A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 14, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, February 14, 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 Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of January 23, 1989 (Special Meeting - Wekiva Amendment), as presented.

CLERK OF COURTS CONSENT AGENDA

Accounts Allowed/Assessments/Courts-Judges/Subdivisions

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved and authorized proper signatures on the following Satisfaction of Assessment Liens:

Imperial Mobile Terrace

Marguerite M. Burchett $ 211.60

Hilltop Subdivision - No. 3

Michael T. O'Flanagan 549.43

Astor Forest Campsites

Laura C. Taylor 595.53

Springs Bath & Yacht Club

John Lawrence Rutschow 584.40

Sparks Village Subdivision

Staton and Mary Jane Dixon 348.09

Crest Haven Subdivision

Harold and Patricia Jeffries 1,143.0l

Mt. Plymouth Subdivision

Raymond A. and Josephine Young 287.13

Harold Smith 480.27



Picciola Island Subdivision

Ford H. and Nancy L. Brewer 534.73

Ocala Forest Campsites

Jack and Sally Butts 745.15

Jack and Sally Butts 723.56



Joleen Estates Subdivision

Robert McNeal 871.14

Hilltop Subdivision

Don L. Pelfrey 1,144.00

Hilltop Subdivision - Unit 2

Isaac W. Routh 839.38

Hilltop Subdivision - Unit 11

Frank and Margaret Chambers 609.14

Ravenswood Park Subdivision

Bobby and Ruth Hollingsworth 310.41

Western Shores Subdivision

Barbara Ann Love 699.95

Barbara Ann Love 699.95

Barbara Ann Love 699.95



Silver Lake Park Subdivision

Donald Mackey and Mary Dixon Glessner 504.53

Included in the motion was approval and signature authorization for the following Satisfaction of Judgments:

Satisfaction of Judgment for David Ray Wheat, Jr., Juvenile, and Joyce Fields or Joyce Field, Parent, in the amount of $150.00 - Case No. 81-1106-CJ.



Satisfaction of Judgment for David Ray Wheat, Jr., Juvenile, and Joyce Ann Field, Parent, in the amount of $150.00 - Case Nos. 81-574-CJ and 81-690-CJ.



Satisfaction of Judament for Larrv Gene Larue, in the amount of $250.00 - Case No. 85-826-CF.



Reports/State Agencies/Water Resources

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Southwest Florida Water Management District's Audited Financial Report for Fiscal Year 1988.

COUNTY ADMINISTRATOR'S CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the County Administrator's Consent Agenda, as follows:

Appointments-Resignations/Committees/Pollution Control

Recommendation from Pollution Control, for appointment of Richard Boliek, as Agricultural Representative, to the Pollution Control Board.



Accounts Allowed/Fire Protection/Municipalities

Request from the Astatula Fire Department, to purchase one (1) portable folding water tank, from Del Ray Fire Equipment, at an estimated cost of $903.00.



Emergency Management

Request from the Department o f Emergency Management, for approval to publish Change 1 to the Lake County Peacetime Emergency Plan (PEP).



Accounts Allowed/Subdivisions

Release of an Irrevocable Letter of Credit, in the amount of $6,059.40, for maintenance, on Sunset Village Subdivision.



Accounts Allowed/Bonds/Subdivisions

Final plat of Lake Marquis Estates, and accepted a Developer's Surety Company Completion Bond, in the amount of $5,064.00, for performance of common driveways.



Appointments-Resignations/Building Department/Committees

Recommendation from the Board of Building Examiners, for appointment of Charles C. Jones to said Board.



Deeds/Right-of-Ways, Roads & Easements

Acceptance of the following right-of-way deeds:



Susan Sadler Bowen #4-4857 Dillard Road for Approved

Road Project



Kenneth N. Smith #2-1616 Extension of Drawdy Street

for Lot Approval



Silver Springs Citrus

Cooperative, Inc. #2-3024 No. Two Road for Site Plan

Approval



Claire Kerben #3-2439 S. Buckhill Road

Agnes S. Morel #2-3215 Hollandel Road for Approved

Road Project



Deeds/Municipalities/Roads-County & State

Request to release the following road reservation, south of Mascotte, for the Murphy Act Deed:



#1477 - Reserve 33 ft. from centerline on Mascotte Empire Road,

#2-1310, South of Mascotte - WEME Properties, Inc.



Reports/Mosquito-Aquatic Plant Management

Acceptance of FY 1987-88 Annual Aquatic Plant Control Activities Report.



COUNTY ADMINISTRATOR'S DEPARTMENTAL BUSINESS

COUNTY ADMINISTRATOR/COUNTY EMPLOYEES/PERSONNEL

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the County Administrator's Office, to grant the County Administrator authority to approve starting salaries which may be above the minimum for the pay range, and to amend the Personnel Rules accordingly.

FIRE PROTECTION/PERSONNEL/COUNTY POLICY

Mr. Watkins, Clerk and Acting County Administrator, informed the Board that Mr. Chuck Sowers, Fire Coordinator for Fire Protection, had requested that the Board amend the County's Personnel Rules and Regulations to include and incorporate the County Volunteer Fire Departments' Rules and Regulations as part of said policy.

Mr. Sowers appeared before the Board and briefly discussed said request, stating that his department had been working on achieving this goal for approximately two years with Mr. Glenn Timmons, Director of Personnel; the County Attorney's Office: and the Chief Fire Officers' Association.

Commr. Windram questioned whether said change would have any impact on Fire Protection's budget, to which Mr. Sowers stated that it would not.

Commr. Swartz stated that, in his opinion, the latter portion of the first paragraph, on Page 13, of the Policy, pertaining to the Educational Assistance Program, where it states "...forward the application through the County Administrator to the Board of County Commissioners with appropriate recommendations" should be changed to read "... forward the application to the County Administrator", period. He stated that he does not feel such recommendations need to come to the Board for approval - that the County Administrator should have the authority to approve an application for this type of educational assistance, if it meets all other requirements of the policy.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Lake County Fire Departments' Policy and Procedures Manual, as amended, and noted that said manual would become part of the overall Rules and Regulations of the Lake County Personnel Policy.

BONDS - MOBILE HOME

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request for cancellation of a mobile home bond for Randall L. Harvey, Grand Island area, District No. 5.

ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES/COUNTY EMPLOYEES

Mr. Watkins, Clerk and Acting County Administrator, brought to the attention of the Board a request by the Director of Environmental Services, Mr. Don Findell, to upgrade the position of Permit Specialist to Environmental Specialist I, with a salary range of $21,500-30,100.00 rather than $16,000-24,600.00.

Mr. Findell appeared before the Board and briefly discussed the request, stating that the present position of Permit Specialist does not require a college degree, even though the work that a Permit Specialist does is highly technical. However, the position of Environmental Specialist I does require a college degree and would, therefore, attract a higher quality individual, as far as education and experience is concerned.

Commr. Swartz questioned where in the budget the extra funding would come from, to which Mr. Findell stated that it would come from the reserve for merit increases.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to upgrade the position of Permit Specialist to Environmental Specialist I, with a salary range of $21,500-30,100.00, as requested by Mr. Findell.

ACCOUNTS ALLOWED/COUNTY EMPLOYEES/PUBLIC WORKS

PLANNING AND DEVELOPMENT

Mr. Watkins, Clerk and Acting County Administrator, brought to the attention of the Board a recommendation that Mr. Jim Stivender, Acting Director of Public Works, be promoted to Director of Public Works, stating that his qualifications were well above that of any other applicants that were interviewed for the position.

Mr. Watkins also brought to the Board's attention a recommendation that Mr. Jon Swanson (presently employed by the City of Kissimmee) be hired as Director of Planning, with a starting salary of $55,000.00. Mr. Watkins stated that Mr. Swanson is eminently qualified to head the Planning Department.

Discussion occurred regarding the requested salary for the Planning Director, as well as how soon he could come on board. It was noted that he would probably come on board in approximately thirty (30) days.

Commr. Gregg stated concerns that he had about the County meeting deadlines on the Comp Plan, the DRI at the Turnpike, etc. and stated that as soon as a Planning Director is hired, he wouldlike to see him set up some schedules and make some recommendations to the Board regarding same.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the recommendations of the Acting County Administrator, Mr. Watkins, to hire Mr. Jon Swanson as the Director of Planning, and Mr. Jim Stivender as the Director of Public Works.

At this time, Mr. Watkins brought to the attention of the Board (for informational purposes only) the fact that a Principal Planner had been hired in the Planning Department, who brings with him very excellent professional qualifications, with respect to current planning and the planning process.

COUNTY ATTORNEY/CONTRACTS, LEASES & AGREEMENTS/COMMITTEES

Mr. Watkins, Clerk and Acting County Administrator, brought to the attention of the Board the fact that, in discussing with the Chairman the idea of the County's legal representation, he came away with the opinion to consolidate all the County's legal advice into the County Attorney's Office. He stated that he was unaware of a contract between the County and Mr. Sandy Minkoff, a local attorney, with respect to the Mining Ordinance. Mr. Minkoff also represents the County on the Tourist Development Council, although there is not a contract to that effect. He stated that, although the County has the right to terminate the contract (regarding the Mining Ordinance) with Mr. Minkoff, with notice, he feels that this should be done by Board action and not just unilaterally by the County Administrator.

Discussion occurred regarding the matter.

A motion was made by Commr. Windram and seconded by Commr. Bailey to approve the recommendation by the Acting County Administrator, to consolidate the County's legal representation, by terminating the contract with Mr. Minkoff, as indicated above.

At this time, Commr. Swartz commented as to how he felt about the termination of Mr. Minkoff's contract. He stated that he saw no problem with terminating Mr. Minkoff's contract, concerning the Tourist Development Council, however, felt that valuable information would be lost by terminating his contract, regarding the Mining Ordinance.

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

Commr. Swartz voted "No".

ACCOUNTS ALLOWED/COMMUNICATIONS

Mr. Watkins, Clerk and Acting County Administrator, brought to the attention of the Board a report concerning the County's telephone equipment.

Mr. Bob McKee, Chief Deputy Clerk, brought the Board up-to-date regarding what is presently being done about the County's telephone system. He stated that, as the Board had discussed several times in the past, there is an obvious need to upgrade or improve the existing telephone system. He stated that, in view of the fact that the County had recently purchased the E911 switch from GTE, and after considerable evaluation, he would recommend that the County take the NEC 2400 switch, provided by GTE, and enhance it to meet the present communication needs within the Courthouse. He stated that the fiscal impact to the County would be approximately $103,735.00. He recommended transferring said funds from the Contingency Account, of the General Fund (which presently contains approximately $690,000.00), to the Equipment Account.

Discussion occurred regarding the matter, and whether the County would be locked-in to utilizing the services of GTE. It was noted, for the record, that the County is not bound by the competitive bid process, regarding this matter, due to the fact that the County is doing an enhancement of what the County presently has.

At this time, it was noted, by the County Attorney, that the Board should declare an emergency situation.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board declared an emergency situation and approved the recommendation by Mr. McKee, as stated above, concerning the telephone communications system for the Courthouse, with funding to come out of the Contingency Account of the General Fund.

COMMITTEES/RESOLUTIONS/APPOINTMENTS-RESIGNATIONS

Commr. Gregg brought to the attention of the Board the fact that he would like a letter of appreciation to be sent to Mr. Bob Allison, upon his retirement from the Board of Examiners, thanking him for his many years of service on said Board.

At this time, Mr. Watkins, Clerk and Acting County Administrator, stated that when such an item as this is put on the Consent Agenda, it is the Clerk's intent that when the item is approved, that it includes a resolution and all the appropriate acknowledgments that go with it. To carry this a step further, he suggested that the Board elect a member - be it Chairman, Vice-Chairman, or whomever they choose, to present the resolution, or plaque, at whatever Board or Committee meeting that the individual is retiring from, rather than have the individual come before this Board, for the presentation.

COURTS-JUDGES

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved and authorized proper signatures on the Satisfaction of Judgment regarding the State of Florida vs. Linda C. Brown, as requested by the County Attorney.

REPORTS/WATER AUTHORITY

Mr. Watkins, Clerk and Acting County Administrator, brought to the attention of the Board the fact that each member had in their packet the Annual Aquatic Plant Control Activities Report for 1987-88, from the Lake County Water Authority. He stated that Mr. Will Davis, Executive Director of the Lake County Water Authority, had been invited to make a presentation to the Board, however, was unable to do so. He further stated that, if the Board desired a verbal presentation, Mr. Davis would be called on to do so - if not, then it would be assumed that the written document would suffice.

EDUCATION/RESOLUTIONS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on a proclamation declaring the week of February 19-26, 1989, as "COMMUNITY COLLEGE WEEK", as requested by the President of Lake-Sumter Community College.

COMMITTEES/ORDINANCES

Commr. Gregg brought to the attention of the Board the fact that he had been contacted by three members of the Mining Ordinance Committee requesting that the Workshop Meeting, scheduled for February 21, 1989, at 2:00 p.m., for purposes of discussing the Mining Ordinance, be postponed until the last meeting in March, at 2:00 p.m.

It was the consensus of the Board that said meeting be rescheduled for March 21, 1989, at 2:00 p.m., as requested.

COURTHOUSE/COMMUNICATIONS

A brief discussion occurred regarding the PA system for the Board of County Commissioner's Meeting Room. It was noted that a couple of microphones had been placed in front of the Commissioners, on a "trial" basis, for the purpose of trying out a proposed new system. The Commissioners stated their approval of said system, at which time discussion occurred regarding where said microphones would be installed.

Commr. Gregg stated his desire to have one (1) wireless mike for use during presentations, etc.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved to purchase the new PA system, for the Board of County Commissioner's Meeting Room, as discussed above.

RECESS & REASSEMBLY

At 9:57 a.m. the Chairman announced that the Board would take a short recess before the Public Hearing, scheduled for 10:00 a.m.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

At 10:00 a.m. the Chairman announced that the advertised time had arrived for a Public Hearing to discuss approval of an agreement for cablevision to Performance Cable T.V.L.P.

Mrs. Sue Coberly, wife of the contact person of said company, Mr. Lloyd Coberly, appeared before the Board, on behalf of her husband, to discuss the matter and to answer any questions there might be from the Board.

Discussion occurred regarding the matter, at which time Commr. Gregg requested staff to investigate as to what the policies are for other counties, regarding cable television franchises.

Mr. Watkins, Clerk and Acting County Administrator, stated that he would get together with Mr. Jim Stivender, Director of Public Works, and investigate the matter, due to the fact that it deals with rights-of-way and the use of said rights-of-way. He stated that he would have someone review the whole process and report back to the Board as to what the County has done in the past, what they are presently doing, and what they would recommend doing in the future.

Commr. Swartz stated that he would like to see the County advise any future prospects that the Board is currently reviewing the procedures and that there might be some different regulations, fees charged, etc., in the future.

Commr. Bakich questioned whether the Board would want to have a 30, 60 or 90 day postponement, on any future requests, in order to enable staff to investigate and come back to the Board with a recommendation.

It was noted that no one present in the audience wished to discuss the request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized proper signatures on an agreement for cablevision, in Lake County, to Performance Cable T.V.L.P.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved to postpone any decisions regarding future cablevision franchises, in Lake County, for a period of 90 days, or until such time as the requested information from staff, regarding same, is available for the Board's review.

COMMISSIONERS

Commr. Gregg brought to the attention of the Board the fact that a cut-off date will be established (the Monday prior to the following week's meeting date) for items to be added to the Agenda for the Board meetings. He stated that no longer will the Board accept handouts distributed to them at the meetings, to be read while the individual gives his/her presentation. The handouts must be included in the Board's packets, for a given meeting, in order to enable the Board members to review them prior to the meeting. He also stated that there will be a cut-off time for presentations. He noted that he is aware that, from time to time, emergencies will arise and stated that the Board will allow for said emergencies.

ZONING/COMMITTEES/ORDINANCES

Commr. Gregg brought up for discussion the issue of possibly moving Zoning hearings to the last meeting of the month, in the afternoon, stating that he would like for the Board to consider doing this. He stated that he would like for the Board to have the Zoning books a week prior to the Zoning meetings, in order to enable them to drive out to certain sites and investigate before said cases come before the Board for action.

Discussion occurred regarding the possibility of holding the Zoning meetings later in the day, perhaps starting at 4:00 or 5:00 p.m. and going into the evening hours, if necessary.

Mr. Watkins, Clerk and Acting County Administrator, clarified, for the record, that the Board wants to change the Zoning hearings from the second week, to the third week, of the month; however, the Board is to still receive the Zoning books in the same time frame as they presently do, to which Commr. Gregg replied that this was correct. Mr. Watkins then stated that this change would be accomplished as soon as possible.

It was noted, at this time, that the Workshop Meeting, to discuss the Mining Ordinance, would be rescheduled for the Board Meeting of March 14, 1989, at 2:00 p.m., rather than March 21, 1989, at 2:oo p.m., as stated earlier, if the March deadline for advertising can be met.

Mr. Watkins then informed the Board that he would like to have a master set of mylar maps, used in the Zoning meetings, printed up, to where every line on the map would not have to be redrawn each time a case is discussed - but to just do an overlay each time. He stated that he would be meeting with Mr. Don Findell, Acting Director of Planning and Development, and with the Public Works Department, to come up with such a process, thereby saving the County numerous hours of manpower.

COURTHOUSE

Commr. Gregg brought to the attention of the Board the fact that he would like to see the utilization of the screen, located behind the Commissioners, during various meetings that are held in the Meeting Room.

Mr. Watkins, Clerk and Acting County Administrator, stated that he would have Mr. McKee, Chief Deputy Clerk, check into the matter of utilizing the screen, as well as utilizing the entire room, as it was originally meant to be used.

ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT

At this time, Commr. Bakich thanked Mr. Findell, Director of Environmental Services and Acting Director of Planning & Development, for doing an outstanding job, in efficiently handling the tasks of both departments, during the interim of hiring a Planning Director.

Mr. Watkins also thanked Mr. Findell for a job well done.

RECESS & REASSEMBLY

At l0:40 a.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

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

POSTPONEMENTS

#l-89-4 Joseph Piazza 3/14/89

#9-89-2 James Butler 3/14/89

#157-88-2 Frank J. Muscarella 3/14/89

CUP#89/1/2-1 Pratt Barrow 3/14/89

WITHDRAWALS

CUP#89/1/4-2 John & Margaret Blizzard

#224-83-2 Montcler Groves

PUBLIC HEARING CUP#88/12/2-3 CUP IN A JOHN J. TUCKER

Mr. David Clapsaddle, Director of Development Coordination, gave a brief background summarization of the case to the Board, stating that it had been postponed from the Zoning Meeting of January 10, 1989.

Mr. John Weatherford, Attorney, appeared before the Board representing the petitioner and submitted a letter, for the record, from an adjacent property owner (Mr. Leo Green), in support of the petition. He gave an explanation for Mr. Tucker's request.

Mr. Tucker, petitioner, appeared before the Board and answered questions regarding the case.

Ms. Frankie Thorpe, a property owner within site of the property in question, appeared before the Board in opposition to the request. She stated that she had a letter with nine (9) signatures, also in opposition to the request, and informed the Board that Mr. Leo Green (who had submitted the letter of approval, mentioned earlier) was not within sight of the property in question.

Discussion occurred regarding the request, at which time Commr. Swartz stated that he did not have any problem with allowing a vehicle that the petitioner would use in his home repair, if it's a step van. However, if the bus (which was alluded to in the discussion of this case) is a RV, then that falls into another category which is not related to this case.

After Eurther discussion, a motion was made by Commr. Swartz and seconded by Commr. Windram to approve the CUP, as requested, however, to grant 90 days, following adoption of the resolution (which the petitioner is requesting to remove all buses existing on the site), rather than 30 days, which is referred to in Item No. 4 of the CUP.

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

A further motion was made by Commr. Swartz to allow the one (1) additional vehicle (step van which exceeds the two-ton limitation discussed earlier), to be used in the home occupation.

Commr. Bailey seconded the motion, which was carried unanimously.

Further discussion occurred regarding the request, at which time a motion was made by Commr. Swartz, seconded by Commr. Bailey and carried unanimously to approve the request for a CUP in A (Agricultural), as amended, for a home occupation for a minor bus repair shop and temporary storage of owners' vehicles.

PUBLIC HEARING #13-89-5 CP & PFD TO CP WITH C-l

AND C-2 USES MILTON A. McMILLON

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

On a motion by Commr. Bakich, 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 CP (Planned Commercial) and PFD (Public Facilities District) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, to allow a supermarket and shopping center on the site.

PUBLIC HEARING CUP#89/1/3-5 CUP IN A EUGENE E. THOMAS, JR.

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

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for CUP in A (Agricultural), to allow the temporary installation of a second mobile home on the site for housing for health care providers (children).

PUBLIC HEARING #12-89-4 RR TO RP ROBERT & BERNICE F. HUGHES

Mr. Glenn Tyre, representing the petitioners, appeared before the Board to discuss the case and answer any questions there might be from the Board. He submitted pictures of the property in question, showing the density of trees on said property, which was one of the factors of the request, as well as reviewed a drawing indicating exactly what was being requested to be changed. He spoke of a request for the south boundary line of the property to be 10 feet rather than 25 feet.

Mr. David Lamb, a member of the design/construction team for the proposed office complex, to be built on the property in question, appeared before the Board to introduce the concept of the architectural aesthetic intent of said project. He stated that the impact for the building is minimal, and that the building would be a buffer between the residential homes and Hwy. 441. He spoke of 8-10 foot deep ravines on the property and the utilization of said ravines. He also reviewed a topo map of the property with the Board.

Mr. Robert Vason, Attorney, representing 4 to 5 individuals in opposition of the request, appeared before the Board, reiterating what he had said at the Planning and Zoning Meeting, concerning the case. He stated that his clients would prefer a CP rather than an RP type zoning.

Mr. Frank Gaylord, Attorney representing the doctor that wishes to build his office on the property in question, appeared before the Board to discuss his client's feelings about the request. He stated that his client was requesting (1) to be allowed to put an entranceway on the easterly line adjacent to the church's property (referred to in his presentation), and (2) that the Board waive the 12 l/2 ft. set-back requirement, so that it would give, as best as could be given, a common access with the church. He stated that his client would also request that the wording of the amendment, under Land Use: be changed to read that the applicant "maintain" a 25 ft. wide vegetative buffer, rather than "install" a 25 ft. wide vegetative buffer.

Commr. Windram clarified that Mr. Gaylord was requesting that the Board permit his client to run an entrance down the property line (on the east side), as opposed to a set-back, to which Mr. Gaylord replied that this was correct. He stated that this would give the appearance of a common access, even though there would be a strip of land between the two properties.

Mr. Vason reappeared before the Board and requested.clarification of the boundary lines.

Mr. Ronnie Knight, owner of 2 l/2 acres south and west of the property in question, appeared before the Board in opposition of the request. He stated that his main concern is the difference between what is allowed in an RP type zone and what he, as a property owner, is restricted to in an RR zone. He stated that his basic appeal to the Board would be to find a transition that would help the property owners, as well as the petitioner.

At this time, Commr. Bakich informed the Board of some concerns that he had, regarding the property, and stated that he preferred a CP type zoning rather than an RP.

Commr. Windram stated that he preferred a CP type zoning, due to it being far more desirable, under the circumstances. He stated, however, that he had a problem with limiting building heights, over and above what could be built on the property the way it exists, which would be two story, or less. He felt that buffering should be of a natural state, utilizing azaleas or similar type shrubbery. He felt that the overall setback should be 15 ft. from the roadway and 25 ft. from any structures.

Commr. Gregg clarified, for the record, that Commr. Windram was stating that the buffer along the south line and where the line turns north for 220 ft. require the same buffer, and that he was also requiring a 15 ft. buffer and 25 ft. setback to the building line. In other words, the petitioner could pave up to within 15 ft. of the buffer, however, the building could not be less than 25 ft. from it, to which Commr. Windram replied that this was correct.

A motion was then made by Commr. Windram, seconded by Commr. Bailey and carried unanimously, to this affect, thereby approving a request for rezoning from RR (Rural Residential) to CP (Planned Commercial), with the stipulations indicated above, to allow a professional office complex.

PUBLIC HEARING #8-89-4 RP T0 CP W/C-2 USES MARY WAITE &

HERBERT MAYER

Ms. Rosemary Longille, appeared before the Board in opposition, stating that she had a concern about the traffic aspect of the request and stated that she did not understand what was meant about having to share driveways with White's Aluminum.

Mr. David Clapsaddle, Director of Development Coordination, clarified Ms. Longille's question regarding the driveways.

Mr. Rance Pierson, representing the petitioners, appeared before the Board to discuss the request and answer any questions there might be regarding it. He reviewed a map, of the property in question, with the Board.

Discussion occurred regarding what size buffer would be required for the property.

Commr. Bakich reviewed what types of businesses are covered by C-2 uses, and stated that he would like to limit some of said uses by deleting certain ones. He then proceeded to do so, stating that he would not like to see the following type businesses go in said area, in order to protect it: service stations, car sales, paint and body shops, fender shops, automotive centers, commercial kennels, theatres, sports arenas, roller rinks, billiard halls, golf driving range, and mechanical garages.

A motion was made by Commr. Windram, seconded by Commr. Bakich and carried unanimously, to approve a request for rezoning from RP (Multiple-family Residential-Professional) to CP (Planned Commercial) with C-2 uses, minus the deletions which Commr. Bakich alluded to; with setbacks to be precisely like the property adjacent to the property in question (15 ft. setback with 25 ft. to building line); and with buffering conditions to be similar to that of the adjacent property.

PUBLIC HEARING #l0-89-4 R-l-7 TO CP W/C-l USES

WILLIAM F. 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 to rezone from R-l-7 (Urban Residential) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) uses, to allow C-l uses on the site.

PUBLIC HEARING #ll-89-4 c-1-1 TO CP W/C-2 USES T. K. LUNDBERG

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 C-l (Rural or Tourist Commercial) to CP (Planned Commercial) with C-2 (Community Commercial) uses, to allow C-2 uses to include a hardware store on the site.

PUBLIC HEARING CUP#89/1/1-3 CUP IN A DOROTHY W. YEAGER

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

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 a CUP in A (Agricultural), to allow parking and the transport of produce, cow feed and nursery related products grown on the property.

PUBLIC HEARING #3-89-3 A TO RA AND AR ARNOLD STROSHEIN

Mr. Jack Davis, Engineer representing the petitioner, appeared before the Board to discuss the request and answer any questions there might be from the Board. He stated that he wanted to present one issue that was not presented previously. He originally was working with a combination of 2 l/4 usable acres and five acres. He stated that the petitioner is a realtor and had intended to build an $80-90,OOO.OO house on said parcels and sell them as a whole package. He stated that the petitioner would now settle for five acre tracts, for mobile homes.

Ms. Ann Stanberg, property owner adjacent to the property in question, appeared before the Board, in opposition, stating that the property is wetlands. She stated that when it rains, the properties in the area become flooded and that the petitioner would have to bring in a large amount of fill in order to build any houses on his property. She questioned what was going to happen to the surrounding properties (regarding additional flooding that the fill would create), if this was allowed to be done.

Ms. Frankie Thorpe, adjoining property owner, appeared before the Board, in opposition. She stated concerns that she had regarding traffic problems that would be created if a subdivision is allowed to be built in the area.

A motion was made by Commr. Swartz to deny, without prejudice, he request for rezoning from A (Agricultural) to RA (Ranchette) and AR (Agricultural Residential), to create five acre RA lots and 21 acre AR lots, in order to allow the petitioner to again appear before the Planning and Zoning Commission, with a different plan of action, within the 90 day refiling period.

Further discussion occurred regarding the request, at which time Commr. Swartz withdrew his motion.

A motion was then made by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, to approve a request that the case be referred back to Planning and Zoning, in order to work toward resolving the problems which caused the Planning and Zoning Commission to deny the request.

PUBLIC HEARING #5-89-3 A TO RR LOTTIE H. COLLINS

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

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 RR (Rural Residential), to create one acre residential homesites.

PUBLIC HEARING #2-89-4 A TO RE RALPH D. SUGGS

Mr. Ralph Suggs, petitioner, appeared before the Board stating that he intends to build homes on the property in question, if the request is approved.

After considerable discussion regarding the request, Mr. Suggs stated that he would consider going with an RR type zoning, however, Commr. Gregg recommended that the request be sent back to the Planning and Zoning Commission, or that action be postponed for 30 days.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action regarding the request until the next regularly scheduled Board Meeting (March 14, 1989).

At this time, Commr. Gregg informed the Board that upon checking with the Zoning Department he discovered that, in advertising Eor the Planning and Zoning Commission, it states that the Board will hear cases for the month of March on March 14th, therefore, the change in Zoning meetings (to the third week of the month rather than the second week) will have to take effect during the month of April.

PUBLIC HEARING #6-89-3 R-l-7 TO A CHARLES & GIOVANNA DAVIS

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (URBAN Residential) to A (Agricultural), to incorporate said five (5) acre parcel into an existing ten (10) acre parcel, abutting to the west, presently in agricultural use. The subject five (5) acre parcel will be used as pasture for cattle.

PUBLIC HEARING #74-87A-3 AMEND PUD ORD. #32-85

CALFLORE PROPERTIES, INC.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend PUD Ord. #32-85, to delete the 80 recreational vehicle spaces, currently permitted by the PUD, and permit 110 rally sites for recreational vehicles.

PUBLIC HEARING CUP#412A-2 AMEND R-l-7 + CUP#412-2

FAITH SCHOOL OF THEOLOGY

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 to amend R-l-7 + CUP#412-2, to permit an expansion of two (2) residences and three (3) dormitory cabins.

PUBLIC HEARING #14-89-2 AMEND PUD ORD.-#56-87

NOVELTY CRYSTAL CORPORATION

Commr. Gregg declared a conflict of interest, stating that he was contracted with Novelty Crystal Corporation, therefore, would abstain from the discussion and vote.

Mr. Greg Beliveau, representing Novelty Crystal Corporation, was present in the audience, however, did not have any comments regarding the request.

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 PUD Ord. #56-87 and rezone from PUD (Planned Unit Development) to LM (Light Manufacturing), to delete land from the original PUD and allow a manufacturing plant on the site.

Commr. Gregg abstained from the vote, due to a conflict of interest in the case.

PUBLIC HEARING #7-89-l RR TO R-1-15 GERALD & DORCAS ROBERSON

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 RR (Rural Residential) to R-1-15 (Residential Estates), to permit a residence on the site.

PUBLIC HEARING #4-89-4 R-l-7 TO PFD JOSEPHINE KOGUT

Mr. Dan Shore, representing the Elk's Lodge, appeared before the Board stating that they intended to eventually build their lodge on the site.

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 PFD (Public Facilities District), to place a fraternal lodge on the site.

PUBLIC HEARING CUP#88/12/4-3 CUP IN R-l-7

WILLIAM K. STOSBERG/FOXHILL BUILDERS, INC.

Mr. Jim McAllister, City Planner with the City of Clermont, appeared before the Board and read a letter from the Clermont City Manager, Mr. Wayne Saunders, expressing the City's views on said proposed mine. In the letter, Mr. Saunders requested that the Board deny the request before them this date, until such time as the Comprehensive Standard Mining Ordinance is adopted in Lake County, which will give specific guidelines for all mining operations. He continued to state that it was his understanding that a committee has been formulating a Mining Ordinance and would, therefore, encourage the Board to facilitate the implementation of such an ordinance. He further stated that, if the Board approves the request before them this date, for a CUP, that they consider two additional conditions to be placed on the permit, as follows: (1) that an acceleration lane, to D.O.T. standards, be constructed east bound on Hwy. 50, for the use of trucks exiting the existing mine to the north, which will provide Foxhill access to Hwy. 50 and (2) a grade of no greater than 80% be maintained on Hook Street, particularly in the transition from the subject property to the property to the east, not included in this permit.

Mr. Tom Daugherty, Attorney for the petitioner, appeared before the Board objecting to the last restriction which the Planning and Zoning Commission placed on the request. He responded to the City of Clermont's request for an acceleration lane, by stating that none of the trucks will travel on any City roads. He also stated that there would be no additional traffic coming out of the access site to Hwy. 50, other than what is already there. He pointed out that the CUP covers truck traffic (mining trucks) for only a period of one (1) year. At that time, the CUP must be renewed. Regarding the request that no material be removed below the grade of 140 feet, he stated that this, basically, hampers the original intent of the applicant, to build a subdivision in the area.

After considerable discussion regarding the request, at which time Commr. Swartz questioned certain aspects of the Mining Ordinance, and Mr. Don Findell, Director of Environmental Services, commented on a hydrological report for said area, Commr. Swartz made a motion to postpone action regarding the request until Lake County has a Mining Ordinance on the books. The motion died for lack of a second.

Further discussion occurred regarding the request, at which time Mr. McAllister questioned whether the Mining Ordinance would have setback requirements.

Commr. Windram made a motion, which was seconded by Commr. Bakich that the Board add Item Nos. 14 and 15, as additional conditions to the CUP, as suggested by Mr. Findell, regarding a request for a CUP in R-l-7 (Urban Residential), to allow grading of property to an elevation in preparation for putting in streets to service 52 homesites.

Discussion continued regarding the request by the City of Clermont, for an acceleration lane on Hwy. 50, at which time Commr. Swartz made a motion, to amend Commr. Windram's original motion, that the Board include the requirement for an east bound acceleration lane on Hwy. 50, within the requirements of the CUP.

The amendment to the motion died for lack of a second.

The Chairman then called for a vote on Commr. Windram's original motion, which was carried.

Commr. Swartz voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:50 p.m.

C. W. "CHICK" GREGG, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

sec/2-23-89