BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 27, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, October 27, 1992, 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: Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. It was noted that Michael J. Bakich, Chairman, was not in attendance. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Finance Director; and Toni M. Riggs, Deputy Clerk.

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

COMMISSIONERS

It was noted that Commr. Bakich would not be present for the meeting, and, therefore, Commr. Gregg would preside as Chairman.

MINUTES

Discussion occurred regarding the Minutes of October 6, 1992, with the following amendments being made:

Page 20, Lines 33-34: Add: "...in the Bay Lake area at some time

in the future."

Page 15, Line 33: Add: "Senator Connie Mack".

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of October 6, 1992, Regular Meeting, as amended.

REZONING

Commr. Gregg stated that, before the Board moved ahead with the agenda, there will be a recommendation made to postpone the cases under rezoning that fall within the Green Swamp area.

Mr. Pete Wahl, County Manager, stated that the reason for the staff recommendation to postpone the cases is based on a discussion with the attorney representing Lake County in its negotiations with the Department of Community Affairs (DCA). He stated that, because

the County is in the final stages of negotiation for a stipulated settlement, the attorney has recommended the Board table any action on any rezoning requests in the swamp.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, informed the Board that the staff recommendation involves a 30 day postponement.

Ms. Annette Star Lustgarten, County Attorney, stated that the issue of postponement of the cases could be addressed at 9:30 a.m., as scheduled.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant #158423 through Warrant #158944 for the following accounts:

General Revenue County Transportation Trust

Special Projects County Fire Control Fund

Section 8 Law Library

Private Industry Council Landfills

Insurance Fund Animal Shelter Trust Fund

Road Impact Capital Outlay

Mosquito Control Commissary Trust Fund

Resort & Development Fund Tax Northeast Ambulance

Greater MSTU Countywide Library

Aquatic Weed Emergency 911 Fund

Miscellaneous/Gas Fund Law Enforcement Trust Fund

Bonds - Contractor

New

5145-92 Lebass Electrical Service Inc.

1646-93 Donald Girard (Carpentry)

1652-93 Kenneth E. Hastings d/b/a 4 Seasons Air Conditioning

4157-93 Raymond L. Anderson d/b/a Air Control

4684-93 Charles K. Pepper (Air Cond. & Heating)

4960-93 Trisha Harrison d/b/a Grady Harrison Masonry Co.

5018-93 Varhol Electric Inc.

5045-93 Spencer J. Dameron, Jr. & Michael Dameron d/b/a

Environmental Air & Electric

5082-93 A. Thomas Smith of Advantage Plumbing, Inc.

5090-93 Raymond W. Smith d/b/a Main Line Electrical Constr.

5151-93 Jean A. Morrissette (Electrical)

Rescind

5009-93 Vittorio Constintino d/b/a Constintino Constr.

Cancellations

4353-92 Henry Fehrmann Heating & Air Cond., Inc.

4408-92 Alderman Plumbing & Heating Co.

4735-92 Bruce J. Kantor d/b/a B J's Aluminum

5071-92 Edward Mitchell & Giavanni Meshino d/b/a Artic Air

Heating & Cooling

5146-93 Bottoms Up Boat Lifts, Inc.

Accounts Allowed/Municipalities/County Property

Request from the City of Leesburg to purchase a paging system from the County, which the County has declared as surplus, in the amount of $400.00.

Accounts Allowed/Courts-Judges

Satisfaction of Judgment, Case No. 90-183-CJ, 90-184-CJ, 90- 1116-CJ, Robert L. Shaffer, Juvenile, Russell Shaffer and Eileen Shaffer, in the amount of $50.00.

PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 695 - Halley B. Wooley, Jr., et al - District 2

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss the request.

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

Mr. George Hovis, Attorney representing the applicant, was present to answer questions.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved Vacation Petition No. 695 by Halley B. Wooley, Jr. and Maridell C. Wooley, represented by George E. Hovis, to vacate road, Lake Highlands Company, Clermont area - District 2, as advertised.

CONTRACTS, LEASES & AGREEMENTS/FACILITIES & CAPITAL IMPROVEMENTS/COUNTY BUILDINGS

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to discuss the execution of a contract and request to encumber funds for Odell and Associates for architectural services for the renovation of the Administration Building, Historic Courthouse, Old Jail, Property Appraiser's Office and the Tax Collection/Old Records Storage Building. Mr. Anderson stated that, on August 8, 1992, the Board authorized members of the selection committee to begin negotiations with Odell

and Associates for the architectural services for the renovation of the existing County office facilities. At this time, he discussed the four phases in the proposal, and the costs involved with each, for an estimated total amount of $377,000.00.

Commr. Hanson questioned the grants that are available for the historical buildings, with Mr. Anderson responding that the County has passed the time frame to make application for the grants this year, but that the grants are very restrictive to restoration, as opposed to renovation.

Ms. Annette Star Lustgarten, County Attorney, stated that the contract is still under negotiation, in terms of detail, and that the contract will be approved subject to final review by the County Attorney's Office.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the execution of the contract and the request to encumber funds for Odell and Associates for architectural services for the renovation of the Administration Building, Historic Courthouse, Old Jail, Property Appraiser's Office and the Tax Collection/Old Records Storage Building, subject to final review by the County Attorney's Office.

ACCOUNTS ALLOWED

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

RECESS & REASSEMBLY

At 9:15 a.m., the Chairman, Commr. Gregg, announced that the Board would recess for 15 minutes, and reconvene for rezoning.

REZONING

PETITION #51-92-2 - A to R-1 - Pine Island Lake Grove

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, Mr. Don Griffey, Engineering Director, and Mr. Jim Barker, Director of the Division of Environmental Management, appeared before the Board, and the Deputy Clerk administered the oath.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, informed the Board that Mr. Steve Richey, Attorney representing the applicant, presented him with a letter requesting a 60 day postponement.

Ms. Annette Star Lustgarten, County Attorney, stated that the applicant's request was for a 60 day postponement. Until the amendment to the Comprehensive Plan and the compliance agreement is resolved, which is on the Board's agenda for next Tuesday, Mr. Jake Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., and she would recommend that the Board defer action on any applications in the Green Swamp. Ms. Lustgarten further stated that there are three pending administrative hearings based on development in the Green Swamp. She stated that, once the Board takes formal action next week, the Board will have adopted the new land use designations in the Green Swamp, and it will be more appropriate for any applications to go forward.

Mr. Steve Richey appeared before the Board and stated that a 30 day postponement would be acceptable.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to R-1 (Rural Residential), for development of single-family residences, for 30 days, until November 24, 1992.

PETITION #55-92-2 A to R-1 James A. Hanson

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the request and stated that staff is requesting a 30 day postponement, due to the property being in the Green Swamp area.

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to R-1 (Rural Residential), for a single-family residence, for 30 days, until November 24, 1992, as recommended by staff.

PETITION #52-92-2 A to AR Delmar M. Berg

It was noted that the applicant was present in the audience, and no one present wished to speak in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for the construction of a single-family residential conventional home, for 30 days, until November 24, 1992, as recommended by staff.

PETITION #61-92-2 A to AR Gary Johnson and

Arvid R. Johnson, Sr.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the request to the Board and stated that staff is requesting a 30 day postponement, due to the property being in the Green Swamp area.

Mr. Gary Johnson, applicant appeared before the Board, and the Deputy Clerk administered the oath.

Mr. Johnson discussed the property in question and stated that the family is trying to split the property, in order to build houses on it. He stated that there is an old house on the 2.75 acres that he wants to rebuild. Mr. Johnson stated that he had not received any notice of postponement, and expressed the hardship that his family was placed under, in order to appear before the Board today.

Ms. Annette Star Lustgarten, County Attorney, explained that the recommendation for postponement is being made because the County's Comprehensive Plan has been challenged by the Department of Community Affairs (DCA). This property is in the Green Swamp, and the Board is in a transitional time frame. On November 3, 1992, the Board will be considering a compliance agreement, as well

as amendments to the Comprehensive Plan, which will finalize what the land designations will be. Ms. Lustgarten stated that she, along with outside counsel, are advising the Board not to take action on the items in the Green Swamp, until after next Tuesday.

Discussion occurred regarding the location of the applicant's property, with the Board directing Mr. Stubbs to verify that this property is in the transitional area.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for the construction of a single-family residence, for 30 days, until November 24, 1992, as recommended by staff.

PETITION #85A-91-2 Amendment to PUD Ord. #48-91

Central Development Inc.

Ms. Cecelia Bonifay, Attorney representing the applicant, was present and stated that she had no problem with the 30 day postponement being requested by staff.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the request for amendment to PUD Ord. #48-91, in its entirety, for 30 days, until November 24, 1992, as recommended by staff.

PETITION CUP#92/9/1-2 CUP in A CRA-Mar Groves Inc.

PETITION CUP#92/9/3-2 CUP in A Catherine E. Ross Groves Inc.

PETITION CUP#92/9/2-2 CUP in A Gary & Martha J. Hatley

PETITION CUP#92/9/4-2 CUP in A Paul E. Fabry

PETITION CUP#92/9/5-2 CUP in A Carl & Patricia H. Fabry

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented these cases to the Board and stated that they are Conserv II Projects. He stated that Mr. Jim Barker, Director of the Division of Environmental Management, has been working with

the City of Orlando and Orange County, in order to receive an agreement/contract with them for the provision of services to Lake County. Mr. Stubbs stated that an agreement has not be signed, and requested that these cases be postponed for 30 days.

It was noted that the applicant for each case was not present, and that no one wished to speak in opposition to the requests.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the following cases, for 30 days, until November 24, 1992, as requested by staff:

CRA-Mar Groves Inc. - CUP in A - Mark Griffith

CUP#92/9/3-2 - CUP in A - Catherine E. Ross Groves Inc.

CUP#92/9/2-2 - CUP in A - Gary & Martha J. Hatley

CUP#92/9/4-2 - CUP in A - Paul E. Fabry

CUP#92/9/5-2 - CUP in A - Carl & Patricia H. Fabry

LUPA #92-7-4-5 Land Use Plan Amendment - Rural to Suburban

David VanBibber, Tammi VanBibber, Dwight VanBibber and

Penny VanBibber

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the request to the Board and stated the applicants are requesting an amendment to the Land Use Map, which exists today, and any subsequent maps that are created, for suburban for this piece of property located next to a fairly high density mobile home park.

Ms. Annette Star Lustgarten, County Attorney, stated that this amendment is coming through out of the normal sequence, because it is coming through as a small lot amendment, which is permitted by Florida Statutes, Chapter 163, if it is under ten (10) acres, or ten (10) units per acre. She stated that this is a proposed amendment to the County's existing Comprehensive Plan adopted in July. The Board will be considering a new map next Tuesday, November 3, 1992. She further stated that this amendment could be approved by including this change on the map to be considered on Tuesday, in order to eliminate the need of going through the review process.

Ms. Leslie Campione, Attorney representing the applicants, appeared before the Board and stated that she had contacted legal

counsel at the Department of Community Affairs (DCA), and questioned what effect this issue would have on the County's Comprehensive Plan, pursuant to the compliance agreement. Their response was, if the underlying range designation is the same, then there would be no problem. She stated that the land is rural under the existing Comprehensive Plan, and it will have a rural land use designation under the new Comprehensive Plan. She questioned whether it would be preferable to be included in the Comprehensive Plan amendment to be considered on Tuesday, or would it be preferable to keep this issue as a separate land use plan amendment under the "less than ten (10) acre" rule.

Ms. Lustgarten indicated that the problem that she has with this request involves this being an amendment to the County's existing plan.

Ms. Campione stated that DCA indicated that the amendment could be approved today, with staff holding onto it and sending it to them after the compliance agreement is sent to them. She further stated that DCA had no problem with it being approved under the old plan, as long as the underlying designation did not change under either one.

Ms. Lustgarten stated that it depended on whether the Board wants to treat this issue separately and adopt it today, or include it in the Comprehensive Plan amendment.

Ms. Campione discussed the history of the request, in terms of ownership and the surrounding zoning, and stated that the property is directly adjacent to the Sun Lakes Estates Mobile Home Development, which is designated as a rural land use.

Commr. Bailey and Commr. Gregg stated they both supported the request the last time it was before the Board and would support it this time. Commr. Gregg suggested that, if the request is approved, the documentation should be held for five (5) days before sending it to the DCA, in order to eliminate any confusion.

Commr. Swartz stated that he did not support the request the last time it was before the Board, and stated that the mobile home

park that is there is now a non-conforming zoning within the Comprehensive Plan. He stated that the parcel of property is near the mobile home site, but not adjacent to it, and that the Board would be creating a land use designation which is totally surrounded by a land use designation which is agriculture. He stated that he voted against this before, and if there was a Comprehensive Plan that could change the land use designation in this area, he would support looking at it.

Discussion occurred regarding when the property was purchased by the applicants, with it being noted that the time was November, 1991, and that the Comprehensive Plan was approved by the County in July, 1991.

Commr. Hanson stated that she would vote against this request, because of the Land Use Map, and because this would be extending a non-conforming area. She stated that other cases will be coming forward before the Board similar to this one, and these types of problems need to be resolved.

Discussion occurred regarding the conversation that Commr. Bailey and Mr. Stubbs had with Mr. Jake Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., in reference to this case, with the possibility of there being a misunderstanding after this situation was explained. After Mr. Varn received an explanation of the case, he indicated that, if the land use designation is 1 to 5, the applicant would have to maintain 1 to 5, with there being no way to do subsequent splits.

Ms. Campione called Ms. Bonnie Roof as a witness, and the Deputy Clerk administered the oath.

Ms. Roof appeared before the Board and stated that she had been hired by the VanBibbers to assist them in rezoning the property to agricultural residential, in order for them to place two (2) dwellings on the property. She stated that, prior to submitting the rezoning application, the VanBibbers met with staff, and were informed that they would have no problem in obtaining the rezoning. Ms. Roof continued to testify that she proceeded to

handle the case for the VanBibbers. She talked with Mr. Stubbs and was basically given the same information. When she was completing the rezoning application, she called the County department to find out the proper designation of the property, and was told that it was rural village. Based on that information, she and the VanBibbers proceeded with the rezoning. Later, at the Planning and Zoning hearing, they found out that the property was designated rural. Ms. Roof informed the Board that she has in her possession a copy of the agenda that was produced by County staff that shows the designation as rural village. Ms. Roof stated that she talked with DCA, with DCA indicating that they thought the request was a routine request. At this time, she reviewed previous action taken by the Board and the Planning and Zoning Commission on this particular case.

Ms. Campione referred to Florida Statutes, Chapter 163, which allows small, under ten (10) acre, amendments, and allows the County flexibility, and provides a review by DCA.

Commr. Hanson stated that, after hearing the testimony of Ms. Roof, she will change her vote to be consistent with the vote that the Board had previously taken on the side of the applicant, because the request will still go before DCA as an amendment, which can be turned down at that time.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a Land Use Plan Amendment from Rural (maximum density 1 Du/5ac) to Suburban (maximum density 3 Du/1ac), for two single-family residences.

The motion carried by a 3-1 vote, with Commr. Swartz voting "no", and Commr. Bakich not being present.

PETITION #63-92-4 R-6 to CFD Lake County Board of County

Commissioners Mt. Plymouth Fire District

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board.

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

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-6 to CFD (Community Facility District), for the expansion of a fire station.

PETITION #62-92-2 A to CP Hartle Groves Inc.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board. He informed the Board that Mr. Don Griffey, Engineering Director, recommended the dedication of additional right-of-way, as indicated in his memorandum.

Commr. Swartz stated that, with the current Comprehensive Plan, if you have urban, urban expansion, or suburban classification on the Land Use Map, it will allow commercial development in any of those areas, which will be on both sides of every major road in Lake County.

Commr. Bailey made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial), for a model home center for a three (3) year time period, which will include the dedication of additional right-of-way to provide 50 feet from the centerline of C-455, as recommended by Mr. Don Griffey, Director of Engineering.

Commr. Hanson questioned the use of the entire 13 acres, with Mr. Stubbs stating that the Board can limit them to a smaller portion by requiring the applicant to get a survey, and to supply staff with a new legal description.

Mr. George Hovis, Attorney representing the applicant, appeared before the Board and stated that he would prefer that the request be approved for the rezoning of the entire 13 acres, and he would submit a site plan. He would like to have 1 1/4 to 1 1/2 acres and defer the balance of the land.

Commr. Bailey included in his motion the 1 1/2 acres being confined to the CP use in the 13 acres, with Commr. Hanson including these conditions in her second to the motion.

Ms. Annette Star Lustgarten, County Attorney, stated that all subsequent development will have to come back before the Board for approval.

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

PETITION #54-92-2/3 PUD to A Dennis S. SeRine

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board.

No one present wished 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 PUD (Planned Unit Development) to A (Agricultural), for agricultural related uses, and including the dedication of additional right-of-way to provide 33 feet from the centerline of Number Two Road, as recommended by Mr. Don Griffey, Engineering Director.

PETITION #58-92-1 RP to R-8 Pharo Boyd

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board, and commented that the future Land Use Map would be decreasing the density to seven (7) units and creating a district for mixed residential to go up to seven (7) dwellings per acre.

No one present wished to speak in opposition to the request, and there were no questions to be asked of the applicant who was present in the audience.

On a motion by Commr. Bailey, 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 R-8 (Mixed

Residential), for the placement of a single-family dwelling (mobile home).

PETITION #64-92-3 R-1-7 + CUP#814A-1 & R-1-7 & LM

Haines Creek Baptist Church

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board, and stated that there was one letter against the request. It was noted that the request would not be affecting the LM zoning of the property owned by Mr. Allan Konstan.

No one present wished 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 R-1-7 (Urban Residential) + CUP#814A-1 & R-1-7 & LM (Light Manufacturing) to CFD (Community Facilities District), to keep the existing uses with the addition of land for temporary office space while the church education building is restructured.

PETITION #56-92-5 A to R-1 Judith A. Jones

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board, and stated that there was a letter submitted by the Town of Lady Lake advising that water and sewer services are available to this property.

It was noted that the applicant was present in the audience, and was aware of the water and sewer services.

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

PETITION #57-92-3 Amend CP ORD#19-86 to CP with C-2 & C-3

uses - Dale Bartch and/or Susan Hairston

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented this case to the Board. Mr. Stubbs stated that, if the request is approved, the Board take out the normal intensive general retail uses. He further stated that the request was approved by the Planning and Zoning Commission, subject to no road improvements being required on Merry Road. The Department of Public Services did recommend that Merry Road be upgraded to the County standards.

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

Mr. Don Griffey, Engineering Director, appeared before the Board and stated that Merry Road currently is not a County maintained road, because it was not constructed to County standards. At this time, Mr. Griffey discussed the history of the construction of Merry Road, and the requirements of the Land Development Regulations (LDRs). Mr. Griffey stated that, if it is the intent of the applicant to develop the property more so than it is, staff would want to see the road further improved when they come in with their site plan. He discussed the Planning and Zoning Commission's recommendation, and stated that the road improvements would not be a condition of the rezoning, but that, when the applicant comes in for site plan approval, the applicant will be required to meet the stipulations of the LDRs.

Commr. Swartz discussed the roads in that area that do not meet County standards, and suggested that a special assessment be considered for all of the property owners in this area.

Mr. Steve Richey, Attorney representing the applicants, appeared before the Board and stated that the applicants are trying to change the use of an existing building, and if the applicants expand that use beyond the 7,200 square foot building, they will participate in the paving on the road in front of the building, and in the lien assessment for the overall road. He further stated that the applicants do not have a problem with including in the CP,

should the site plan be modified beyond the 7,200 square foot existing building, they will deal with the road problems at that time, as required by the County. Mr. Richey stated that it was not the intention of the applicants to expand the use.

Mr. Stubbs stated that staff is not recommending general retail type uses.

Mr. Richey stated that the services in the application refers to CP with C-1, C-2, and C-3 uses, and specifically refers to auto repair, consumer services, repair self service storage, and vehicle sales.

No one present wished 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 to amend CP ORD#19-86 to delete land and rezone to CP (Planned Commercial) with C-1, C-2 and C-3 uses, for future commercial uses, as outlined in the application, and presented above by Mr. Steve Richey.

Commr. Swartz clarified that the motion did not include conditions for road improvements, but requested staff to come back with a special assessment for this area of roadway.

COUNTY EMPLOYEES/LAND DEVELOPMENT REGULATIONS

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, introduced Ms. Anne Weekes, Planner II, to the Board members.

ENVIRONMENTAL SERVICES/RESOLUTIONS

The Chairman announced that the advertised time had arrived for the public hearing on the resolution to designate a specimen tree on the property of Mrs. Doris Kohl.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the resolution would need to be approved subject to final review by her office.

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

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

the Board of County Commissioners at their July 7 1992 meeting, to designate a specimen tree on the property of Mrs. Doris Kohl, subject to final review by the County Attorney's Office.

RECESS & REASSEMBLY

At 10:39 a.m., the Chairman announced that the Board would recess for five minutes.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Pete Wahl, County Manager, was present to discuss the history of the Board appointing a renegotiation team comprised of staff and Mr. Robert G. Varner, Jr., to meet with Ogden Martin. He stated that he reported back to the Board a recommended agreement, and today the Board has before them an amended contract that reflects the items incorporated within the renegotiation settlement. The request today involves the Board's consideration of the draft agreement to either approve it, reject it, or table it for a period of time.

It was noted that Mr. Varner was present for the discussion.

Commr. Bailey suggested that the item presented by Mr. Wahl be tabled, and to let the newly elected Board discuss the issue.

Commr. Gregg stated that he would be in favor of tabling the issue for the newly elected Board to review, and that he still feels that the contract renegotiation is the best deal for Lake County.

Commr. Hanson stated that she is in agreement with Commr. Bailey and Commr. Gregg, to let the newly elected Board decide, and for the County to continue with the existing contract.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone, without a time certain, consideration of the renegotiated contract with Ogden Martin, until the new Board is seated and has had an opportunity to review and consider it.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:53 a.m.

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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