A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 11, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, October 11, 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; Thomas J. Windram; Claude E. Smoak, Jr. (arriving at 9:20 a.m.); James R. Carson, Jr.: and Don Bailey. Others present were : Christopher C. Ford, County Attorney: James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

MINUTES/PROPERTY APPRAISER

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Property Appraisal Adjustment Board approved the Minutes of October 4, 1988, as submitted.

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

MINUTES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the Minutes of September 20, 1988, as presented.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Mr. James C. Watkins, Clerk, presented to the Board the option to renew the lease of office space, at 226 West Main Street, Tavares, Florida, between Joan L. and Ernest Wollin and the County.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved to renew the lease, as stated above, for an additional twelve (12) months, at a rate of $l,5OO.OO per month.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, Case No. 82-23354TT and 82-01541MM, Melvin Bernard Durias, in the amount of $250.00.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, Case No. 81-l000CF, Roger Terry Bisbee, in the amount of $400.00.

Commr. Smoak was not present for the vote.

ACCOUNTS ALLOWED/REPORTS

On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending September 30, 1988, in the amount of $104,668.60.

COUNTY ADMINISTRATOR'S AGENDA

BIDS/COUNTY ADMINISTRATOR/JAILS

Mrs. Kathy McDonald, Assistant County Administrator, distributed to the Board copies of the minutes taken at the September 21, 1988, meeting with Hellmuth, Obata & Kassabaum (HOK), in Tampa, regarding the Lake County Criminal Justice Facility. The purpose of the meeting was to discuss the current status of the conceptual jail facility design, and to review alternate jail management methods, to reduce capital building costs and staffing requirements.

Mrs. McDonald directed the Board's attention to the schedule for the completion of the schematic design phase, and stated that Barton Malow is running a week behind schedule. Mrs. McDonald stated that a tentative meeting, between Barton Malow and the Board of County Commissioners, has been scheduled for the morning of October 25, 1988.

Mrs. McDonald also directed the Board's attention to Page 2, Item C, and stated that neither of the Sheriff's candidates agreed that the pods would be under the direct supervision method.

Mrs. McDonald discussed inquiries being received regarding the four frame houses located on the property, where the facility will be located. She stated that interest has been shown, from individuals, for the purchase of the homes, and moving them to other locations. She questioned the Board, as to the possibility of advertising them for bid.

Mrs. McDonald also discussed options, in regards to the relocation of the Clerk's Carpentry Shop, which is currently located in the old railroad depot, and the relocation of the Veterans Service Office. One option would be to relocate in the three concrete houses, which are in the process of being purchased by the County.

Mr. James C. Watkins, Clerk, stated that his preference would be to locate County services in a central location.

Mrs. McDonald informed the Board of a problem to be faced by Barton Malow within the next two weeks, which will be the removing of the facade around the old courthouse. She stated that the parking will then need to be blocked from that area. She further stated that it will take approximately three months to remove the facade from the old courthouse. At this time, she discussed alternatives for the parking. She stated that the TASC office is looking for a larger building, with an alternative for them to use two of the concrete houses being purchased, should they be unable to find other rental space.

Mrs. McDonald requested approval to proceed to tear down the TASC building, in order to provide additional parking, once they have relocated, and to bid out the frame houses north of Main Street.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried, the Board approved for the County staff, to work with Mental Health in the relocation of the TASC office, and, if necessary, to relocate in the concrete houses being purchased, in order to tear down the building itself for additional parking, and to bid out the four frame houses north of Main Street.

Commr. Carson abstained from voting, due to being employed by Lake Sumter Mental Health.

ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to present an explanation, for the request to purchase field and laboratory equipment for Environmental Services.

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase the following field and laboratory equipment, for Environmental Services:

Photo Ionization Detector $3,850.00

Oil/Water Interace Probe 1,895.00

Water Level Tape 340.00

Lietz Precision Auto Level 894.44

Tripod Aluminum Flathead 128.99

Telescoping Fiberglass Leveling Rod 98.99

Digital Display Unit 2,690.00

Sonde Unit T,C, pH, DO 2,310.00

Underwater Cable 540.00

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

FIRE PROTECTION/MUNICIPALITIES

On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on the contract with the City of Mount Dora, in the amount of $7,500.00, to furnish certain unincorporated areas outside the city limits with fire protection.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signatures on the lease agreement with Metro-Dade County, in the amount of $100.00 a month, per truck, for two quick response fire units.

APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL

Mr. Lonnie Strickland, Director of Health & General Services, and Mrs. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the request for appointments and reappointments of individuals, to the Private Industry Council, for two year terms.

Mrs. Baird stated that each year the Job Training Partnership Act requires that local Private Industry Councils solicit nominations for membership on the Council. Those nominations can be for reappointment of former members and/or appointment for prospective new members. This year nine individuals were nominated from various business organizations and public sector concerns, to fill seven vacancies occurring through expiring terms of office. At this time, the Board reviewed the List of nominees, and the recommendations made by the Council.

Commr. Windram questioned the private sector representation, and discussed the issue with Mrs. Baird.

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

1. Donald Miller

2. Tom Winters

3. Howard Edwards

4. Donald Priem

5. Gail Burry

6. John McCoy

7. Robert Swarthout

Mrs. Baird discussed the cost effective outcome of the Job Training Program.

LIBRARIES

Ms. Mary McMahon, Library Coordinator, appeared before the Board to discuss the request to accept the Five-Year Growth and Development Plan, for the Lake County Library System prepared by HBW Associates, Inc.

Ms. McMahon reviewed the Executive Summary and the major recommendations that HBW Associates had made regarding the following:

1. Public Libraries--Their Role in the Community

2. Lake County Population Projections

3. Library Facilities - Current Conditions

4. Library Planning Guidelines for Lake County

5. Library Facilities - Future Conditions

6. A Site Selection PrOCSSS

7. A Five-Year Service Plan for the Lake County Library

System

8. Governance: Forming a New Organization

9. Facing the Future

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to accept the report, and to refer it to the independent libraries, but that the County not use that as a specific guide, at this point, to set policy short of the independent libraries adopting and concurring.

LIBRARIES/RESOLUTIONS

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for resolutions, in appreciation of service, to the following outgoing Library Board Members: Tim Sullivan; Louise Meckstroth; and Howard (Skip) Babb.

ACCOUNTS ALLOWED/BONDS/PLANNING & DEVELOPMENT/SUBDIVISIONS

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept a performance bond, in the amount of $340,481.00, on The Vistas, Phase I.

ACCOUNTS ALLOWED/PLANNING & DEVELOPMENT

Mr. Michael C. Willett, County Administrator, discussed the request to acquire consultant support, to develop a computer road network model, for evaluating future road system demands, in Lake County, which had been budgeted with impact fees.

Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board to discuss the scope of the work, to be performed by the consultant.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to acquire consultant support, to develop a computer road network model, for an amount not to exceed $25,000.00.

LANDFILLS/ORDINANCES

At 10:00 a.m., the Chairman announced that the time had arrived for the continuation of the public hearing on the proposed ordinance pertaining to solid waste, which would provide for the imposition of and assessing of non-ad valorem assessments.

Mr. Stuart Diana, Piper & Marbury, appeared before the Board to present an overview of the proposed ordinance, and to describe the changes that have been made, since the introduction of the ordinance, and after consulting with the Property Appraiser and the Tax Collector.

Mr. T. Keith Hall, Tax Collector, appeared before the Board and stated that the ordinance now complied with the State Law, but for a matter of record, there will be placed on the Property Appraiser's Office and the Tax Collector's Office additional responsibilities and computer costs, in order to accommodate the ability to proceed with the ordinance.

Mr. Ed Havill, Property Appraiser, appeared before the Board and stated that he had no problem with the ordinance, because it does track the State Law. At this time, he discussed the options of the Property Appraiser, and stated that he did consult with other counties, as to the procedures being used with their resource recovery projects. Mr. Havill did state that, if the process should be developed like the fire tax, then there may be a problem.

Discussion occurred regarding the budgeted fees for the Property Appraiser and Tax Collector, in relation to enforcing the ordinance.

Mr. Chris Ford, County Attorney, stated that both offices are in need of a new computer system, and a decision would need to be made, by the first quarter of 1989, for a uniform method to be used by all involved.

Commr. Smoak questioned the three proposed methods, for imposition of fees, and how this can be accomplished, as to the responsibility of the public, and the collection of the fees, should liens be placed against the property.

It was noted the following were the three methods to be reviewed:

1. Tipping Fee:

2. Household assessment only, along with a tipping fee:

3. Household assessment and other approved property assessment, with a tipping fee only being derived from a truck or two.

Mr. Ford stated that the procedures to be used would be almost identical to the procedures used to put the fire tax in place, but with more precise numbers made available.

Commr. Smoak stated that he felt the public may have a problem with the imposition of the solid waste assessments, because it has not been placed on a referendum, in the way that the fire tax was presented.

Mrs. Marilyn Bainter appeared before the Board in opposition to the entire project, and to discuss the school bond, which was voted down by the public.

Mr. Ford informed Mrs. Bainter that the project was estimated at $66 million dollars, with a total bond issue being approximately $77 million dollars, after financing.

Mrs. Bainter discussed the banning of phosphates by the County, and stated the need to start recycling, with the possibility of developing a smaller incinerator. She also discussed the burying of toxic ash.

Mr. Robert Bugni, Clermont, appeared before the Board and stated that he, among others, felt the project had been hastily drawn. At this time, he directed a list of questions to the experts, the County staff, and the County Attorney, including the amount of revenue to be received from electricity: the location of the incinerator; the incorporation of two or more counties for the project; and the employment of a Management Director.

Mr. Ford stated that the Department of Environmental Regulations (DER) feels that the groundwater will be safer with the ash being buried, rather than burying raw garbage.

Mr. Willett and Mr. Ford took time to answer each of the questions that had been placed before them by the audience.

Commr. Smoak stated that he had requested a financial implication to be prepared, on the provision that the County achieve the 15% recycling out of the estimated waste flow, which had been projected, to indicate how that would affect the waste flow, in terms of tonnage, BTU output, in terms of guarantees in the contract, and the potential increase cost to the people in the County, because of that waste removal, and recycling.

Mr. Ford stated that the figures received by Mr. Jeff Clunie, R. W. Beck & Associates, Inc., included a 5% the first year, increasing 1% per year thereafter, along with variations for informing the County that nonprocessable waste, with Ogden Martin they feel 50% of that will be burnable.

Discussion occurred as to informat ion received by Mr. Clunie regarding the achievable amount of recycled garbage.

Mr. David Livingstone, Smith-Barney, was present to discuss the information presented previously by Mr. Clunie.

Mr. Willett stated that one city has already started a recycling process by taking out paper, which amounted to approximately 2-3 tons, in the first couple of weeks.

Mr. Sandy Minkoff, City Commissioner of Tavares, appeared before the Board and stated that approximately 1 L/2 tons have been recycled in a week, from about 500 homes, in the City of Tavares. Mr. Minkoff stated that approximately 10% of homes are being served. He further stated that the City purchased the cans, at $2.00 a piece, and distributed three cans to a home, with the cost of the cans being returned through the utility deposit, should they not be voluntarily returned.

Mr. Don Findell, Director of Environmental Services, discussed the Legislation regarding recycling, stating that any County that is engaged in the incineration business, may petition the Department of Environmental Regulations (DER) to have that 30% goal reduced by an amount that DER agrees to, that is necessary to make the project financially feasible.

Mr. Ford stated that the County and experts have met with all of the City attorneys, except for one, to discuss the Interlocal Agreement being proposed for the cities, with the consensus indicating no major problems. He stated that the City of Tavares and the City of Clermont have expressed some reservations to the agreement.

Commr. Bailey informed the Board that the City of Mascotte and the City of Groveland have also expressed concerns with the agreement.

Discussion occurred regarding the guarantees to the County, in relation to the contract.

Mr. Ford stated that Ogden Martin guarantees the construction and operation and maintenance of the project, with Mr. Livingstone elaborating on the matter.

Mr. Willett stated that, under the State Law, the cities are not required to sign the interlocal agreements, with Mr. Ford informing the Board that the proposed ordinance does not make it mandatory that the cities sign the agreement.

Mr. Ford stated that, should the cities decide not to sign the interlocal agreements, and everyone was willing to waive that portion, the contract would progress, but should everyone not be willing to waive that portion, that would be a reason for the contract to come to a halt. He stated that the contract requires 75% of the cities to be in agreement, with the interlocal agreement being reviewed by the cities and the Board of County Commissioners, and suggested that a Special Meeting tentatively be scheduled for October 27, 1988.

Commr. Windram stated that he felt there is a stringent time frame for the signing of the ordinance, and that the County would not be locked into the contract, with the passing of this ordinance.

Commr. Smoak stated that, in order to abide by its contractual commitment to the cities, the County should not sign this ordinance, which would put the County in a position, that because of the change in State Law, the County could circumvent the expressed desires of the cities.

Commr. Smoak questioned whether or not the Board has the authority to impose the incineration project on the cities.

After some discussion, it was understood that, if the ordinance is passed by the Board, with the cities electing not to provide the interlocal agreements, the County would still have the authority to impose the project.

Commr. Bailey expressed his concern with the possibility of forcing this project on the cities, when the County agreed to work with the cities.

Mr. Ford stated that, unless there is a unanimous waiver of the agreement, it appears that the contract would come to an end.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved to place the proposed ordinance, as amended, on the floor for its first and final reading.

Commr. Smoak and Commr. Bailey voted "no".

On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board adopted Ordinance 1988-14, as placed for its first and final reading, by title only, as follows:

AN ORDINANCE BY THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS RELATING TO THE DISPOSITION OF SOLID WASTE; PROVIDING FOR THE IMPOSITION OF AND ASSESSING OF NON-AD VALOREM ASSESSMENTS FOR SOLID WASTE DISPOSAL WITHIN LAKE COUNTY; PROVIDING FOR THE COLLECTION OF SUCH NON-AD VALOREM ASSESSMENTS BY THE MAKING AND ENFORCEMENT OF LIENS AGAINST IMPROVED PROPERTY AND ON THE OWNERS OF RESIDENTIAL, COMMERCIAL, AND OTHER IMPROVED REAL PROPERTY WITHIN THE COUNTY; AND REQUIRING PAYMENT OF TIPPING FEES FOR THE DISPOSAL OF SOLID WASTE GENERATED ON PROPERTIES NOT SUBJECT TO THE NON-AD VALOREM ASSESSMENTS: PROVIDING FOR SUCH NON-AD VALOREM ASSESSMENTS TO BE IMPOSED BY RESOLUTION FOLLOWING PUBLIC HEARING; PROVIDING FOR THE PROCEDURES FOR ESTABLISHING NON-AD VALOREM ASSESSMENTS ROLLS AND THE COLLECTION OF SUCH NON-AD VALOREM ASSESSMENTS; PROVIDING FOR THE COLLECTION OF SUCH NON-AD VALOREM ASSESSMENTS BY THE MAKING AND ENFORCEMENT OF LIENS UPON AND AGAINST THE IMPROVED REAL PROPERTY ON WHICH SUCH NON-AD VALOREM ASSESSMENTS WERE IMPOSED; PROVIDING PROCEDURES IF NON-AD VALOREM ASSESSMENTS ARE OMITTED OR NOT ENFORCED: PROVIDING RELIEF FROM NON-AD VALOREM ASSESSMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.



Commr. Smoak and Commr. Bailey voted "no".

The Chairman announced that a workshop meeting has been scheduled for October 27, 1988, at 2:00 p.m.

RECESS & REASSEMBLY

At 12:00 noon, the Chairman announced that the meeting would adjourn 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

CUP #88/6/7-4 Michael Southerland April, 1989

34-88-3 Lawrence Benson Dec. 13, 1988

Withdrawals

#16-88-4 Mt. Dora Springs Development

PUBLIC HEARING #169-88-5 A to AR Thomas L. Williams

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 (Agricultural) to AR (Agricultural Residential), to permit single-family homes on 2.25 acres.

At this time, Mr. Jack Hanes requested to be heard on the request.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to reconsider the previous case, in order to hear public comment.

Mr. Jack Hanes, adjoining property owner, appeared before the Board in opposition to the request. He discussed concerns with the watertable problems within the area, and the runoff problem due to the County ditch program. He further stated that he felt the County would be establishing a presidence with the approval of this request.

Mr. Jim Brown, Umatilla, appeared before the Board and stated that he lives next to the property in question. Mr. Brown stated that there is a bad drainage problem in the area, but was more concerned with the rezoning. He stated that he would like to see the acreage requirements and density in the area remain the same.

Mrs. Stanley Nurick, adjoining property owner, appeared before the Board in favor of the request for rezoning. She discussed the drainage put in by the County, and stated that she has never had a water problem of any kind.

Mr. Brian Silvernagel, representing the petitioner, appeared before the Board to discuss the perculation tests and the runoff problem, and stated that the zoning request seems to meet the requirements of the County's Comprehensive Plan.

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 AR (Agricultural Residential), which would permit single-family homes on 2.25 acres.

PUBLIC HEARING CUP#88/9/2-5 CUP in RR Warren E. Williams

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in RR (Rural Residential), for a horse farm and caretaker's residence.

Commr. Windram was not present for the vote.

PUBLIC HEARING CUP#88/9/1-4 CUP in A Daniel H Burke

Rockin B. Ranch

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 a CUP in A (Agricultural), for a tack shop, with existing mobile homes, a barn and a horse ranch.

PUBLIC HEARING #162-88-4 A to RE Louis W. Francks

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

On a motion by Commr. Windram, 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 RE (Residential Estates), which would permit three homes to be constructed on the site.

PUBLIC HEARING CUP#88/9/4-4 CUP in AR Strathmore Groves

Mr. Carl Ludecke, owner of the property, appeared before the Board and stated that he accepts the recommendation from the Planning and Zoning Commission, for rezoning approval to A (Agricultural).

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to place a wholesale nursery, a home and a mobile home, as a caretaker's residence, on the site.

PUBLIC HEARING CUP#88/9/5-4 CUP in A Yvonne M. Garcia

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), as amended, for a public stable and horse training facility.

PUBLIC HEARING #167-88-4 R-1-15 to R-l-7 John Gasko

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

On a motion by Commr. Windram, 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-1-15 (Residential Estates) to R-l-7 (Urban Residential), to place a 1,200 square FOOT house on the site.

PUBLIC HEARING #165-88-4 Amend CP Bill Bryan/Bill Bryan

Imports, Inc.

Mr. Del Potter, Attorney representing the applicant, appeared before the Board and stated that his client did not object to the changes of use, but he did want to discuss the recommendation made by the Planning and Zoning Commission, to require that the applicant construct accel/decel lanes. Mr. Potter stated that the previous use of the property had substantially more traffic, and the owner was not required to construct the accel/decel lanes. He further stated that the property was previously zoned CP, with his client not changing the use for the property. Therefore, he requested that the Board exempt him from having to file a site plan, or allow his client to take immediate occupancy, and let him file a site plan in 7-10 days.

Commr. Windram stated his concerns with the problems of transportation moving in and out of 19A and 441, in the described area.

Mr. David Clapsaddle, Director of Development Coordination, stated that, if the Board requires the accel/decel lanes, instead of having the petitioner construct the lanes, he may post a bond for the construction. Also, since the structure is already there, there is a site plan procedure, in which the petitioner may be routed, in 3-4 days, in order to expedite occupancy.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request, as amended, amending CP Ordinance #8-75, to permit sales and mechanical repair of new and used automobiles, with no major body work, and to assist the petitioner in expediting the occupancy, as recommended by Mr. Clapsaddle.

PUBLIC HEARING #163-88-3 A to AR Bischoff

Farms/Janet Knudsen

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that the Planning and Zoning Commission approved the rezoning request, for 11.32 acres only, as shown on the plans currently under review by the Subdivision Advisory Committee.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for 11.32 acres only, which would permit conventional homes on 2.25 acres.

PUBLIC HEARING #22-87A-3 Amend CP Charles Bradshaw

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

On a motion by Commr. Smoak, 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 Ordinance #11-87, to store antique automobiles on the site, for collector's purposes only.

PUBLIC HEARING #171-88-3 A & RR to RMRP Samuel J. Hodge

Ms. Debbie Hall, representing Mr. Hodge, appeared before the Board to object to the denial of the request. At this time, Ms. Hall presented a letter from Tommy Carlisle and James Dellinger, both owners of abutting property, who expressed their consent to the approval of the request.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) & RR (Rural Residential) to RMRP (Mobile Home Rental Park Residential), for a mobile home park.

Commr. Windram was not present for the vote.

PUBLIC HEARING #166-88-3 R-l-7 to A W. J. Boehle, Sr.

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that the property in discussion is approximately l/4 of a mile off of the publicly maintained road, and the petitioner will need a dedicated 50 foot easement.

Mrs. Phyllis Berry, petitioner, appeared before the Board and stated that the plans have already been made for the clay road.

Discussion occurred regarding the proper easements being obtained, with the petitioner understanding that the request will be contingent upon the approval of rezoning.

On a motion by Commr. Smoak, 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-l-7 (Urban Residential) to A (Agricultural), to allow construction of a manufactured or mobile home on the property.

PUBLIC HEARING #170-88-2 A to PUD Donald Brown

Mr. David Clapsaddle, Director of Development Coordination, informed the Board of the following amendments to the request, which were approved by the Planning and Zoning Commission:

C. Phasing: Phase I to house 25 students instead of 48.

E. Fire Protection: The applicant must meet all applicable requirements necessary by the Department of Fire Protection.

H. Transportation Improvements: 1. The entrance road from C-565 shall be paved up to the first intersection at the beginning of Phase II. 2. The entrance road may be clayed to County standards during Phase I.



Mr. Don Brown, Acting Executive Director of the Green Isle Children's Ranch, appeared before the Board to object to several of the proposed amendments. At this time, Mr. Brown explained to the Board what procedures he wanted to follow, as far as upgrading the road, and building the proposed two cottages 100 feet apart, with three four-inch wells, Eor fire protection. He further stated that he would request approval of these procedures, subject to the staff reviewing the plans again, to determine if there is enough traffic to warrant the expenditure, before paving the road in Phase II.

On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), to permit an educational facility for disadvantaged children, to include staff and student housing, waiving the requirements for the paved road and the fire protection in Phase I, and having these requirements reviewed at the beginning of Phase II. This would include the deletion of the requirement to clay the road in Phase I.

PUBLIC HEARING #164-88-2 R-l-7 to RE Clyde Puryear & Don Wynn

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

On a motion by Commr. Bailey, 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 RE (Rural Estates), to construct single-family residences on 30,000 square foot lots.

PUBLIC HEARING CUP#88/9/3-1 CUP in A Henry Gonzales

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 a CUP in A (Agricultural), for a parking facility for seaplanes.

PUBLIC HEARING #168-88-l RA to RR Brice E. Richardson

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 RA (Ranchette District) to RR (Rural Residential), to construct residential housing on the site.

PUBLIC HEARING #25-88A-5 Amend CP Lavoy & Mildred Winton

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

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP Ordinance #12-88, to permit a 20,000 square foot building, instead of an originally proposed structure of 15,000 square feet, to be used as a storage unit for carnival equipment.

PUBLIC HEARING CUP#87/11/3A-1 Revoke CUP#87/11/3-1

CUP in R-l-7 George Pringle/Scottish Highlands

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 revoke CUP#87/11/3-1, and request a CUP in R-l-7 (Urban Residential), for the expansion of a recreational facility for Scottish Highlands.

PUBLIC HEARING CUP#923B-3 One Year extension of CUP#923A-3

In RP for a PUD Bramalea/Bryanstone Square

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

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a one (1) year extension of CUP#923A-3 in RP (Residential Professional), for a PUD (Planned Unit Development), to renew the approval of the project.

RECESS & REASSEMBLY

At 3:l0 p.m., the Chairman announced that the Board would recess for five minutes.

ACCOUNTS ALLOWED/PUBLIC WORKS/RIGHT-OF-WAYS ROADS & EASEMENTS

Commr. Smoak informed the Board that he had met with Mrs. LaRue once again, regarding Bronson Road, in South Lake County. He requested, for the record, that the Board endorse the following actions, which he will then propose to Mrs. LaRue tomorrow, all of which have been agreed to, after meeting with Mr. Ben Benedum, Director of Public Works, and Mr. Jim Stivender, Assistant Director of Public Works. He stated that he felt she would then deed to the County the necessary 50 foot right-of-way through her property.

1. The County will construct, at her discretion, a concrete crossover:

2. The County will construct an entrance apron off of the pavement to the property line:

3. The power lines will be relocated;

4. The County will allow adequate drainage off of the driveway apron:

5. The County will not straighten out the road:

6. Mrs. LaRue will be compensated for 22 citrus trees (20 trees with two being resets), in the amount of $3,000.00.



On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the above enumerated items, between the County and Mrs. LaRue, as stipulated by Commr. Smoak, in order for the County to obtain the 50 foot right-of-way.

Mr. Michael C. Willett, County Administrator, emphasized that the reason for the negotiation was to resolve a problem, which has existed for many years, to connect two existing paved roads.

ACCOUNTS ALLOWED/COMMITTEES/INSURANCE/SHERIFF'S DEPARTMENT

Commr. Carson reviewed a memorandum received from Mr. Neil Kelly, Administrative Services Director, regarding the Sheriff's Property Insurance Premium, covering building contents and equipment. The cost for the year is approximately $ll,000.00. The Sheriff has included this expense in the 1988-89 budget, however, recent Legislation prevents the Sheriff from expending, in a single month, more than one-twelfth of this appropriation. The Insurance Committee requests approval for the County to pay the annual premium for this coverage, and to charge the Sheriff one-twelfth of that amount each month for October, November, and December. The sheriff in office January 1, 1989, would then be charged the balance of the premium.

On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request, from the Insurance Committee, as indicated above, for the Sheriff's Property Insurance Premium, from the appropriate account.

ACCOUNTS ALLOWED/FINANCE/INSURANCE

Commr. Carson reviewed a memorandum received from Mr. Neil Kelly, Administrative Services Director, regarding the selection of an actuary, in order for the performance of an actuarial analysis on the general liability self-insured fund, to determine if it is adequately funded.

Mr. Kelly stated that two proposals were received as follows:

1. Coopers & Lybrand, the firm that completed the first analysis, for a maximum cost of $5,500.00;



2. Arthur Young, the County's auditing firm, for a maximum cost of $14,250.00.



On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the selection of Coopers & Lybrand, in the amount of $5,500.00.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, to transfer $l0,000.00 of the Sheriff's Contingency monies into the Law Operating Expense Budget, in the account of 521-319, Professional Services.

ACCOUNTS ALLOWED/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment, Case No. 8l-224-CJ, Roger Terry Bisbee, in the amount of $150.00.

ACCOUNTS ALLOWED/BONDS/RESOLUTIONS

Mr. Chris Ford, County Attorney, presented the Board with a resolution approving the issuance of the Lake County Industrial Development Authority Industrial Development Revenue Bonds (Novelty Crystal Corporation Project), in an aggregate principal amount not to exceed $2,500,000.00.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on Resolution 1988-111, for the above, as presented by Mr. Ford, County Attorney.

CONTRACTS LEASES & AGREEMENTS/MUNICIPALITIES/LANDFILLS

Mr. Chris Ford, County Attorney, distributed to the Board a revised copy of the Interlocal Agreement, which will be presented to the cities, in relation to the NRG/Resource Recovery project, to be discussed at the workshop meeting scheduled for the October 27, 1988, Special Board meeting.

COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)

PLANNING DEPARTMENT/ORDINANCES

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to advertise for the amendment of the existing Addressing Ordinance, to provide authority to the Addressing Department for naming private, unrecorded roads or easements over 500 feet in length, if residents fail to respond to road name requests within 120 days.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to award Project No. 16-88, Kurt Street "Part", Ardice "Part", and Ruleme Street "Part", to Trac Roadbuilders, in the amount of $144,787.70.

DEEDS/RIGHT-OF-WAYS ROADS & EASEMENTS

On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the following right-of-way deed:

Keith M./Sara Y. Rugh #2-0527 Ott Williams Road

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:35 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/10-17-88