A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 12, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, January 12, 1988 at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.; Don Bailey; Claude E. Smoak, Jr.; and Thomas J. Windram. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Assistant; Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.

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

ELECTIONS

Commr. Smoak brought up for discussion, the issue involving single member districts. He stated that the Executive Committee of the Democratic Party and the NAACP requested that a question be placed on the ballot, which called for the election of single member districts. The question was introduced to the Legislature in 1983, by Representative Alonzo Reddick in Orlando. Commr. Smoak stated that, at the same time, a question regarding the election of the School Board Superintendent was placed on the ballot. The public has always been able to vote for all School Board members and all County Commissioners, however, should single member district voting be approved, it would prohibit the public from voting for four of the five County Commissioners and four of the five School Board members.

Commr. Smoak stated that he felt there had not been adequate public discussion about the merits of single member districts. He stated that the opportunity is available for the Board of County Commissioners, by majority decision, to let the people in Lake County determine this action by reaffirming the previous vote, and placing the question back on the March, 1988, Presidential Primary ballot.

Commr. Smoak stated that single member districting will cause single district interest, with the public and politicians showing no concern for the other districts and overall County interest.

Commr. Windram stated that he has always supported countywide elections, because he felt it was in the best interest of the general public. He stated that he had reservations regarding placing the issue on the ballot at this time, because there would be a limited time to argue and discuss the issue before trying to place it on the March, 1988, ballot. It was his feeling that the people wanted to be able to vote for all of the Commissioners.

Commr. Carson stated that he was consistent in feeling that countywide elections was the way to go. He felt that it would be impossible to place the issue back on the ballot, until a petition or an overwhelming request was made, because he felt that the people have had the opportunity to express their feelings, with the issue being voted down.

Commr. Burhans felt that the public had expressed their opinion on the issue, which was voted down, and that he would not vote to place the issue of single member districts back on the ballot. At this time he stated that he would not request comments to be made from the audience.

Commr. Smoak informed the aud ience that the question was stated on the ballot, according to the Florida Statutes, however, felt that the public had not been well informed about the issue of single member districts.

It was the feeling of the Board that a motion was not necessary on this issue.

MINUTES

Discussion occurred regarding the Minutes of January 5, 1988. The Board made corrections, but postponed action, due to a recess called by the Chairman.

RECESS & REASSEMBLY

At 9:25 a.m., the Chairman announced that the Board would recess for five minutes.

MINUTES (CONT'D.)

Discussion continued regarding the Minutes of January 5, 1988, under LAWS AND LEGISLATION, on page 6. At this time Mr. Chris Ford, County Attorney, submitted to the Board a Memorandum, dated January 11, 1988, in relation to the Sales Tax Criteria. The memorandum stated that the Florida Department of Revenue (DOR), in a notice dated December 21, 1984, read that a transaction was subject to the tax when the dealer is located in a county imposing the tax, and delivery occurs in such county. There were numerous other ways to become subject to the tax, such as special rules for ticketed events, utility services, and property lease or rental.

The memorandum further stated that, on September 1, 1985, DOR issued a new notice, based on Chapter 85-342, Laws of Florida, which changed the criteria for the sales. With the exception of the sale of titled vehicles the revised criteria applied the tax when a dealer is located in a county imposing the tax. The requirement that delivery occur in said county was eliminated. There continued to be special rules for titled vehicles, ticketed events, and utility services.

It appears that sales by Lake County dealers are subject to the additional tax even when delivered out of the county, and that this is a statutory, not regulatory, determination. An appeal to change this situation properly, should be addressed to the Legislature, rather than to DOR, which appears to be putting the legislative intent into operation, as indicated in the memorandum.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of January 5, 1988, as corrected.

REPORTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the month ending December 31, 1987, in the amount of $89,999.48.

ACCOUNTS ALLOWED/DEEDS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the unclaimed excess proceeds due landowners on applications for tax deeds, in the amount of $27,057.71.

ACCOUNTS ALLOWED/ASSESSMENTS/COURTS-JUDGES/SUBDIVISIONS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Satisfaction of Judgment, Case No. 87-1115-CP, for Larry Shanz McCormick and Delorese McCormick, in the amount of $50.00.

Included in the motion was approval and signature authorization on the following Satisfaction of Assessment Liens:

Astor Forest Campsites

John & Julie Cassino $ 964.95

Ocala Forest Campsites #3

MacDavid & Lila McKirgan $ 548.23

Springs Bath & Yacht Club Unit 1

John W. & Martha M. Matheson $1,083.54

Pomerosa Subdivision

Louise & Deborah Broadway, Jr. $ 826.57

Ravenswood Park Subdivision

Autry L. & Carolyn A. Ponds $ 189.20

Lake Junietta Homesites

Clara Irene Tate & Gladys C. Deming,

Joint tenants with rights of

survivorship $ 483.86

Lakeview Heights

Donald Myers $ 945.19

Harbor Shores Unit 1

Alden E. & Olla M. Crase $ 396.12

Woodland Hills Subdivision

Jimmie W. & Roseanne Jones $ 288.00

Pearl E. Loucks 405.22

Mt. Plymouth

John J. Gasko $ 179.47

John Gasko 978.16

Herman L. Derrow 542.96

Henry Littles 552.07

Henry Littles 552.07

COUNTY ADMINISTRATOR'S AGENDA

CONTRACTS, LEASES AND AGREEMENTS

Mr. Michael C. Willett, County Administrator, informed the Board that Urban Cable Communications has failed to furnish to the County the necessary bond, and Proof of a Pole Attachment Agreement, both of which were to be furnished several months ago.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the County Administrator, to give written notice to Urban Cable Communications, that their franchise will be cancelled unless it is brought into compliance within 60 days.

ACCOUNTS ALLOWED/BIDS/POLLUTION CONTROL

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request for authorization to seek bids for a computer system, for the Environmental Services Division, Pollution Control Department, at a cost not to exceed $45,000.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, was present to answer questions regarding the purchase of a floor buffer. He stated that the buffer would be moved from fire station to fire station for use.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, he Board approved the request from the Bassville Fire District, to purchase a Clark C-2000 floor buffer, with accessories, at an estimated cost of $860.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, was present to answer questions regarding the purchase of a pumper from the City of Orlando.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Mt. Plymouth Fire District, to purchase a 1969 Ward LaFrance pumper from the City of Orlando, for $9,000.00.

ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, was present to answer questions regarding the purchase of a Dodge 0150 pick-up truck.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Pasco Fire District, to purchase one Dodge D150 pick-up truck, from State Contract, at a cost of $8,705.00.

CONTRACTS, LEASES & AGREEMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, was present to give an explanation of the request for signatures, on the Mutual Aid Agreements, with the counties of Orange and Seminole.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures, on the Mutual Aid Agreements, with the counties of Orange and Seminole, for the FY 87/88.

ACCOUNTS ALLOWED/BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS

Mr. Chuck Sowers, Fire Coordinator, was present to give the breakdown of fees for the purchase of bunker gear, protective breathing apparatus/spare air bottles, fire hose and electric generators.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to go out to bid, for the Countywide purchase of bunker gear, protective breathing apparatus/spare air bottles, fire hose and electric generators, at an estimated cost of $129,260.00.

ACCOUNTS ALLOWED/ANIMAL CONTROL

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from Animal Control, for Frankie Thorpe to attend "Level II Leadership/Management for Animal Care and Control Professionals" course, in Vero Beach, on February 10-12, 1988, at an estimated cost of $366.00.

AMBULANCE-HOSPITAL DISTRICTS/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for signatures on a Resolution for Emergency Medical Services Certificate of Public Convenience and Necessity, for Waterman Medical Center.

ACCOUNTS ALLOWED/FAIRGROUNDS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Fairgrounds, to purchase a Dodge D150 pick-up truck, from State contract, at a cost of $8,705.00.

GRANTS/PUBLIC HEALTH

Mr. Michael C. Willett, County Administrator, requested postponement of the discussion regarding the creation of a non-profit corporation, made up of nine members appointed by United Way and the Board of County Commissioners, in order to apply for senior services grants, from the Area Agency on Aging.

ACCOUNTS ALLOWED/BUILDING DEPARTMENT

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Building Department, for Jack Bragg to attend the 36th Annual Conference for Building Officials, on January 31 through February 3, 1988, in Tampa, at an estimated cost of $319.00.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Planning Department, for the appointments to the Citizens Advisory Committee. for the Recreation and Open Space Element of the Comprehensive Plan, as follows:

Team Sports Museum/Interp. Sites

James Miller (Leesburg) Ann Turley (Astor)

Frank Scholz (Tavares)

Hiking/Horseback Trails Bicycling

Lannie Thomas (Fruitland Park) Roy Meador, Jr. (Fruitland Park)

Audrey Reed (Howey-in-the-Hills)

Water-Based Recreation Parks/Picnic Areas

Mike Bakich (Umatilla) Annalea Blair (Leesburg)

Barbara Smith (Clermont)



County/City Coordination

Organized Youth Activities

Charlene Retey (Eustis) Anita Simpson (Mount Dora)

Debbie Hall (Tavares)

Lake County Future Growth Environment/Conservation

John Weatherford (Eustis) Charles Lloyd (Leesburg)

William Davis (Leesburg)

BONDS - MOBILE HOME

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Zoning Department, for the cancellation of the following mobile home bond:

Ted Wyatt - South Lake County Area - District #2

COURTHOUSE

Commr. Smoak recollected that the vote by the Board of County Commissioners was 3-2 on the decision to enhance the security of the Courthouse. He stated that he continues to feel that the County should not restrict the public access to the Courthouse. At this point, he discussed the financial obligation, in terms of the cancellation of the contract, for the equipment and installation. He discussed the screening system that will be installed.

Commr. Bailey stated that he would be inclined to agree, however, would like additional time to review the need for the security of the Courthouse.

Commr. Burhans stated that his objection was regarding the restriction to the general public, not the judges and their chambers being installed with the necessary security means.

Mr. Bob McKee, Executive Assistant to the Clerk, informed the Board that the equipment is scheduled to be here between the third and final week of the month of January, with Mr. Bob Gnann, Chief Bailiff, bringing the necessary staff in, the week after next, to begin training.

Mr. McKee stated that approximately $34,000.00 will be spent to purchase an X-ray machine, and a walk-through metal detector, for the front door of the Courthouse, which is the public entrance. Also purchased, is a walk-through weapons detector, for the fourth floor of the Old Courthouse (which is portable), and four hand-held scanner weapon detectors, to be used as the need arises. The equipment will be identical to the equipment presently being used at the Orlando International Airport, from Astro-Physics.

Commr. Smoak stated that his main objection was the restriction of the public, to the front entrance of the Courthouse.

Mr. McKee stated that he understood the intent of the Committee to secure the Courthouse, was to protect the citizenry when they had the occasion to be within the Courthouse, and not necessarily to fortify the Courthouse from those people.

Commr. Burhans stated that the Courthouse security issue would be brought back before the Board on February 2, 1988.

CONTRACTS, LEASES AND AGREEMENTS/POLLUTION CONTROL

STATE AGENCIES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss contracting with the Florida Department of Environmental Regulations, to administer an underground storage tank program, in Lake County. Mr. Findell discussed the inspection procedures that would be used in the program.

Mr. Findell stated that there are 1,455 registered tanks in Lake County, with 527 of these tanks being 25 years old or older. He stated that, at present, there are 35 sites that have a leaking problem.

Mr. Findell stated that the program is presently being administered by the Department of Environmental Regulations, with two people in Orlando administering all aspects of the program, for a nine county area.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board authorized Mr. Findell to negotiate with the Department of Environmental Regulations, a proposed contract, which would be submitted back to the Board of County Commissioners, for final approval, and before entering into the contractual agreement with DER.

JAILS

Commr. Burhans distributed to the Board members a memorandum from himself, regarding the procedures to be used to determine the employment of a construction manager, for the Criminal Justice /Jail Facility.

RECESS & REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would recess until 11:00 a.m., in order for the Board members to review the memorandum distributed by Commr. Burhans.

JAILS (CONT'D)

Commr. Burhans requested comments from the Board, in regards to his memorandum, relating to the Criminal Justice/Jail Facility.

Considerable discussion occurred regarding the memorandum. Concerns involved the ranking procedures, and the provision of backup information, for review.

Mr. Chris Ford, County Attorney, informed the Board that he has communicated with Dr. Brisbane Brown, who felt that, if he was allowed to participate in the meeting, with the project managers and superintendents, he could present constructive questions and give constructive advice to the Board, but that Dr. Brown does not want to give his matrix rankings, until the Board gives him a Letter of Indemnity.

Mr. Ford recommended that the Board have Dr. Brown participate in the meeting, by answering questions and giving comments, related to his expertise in the field of construction management.

Mr. Ford discussed the different types of contracts, which are very similar in form, and to which addendums may be added, to save the County disagreements and expenditures in the future.

Discussion occurred regarding Dr. Brown following the format procedures presented to the Board, by the Chairman, and then the Board deciding whether or not it wishes to indemnify him, which was not felt to be necessary at this point in time.

Mr. Ford reviewed the Sunshine Law, with the Board, in relation to the members visiting other sites and communicating with the construction managers.

COUNTY EMPLOYEES/COUNTY ADMINISTRATOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and adopted January 18, 1988, as recommended by Commr. Burhans, honoring Martin Luther King's birthday, as an additional holiday for all County employees.

JAILS (CONT'D.)

Discussion continued regarding the procedures distributed by Commr. Burhans, for the Board to determine the employment of a construction manager.

The Board scheduled a meeting with the project managers and superintendents of the construction management firms, for January 26, 1988, at 9:00 a.m.

Mr. Ford suggested that the Board schedule the meeting, with the architects (HOK) and jail consultant, between now and January 26th. The meeting had been tentatively scheduled for January 18th, which has now been adopted as a holiday for County employees.

Mr. McKee discussed the format to be used for the contract, and stated that there had been questions received from the firms, regarding the contract composition, being requested by the Board.

Commr. Smoak stated that he would like to review a contract from each firm, as part of a bid process, and have the Board adopt a specific form, and uniformly request the firms to present a contractual form on the adopted format, which the Board would devise, so that comparisons can be made.

Mr. Ford suggested requesting the firms to submit contract proposals that would not be opened, until a few days before the interviews, or require all three of the firms to give to the Board a fee proposal, with specific costs.

Commr. Smoak once again suggested having the firms submit their proposals, in a format of their choice, and then, from the proposals, adopt a uniform format.

Discussion occurred regarding the need for one basic contract and having the figures up front for consideration.

Mr. Ford recommended that a fee proposal be requested from each firm, as he felt it would contain all the necessary information, but that the important issue would be the ranking of the firms, at the January 26th meeting.

Discussion occurred regarding the possibility of having Dr. Brown compare and analyze the proposals.

Mr. McKee informed the Board that he has available the most recent construction manager project contracts, with the three firms, which the Board members may review, in order to determine whether or not each firm will be able to submit to them the necessary information, being requested. Mr. McKee requested that each firm review their own present contract, once the project has been completed, and suggest items which they felt should not have been included. Mr. McKee further indicated that the issue of a Guaranteed Maximum Price (GMP) needed to be determined.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board of County Commissioners approved to authorize the Chairman, and/or his appointee, to communicate with the three competing firms and ask them to present to Lake County a contract, in the State format, indicating the manner in which they would propose to do business with Lake County, on a $34.5 million, ten month planning stage, two year construction stage project, with the specifics involved that we need to furnish them, in order to do that, and that we request that they present that contract to the Board of County Commissioners, specifically to the Chairman of the Board of County Commissioners, in a sealed form, as early as possible, but no later than January 21, 1988.

RECESS AND REASSEMBLY

At 12:05 p.m, the Chairman announced that the meeting would recess for lunch and reconvene at 2:00 p.m. for rezoning.

ZONING

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

Postponements

#211-87-5 Daniel Webb February 9, 1988

CUP#817A-3 Fla. Crushed Stone February 9, 1988

Withdrawals

#200-87-l James Wynn

#198-87-3 Greg Homan

PUBLIC HEARING #140-87-5 John & Terry DeSantis

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agriculture) to ER (Estate Residential), to subdivide the parcel into lots.

PUBLIC HEARING CUP#87/11/1-3 Al Besade, Jr.

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for a CUP in MP (Planned Industrial), to extract material so that the site can be developed as an industrial park.

PUBLIC-HEARING #210-87-4 God's Love Center

Mr. Dave Clapsaddle, Principal Planner, informed the Board that 24 individual letters had been received in favor of the request, as well as 71 form letters; and 10 additional letters opposing the request.

Mr. Fred Morrison, Attorney representing a substantial group of home and landowners in the area, appeared before the Board in opposition to the request for rezoning. Mr. Morrison discussed the surrounding zoning, and concerns regarding additional traffic flow, as well as attracting transients to the area. Another concern was the possibility of devaluation to the property within the area. Mr. Morrison stated that the request was for more of a commercial type business, due to the housing involved, and that there was no road access to Highway 441. He had no dispute regarding the need for the Center.

Mr. A. H. Golden appeared before the Board in opposition to the request. He stated that he is a property owner in the area, and has received numerous offers for his property, which would not be in the best interest of the area. Mr. Golden felt that this type of request should be placed in more of an urban area.

Reverend Forest Moore, Mt. Dora, appeared before the Board in favor of the request. He felt that the conditions and description of the Center being requested had been highly exaggerated. Rev. Moore presented an explanation for the use of the Center and informed the Board that the Center has the support of 20 churches.

Mr. Greg Gruetzmacher, owner of the Classique Bowling Center, appeared before the Board, in opposition to the request. He stated that the request is adjacent to the Bowling Center, and discussed concerns for the types of people that would be attracted to the area, and those people wanting a place to take shelter and receive handouts.

Mr. Robert Cisney appeared before the Board in opposition to the request. He discussed the YMCA facility to be constructed in this area, and his concerns for the attraction of transients, and harm that might befall the children.

Laurie Justice, Coordinator for God's Love Center, appeared before the Board to discuss the request. Ms. Justice informed the Board that the request was for a PFD, not low-income housing. At this time she discussed the traffic flow in the area and the highway access. Ms. Justice stated that, in the thirteen months that God's Love Center has been located in downtown Tavares, 1,251 Lake County families have received assistance, with 26 being transients. She informed the Board of the agencies that refer individuals to the Center, and the variety of people who receive assistance from the Center. At this time she submitted to the Board a petition in favor of the Center.

Mr. Herb Aguirresaenz, Director of the Anthony House, in Zellwood, appeared before the Board to discuss the request for rezoning. He stated that his facility is receiving the transients and other people from Lake County, and that Lake County is in need of this facility. Mr. Aguirresaenz stated that the churches have banned together to support this program, and that there is definitely a misconception of the classification of individuals in which the Center assists. He spoke of his facility in Zellwood, which is funded by individuals, businesses and churches. He stated that his annual budget is approximately $120,000.00.

Mrs. Inez Purdy appeared before the Board in favor of the rezoning. She stated that she is a worker and participant in God's Love Center, and helps to assist needy children.

Ms. Justice stated that there are no sleeping accommodations at the present Center.

Mr. Lloyd Rowberg, Mt. Dora, appeared before the Board in favor of the request. He stated that he is a member of the St. Phillips Lutheran Church, in Mt. Dora, which supports God's Love Center, with a commitment of $200.00 per month. Mr. Rowberg stated that the community was in need of such a facility, and the concerns that have been expressed have been exaggerated.

Mr. Charles Regel, Leesburg, appeared before the Board in favor of the request. Mr. Regel stated that he is involved with God's Love Center, and feels that this is a good area for such a facility. He further stated that the chain of zoning got broken with the approval of the bowling alley.

Mr. Morrison presented a rebuttal to the remarks, and discussed the White House Ministry in Leesburg. He stated that such facilities tend to attract the less desirable. He further stated that there is a need for such facilities, but not in this area.

Ms. Justice stated that God's Love Center does not refer individuals to the White House Ministry, because of its restrictions and rules. At this time she presented the building plans for consideration.

Ms. Justice informed the Board that the Center has not purchased the property, as of this time, but the asking price is $58,500.00, for three acres. She discussed with the Board the difference in building homes on the property, versus building this type of facility, in relation to the water and sewage. Ms. Justice stated that it would cost $240,000.00, for the construction of the building. She has talked to three banks, which required 20% down and letters of commitment from the churches. At this time the Center has over $1,200.00 a month committed by 27 churches, but will need $2,000.00 a month, which will be donated by private individuals.

Discussion occurred regarding the request being strictly a land issue and not a need issue.

Mr. Craig Boardman appeared before the Board and presented the floor plans for the facility.

Commr. Windram discussed his concern with the dormitory plans.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the request for rezoning from RP (Multiple-Family Residential-Professional) to PFD (Public Facilities District), to place a food and clothing distribution center and housing for the needy, on the site, with the conversion of the dormitories into individual rooms.

Commr. Carson voted "no".

RECESS & REASSEMBLY

At 3:30 p.m., the Chairman announced that the Board would recess for five minutes.

PUBLIC HEARING #209-87-l Louis Biron

Mrs. Karen Stover appeared before the Board in opposition to the denial of the request. She stated that the petitioners are keeping her child at their present facility. Mrs. Stover discussed the concern with the traffic and the parking area, and problems in the area in regards to the upkeep of surrounding property.

Mr. Robert Mitchell appeared before the Board to discuss the request. He stated that there are presently 25 children at "Child's World", where his wife is the director. The closest neighbor is 75 feet away, and at the new site, the closest building would be 250 feet away. It was noted that the facility would have direct access, from Highway 441 cr ossing over to Highway 473, accessing this property on Blue Gi 11 Drive. Mr. Mitchel submitted a petition with approximately 120 signatures, in favor of the request.

Mrs. Helen Mitchell appeared before the Board and stated that there are no delivery trucks bringing in supplies, which would cause a traffic problem.

Mr. Lloyd Kurman, representing more than 200 homeowners in the Riverwood Subdivision, appeared before the Board in opposition to the request. He stated that the approval would bring commercial enterprise into an established single-family residential area. He discussed the traffic issue, indicating a congested area at Blue Gill Drive and Shellcracker Drive. He further discussed problems concerning sanitation and building codes. He submitted a petition with over 200 signatures, in opposition to the request.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), for a child day care center.

Commr. Smoak and Commr. Burhans voted "no".

PUBLIC HEARING #202-87-l Robert Sharp

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP (Planned Commercial) to CP (Planned Commercial) with C-2 (Community Commercial) uses.

PUBLIC HEARING #201-87-5 Eddie & Sheri Johnson

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

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), permitting one dwelling unit on the parcel.

PUBLIC HEARING #208-87-5 Paul Shockley

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to place an electrical distribution substation on the site.

PUBLIC HEARING #205-87-l Calvary Baptist Church

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), to place a church on the site.

PUBLIC HEARING #206-87-2 WQBQ Radio

Ms. Anna Peden, Leesburg, appeared before the Board in opposition to the request for rezoning. She discussed concerns with the placement of the tower and where the responsibility would lie, Mr. Ted Clark, owner of the Flying Baron Airport, appeared before the Board in opposition to the request. His concerns involved the responsibility for the safety of the local residents.

Mr. Clark stated that this is a licensed airport , and discussed the safety aspects necessary, in order to keep the airport in compliance with FAA and FDOT regulations and FCC guidelines should an accident occur. Her concerns involved liability and interference on the local televisions. Ms. Peden stated that there are already towers in the area.

Mrs. Joan Wollin, Attorney, representing the applicant, appeared before the Board to discuss the request. She presented an enlarged sectional of the area. Mrs. Wollin stated that the approval would be subject to all applicable FAA and FOOT regulations, at all times.

Mr. Don Connolly, Vice-President of Operations for Star Communications, owners of WQBQ of Leesburg, appeared before the Board to discuss the request. He stated that this is the only radio station, in the central Florida area, which has on-sight weather radar, and a full-time dedicated news staff. He discussed the specific geographical requirements, to meet FCC guidelines. At this time Mr. Connolly discussed the concerns implied by Ms. Peden.

On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to place three radio masts on the site.

PUBLIC HEARING #212-87-2 United Southern Bank

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

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial), to place a bank on the site.

PUBLIC HEARING #199-87-2 Marvin Tatum

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), to place a home on the site.

Commr. Carson was not present for the vote.

PUBLIC HEARING #196-87-3 James & Gloria Gardner

Mr. James Gardner, applicant, appeared before the Board to discuss the possibility of including, in the request, the approval of adding a family fun center.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial), to include all C-l uses and florist shop, and, as amended, to include the family fun center.

PUBLIC HEARING #197-87-3 Greg Homan

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

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, the request for rezoning from AR (Agricultural Residential) to PFD (Public Facilities District), for a radio tower.

Commr. Smoak declared a conflict of interest, due to being an adjacent property owner.

PUBLIC HEARING #204-87-3 Mt. Moriah Baptist Church

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

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to permit an existing "grandfathered" church to expand.

PUBLIC HEARING CUP#87/12/1-4 William Brown

Mrs. Shirley Johnson, adjacent property owner, appeared before the Board in objection to the approval of the request. She stated that there are approximately 32 five to six acre tracts in the area. She stated that the zoning requires one dwell ing per five to six acre tract. Mrs. Johnson further stated that a $5,000.00 bond was required, at the time she developed her property, with an additional investment being made, at the time the road was placed in an assessment program. She stated that Mr. Brown owns the property located across the road, which already has a nursery and a mobile home located on it. She submitted to the Board a petition, with 32 signatures, opposing the request.

Mr. Brown, the applicant, was not present to discuss the request.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to postpone the request for a CUP in A (Agricultural), to place a mobile home on the site, as a caretaker's resident for a greenhouse operation, until February 9, 1988, at 2:00 p.m., or as soon thereafter as possible.

COMMISSIONERS

At 4:53 p.m., the Chairman turned the Chairmanship over to Commr. Carson, Vice-Chairman.

PUBLIC HEARING #203-87-4 Bryan Miller

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

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates), to create l/2 acre lots.

Commr. Burhans was not present for the vote.

PUBLIC HEARING #4-86A-2 Valentine & Co.

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a major amendment to PUO Ordinance #7-86, to add four additional units and five acres to the PUD.

Commr. Burhans was not present for the vote.

PUBLIC HEARING #207-87-2 Jesus Fernandez

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

On a motion by Commr. Burhans, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) and R-1-15 (Residential Estates) to AR (Agricultural Residential), to permit 2.25 acre lots.

Commr. Windram and Commr. Burhans were not present for the vote.

COMMISSIONERS

At 4:55 p.m., Commr. Carson, Vice-Chairman, returned the Chairmanship back over to Commr. Burhans, Chairman.

PUBLIC HEARING #121-85A-3 Miami-Orlando Properties

No one present appeared in opposition to the request.

Mr. Cross appeared before the Board to discuss the request for a one-year extension, for the approved preliminary development plan, PUD ORD #66-85. He discussed the 108 acres and the type of development to be made, stating that the two wetland areas would be dedicated as easements. The total amount of non-wetlands would be approximately 80 acres.

Mr. Emil Johnson, Orlando, landowner, appeared before the Board to discuss the request, and the type of development planned for the property.

Commr. Smoak stated his feelings, in regards to the County reviewing every PUD proposed in this area , which would have an impact on the water, being Big Creek and Little Creek, which feeds the entire chain-of-lakes, in the South Lake County area. He feels that there will be serious problems, with the extension of the PUD's in this area, with the rising development in this area. Commr. Smoak stated that he would like to postpone the action, in order to review with the staff the actual proposal, along with the other proposals that have been made in this area.

On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to postpone the request for a one-year extension, for the approved preliminary development plan, PUD ORD #66-85, until February 9, 1988, at 2:00 p.m., or as soon thereafter as possible, and requested that the staff submit to the Commissioners a copy of the PUD and the soils report.

JAILS

Mr. Chris Ford, County Attorney, advised the Commissioners, should they decide to view any of the jail sites, as a group, to remember the Sunshine Law, and give notification to the press.

MEETINGS/MUNICIPALITIES

Mr. Michael C. Willett, County Administrator, informed the Board of an invitation from Richard Swartz, to the Commissioners and their wives, to attend the Lake County League of Cities Meeting, January 27, 1988, at Mission Inn, and to RSVP by January 20, 1988.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:lO p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/l-19-88