BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 10, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, January 10, 1989, 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 and Acting County Administrator; Ava Kronz, Assistant to the County Administrator; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

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

COMMISSIONERS

Commr. Gregg announced to the Board the arrival of Michael J. Bakich, II, born January 9, 1989, to Commr. Bakich and his wife Cathie. Congratulations were in order.

At this time it was noted that Commr. Bakich was not present for the morning session.

COUNTY EMPLOYEES/RESOLUTIONS

Mr. James C. Watkins, Clerk, informed the Board that Mr. Billy Stephens, Maintenance Foreman for South Lake County for 28 l/2 years, passed away.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved a resolution honoring Mr. Billy Stephens, for his many years of service to Lake County. Commr. Gregg directed a letter of condolence to his family.

MINUTES

Discussion occurred regarding the Minutes of January 3, 1989. The following amendments were offered for clarification:

Commr. Swartz requested clarification of Page 14, Lines 6-11 to reflect the approval of the Board to provide 60% of the maximum amount of $5,000.00, in the assistance to defend Mr. Ed Havill, Property Appraiser, in his lawsuit, and with the motion on line 19 to reflect same.

Mr. James C. Watkins, Clerk, requested clarification of Page 10, Line 20, to read as follows: "The consensus of the poll was unanimously...".

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of January 3, 1989, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

ACCOUNTS ALLOWED

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved payment of Warrant #89620 through Warrant #90080, for the following accounts:

General Revenue County Transportation Trust

South Lake Fire District Section 8

Mosquito Control Pasco Fire District

Eustis Section 8 Paisley Fire District

Bassville Fire District Emergency 911 Fund

Countywide Fire District Countywide Library

Capital Outlay Landfills

Northwest Fire District Law Library

Fine and Forfeiture Private Industry Council

Mt. Plymouth Fire District Aquatic Weed

Self Insurers Fund Northeast Hospital

Northeast Ambulance Northwest Ambulance

Road Impact

BUDGETS/STATE AGENCIES/WATER RESOURCES

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Southwest Florida Water Management District's FY 89 Budget, in accordance with Chapter 373.507.

COUNTY ADMINISTRATOR CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following items on the County Administrator's Consent Agenda, and authorized proper signatures on same:

Accounts Allowed/Contracts, Leases & Agreements

Notice from Cablevision Industries, Inc., in accordance with their cablevision agreement, of a proposed increase in subscriber rates from $14.45 to $15.95, to be effective March 1, 1989.

Commr. Swartz requested that the Acting County Administrator make sure that required terms of the cablevision agreements are being complied with by all companies.

Accounts Allowed/Contracts, Leases & Agreements/Health and

General Services/State Agencies

Request for the renewal of the Section 8 Housing Annual Contributions Contract between Lake County and the U. S. Department of Housing and Urban Development, extending the contract through September 30, 1991, in the amount of $410,904.00.

Accounts Allowed/Animal Control

Request for Arthur L. Carter, Animal Control Officer, to attend 80 hour Animal Control Officer Basic Course, in Gainesville, from January 23, 1989, through February 3, 1989, at a cost of $724.40.

Accounts Allowed/Animal Control

Request from Animal Control to cash a $l0,000.00 Certificate of Deposit, in the Animal Shelter Trust Fund #610, and to place the equity in pool cash, along with the $18,918.78 donation received in April 1988, resulting in an 8% interest earned, instead of 7.15%, and accessibility.

Contracts, Leases & Agreements/Libraries/State Agencies

Request for signatures on the State Aid Agreement, between the State of Florida and Lake County, for the Fiscal Year 1988-89.

Appointments-Resignations/Personnel/Public Works/Public Health

Request for the appointment of James Stivender, Assistant Director of Public Works, and Nadine O'Connor, Executive Secretary of Health and General Services, as the supervisory and non-supervisory member, respectively, to the Personnel Committee.

Accounts Allowed/Bonds/Resolutions/Roads-County and State

Subdivisions

Request to release a Performance Bond, in the amount of $340,481.00, on The Vistas Subdivision, Phase I; to accept a Maintenance Bond, in the amount of $23,200.00; and to accept the following roads into the County maintenance system: Vista Del Lago Boulevard (3-OESO), and Lago Louisa Court (3-0850A).

Bonds/Planning and Development

Request to cancel existing surety bond for Cameron Cummings Mt. Plymouth Area - District #4.

Contracts, Leases & Aqreements/Right-of-Ways, Roads and

Easements/Subdivisions

Request to accept and execute the Easement Agreement of Assignment and Consent from Florida Power, on Wedgefield Drive, in Wedgewood Subdivision.

Deeds/Right-of-Way, Roads and Easements

Request to accept the following right-of-way deeds:

Nelson H./Barbara Vielleus #3-4455 Merry Road

Ann H. Rou #4-4858 Oillard Road

Bonnie R. Wilson #2-3215 Hollendel Road

OUTDOOR RECREATION/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Central Florida YMCA, to formally recognize, by Proclamation, "YMCA WEEK", during the week of January 22-29, 1989.

PUBLIC HEALTH

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from Social Services, for Myra Smith, Operations Supervisor, to be designated to determine eligibility, and to certify residency for Lake County, in order to maintain control and assure accuracy of these determinations.

ORDINANCES/PLANNING & DEVELOPMENT/SUBDIVISIONS

Mr. Chris Ford, County Attorney, discussed the request to advertise a proposed ordinance amending the process for approval of the subdivision plan, by the Board of County Commissioners. He reviewed Section 1. Section 61.15 of Appendix C, regarding Board Action. It would be the preroyative of the Board alone as to whether or not to accept the preliminary plan, and the dedication of any street or other proposed public dedication, as well as making any and all desired amendments to the plan.

Commr. Gregg questioned whether or not this ordinance could be constructed so that the Board of County Commissioners could be more of an appeal process, rather than hearing all individual cases submitted to the Planning and Zoning Commission.

Mr. Watkins, Clerk, stated his concern regarding the proposed ordinance having the possibility of slowing down the process of preliminary plan approval.

Mr. Ford stated that he would revise the proposed ordinance, to include the process of appeal, and bring it back before the Board next week.

CONTRACTS, LEASES & AGREEMENTS/DEEDS/LANDFILLS

Mr. Chris Ford, County Attorney, discussed with the Board his memorandum regarding the County Solid Waste Management Program. He directed the Board's attention to Page 9, #4 Ownership of the Facility Site and the Facility. He stated that Ogden Martin is prepared to transfer the ownership of land, not the facility, to the County, with a yearly lease of $1.00 per year, for 40 years, as long as the Service Agreement is in effect (presently in effect for 28 years). Mr. Ford recommended accepting a deed from Ogden Martin, which would put the County in a superior negotiating position, when the time arrives to renegotiate the contract.

Mr. Ford discussed the advantages of the County owning the land, and stated that the privately owned facility would be much more economical. He informed the Board that an analysis of the economic impact, associated with a hypothetical transfer in ownership of the facility, was included with his memorandum, for review.

Mr. Ford discussed negative aspects, from a legal standpoint, regarding the ownership of the land, which included the possibility of sink holes, or a garbage pit leak.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to accept ownership of the property, for the waste-to-energy plant, but not accept ownership of the plant itself.

COMMISSIONERS/ORDINANCES/RESOLUTIONS

Mr. Chris Ford, County Attorney, discussed with the Board a proposed resolution, pertaining to authorized expenditures for meals, refreshments, and entertainment of elected officials, state legislators, members of appointed boards and commissions and other distinguished visitors to Lake County, which had been requested to be prepared by the Board. Included in his information was a copy of the Hillsborough County Code, pertaining to this matter. Mr. Ford stated that the Attorney General is of the opinion that something more formal than a motion should be established, such as in the form of a resolution or ordinance. Mr. Ford then discussed a proposed ordinance, pertaining to the same matter, and stated that the resolution would protect the Board, without the necessity of an ordinance.

Mr. James C. Watkins, Clerk, recommended that the Board pass the resolution, in the interim, until the ordinance passes through the necessary procedures, for adoption.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution, presented by the County Attorney, pertaining to entertainment.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to advertise the proposed ordinance, pertaining to entertainment, as indicated above.

PLANNING AND DEVELOPMENT

Mr. James C. Watkins, Clerk and Acting County Administrator, discussed addressing problems for unmaintained County roads. He stated that there is a discrepancy with the names the actual roads, and the names that appear on the plats. Mr. Watkins stated that the recommendation is to follow, wherever feasible, the platted street names.

Mr. Don Findell, Acting Director of Planning and Development, appeared before the Board to discuss the addressing problems, and referred to the Yalaha area. Mr. Findell reiterated the recommendation, with the staff maintaining the integrity of the plat , wherever possible, unless a situation creates undue hardship.

Commr. Swartz discussed the approved addressing ordinance, and stressed the importance of the staff being sensitive to the needs of the general public.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to maintain the integrity of the plat, where at all practical.

COUNTY POLICY/MINUTES

Mr. James C. Watkins, Clerk and Acting County Administrator, discussed the design of the agenda, and stated that a complete copy is available for the press on Fridays. Mr. Watkins stated that he would like a disclaimer, or warning, placed in the agenda, indicating that this does not preclude the Board from recognizing any citizen that appears to present an issue, or any member of the Board, or its staff. Mr. Watkins also stated that a section would be added and reserved for the Commissioners, for their business items that they may wish to have documentation made available.

Commr. Gregg stated that employees preparing the Board Minutes have been instructed not to make any additional changes to the Minutes, once they have been distributed to the Commissioners.

Mr. Watkins concurred with Commr. Gregg, stating that the Minutes are kept by a separate elected official, to make sure that they are reflective of the business that has transpired, with the Deputy Clerks acting in this capacity, and with changes being made only at the public hearing.

CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS/MEETINGS

Mr. James C. Watkins, Clerk and Acting County Administrator, discussed the issue of town meetings, and whether or not one should be scheduled for the month of February.

Commr. Gregg stated that the Board had expressed the desire to conduct one town meeting, in each of the five districts, during a years time.

Mr. Watkins stated that the scheduling would be planned accordingly, with a recommendation to be presented to the Board, at a latar date.

Mr. Watkins stated that it had been suggested that a meeting be scheduled for a cablevision workshop, to review the franchising process and regulation of that process. At this time, he requested direction from the Board.

It was noted that the Board felt it would be wise to schedule the cablevision workshop, and indicated a need for other priority issues to be scheduled in the same manner.

MEETINGS/ORDINANCES

Mr. James C. Watkins, Clerk and Acting County Administrator, discussed with Commr. Gregg a conflict of the scheduling of a joint meeting with the Mining Ordinance Committee, for February 22, 1989.

Commr. Gregg clarified that the meeting was to be scheduled for February 21, 1989, with Mr. Watkins to adjust the schedule accordingly.

PLANNING AND DEVELOPMENT

Mr. James C. Watkins, Clerk and Acting County Administrator, discussed with the Board the scheduling of the rezoning cases brought before the Board, in the afternoon of the second regular scheduled Board meeting. He stated that several items had been suggested, such as rescheduling the cases to the third Board meeting, in order for the Board members to receive the necessary documentation, to review. Mr. Watkins stated that he was not in the position to make this recommendation to the Board today, and would like to get input from the staff and public before doing so.

Commr. Gregg stated that it would be very beneficial to the Board members to receive the information a week before the scheduled meeting, in order to review it with the staff.

Commr. Swartz discussed the Consent Agenda, established by the St. Johns River Water Management Board, and suggested that the staff work to reorganize the rezoning schedule, so that the controversial cases could be heard at a specific time, not only at the Board meetings, but also at the Planning and Zoning Commission meetings.

No action was taken at this time.

COUNTY ADMINISTRATOR/COMMUNICATION

Mr. Robert K. McKee, Chief Deputy Clerk, reviewed with the Board the newly devised Citizens Service Request/Complaint System, and answered questions from the Board.

APPOINTMENTS-RESIGNATIONS/PLANNING AND DEVELOPMENT/PUBLIC WORKS

Mr. James C. Watkins, Clerk and Acting County Administrator, informed the Board that Mr. Ben Benedum, Director of Public Works, had submitted his letter of resignation. Mr. Watkins stated that he has asked Mr. Benedum to serve, between now and the time of resignation, in the capacity of a consulting engineer, rather than the Division Director of Public Works, which he has agreed to do.

Mr. Watkins stated that he has asked Mr. Jim Stivender to serve as the Acting Director of Public Works.

Mr. Watkins stated that Mr. Stivender and Mr. Don Findell, Acting Director of Planning and Development, have been informed that it is his intent to allow the new County Manager to advertise, consider and appoint the permanent directors, at which time these individuals may apply in this process. At this time, Mr. Stivender and Mr. Findell are serving in an acting capacity, with their salaries being adjusted to reflect their additional duties.

COUNTY EMPLOYEES/COUNTY ADMINISTRATOR

Mr. James C. Watkins, Clerk and Acting County Administrator, discussed with the Board some of the administrative changes, which have taken place, and informed the Board that the position of Assistant County Administrator has been deleted from the reorganizational structure for the County, and the position of Coordinator of Special Projects has been created. Mr. Watkins stated that he has consulted with Mrs. Kathy McDonald (former Assistant County Administrator), as to her continuing in this new position, and she has accepted this opportunity. At this time, McDonald will be helping with the Addressing and 911 System programs, and the Criminal Justice/Jail Facility project.

Mr. Watkins stated that he is in the process of trying to secure a Project Director, who has the experience and education deal to with the $34 million dollar jail project, and will be back before the Board with a recommendation for this position, at a 1ater date.

RECESS & REASSEMBLY

The Chairman announced that the Board would recess for two minutes and reconvene at 1O:OO a.m. for the public hearing.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ORDINANCES

At 10:00 a.m., the Chairman announced that the time had arrived for the public hearing on the proposed ordinance amending Section 13-48(a)(l) of the Lake County Code, providing for appointment of a member of the Lake County Board of County Commssioners to the Tourist Development Council.

No one present wished to discuss the proposed ordinance with the Board.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to place the following Ordinance on the floor for its first and final reading by title only:

AN ORDINANCE AMENDING SECTION 13-48(a)(l) OF THE LAKE COUNTY CODE PROVIDING FOR APPOINTMENT OF A MEMBER OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS TO THE TOURIST DEVELOPMENT COUNCIL, DELETING THE REQUIREMENT THAT THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS SERVE ON THE TOURIST DEVELOPMENT COUNCIL, PROVIDING A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance 1989-1, as read on its first and final reading, by title only.

Mr. Chris Ford discussed the policy, presently being used by the Board, for the approval and adoption of an ordinance. At this time, Mr. Ford stated that the Board could approve and adopt the ordinance, in one motion, should they choose to do so.

COMMITTEES/PUBLIC HEALTH

Commr. Gregg discussed the memorandum, which he prepared for each Commissioner, regarding their representation on different committees. He stated that the Health/Indigent Care Committee was omitted from this list, and reminded the members of the Board to review this list, or he will take the liberty to appoint members to the various committees.

RECESS & REASSEMBLY

At l0:13 a.m., the Chairman announced that the Board would recess for lunch and reconvene for rezoning at 2:00 p.m.

COMMISSIONERS/MUNICIPALITIES

Mr. Darryl Benton, Commissioner of the City of Eustis, appeared before the Board and made a presentation, which consisted of note pads and congratulations to the new Board of County Commissioners.

ZONING

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

CUP#88/12/4-3 Fox Hill Builders

William Stosberg 2-14-89

#224-88-2 Montcler Groves, Inc. 2-14-89

CUP88/12/2-3 John J. Tucker 2-14-89

PUBLIC HEARING #216-88-5 RP to RM H. 0. Williams, Jr.

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 RP (Multiple-Family Residential-Professional) to RM (Mobile Home Residential), to create four (4) lots for mobile homes.

PUBLIC HEARING #212-88-5 A to R-1-15 James E. Luznar

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 R-1-15 (Residential Estates), to create two (2) residential building lots.

PUBLIC HEARING #225-88-S RR to PFD John H. Schrieffer, Tr.

Mr. David Clapsaddle, Director of Development Coordination, informed the Board of the Planning Commission recommendation for approval, with the following amendments:

A Performance Bond for 110% of estimated cost of restoration of property that is bermed will be required as determined by the Lake County Pollution Control Director.

#7: "A vegetative buffer.....twelve (12') ft. high and at least 50 ft. wide will be required...."

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and voluntarily presented the following additional amendments, for consideration by the Board:

Changes to the PFD:

1. Page 1, #6: No irrigation is to be allowed within one-hundred and fifty (150) feet of the property line. (SO' to be utilized as a buffer).

2. Page 1, #7: A vegetative buffer of a rapid growth variety which will grow to at least twelve (12') ft. high and at least fifty (SO') feet wide of dense nature shall be maintained outside of the area where spray takes place.

3. Page 3, #17: Last sentence: Golden Gem will not exceed 750,000 gallons per day on the combined parcels.

4. Page 3, #18: Last sentence: If the results of these investigations show that the problem is due to the sprayfield operation, then the permittee will take immediate corrective action as required at no cost to any private citizen living in the area of Lake County.

5. Page 5, $21: Golden Gem agrees to immediately consult with the Pollution Control Director to formulate a schedule to bring the existing sprayfield into compliance with the P.F.D.

6. Page 5, #22: When the final study is done, the Pollution Control Director, with the Board OF County Commissioners' approval, will determine an amount at least equal to one hundred and ten (110) percent of the total cost to accomplish item #18 of this document.

Mr. Richey stated that the applicant is voluntarily here today to try and correct a situation, which has been in existence for a number of years, by including an additional 80 acres. Mr. Richey stated that the proposal today will address the public concerns of.odor, bugs, and the escape of effluents. He referred to III. of the Conditions in the PFD, as follows: "Permittee will take whatever steps are necessary to eliminate objectionable odor generation including, if necessary due to the persistent objectionable odors, including acquisition of additional sprayfield area or sprayfield relocation". If the problems are not corrected, the sprayfield will be closed down, according to the Environmental Protection Agency (EPA).

Mr. David Keough, Jones, Edmunds L Associates, appeared before the Board and stated that the time frame to get the facility designed, permitted and approved by the necessary County agencies, will be sometime this summer. Mr. Keough stated that the necessary studies have not been performed, on the original 120 acres, as far as the necessary procedures to bring it up to standards. He stated that approximately one-half of the 120 acres is usable land.

Discussion occurred regarding public concern with the management practices of Golden Gem Growers.

Mr. Jack Nelson, Executive Vice President & General Manager of Golden Gem Growers, appeared before the Board and stated that, because the existing 120 acres of land was limited to soil conditions, and the engineering technology when the sprayfield was built, only limited improvements could be accomplished. Mr. Nelson stated that, over the years Golden Gem Growers has attempted to improve the present situation, but with the engineering and soils that exist on the present sprayfield, and with the freezes and loss of fruit, GGG has been unable to make major alterations. Therefore, Jones, Edmunds & Associates performed test borings on the 80 acre site and confirmed that the land would be able to handle part or all of the existing permitted effluent that the 120 acre site is presently trying to handle.

Mr. Chris Ford, County Attorney, stated that, should the conditions to eliminate the problems indicated fail, the Board will have power with the PFD document, to try and close down the operation. Mr. Ford stated that he can foresee legal ramifications with the closing of an industry, and discussed the language contained in the PFD.

Commr. Windram referred to other locally operated PFD facilities, including Silver Springs, where similar problems were resolved to a large degree.

Commr. Swartz stated that he felt there was a difference with this facility, because of the adjacent residential land use.

Mr. Richey discussed the rotation system used in the sprayfield, and stated that the original system cannot be brought up to standards without the additional land. Golden Gem Growers has repeatedly tried to correct the existing problems.

Mrs. Peggy Smith, owner of an orange grove directly west of the property in question, appeared before the Board to state her concerns with the underground flow of effluents under her grove, which she feels may cause damage to her grove.

Mr. Dennis Elanchard appeared before the Board and discussed the mist that blows over his property and causes an odor. Mr. Blanchard stated that he has put in three different wells, with the last one being 315 Feet deep, with each well being contaminated.

Mrs. Amy Blanchard appeared before the Board and stated that she has experienced over 15 years of contamination, pollution and stink related to the sprayfield, and has also developed allergies.

Mrs. Mary Futch appeared before the Board and stated that her two children have developed health problems, which she feels are related to the sprayfield. Mrs. Futch stated that she has moved to Wygul Road, and neither child seems to have respiratory problems at this time. Should the 80 acres be developed, she feels the problems will recur.

Mr. Edward Holiday, Cemetery Road, appeared before the Board in total opposition to the request. Mr. Holiday stated that Golden Gem Growers cannot control the 120 acres that they have now, and should resolve those problems, instead of creating additional ones.

Mr. Frank Vanderhoof appeared before the Board and stated that he feels that Golden Gem Growers have molested the 120 acres of land originally sited for the sprayfield, and recommends that the Board approve to have the 80 acres remain residential, with direction made to GGG to find additional property outside of the residential area.

Mr. Bill Vanderhoof appeared before the Board to discuss the effluents flowing onto his property in the past. Mr. Vanderhoof stated that the Pollution Control Board handled the problems of the effluents appearing on top of his property, but now it flows under his property. He stated that the flow of effluents and the problems resulting from this procedure cannot be solved by adding additional lands. The solution would be to locate property in another area.

Mr. Robert A. Foley appeared before the Board and stated that he lives approximately one mile from the existing sprayfield. Mr. Foley stated that he has the current DER operating permit issued to Golden Gem Growers, which will expire August 1, 1989, and should be reviewed for violations. He further stated that the Shivers, who live approximately l/4 of a mile from the present sprayfield, moved to Umatilla from Eustis, where they lived near the sprayfield, because of problems developing with their livestock, which included the rotting of their livestock's hoofs. Mr. Foley further stated that the Shivers had problems with the paint on their cars, which resulted in having to have their cars repainted. At this time, Mr. Foley reiterated the problems presented to the Board by the audience.

Commr. Windram questioned Mr. Ford on the liability, on behalf of Golden Gem Growers, as far as the comments being made today.

Mr. Ford stated that, assuming there is a provable liability here today, this would be a matter for Golden Gem Growers to consider with their attorney.

Mr. Foley directed the Board's attention to the map attached to his letter of record, and suggested a solution to this matter, on behalf of the residents, that the Board turn down the request for rezoning of the northwest 40 acres on Cemetery Road, and maintain the rural residential area to be developed for the people, and not rezone to commercial.

Mr. Alexis Mozadee, student at the University of Central Florida, appeared before the Board to discuss a possible solution to the problems indicated today. Mr. Mozadee stated that the water could be treated to the point where it would be clear, but this would be a costly method, and that the sprayfield is the most economical way to accomplish the needs indicated by Golden Gem Growers.

Mr. Richey presented a rebuttal to the statements made by the audience, referring to the requirements contained in the DER permit, and the proposal being presented today. Mr. Richey further stated that drinking water standards will have to be met, and that the proposal indicates that substantial wells and testing procedures will have to be placed in the PFD, which provides that, if in fact the applicant causes harm to the neighbors, that the applicant, at no cost to the private property owners or the County, in fact will have to correct that situation.

Mr. Richey stated that the suggestion made by Mr. Foley, to delete substantial portions of the property, on Cemetery Road, cannot be considered, due to the fact that 150' has already be given up all of the way around the site, and to delete a portion of acreage and include the 150' all of the way around, would not allow substantial land to accomplish what has been proposed.

Commr. Bakich stated that the concerns expressed by the citizens are understood. He then discussed the differences between the sprayfield located in Saltsdale, and the Silver Springs sprayfield. Commr. Bakich stated that, if Golden Gem Growers does not meet the requirements in the PFD, the County has the authority to enforce the rectification of the system. He stated that Golden Gem Growers has clearly stated that they are trying to rectify the problems, by means of the proposal being presented to the Board today.

Commr. Swartz made a motion to modify the presented change, made by Mr. Richey, to Page 3, #17, to read "...not exceed 600,000 gallons per day...".

The motion died for the lack of a second.

Commr. Swartz made a motion to #18, presented in the PFD, to read " . ..potable well quarterly, adjacent to the new 80 acre site, but also to require testing of the well downqradient to the 120.acre present site.

The motion died for the lack of a second.

Commr. Gregg stated that the Board will hold Golden Gem Growers to the regulations indicated, and that the Board will shut down the operation, if Golden Gem Growers does not adhere to those regulations.

Commr. Swartz made a motion that, in the area adjacent to the currently occupied RR (Rural Residential) homeowned lots, that the setback in those areas, coming to the closest property line, be increased by l00', which would be as the new site is permitted, but once the site is permitted and put into operation, then, in fact, the old site would require an additional 100' on that portion, which abutts those residences.

The motion died for the lack of a second.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission, and approved, as amended, and with the additional changes presented by Mr. Richey, the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), for the development of an agricultural sprayfield.

Commr. Swartz voted "no".

RECESS & REASSEMBLY

At 3:45 p.m., the Chairman announced that the Board would recess for five minutes.

ZONING (CONT'D.)

PUBLIC HEARING #222-88-4 R-l-7 to PFD Robert Hester

Mr. Keith Shamrock, developer of the property for the petitioner, appeared before the Board to state concerns with the addtional requirement involving accel and decel lanes. At this time, Mr. Shamrock stated that his client was requesting that this condition be deleted, based on a number of ACLFs in the area.

Commr. Windram stated that the requirement for the lanes was made by the Planning and Zoning Commission, not by the Planning staff, and informed the Board that this requirement has not been placed on the other developments, which are located on 19A, including the YMCA.

Mr. Shamrock stated that there would be appoximately seven trips made each day, which would be made by van only. The maximum amount of units on the property will be 48, with a staff of five. On a notion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to delete the amendment made by the Planning and Zoning Commission, for the accel and decel lanes, and approved the request for rezoning from R-l-7 (Urban Residential) to PFD (Public Facilities District), for the construction of a three phase adult congregate living facility.

PUBLIC HEARING #218-88-4 CP to C-l George F. Cleaver

Mrs. George Cleaver, applicant, appeared before the Board and stated that the property was purchased in 1969, and rezoned in 1976 to CP (Planned Commercial), with the plan to build mini-warehouses.

Mrs. Cleaver was requesting that the property be rezoned back to C-l (Rural or Tourist Commercial), due to a change in plans over the years. She also informed the Board that, when she and her husband first purchased the property, none of her neighbors present today to speak in opposition to the request, were located within the vicinity.

Mr. Robert Mitchell, adjoining property owner, appeared before the Board and stated that, should the property remain zoned CP, he would have some input as to what type of development could be established there.

Mr. Don Blake, owner of a business located directly across the street from the property in question, appeared before the Board and stated his concerns with the traffic situation in this area.

Mr. Dave Logan, Logan & Weiss, CPA, adjacent property owner, appeared before the Board and stated that the trend in this area is the development of professional office space and light retail, and requested that the Board consider this trend before making a decision.

Mr. Dave Weiss, Logan & Weiss, CPA, adjacent property owner, appeared before the Board to speak in opposition of the proposal, based on the commercial development within this area. Mr. Weiss stated that he felt some of the uses, under C-l zoning, would not be compatible with the surrounding development, and would like to be able to present input, as to the development in this area.

Dr. Tully Patrowicz, physician, and owner of property contiguous to the property in question, appeared before the Board and read aloud his letter of opposition, indicating that the request today was not in keeping with the development trend already under way in this area. Dr. Patrowicz further stated that the Cleaver's consulted with their real estate agent, who advised the Cleaver's to rezone, in order to enhance the value of their property.

Commr. Windram stated that he Eelt the request was premature, with the Cleavers having no particular use for the property, at this time.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied, without prejudice, the request for rezoning from CP (Planned Commercial) to C-l (Rural or Tourist Commercial), to allow C-l uses on the site.

PUBLIC HEARING #32A-87-4 Amend CP Ord. #25-87

Steven D. Harvey

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 to amend CP Ordinance #25-87, to incorporate an additional 16.9 acres to the Florida Twin Markets for parking.

PUBLIC HEARING CUP#88/12/3-3 CUP in A Robert & Richard

Newton

Commr. Swartz questioned the changes made in the number of trucks permitted on the site for either loading or repair.

Mr. Robert Newton, applicant, appeared before the Board and stated that he owns five trucks, which was the reason for the amendment to the conditions. Mr. Newton further stated that he has one adjacent property owner, with the area being mostly packing houses and muck farms, and questioned the hours of operation.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to uphold the recommendation of the Planning and Zoning Commission and approve, as amended, the request for a CUP in A (Agricultural), to permit a home occupation for a produce transfer operation and minor repair of owner's produce transfer trucks, tractors and trailers.

Mr. David Clapsaddle, Director of Development Coordination, clarified that the produce operation shall be between the hours of 6 a.m. and 9 p.m.

At this time, the Board requested that the staff include in the CUP correct interpretation of the hours of operation and specific activities, which may be conducted before and after those hours.

At this time, the Chairman called for the question, and the motion was passed unanimously.

PUBLIC HEARING #226-88-3 A to PUD Joyce Thompson

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that the applicant has requested several waivers to the PUD ordinance and subdivision regulations, with the staff only recommending that the applicant will not have to pave the interior streets to County standards, allowing a clay base, or gravel road, in order to maintain the rural character of the site.

Ms. Joyce Thompson, applicant, appeared before the Board to discuss the request, and stated that the intention is to keep the area as natural as possible, with most of the development being located in the back of the property. At this time, Ms. Thompson explained to the Board the design of the proposal.

Mrs. Cecelia Bonifay, Attorney representing the Shultzes, who are adjacent property owners, appeared before the Board to state concerns with the proposal being presented. Mrs. Bonifay stated that she has reviewed the site plan for this development, and questions the location of the RV's, and the actual development of phases. She stated that, from reviewing the site plan, the central area is wet and cannot be developed, and sees this as more of a commercial intrusion into a primary agricultural area. Mrs. Bonifay requested that the Board reject the PUD, as not carrying out the philosophy of what the developer has in mind, and as an alternative, have the applicant internalize the KOA and commercial activities located in the front of the development.

Mr. John Bishop, property owner to the south, appeared before the Board and presented a petition with 30 signatures opposing the request. Mr. Bishop stated concerns involving the RV parking around C-561, and the safety of school children.

Ms. Ann Stamper, who lives one-quarter of a mile from the property, appeared before the Board in opposition to the request. Ms. Stamper stated that there are already 55 RV campsites within this area that are never fully utilized. She stated that the dude ranch would be acceptable, but was also concerned with the heavy truck traffic.

Ms. Frankie Thorpe, who lives l/2 a mile south of the property, appeared before the Board to express her concerns with the request. Ms. Thorpe stated that she would concur with the dude ranch, but felt the RV park would be a conflict with future land use, and therefore was in opposition to the request.

Ms. Thompson appeared to present a rebuttal to the statements presented by the audience. She stated that there are lowlands, as indicated in her brochure, but the dude ranch is designed with the RV's being located in an area that will not be viewed by the public. Ms. Thompson further stated that she did not want anything that would be an eyesore: all standards will be met for roads; and all RV'S will be have a minimum 250' setback from the road.

Commr. Swartz discussed the possibility of redesigning the site plan, and the present plans being a possible intrusion to Agricultural zoning.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to overturn the recommendation of the Planning and Zoning Commission and deny the request, without prejudice, directing the applicant to work with the County staff in redesigning the site plan.

After some discussion regarding procedures used by staff and Board, Commr. Swartz withdrew his motion, with Commr. Bailey removing his second.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board postponed a request for rezoning from A (Agricultural) to PUD (Planned Unit Development), for 90 days, in order Eor the applicant to work with the staff on the design of the development in discussion.

PUBLIC HEARING #213-88-3 A to C-2 Emory C. Tompkins

Mr. Greg Homan, Clermont, appeared before the Board to discuss the recommendation he made, at the Planning and Zoning Commission meeting, for a CP zoning. Mr. Homan stated that there are several uses in C-2 zoning that would not be acceptable to the residents in this area, and therefore requested that the Board consider CP zoning.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to C-2 (Community Commercial).

PUBLIC HEARING #220-88-3 A to AR Albert Landers &

Vivian Jones

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

On a motion by Commr. Swartz, seconded by Commr. Bailey 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), which would allow two lots on the site, each containing 2.25 acres of usable land.

Commr. Windram was not present for the vote.

PUBLIC HEARING CUP#88/12/1-2 CUP in A Herbert J. Rogers

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that, since the meeting of Planning and Zoning Commission, the applicant has met with the STAFF to determine the status of the property. The property owner has since brought in a new deed, showing that the parcel was (cutout) prior to 1971, which means it is a lot of record, with the applicant being allowed to put a single-family house on the property, but not a mobile home, because of the lot being undersized.

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

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to allow installation of a mobile home for a caretaker's residence.

Commr. Windram was not present for the vote.

PUBLIC HEARING #221-88-2 A to R-l-5 Marshall & Barbara

Eldredge

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 denied the request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential), to permit development for residential homesites.

PUBLIC HEARING #215-88-2 RR to A Jesse B. Story

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 A (Agricultural), which would permit all uses of the A (Agricultural) district.

PUBLIC HEARING #227-88-2 RP to PFD Lloyd Davis

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 RP (Multiple-Family Residential-Professional) to PFD (Public Facilities District), to permit a day care center on the site.

PUBLIC HEARING #214-88-l A to AR Ronald H. Mills

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 A (Agricultural) to AR (Agricultural-Residential), to permit a minimum lot size of 2.25 acre tracts.

PUBLIC HEARING #228-88-l C-l to CP Charles Friend

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 CP (Planned Commercial), which would permit a commercial mini-warehouse on the site.

PUBLIC HEARING #229-88-l Amend CP Ord. #18-80

Timothy Coughlin

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 to amend CP Ordinance 818-80 for a professional office.

PUBLIC HEARING #219-88-4 A to CP or C-l Robert S. Reed

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 denied the request for rezoning from A (Agricultural) to CP (Planned Commercial), or C-l (Rural or Tourist Commercial).

PUBLIC HEARING CUP#88/11/1-5 CUP in A Doris J Smith

Mr. David Clapsaddle, Director of Development Coordination, informed the Board that this request is to construct a conventional home, as well as a mobile home, to be used as a dwelling for an ill son. This is the first time a petition involving the care of an indigent has been presented to the Board for approval. The CUP is limited to the one indigent son, with doctor's certifications being required at the end of the year. Should the property be sold, the CUP will be revoked.

Commr. Windram stated concerns with setting a precedent and the possibility of other requests, as such, being filed, and felt that these types of requests should be reviewed closely.

Mr. Clapsaddle stated that there is a need to consider these types of requests in an ordinance form.

Mr. Greg Honan, Clermont, appeared before the Board to discuss the indigent care strategy, stating that he is the lead voice on the Planning and Zoning Commission. He feels there is an inconsistency with the approval of mobile hones in agricultural, with caretaker residences being allowed for greenhouses, etc., but not for a family member who has a physical handicap. Instead the relatives are being placed in hones, with taxpayers picking up the expenses.

Commr. Windran stated that he felt the uses should be limited to agricultural uses, but understands the direction of the request presented to the Board.

On a motion by Comnr. Windran, 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), to construct a conventional home, as well as a mobile home, to be used as a dwelling for an ill son.

PUBLIC HEARING #208-88-3 RR & R-l-7 to PUD William &

Grace Stosberg

Ms. Cecelia Bonifay, Attorney representing the applicants and developers, appeared before the Board and presented an overall review of the request being made. Ms. Bonifay presented drawings for the Board and audience to review during the discussion. Ms. Bonifay stated that the request is compatible with the surrounding areas, as approved and recommended by the County staff, and through research has found that the surrounding areas have higher densities, than what is being proposed today. Ms. Bonifay stated that they are already on record stating that they will reduce the density by 10% with a total of 200 units on the site, which will bring the net density well below four (4) units per acre. She further stated that access to the development will be limited at one point, for lake access, which will decrease the traffic. Ms. Bonifay also stated that the development is compatible to the future comprehensive plan. She suggested that modifications to the development be made today, and that a new site plan be submitted with these modifications, at a later date.

Ms. Bonifay discussed the commercial concern, with the intent of the developers to internalize the commercial uses, with the objective to serve the primary residents of the development. She further stated that there will be public facilities which will be handled through a waste treatment plant located on site, which can also be internalized, with additional buffering. She stated that the Vice-President of Operations of Sumter Electric Cooperative, is to determine whether or not a private entity would be interested in maintenance and long term operation of this plant. She was informed that this is not a Sumter Electric service area, and if built to their designs and specifications, they will be willing to take over, operate and maintain the plant.

Ms. Bonifay referred to the proposed PUD, IL. Public Facilities, and stated that a modification could be made, as far as the fire flow will be commensurable with, or acceptable to, Lake County standards, to protect the units developed within the project. She also discussed a concern with the transportation requirement for the dedication of a 40' right-of-way on each side of the centerline of Lakeshore Drive, which the applicant does not own on both sides. The development is only on the east side, therefore, the applicant would only provide right-of-way adjacent to the development.

Mr. Buddy Oswalt, owner of Crescent Bay Subdivision, appeared before the Board to address the issue of density. Mr. Oswalt stated that he is not opposed to the development, but feels that the proposed density should be in conformance with R-1-15 zoning, and the Board should not set precedent with multi-family units.

Ms. Andrea Edgington appeared before the Board and stated that she feels the commercial zoning is an intrusion upon the life style already established within the community. Ms. Edgington was concerned with the changes being presented today, and the public not being able to review these changes in complete form, before the approval by the Board.

Mr. Richard Tucker appeared before the Board and stated that he was in opposition to the request, because the zoning is not in conformance with the surrounding zoning. He also stated concerns with the additional traffic and the multi-family units being proposed.

Mr. Tom Clark appeared before the Board and stated that he is a resident of Crescent Bay, and is concerned with the additional traffic load and future development in the area.

Mr. Dan DeVonn appeared before the Board to address the commercial zoning issue, and stated that he felt the Board would be setting a precedent for zoning in the future.

Ms. Bonifay presented a rebuttal to the issue, reiterating her previous statements pertaining to density; the preservation of the commercial use; and the internalization of the commercial use and the sewer treatment plant.

Mr. Dale Ladd, President of Silver Fox Development, Inc., appeared before the Board to discuss the development of this property. Mr. Ladd stated that the intention of the commercial zoning is to serve the developed community, with possibly a hardware store and beauty salon. Its architectural characteristics of the development will be carried through to the commercial zoning. At this time, Mr. Ladd indicated that he would not have a problem with C-l zoning.

Commr. Gregg stated that he would like to see any commercial use internalized in the development, along with the treatment plant, and would like to see the developer construct single family units. Mr. Ladd stated that, if he chose to construct single-family villas, he could still maintain the 200 unit density.

Commr. Bailey discussed moving the treatment plant to the south of the development.

Commr. Gregg stated that he would like to see no greater than C-l uses, with Ms. Bonifay concurring. Commr. Gregg further stated that 12,000 square feet would be more than ample for the intended commercial use. He stated that he would like to see the square footage at 6,000 feet.

Commr. Swartz stated that, at this point of time, the Board should consider whether or not the commercial zoning is appropriate, in regards to the Comprehensive Plan, and the PUD uses. Commr. Swartz further stated that the residents in South Lake County value a resource, known as the Chain-of-Lakes, with the proposed development being adjacent to Lake Louisa. He stated that the surrounding land is single-family with a density of 1.1 to 2.75 units per acre, with the proposed development exceeding this density. Commr. Swartz stated that he cannot find a reason to approve and support the proposed project at this density rate, and felt that, with the discussion which has occurred regarding the Wekiva issue, approving this request would not be appropriate.

Commr. Bakich questioned the uses of R-l-5 zoning, as opposed to R-1-10, which would have a greater density.

Commr. Swartz recommended denial of the request, based on the desired density and his concerns with the commercial uses.

Commr. Gregg disagreed with Commr. Swartz and stated that he felt there are advantages with the proposed PUD method, and stated that residential-commercial allowances in a PUD is beneficial, because traffic is kept from the main road.

Commr. Windram stated that the concerns presented for discussion have been dealt with by means of modifications, with Commr. Bailey and Commr. Bakich concurring.

Commr. Windram questioned procedures to use, in order to present an appropriate motion, for the Board to consider.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) & R-l-7 (Urban Residential) to PUD (Planned Unit Development), with the following amendments: (1) requirement for an internal location of the treatment plant and commercial acreage; (2) single-family detached dwellings be limited to 195 units; (3) the square footage of C-l commercial use, on two acres of property, be reduced from 20,000 to 6,500.

Commr. Swartz voted "no".

PUBLIC HEARING CUP#397A-2 Amend CUP#397-2 Robert Nolen

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

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#397-2, to add a soil and cement decontamination plant.

Commr. Windram was not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:58 p.m.

TMA/l-13-89