BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 21, 1989

The Lake County Board of County Commissioners met in regular session on Tuesday, November 21, 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 (arriving at 9:25 a.m.). Others present were: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager: Ava Kronz, County Manager's Assistant; and Toni M. Austin,

Deputy Clerk.

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

MINUTES

Discussion occurred regarding the Minutes of October 31, 1989, with Commr. Swartz requesting the following changes:

Page 1 - spelling of "silvaculture"

Page 3, Line 33 - ll... commercial/industrial shall not be permitted..."

Pages 17, 18, 19, and 22 - Deleting comments made in parentheses pertaining to the audience.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the Minutes of October 31, 1989, as amended.

Commr. Bailey was not present for the vote.

Discussion occurred regarding the Minutes of November 7, 1989, with Commr. Gregg requesting the following changes:

Page 37, after line 6 - To include that the consensus of the Board was unanimous to follow the policy indicated, in reference to financial advisors.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the Minutes of November 7, 1989, as amended.

Commr. Bailey was not present for the vote.

COUNTY EMPLOYEES

Commr. Gregg presented retirement plaques to the following employees, and extended appreciation for their service to Lake County:

Lillian Stiffler - 10 years service - Custodial Section (accepted by Frank Woodson, Maintenance Supervisor)

Colby Odum - 30 years service - Public Works Department

CLERK OF THE COURT'S CONSENT AGENDA

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved Tabs 8-15, for the following requests:

Accounts Allowed

Request for payment of Warrant #113837 through Warrant 11114157, for the following accounts:

Landfills General Revenue

Northwest Fire District Mosquito Control

Mt. Plymouth Fire District Paisley Fire District

County Transportation Trust Section 8

Countywide Library Road Impact

Countywide Fire District Law Library

Emergency 911 Fund Fine & Forfeiture

Pasco Fire District South Lake Fire District

Aquatic Weed Capital Outlay

Private Industry Council Certificate of Indebtedness

Bassville Fire District Northeast Ambulance

Northwest Ambulance

Accounts Allowed/Courts-Judges

Request to approve and authorize proper signatures on the Satisfaction and Release of Fine, Case No. 204-86, Code Enforcement, in the amount of $750.00, from Walter B. Kaminski, Jr.

Request to approve and authorize proper signatures on the Satisfaction of Judgment, Case No. 872-CJ, in the amount of $50.00, from Terry M. Washington and Betty Washington.

Accounts Allowed/Assessments/Subdivisions

Request to approve and authorize proper signatures on the following Satisfaction of Assessment Liens:

Harbor Shores/Pine Island

Joseph A. & Georgia Borho $582.63

Chris L. L Carol A. Wieland 594.27

Mt. Plymouth

Merle Wise $645.76

Billy Wayne Charlton L Cindy Charlton 640.69

Billy Wayne Charlton L Cindy Charlton 600.66

Kenneth Waller, Sr. 663.04

Woodland Hills/Piney Woods

Stephen L Pamela Williams $324.81

South Corley Island

Mary L. Beet, Lonnie L. L Loren Liston

heirs of Louise P. Liston 913.68

Astor Forest Campsites

John L. & Mary L. Taylor $1,195.97

W. D. & Frances S. Hogg, Charles &

Rochelle Brigiance and E. H. &

Betty Sue Cox 1,216.04

John L. & Mary L. Taylor 1,195.97

M. G. Young Estates 1,195.97

M. G. Young Estates 584.38

Reece M. Thomas 1,250.00

Allen Road

Grady A. Smith, III & Nancy L. Smith $1,169.90

Clarence & Bettye Kercher 890.10

Bidford Construction Co., Inc. 890.10

Thomas Leroy Smart & Eva Joyce Smart 890.10

William L. Bailey & Margaret J. Bailey 890.10

Harold D. Whitten, Sr. 890.10

Donald A. & Doris L. Peters 890.10

Victor Lee Bailey & Emma Jean Bailey 890.10

Country Club View Subdivision 1st Addition/Overton Drive

Bobby & Ruth Hollingsworth $317.13

St. Johns Waterfront Estate

Garland Cochrane $440.71

Springs Bath & Yacht Club/Western Shores (Clara/Linda)

Robert Fraiser Miller $964.57

Sorrento Shores Subdivision

Daniel E. & Roxy Ann McFall $2,047.32

S & K Realty 2,155.40

Hilltop Subdivision (Moore)

Rev. Walter & Doris M. Kufeldt $732.02

Municipalities/Resolutions/Zoning

Request to acknowledge receipt of Resolution 89-11-14, expressing the City of Groveland's concern of the possible construction of an egg producing farm in Lake county, South of this City.

Municipalities/Planning & Development/Resolutions

Request to acknowledge receipt of, Resolution 8916, from the City Council of the City of Apopka, Florida, supporting the S.R. 500 (US 441) Northwest Orange County By-pass, recommendations of a preferred alternative to a "Constrained Facility" and requesting that Orlando Urban Area Metropolitan Planning Organization (MPO) and Florida Department of Transportation (FDOT) support SR 500 (US 441) Northwest Orange County By-pass.

Accounts Allowed/Reports

Request to acknowledge receipt of the Monthly distribution of Revenue Traffic/Criminal Cases for the month ending October 31, 1989, in the amount of $143,177.25.

Reports/Jails/Sheriff's Department/State Agencies

Request to acknowledge receipt of the Second Annual Follow-Up Inspection Report, Lake County Jails, (Main and Annex), dated November 1, 1989, received from the Florida Department of Corrections.

State Agencies

Mr. James C. Watkins, Clerk, stated that the following had been supplied for the Board's information:

Notice of Public Hearing, Rule Chapter 9G-16, Narcotics Control Assistance Program, advising that the Department of Community Affairs, Division of Emergency Management, Bureau of Public Safety Management, will be conducting public hearings concerning the promulgation of Rule Chapter 9G-16, Florida's Narcotics Control Assistance Program.

ACCOUNTS ALLOWED/CLERK/REPORTS

On a motion by Commr. Windram, seconded by Commr. Swartz and carried, the Board approved to acknowledge receipt of the State Report and check for unused fees and unspent budget monies, in the amount of $478,912.00, from James C. Watkins, Clerk.

Commr. Bailey was not present for the vote.

Discussion occurred regarding the memorandum submitted by Mr. James C. Watkins, Clerk, requesting the Board's consideration of two projects, one involving office space, and one involving the upgrading of hardware and software packages.

Commr. Swartz suggested that a complete review be made of the current rental situation, in relation to the County space study, and the year end audit, before commiting the funds.

Mr. Watkins stated that the suggestion made, regarding the the trade of land, may be a way for the School Board to accomplish its concern for the safety academies. He further stated that eventually the computerization will take place.

Mr. Al Thelen, County Manager, stated that the School Board will be meeting with the Board on December 5, 1989, to discuss the recommendations being made by Mr. Watkins. Mr. Thelen stated that he did feel that the needs are critical, and should be addressed as soon as funds are available, and a plan is made available.

COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding the requests being made by the County Departments, with the understanding that, if the request is conditional, it will need approval in a separate motion.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Tabs 18-30, as follows, with the exception of Tab 20:

Accounts Allowed/Public Health

Request for authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $25,539.14; Medicaid Nursing Home re-bill, in the amount of $275.00; Medicaid Hospital bill, in the amount of $30,630.97; and the hospital re-bill, in the amount of $2,240.07.

Bonds/Planning & Development

Request to release a maintenance bond on Green Meadow Lane.

Accounts Allowed/Road Projects

Request payment #2 for Project #3-89, C-452A Extension (Eustis By-pass), to Asphalt Pavers, Inc., in the amount of $40,333.50.

Accounts Allowed/Road Projects

Request payment #lO for Project No. 6-88, C-473, to Trac Roadbuilders, in the amount of $86,340.60.

Municipalities/Roads-County & State

Request from Mount Dora Community Trust to close off Old 441, between Donnelly and Baker Streets, on December 3, 1989, between 4:30 and 7:30 p.m., for the "Lighting of Donnelly Park".

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following Right-of-Way Deeds:

For Road Project:

Eileen Bayliff #l-7611 Lake Griffin Road

James Cottom #l-7611 Lake Griffin Road

Leesburg Western World, Inc.,

a Florida Corp. #l-7611 Lake Griffin Road

For Site Plan:

David M. Daughtery Highway #46

Road Closings - Permission to Advertise

Request to advertise Road Vacation Petition No. 565, for William E. and Amber D. Sillery, to vacate street, Treasure Island Shores.

Request to advertise Road Vacation Petition No. 566, for Robert E. Lee (Mr. Taylor), James Oliver (Orange Blossom Realty), to vacate portion of easement, Orange Blossom Gardens, Lady Lake area.

Request to advertise Road Vacation Petition No. 567, for Franklin D. and Janet McClenny, to vacate Coldstream Street and lots, Mount Plymouth area.

Request to advertise Road Vacation Petition No. 570, for Jerry Fuller, to vacate utility easement, Raintree Harbor, Eustis area. Request to advertise Road Vacation Petition No. 571, for James Albright (Albright's Kennel), to vacate roads and lots, Phillipsburg plat.

Request to advertise Road Vacation Petition No. 514, for Tim and Linda Gwaltney, to vacate unnamed roads, plat of Lisbon, Lisbon area.

Accounts Allowed/Roads-County & State/Resolutions/Subdivisions

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for final approval of Clar-Mart Subdivision: to accept an Irrevocable Standby Letter of Credit, in the amount of $3,430.00; to accept the following roads into the County maintenance system: Clara Street (4-6487) and Martin Street (4-6387).

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY/OUTDOOR

RECREATION

Discussion occurred regarding a proposed Interlocal Agreement between Lake County and the Water Authority regarding the design, maintenance, and repair of the boat ramps throughout Lake County.

Mr. Jim Stivender, Director of Public Works, informed the Board that the permit has been received for the Marsh Park boat ramp, and the request will be brought before the Board in December. He further stated that staff has met with the consultant, regarding Singletary Park and the Tavares Recreation Park, with the consultant coming back next week with RFP details, and with contracts being brought to the Board in December. Mr. Stivender stated that, once the parks are under contract, the consultants will provide the design to staff, with the Game and Fish Commission installing the ramps. He stated that no interlocal agreements are needed for these projects.

Commr. Swartz suggested that, should the Board consider enacting an interlocal agreement, the RFP's be worded in such a way that they can be tranferred to the Water Authority, for the completion of those projects.

Mr. Al Thelen, County Manager, stated that the Water Authority Board was supporting this action. Mr. Thelen further stated that a job description has been considered for someone in the management capacity to coordinate all of the projects.

Commr. Gregg stated that, if the staff has the projects under control, the agreements are not necessary.

Mr. Thelen stated that the Water Authority has had a problem over the last two years, with appropriating over $lOO,OOO.OO to be matched, and with $180,000.00 being lost.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

Commr. Bailey made a motion, which was seconded by Commr. Bakich, to approve the request to specify that the terms of members of the Lake County Library System Board be October 1 to September 30 of the appropriate years.

Under discussion, Commr. Swartz requested that the ordinance be reviewed, in order for the by-laws and ordinance to coincide.

The Chairman called for a vote on the motion, with the motion being carried.

Commr. Windram was not present for the vote.

ROAD CLOSINGS

PETITION #562 - Trails of Montverde Sub. - Montverde Area

Ms. Cecelia Bonifay, Attorney representing Lykes Development Corporation, appeared before the Board and stated that, if the Thoroughbred right-of-way is closed, her client's tract will lose its access. Ms. Bonifay discussed the County's present policy, which calls for the extension of roadways. She stated that, should the Board approve the request, which would involve a change in policy, that appropriate public notice be made for public hearings on the issue.

Mr. Jerry Lockett, representing Highland Groves, appeared before the Board to discuss the request, and to present a proposal involving Fosgate Road. He stated that, if the Board approves the request, his client will lose access, and proposed that, when the County surface treats 'Fosgate Road, that the additional .57 miles also beg surface treated, which will give his client access.

Commr. Swartz stated that the paving issue brought before the Board by Mr. Lockett does not affect the decision of the Board for access and right-of-way, and went on record saying that the County would normally require the client, or developer, to pay for the paving.

Former Commr. Claude E. Smoak, Jr., appeared before the Board and stated that the public right-of-way, and the way that it shows up on the aerial, is exactly the same as literally hundreds of miles of roads in the County, where there is no public documentation of record, and simply prescriptive easements that have been used by the County.

Mr. Smoak suggested that the County consider impact fees in this area.

Commr . Swartz stated that the County has a policy that says the County will provide for some of the interconnections between some subdivisions, and that it will require action by this Board to interconnect, and at this point, he felt it would be opposite the actions taken by staff, to approve to vacate the access. He further stated that he is not in favor of closing the right-of-way.

Commr. Bailey made a motion, which was seconded by Commr. Bakich to approved the request to vacate said right-of-way.

Ms. Annette Star Lustgarten, County Attorney, stated that the County is not obligated to provide access to property owners. She stated that the basis for the Board's decision has to be whether it no longer is necessary for a public purpose.

Commr . Bakich stated that the County needs to look at access from Triple E through the property owned by Lykes, in order to allow them proper access.

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

Commr . Swartz voted "no".

PETITION #568 - James C. Snowberger, et al - Forest Hills Area

No one appeared in opposition to the request.

Ms. Carol Snowberger, applicant, appeared before the Board and submitted a signed petition by the surrounding property owners, who approve of the request.

Commr . Bakich made a motion, which was seconded by Commr. Windram, to approve to vacate roadways, all of 1st Avenue (Part 11, end of 9th Street (Part 2), Forest Hills area.

Under discussion, Commr. Swartz suggested that, when this comes in for a site plan review, that provision of access be considered from the side road, rather than access onto CR 42.

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

PETITION #569 - Douglas W. Braun - Leesburg Area

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 approved Petition No. 569, for Douglas W. Braun, to vacate plat, Sunnyside Park, Leesburg area.

ACCOUNTS ALLOWED/BIDS/AMBULANCE-HOSPITAL DISTRICTS

Mr. Lonnie Strickland, Director of Health and General Services, stated that the low bid submitted for the purchase of three ambulances did not meet County specifications.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award County bid #021-070-090 Ambulances to Aero Products, Inc., in the amount of $51,563.00 each, and to authorize the purchase of three ambulances. It was noted that this was the lowest bid meeting County specifications.

CONTRACTS, LEASES & AGREEMENTS/EMERGENCY MANAGEMENT/STATE

AGENCIES

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request and authorized proper signature on the State Agreements with DOT providing access to the Florida Turnpike by Lake County Emergency Services near Highways 33 and the Turnpike, and 445 and the Turnpike.

PLANNING & DEVELOPMENT/SUBDIVISIONS/ENVIRONMENTAL SERVICES

Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that the request is a proposed development of 15 lots in RR zoning located 600 feet east of US 27 on Sullivan Road on Shepherd Lake, in Commission District 3. The project was granted formal approval by the Subdivision Advisory Committee on August 11, 1988, preliminary approval by the Planning and Zoning Commission on November 23, 1988, and preliminary approval by the Board of County Commissioners on February 7, 1989. Mr. Swanson stated that the roads will be private, therefore, a maintenance bond is not required, and recommended approval.

Senator Richard Langley, representing the subdivider, appeared before the Board and stated that the legal problem regarding ownership on the lakefront has been resolved.

Senator Langley stated that, in regards to the Wekiva, he had spoken to the Department of Community Affairs, and indicated that he would consult with each of the Board members asking them to cooperate with DCA on placing a moratorium on the Wekiva development area, until such time as an agreement can be made with DCA.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final approval of the Lake Shepherd Victorian Estates plat.

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the request from Sheriff George E. Knupp, Jr., for the transfer of $1,560.00 from the General Revenue Fund, to the Law Operating Budget, with monies coming from Concealed Weapons License Applications.

Commr. Bailey and Commr. Windram were not present for the vote.

BUDGETS/SHERIFF'S DEPARTMENT

Captain Lawrence Chester, Lake County Sheriff's Department, appeared before the Board to answer any questions that the Board might have regarding the purchase of a new radio system for the Sheriff's Department, from the Department's excess fees for FY 88/89, which were returned to the Board.

Commr. Bakich stated that the radio system was definately needed, but until the County has a better understanding of the final audit, he did not feel that the funds should be utilized, at this point in time.

Commr. Swartz suggested that, before the Board approves funding any system, it look at it comprehensively, with regard to fire and EMS, and the Sheriff's need for communication. He did not feel that the Board could fund separate operations before then.

Mr. Al Thelen, County Manager, stated that he felt the need for the County to review this request, along with the ones presented earlier by the Clerk. He suggested that the Board wait until January 1, 1990, and review a list of priorities, for the use of the funds.

At this time, it was noted that no action was needed.

Commr. Swartz suggested that the Chairman create an ad hoc committee, from the different County offices, to review the process of prioritizing the needs of the County.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the request to award Project #ll-89, Spring Lake Road to Trac Roadbuilders, Inc., in the amount of $210,153.40, low bid.

Commr. Bakich was not present for the vote.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Bid #022-991-090 Countywide Aerial Photography to Atlantic Aerial Surveys, Inc., in the amount of $46,943.00, which was the best bid.

ORDINANCES/PUBLIC WORKS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final approval of the 1989-90 Road Impact Fee Program, as submitted by Public Works, and recommended by the City and County representatives of the road impact committees.

ROADS-COUNTY & STATE/PUBLIC WORKS

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for final approval of the 1989-90 Road Program utilizing County Transportation Trust Funds.

PLANNING & DEVELOPMENT/ORDINANCES/ZONING

Commr. Gregg discussed his meeting with the Department of Community Affairs regarding transportation impact fees. He stated that, basically, the only changes that were arrived at related to TDR's going throughout the basin, and whatever the present zoning is, the County would allow the landowner that many TDR's. However, the density in the St. Johns' protection zone would be l-40 net, and l-10, using the point system. The intermediate area, between the.boundary of the protection zone and the boundary of the urban node, that was established at the last hearing, would be l-20, and using the point system, up to l-5, and using TDR'S that could be received in that area, up to l-l, speaking in net terms for all. There was a minor change in the urban node, to allow 5 l/2 units per acre. It will assure the property owner that, if he is zoned rural residential now, but is not platted, that he will be given TDR's on the basis of l-l.

Ms. Annette Star Lustgarten, County Attorney, stated that the way that the proposed amendment is presently drafted, there is a time frame that, if there is a particular zoning in place, or a site plan has come through the process, the County has been asked not to allow any development approval, and in order to accomplish this, the Board will need to formally enact a moratorium ordinance, or at such time that a land use plan amendment is adopted and submitted to the State, and is in compliance with the Wekiva Protection Act. At this time, she reviewed the procedures for the public hearings. Ms. Lustgarten stated that she will need a motion from the Board to go forward to draft such an ordinance, with the first public hearing being on December 5, 1989, at 5:05 p.m., and the second hearing December 19, 1989, at 5:05 p.m. She stated that the projects in process will be permitted to move forward based on the policy that is in place, until such ordinance is approved to be drafted. At this time, clarification was made on the difference between

property that is platted and property that is zoned.

Mr. Steve Richey, Attorney, appeared before the Board and stated that he will be requesting a 30 day continuance of LPA 88-l-3, Greater Construction, at 5:05 p.m. today, because a pre-application conference was to be held yesterday on the PUD, but the meeting was not held, due to other scheduled meetings.

Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that Hunter Services, Inc. will address changes made in the transportation impact fee ordinance.

Mr. Tom Jackson, Hunter Services, Inc., appeared before the Board and presented an overview of the changes, which included the.mixed use issue; a reflection of 85% of the gross impact fee; the

inclusion of a construction cost index; an update of the statutory

references; the issue of level of service standards, C & D; and the

issue of affordable housing.

Ms. Jean Kaminski, Executive Director of the Home Builders

Association, addressed the Board to discuss the amended ordinance

approved in 1985, which exempted greenhouses, shade houses, etc., in

relation to agricultural exemptions.

Ms. Lustgarten addressed the issue of the five cities opting

out from the County ordinance, with the County being able to

challenge any city on their position to do so.

Commr. Swartz suggested that the concept of higher density be

reviewed once again, which does not reduce the amount of fees

received to provide the roads for that growth, but does allow the

developer to have an affordable unit.

It was the consensus of the Board to direct the staff to

proceed with the proposed transportation impact fee ordinance, as

soon as possible, to meet the allowed timetables, with Mr. Thelen

and Ms. Lustgarten indicating that the first public hearing would be

tentatively scheduled for December 5, 1989, at 5:05 p.m.

Ms. Kaminski urged the Board, in the initial adoption of the

proposed ordinance, to address affordable housing, and to consider

equality between mobile homes and single family housing, and the

payment of the impact fee at the time construction cost, rather than

the building permit.

Ms. Bonifay addressed the issue of mobile homes versus

conventional dwellings, and stated that, if the County wants to

encourage conventional construction, the fees need to be more

equitable.

Commr. Swartz stated that, when the proposed ordinances are

submitted to the Board for the public hearings, sometime during the interim, affordable housing can be addressed. He stated that the consultants could estimate the additional fees that would be required to do a local study, limited to residential and mobile home consideration, with the development of the information being considered through the adoption process, with the changes being made at that time. This would involve a change of the scope of services being supplied by Hunter Services, Inc.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to direct staff to supply the Board with the proposed ordinance, along with a proposal for additional fees for the consultants to consider Lake County's specific residential/mobile/conventional development.

Commr. Bakich was not present for the vote.

Commr. Gregg continued the discussion on the Wekiva Protection Area. He stated that the County still has the ability to place at least one house on a small parcel that has 12,500 square feet of high and dry ground, which is an understanding between the County and DCA.

Commr. Bakich stated his concerns regarding the transfer of TDR's outside of the basin area, and that he cannot support this until something comes back into the basin.

Commr. Gregg stated that he would like to see Ms. Lustgarten and the Planning staff develop requirements to restore the river banks, and for central sewer and water systems, with a time limit.

Mr. Swanson presented a map consisting of the existing criteria involving the protection zones.

Commr. Bakich suggested incorporating into the amendment the preservation of the urban bank.

Commr. Gregg stated that DCA did not mind the County taking time to prepare an amendment, as long as the County did not continue to hear cases, and indicated to DCA that he would agree to a moratorium. At this time, the Board was in consensus of drafting an ordinance for a moratorium on the Wekiva Protection Area.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the County Attorney to draft a moratorium ordinance dealing with land development within the Wekiva River Protection Area, and to bring it back to the Board, as soon as possible, through the public hearing process.

E-911

Commr. Gregg informed the Board that he has consulted with Mr. Bruce Thorburn, E-911 Coordinator, who stated that he has the ability to arrange a phone line, in order for the public to inquire as to the information being supplied for the E-911 system.

No action was needed.

COMMITTEES/SIGNS/ORDINANCES/ROADS-COUNTY & STATE

Commr. Bakich stated that he would like to see the Sign Committee move forward, with direction being given to Mr. John Swanson, Executive Director of Planning and Development, to check on the status of this Committee, along with the status of the frontage road ordinance.

JAILS

Commr. Gregg stated that there will be a groundbreaking for the Criminal Justice/Jail Facility, and suggested that the public be notified of such a proceeding, and directed Mr. Al Thelen, County Manager, to coordinate.

RECESS & REASSEMBLY

At 11:55 a.m., the Chairman announced that the Board would recess for lunch, and return at 2:00 p.m. for rezoning.

ZONING

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

CUP#89/10/7-2 James P. Gills 90 days

#210-89-2 F. Browne Gregg, Tr. 30 days

#212-89-2 Ecad A. Eldifrawi 30 days

LPA 88-l-3 Bob Mandell/Greater

Construction 30 days

PUBLIC HEARING #184-89-3 A to ER & AR Mary Ingram & Ted

Burleson

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 of Parcels "A", "B" and "C" to ER (Estate Residential), and Parcel "D" to AR (Agricultural Residential), to create 2 l/4 acre and 22,000 square foot residential homesites.

PUBLIC HEARING #169-89-3 R-l-7 to A or RA Robert and

Juanita Reed

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 rezoning from R-l-7 (Urban Residential) to RA (Ranchette), to allow agricultural uses on the site.

PUBLIC HEARING #171-89-3 R-l-7 to A Marvis & Vera Aleem

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 RA (Ranchette), to allow agricultural uses on the site.

PUBLIC HEARING #172-89-3 R-l-7 to A or RA David and

Helen Dennis

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 RA (Ranchette), to allow agricultural uses on the site.

PUBLIC HEARING #168-89-5 A to AR or RR Phoebe and

Helen Allicock

Mr. Benjamin Allicock and Mr. John Mathews were present to discuss the request for rezoning. Mr. Mathews reviewed the surrounding development in this area, and stated that he has a letter from each of the adjoining landowners in favor of the request.

Commr. Bakich stated that the surrounding area is predominently agricultural, and felt that, if the RR zoning was approved, this would be setting a precedent. Therefore, he stated that he would approve the AR zoning, which would allow 2 l/4 acre residential homesites.

PUBLIC HEARING #185-89-4 A to CP Clarence Dale

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), with C-l (Rural 071 Tourist Commercial) and C-Z (Community Commercial) uses.

PUBLIC HEARING #180-89-3 CP to A C. F. Bishop, Jr.

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

On a motion by Commr. Swartz, 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 CP (Planned Commercial) to A (Agricultural).

PUBLIC HEARING #176-89-2 R-l-7 to LM Zebulon & Louise Teeter

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

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to LM (Light Manufacturing).

PUBLIC HEARING #75-89-2 A to LM Kenneth & Faye Hyatt

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone this case for fifteen minutes.

PUBLIC HEARING CUP#89/8/3-5 CUP in R-l-7 Jack and

Rosemary Purdum

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in R-l-7 (Urban Residential), to allow a peat extraction operation for a future residential development.

PUBLIC HEARING CUP in RR Jack & Rosemary Purdum

Mr. Jack Purdum, applicant, appeared before the Board to discuss the recommended amendments. He stated that one of the amendments included removing excess soils from the property, but did not mention anything about the selling of the excess soils, and questioned whether or not this should be added. Mr. Purdum also discussed Section C relating to the right-of-way, and the setback requirements. He stated that he does not oppose the County widening the right-of-way when it makes improvements to the road, and., dedicating the land back, but feels that this would not be the appropriate time to dedicate the right-of-way. He stated that right now he wants to reslope the fence around the entire pit area.

Ms. Annette Star Lustgarten, County Attorney, stated that normally the right-of-way is dedicated at the time the permit is being granted, as a condition, and that it is difficult to bind a future property owner to a dedication of right-of-way, once that property has been conveyed.

Mr. Al Thelen, County Manager, stated that the County does have a recordable instrument (Agreement to Deed), that binds a future property owner, which has been used by the County on previous occasions.

Commr. Gregg stated that he would be willing to accept this recordable instrument, in lieu of the dedication of right-of-way, because the applicant is not developing the property at this time.

Commr. Windram made a motion, which was seconded by Commr. Bakich, for the Board to uphold the recommendation of the Planning and Zoning Commission and approve the request for a CUP in RR (Rural Residential), to allow re-contouring of the sand pit for future residential development, with the stipulation that the County will accept an Agreement of Deed, to be reviewed by Ms. Lustgarten, County Attorney, and as amended as follows: Page 1: "BACKGROUND" (add) "... and to remove excess soils from the property for sale." Page 16 - Section G: Delete "Surety Bond Requirement" Page 2 -Section

C: The applicant's fence will be allowed to remain in its current location until the County needs the land for right-of-way; at that time, the fence must then be removed.

Under discussion, Commr. Swartz expressed his desire to have the surety bond reinstituted into the conditions.

The Chairman called for a vote on the motion, with the motion being carried.

Commr. Swartz voted "no".

PUBLIC HEARING 1168-89-4 RR to C-2 or CP M. K. Citrus Limited

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to speak in support of the request. He presented a site plan, which consisted of a five acre tract, and stated that the plan only affects two acres, with the balance being used in the buffer.

Mr. Greg Stubbs, Chief of Development Coordination, discussed the reasons for staff recommending denial of the request, which involved road access.

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 the request for rezoning from RR (Rural Residential) to CP (Planned Commercial), as amended as follows: 1. Parcel is limited to C-l (Rural or Tourist Commercial) uses. 2. Commercial is limited to a site plan submitted indicating buffering on the north, south and east side of the property.

3. There is to be no access to SR 46, with the access roads being constructed to serve the platting of the RR property to the west.

4. The site plan will set forth the size of the building.; also including the wording that "the developer is agreeable to observing the County requirements as far as road improvement (accel and decel lanes at the intersection of SR 46 and the proposed entrance road."

Commr. Swartz voted "no".

PUBLIC HEARING #75-89-2 A to LM Kenneth & Faye Hyatt

Mr. Jim Lundquist, adjacent property to the north, appeared before the Board in opposition to the request, and stated that he was told by Mr. Hyatt that his operation would be strictly to transfer cargo, but instead turned out to be a truck terminal. He stated his concerns with the refrigeration noise, the hours of operation, and the odor, and requested that the Board deny the

request.

Mr. Leon Lenette, adjacent property owner, appeared before the Board in oppostion to the request, and discussed improper-notification given to the surrounding property owners, and the posting of the property for rezoning purposes. Mr. Lenette also stated concerns with the odors and type of operation being conducted by the applicant.

Mr. Buzz Bowen, Attorney representing the applicant, appeared before the Board to address the concerns of the audience. Mr. Bowen also directed the Board's attention to a petition in the file with approximately 60 01: more people in support of the request. He explained the operation in detail, indicating that it is not a truck terminal, but a distribution point, and is cool storage, and not frozen storage. Mr. Bowen stated that, when the site plan is completed, it will be an enclosed cold storage area, which will eliminate the noise. He further discussed the development of odors, and the process to eliminate those.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from A (Agricultural) to LM (Light Manufacturing), to formalize the existing use of the property as a trucking terminal, refrigerated storage and truck repair.

PUBLIC HEARING 11194-89-5 A to RE Laury & Billie F. Banks

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

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RE (Rural Estates), to Create 30,000 foot single-family residential homesites.

COMMISSIONERS

At 3:lO p.m., Commr. Gregg turned the Chairmanship over to Commr. Bakich.

PUBLIC HEARING #203-89-5 RR to A William H. Conderman

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

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to A (Agricultural), to incorporate a .7 acre parcel into an 11.93 acre agriculturally zoned parcel located to the south of the subject parcel to expand existing groves.

Commr. Gregg was not present for the vote.

PUBLIC HEARING #198-89-5 R-l-7 to AR Audrey G. Dixon

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

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-l-7 (Urban Residential) to AR (Agricultural Residential), to create 2.25 acre (minimum) residential single-family homesites.

Commr. Gregg was not present for the vote.

COMMISSIONERS

At 3:15 p.m., Commr. Bakich turned the Chairmanship back over to Commr. Gregg.

PUBLIC HEARING #207-89-5 A to CP James Glenn and

Carol Snowberger

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that the staff and the Planning and Zoning Commission have recommended denial of the request, due to it not being compatible with surrounding land uses, and is not in conformity with the Urban Containment Policy.

Commr. Bakich suggested that, if the Board denies the request, to do so without prejudice.

Ms. Carol Snowberger, applicant, appeared before the Board and submitted a petition with approximately 120 signatures in favor of the rezoning request. Ms. Snowberger stated that the people in this area are now having to travel to Volusia County for this type of service (automotive garage and tire shop).

Discussion occurred regarding changes in the CUP and MP ordinances, to be finalized by January, with Mr. Stubbs stating that he will have a report for the Board, at a later date.

Commr. Bakich suggested bringing the request back to the Board in 30-60 days, once a report can be completed by the Planning and Development staff.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board was indicating the development of a new zoning district, which will require an amendment to the zoning code, and the applicant would have to reapply for that zoning district and go through the entire process again.

On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), with C-2 (Community Commercial) uses, to allow an automotive garage and tire shop on the site, with staff expediting the necessary report for review by the Board, at a future date.

PUBLIC HEARING #204-89-4 A to RR Arthur Hutt

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

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to create one acre single-family residential homesites.

PUBLIC HEARING #201-89-4 R-l-7 to CP Catherine Hanson

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

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 the request for rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) with C-l (Rural or; Tourist Commercial) and C-2 (Community Commercial) uses.

Commr. Bailey was not present for the vote.

PUBLIC HEARING CUP#89/10-6-4 CUP in RR Coralan Harris

Mr. Clifford Shooker, chiropractor and recent purchaser of the property, appeared before the Board to discuss the request.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in RR (Rural Residential), to allow the establishment of a chiropractor's office on the site.

Commr. Bailey was not present for the vote.

PUBLIC HEARING #205-89-3 A to PFD John R. Prickett, Jr.

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

On a motion by Commr. Swartz, 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 PFD (Public Facilities District), to allow an administrative building with offices for hospice, along with support facilities for terminally ill (patient cottage/day care facility).

Commr. Bailey was not present for the vote.

PUBLIC HEARING #191-89-3 A to R-1-15 Halcyons Grove and

Land Co., Inc.

Mr. Kenneth Foster appeared before the Board in opposition to the request, and stated concerns about public safety, in relation to Tammi Drive. He further stated that he would like to review the site plan, which indicates the road access.

Mr. Greg Stubbs, Chief of Development Coordination, explained to Mr. Foster the rezoning procedures used by the County.

Mr. Amond Rosher appeared before the Board to discuss the requirements on ER zoning and building restrictions on Tammi Drive, and stated that he had concerns with the bridge and road conditions in this area.

Representation for the applicant indicated that they had no problem with the ER zoning.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to ER (Estate Residential).

Commr. Bakich was not present for the vote.

PUBLIC HEARING #189-89-3 A to RR Robert & Joan Stasio

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

Commr . Bakich was not present for the vote.

PUBLIC HEARING #206-89-3 A to RM James R. Loflin

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that the proposed development will consist of fifteen residences on 30 acres.

Commr. Bakich was not present for the vote.

PUBLIC HEARING #190-89-3 R-l-7 to AR Harold & Clara Baker

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 rezoning from R-l-7 (Urban Residential) to AR (Agricultural Residential), to allow one single-family residence (conventional construction), orange grove, pasture, sugar cane field and garden.

PUBLIC HEARING #200-89-3 A to M-l Viola Guthrie

Ms. Julie Rogers, real estate agent, appeared before the Board and stated that she had received information that the applicant's car had caught on filre. Therefore, she appeared to discuss the request. Ms. Rogers stated that she did not feel that the palrcel should be used fox residential, due to most of the surrounding area being wetlands and swamp. She further stated that the applicant had intended to use the property for storing rolloff containers for the garbage business. At this time, she stated that the buyers would agree to a CUP, MP or LM zoning. Ms. Rogers stated that the applicant had intended on supplying the Board with letters from property owners in favor of the rezoning.

Discussion occurred regarding denying or postponing the request until the applicant can appear to discuss the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for rezoning from A (Agricultural) to M-l (Heavy Industrial), to allow storage of trucks and equipment on site, for thirty days, until December 19, 1989, due to the applicant's misfortune.

PUBLIC HEARING #202-89-3 M-l to RE John & Julie Klepps

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 rezoning from M-l (Heavy Industrial) to RE (Rural Estates), to allow a 30,000 square foot residential homesite.

PUBLIC HEARING #195-89-2 AR to A Randy & Julie Soland

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR (Agricultural Residential) to A (Agricultural) to place one single-family residence (mobile home) on the site.

PUBLIC HEARING #196-89-2 C-2 & RP to MP Town & Country

Refuse, Inc.

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that the applicant failed to appear at the Planning and Zoning Commission meeting, and was not present at the meeting today.

Mr. Stubbs stated that the request was for an existing facility that is improperly zoned.

Commr. Gregg suggested postponing the request for 30 days, in order that Mr. Stubbs be able to contact the applicant to appear at the meeting.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to postpone the request for rezoning from C-2 (Community Commercial) and RP (Residential Professional) to MP (Planned Industrial) with M-l (Heavy Industrial) uses, for 30 days, until December 19, 1989.

PUBLIC HEARING #193-89-l RM to C-2 Kristie R. Helinger, Tr.

Mr. Steve Richey, Attorney representing the purchaser of the property , appeared before the Board to speak against the recommendation made by the staff and the Planning and Zoning Commission for CP (Planned Commercial) zoning. Mr. Richey requested that the Board approve the original request for C-2 (Community Commercial) zoning, and stated that 80% of the property in this area is already zoned C-2.

No one appeared in opposition to the request.

On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RM (Mobile Home Residential) to C-2 (Community Commercial), to allow commercial uses on the site.

PUBLIC HEARING #192-89-l RR to A Ronald C. & Brenda Burd

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

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to A (Agricultural), to allow the installation of one mobile home on the site as a single-family residence.

Commr. Windram was not present for the vote.

PUBLIC HEARING CUP#89/10/5-5 CUP in A Franklin D. Kauffman

Mr. Franklin D. Kauffman, applicant, indicated to the Board that he is familiar with the conditions placed on the request.

On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to allow a sludge treatment operation for fertilizer and irrigation purposes.

PUBLIC HEARING #199-89-5 A to CP Glenn A. Schwab

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

Commr. Bakich discussed the request and the surrounding zoning, and stated that he did not feel that the request for CP (Planned Commercial) with C-2 (Community Commercial) uses would be appropriate in this area, and based his decision for denial on the recommendations made by staff.

On a motion by Commr. Bakich, 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 CP (Planned Commercial) with C-2 (Community Commercial) uses, to allow a used vehicle car sales and repair service.

At this time, Mr. Glenn Schwab, applicant, appeared before the Board and requested to be heard. He discussed the location of the property and the surrounding businesses.

Commr. Bakich stated that he felt commercial uses needed to be directed towards SR 437, with the motion standing.

PUBLIC HEARING #197-89-l R-l-7 to RP David & Mary Ann Eubanks

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

PUBLIC HEARING 11211-89-l C-2 to CP Ralph Meeks

Commr. Gregg declared a conflict of interest and turned the Chairmanship over to Commr. Bakich.

No one present wished to discuss the request with the Board. On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-2 (Community Commercial) to CP (Planned Commercial), to incorporate .09 acre C-2 zoned parcel to an existing CP zoned parcel located to the west of the proposed site, to establish a gas station/convenience store.

Commr. Gregg declared a conflict of interest, and was not present for the vote.

At this time, Commr. Gregg returned to the meeting, with Commr. Bakich returning the Chairmanship to him.

PUBLIC HEARING CUP#89/10/1-3 CUP in A John R. Arnold

Mr. Richard Roof, Director of Pollution Control, appeared before the Board to discuss the request, and stated that the request was viewed under provisions of 17.1, Part 4, of the Florida Administrative Code for land spreading of sludge.

Mr. John Arnold, Jr., the applicant's son, appeared before the Board and stated that this property is owned by his father, and that the application is restricted to the high hills, with setbacks from the wetland areas.

At this time, Mr. Roof discussed the inspections and requirements that will be followed on this application.

Commr. Swartz stated that he is not prepared to vote in support of the request, and that there would be no problem in supporting it, if the sludge to be used was only Lake County sludge. He had a problem with sludge and effluent coming from Orange County.

Mr. Arnold stated that he only has a contract with the City of Orlando, at this time.

Commr. Swartz suggested postponing the request for 30 days, in order for him to visit the property with the Pollution Control Department, and with Mr. John Swanson, Director of Planning and Development.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to postpone the request for a CUP in A (Agricultural), to allow production of hay and application of sludge to hayfields, for 30 days, until December 19, 1989.

PUBLIC HEARING CUP#89/10/4-4 CUP in RR Clayton D. Poole

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

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 the request for a CUP in RR (Rural Residential), to allow a peat excavation operation within wet weather pond areas for development of amenities for future residential development.

Commr. Swartz voted "no".

RECESS & REASSEMBLY

At 4:33 p.m., the Chairman announced that the Board would adjourn until 5:05 p.m., for a public hearing on LPA 88-l-3, Greater Construction.

PUBLIC HEARING LPA 88-l-3 Greater Construction

Those present at the hearing consisted of Commr. Bakich, who chaired the hearing, Commr. Swartz, and Commr. Windram.

Mr. Greg Stubbs, Chief of Development Coordination, informed the Board that this is a request to permit three units per acre, instead of the required one unit per acre, as addressed in the Lake County Comprehensive Plan. This is an expansion of the Bramelea urban node. Mr. Stubbs stated the requirements were sent to the County from the Department of Community Affairs.

Mr. Steve Richey, attorney representing the applicant, appeared before the Board and requested a 30 day postponement.

Mr. Mike Szunyog, Director; of Planning, stated that 163-31-84 requires adoption within 60 days of the receipt of the review letter from the State, which was received October 12, 1989.

Mr. Richey stated that the hearing has been started, with the applicant now requesting a continuance.

Ms. Annette Star Lustgarten, County Attorney, discussed the law requirements with Mr. Stubbs and Mr. Richey, with Mr. Richey stating that there is a possibility that the request will be withdrawn.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to postpone the above request until December 5, 1989, at 5:05 p.m., or as soon thereafter as possible.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:13 p.m.

C. W. "CHICK" Gregg, CHAIRMAN

JAMES C. WATKINS, CLERK

TMA/BCC/12-11-89