A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 13, 1988

The Lake County Board of County Commissioners met in regular session on Tuesday, December 13, 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: C. W. "Chick" Gregg, Chairman: Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Katherine A. McDonald, Assistant County Administrator; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 29, 1988 (Special Meeting); December 5, 1988 (Special Meeting); and December 6, 1988 (Regular Meeting), as presented.

ACCOUNTS ALLOWED/CHECKS RECEIVED/TAX COLLECTOR/AMBULANCES

HOSPITAL DISTRICTS/STATE AGENCIES

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board acknowledged receipt of the following checks, from T. Keith Hall, Tax Collector:

Check in the amount of $1,386.43, for the Northwest Lake Hospital Ambulance District, covering the budget year from October 1, 1987 through September 30, 1988;



Check in the amount of $6,754.71, from the Board of Oklawaha Recreation, Water Conservation and Control Authority, covering the budget year from October 1, 1987 through September 30, 1988;



Check in the amount of $8,420.66, from the Northwest Lake Hospital District (Regular), covering the budget year from October 1, 1987 through September 30, 1988;



Check in the amount of $1,583.15, from the Northeast Lake Hospital Ambulance District, covering the budget year from October 1, 1987 through September 30, 1988.



ACCOUNTS ALLOWED/REPORTS/ASSESSMENTS/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the month ending November 30, 1988, in the amount of $91,841.16.

Included in the motion was approval of the Satisfaction of Assessment Lien for Paul W. Hackett, in the amount of $466.80, for Mt. Plymouth Subdivision.

APPOINTMENTS-RESIGNATIONS/COUNTY ADMINISTRATOR

Commr. Gregg, Chairman, read a letter of resignation he had received from Mike Willett, County Administrator, to those present, and requested a motion to accept Mr. Willett's resignation.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board accepted Mr. Willett's letter of resignation and directed a letter of appreciation to him, for his many years of service to the County.

APPOINTMENTS-RESIGNATIONS/CLERK/COUNTY ADMINISTRATOR

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board requested Mr. Jim Watkins, Clerk, to act as Interim County Administrator, with full powers and privileges of the position.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Gregg, Chairman, stated that, with approval from the Board, he would like to appoint one commissioner; Mr. Glenn Timmons, Personnel Director; Mr. Jim Watkins, Clerk; and two members of the community to a committee for purposes of advertising for replacements, screening resumes, interviewing the top ten applicants, and passing onto the Commission three to five of the top ten applicants, for the Board to interview. He also suggested that the Board obtain advice from said committee, working with Mr. Timmons, on job descriptions.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the appointments of Commr. Mike Bakich; Mr. Glenn Timmons, Personnel Director; Mr. Jim Watkins, Clerk; Mr. Greg Beliveau, Lake Land Planning: and Mr. Zeb Osborne, Attorney for Waterman Medical Center to said committee indicated above, as recommended by the Chairman.

At this time, Commr. Bakich suggested that the Board recognize the many years of service that Mr. Willett provided to Lake County.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request to recognize the many years of service that Mr. Willett provided to Lake County, as stated above.

COUNTY ADMINISTRATOR'S AGENDA

The Acting County Administrator, Jim Watkins, requested that the Board approve items A. 1. through 4. of the County Administrator's Agenda. Commr. Swartz then requested that item 3. a. be excluded from Mr. Watkins' request, as he would like to question the County Attorney regarding it. Mr. Watkins then changed his request to exclude items 3. a. and 4. d.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved items A. 1. through 4., excluding items 3. a. and 4. d., as follows:

ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR

Purchase of IBM Wheelwriter 6 memory typewriter, at a cost of $750.00, for the County Administrator's office.

ACCOUNTS ALLOWED/CONTRACTS-LEASES & AGREEMENTS/STATE AGENCIES

E-911

Purchase of State contract of one Dictaphone, 40 channel, 24 hour recorder, at a cost of $48,788.75.

ACCOUNTS ALLOWED/CONTRACTS-LEASES & AGREEMENTS/STATE AGENCIES

E-911

Purchase of State contract of 15 Dictaphone, instant playback recorders, at a cost of $51,411.00.

BONDS - MOBILE HOME

Cancellation of a mobile home bond, for Robert Kleinmann, Wekiva River Area, District #4.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Cancellation of Solid Waste Franchise #68, American Refuse Services, Inc., as requested by Industrial Waste Service, Inc., who has purchased American Refuse Services, Inc.

ASSESSMENTS/SUBDIVISIONS/ROADS-COUNTY & STATE

Amendment to Assessment Roll SA-53, Mt. Plymouth.

ASSESSMENTS/RIGHT-OF-WAYS, ROADS & EASEMENTS

Acceptance of the following non-exclusive easements: Lake Crescent View Development; proposed special assessment project:

Richard A./Ruth M. Steckman

Howard/Carol L. Scribner

David Wayne/Sara Lee Duncan Saunders

Jane Jackson

Robert D./Jane Jackson

Michael M./Mary M. Ogilvie

Joseph P./Nancy A. Lafleur

Edward L./Donna L. Griffin

Jack/Elizabeth S. Bowen

James P./Candice J. Merting

Robert S. Mott

James C./Mary H. Lichlyter

Jamal M./Carole J. Abderrahman

William J. McFadden

Leslie W./Linda W. Hanson

Dan C./Carol J. Koenig

William R./Roselie Myers

Rayeann Sherrill

Frances R. Myers

Frances R. Myers

William L./Patti D. Carrasquillo

Kevin/Sara Berg

Ronald F., Jr./Gloria J. Kretzer

Donna J. Minnick

Donald G./Margaret H. Weaver

Melinda Jane Shanahan

Peter/Mary K. Arkell



DEEDS/ROADS-COUNTY & STATE/SUBDIVISIONS

Release of Murphy Act Deed road reservations:

#2834 Release all Reservations Mt. Plymouth Betty Murphy

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

Acceptance of the following right-of-way deeds:

City of Eustis #4-5057 50'/Golf Links Rd.

Jeanette Phillips #2-3215 30'/Hollendel Rd.

Stokes Groves of Eustis, Inc. #3-4455 Merry Road

Central Florida YMCA, Inc. #3-4455 Merry Road



ASSESSMENTS/SUBDIVISIONS/ROAD PROJECTS

Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to explain the following request, stating that item 4. d. related to item 4. c. He stated that the request was a special assessment that has been in process for some time, and that the County has the needed percentages to do the project. He stated 20 that there was a problem with the community lot, and that Lot would have to be used as a pop-off for overflow.

Discussion occurred regarding the problems stated, at which time Mr. Wayne Saunders, owner of a lot in said subdivision, appeared before the Board and gave input regarding the problem.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the bid of Special Assessment Project No. 62, Lake Crescent View Subdivision, and authorized staff to work with the property owners of said subdivision, in resolving the problems discussed this date, regarding the community lot.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/SUBDIVISIONS

RESOLUTIONS

Discussion occurred regarding a question, with respect to the Irrevocable Standby Letter of Credit, for Sunset Hills Subdivision, at which time the County Attorney, Chris Ford, was questioned as to a standby letter of credit versus a standard letter of credit. Mr. Ford stated that the standard policy for Lake County requires a normal letter of credit. It was noted that Lake County is the only county that does not accept a standby letter of credit.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board gave final approval of Sunset Hills Subdivision: accepted a standard, rather than a standby, Irrevocable Letter of Credit, in the amount of $6,000.00, for maintenance: and accepted the following roads into the County maintenance system: Katherine Circle, #3-1145F and Nicolette Court, #3-1145E.

E-9ll/MEETINGS

Mr. Watkins, Acting County Administrator, brought to the attention of the Board the fact that a Town Hall Meeting had been scheduled, for January 19, 1989, at 7:00 p.m., in the City of Leesburg, for purposes of discussing and answering questions regarding the E-911 system, for Lake County, as well as Addressing. He requested that the E-911 staff be present to answer said

questions.

No action was needed at this time.

COUNTY EMPLOYEES/PERSONNEL

Mr. Watkins, Acting County Administrator, brought to the attention of the Board a request for review of a draft "welcome" letter, to be inserted into the current Employee Handbook, for the new County employees, as well as a draft letter and application, in contacting members of various boards and committees.

The Chairman questioned the Board as to whether they wished to make any changes to said letters, to which they did not. Therefore, the letters were accepted as presented. However, as far as the application is concerned, there was a question as to whether it was appropriate to ask an applicant his age or marital status. Mr. Watkins, Clerk and Acting County Administrator, was requested to check into the matter, before utilizing said application.

No action was needed at this time.

ASSESSMENTS/ROAD PROJECTS

Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board and answered questions presented, regarding the request.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to waive the 55% requirement on a special assessment project, on Allen Road, located off Lake Unity Road.

MUNICIPALITIES/BUILDING DEPARTMENT

After a brief discussion regarding the following request, a motion was made by Commr. Bailey, seconded by Commr. Swartz and carried unanimously to deny the request Erom the Civil Air Patrol Lake Squadron, to waive the building permit and impact fees, on the initial building, at the Leesburg Airport.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/E-911

Mr. Bruce Thorburn, E-911 Coordinator, appeared before the Board to discuss and answer questions regarding an amendment to the GTECC contract.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the second amendment to the GTECC contract, in the amount of $17,955.00, for additional modems. The amendment also clarifies equipment, to be purchased by the County, and software source code rights.

Mr. Ross Lankenau, Account Representative from Lanier, questioned, from the audience, whether the amendment included additional dispatching and logging recorders, to which it was indicated that these items had previously been approved.

ACCOUNTS ALLOWED/MOSQUITO-AQUATIC PLANT MANAGEMENT

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Mosquito-Aquatic Plant Management, for Craig Scott, Andrew Duncan, Jim Hardin, Jeff Maxwell, George Haynes and Donald Brown to attend Florida Anti-Mosquito Association short courses, in Tampa, January 23-21, 1989, at a total cost of $1,237.80.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/STATE AGENCIES

SOIL CONSERVATION

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signatures on letters to Mr. Glenn A. Bissett, Chief, Bureau of Soil and Water Conservation: Honorable Doyle A. Conner, Commissioner of Agriculture; and Governor Bob Martinez, requesting the reappointment of Charles Russ, Terry Edwards, Bill Ray and Frank Paulhamus to the Lake Soil and Water Conservation District Board, and directed letters to the gentlemen, being reappointed, indicating the Board's action.

COMMITTEES/LANDFILLS/ENVIRONMENTAL SERVICES

Mr. Watkins, Acting County Administrator, brought to the attention of the Board the fact that representatives from Post, Buckley, Schuh & Jernigan, who were scheduled to be present for a discussion with the Board, at 1O:OO a.m., regarding solid waste management programs and advisory committees, would not he present for said discussion. However, staff was prepared to discuss and answer any questions there might be regarding same.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the County Administrator had initially scheduled this item on the agenda, however, since that time, the County Administrator informed Post, Buckley, Schuh & Jernigan that he would prefer going before the Board today and request that a commissioner be appointed to work with staff in developing a committee structure for solid waste management in Lake County.

Commr. Gregg, Chairman, stated that rather than have several random committees, the County should have one central committee, with various sub-committees under it. At this time, he recommended the appointment of Commr. Bakich, to represent the Commission regarding solid waste management, on the master committee.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation by Commr. Gregg, that Commr. Bakich, Vice-Chairman, be appointed to represent the Commission, regarding solid waste management, on the master committee, as well as to head said committee.

At this time, Mr. Findell requested that the Board set a time and place for said committee meeting. Mr. Watkins, Acting County Administrator, stated that he would review and distribute a memo to those involved, regarding a time and place, for said committee meeting, at a later date.

The Board tentatively scheduled the presentation before the Board, by Post, Buckley, Schuh & Jernigan, for 1O:OO a.m., on December 20, 1988.

APPOINTMENTS-RESIGNATIONS/FIRE PROTECTION/COMMITTEES

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request from the Mt. Plymouth Fire District, to have Ms. Mary Eisnor appointed to the Mt. Plymouth Fire Control District Advisory Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request for appointment of members to the Lake County Grievance Committee, as follows:

Reappointment of Supervisor Member: Terry Courneya, County Extension Agent at the Lake County Agricultural Center



New Appointments:

Employee Member to replace Melanie Hicks: Sharla VanScoyk, Secretary III, Public Works - expiration date 1990



Alternate Supervisor Member to replace Jimmy Jones: Robert Rinehart, Assistant Director of Mosquito/Aquatic Plant Management -expiration date 1990



Alternate Employee Member to replace Lynda Walter: Pat Mayhill, Planner II, Planning and Development - expiration date 1991



Alternate Employee Member to replace Merilyn Chiariello: Allison Hill, Human Services Specialist, Health & General Services -expiration date 1991



Alternate Citizen Member to replace Dr. Bruce Staff: Dr. Earl Kelly, Retired Director of the Lake County Agricultural Center -expiration date 1991



APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests, for appointments to the Board of Building Examiners:

Request for reappointment of Mr. James Sheddan and Mr. John Matsche

Request for appointment of Mr. Mark Matthews, to fill vacancy on said Board

Included in the motion was approval of the request that letters be mailed to all applicants, thanking them for their interest in said Board, along with applications for applying to other Boards, should they choose to do so.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase one (1) used 10 x 40 construction trailer, with bathroom, from Town and Country Refuse, at a cost of $6,800.00 (delivered), with a total purchase and set-up cost not to exceed $ll,OOO.OO, for a temporary scale house at the Astatula Landfill.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/MUNICIPALITIES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to assist the Town of Astatula, in the construction of approximately 2,000 feet of roadway, within the town limits.

LANDFILLS/ENVIRONMENTAL SERVICES/ORDINANCES

Discussion occurred regarding a request Eor clarification on the policy with regard to the Solid Waste Flow Control Ordinance, and enforcement of recycling not being in effect at this time, by the City of Tavares.

The County Attorney, Chris Ford, stated that the Waste Flow Ordinance is in effect. Regarding the matter of recycling, he stated that the County has not adopted a policy on recycling, as such. However, the interlocal agreements that have been signed by several of cities (4) so far, and the interlocal agreements that are yet to be signed, all have the provision that they can recycle as much as they wish, and only agree (in the agreement) to give the County the solid waste that is not recycled. He also discussed the statewide policy regarding the responsibility of each county for disposal of solid waste.

Further discussion occurred regarding the problem of solid waste disposal, between Lake County and the cities, particularly the City of Tavares, at this point.

The County Attorney recommended that the Board turn the problem over to the Acting County Administrator, Mr. Watkins; and Commr. Bakich to meet with the cities involved and try to resolve the problem.

Commr. Swartz recommended that Mr. Watkins make phone contact with the cities involved, to let them know that he would like to meet with them to discuss, and try to resolve, the problem in question.

At this time, Mr. Watkins informed the Board that he would be in New York for the next few days, regarding the bond issue for the waste-to-energy facility; however, would direct staff to handle the agendas for next week's scheduled Board Meeting.

COUNTY ATTORNEY'S AGENDA

CONTRACTS, LEASES & AGREEMENTS/RIGHT-OF-WAYS, ROADS & EASEMENTS

SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board referred a problem, concerning an Indemnity Agreement, regarding the removal of a boat shed partially situated in a road right-of-way, in Frisch's Subdivision, to the Acting County Administrator, for handling.

Mr. Ben Benedum, Director of Public Works, appeared before the Board and stated that the road in question is a legally constituted right-of-way, however, it is not a County maintained road.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/LANDFILLS

ENVIRONMENTAL SERVICES

Discussion occurred regarding a request to approve the Leesburg Interlocal Agreement, concerning the Resource Recovery Project, which has been previously approved by the Board, in general.

Commr. Swartz requested that said interlocal agreement be referred back to the Acting County Administrator, Mr. Watkins, and to Commr. Bakich and his committee, for review. He stated that he feels said agreement should be looked at, and indicated some concerns he has with it.

On a motion by Commr. Swartz, seconded by Comnr. Bailey and carried unanimously, the Board approved the request to refer the Leesburg Interlocal Agreement to the newly established committee, for solid waste disposal in Lake County, to review provisions indicated by him earlier, and make sure that the County does want to reaffirm said provisions.

It was indicated that Mr. Watkins would take any future interlocal agreements with the cities, concerning solid waste, to the Solid Waste Disposal Committee, for review, then to the Board for approval.

ROADS-COUNTY & STATE

On a motion by Conmr. Bailey, seconded by Connr. Swartz and carried unanimously, the Board postponed action regarding damage to Lake Shore Drive (CR#2-3324B), due to the collapse of a seawall on private property adjacent to the road right-of-way, as recommended by the County Attorney, Chris Ford, until the Board Meeting of January 3, 1989, as a letter had been mailed to the property owners in question, allowing them 20 days to resolve the problem.

DEEDS/ROADS-COUNTY & STATE/SUITS AFFECTING THE COUNTY

MUNICIPALITIES

On a notion by Comnr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board authorized the County Attorney, Chris Ford, to try and settle, out of court, a lawsuit which has been filed against the County, being Robert L. Brown and Charlotte M. Brown vs. Lake County. This is a Declaratory Relief Suit, whereby they are requesting that a certain deed between the defendants, Lake County and Thomas A. Younce, Denise Younce, 0. R. Taylor and Jean P. Taylor be declared null and void, or in the alternative, payment for lands paved on Mink Road, in Astor.

SUITS AFFECTING THE COUNTY

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board authorized the County Attorney, Chris Ford, to take the necessary action regarding a suit which has been filed against the County, being Charles F. Curry Company vs. Board of County Commissioners. This is an action to foreclose a mortgage on real property located in Lake County. The reason the County is a defendant is due to unpaid property taxes.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved appointments to the various boards and committees, as follows:

Commr. Richard Swartz to the East Central Florida Regional

Planning Council

Commr. Michael J. Bakich to the Law Library

Commr. Thomas J. Windram reappointed to the Industrial

Development Commission

Commr. Don Bailey to the Tourist Development Council



Included in the motion was approval of the establishment of a Personnel Committee, consisting of:

Commr. Michael Bakich to represent the Board

Mr. James C. Watkins, Clerk and Acting County Administrator

Mr. Glenn Timmons, Director of Personnel

1 administrative or supervisory position

1 non-supervisory position

Also included in the motion was approval of the appointment of Mr. Richard Boliek, from the Leesburg area, to the Northwest Hospital Taxing District.

COMMITTEES

Commr. Gregg, Chairman, brought up for discussion the item of the Liaison List for the various departments. He stated that the Board used to have a liaison for Fire Protection, and feels that some liaison with Fire Protection, possibly through their advisory boards, needs to be considered, as well as other departments, which he indicated, such as the Sheriff's Department and Jail Operations, the Historical Society, Emergency Medical Services, etc. He indicated that a copy of said Liaison List will be distributed to those involved, for their review and input.

STATE AGENCIES/ROADS-COUNTY & STATE

Commr. Gregg, Chairman, brought to the attention of the Board a request he had received from Ms. Jennifer McMurtray, with the Department of Natural Resources, concerning a problem with black bears being killed along S.R. 46. He stated that she was requesting the Board to consider lowering the speed limit along S.R. 46, during the night time hours, from 55 m.p.h. to possibly 40 m.p.h.

Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board and gave input regarding the request and problems involved with it.

A brief discussion occurred regarding the request.

Commr. Swartz requested that staff study the problem and come back to the Board, with a recommendation for solving the problem, at a later date.

RECESS & REASSEMBLY

At 10:35 a.m. the Chairman announced that the Board would take a fifteen minute recess.

COMMITTEES

Commr. Gregg brought to the attention of the Board the fact that the League of Cities is having a meeting on January 25, 1989, at 4:00 p.m., at the Eustis Community Center, for the purpose of outlining some of their concerns and priorites. They request that all commissioners attend.

ROADS-COUNTY & STATE/STATE AGENCIES

Mr. Tom Berry, Director of Productions, District V Office, Florida Department of Transportation (DOT), appeared before the Board to present an up-date and status report on certain segments of the Western Beltway which relate to Lake County. He then turned the floor over to Mr. Howard Newman, with Greiner, Inc.

Mr. Newman appeared before the Board and stated that the Department of Transportation has recently started Phase II, Part B, of the Northwestern Beltway Study. He stated that, when Phase I was completed, approximately one year ago, DOT had identified one-quarter of the beltway aligning with Lake County up to S.R. 46 and the abandoned railroad line, east of C.R. 433. He stated that, since that time, some environmental concerns have been expressed regarding the C.A.R.L. properties, therefore, DOT has started looking at conceptual alternatives (eleven), which will continue to be studied. He also stated that DOT is doing a tracking study, not only for bears, but any wildlife that is identifiable in the area.

Considerable more discussion occurred regarding the beltway as it relates to Lake County, at which time Commr. Bakich questioned as to when Lake County will know what their financial involvement will be, which it was indicated by the first part of 1989, possibly February.

After further discussion regarding the issue, at which time Mr. Henry Fuller, Department Project Manager, Florida Department of Transportation, gave input from the audience, the Board indicated that they would like to be kept up-to-date and informed, regarding the Department of Transportation's meetings and input, as much as possible.

Mr. Berry indicated that DOT would add the Board of County Commissioners to their mailing list, to receive copies of the minutes of their meetings as well as notices of their meetings.

The Board questioned as to where the Department of Transportation's public meetings and hearings will be held, regarding the alignments in Lake County, to which Mr. Fuller indicated possibly in Sorrento. It was noted that the Board would be notified of any meetings, prior to them being held.

Mr. Fran Stallinys, Planning Department, stated (from the audience) that he and Pat Mayhill meet monthly with the staff, in Orlando, and would make sure that the Board is kept well informed of said meetings.

Mr. Charles Lloyd, Chairman of the Conservation Committee of the Lake County Water Authority, appeared before the Board and discussed the Wekiva River Protection Act and the fact that said act provides that Lake County may enlarge any existing major arteries. He questioned whether this is being done in any of the eleven alternative concepts which DOT has.

A brief discussion occurred regarding this issue, at which time Mr. Lloyd stated that his committee would rather not see any beltway, for conservation purposes. However, since the beltway will be built, his committee would like to see the mitigation concept worked out, to preserve what wildlife there is.

Mr. Howard Barry, representing the Sierra Club, appeared before the Board and stated that everyone has accepted the beltway as fact, however, it was not too late to opt out of it. He stated that the beltway will only increase taxes, crowding and traffic, and will be obsolete a year after it is built.

At this time, Commr. Swartz questioned Mr. Berry, DOT, as to whether there was any way to approach dealing with the problem of the black bears being killed along S.R. 46.

Mr. Berry stated that DOT will study the problem and respond to the Board within approximately thirty (30) days.

Commr. Gregg questioned a problem involving the intersection of Eudora Road and Hwy. 441, east of Eustis, where there has been a number of accidents.

Mr. Berry stated that the DOT engineers have looked into this problem and a left turn signal will be installed by Christmas, of this year. He stated that his department was notified December 6, 1988, of this problem, by Representative Stan Bainter's Office.

PUBLIC WORKS/ENVIRONMENTAL SERVICES

Commr. Swartz brought to the attention of the Board a letter which was received, regarding several employees of the Public Works Solid Waste Department, commending them for assistance and kindness which was shown to a couple in Zellwood. Commr. Swartz commended said employees for their deed of kindness.

RECESS & REASSEMBLY

At 11:30 a.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

Commr. Gregg, Chairman, announced to those present that Case No. 34-88-3, Lawrence Benson, had been withdrawn indefinitely, in order to inform those present, for said case, that they could be excused.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved postponement of the following cases, until the Board Meeting of January 10, 1989, at 2:00 p.m., or as soon thereafter as possible:

CUP#88/11/1-5 DORIS J. SMITH

#208-88-3 WILLIAM STOSBERG

CUP#397A-2 ROBERT NOLEN

PUBLIC HEARING #135A-84-2 AMEND PUD ORD. #66-84

PENNBROOK LTD.

Mr. Dan Robuck, Attorney, representing the petitioner, appeared before the Board to discuss and answer any questions there might be regarding the case. He reviewed a diagram, and briefly discussed lot sizes, with the Board.

No one was present in opposition to the request.

A motion was made by Commr. Bailey and seconded by Commr. Bakich to approve a request to amend PUD Ord. No. 66-84, to replace RV's with mobile homes, and a variance of Sec. 696.5 (c) of the Lake County Zoning Regulations - PUD Ord. (To amend PUD Ordinance No. 3, to replace RV's with mobile homes, and a variance to allow 40 ft. from the centerline of the road.), as amended, as follows: second paragraph (B) shall read: Setbacks shall be 5 ft. from the rear lot line, 10 ft. from one side of lot line, and 5 ft. from one side of lot line....."

Discussion occurred regarding the request, at which time Commr. Swartz stated his concern of putting mobile homes on 2,400 sq. ft. RV lots, with reduced setbacks, and stated that he could not approve of this request.

At this time, the Chairman called for a vote on the motion, which was carried.

Commr . Swartz voted "No".

PUBLIC HEARING #188-88-4 RR TO PFD SUSAN C. BARDWELL

Mr. Ken Burgess, representing the petitioner, appeared before the Board to discuss the request and answer any questions there might be, regarding the request. He reviewed a plat, as well as presented pictures of various buildings which are in the process of being refurbished, on the property in question. He then submitted a letter of withdrawal, regarding this request (proposed church).

PUBLIC HEARING #183-88-4 REVOCATION OF CUP#682A-4

SUSAN C. BARDWELL

Mr. Douglas Turner, representing the Mt. Plymouth Landowners' League, appeared before the Board in opposition to the request, due to a concern for pollution of the water system in that area, as well as a concern for potential parking problems, which approval of this request may create.

Mr. Ken Burgess, representing the petitioner, appeared before the Board and stated that he had met with property owners, in the area of the property in question, and discussed concerns they had regarding parking problems, the sewer and water systems, fire protection, etc., as well as discussed what is planned for the property.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board denied the request for revocation of CUP#682A-4 and rezoning from R-1-15 (Residential Estates) & RR (Rural Residential) to RP (Multiple-Family Residential-Professional), to develop the site for condominiums and apartments.

PUBLIC HEARING #197-88-S A TO RE LAURY E. BANKS

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

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning), to subdivide a five an existing primary from A (Agricultural) to RE (Rural Estates acre parcel into two parcels, and demolish residence currently located on the site.

PUBLIC HEARING #198-88-4 A 'TO RE CECIL BODIFORD

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RE (Rural Estates), to subdivide a six acre parcel into five tracts, for homes.

PUBLIC HEARING #202-88-4 CUP IN A ANTHONY J. GARRISON

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a CUP in A (Agricultural), with conditions, as stipulated, to allow continuation of an existing cabinet making shop on the site.

PUBLIC HEARING #203-88-4 R-l-7 TO CP W/C-l USES

NOEL GULLEDGE

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

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial), with C-l (Rural or Tourist Commercial) uses, to allow comercial uses.

PUBLIC HEARING #204-88-d R-l-7 TO CP W/C-l USES FERN ATKIN

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

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial), with C-l (Rural or Tourist Commercial) uses, to allow commercial uses.

PUBLIC HEARING #209-88-4 R-l-7 TO CP KICHUL KIM

GERTRUDE GOLDMAN & WILLIAM DAUGHERTY

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial), with restrictions to plumbing service and Staff's recommendation for conditions, for construction of an office for a plumbing contractor's business.

PUBLIC HEARING #199-88-4 C-l & RR TO C-2 BARNETT BANK

& TRUST CO., N.A. C/O DANNY LEN BUICK PONTIAC

Commr. Gregg declared a conflict of interest, regarding this request, due to him signing a contract with Mr. Len in May of this year, and stated that he would abstain from the discussion and vote.

Mr. Danny Len, petitioner, appeared before the Board to discuss the request and answer any questions there night be regarding the request. He read a statement, to those present, regarding his feelings about the request.

Mr. Bennett Walling, Great Age Construction, appeared before the Board and reviewed the plans, of the facility in question, with those present.

Considerable discussion occurred, at which time several concerns were stated by residents of the area, who were present in the audience.

Ms. Connie Evans, owner of a lot which abuts the property in question, appeared before the Board, in opposition, stating that she was representing property owners in Citrus Terrace, as well as herself. She stated that the facility will be constructed 150 feet from her property, and read a statement regarding the request.

Mr. Kevin McCann, a resident in the area, appeared before the Board, in opposition, stating that he feels it is not the right location for such a business, and that if the facility is built, it will drastically lower the property value of the homes in the area.

Mr. Reed Lock, a local resident, appeared before the Board, in opposition, stating his concerns regarding the traffic situation which would be created by this type business.

Mr. Leo Sadella, President of the Lake Griffin Manor Association, representing twenty (20) families that live in said subdivision, appeared before the Board and stated that the residents would rather have a business with less visibility, than a car dealership, in the location of the property in question.

Ms. Carolyn Watermont, a local resident, appeared before the Board, in opposition, stating that this type of business would lower property values of homes in the area. She stated that the residents in the area really want to protect the natural beauty of Lake County, particularly this one neighborhood, which is so close to Hwy. 441. She also stated that the Board had the residents' future in their hands.

Ms. Libby Toff, a resident of East Crooked Lake, appeared before the Board, in opposition, stating that several residents in the area would prefer to see a CP zoning, rather than the type zoning it presently has. She requested the Board to table the request, until further review.

At this time, Commr. Bakich made a motion, which was seconded by Commr. Windram, to amend the conditions of the CP zoning, to include provisions in reference to loud speakers, that they not be a nuisance to any or all of the residents surrounding the property.

Further discussion occurred regarding the request, at which time several of the residents made negative comments, from the audience.

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

Commr. Gregg had declared a conflict of interest, regarding this request, prior to the discussion.

Commr. Windram then made a motion, which was seconded by Commr. Bakich to approve the CP zoning, as amended.

Commr. Swartz gave input, at this time, and recommended amending the motion by striking the C-2 uses and allowing C-l uses only.

Commr. Swartz then made a motion, which was seconded by Commr. Bakich, to strike the C-2 uses of the CP zoning and allow C-l uses only.

Discussion occurred regarding various uses allowed for the property.

At this time, the Chairman called for a vote on the motion.

Commr. Windram and Commr. Bakich voted "No", therefore, the motion died, due to a tie vote.

A motion was then made by Commr. Bakich and seconded by Commr. Windram to amend the CP zoning on the piece of property west of the dealership for CP, with no C-l or C-2 uses.

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

Commr. Gregg had previously declared a conflict of interest. A motion was then made by Commr. Swartz and seconded by Commr. Bakich to amend Item #3 of the CP zoning, to strike the moderate or medium residential use, and only allow uses for professional type office space.

After further discussion, Commr. Swartz amended his motion to also include amending Item #6, to require a common access from all properties fronting Hwy. 441 and limiting it to one (1) access only.

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

Commr. Gregg had previously declared a conflict of interest.

It was noted that the above stated motions were amendments to Commr. Windram's original motion, for approval of the CP zoning, as amended.

RECESS & REASSEMBLY

At 4:lO p.m. the Chairman announced that the Board would take a ten minute recess.

PUBLIC HEARING #211-88-4 C-l & R-l-7 TO CP MARY REILLY

Ms. Joy Ellis, representing the petitioner, appeared before the Board stating that the building in question, a music recording studio, would be totally soundproofed.

Ms. Sharon Ferrell, representing the petitioner, appeared before the Board and stated that she feels the residents are opposed to the rezoning due to the unknown, as they do not know what to expect. She also stated that she feels they are not commercial, although the Zoning Department stated that they were.

Mr. Bob Jentis, an adjoining property owner, appeared before the Board and stated that he is concerned about the type of clientele that this business will draw, not only today, but in the future, should the petitioner choose to sell the business.

Mr. Cecil Lundy, an adjacent property owner, appeared before the Board and questioned why all the other lots on the same side of the road as the petitioner's are zoned residential, and yet the lot in question is zoned commercial.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from C-l (Rural or Tourist Commercial) and R-l-7 (Urban Residential) to CP (Planned Commercial), for a music recording studio.

PUBLIC HEARING #200-88-4 RP TO PFD CHURCH OF THE NAZARENE

OF TAVARES/OMER SCHROCK

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

On a motion by Commr. Windram, 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 RP (Multiple-Family Residential-Professional) to PFD (Public Facilities District), to build a church.

PUBLIC HEARING CUP#754D-3 AMEND RP + CUP#754B-3 FOR PUD

SUMMIT CHASE PHASE II/JOE SWIDERSKI

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

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request to amend RP + CUP#754B-3, for a PUD, to add additional land for one (1) fiveplex single-family dwelling, with zero lot lines, instead of one fourplex, as originally approved in CUP#754B-3, with conditions as requested by staff.

PUBLIC HEARING CUP#88/11/2-2 CUP IN A CANDY G. NOBLIN

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

On a motion by Commr. Bailey, seconded by Commr. Bakich 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 quail raising facility.

PUBLIC HEARING #205-88~2 RMRP TO PFD CHURCH OF GOD

OF PROPHECY

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RMRP (Mobile Home Rental Park Residential) to PFD (Public Facilities District), for a church and Sunday school classrooms, as amended.

PUBLIC HEARING #195-88-2 RR TO R-l-5 R. G. HYATT

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

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to R-l-5 (Mobile or Mixed Residential), to place a mobile home on the property.

PUBLIC HEARING #201-88-l - RR TO R-1-15 LINUS G. AND PATRICIA

A. HEINZ

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

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates), to allow single-family residences on the site.

PUBLIC HEARING #210-88-l RR TO RMRP HAROLD RUSSELL

Mr. Greg Beliveau, Lake Land Planning, representing the petitioner, appeared before the Board and stated the project was denied, after much discussion, due to a problem regarding that a fence be constructed along the southern boundary of the property in question. He stated that his client agrees to construct the fence, as requested, as well as construct a decel lane along the road fronting the mobile home park.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RMRP (Mobile Home Rental Park Residential), with conditions agreed upon by the petitioner, to permit a mobile home rental park on the site.

PUBLIC HEARING #206-88-l C-l TO R-l-7 DR. PETER A. PAV

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-l (Rural or Tourist Commercial) to R-l-7 (Urban Residential), to construct a single-family residence.

PUBLIC HEARING #196-88-l RMRP TO C-2 BOB NEWMAN

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RMRP (Mobile Home Rental Park Residential) to C-2 (Community Commercial), permitting all C-2 (Community Commercial) uses.

PUBLIC HEARING 8115-88-l RR TO CP W/C-l USES ELOISE P.

MORRIS/ED BERGMAN

Mr. Matthews, representing the petitioner, was present in the audience to answer any questions there might be from those present.

Commr. Gregg, Chairman, informed the Board that Mr. Matthews, is an employee of his firm, Great Age Construction, Inc., however, felt that this did not present a conflict of interest, due to the fact that he does not gain financially from any rezoning of the property in question, nor does he share in the property.

Mr. Riley Swartz, appeared before the Board, in opposition of the request, stating his concerns for said opposition. He submitted, for the record, a letter from a neighbor who also opposes the request.

A brief discussion occurred regarding the request.

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 RR (Rural Residential) to CP (Planned Commercial) with C-2 (Community Commercial) uses, with the conditions as recommended by staff.

Commr. Swartz voted "No".

PUBLIC HEARING CUP#88/11/3-1 CUP IN M-l MARSHA GOSS FINCH

Ms. Elsie Goss, Fruitland Park, appeared before the Board stating that the petitioner, Ms. Finch, is her daughter and that she is in favor of the rezoning.

Mr. Lawrence Felder, Fruitland Park, appeared before the Board, in opposition, stating that he did not object to the mobile home, however, objected to a fence being taken down, thereby, opening a street to local traffic.

Ms. Goss reappeared before the Board and stated that the fence will, in no way, be taken down.

On a motion by Commr. Bakich, 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 M-l (Heavy Industrial), with conditions as stipulated, to allow installation of a mobile home, for a caretaker's residence.

BONDS/PROPERTY APPRAISER

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the bond for the Property Appraiser, Mr. Ed Havill.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:05 p.m.

C. W. "CHICK" GREGG, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

sec/12-16-88