

Ms. Zyberk stated that there are 71 acres set aside for public uses, and at this time, she pointed out the prospective areas.

Mr. Chapman stated that a commitment has been made to provide space to the South Lake Hospital for a clinic. He stated that there are many areas to consider, and that he is prepared to bring in a nationally recognized group of consultants to master plan the south end of the County.

Mr. Chapman ended the presentation by introducing individuals who have assisted with the development of the project, and explained each individual's area of expertise. Included in the introductions was Mr. Gifford Anglim, Land Planner, who was present to answer any traffic related questions.

Commr. Bailey called for opposition to the request, with no one appearing to speak.

Mr. Steve Richey, Attorney, appeared before the Board and stated that the project went through the PUD process, with the PUD being approved in October. Since then, the project has gone through the Florida Quality Development process. Mr. Richey stated that the environment and the uniqueness of the property have been considered. He further stated that issues need to be addressed, which include temporarily being provided with utilities from Polk County, with modification being made to the language, to allow 800 units to be served by the Polk County facility, which is in the southern boundary, or providing the project's participation in a regional plan. Mr. Richey stated that Board action is needed for the amendment, and that he has already consulted with Mr. Thelen and Mr. Findell, with the language being revised.

Mr. Findell stated that revised language has been submitted for the PUD ordinance, which he discussed with the Board, with staff being satisfied with the proposed language.

Mr. Findell clarified the changes by explaining that the development will be served by a County designated facility, but does not say that the facility will be constructed by the County, and that it could be constructed by the County some time in the future, or it can be through a public-private partnership with South Lake, or another developer.

Mr. Thelen stated that this is in accordance with the County's master plan that states that this area will be served by a regional facility.

Mr. Richey stated that this would be the only change to be made to the PUD ordinance. The other issue for discussion involves the west area, which is in the Green Swamp, with Mr. Richey discussing the Florida Quality Development Act.

Mr. Steve Adams, Land Planning Group, appeared before the Board and discussed the geographical boundary, as defined by the Legislative Act, in regards to the Green Swamp, and requirements that will need to be met.

Commr. Hanson discussed a possible study that will be prepared in the next year or so on the Green Swamp, which will determine more of the site specifics.

Mr. Richey stated that there are four items related to this project, which include the FQD, Comprehensive Plan Amendment, Community Development District, and a PUD.

Commr. Hanson commented that the project is very innovative and exciting for Lake County. She stated that she likes the idea of the schools and being more community activity based, and this is certainly ahead of its time. Commr. Hanson stated that she feels this is going to offer an excellent opportunity for mass transit that the County will not see for a long time, if the County does not do something like this, because of the density, and it is probably going to be the only truly affordable housing in Lake County other than mobile homes. Commr. Hanson stated that she is satisfied with the Green Swamp concerns, and that those issues are going to be handled very stringently.

Commr. Bailey emphasized that this is a quality development, and is a great venture into the creation of an affordable housing community.

Mr. Chapman discussed with the Board his communication with Lake Sumter Community College regarding the possibility of offering classes in the town center, with perhaps the development of a branch of the college some time in the future.

Mr. Chapman discussed the financing with Smith Barney, and stated that the closing of the financing has to be by September 30, 1991. He stated that the project will have already gone out for bid, with building beginning October 1, 1991.

Commr. Swartz addressed Tab 1, which is an ordinance dealing with a land plan amendment on the west side of the road. He stated that he has two concerns, one being that, on previous developments before the Board during the last year or so, the Board has limited the development densities on the west side of the road. He discussed the Greater Groves property, which chose to use 2.75 units or less, and a land use plan was not needed, with the zoning being compatible. He stated that the second issue that he was concerned about pertained to the plan, which was submitted to DCA. Even within the existing urban node, the plan recommended densities no higher than 10 dwelling units per acre. The proposed development is approximately 13.53 dwelling units per gross acre. At this time, Commr. Swartz stated that he would like to propose the following, which will follow through within the development order and the PUD, if adopted:

Page 1 - Line 6: Strike: 13.53 dwelling units per gross acre

Add: 10.00 dwelling units per gross acre

(2.75 DU's/acre until special area

study of ACSC is completed";

Commr. Swartz stated that the end result of the proposed project would be that initially the developer could put 633 units, with 2.75 dwelling units per gross acre, and at such time as the study is completed for the area of critical State concern, then the developer would be allowed up to 10 units per acre, which would be 2300 units, where as the proposal now allows 3100 units. He then proposed the following:

Page 2 - Line 31:

Strike: 13.53 dwelling units per gross acre

Add: 10.00 dwelling units per gross acre except that the allowable density will be limited to 2.75 DU'S/gross acre until such time as a special area study of the Green Swamp ACSC is completed to determine the appropriate land uses and densities for the critical area;

Commr. Swartz presented the following changes to the Department of Community Affairs (DCA) development order:

Page 13 - Top of Page:

Strike: 8,000 dwelling units

Add: Western parcel/230 acres - 2300 dwelling units (max.)

(633 DU'S until completion of special area study of the Green Swamp ACSC.)

Eastern parcel/360 acres - 3600 dwelling units (max.)

Mr. Adams stated that a study has been completed for this specific area, which has been addressed by all regulatory agencies, and those agencies have signed off, as well as DCA, on this particular piece of property. Mr. Adams stated that this is a far more comprehensive study than one that would be done for the entire area.

Commr. Swartz stated that the issue involves not being compatible with the current Comprehensive Plan, the County's proposed Comprehensive Plan, or the information received from DCA relative to a land plan amendment.

Commr. Swartz presented the additional language, as follows:

Page 14: Insert:

3.A. Planning and management for development within the Green Swamp ACSC should be resource-oriented. Higher density and intensity development should be carefully weighed against the limited natural suitability of the area to support such development.

Prior to an increase in dwelling units beyond 633 units, a special area management plan for the Green Swamp ACSC will be completed to determine the appropriate land uses and densities for the critical area.

Page 21 - Insert:

L. Fire, Police, Schools

1. (insert after ...From the Developer. -5th line from bottom of paragraph.) The developer shall condition or phase the commencement of development to ensure that public facilities and services will be available concurrent with the impacts of the development.

3. To ensure the adequate provision of public education facilities, the developer shall provide at least one (1) fifteen (15) acre school site for an elementary school at a location that is acceptable to the Lake County School Board and Southlake. The developer shall pay the Lake County School Board its fair share cost for site acquisition if the elementary school to serve Southlake is not ultimately located on-site. Ownership of the (15) fifteen acre site will revert to the developer if a school is built off-site in the service area which would accommodate Southlake students.

Mr. Richey stated that he had no problem with the proposed language presented by Commr. Swartz, in regards to Page 21, or the wording that the DCA has presented, or the water and wastewater revisions.

Mr. Richey referred to the environmental study that Mr. Adams had discussed, and stated that a study was done on the 230 acres in the Green Swamp based on the requirements setforth in the development order and the FQD process. At this time, Mr. Richey referred to the comments made by the DCA, and stated that he is requesting that the property be placed in the Bramalea node, in order to bring it into conformance with the Comprehensive Plan. He went on to discuss the densities of other surrounding parcels. Mr. Richey stated that the amendment is appropriate, and that the density being presented is definitely needed to make the project work.

Commr. Bakich stated that, once Mr. Chapman agreed to go from 30% affordable housing to 50% affordable housing, and he went through all of the necessary procedures required by the different State agencies and staff, he will not support the reduction in the number of units.

Commr. Bakich made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission to approve the request for a Land Use Plan Amendment, #90-1-3, for Southlake Planned Unit Development.

Under discussion, Ms. Lustgarten clarified that the Land Use Plan amendment is an amendment to the County's existing plan. Once the new plan is in effect, the new plan will apply, and the land use is not vested. The density and the new land use plan will apply to the property, which, as it is currently designated, is ten (10) units to the acre. This is only good until the Board approves the new Comprehensive Plan on July 9, 1991.

The Chairman called for a vote on the motion, with the motion being carried by a 3-1 vote. Commr. Swartz voted "no".

DEVELOPMENT ORDER CONSIDERATION - ROBERT L. CHAPMAN, JR.

Mr. Greg Stubbs, Director of Current Planning, requested that the Board insert the language submitted by the Department of Environmental Services, and the other amendment to include the PUD that was approved, under Tab 3, and incorporate it into the FQD package as an exhibit.

Commr. Bakich made a motion to approve the Development Order for Southlake "Florida Quality Development", with the amendment made by Environmental Services, as well as the amendments submitted by DCA, and Commr. Swartz, regarding fire, police and schools.

Ms. Lustgarten stated that the PUD Ordinance, once it is amended, should be added to the FQD Development Order, as an exhibit.

At this time, Commr. Bakich added to his motion the inclusion of the PUD Ordinance as an exhibit to Tab 2.

Commr. Bakich clarified his motion by stating the following:

to include the comments made by Environmental Services, the comments made by Commr. Swartz in reference to fire, police and schools on Page 21, and general language on Page 5, along with the PUD Ordinance exhibit to the Development Order.

The motion was seconded by Commr. Swartz, with the motion being an amendment to the request for the Development Order.

Ms. Lustgarten stated that these will be recommendations to the Department of Community Affairs on this Development Order. The

Board is adding additional conditions, except for the housing revisions, which are in place.

The Chairman called for the vote on the motion to amend the proposed Development Order, with the motion being carried unanimously (4-0).

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a Development Order for Southlake "Florida Quality Development", as amended.

The motion was carried by a 3-1 vote, with Commr. Swartz voting "no".

PETITION #136-90-1 Revision to PUD Ord. #62-90

Robert L. Chapman

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved to amend the Southlake Planned Unit Development Ordinance #62-90, to include comments made by Environmental Services, the school, fire, and police language on Page 37, and to be included in the appropriate places, along with the necessary language regarding housing, and water and wastewater.

Ms. Lustgarten stated that the other conditions in the Development Order will need to be incorporated into the PUD Ordinance to conform them as well.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved the request for a revision to the Southlake Planned Unit Development Ordinance #62-90, as amended.

The motion was carried by a 3-1 vote, with Commr. Swartz voting "no".

FLORIDA QUALITY DEVELOPMENT DESIGNATION - Robert L. Chapman

Commr. Bakich made a motion, which was seconded by Commr. Hanson, for the Board to approve the request for Southlake Planned Unit Development to be designated as a "Florida Quality Development (FQD)".

Under discussion, Commr. Bakich stated that, in the beginning he did not feel he could be in support of the project, but after the effort and energy the applicant demonstrated, Mr. Chapman and all involved should be commended.

Commr. Hanson also extended to the applicant her confidence in the project.

The Chairman called for a vote on the motion, with the motion being carried by a 3-1 vote. Commr. Swartz voted "no".

It was noted that the proper resolution would be presented to the Board by the County Attorney.

ESTABLISHMENT OF A COMMUNITY DEVELOPMENT ORDER

Robert L. Chapman

Ms. Lustgarten stated that the action taken by the Board will be approval of the Petition to Establish Southlake Community Development District (CDD), with a resolution coming back to the Board that creates the CDD.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request to establish a

"Community Development District (CDD)" for the Southlake "Florida Quality Development (FQD)".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:20 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA\BOARDMIN\6-18-91\7-19-91