A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 18, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, April 18, 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 Manager; Ava Kronz, Assistant to the County Manager: 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. Bakich.

MINUTES

Commr. Swartz stated that on Page 14 of the Board Minutes of April 4, 1989, the sentence should read that he suggested the legislative delegation be advised, rather than suggested the legislation be advised.

There were no further corrections.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 4, 1989, as corrected.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant No. 93230 through Warrant No. 93701 for the following accounts:



County Transportation Trust Landfills

General Revenue

Aquatic Weed

Private Industry Council Countywide Fire District

Bassville Fire District Countywide Library

Capital Outlay Pasco Fire District

Fine & Forfeiture Mt. Plymouth Fire District

Mosquito Control Northwest Fire District

South Lake Fire District Resort & Development Fund Tax

Road Impact Paisley Fire District

Emergency 911 Fund Special Assessments

Section 8 Eustis Section 8

Law Library Northeast Hospital

Northeast Ambulance Northwest Ambulance

Reports/Public Health

Acknowledged receipt of the draft of the 1989-91 District III, Alcohol, Drug Abuse & Mental Health Plan.

SHERIFF'S BUSINESS

SHERIFF'S DEPARTMENT/E911

Mr. Lonnie Strickland, Executive Director of Health and General Services, appeared before the Board to discuss a request by Sheriff Knupp, that the Board approve funding for the E911 dispatchers.

Mr. Strickland commented on a memo, which he had sent to the Sheriff and copied to the Board, regarding said request, in which he made several recommendations, being: (1) that three (3) additional personnel, per shift, be allowed, but to hire them as temporary personnel, until statistical data documenting a true need can be generated; (2) that salaries be approved, with limitations; and (3) that an audit, from a C.P.A. on staff or an outside consultant, be done on cash drawn since the beginning of the fiscal year. By determining the actual fiscal resources in the department, there would be a basis for an established amount.

Commr. Bakich questioned the time frame in which the E911 system would be completed.

Mr. Strickland stated that staff is aiming for a July 1, 1989, completion date. He stated that discussion had occurred regarding the testing of the system (sometime in June), which will be a massive testing, at which time there will be more results as to how the whole system is going to function, after that period of time.

Commr. Bakich stated that, in talking to other sources, he was under the impression that Waterman Medical Center could do the E911 operations for as much as half of what is being proposed at this time, and questioned Mr. Strickland regarding the matter.

Mr. Strickland stated that it was possible for Waterman Medical Center to do the operations of the system, at half the proposed cost, however, Lake County has a unique system that is not present in any other County, and, therefore, is hard to determine what the load is going to be when the system comes on line.

Commr. Bakich stated that he felt both parties, being the Sheriff's Department and Waterman Medical Center, were capable of doing it efficiently, however, if one entity could do it for up to half of what the other entity could do it, then the Board needs to question this fact, and if it is true, then the Board owes it to the taxpayers to head in that direction.

Commr. Bailey stated that the County needs to educate the public regarding the difference between Addressing and E911, being that they are two different entities. It is very confusing to the general public.

Mr. James C. Watkins, Clerk and Acting County Manager, informed the Board that he had asked all the people that are involved in that project to prepare an executive summary, to be presented to the County Manager, in order for staff to have an understanding of how the Addressing system evolved, where it presently is, and what the strengths and weaknesses of it are.

Commr. Swartz stated that there is a lot of confusion regarding E911 and Addressing, and questioned how the system is going to work, with regard to some peculiarities (which he informed the Board of), particularly in the Montverde area. He stated that due to said problems, he asked Mr. Strickland to set up meetings in his district, with the individual communities, in order to: (1) enable him to answer any questions that said communities might have regarding the system, and (2) receive input regarding some of those questions which the County needs to research and solve.

Mr. Watkins reminded the Board that the County inherited the system, and stated that E911 is not driven by the addressing. He stated that the County can enact E911 using old addresses, however, chose not to do it that way. He stated that it is important to Lake County to get the E911 system up and running, as soon as possible, and, regarding Addressing, the County needs to diagnose what the problem is, and correct what needs to be corrected.

Further discussion occurred regarding E911 and Addressing, however, the discussion was interrupted by Commr. Gregg, Chairman, at 9:15 a.m., due to an advertised public hearing, regarding Osprey Heights Subdivision, scheduled to be heard at this time.

It was noted that the discussion, regarding E911 and Addressing, would continue after the public hearing.

PLANNING & DEVELOPMENT/SUBDIVISIONS

Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and gave a brief update of what has occurred, up to this point, regarding the Osprey Heights Phase I development. He stated that said development had been removed from the agenda, at the last Commission meeting, in order to allow the Development Review Committee to review the request of the applicant and make a recommendation to the Board. Said Committee reviewed the request on April 13, 1989, at which time the members of said Committee made a recommendation for approval of the Osprey Heights Subdivision - Phase I, and, in particular, approval of the location of the sewage treatment plant/perculation pond, and the groundwater well.

Mr. W. G. Elliott, an adjacent property owner, who owns 30 acres immediately south of said property, appeared before the Board and stated that, at the time he purchased the property, he had intentions of spending the rest of his life there. He stated that, if the development is approved, he will have a view of the sewage treatment plant from six rooms in his home, and feels that no one would like to have such a view. He stated that he is very much against said development, as he feels that it will depreciate the value of his property, and that it will benefit no one but the developer.

Mr. Mike Boswell, Project Manager and part owner of Osprey Heights development, appeared before the Board reiterating what Mr. Swanson had said, in that the project, as well as the sewage treatment plant (which was located at its proposed site due to the soil in that area) within the development, had been reviewed and approved by the Development Review Committee. Therefore, he was requesting that the Board now approve the request.

Commr. Windram questioned Mr. Boswell regarding the fact that he had agreed to increase the 10 ft. buffer to 25 ft., as well as questioned the amount of setback for the sewage treatment plant, from the property line, to which Mr. Boswell responded that he had, in fact, agreed to increase the buffer to 25 ft., and that the setback is a minimum of 100 ft. from the property line, which is required by code.

Mr. Boswell stated that the sewage treatment plant is going to be 50% buried, therefore, the top of the plant will not exceed the top of the vegetative buffer. He also stated that if Mr. Elliott (adjacent property owner who appeared before the Board earlier) were to subdivide his property in the future, he would be required to provide central sewer and water for it, therefore, felt that Mr. Elliott's property would actually be enhanced by Osprey Heights being required to install central water and sewer on their property.

At this time, the Chairman called for a motion on the request, stating that the request had been postponed twice, thus far, and felt that it was time to take action regarding it.

Commr. Swartz made a motion to deny the request, which was seconded by Commr. Bailey, due to the fact that, in his opinion, this was an example of a governmental review process that had run amuck, and that it was the Board's responsibility to decide whether or not this request shows the best judgment as to said type of facility, particularly being that it is the placement of a wastewater plant.

Commr. Windram stated a concern that he had in that the applicant had received approval of the development and had met all regulations and now the Board was saying that he could not go through with it.

Commr. Swartz stated that a decision was made that said this development, if approved, would not be a substantial change, however, it would be.

A brief discussion occurred regarding this issue, at which time Commr. Gregg stated that it would be asking too much to have the applicant go back and move the wastewater plant. He also stated that he felt the change would not be too substantial.

At this time, the Chairman called for a vote on the motion. Commrs. Windram, Gregg and Bakich voted "No", therefore, the motion failed.

Commr . Windram then made a motion, which was seconded by Commr. Bakich, to approve the request, with a stipulation that it include a 25 ft. buffer, with a maximum setback over and above 100 ft., and have the system work as it is designed to do.

Commr. Swartz amended the motion, adding a stipulation that if, at such time, any problems develop with the well on the property adjacent to the wastewater plant, that the applicant be required to provide the adjacent property owner with a connection to his water system, and that the vegetative buffer be installed so that within one year it would be at least the height of the wastewater plant.

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

Commrs. Swartz and Bailey voted "No".

COUNTY ADMINISTRATOR'S AGENDA

PUBLIC HEARINGS - ROAD CLOSINGS

Petition No. 536A - Route 345 Realty Corp. - Lady Lake Area

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

It was noted that the proper proof of publication was on hand as it appeared in the April 4, 1989, and April 11, 1989, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate road right-of-ways located in Sections 13 and 24, Township 18 south, Range 24 east, Lady Lake area, as advertised in Petition No. 536A, for Route 345 Realty Corporation.

Petition No. 540 - Robert C. Foget - Silver Lake/Haines Creek

Area

An adjacent property owner, Mrs. Thacker (seated in the audience), came forward and viewed a map indicating which portion of Julius Road would be vacated.

It was noted that the proper proof of publication was on hand as it appeared in the March 29, 1989, and April 5, 1989, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate a portion of Julius Road, Silver Lake Estates, Silver Lake/Haines Creek area, as advertised in Petition No. 540, for Robert C. Foget.

SHERIFF'S BUSINESS (CONT'D.)

SHERIFF'S DEPARTMENT/E911 (CONT'D.)

Discussion continued regarding a request from Sheriff Knupp, for funding, for E911 dispatchers.

Mr. Watkins requested that, rather than take action regarding the Sheriff's request this date, the Board schedule a time certain when the Sheriff can be present, and that the Board invite appropriate personnel from Waterman Medical Center to discuss the issue, as well as, have staff come back to the Board with an executive summary on the Addressing issue.

The Chairman questioned Mr. Strickland, regarding the Addressing aspect, as to how much of the County has already been readdressed, to which Mr. Strickland responded that all except for those mobile home parks which were exempted (which are presently in the process).

A brief discussion occurred regarding some problems which have evolved from the readdressing, at which time the Chairman stated that the County needs to be consistent, that there not be a different set of rules for each community or district.

The Chairman requested Captain Gnann (with the Sheriff's Department), present in the audience, to inform Sheriff Knupp as to what transpired this date, regarding setting up another time (when the Sheriff can be present) to discuss his request for funding for E911 dispatchers. He also requested Mr. Bill Compton, Director of Emergency Medical Services, to be prepared, on behalf of Waterman Medical Center, at said time, to discuss the issue.

Commr. Swartz suggested that said meeting be a workshop type meeting.

It was noted that said meeting would be set at a later date.

SHERIFF'S DEPARTMENT/JAILS

Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to brief the Board on his findings regarding an asbestos threat inside the Lake County Jail. He distributed, and reviewed, a memo regarding air sampling tests performed by ATEC Environmental Consultants, on April 6 and 7, 1989, in which it stated that: (1) air sampling test results did not trigger any immediate mandatory responses; (2) air sampling results did not reach the OSHA action level requiring mandatory evacuation, thereby people could remain; and (3) bulk samples would be taken (Saturday, April 8, 1989) based on visual observations. Mr. Anderson stated that the air samples (22) were taken Mr. Michael Friedman, of ATEC.

At this time, Mr. Anderson turned the floor over to Mr. Greg Godec, ATEC Manager, Industrial Hygiene Division.

Mr. Godec informed the Board of his findings, regarding the samples taken. He stated that no asbestos was found in the air on the first, second, third or fourth floors of the Jail, however, noted that a final report would be available no later than Thursday, April 20, 1989.

After a discussion regarding the report, Mr. Watkins commented on future problems which could cause asbestos in the air, and stated that the County now needs to look at the building and find ways of sealing, or protecting it, to prevent future problems.

The Chairman commended staff on having done an excellent job in acting so fast regarding this situation.

Mr. Gary Borders, Jail Director, appeared before the Board to discuss the issue of asbestos, stating that the Jail was tested May 23, 1988. He stated that one of his employees, a lieutenant, personally accompanied the company doing the testing around all four floors of the Jail, while they did the testing. He stated that asbestos is not in the housing unit, however, is in the access area to the housing unit, and asked that the problem not be ignored.

Other problems which Mr. Borders brought to the attention of the Board was the fact that he has ceilings falling down in the office area; the roof leaks; their water bill went up $300.00 last month, due to water leaks; and the maintenance men cannot work on the ceilings (regarding wiring problems), due to their poor condition. He stated that it is definitely apparent that the Jail has been ignored.

Commr. Swartz stated that the Board needs to follow through with their commitments to the Jail.

The Chairman stated that the County needs to immediately take action towards getting the roof fixed or replaced, whether the County retains an architect or whether Mr. Anderson writes a spec, in order to enable the County to take bids on doing the project.

Mr. Watkins stated that this was the first time that he had been made aware that there was a leak in the roof of the Jail, and informed those present that a maintenance man had been hired and placed on the Sheriff's payroll to take care of such problems.

Mr. Anderson stated that he had visited several of the buildings built around the same time as the Jail, and that the Jail was, by far, in the worse shape of all said buildings. He stated that he was bringing in an independent roofing consultant to evaluate the condition of the roof and make recommendations for its repair.

Mr. Borders informed the Board that Seminole County offered to house the inmates, for a charge of $12.00 per day, if the need arose for the inmates to be moved. He also submitted to the Board, for the record, HRS's results on the bulk sampling, of which the percentage appears to be a little higher than what was taken from ATEC.

No further action was taken at this time.

FINANCE/REPORTS

Mrs. Sarah LaMarche, Assistant Finance Director, appeared before the Board to present an update on the present status of the County's budget. She introduced Mr. Jim Schuster, the new Finance Director, and then proceeded with a review (page by page) of the report (which had been distributed to the Board prior to the meeting).

Considerable discussion occurred regarding the report, at which time several questions were asked and answered - one being a question regarding Revenue Sharing. Mr. Watkins stated that staff will take a look at Revenue Sharing and come back with an answer at a later date.

Mrs. LaMarche stated that she would also prepare a report (near the end of the year), for the Board's perusal, indicating where every penny of any given fund, which the Board might be interested in at that time, was expended.

Commr. Swartz questioned whether the Board would review Revenue and Expenditures, periodically, to see if they are in line with what the Board wants, to which Mr. Watkins replied that they would.

Upon concluding the report, Mrs. LaMarche was thanked by the Board for presenting an excellent report.

COUNTY ADMINISTRATOR'S CONSENT AGENDA

ACCOUNTS ALLOWED/BIDS/CLAY PITS/COUNTY PROPERTY

Discussion occurred regarding a request to award a bid, regarding the sale of ten plus or minus (l0+/-) acres (clay pit), on Sugarloaf Mountain Road, to Bret Cipes, in the amount of $12,610.00.

Commr. Swartz stated that he felt said property is valuable property to the County and would not recommend selling it, at this time, due to the fact that it is located in a desirable area of the County. He recommended that the Board postpone action regarding the request for 30 days.

Mr. Bret Cipes, applicant, appeared before the Board to discuss the request, stating that he was under the impression that the County wanted to sell said property, therefore, bid on it. He stated that he had obtained several quotes (approximately $6,500.00 per acre) to grade the property, when the asking price of property in that area was approximately $4,800-5,OOO.OO per acre, with road frontage. He stated that he had no intentions of using it as a clay pit.

No action was taken at this time.

COUNTY ADMINISTRATOR'S CONSENT AGENDA (CONT'D.)

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

Public Health/Reports

Acknowledged receipt of the Medical Examiners Commission 1987 Annual Report.



Audits/Libraries/Reports

Acknowledged receipt and acceptance of the auditor's report on the Countywide Library Trust Fund, for the year ended September 30, 1988.



Right-of-ways, Roads & Easements/Planning & Development

Request to accept an easement, for a frontage road, from Lake Chrysler Plymouth Dodge, Inc.



Planning & Development/Subdivisions

Request for preliminary approval of Jeremy Estates.

Request for preliminary approval of Wedgewood Club, Phase II.

Request for preliminary approval of Palisades Country Club, Phase IA.

Request for preliminary approval of Palisades Country Club, Phase IR.

Request for preliminary approval of Indian Lakes, Phase I.

Accounts Allowed/Road Projects

Request for final payment to C. A. Meyer, in the amount of $201,379.36, for Project No. l-89, Countywide Resurfacing Program.



Request for payment No. 3 to Trac Roadbuilders, Inc., in the amount of $80,056.87, for Project No. 6-88, C-473, Widening and Resurfacing.



Deeds/Right-of-ways/Roads & Easements

Commr. Bailey brought to the attention of the Board the fact that he owned property on Redwing Road, and questioned whether this would be a conflict of interest, to which the County Attorney stated that it would not, therefore, he could participate in the discussion and vote.



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

Seldon P./Mary Frances Rigdon #5-7264 Mills Street

Harry D. Harper/Nancy D. Harper #3-2035 Apshawa Road

Thomas J./Cynthia D. Zifka #3-2035 Apshawa Road

Reynolds C. Holiman #3-2035 Apshawa Road

John Earl Griner #2-1124 Redwing Road

Harris W. Hudson #2-3110 Haywood Worm Farm Road

City of Howey-in-the-Hills #3-2739 N. Buckhill Road

Right-of-ways, Roads & Easements

Request to accept drainage easement for Henry F. Hass, Buttercup Lane.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 542 - Judy F. Reisz - Umatilla Area

No one present wished to discuss this request with the Board. Request to advertise Petition No. 542, by Judy F. Reisz, to vacate a plat of Minneola Heights Subdivision, Umatilla area.



Petition No. 543 - Charles and Shannon Schell - Fruitland Park

Area



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

Request to deny advertisement of Petition No. 543, by Charles and Shannon Schell, to vacate a road in Section 34, Township 18, Range 24, Fruitland Park area.



Petition No. 544 - Charles and Beverly Smith - Leesburg Area

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

Request to advertise Petition No. 544, by Charles and Beverly Smith, to vacate Tangerine Drive, Cisky Park, Leesburg area.

ACCOUNTS ALLOWED/BIDS/CLAY PITS/COUNTY PROPERTY (CONT'D.)

Further discussion occurred regarding a request to award a bid, regarding the sale of ten plus or minus (l0+/-) acres, on Sugarloaf Mountain Road, to Bret Cipes, in the amount of $12,610.00.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action regarding the above request until the Board Meeting of May 16, 1989.

COUNTY ADMINISTRATOR'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the County Public Health Unit, for approval of Change Order No. 3, to the contract with Mark Cook Builders, adding $724.00, for the Umatilla Branch of the Lake County Public Health Department.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a lease agreement, between property owner Mrs. A. R. St. Jean and the Lake County Board of County Commissioners, in the amount of $1,200.00 annually, for property the Lake County Fire Station, No. 32 (Wekiva River Acres), presently occupies, and authorized proper signatures on same.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Ms. Alta C. Trask as the "at large" member of the Lake County Library Board, and Mr. Robert Brinson as the Mt. Dora representative of said Board, as recommended by Commr. Windram.

COUNTY EMPLOYEES/PERSONNEL

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved a request for mid-year employee merit pay for its staff.

ACCOUNTS ALLOWED/SUBDIVISIONS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved a request for the placement of a temporary sales trailer in Riverside Subdivision, and accepted a certified check, in the amount of $l,OOO.OO, insuring removal of it after a period of 120 days.

COMMISSIONERS' BUSINESS

COUNTY POLICY

Commr. Bakich brought up for discussion the issue of Commissioners setting policy and letting department heads enforce it. He stated that when the Commissioners were elected, it was his understanding that the Board was going to set policy and let staff govern by it. It has been brought to his attention that the Board is still somewhat involved in day-to-day operations of running County Government. He stated that the thing that concerns him is that the County has a County Manager who is responsible for the actions of his staff and feels that if the Board is critical of the actions of certain staff members, then they have the perogative to go to the County Manager, and let him work the problem through the process. He questioned if the Board was going to set policy or if they were going to run the day-to-day operations of County Government - if they are, then they need to address it accordingly.

A brief discussion occurred regarding this issue, at which time it was the consensus of the Board that the County would set policy and let the County Manager run the day-to-day operations of the County, as originally agreed upon.

COMMITTEES/OUTDOOR RECREATION

Commr. Bakich brought to the attention of the Board the fact that he has had several of the cities in his district request funding, for recreational purposes. He stated that he is not sure what the Recreation Committee has done, or is presently doing, in terms of their budget, however, would like to request funding, in the amount of $29,000.00, to take care of some much needed projects in his district, to be distributed as follows: $lO,OOO.OO to Astor; $9,800.00 to Umatilla; and $9,200.00 to Eustis.

Commr. Bakich stated that the only reason he brought the issue up for discussion, is due to the fact that the County is, basically, halfway through the budget year, and a number of the residents in his district have brought to his attention the fact that, due to their living outside the municipalities, they will not be able to have their children involved in recreational programs unless they receive the necessary funding. He then made a motion that his request be approved.

A brief discussion occurred regarding this issue, at which time Commr. Swartz brought the Board up-to-date regarding the Recreation Committee.

Ms. Alicia Barrett, a resident of Astor, appeared before the Board and addressed the issue of child care, mainly after school care, in her community, and the need for funding regarding same.

Further discussion occurred regarding the issue, at which time Commr. Gregg stated that he had no problem with Commr. Bakich's request, if it was a one-shot deal.

Commr. Bailey stated that he felt the Board needed to proceed carefully and be fair to each district, and would like to see the Board come up with a plan whereby all resources, regarding the Recreation Committee, could be pooled together.

Commr. Bakich stated that he feels he has an urgent and justifiable need, or he would not ask for the funding.

Mr. Watkins, Clerk and Acting County Manager, and the County Attorney, Chris Ford, were questioned as to whether there were any restrictions on said monies, to which Mr. Watkins responded that the County would have to watch how it is handled. The general rule of thumb is that one cannot take tax monies from one entity to benefit another taxing district, however, since it would be a joint project between the County and the Cities, the County could enter into an interlocal agreement with the Cities to accomplish said goals.

Mr. Ford stated that, as long as the County is within the Federal Revenue Sharing guidelines, there is no problem. He stated that, since the County put the funds in the Federal Revenue Sharing budget, there are a number of areas that the County can legally use said funds for.

Commr. Swartz stated that, aside from the ability of the Recreation Committee to come back with any long-range recreation program, he would meet with Mr. Watkins; Mr. Ford; and Mr. McKee, Chief Deputy Clerk, to try and make some determination as to whether there are any limitations on the Revenue Sharing monies, and come back to the Board, with a recommendation, at a later date. However, in the interim, would suggest that some of the needs alluded to this date, be met.

Commr. Bakich then amended his motion, based on Commr. Windram's input regarding Federal Revenue Sharing requirements, contingent on meeting all the contractual obligations, etc., to which Commr. Windram seconded.

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

At this time, Commr. Windram requested funding, in the amount of $30,000.00, subject to said funding being Federal funds, to be used for improving parks in the Sorrento/Mt. Plymouth area.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for funding, in the amount of $30,000.00, as requested by Commr. Windram, for the purpose of improving Sorrento Park, in the Sorrento/Mt. Plymouth area.

COUNTY EMPLOYEES/INSURANCE

Mr. Neil Kelly, Director of Administrative Services, appeared before the Board to discuss the County's insurance program. He stated that the County's present group health carrier, American General, had recently offered the County a significant rate increase. He stated that Mr. Jerry Jacobs, the County's Risk Manager, had reviewed the County's coverage, in detail, and being that he had been quite involved with the consultants, turned the floor over to him to answer any questions that the Board might have.

Mr. Jacobs stated that he had sent to the Commissioners a packet regarding the group insurance program and the research that had gone into it, therefore, would not go into great detail, regarding it, at this time. He stated the basic problem is that, effective April 1, 1989, the County had an increase of approximately 48% in the cost of its group insurance. He then informed the Board of several recommendations which were approved by the Insurance Committee, intended to do something to control the cost of said insurance, without imposing a serious financial burden on the County employees, as follows: (1) to initiate utilization review proceeduring, in connection with the group insurance program (something that is widely accepted by most employers of the size of Lake County, both public and private); (2) that the County go to a minimum premium funding program; and (3) that the budget be amended to take up the increased cost, for the employees' benefit, rather than attempting to pass it on to the employees at this time.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the three (3) recommendations of the Insurance Committee, alluded to by Mr. Jacobs.

PROPERTY APPRAISER/COMMITTEES

Commr. Gregg, Chairman, brought to the attention of the Board the fact that he had been made aware of a problem concerning the Property Appraiser's Office and a case involving an exemption for a church camp. He stated that the camp's exempt status had lapsed for several years, due to the camp not being in operation, however, the camp is in operation once again and would like to reclaim their exempt status.

Commr. Gregg stated that Mr. Havill, Property Appraiser, had requested that a Special Meeting of the Property Appraisal Adjustment Board be called to hear the case. The Property Appraisal Adjustment Board is comprised of three (3) members of the Board of County Commissioners, as well as two (2) members of the Lake County School Board. He stated that the Chairman of the Board of County Commissioners automatically chairs the PAAB, therefore, recommended that Commrs. Bakich and Bailey be appointed to sit on said Board, as well as himself, and directed staff to notify the Lake County School Board and request that they appoint two members of their Board to sit on this special Board.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the appointment of Commrs. Gregg, Bakich and Bailey to sit on a Special Property Appraisal Adjustment Board that will be called to hear the above mentioned case.

It was noted that the meeting date would be set at a later date.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH

MENTAL HEALTH

Commr. Gregg brought to the attention of the Board the fact that he would like to make two (2) appointments to the Indigent Health Care Ad Hoc Committee. He stated that he had been contacted by several doctors who Eelt that a doctor should be appointed to said Board, and felt that they had a valid request. The reason he had not recommended that a doctor be appointed earlier, was due to the fact that it was felt a doctor would have to be appointed from each district, however, he now feels that this can be avoided, and that the Board should appoint a doctor that has handled a lot of indigent patients. He stated he has requested that those names of doctors wishing to be appointed to said Board be presented to Mr. Lonnie Strickland, Executive Director of Health and General Services.

Commr. Gregg also brought to the attention of the Board the fact that he had been contacted by Lake Sumter Mental Health, requesting that they have a representative on said Board. He requested that Mr. Bert Lacey be appointed as that representative.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Bert Lacey, Lake Sumter Mental Health, to the Indigent Health Care Ad Hoc Committee.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Commr. Gregg brought up for discussion the issue of a lease with the City of Lady Lake, regarding a clay pit, stating that, apparently, there is a problem with said lease, concerning the reverter clause and would like to get the Board's opinion regarding it. He stated that he did not think it was ever the intent of the Board to require a reverter clause, due to tne fact that the City of Lady Lake is the one that wants to expend funds, for recreation and regrading, and most Federal grants will not allow a reverter clause, if that is done, which is the City's main objective to it. He questioned whether the Board had a problem with the County not having a reverter clause in the lease, to which the consensus was that they did not. The County Attorney, Chris Ford, stated that the County could just have a long-term lease drawn up regarding same.

MUNICIPALITIES/ORDINANCES/LANDFILLS/RESOLUTIONS

Commr. Gregg brought up for discussion the issue of the Cities recycling, stating that he would like to see the Board express, either in the form of a motion or resolution, that it is not the Board's intention to limit the Cities in the amount of recycling they can do. He stated that this is a concern they continue to have.

Discussion occurred regarding this issue, at which time Commr. Swartz stated that some of the confusion comes from the fact that some of the original interlocal agreements, which were presented to the Cities, indicated that recycling would not be allowed. He also feels that the Flow Control Ordinance that the County presently has needs to be modified to indicate, in the ordinance, that the Cities have the right to recycle, and that its the items that cannot be recycled that the County wants for the incinerator. He stated that he would be pleased to make a motion to indicate that this Board will not only prohibit, but encourage, municipalities to recycle; that the Board will try to encourage a recycling program in the unincorporated areas; that the Board notify the Cities of the resolution of the Board, and, furthermore, that the Board modify the Flow Control Ordinance, as necessary, so that, by law, the County is not implying to the Cities that they cannot recycle, or would be penalized in some way, if they did.

Commr. Windram stated that he felt the County should offer to work with the Cities concerning recycling.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request that the County Attorney draw up a resolution indicating to the Cities that recycling is encouraged and that the County will participate in trying to develop a program within the Cities for doing so and, also, that the County Attorney review the Flow Control Ordinance for any needed modifications, and come back to the Board, with recommendations, if any, at a later date.

Mr. Watkins, Clerk and Acting County Manager, stated that he has decided that the Solid Waste Department should fall under Environmental Services and, in making changes to implement that, would request that the County Attorney work with the Environmental Services Division, so that they too have input into said changes, due to the fact that they will be the ones that will have to implement whatever ordinance the County approves.

RECESS AND REASSEMBLY

At 12:05 p.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 by Applicants

CUP#87/2/4A-4 Maury L. Carter 5/16/89

LPA#88-1-3 Greater Construction 5/16/89

#157-88-2 Frank J. Muscarella 5/16/89

#36-89-4 Excelsior Prop./F. Richards 5/16/89



Withdrawals

#44-89-l Glenn D. Parker

CUP#89/3/6-4 Mark Carson

#226-88-3 Sleepy Hollow Dude Ranch

#45-89-3 Viola Guthrie



Postponements by P & Z

#238-86A-2 A. E. Langley 5/16/89

#48-89-4 Vaneb Corporation/Eisnor 5/16/89



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

Mr. Dave Clapsaddle, Director of Development Coordination, informed the Board that the original request for this case was for rezoning from A (Agricultural) to RE (Rural Estates). This petition was postponed by the Board at the March 14, 1989, Board Meeting, as their was some concern that the request was for RE. The applicant wanted one acre lots, and there was some discussion regarding changing the request to RR (Rural Residential), however, the applicant stated that he did not want to go to RR, due to a requirement for 150 feet of road frontage for each lot. The motion was then changed to have the applicant apply for a PUD (Planned Unit Development), and bring the request back before the Board as such, whereby he could have one acre lots, yet none of them would be required to have 150 Eeet of road frontage. The applicant has submitted his application for a PUD, however, the DRC (Development Review Committee) could not be scheduled until April 21, 1989, under the County's codes. Therefore, being that the DRC meeting will not be until April 21st, staff does not have a PUD recommendation for the Board this date.

Mr. Ralph Suggs, applicant, appeared before the Board to discuss the case, stating that his problem was that he had a deadline concerning financing, which would come due before the Board's next Rezoning Meeting, and requested that the Board hear it at their next regularly scheduled meeting, on May 2, 1989.

After some discussion regarding this case, Commr. Swartz made a motion to postpone said case until the Board Meeting of May 2, 1989, at 11:OO a.m., which was seconded by Commr. Bailey and carried unanimously.

PUBLIC HEARING #9-89-2 REVOCATION OF A + CUP#558A-2 AND

REZONE FROM A TO LM OR MP JAMES BUTLER

Mr. Dave Clapsaddle, Director of Development Coordination, informed the Board that P & 2 orginally recommended denial of this case, at their January 25, 1989, meeting and stated that there were no letters submitted for the petition and that staff received one letter against it.

Mrs. Martha Butler, wife of the applicant, appeared before the Board to discuss the request, and answer any questions there might be from the Board.

Discussion occurred regarding the case, at which time Commr. Bailey made a motion to uphold the recommendation of the Planning and Zoning Commission and deny the request for revocation of A + CUP#558A-2 and rezone from A (Agricultural) to LM (Light Manufacturing) or MP (Planned Industrial), which was seconded by Commr. Swartz and carried unanimously.

PUBLIC HEARING CUP#89/1/2-1 CUP IN A PRATT BARROW

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 a CUP in A (Agricultural), to permit a second mobile home on the site to care for an ill parent.

PUBLIC HEARING CUP#88/6/7-4 CLASSIFICATION OF USES FOR CUP IN

RR MICHAEL SOUTHERLAND

Ms. Jane Sutherland, who lives in a mobile home on the property in question, appeared before the Board to discuss the request and answer any questions there might be from the Board. She stated that she cares for her ill mother, and requested the Board to allow her a one year's extension to enable her to find another site to locate the mobile home.

Discussion occurred regarding the request, at which time Commr. Windram made a motion to overturn the recommendation of the Planning and Zoning Commission and deny the request for a classification of uses for CUP in RR (Rural Residential), to use an existing mobile home as temporary living quarters, however, in view of the illness involved, would recommend that Ms. Sutherland be allowed six months to relocate, which was seconded by Commr. Swartz and carried unanimously.

PUBLIC HEARING #39-89-5 A TO CP THOMAS H. WISE, SR.

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

Commr. Bakich, however, questioned whether there would be any lighting on the driving range, to which Mr. Dave Clapsaddle, Director of Development Coordination, replied that if there was going to be lighting, there is a provision in the ordinance stating that all lighting has to be directed onto the parcel, so that it does not pose a nuisance to abutting property owners.

Commr. Bakich then questioned whether staff felt there were sufficient setbacks, particularly, on the north and west sides, as he had some concerns, in looking at the rezoning map, regarding the surrounding property owners. He stated that he felt 10 feet was not sufficient, that there needed to be more of a setback.

Mr. Clapsaddle stated that the setbacks only referred to structures and not to the range itself.

After some discussion regarding the request, Commr. Bakich made a motion to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial), to allow a driving range, putting course, and snack bar, however, to amend the motion that on the north and west sides of the property, a mesh fence be installed to protect adjacent residences and vehicles, which was seconded by Commr. Swartz and carried unanimously.

PUBLIC HEARING #38-89-4 A TO PFD WILLIAM A. CARTER

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

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to allow a church.

PUBLIC HEARING #72-83A-4 AMEND CP ORD. #24-83 BETTY A. PYLE

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 #24-83, to allow an addition for game rooms, a sub shop, and meat market.

PUBLIC HEARING #40-89-4 A TO PFD G. DONALD & GEORGIA WATSON

Mr. and Mrs. Don Watson, applicants, appeared before the Board to discuss the request and answer any questions there might be from the Board.

The Chairman, Commr. Gregg, stated, for the record, that the Board had received a letter from a Mr. Richard Moore, in opposition to the request.

Discussion occurred regarding a stipulation, by staff, that the applicant pave Ramblewood Lane to County standards, set out in Lake County Subdivision Regulations, if the request is approved.

Commr. Windram commented on some concerns that he had regarding problems which the road might cause in the future, should it be paved.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to PFD (Public Facilities District), to permit the establishment of a day care facility.

PUBLIC HEARING #41-89-4 A TO PFD THEODORE M. HARRIS

Mrs. Cecelia Bonifay, Attorney, representing a number of homeowners in the area who are opposed to the petition requesting approval of an adult congregate living facility, appeared before the Board stating that said property owners feel it is not compatible with the surrounding land use, which is mainly agricultural in nature. That, if allowed, even though it is a PFD, it will probably cause land use problems in the future.

It was noted that the applicant was not present to discuss the request.

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 PFD (Public Facilities District), to construct an adult congregate living facility.

PUBLIC HEARING CUP#89/3/4-1 CUP IN A WELLINGTON B. FREEMAN

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

A motion was made by Commr. Bakich and seconded by Commr. Windram to uphold the recommendation of the Planning and Zoning Commission and approve the request for a CUP in A (Agricultural), however, after some discussion regarding the request, Commr. Bakich withdrew his motion and Commr. Windram withdrew his second.

Commr. Bailey stated that he feels the County needs to revisit the County's policy concerning caretakers' residences, as he feels that the wrong message is being sent out to the public regarding same.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for a CUP in A (Agricultural), to permit the placement of a mobile home for a caretaker's residence.

PUBLIC HEARING CUP#89/3/5-1 CUP IN A TIMBERLAND FARMS

CARL W. AND SHARLEEN STEWART

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

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to allow a radio tower for on-site communications.

PUBLIC HEARING #152-88A-3 AMEND PFD ORD. #86-88 SUNSHINE

STATE CHRISTIAN HOME

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

On a motion by Comnr. 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 PFD Ordinance #86-88, to allow 80 +/- rooms to the adult congregate living facility.

PUBLIC HEARING #46-89-3 RM TO M-l STEPHEN J. HELMS, ET AL

Commr. Swartz questioned staff as to whether the property in question backs up to an RM (Mobile Home Residential) type zone, which staff responded that it did.

Mrs. Debbie Stivender, with the law firm of Steven J. Richey, representing the applicant, appeared before the Board to answer a question the Board had regarding the buffer, stating that in the original plat of Woodhaven, there was a buffer along the lake, which set back 200 feet from the property line.

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 RM (Mobile Home Residential) to M-l (Heavy Industrial), for a proposed industrial development.

PUBLIC HEARING CUP#89/3/2-3 CUP IN M-l ADAM E. KORENCHUK

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

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in M-l (Heavy Industrial), to allow a caretaker's residence.

PUBLIC HEARING #207-86A-3 EXTENSION OF PUD ORD. #84-86 LAKE

YALE GROVES, INC.

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

Commr. Swartz questioned staff as to exactly what a commercial driveway permit was, referred to under the PUD's transportation requirements, to which Dave Clapsaddle, Director of Development Coordination, responded that in the conditions of the PUD, there are no specific requirements contained for turn lanes/excel and decel lanes. He stated that the reason the developer is asking for an extension, is due to the fact that they are presently in the platting stage and would like to complete it. If there is a concern that turn lanes, as well as excel/decel lanes are needed, it can be required as part of the platting process.

Commr. Swartz stated that the intersection of SR 19 and Lane Park Cutoff (the site of the property in question) is getting to be a very busy intersection, therefore, would like staff and Public Works to study that situation and, in fact, make excel/decel lanes, as well as turn lanes, a part of the requirements in the site plan preliminary plat process.

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 one year extension of approved preliminary PUD Ordinance #84-86.

PUBLIC HEARING CUP#89/3/1-2 CUP IN A HARVEY M. SCOTT

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 denied the request for a CUP in A (Agricultural), to permit the establishment of a caretaker's residence.

PUBLIC HEARING #184-88~-3 A TO RR SWEET BLOSSOM CITRUS

CORPORATION/R. SHAFFNER, W. MOSS AND H. HOUSER

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

Commr. Swartz made a motion to overturn the recommendation of the Planning and Zoning Commission for approval of the request to rezone from A (Agricultural) to RR (Rural Residential), and deny the request, due to the fact that the area is essentially agricultural, and is not in an urban node.

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 the request for rezoning from A (Agricultural) to RR (Rural Residential), to develop one (1) acre single-family homesites.

Commr. Swartz voted "No".

PUBLIC HEARING #43-89-3 A TO RR BILLY AND LINDA MCMURPHY

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 RR (Rural Residential), to subdivide into eight (8) building lots, for conventional homes.

PUBLIC HEARING #37-89-2 A TO AR STEVE WILLIAMS

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 allow a residential development.

It was noted that the applicant had actually applied for an RE (Rural Estates) type zoning, however, the Planning and Zoning Commission recommended that the request be changed to an AR (Agricultural Residential) type zone, which allows two and a quarter (2 l/4) acre tracts (which they approved), instead of the original request for 30,000 square feet.

Commr. Bakich questioned staff as to whether the applicant approved of the AR zoning, to which Dave Clapsaddle, Director of Development Coordination, stated that there was a lot of discussion at the Planning and Zoning Commission Meeting, at which time the applicant indicated that he did understand the change and agreed to it.

PUBLIC HEARING #42-89-3 R-l-7 TO A MITCHELL D. MCNAB

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 allow a single-family residence or mobile home on the site.

PUBLIC HEARING CUP#863A-2/3 CUP IN A E. R. JAHNA, ET AL

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 delete property from the existing CUP#863-2/3.

PUBLIC HEARING #47-89-3 A + CUP#863-2/3 E. R. JAHNA

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) + CUP#863-2/3 to PFD (Public Facilities District), to construct a radio transmission tower on the site, with a stipulation that under A. Land Use, of the conditions of the PFD, that it state "Use of the property shall be limited to six (6) radio towers..."

PUBLIC HEARING #20-88a-4 AMEND CP ORD. #44-82 TO ADD C-l AND

C-2 FRED SMITH

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 #44-82, to add C-l (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, to allow C-l and C-2 uses.

PUBLIC HEARING CUP#89/3/3-4 CUP IN A PATRICIA E. MARTIN

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

A brief discussion occurred regarding the request, at which time Commr. Swartz stated that when such cases had come before the Board, in the past, he thought the requirement was that, either they met what was allowed under a CUP or they met what was allowed in the area with a CUP, but that they had to be related with agriculture in some way. He stated that he had been trying to determine how a massage parlor was an agricultural type enterprise.

Mr. Dave Clapsaddle, Director of Development Coordination, stated that in the agricultural district, under Section W, it allows certain home occupations with the approval of CUPS's, such as physicians, veterinarians, dentists, attorneys, architects, clergymen, artists, etc., however, has certain restrictions that the occupation can only be conducted by a member of the immediate family, on the premises. Mr. Clapsaddle named further restrictions to the CUP's.

Mr. Bill Stearn, Assistant County Attorney, stated that it was not the applicant's intent to operate this occupation routinely out of her home - that it would be a rare occasion that an individual would come to her home. He stated that her main problem is with insurance, being that if someone were to come to her home, rather than she to theirs, for consultation, she would not be insured if she could not get permitted.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planniny and Zoning Commission and approved the request for a CUP in A (Agricultural), to permit a licensed massage establishment under Section 60, Subsection 60.170, Paragraph 1.

Commr. Swartz voted "No".

PUBLIC HEARING CUP#89/1/4-2 CUP IN RA JOHN AND MARGARET

BLIZZARD

Mr. Bill Stearn, Assistant County Attorney, explained the request, giving a brief background summary. He stated that this is a case where two dwelling units are on one lot. The applicants had an existing conventional structure that was in a run-down state, therefore, they came to the County and obtained a permit for a mobile home. The County did not condition said permit on the removal of the existing conventional structure, thus, the applicants ended up with two structures with certificates of occupancy. The applicants later came back in, and the County compounded their error, by issuing them a renovation permit for the conventional structure - the applicants then expended approximately $15,000.00 for renovation of the conventional structure. The County again issued them a certificate of occupancy for the conventional structure, so the County again issued them two certificates of occupancy for structures on their property. They recently came to the Planning Department and requested a CUP for the care of the infirmed, however, did not meet the conditions. When it came before the Planning and Zoning Commission, there were some questions as to how it had gotten to this point. Upon investigation, the above findings were discovered, and the applicants then withdrew their request for a CUP.

Mr. Stearn stated that he negotiated with the applicant's attorney to find some way to get one of the structures off the property in question, in a relatively timely manner, and the compromise that was worked out, between the County and the applicant's attorney, was the proposal before the Board this date.

Commr. Swartz questioned whether there were any drainage problems involved, to which staff noted that Code Enforcement found none.

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 a CUP in RA (Ranchette), to use an existing dwelling to care for property owners.

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

Mr. Dave Clapsaddle, Director of Development Coordination, informed the Board that said case had been postponed from a prior date, to try and work out the legal description. The advertisement which appeared in the newspaper, for this hearing, involved property in addition to that property which is before the Board this date.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone said case until the Board Meeting of May 16, 1989, at 2:00 p.m., to enable staff to work out the problems with the legal description.

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

STOSBERG/FOXHILL BUILDERS, 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 for a CUP in R-l-7 (Urban Residential), to permit a temporary soil cement plant to be placed on the site during excavation.

There being no further business to be brought to the attention of the Board, the Chairman called for a motion to adjourn.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the meeting adjourned at 3:33 p.m.

C. W. "CHICK" GREGG, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

sec/4-27-89