A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS



SEPTEMBER 19, 1989



The Lake County Board of County Commissioners met in regular session on Tuesday, September 19, 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: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Al Thelen, County Manager; Ava Kronz, Assistant to the County Manager; Annette Star Lustgarten, County Attorney; and Sandra Carter, Deputy Clerk.

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

MINUTES

Commr. Bailey stated that on Page 6, of the September 5, 1989 Minutes, the name Erwin Barwick was misspelled - the correct spelling is Irwin, and on Page 34, the name Dan Gordon was misspelled - the correct spelling is Gorden.

Commr. Swartz stated that on Page 10, South Carolina should be corrected to read North Carolina.

Commr. Bakich stated that on Page 26, the Minutes should reflect that he stated he "would like for the Board to have more time to review the Boat Dock and Seawall Ordinance", rather than "that he has not had an opportunity to review them".

Regarding the Minutes of September 7, 1989, Commr. Swartz stated that on Page 4, on lines 15, 16, 23 and 24, and on Page 5, on lines 4, 5, 20 and 21, regarding the Board approving the percent of increase over the rollback rate, the Minutes state that the "rollback percentage rate was" a certain percent, and the Minutes should be corrected to read that a certain percentage rate was approved "over the rollback rate", on the lines referred to above.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 5, 1989, and September 7, 1989, as corrected.

COUNTY EMPLOYEES/PUBLIC WORKS

Commr. Gregg, Chairman, presented a plaque to Mr. Walter Hall, Jr., in the Public Works Department, in appreciation of his 20 years of service to the County.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 98124 through Warrant No. 98630, for the following accounts:

County Transportation Trust Landfills

General Revenue Countywide Library

Paisley Fire District Countywide Fire District

Mosquito Control Pasco Fire District

Northwest Fire District South Lake Fire District

Mr. Plymouth Fire District Aquatic Weed

Fine & Forfeiture Private Industry Council

Revenue Sharing Emergency 911 Fund

Bassville Fire District Northwest Ambulance

Road Impact Law Library

Special Assessments Self Insurers Fund

Section 8 Eustis Section 8

Capital Outlay

Bonds - Contractor

Request to approve the following Contractor Bonds:

New

502-90 Rufus H. Pace d/b/a Rufus H. Pace Mobile Home Sales, Inc.

4381-90 James W. White (Electrical)

4476-90 Depriest Air Conditioning & Heating, Inc. (Air Conditioning

& Heating Contractor)

4767-90 Garemore Plumbing/James Garemore (Plumbing Contractor)

4768-90 Stephen T. Dobson d/b/a Dobson Aluminum (Aluminum

Contractor)

4769-90 Mark Anthony Noppert d/b/a Spirit Electric (Electrical)

Cancellation

4067-89 Rainbow Lakes Heating & Air Conditioning (Heating & Air

Conditioning Contractor)

Accounts Allowed/Courts-Judges

Request to approve Satisfaction of Judgment for Orva Eugene Gunn, Jr., Orva Gunn, Sr., and Bonnie Gunn, in the amount of $50.00 - Case No. 89-487-CJ.

Accounts Allowed/Courts-Judges

Request to approve Satisfaction of Judgment for Nathaniel A. Runk and Michelle Smith, in the amount of $50.00 - Case No. 89-674-CJ.

Accounts Allowed/Reports

Request to acknowledge receipt of the Distribution of Revenue Traffic/Criminal Cases, for the month ending August 31, 1989, in the amount of $121,900.16.

Jails/Municipalities/Resolutions

Request to acknowledge receipt of a Resolution, from the City of Leesburg, supporting the Lake County Board of County Commissioner's effort to locate a Federal Correctional Institution in Lake County.

Landfills/Municipalities/Resolutions

Request to acknowledge receipt of a Resolution, from the City of Winter Garden, rejecting the proposed landfill site in Southeast Lake County, and requesting the Lake County Board of County Commissioners to reject said site.

CLERK'S OTHER BUSINESS

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

Accounts Allowed/County Property

Request to delete items from Fixed Assets, for the month of September, 1989, in the amount of $799.02, as follows:

Prop.# Department Item Amount Reason

9382 Pine Lakes F.D. Shinwa Pager $ 291.00 Lost

12087 Planning Dept. Acoustical Cover 216.92 Broken

10572 Pasco F.D. Shinwa Pager 291.10 Lost

$ 799.02

COUNTY MANAGER'S CONSENT AGENDA

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

Contracts, Leases & Agreements/Mosquito-Aquatic Plant

Management

Request to accept the Annual FY 1989-90 Cooperative Aquatic Plant Control Program contract (Chapter 16C-54) and State Funding Aquatic Plant Control Program contract (Chapter 16C-50).

Accounts Allowed/Libraries

Request to approve the State Aid to Libraries Application FY for 1990, in the estimated amount of $96,961.00, and authorized proper signatures on same.

Accounts Allowed/Libraries/Municipalities

Request for reimbursement to the City of Mt. Dora, for salaries and benefits, for Mt. Dora Library, for August, 1989, in the amount of $5,867.52.

Accounts Allowed/Public Health

Request to authorize payment to Drs. Schutz & Techman, P.A., for professional services, for August, 1989, in the amount of $9,396.11.

Accounts Allowed/Bonds/Roads-County & State

Request for final approval of Jeremy Place: accepted a maintenance bond, in the amount of $2,441.20; and accepted Jeremy Place (5-6349) into the County maintenance system.

Bonds - Mobile Home

Request for Christine Meade, Silver Lake Area, District #l, to live in a mobile home on the same piece of property on which her conventional dwelling unit is being built, subject to the proper bond being posted, and with the understanding that the mobile home will be removed upon completion of the conventional dwelling unit, or upon the request of the Board of County Commissioners.

Bonds - Mobile Home

Request to approve cancellation of mobile home bond for Christopher Seagraves, Sorrento Area, District #4.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 556 - Glendel W. & Elizabeth C. Cock - Clermont

Area

Request to advertise Road Vacation Petition No. 556, from Glendel W. and Elizabeth C. Cock, to vacate easement, Monte Vista Park Farms, Clermont area.

Petition No. 559 - Kircha Investment Corporation - Tavares Area

Request to advertise Road Vacation Petition No. 559, from Kircha Investment Corporation (Emery S. Simms, Jr., Exec. V.P.), to vacate easement, Squirrel Point, Tavares area.

Petition No. 561 - H. D. Robuck, Jr., Esquire - Leesburg Area

Request to advertise Road Vacation Petition No. 561, from H. D. Robuck, Jr., Esquire (for Robert Stetler), to vacate road right-of-way and lots, in a portion of Pennbrooke, Leesburg area.

Petition No. 563 - Donald L. & Frances J. Smith - Leesburg

Area

Request to advertise Road Vacation Petition No. 563, from Donald L. and Frances J. Smith (Pullum and Pullum, P.A.'s), to vacate a portion of Old Thomas Road, Leesburg area.

Accounts Allowed/Road Projects/Roads-County & State

Request for first and final payment to Paquette Paving Company, Inc., for Project No. SA-62, Allen Road, in the amount of $29,927.50; and accepted Allen Road (l-6411) into the County maintenance system.

Accounts Allowed/Road Projects

Request for payment No. 1 to Rix Construction Company, for Project No. 5-89, Smitty Road, in the amount of $42,160.42.

Accounts Allowed/Road Projects

Request for payment No. 8 to Trac Roadbuilders, Inc., for Project No. 6-88, C-473, widening and resurfacing, in the amount of $32,754.27.

Roads-County & State/Signs

Request to post "NO Parking" signs on Pinecrest Avenue(4-4961).

Roads-County & State/Signs

Request to post 25 m.p.h. speed limit signs on Huggins Street (l-5539).

Deeds/Right-of-ways, Roads & Easements

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

Sentinel Communications Co. - C437 and SR 46

Tri-City Baptist Church, Inc. - Bay Road (4-4260)

John Stephen and Linda L. Williams - Mattioda Road (2-1113)

Kenneth and Jacqueline Savate - Bill Collins Road (5-6781)

Jose R. and Maria Gonzalez - Abrams Road (4-5371)

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

AGRICULTURAL CENTER/BUDGETS

Mr. Don Findell, Director of Environmental Services, appeared before the Board, to discuss the request, stating that in the FY 1988-89 budget the Ag Center had budgeted for several pieces of computer equipment, of which a portion of same was purchased in January of this year. It was determined, at that time, that Mr. Cournyea, County Agriculture Extension Director, would phase the remainder of the equipment in over the year, as the work load dictated. During the last few months, the work load increased as he had projected, and he was prepared to purchase the remainder of the equipment, however, was caught in the spending moratorium that was placed on all the departments. Mr. Findell stated that Mr. Cournyea still needs the equipment and has money in his budget to purchase it, therefore, would like to do so, while funds are available, as he will not have the capability of purchasing it next year, as said funds were deleted from the FY 1989-90 budget.

Discussion occurred regarding this issue, at which time Commr. Swartz made a motion to have staff revise the budgets, so that the funds alluded to earlier could be rolled over into next year's Agricultural Center budget, to enable the purchase of said equipment.

Mr. Al Thelen, County Manager, commented, stating that there were some uncertainties concerning exactly what has to be spent, as opposed to what can be held, therefore, he recommended that said request be denied, and, if it is determined, at a later date, that there is more cash carry forward than originally anticipated, that said request be brought back before the Board for a Contingency expenditure next year.

Commr. Swartz then withdrew his motion for approval and made a motion to deny said request, at this time, and review it again at the beginning of the new year, when the Board has a better understanding of the cash carry forward situation, which was seconded by Commr. Bailey and carried unanimously.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the Interlocal Agreement with the municipalities, for implementation of the recycling program, and authorized proper signatures on same.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept a proposal from Orlando Waste Paper Company, to purchase waste paper from the County waste recycling program, and authorized the Chairman to sign the contract, after it has been prepared by the County Attorney.

LANDFILLS/RESOLUTIONS

A brief discussion occurred regarding this request, at which time several Commissioners commented.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to establish FY 1989-90 Solid Waste Disposal fees, and approved a Resolution for same.

PUBLIC HEARINGS - ROAD CLOSINGS

Petition No. 555 - John R. Prickett, Jr. - Tavares 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 August 24, 1989, and August 31, 1989, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to vacate an unnamed street and lots, in Barclay's addition to Lane Park, Tavares area, as advertised in Petition No. 555, by John R. Prickett, Jr.

Petition No. 557 - Arthur E. & Brenda J. Enz - Montverde Area

Mr . Jim Stivender, Director of Public Works, appeared before the Board stating where said road is located, and giving a brief background of the request.

Mrs. Cecelia Bonifay, Attorney, representing Lykes Development Corporation, which owns 300 acres in the vicinity of the requested road, appeared before the Board to discuss the request and answer any questions there might be from the Board. She reviewed an aerial map with the Board, indicating where said road is located. She stated that, in viewing the map, she and her client were only able to locate a 10 ft. wide maintenance road, which runs under the Turnpike, once used to haul fruit. She also stated that, at present, her client's only means of access is a 15 ft. right-of-way, which was pointed out on the map.

Commr. Windram questioned Mrs. Bonifay as to how far her client was from the County road, to which she replied that it was approximately 600 feet. It was noted that a portion of the property involving the road closing was tied up in a trust.

Commr. Bakich suggested possibly (through a bit of planning on the County's part, as well as Lykes Development Corporation) planning for a connector road in the future, should the property in question ever be developed.

Mr. Claude Smoak, former Commissioner, and part owner in the Trails of Montverde subdivision (entailing approximately 340 acres), which is contiguous with the property in question, approached the Board and pointed out what portion of the property had access to the County maintained road alluded to earlier. It was noted that approximately one to one and a half miles of property owned by Lykes Development Corporation abutts said road.

Mrs. Bonifay pointed out that being said property involves such a large tract of land, her client needs more than one access.

Mr. Stivender was questioned as to his feelings in not opposing said vacation, to which he responded that, as stated, 15 feet would not be considered as a viable access - that it might be a legal access in some form, but, not a practical access.

Mrs. Bonifay stated that her client's concern is for the overall future planning of the property in question, and that they would like the opportunity to explore, with County staff and the adjacent property owners, the possibility of a trade-off, and come up with something that would benefit the County, as well as themselves, before they actually close said road.

Discussion continued regarding the request, at which time Commr. Swartz questioned Mr. Stivender as to how much time his staff would need to try and explore the possibility of exchanging some of the right-of-way alluded to, in order to acquire a larger piece of property, and questioned Mrs. Bonifay as to how much time she would need to deal with the adjacent property owners, in trying to resolve the problem, to which it was noted that approximately 60-90 days should be sufficient.

Ms. Brenda Enz, petitioner, appeared before the Board stating that she owned a portion of the property being discussed, and stated that there was a problem, in that their well is within the easement, as well as the fact that the easement runs right through their neighbor's swimming pool.

Commr. Swartz suggested postponing action regarding the request, as he did not want to see the Board close out potential options, until other options could be looked at.

It was noted that the proper proof of publication was on hand as it appeared in the August 24, 1989, and August 31, 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 to postpone action regarding Road Closing Retition No. 551, Vinola Gardens, for 90 days, and directed staff to try and approach some of the property owners, in trying to acquire additional right-of-way, in exchange for vacating the 15 ft. easement alluded to earlier.

ACCOUNTS ALLOWED/BUDGET TRANSFERS/HEALTH DEPARTMENT

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board, stating that the request was simply to clean up the budget for the end of the year, and answered questions presented by the Board.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to amend the Lake County Health Department's budget, in the amount of $178,022.00, and to a transfer of funds, in the amount of $63,602.00.

ACCOUNTS ALLOWED/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to reimburse a cashier's check, in the amount of $l,OOO.OO, for the removal of a temporary sales office, in Riverside Subdivision.

BONDS - MOBILE HOME

Mr. Charles Poston and his son, George, appeared before the Board requesting an additional year's extension of the mobile home permit which he has (noting that he had just renewed his building permit for another year) concerning a conventional home being built on a piece of property in which he has joint ownership with his son, who is in the Navy, and comes home periodically from Jacksonville, where he is stationed. He stated that he had started the home in August of 1987 and had hoped to be much farther along on it than they presently are - noting that they are halfway through construction of the home.

Discussion occurred regarding the request, at which time Commr. Gregg suggested a six months extension, rather than one year, stating that recently the Board has taken a hard line on requests for extension of mobile home permits, especially in cases where the permits have been renewed more than one time and have gone on for several years.

Commr. Swartz suggested that staff send letters to all individuals who presently have mobile home bonds and let them know that the Board is looking at them much more closely, therefore, taking a harder line on requests for renewal.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of staff to deny a request to renew a mobile home bond for Mr. Charles Poston, Bassville Park area, District #l, for an additional year, and approved said request, noting that his home will have to be completed in that time frame, as they would not approve another extension, should he come before the Board to do so in the future.

BONDS - MOBILE HOME

Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board giving a brief background of the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to demand payment of a mobile home bond, in the amount of $5,000.00, for Richard Eisinger, Groveland area, District #2.

COUNTY EMPLOYEES/REPORTS

Mr. George Cody, Cody & Associates, appeared before the Board stating that the County had contracted with his firm to do what they call a Position Classification and Salary Survey. He gave a brief background history of his firm, stating that they have done such studies for various cities and counties, school boards, colleges and the private sector. He then summarized how the survey was conducted, stating that their major finding was that the minimum salary range, for almost every position, was significantly below the local and regional labor market - anywhere from 5% to 17% below. He also stated that the County had a 25% turnover, of which most of the individuals who left expressed that the pay was the major reason for leaving. His firm found that most of the problem concerned lower level jobs, where individuals hired at $9,500.00 to $10,500.00, such as entry level laborers, clerical employees, equipment operators and animal control personnel, were considerably behind the market. He stated that landfill positions were way behind the market, and firefighters were found to be approximately 18% behind the market. Concerning middle and top management, some were behind the market, while others were found to be competitive. Still other jobs, such as some environmental positions and some new positions, where individuals were hired from outside the system, at the going rate, kept up with the market.

Concerning employee benefits, Mr. Cody stated that these were found to be competitive.

Concerning a question as to whether top administrators should be given time off, due to the hours they work over and above the normal schedule, his firm found that some employers do this - either informally or through administrative leave, however, his firm recommends that this not be done. He stated that the salary range of top administrators usually accounts for the extra hours - noting that one just cannot get a job done in forty hours, if one is in management.

Mr. Cody stated that his firm recommends that the County (1) adopt the classification plan (contained in the report); (2) adopt the salary schedules (of which there are six - one for the general employees, on 37 l/2 hours; one for the employees on 40 hours: one for firefighters: one for bailiffs: one for professional administrative/mid-management employees; and one for executive/management employees); and (3) that the County retain their present benefit program. He stated that his firm feels that employees should receive a 5% general increase, or movement to the minimum of the new pay range - give 5%, and if this does not put them in the minimum range, then increase them by whatever is necessary to put them in the minimum range. He then answered questions presented to him by the Board.

Commr. Gregg commented, concerning a memo from Mr. Al Thelen, County Manager, to the Board, in which he indicated that the present budget would allow the County to implement the Cody Study, with exception of the special fire districts (due to a problem concerning the pulling of funds out of the General Fund to supplement said fire districts), and suggests that it be phased in over a period of two years. He stated that Mr. Thelen recommended implementation of the Cody Study, as well as a merit adjustment in April. He then questioned Mr. Thelen, verifying the fact that he was talking strictly about merit increases (referring to April) and not across the board increases, to which Mr. Thelen responded that this was correct. Mr. Thelen stated that what he was recommending was for implementation of the Cody Study, at present, and then in April of 1990, possibly giving merit increases, on an individual basis, selectively, and as recommended by department heads. He also stated that he would want division directors to be exempt from said plan, as he felt they should administer it, and not be part of a plan they are to administer.

Commr. Bakich stated that he felt the report was very in-depth and highlighted a lot of things that he felt the County offered, such as the benefits, and that he felt the study would bring the County more in line of where it needs to be.

Further discussion occurred regarding the study, at which time Mr. Thelen stated that it would be brought back before the Board at the October 3, 1989, Board Meeting, for action.

ROAD CLOSINGS - PERMISSION TO ADVERTISE

Petition No. 547 - George and Jackie Conn - Eustis Area

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

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved a request to advertise Road Vacation Petition No. 547, from George and Jackie Conn, to vacate Magnolia Avenue, in the plat of Phillipsburg, Eustis area.

Petition No. 562 - Claude E. Smoak, Jr. (c/o Montverde Groves,

Inc.) - Montverde Area

Mrs. Cecelia Bonifay, Attorney, representing Lykes Development Corporation, appeared before the Board stating that her client owns approximately 300 acres contiguous to the property in question, which, at present, is totally blocked, and does not have access. She stated that her client feels that Thoroughbred Lane (the road in question) would provide a minor access, or one of several points of access, to the larger tract. She stated that her client was requesting a continuance of 90 days, to allow them to confer with representatives from the Trails of Montverde and the County's Planning Department staff, as well as other adjacent property owners, to look at what is happening in the area in question, and what access could be provided. She noted that staff had indicated that the property in question was platted with the road extending through the adjacent property, in accordance with the County's subdivision regulations, which provides for a circulation pattern. She recommended that the Board continue this request for 90 days, and, after researching, bring it back to the Board with an overall development plan for said area.

Mr. Claude Smoak, former Commissioner and part owner, representing the developers of the Trails of Montverde Subdivision, appeared before the Board stating that he agreed with Mrs. Bonifay in that there is a need in the area in question to develop an access program. He stated that he felt there were alternatives for access to said property. He stated that the Trails of Montverde Subdivision exceeds 300 acres and has a single access point, which was platted in the County. In the preliminary plat, which was approved by the Board, there was not an access onto the adjacent property. He stated that the subdivision has 155 lots, with more than 80% of the lots sold, and approximately 40 homes presently constructed, of which the property owners had the idea that they had a closed system (noting that he also thought they had a closed system - that he was not aware that there was an access point on Thoroughbred Lane, until he was approached by a realtor). He requested the Board to look at this case carefully, and to grant permission to advertise the road closing, as requested, keeping in mind that said subdivision is an independent entity, as opposed to a master scheme, which would destroy the entity.

Mr. Jim Stivender, Director of Public Works, appeared before the Board stating that, in checking a number of plats which came before the Board over the past eight years, he found that in over 50 occasions, the Board extended right-of-ways, for professional use of residential streets - not necessarily for collector roads, but for residential/alternate accesses.

Mr. Darryl Lykes, Executive Vice President of Lykes Development Corporation, appeared before the Board stating that, if the Board approves permission to advertise the road closing, it would put them in a position of being cut off, and requested the Board not to approve permission to advertise, at this time, but to postpone the request for 90 days, allowing them time to meet with Mr. Smoak, on friendly terms, rather than adversarily, to discuss issues pertinent to the case.

Discussion continued regarding the request, at which time Mr. Smoak and Mrs. Bonifay commented further.

Commr. Swartz stated that the Board is sympathetic to the concerns regarding the creation of a potential problem with extra traffic going through any subdivision or residential community, and that he did not foresee a problem with the Board approving permission to advertise, however, would rather see the Board continue the request, for 90 days, rather than put the process in motion, and possibly not solve some problems at hand, to which Commr. Bakich agreed.

Commr. Swartz then made a motion to move continuance for 90 days, concerning a request to advertise Road Vacation Petition No. 562, from Claude E. Smoak, Jr. (c/o Montverde Groves, Inc.), to vacate right-of-way in the Trails of Montverde Subdivision, which was seconded by Commr. Bakich, however, said motion died due to lack of the motion being carried.

Commrs. Bailey, Windram and Gregg voted "No".

Commr. Bailey then made a motion to approve the request to advertise Petition No. 562, as stated above, with the stipulation that, at such time, if the problem which presently exists is not resolved, to the satisfaction of all parties involved, he will not vote to approve the road vacation, which was seconded by Commr. Swartz (noting that his approval of the road closing would be contingent upon what Commr. Bailey had stated also) and carried unanimously.

Mr. Lykes informed the Board that he felt 30 days was absurd, as he could not contact all the land owners involved in that time frame.

ACCOUNTS ALLOWED/JAILS

Commr. Gregg commented on this request, stating that he felt Ms. Annette Star Lustgarten, County Attorney, should be aware that there should have been an amendment to the contract with HOK, being that there have been some major changes made, which should have been logged..Ms. Lustgarten stated that she had met with Mr. Ford (former County Attorney) and that he had informed her that he was in the process, at present, of preparing an addendum to said agreement, and that the Board should have it in short order.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved a request for payment of HOK invoices No. 1 and 2, for the Criminal Justice facility, in the amount of $237,641.40, and that an addendum be attached to it, outlining contractual amendments which are presently being prepared.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

MOSQUITO-AQUATIC PLANT MANAGEMENT

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved a request to increase Jammal and Associates' contract, for additional soil and groundwater testing in the drainage ditches alongside the Mosquito Control facility, at a cost of $4,780.00.

RESOLUTIONS/RIGHT-OF-WAYS, ROADS & EASEMENTS

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approve a resolution which will ratify and reconfirm Board action, taken in 1976, vacating a drainage easement in Venetian Village, Fourth Addition, and authorized proper signatures on same.

ACCOUNTS ALLOWED/LANDFILLS

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved a request to advertise for one or more 1990 diesel truck tractors, at an estimated cost of $50,000.00, to be taken from the Landfill Enterprise Fund.

ACCOUNTS ALLOWED/PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved a request to advertise for the 1990 aerial photography, at an estimated cost of $90,000.00.

BIDS/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved a request to award Bid No. 004-745-090, Asphalt Concrete, to American Asphalt, Inc., for Maintenance District II; Asphalt Production Company preferred for Maintenance District I & III, with option for Maintenance District II; and Asphalt Pavers, Inc., being preferred for Maintenance District III, with option for District I.

Commr. Gregg was not present for the discussion or vote.

BIDS/PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved a request to award Bid No. 005-235-090, Corrugated Metal Pipe only to Orange Culvert and Drainage Materials. Commr. Gregg was not present for the discussion or vote.

BIDS/PUBLIC WORKS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved a request to award Bid No. 002-750-090, Limerock, jointly, to M. J. Stavola Industries, preferred for Maintenance District I and III; Florida Crushed Stone preferred for Maintenance District I and II, and to allow purchase from Dixie Lime and Stone Company, when other sources are unavailable.

Commr. Gregg was not present for the discussion or vote.

BIDS/PURCHASING DEPARTMENT

On a motion by Commr. Swartz, seconded by Commr. Windram and carried, the Board approved a request to renew Bid No. 007-958-008, two-way radio communications maintenance, for one year, beginning October 1, 1989, to Master Communications Sales and Services.

Commr. Gregg was not present for the discussion or vote.

BIDS/ELECTIONS

Commr. Gregg commented on this request, stating that when this issue was discussed at budget time, the Board agreed to lease said equipment, and questioned Mr. LeHeup, Director of Purchasing, as to whether he had investigated said lease and whether Finance had had a chance to look at it, to which Mr. LeHeup stated that he had given Finance three (3) quotes, and, as yet, had not received an answer from them.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to award Bid No. 018-905-090, in part, to American Information Systems and Sequoia Pacific Systems, Inc., for Regional Ballot Optical Scan System, for Mrs. Emogene W. Stegall, Supervisor of Elections, contingent upon bringing back to the Board, at a later date, some form of lease agreement regarding same.

BIDS/COUNTY ATTORNEY

On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved a request to purchase furniture for the County Attorney's Office, from Ernie Morris Enterprises - County Bid No. 003-618-089, noting that said purchase was considered an emergency item.

COUNTY EMPLOYEES/INSURANCE

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved a request to accept the 1989-90 insurance program, to become effective October 1, 1989, which will include all property and liability coverages and workers' compensation.

COUNTY ATTORNEY'S BUSINESS

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that she had met with Mr. Chris Ford, former County Attorney, and went over the pending litigation cases, of which there were twelve, in addition to some standard foreclosure cases. Of the twelve cases mentioned, she stated that she is going to take over six of them. There was no decision made, at this time, regarding two of the twelve cases, and four of them, which are on-going litigation cases, will remain with Mr. Ford's office.

Ms. Lustgarten stated that one of the cases which she will be taking over is the issue of legal fees, regarding the abortion litigation which took place in the County. She stated that, at the September 12, 1989, Board Meeting, it was noted that the motion for rehearing, which had been filed by Mr. Ford was, in fact, denied by the Courts. She stated that she has since had the opportunity of doing a great deal of research regarding the case. She stated that there were various aspects, concerning the issue, and informed the Board that, based on the research alluded to earlier, she would suggest they pay the $17,000.00 fee.

Commr. Swartz questioned whether the County could delay payment, pending the decision of the Supreme Court, to which Ms. Lustgarten responded that, if the Board chose to delay payment, she would advise the Board to appeal the order.

Commr. Gregg questioned what would happen if the Board chose not to pay the fee, to which Ms. Lustgarten stated that the Board would then be in contempt of Court, and the Court, or the attorneys, would have the option of bringing the County Commission to court.

Mr. Bob McKee, Chief Deputy Clerk, gave input, stating that, in the past, the County has picked up the tab for the appointment of counsel for parents, in cases involving the severance of parental rights, and, routinely, the County picks up the tab when the Court appoints lawyers to act as guardian ad litem in juvenile civil matters.

Upon being questioned as to how often this occurs, Mr. McKee stated approximately once a month.

Further discussion occurred, at which time several Commissioners gave input.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved to pay the $17,000.00 fee, alluded to earlier, regarding an abortion litigation involving a minor, who was judged to be indigent.

Commrs. Bailey and Swartz voted "No".

COMMISSIONERS' BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the appointment of Mr. Warren C. Harris, as the Board of Realtors' representative to the Citizens Advisory Committee on Impact Fees.

CONTRACTS, LEASES & AGREEMENTS

Commr. Gregg stated that he had provided the Board with information concerning Option Agreements for the purchase of B.M.K. Ranches, Inc., and M. K. Citrus Limited Partnership CARL Projects, for the Board's review.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

Commr. Gregg stated that he had provided the Board with a letter which he received from the law firm of Hopping Boyd Green & Sams, concerning their rates, and requested permission to authorize them to become familiar with the Wekiva Amendment case, noting that he had spoken with Ms. Annette Star Lustgarten, County Attorney, regarding this matter.

Ms. Lustgarten stated that said firm was a very well known reputable firm, and that their fees were reasonable, based on the expertise. She stated that she felt it would be helpful for said firm to be brought in to advise and direct, assuming they are familiar with the process.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved to contract with the law firm of Hopping Boyd Green & Sams, at the rates stipulated in a letter to Commr. Gregg, for purposes of working on the Wekiva Amendment.

Commr. Swartz voted "No".

ACCOUNTS ALLOWED/COUNTY ATTORNEY/COUNTY MANAGER

Commr. Bakich brought to the attention of the Board the fact that, as part of the hiring of Ms. Annette Star Lustgarten, County Attorney, and Mr. Al Thelen, County Manager, the Board agreed to provide automobiles to them. He noted that Ms. Lustgarten presently has an automobile, however, Mr. Thelen does not. He stated that monies are available in the current budget, which can be transferred from Professional Services to the Equipment Account, for providing Mr. Thelen with adequate transportation, for an amount not to exceed $12,000.00.

A brief discussion occurred regarding said request, at which time a motion was made by Commr. Bakich, seconded by Commr. Windram and carried unanimously, to transfer monies from the Professional Services Account to the Equipment Account, for purposes of purchasing an automobile for the County Manager, for an amount not to exceed $12,000.00.

WEKIVA RIVER PROTECTION AREA AMENDMENT WORKSHOP

ENVIRONMENTAL SERVICES

Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and gave a brief summary of what has occurred regarding the Wekiva Amendment up to this point. He then turned the floor over to Mr. Mike Szunyog, Director of Planning.

Mr. Szunyog informed the Board of changes (presented to the Board prior to the Board Meeting) which had been made to Ordinance 1989-3, the Wekiva River Protection Area Comprehensive Plan Amendment, subsequent to transmittal to the Department of Community Affairs (DCA), but prior to the Planning and Zoning Board hearing.

Considerable discussion occurred regarding one of the changes, being that regarding urban nodes, and the new definition which was added for the Mt. Plymouth-Sorrento Urban Compact Node, at which time Mr. Szunyog stated that there were references to urban compact nodes, urban areas, etc., and criteria has been set forth for expansion of said nodes. He stated that there are descriptions of what kind of activity would take place, with the overall intention of designating an area for urban activity, particularly, Mt. Plymouth-Sorrento, as it is an unincorporated community within the County, however, there was never any real definition in geographical terms of the extent of said urban node. He stated that in the current land use element there are areas that are designated as urban nodes, at which time he reviewed said map with the Board indicating said nodes. It was noted that there are no geographical definitions for urban nodes, other than the one that was created at Bramalea, on the County map - they are just shaded areas on the map.

Commr. Gregg questioned whether the Board had any objections to moving the line back to the PUD boundary on the east (taking out the red marked area on the map which was reviewed by the Board), to which it was the consensus of the Board to do so.

Commr. Swartz stated that he did want to make one point, regarding the RR (Rural Residential) area on said map, in that, based on the definitions that exist in the draft before them this date, the RR should not be within the urban node, as it is not an urban density. He also stated a concern which he had regarding the existing PUD, as well as some parcels of vacant land in the area, in that it artificially skews the point system, because individuals can get closer to, adjacent to, or contiguous to the urban node, which automatically gives them certain points. He stated that he feels this issue should be brought back before the Board, at a later date, for further discussion.

At this time, Commr. Windram referred to a letter from the Department of Natural Resources (DNR), regarding the definition of rural residential acreage.

Discussion continued regarding what areas (on the map) should be taken out and what areas should be left in, in defining the urban node.

RECESS & REASSEMBLY

At 12:45 p.m., the Chairman announced that the Board would recess for lunch and would continue discussion regarding the Wekiva Amendment during the afternoon session.

REZONING

Mr. Gregg Stubbs, Acting Director of Development Coordination, stated that staff was requesting postponement of the following cases:

Postponements

CUP#89/4/2A-5 William & Mary Haker 10-17-89

#158-89-l Virginia Szentpetery 10-17-89

CUP#89/8/3-5 Jack & Rosemary Purdum 10-17-89

CUP#89/8/4-1 Jack & Rosemary Purdum 10-17-89

CUP#89/6/2-4 Norman & Deborah Robbins 10-17-89

CUP#89/6/1-2 Frederick Armagost 10-17-89

CUP#89/5/4-4 Lloyd Lexius 10-17-89

#67-89-4 M.K. Citrus, Limited 10-17-89

#68-89-4 M.K. Citrus, Limited 10-17-89

At this time, Mr. Stubbs stated that, in addition to the above stated cases, a 90 day postponement had been requested, by the petitioner, for the following cases:

#96-89-4 Mark Carson/Ramapo Ranch

#97-89-4 Peter Neubauer

#98-89-4 Mark Carson & Canteen Foods

#99-89-4 Bahata Fruit, et al

#l00-89-4 Mark Carson & Bahata Fruit Co.

CUP#89/5/5-4 Ernest Maddy

Ms. Annette Star Lustgarten, County Attorney, informed the Board that it is unusual in the normal course of zoning cases, that said cases go to the Planning and Zoning Board, which votes to postpone them, and then have them come before the Board of County Commissioners, for action. She stated that, standardly, said cases should be a recommendation of the Planning and Zoning Board, and she would review with staff whether or not said cases should be before the Board of County Commissioners at this time. As far as the six cases stated above, requesting a 90 day postponement, she stated that said cases would have to be voted on separately, due to the fact that they were scheduled to be heard this date.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request that the above stated cases be postponed, at this time.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to postpone the six cases stated above for 90 days.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request that the following cases be withdrawn:

Withdrawals

#161-89-4 Mt. Plymouth Enterprises, Inc.

CUP#89/8/2-4 William Barton

Mr. Frank Mangaloid, stated, from the audience, that he was purchasing the property regarding Zoning Case No. CUP#89/8/2-4, William Barton, until he had received some threats of harm to his parrots, from surrounding property owners, therefore, was requesting that the case be withdrawn, as he had decided not to purchase said property.

The Board informed him that the case had been withdrawn, to which Mr. Mangaloid stated that he was not aware that it had been, and thanked the Board for their time.

A brief discussion occurred regarding the fact that Mr. Mangaloid's parrots had been threatened, at which time the Board apologized to Mr. Mangaloid for having received the threats.

ZONING CONSENT AGENDA

Ms. Annette Star Lustgarten, County Attorney, informed the Board that Chapter 125, of the Florida Statutes, controls the public hearing process for rezoning property, and that it does require an individual public hearing for each case, therefore, a Consent Agenda would be inappropriate for any rezoning case. She stated that, in the future, a public hearing will have to be held for each case, however, due to the fact that the cases on the Consent Agenda before the Board this date were advertised as such, the Board can continue with said cases as planned.

PUBLIC HEARING #153-89-5 RR TO A ALEXIS & BETHANY MOUSAID

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

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to RA (Ranchette), rather than to A (Agricultural) zoning district, as originally requested, to allow a five (5) acre residential homesite.

Ms. Annette Star Lustgarten, County Attorney, questioned how the case was advertised, to which she was informed that it had been advertised as a request from RR to A. She informed the Board that the case should have been advertised for the zoning district to which it was being rezoned. She further stated that, if the County is not initiating a zoning change (which it clearly has the authority to do at any time), the applicant will usually ask for a particular zoning, and the Planning and Zoning Commission will normally make a recommendation on said request - either for approval or denial. If the Planning and Zoning Commission feels that a different zoning category is more appropriate, they would move to deny the request, with a recommendation of going to an alternate zoning district. At that point, the case would have been advertised for what the applicant had requested and what staff, or the Planning and Zoning Commission, was recommending. The case would then have been properly advertised for the appropriate zoning district, thus allowing the Board the choice of what zoning district they wanted to vote on.

Further discussion occurred regarding the matter, at which time Ms. Lustgarten stated that she was strictly informing the Board of some problems which she perceives, concerning the matter, which she feels needs to be addressed.

PUBLIC HEARING #157-89-5 A TO PFD ROBERT & BONNIE GNANN

Mr. Mike Gray, representing the applicant, stated (from the audience) that he was present to answer any questions there might be from the Board, however, did not approach the podium to speak.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to PFD (Public Facilities District), to allow a receiving station for cable television.

PUBLIC HEARING #155-89-3 R-l-7 TO RR ROGER & MARGARET A.

DAMRON

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

On a notion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-l-7 (Urban Residential) to RR (Rural Residential), to allow the keeping, grazing and feeding of cattle and livestock.

PUBLIC HEARING #152-89-l AMEND CP ORD. #8-87 AND REZONE

FROM CP TO R-l-5 WALTER B. KAMINSKI, JR.

Mr. Salvadore Sangora, a resident of the area in question, appeared before the Board questioning what the petitioner intended to do with his property, once it is rezoned.

The petitioner, Mr. Kaminski, appeared before the Board stating that he plans to build a house on said property.

A question came up regarding the possibility of the legal, for the property in question, not being correct, to which Mr. Gregg Stubbs, Acting Director of Development Coordination, verified that said legal was correct.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP Ord. #8-87 and rezone from CP (Planned Commercial) to R-l-5 (Mobile or Mixed Residential) zoning, to delete land from an existing CP parcel, to allow one (1) single-family residence in R-l-5 (Mobile or Mixed Residential) zoning district.

PUBLIC HEARING #82-89-4 A TO CP W/C-l & C-2 USES

DAVID R. RICHARDS

Mr. Gregg Stubbs, Acting Director of Development Coordination, informed the Board that at the July 18, 1989, Board Meeting the Board denied the original request of MP (Planned Industrial) with LM (Light Manufacturing) uses, and directed staff to readvertise the request as CP (Planned Commercial) with C-l and C-2 uses, which they did, thus, the purpose of hearing it this date.

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board and informed them as to what had transpired up to this point regarding the above stated request.

After discussion occurred concerning the case, a motion was made by Commr. Windram and seconded by Commr. Bakich to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-l and C-2 uses.

Commr. Swartz questioned whether said request included the railroad right-of-way, to which Mr. Richey stated that, at the time the Planning and Zoning Commission considered the request, his client did not own the railroad right-of-way, therefore, the Planning and Zoning Commission deleted it from the request, however, he requested that it be included in the motion, as it is included in the legal description.

Mr. Stubbs informed the Board that the entire legal description that was advertised included the railroad right-of-way. At this time, the Chairman called for a vote on the motion, which was carried.

Commr. Swartz voted "No".

PUBLIC HEARING #159-89-4 R-l-7 TO CP WITH C-l AND C-2 USES

KEN SPARKS

Mr. Gregg Stubbs, Acting Director of Development Coordination, stated that staff was recommending denial of this request, due to the fact that the request is not compatible with surrounding land uses, which are predominantly residential in nature, nor is it compatible with Policy 6A of the Land Use Element of the Comprehensive Plan, as well as the fact that it proposes a .5 acre commercial parcel centrally located within an established residential neighborhood served by highly limited access.

Ms. Catherine Hansen, representing the petitioner, appeared before the Board, stating that the property in question does have some residential homes around it, however, it does have an equal, if not larger, amount of commercial. She stated that it does not have frontage on Hwy. 435, however, the property between it and Hwy. 435 is zoned CP (Planned Commercial). She stated that, if this request is approved, it will give more depth to said property.

Commr. Bakich questioned the fact that, if this request is approved, whether the two properties alluded to earlier will be combined, thus, giving highway frontage, to which Ms. Hansen stated that this was correct.

The Board then reviewed a map with Ms. Hansen, discussing the two sites alluded to above.

Ms. Becky Coggins, owner of a piece of property south of the property in question, appeared before the Board, in opposition to the request, stating that her home faces said property, and questioned whether she would benefit from a commercial zoning at said location. She stated that, if the Board allows second block commercial, then she will be alright, however, if they do not, then she will have residential facing either the back, or the front, of the shopping center scheduled for the property in question.

Discussion continued regarding the request, at which time Commr. Swartz stated that he felt said request should be postponed until the problems alluded to, during the discussion, could be resolved.

A brief discussion occurred regarding the poor quality of the site plan maps, which the Board and staff have to work with, at which time it was noted that staff would do everything possible to improve the quality of said maps, for future use.

Ms. Annette Star Lustgarten, County Attorney, gave input at this time, regarding the fact that the language in the CP zoning district requires that a development plan, drawn to scale, and other pertinent information, be available to be considered, at the time the zoning application is considered.

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 denied a request, without prejudice, for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) with C-l (Rural or Tourist Commercial) and C-2 (Community Commercial1 uses, to allow a retail shopping center on said site.

PUBLIC HEARING #16U-89-4 R-l-7 TO CP WITH C-l AND C-2 USES

ELZIE H. COX

Ms. Catherine Hansen, representing the petitioner, was present in the audience to answer any questions there might be, however, did not approach the podium to speak.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied, without prejudice, a request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial), with C-l and C-2 uses, to allow commercial uses on said site.

PUBLIC HEARING CUP#89/8/1-4 CUP IN LM BOBBY ROLLINS

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

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in LM (Light Manufacturing), to allow a mobile home, rather than a travel trailer (recreational vehicle), to be used as a caretaker's residence for an existing enterprise.

Commr. Bailey was not present for the vote.

PUBLIC HEARING CUP#89/8/5-4 CUP IN A JORDAN ISERMAN

Ms. Mary Ashley, petitioner, appeared before the Board to discuss the request, stating that she needs at least 1,500 sq. ft. of space, due to a need for storage space needed to store large pieces of equipment that are required in her type of business.

Commr. Windram stated that, in his opinion, this business (having 1,500 sq. ft. of enclosed area) cannot be classified as a home occupation. He then suggested postponing action regarding this request for 30 days, in order to enable the Board to review the property, and building, in question.

Mr. Jeff Ashley, husband of the petitioner, appeared before the Board questioning whether the Board would consider approving a request for LM (Light Manufacturing), rather than CUP in A, to which the Board stated that they would have to look at the property before making any such decision.

At this time, Ms. Annette Star Lustgarten, County Attorney, informed the Board that if, in fact, the petitioners desired to go to another zoning classification, they would have to file another application and start the process all over again. It was noted that the petitioners would have to do so by Wednesday, September 20, 1989, and would also have to apply for a caretaker's residence, along with the rezoning, which would be a CUP for a caretaker's residence in LM (Light Manufacturing).

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved to postpone any action regarding this request until October 17, 1989, at 2:00 p.m., or as soon thereafter as possible.

PUBLIC HEARING #156-89-4 R-l-7 TO CP B. G. ANDERSON

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that his client was asking the minimum amount that the Board can give on a rezoning request, which is CP (Planned Commercial) with no uses and no site plan, in order to allow his client to put together a commercial property and come back to the Board, at a later date, with a specific use and site plan. He stated that his client cannot do this with the present zoning of R-l-7.

Discussion occurred regarding the property in question, at which time Commr. Swartz was questioned as to whether he would approve a C-l or C-2 type zoning, to which he stated that, logically, some of the property in question might be appropriate to be zoned into commercial, and when the applicant can come back with some type of site plan for the project they want, and it is in compliance with the County's zoning regulations, he would certainly consider it at that time.

Ms. Annette Star Lustgarten, County Attorney, gave input at this time regarding how the Florida Statutes addresses the site plan issue.

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

Commr. Swartz voted "NO".

PUBLIC HEARING #150-89-4 A TO MP WITH LM USES

CSX TRANSPORTATION

Ms. Catherine Hansen, representing the petitioner, appeared before the Board and submitted a site survey for the Board's review.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to MP (Planned Industrial), with LM (Light Manufacturing) uses, to allow a mini-warehouse facility on the site.

Commrs. Bakich and Swartz voted "No".

PUBLIC HEARING #139-89-3 A TO R-l-5 ROBERT D. BURKE

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 denied, without prejudice, a request for rezoning from A (Agricultural) to R-l-5 (Mobile or Mixed Residential) zoning district, to create two (2) one acre tracts for conventional single-family residences or mobile homes.

RECESS & REASSEMBLY

At 3:45 p.m. the Chairman announced that the Board would take a five minute recess.

WEKIVA RIVER PROTECTION AREA AMENDMENT WORKSHOP

ENVIRONMENTAL SERVICES (CONT'D.)

Commr. Gregg reviewed what the Board had consented to do, regarding the Wekiva Amendment, prior to recessing for lunch. He stated that the consensus was to take the yellow and red areas (on the map) out of the urban compact node, thus, moving the boundary lines more to the west, and to leave in the green area.

Mr. Mike Szunyog, Director of Planning, reappeared before the Board and reviewed changes which had been made to Ordinance No. 1989-3, the Wekiva River Protection Area Comprehensive Plan Amendment, as well as the Amendment to Development Regulations, as recommended by the Planning and Zoning Commission, at their workshop on September 6, 1989, as follows:

1. To delete "and easements for ingress and egress" from the definition of Net Acre (both amendments), which means that these easements would not be subtracted from the total area of a parcel for the computation of net acreage.

2. That separate point systems be developed for the following:

- Residential development in the Protection Area and within the urban node (at a higher possible density).

- Commercial development within the Protection Area and within the urban node.

- Commercial development within the Protection Area, but outside the urban node.

3. To re-evaluate the points allocated to PUD's which are not located in wetlands or environmentally sensitive areas (to increase the number of possible points).

4. To move the eastern urban node boundary west to include only the Emerald Springs Country Club PUD, and also eliminating land south of SR 46 and north of the beltway alignment, east of the beltway access road.

5. Review the PUD submittal requirements to eliminate the engineering and technical data which are not directly related to the point system.

Considerable discussion occurred regarding Change No. 1, requesting to delete "and easements for ingress and egress" from the definition of Net Acre, for both amendments, at which time Commr. Swartz suggested, under Section G, of the Amendment, where easements would create a situation of less than 12,500 sq. ft., that that easement not be deducted from the total footage, thereby, still allowing one to build on the site, with a minimum of 12,500 sq. ft. Concerning Change No. 2, requesting that a separate point system be developed for the following: (1) residential development in the Protection Area and within the urban node (at a higher possible density); (2) commercial development within the Protection Area and within the urban node; and (3) commercial development within the Protection Area, but outside the urban node, Mr. Szunyog stated that it was felt that within the urban node, residential should be allowed to go higher than the one unit per net acre limit that is in the present policy, and that there should be some criteria for additional commercial development, both within and outside the urban node that is within the protection area. He stated that the County has a difficult time getting agreement from the Department of Community Affairs (DCA) with the commercial that the County presently has within the protection area.

Commr. Gregg questioned whether staff had gotten any reaction out of WA, concerning the urban node and allowable densities, as he stated that the Act is rather vague concerning said issue, to which Mr. Szunyog stated that he had not.

Mr. Steve Richey, Attorney, addressed said issue, stating that in Policy II, of the proposed Comprehensive Plan, it talks in terms of concentrating urban densities and uses in the five or six urban nodes alluded to, and talks specifically about the Mt. Plymouth urban node. He stated that the Planning and Zoning Commission, based on suggestions from the audience, felt like the two acre commercial parcel within that urban node was not really what they

were talking about - that it was better to concentrate those densities, and the way to do that was to do a point system. He stated that staff sold the Planning and Zoning Commission, as well as other individuals that were present, on the idea of a point system for commercial, which would allow a greater than two acre commercial development in the area, as amended by the Board this date. He stated that he was present on behalf of the East Lake County Chamber of Commerce, who was one of his clients, and that they support the idea of allowing commercial properties in their community to have the ability to grow beyond just two acres. He further stated that he did not see how this could be done in the present context of the Wekiva Protection Act, unless the Board does what Commr. Swartz alluded to earlier. He stated that it would appear to be better to have a five acre tract of property zoned commercial, with performance standards and a point system, rather than an arbitrary two acre parcel somewhere pushing an intensive commercial use on it.

Commr. Swartz commented on Mr. Richey's remarks, stating that, in his opinion, whether the County goes to a point system or not, it is absolutely mandatory that the County put together a future land use map for the urban node in question.

Further discussion occurred, at which time Commr. Gregg stated that he wanted to clarify the fact that what the Board was talking about was eliminating the two acre parcels at the intersection of Hwy. 43A and 436, and consolidating all the commercial in that urban node.

Commr. Gregg questioned how long it would take for staff to establish a point system for commercial in the urban node, to which Mr. Swanson responded approximately two weeks.

Commr. Swartz then questioned how long it would take to put together a land use map within said urban node, to which Mr. Swanson stated that this would be a little more difficult to accomplish, however, he stated that staff could have the existing land use map, plus a separate map for the Wekiva area, for the Hoard's perusal by the October 3, 1989, Board Meeting.

Mr. Swanson suggested that the Board establish a date for the public hearing, for final adoption of the Amendment, allowing 30 days for advertising, due to changing development regulations, which will put the public hearing sometime in November.

Ms. Annette Star Lustgarten, County Attorney, commented, stating that what the Board will be doing will be considering two things, (1) amendment to the Comprehensive Plan, which has certain advertising requirements, and (2) considering an ordinance amending the County's subdivision regulations, which is, essentially, an amendment to the County's zoning code, which will require two public hearings (after 5:00 p.m.), due to it affecting more than 5% of the acreage of the County, as stipulated in Chapter 125 of the Florida Statutes. She stated that the Board needed to consider the amendment to the Comprehensive Plan, and the second hearing on the amendment to the Land Development Regulations, at the same public hearing, so that they can both be adopted at the same time, for transmittal to the State. She stated that the Board will have to have one public hearing, before the final public hearing, on the Comprehensive Plan, to consider the amendment to the Land Development Regulations. She noted that the time frame between the two public hearings should be one to two weeks. She also stated that a lot of the issues discussed this date, will need to be resolved at the first hearing concerning the amendment to the Land Development Regulations, because that is the implementing ordinance regarding the Comprehensive Plan.

Commr. Swartz suggested putting together some information and sending it to the Department of Community Affairs, informing them of things which are being considered, with regard to what the Board is looking at, at this time.

Ms. Hansen commented, from the audience, stating that under the conservation element, there were a few things that she would like to see addressed, or perhaps worked on, before the next workshop meeting, being: (1) the TDR's, (2) conservation easements, (3) tax incentives to prevent development, and (4) a tax referendum. Commr. Swartz suggested that Ms. Hansen make some notes, with suggested language, and submit it to the Board, as well as to staff, for action.

Mr. Swanson informed the Board that the Wekiva River Protection Area Comprehensive Plan Amendment should have been adopted at the beginning of April, 1989, thus, have far exceeded the date for passage of same, therefore, questioned whether the first public hearing could be held, in the interim, regarding the Comprehensive Plan Amendment, and then, perhaps, schedule the Zoning and Land Development Regulations public hearing, to which Ms. Lustgarten stated that the advertising process could be started, for the amendment to the Land Development Regulations, and have a workshop in the interim.

Mr. Al Thelen, County Manager, stated that one of the dates could possibly be October 10, 1989, if staff could have the work produced that was generated this date, so that the workshop could be held during the afternoon of said date.

It was noted that the first hearing (a workshop meeting) would be scheduled for Tuesday, October 10, 1989, at 2:00 p.m., with the final public hearing to be set by Ms. Lustgarten at a later date.

BUDGETS/COUNTY MANAGER

Mr. Al Thelen, County Manager, informed the Board of some changes that needed to be made to some of the County Manager's accounts, stating that, rather than having the $12,000.00, for his automobile, come from the Professional Services Account, he stated that it needed to come from several minor accounts, such as books, publishing, and public service fees, as an error was made in the budget and it needed to be corrected.

Commr. Bakich commented regarding the error, stating that it was unacceptable, and informed staff as to what they need to do in the future regarding the budget.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved for said line items to be transferred, between the accounts alluded to by Mr. Thelen, for purchase of his vehicle.

BUDGETS/COUNTY ATTORNEY

Mr. Al Thelen, County Manager, brought to the attention of the Board the need to transfer $12,850.00 from some insurance accounts, rather than from Professional Services (which had previously been done), to the County Attorney's Office Account, regarding salaries and fringe benefits for same.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for a budget transfer, in the amount of $12,850.00, in reference to the County Attorney's Office, as stated above.

PUBLIC WORKS/ROADS-COUNTY & STATE

Commr. Swartz brought to the attention of the Board a letter, received from the Department of Transportation, requesting project priorities from the Board, by September 29, 1989. He stated that he had two priorities to forward to them, being: (1) the four-laning of Hwy . 19 South, at least to the Howey-in-the-Hills bridge, and (2) the northern by-pass concept, possibly coming somewhere out of south Ocala or Belleview, thus, taking traffic off of Hwy. 27/441.

Commr. Gregg directed said letter to Mr. Jim Stivender, Director of Public Works, for input regarding any priorities which his department may have, to be coordinated through Mr. Al Thelen, County Manager, before submitting to the Department of Transportation.

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

C.W. "CHICK" GREGG, CHAIRMAN

JAMES C. WATKINS, CLERK

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