A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 19, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, June 19, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; and Toni M. Austin, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.

MINUTES

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of June 5, 1990, as corrected. Corrections were made to Page 10, lines 6-7, for clarification.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of May 21, 1990, as corrected. Corrections were made to correct the spelling of a proper name.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed



Payment of Warrant #121659 through Warrant #122197, for the following accounts:



Pasco Fire District General Revenue

County Transportation Trust Paisley Fire District

Countywide Fire District Bassville Fire District

Fine & Forfeiture Miscellaneous/Gas Fund

Commissary Trust Fund Landfills

Northwest Fire District Mosquito Control

Countywide Library Private Industry Council



South Lake Fire District Aquatic Weed

Mt. Plymouth Fire District Road Impact

Capital Outlay Revenue Sharing

Criminal Justice Trust Fund Emergency 911 Fund

Northeast Ambulance Northwest Ambulance

Animal Shelter Trust Fund Section 8



Accounts Allowed/Assessments



Mt. Plymouth



James Alex Preece $534.82

James Alex Preece 495.29

Paul W. Hackett 482.07

Wilson C. Sheppard 592.98

John D. Spencer 563.17

John D. Spencer 803.14

Harold Smith 504.48



Hilltop Sorrento Sub.



Dale & Mary Kathryn Dooley $1,443.75



Astor Forest Campsites



Reece M. & Juanita H. Thomas, Jr. $1,668.37

Martha J. Fleeger 1,365.56



Sorrento Ranchos Penlan Park



Clark & Shirley W. Johnson $2,963.39

Gene D. & Gloria H. Holt 3,192.53

Wayne J. & Debbie Jo Boyd, Jr. 3,196.31



Joleen Estates Subdivision



George C. & Vicki N. Taveirne $959.00



Hilltop Subdivision Unit II



Terry P. & Darlene Simmers $1,007.99



Corley Island Road South



Mary L. Beer & Lonnie L. & Loren

Liston, heirs of Louis P. Liston $2,706.50



Commissioners/Zoning



Acknowledged receipt of the Notice that the Orange County Board of County Commissioners will sit at a Board of Appeal on June 18, 1990, at 3:30 p.m., to hear those for or against the action of the Orange County Planning and Zoning Commission under the date of April 19, 1990.



Reports



Acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 1990, in the amount of $149,858.38.



CLERK'S OFFICE - FOR YOUR INFORMATION



State Agencies/Utilities



For Your Information: Before the Florida Public Service Commission in re: Application of Lake Griffin Utilities, Inc., for

water certification in Lake County, Order Approving Gross-Up of Contributions-In-Aid-Of-Construction and Notice of Proposed Agency Action Order Setting Rates and Charges and Denying Utility's Requested Allowances for Funds Prudently Invested.



SHERIFF



Accounts Allowed/Budget Transfers

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a budget transfer and check request in the Law Enforcement Trust Fund 133, for the purchase of technical equipment and the cost of Contractual Services in the ongoing investigation, in the amount of $13,037.80.

COUNTY MANAGER'S CONSENT AGENDA

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

Appointments-Resignations/Pollution Control



Reappointment of Richard Boliek and William Ray to the Pollution Control Board.



Bonds/Planning & Development/Subdivisions



Release of Maintenance Bond for Crescent Bay Subdivision.



Planning & Development/Subdivisions



Final plat approval for Mayfield Subdivision.



Resolutions/Roads-County & State



Property owners request to change the road name of the unmaintained portion of Bear Lake Blvd. to Jewell Drive, in the Deland Postal area.



Resolutions/Roads-County & State



Request to accept C-452A Extension into the maintenance system and to change route number to C-44 along with the other route number changes.



Roads-County & State



Request to accept a maintenance map on Griffin Ave., #1-7807.



Resolutions/Roads-County & State



Request to accept #3-0837 Crescent Lane, #3-0837A North

Crescent Lane, and #3-0837B Big Tree Lane into the County maintenance system.



Resolutions/Signs/Roads-County & State



Request to post 25 mph speed limit signs on Northland Road

#4-4565.



Resolutions/Signs/Roads-County & State



Request to post 30 mph speed limit signs along Grand Terrace Dr. #5-6347B and Chain O'Lakes Rd. #5-6346.



Public Works/Roads-County & State



Request to release the following Letters of Credit and Certificate of Deposit:



Mary Brasher - Brasher Lane - Letter of Credit

Dale Dillard - Lake Center C & C - Certificate of Deposit



Deeds/Right-of-Ways, Roads & Easements



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



For Road Projects:



Norris J. Williams - Thomas Boat Landing Rd. #5-7940

Richard E. & Cynthia A. Spray - Thomas Boat Landing Rd. #5-7940



For Site Plan:



Hospice Foundation of Lake & Sumter, Inc. - Lane Park Rd. #3-3637

Hospice Foundation of Lake & Sumter, Inc. - N. Eichelberger Rd.

#3-3342



Road Closings - Permission to Advertise



Request to advertise Road Vacation Petition No. 605 by Marian McKinney to vacate streets, alleyway and lots, Lisbon area.



Request to advertise Road Vacation Petition No. 607 by Lake County Public Works to vacate Easement in Plum Lake Estates, Minneola area.



Request to advertise Road Vacation Petition No. 708 by Robert J. Willets, c/o John D. Weatherford, to vacate Right-of-Way, Silver Beach Heights, Umatilla area.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS



On a motion by Commr. Bailey, seconded by Commr. Swartz and



carried unanimously, the Board approved the following requests:



Accounts Allowed/Budget Transfers/Jails



Transfer funds, in the amount of $45,613.00, from Federal Revenue Sharing to Capital Improvements (Jail) to reimburse those accounts that were encumbered from last year and that have now been paid out of this year's budget.



Accounts Allowed/Ambulance-Hospital Districts/Budget Transfers

Health & General Services



Transfer funds from NE Ambulance/Health & General Services Contingency to Capital, in the amount of $6,024.00.



Transfer funds from NW Ambulance/Health & General Services Contingency Fund to Capital, in the amount of $3,950.00.



Accounts Allowed/Fire Protection/Health & General Services

Transfer funds from Countywide Fire District/Health & General Services Contingency to Operating Supplies, in the amount of $12,711.00.

Transfer funds from Countywide Fire District/Health & General Services Contingency to Operating Supplies, in the amount of $2,302.00.



Transfer funds from Countywide Fire District/Health & General Services Contingency to Capital, in the amount of $5,993.00.

CONTRACTS, LEASES & AGREEMENTS/PERSONNEL

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Personnel Director for a 1,000 line advertising contract with the Orlando Sentinel.

Mr. Al Thelen, County Manager, stated that he will contact other constitutional officers, to determine whether or not each would be interested in contracting for the same type of service.

CONTRACTS, LEASES & AGREEMENTS/TAX COLLECTOR

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, appeared before the Board to discuss the request for the renewal of the lease for the Tavares Tag Agency. Ms. Anderson stated that there is a conflict in the wording contained within the original contract. It was understood that, when the lease is renewed for a three year term, the rent would be adjusted upward from each of the three years, based upon the Consumer Price Index.

Ms. Annette Star Lustgarten, County Attorney, stated that the option provision of the lease does not state that it will be adjusted annually, during the period of option. This will not be adjusted annually, if that is the Board's desire, and therefore, a request is being made for an amendment for the annual adjustment, and extending it for a one three-year option.

Mr. Al Thelen, County Manager, stated that Mr. T. Keith Hall, Tax Collector, has been informed of the intent of the request being made today.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the renewal of the lease for the Tavares Tag Agency, as stated above by the County Attorney.

STATE AGENCIES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Bard approved the request for authorization for the Chairman to send a letter to U.S. Forestry opposing the land swap in the Wekiva Area, and to continue Lake County's lobbying efforts with them.

ACCOUNTS ALLOWED/HEALTH DEPARTMENT

Mr. Al Thelen, County Manager, discussed with the Board the request to purchase the basic plans for the Health Care Clinic from Mr. John Dickerson, Architect, Inc., and to pay Mr. Dickerson for the work he has done to modify the plan for the Tavares Clinic, in the amount of $20,557.00. Mr. Thelen stated that the Board had previously approved the utilization of the plans from previous facilities (Leesburg and Umatilla), in order to cut costs. The contract for the two former designs did not make the design plans property of the County. He further stated that the County has reviewed an option of contracting with someone else, but the County will save approximately $10,000.00 by continuing with Mr. Dickerson.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the language will clearly state in the contract that the County will acquire ownership of anything prepared for, and in behalf of, the County.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved the request to purchase the basic plans for the Health Care Clinic from Mr. John Dickerson, Architect, Inc., and to pay Mr. Dickerson for the work he has done to modify the plan for the Tavares Clinic, in the amount of $20,557.00.

Commr. Windram voted "no".

ACCOUNTS ALLOWED/FIRE PROTECTION

Mr. Al Thelen, County Manager, discussed the request to pay Mr. John Dickerson, Architect, Inc., $7,838.00 for architectural services rendered for modification of the prototype plans and specifications for the Plantation Fire Station.

It was noted that the County Attorney has ruled that the County pay Mr. Dickerson for his services to date, but that the County must either select an architect by the State approved process for selecting architects, or finish the work in-house.

Mr. Mike Anderson, Director of Capital Improvements, stated that the $7,838.00 also included site preparation.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to pay Mr. John Dickerson, Architect, Inc., $7,838.00, for architectural services rendered for the modification of the prototype plans and specifications for the Plantation Fire Station.

ACCOUNTS ALLOWED/JAILS

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for the payment of the invoice from Greiner, Inc., for the sampling, testing, and classifying of suspected hazardous soil and water found within the main jail construction site, in the amount of $7,590.00.

ACCOUNTS ALLOWED/JAILS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board to discuss the request to pay Jammal & Associates for some additional testing of surface water effluent from the Criminal Justice Facility project site, in the amount of

$18,257.00.

Mr. Anderson stated that, as part of the conditions of the St. Johns River Water Management permit, the County was required to provide an ongoing water sampling/testing of the surface run-off from the job site into the wetlands area. After presenting a complete explanation of the issue, Mr. Anderson stated that the request covers the four month water sampling required to provide the base survey.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to pay Jammal & Associates for some additional testing of surface water

effluent from the Criminal Justice facility project site, in the amount of $18,257.00.

CONTRACTS, LEASES & AGREEMENTS/COURTHOUSE

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the request and signature authorization on the UPS Agreement to add a UPS Service Drop Box in front of the Courthouse, with the County being held harmless.

Commr. Gregg was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

STATE AGENCIES

Mr. Al Thelen, County Manager, discussed the request for signatures on the contract with the Florida Department of Environmental Regulation for the administration of the Pollutant Storage Tank Program, in the amount of $186,592.95. Mr. Thelen stated that this will be the third year for the approval of the contract.

Mr. Don Findell, Director of Environmental Services, discussed with the Board the request to approve the contract and stated that the State is recognizing that it does not have the personnel to conduct this type of work on a county-to-county basis. Mr. Findell stated that the Legislature has required the Florida Department of Environmental Regulation to contract with local governments, where possible.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on the contract with the Florida Department of Environmental Regulation for administration of the Pollutant Storage Tank Program, in the amount of $186,592.95.

ENVIRONMENTAL SERVICES/ORDINANCES

Mr. Don Findell, Director of Environmental Services, discussed the proposed flow control ordinance.

Mt. Annette Star Lustgarten, County Attorney, informed the Board that she included in the proposed ordinance statutory definitions, and language that authorizes the Commission to permit waste generated within the County to be taken out of the County.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise a proposed ordinance amending Chapter 21 of the Lake County Code, Article III, Waste Disposal, in order to address recyclable materials.

ACCOUNTS ALLOWED/LIBRARIES

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for reimbursement to Ms. Ann Cook, Library Coordinator, for motel expenses for librarians attending Florida Library Day, April 18, 1990, in Tallahassee, in the amount of $170.00.

E-911/RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to adopt a resolution imposing a local option fee for the payment of recurring charges for provisions of 9-1-1 service and equipment of 50 cents per month per exchange line, up to a maximum of 25 exchange lines, to be paid by the local telephone subscribers for a period of twelve consecutive months, beginning on October 1, 1990, and ending on September 30, 1991.

It was noted that Ms. Annette Star Lustgarten, County Attorney, stated that the Board will be required to adopt the resolution annually, as required by the State.

CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE

STATE AGENCIES

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to amend the cooperative agreement with the Forest Service to maintain additional roads, in exchange for using forest property for a clay mining operation.

ROADS - COUNTY & STATE/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept

Paisley Road #5-9086, North Blvd. #5-9096, South Blvd. #5-9096A, into the County maintenance system.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise for bids Project #12-90, C-44A/C-439 Intersection Improvement Lump Sum Construction, at an estimated cost of $125,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids Project #13-90, C-19/Old 441 Intersection Improvement Lump Sum Construction, at an estimated cost of $150,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids Project #14-90, #5-6661 McKinley Road "Part" Lump Sum Construction, at an estimated cost of $95,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise for bids for Project #15-90, Countywide Guardrail Program, at an estimated cost of $98,100.00.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept Change Order No. 1, to Project #8-90, C-48 Resurfacing, in the amount of $1,500.00.

ACCOUNTS ALLOWED/BONDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to release Trac Roadbuilders, Inc., upon collection of bid bond, from the responsibility of construction of Project #1-90, and to reassign, authorize and award the project to Superior Asphalt, in the negotiated amount of $140,328.75, which includes Change Order #2.

PUBLIC HEARINGS - ROAD CLOSINGS

PETITION NO. 602 - Montverde Groves, Inc. - Montverde Area

Mr. Claude Smoak, representing the developer, appeared before the Board to discuss the request for vacation. He stated that the power company has a power line across the easement, and he has agreed with the County Road Department to note on the plat that the reservation for the utility easement will remain.

No one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a road vacation, Petition No. 602, by Montverde Groves, Inc. to vacate Right-of-Way and Tract of Lake Highlands Company, Montverde Area, as advertised, and including the reservation of the utility easement.

PETITION NO. 603 - Betty Hughes - Eustis Area

Mr. Jim Stivender, Director of Public Works, requested a 30 day postponement of the request, due to the applicant having insufficient funds in her account.

Mr. Donald Wiley appeared before the Board in opposition to the request.

At this time, the Board discussed opening up the public hearing, for public comment, without the applicant being present.

Ms. Annette Star Lustgarten, County Attorney, stated that, if the Board is not going to hear the item because of the reasons stated, the Board would continue the request to a time certain, with the Board not being required to take public comment, at this time.

Discussion occurred regarding the Board taking public comment, at this time, and having the individuals, who are in opposition, reappear at another time certain.

Ms. Lustgarten stated that all the County requirements have not been met by the applicant, and therefore, the case is not formally before the Board.

Mr. Stivender stated that there is a pending Code Enforcement issue involving the applicant, which the staff was not aware of prior to this meeting. He stated that staff needed time to also investigate this issue, which involves the road being blocked by the applicant.

Mr. Wiley stated that the road Ms. Hughes is requesting to close is his legal access to his property. At the present, he is helping to maintain another access to his property.

Mr. Stivender discussed the legal access, involving a 50 foot right-of-way, in relation to the surrounding property owners.

Ms. Lustgarten stated that the Board can either continue the issue to a time certain, or choose not to hear the case until the applicant reapplies.

Mr. Orbersly appeared before the Board and stated that he was opposed to the road being open. He stated that there are six residents that want the road closed.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved for the case to be readvertised, once the insufficient funds check has been made good, and the applicant reapplies.

PETITION NO. 606 - H. D. Robuck, Jr. - Leesburg Area

No one present appeared in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a road vacation, Petition No. 606, by H. D. Robuck, Jr., to vacate utility easements, Pennbrooke, Phase 1A, Leesburg Area, as advertised.

HEALTH & GENERAL SERVICES/RESOLUTIONS/PUBLIC HEALTH

COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to adopt a resolution creating the Substance Abuse Policy Advisory Board and designating an Office of Substance Abuse Policy.



ACCOUNTS ALLOWED/GRANTS/PUBLIC HEALTH

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the application for the Anti-Drug Abuse Act Funds. The Department of Community Affairs, Bureau of Public Safety Management, has allocated $115,370.00 of these funds for use by all units of government within Lake County. Participating units of government are required to provide no less than one-fourth (25%) of the cost of each project in cash from non-federal funds. Lake County's fiscal impact totals $28,842.50.

Ms. Allison Thall, Health Services Coordinator, appeared before the Board to make a presentation on the Drug Task Force Grant application, and update the Board on the meetings, which have occurred, with the Substance Abuse Policy Advisory Board.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the State of Florida Department of Community Affairs, Division of Emergency Management, Bureau of Public Safety Management subgrant application for Anti-Drug Abuse Act Funds, as presented.

PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board to begin the workshop on the background of the areawide DRI Study for the US 27/SR19/Turnpike Area. At this time, Mr. Swanson presented a general background of the development of the Small Area Study. He stated that work was halted on the study in September, 1988, after the passage of the Wekiva River Protection Area legislation and the need to concentrate staff efforts on that issue.

Mr. Swanson discussed the area designated for the small area study and the 21 square miles that will be the focal point of the area. He stated that he would like to include this site as a policy statement in the comprehensive plan that will be submitted to the State. This will identify the area as an areawide impact for economic growth.

Discussion occurred regarding the present DRI process being used in Lake County, in relation to Chapter 380, and the boundary line of the property being determined by transportation areas, which consisted of existing roads. Mr. Swanson stated that 61 percent of the area is developable, with the growth anticipated to be developed inward.

Mr. Swanson stated that, under the present conditions and requirements today, a DRI will cost several hundred thousand dollars to prepare, with a time limit of a minimum of one year to two years, with costs being kept down with the use of staff. He further stated that, since there has been a great interest from the public on the small area study, he proposed the County conducting a planning and zoning program for public participation. Mr. Swanson stated that the policy would indicate this as a potential center for economic development activities. He further stated that this will not delay any current ongoing activity in the area.

Commr. Swartz stated that he is concerned with the size of the area, and planning needs to be done for whatever is proposed for the area. He stated that he would encourage the County to review and reconsider the boundary and the planning itself.

Mr. Swanson stated that 33% of the land is wetlands, and is not developable, with the present existing regulations allowing for open space, recreation, and that tourism plays an active role in the development.

The following are recommendations made by staff, as far as alternatives that have been evaluated:



1. Do nothing. This alternative considers the present staffing responsibilities and the ability of staff to put together the Application for Development Approval (ADA) at the same time as the County completes the Comprehensive Plan.



2. County staff resumes work on the Areawide DRI after submittal of the Comprehensive Plan. Work would begin in February after the initial submittal of the Comprehensive Plan.



3. County recognizes the Areawide DRI in the Comprehensive Plan in both the Economic Element and the Future Land Use Element as an area that would be the subject of a sector plan utilizing the Areawide DRI process.



4. County staff would prepare a Request for Proposal (RFP) in February identifying both consultant and County responsibilities. Work on the Areawide DRI would commence in March or April.



5. Combination of 3 and 4.



On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved option #3, to recognize the area, and for the Board to consider #5, as soon as Mr. Swanson presents a price range for review.

RECESS & REASSEMBLY

At 10:55 a.m., the Chairman announced that the Board would recess for five minutes.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for the selection of the desired Waste-to-Energy Facility and off-site environmental monitoring program, and the authorization to execute the contract and encumber funds for the selected program.

Mr. Russ Bowen, Brown and Caldwell, appeared before the Board to discuss the Operations and Environmental Monitoring Programs for Lake County's Waste-to-Energy Facility. Mr. Bowen stated that the Operations Monitoring Program would consist of the start up compliance testing; CEM Performance Testing; and the supplemental testing. The Environmental Monitoring Program would consist of the baseline and operational monitoring.

The following was discussed by Mr. Bowen, in detail:

Option 1 - Operations Monitoring Program



Task 1 - Observe Startup Compliance Testing and Continuous Emissions Monitoring (CEM) Performance Testing.



Task 2 - Quarterly Review of CEM Data.



Task 3 - Supplemental Testing for Dioxin/Furans and PAH at Startup.



Task 4 - Supplemental Testing for Dioxin/Furans, PAH, and Metals at End of First Year.



TOTAL COST - $117,400



Option 2 - Operations Monitoring Program



Task 1 - Observe Startup Compliance Testing and Continuous Emissions Monitoring (CEM) Performance Testing.

Task 2 - Quarterly Review of CEM Data.

Task 3 - Supplemental Testing for Dioxin/Furans and PAH at Startup.

TOTAL COST - $71,300.00



Option 3 - Operations Monitoring Program



Task 1 - Observe Startup Compliance Testing and Continuous Emissions Monitoring (CEM) Performance Testing.



Task 2 - Quarterly Review of CEM Data.

TOTAL COST - $31,200.00

Commr. Bakich questioned the duplication of the process being proposed, with the process presently being used by Ogden Martin, with Commr. Swartz stating that this is a system to verify that what is being done is in compliance with the permitting.

Mr. Bowen stated that Option 2 involves no data after the startup, and Option 3 drops all supplemental testing.

Mr. Jim Neuman, Brown and Caldwell, appeared before the Board to discuss the Environmental Monitoring Program, which consisted of the following:

Option 1 - Environmental Monitoring Program

Task 1 - Baseline Monitoring. Under the direction of Brown and Caldwell, KBN Engineering and Applied Sciences, Inc. (KBN) will perform the baseline environmental monitoring program as a subconsultant.



Task 2 - Operational Monitoring. KBN will perform operational environmental monitoring following the startup of the facility.



TOTAL COST - $181,000.00



Option 2 - Environmental Monitoring Program



Task 1 - Baseline Monitoring. KBN will perform the baseline monitoring program prior to facility startup under the direction of Brown and Caldwell.



Task 2 - Operational Monitoring. KBN will perform the operational environmental monitoring following the startup of the facility.



TOTAL COST - $150,600.00



Option 3 - Environmental Monitoring Program



Task 1 - Baseline Monitoring. KBN will perform the baseline monitoring program prior to the facility startup under the direction of Brown and Caldwell.



Task 2 - Operational Monitoring. KBN will perform the operational environmental monitoring following the startup of the facility.



TOTAL COST - $84,200.00



Commr. Swartz discussed the possibility of archiving more of the samples rather than having them all analyzed for the baseline. Mr. Neuman recommended getting samples for the mercury and dioxins.

Mr. Findell discussed the commitment made by Dave Sokol, President and CEO of Ogden Martin, for environmental monitoring, the expenditures anticipated by the County, and the impact on the tipping fees. Commr. Bakich stressed that, by endorsing the funding for the program, the Board will be increasing the tipping fee.

Mr. Findell stated that the County is facing deadlines, one which is the test burn by Ogden Martin anticipated toward the end of August, or the first of September. He stated that a monitoring program needs to be in effect, prior to that test burn, with the samples collected. He stated that there would not be any problem postponing the issue until the first meeting in July, as far as the execution of the contract, but time beyond that will hinder the accomplishment of the necessary work entailed within the program.

Commr. Swartz suggested authorizing staff to continue to negotiate a contract, and to come back with a contract that does not exceed $235,000.00, breaking out the various options in more detail.

Mr. Findell stated that the baseline monitoring needs to be accomplished prior to July 3, 1990, with further discussion being held regarding the actual operation monitoring.

At this time, it was the consensus of the Board to proceed, as outlined by Mr. Findell.

ENVIRONMENTAL SERVICES/REPORTS

Mr. Don Findell, Director of Environmental Services, stated that Mr. Brad Bauserman, Recycling Coordinator, will make a progress report on the County Recycling programs.

Mr. Bauserman appeared before the Board to make the first report on the County Recycling program. He stated that both the curbside collection and office paper recycling programs have been operating very well, with the public and employees indicating interest and support in the program. At this time, he discussed the weekly set-out rates (bins) averaging from about 30% in Pine Lakes to about 50% in Hawthorne. He further informed the Board of the statistics involving costs and revenues, with the average pounds of recyclables per set-out being about 12 pounds.

Mr. Bauserman stated that the Industrial Waste Service will be building a transfer operation at their Okahumpka facility to handle the recyclables in early August.

Discussion occurred regarding the recycling issue being addressed on the national level, and Mr. Bauserman informed the Board of the several education and recycling collection projects that he will be involved in.

At this time, Mr. Bauserman presented a slide show, regarding the importance of recycling, which will be used as a public education tool.

PLANNING & DEVELOPMENT/ORDINANCES

Mr. Al Thelen, County Manager, informed the Board that a short workshop was scheduled to be held this morning on the Design-Build Ordinance. He stated that the information and summary has been provided, and therefore, will be rescheduled for another meeting

RECESS & REASSEMBLY

At 12:53 p.m., the Chairman announced that the Board would recess until 2:00 p.m., for rezoning.

SUITS AFFECTING THE COUNTY/ROADS-COUNTY & STATE

Ms. Annette Star Lustgarten, County Attorney, informed the Board that there had been an offer of settlement in the Brown vs. Lake County lawsuit involving the paving of Mink Road. She stated that there were three parts, in relation to the offer, as follows:

1. The Plaintiff would pay $100.00 towards damages; 2. The County

would convey interest in a triangle of land adjacent to Mr. Brown's land, by Quit Claim Deed, with Mr. Brown conveying all interest in the adjacent triangle of that rectangle to the County, which the cul-de-sac and the driveway for the adjacent property owner are located; 3. Each party would pay their own attorney's fees. She stated that one of the other defendants was Mr. Oscar Taylor, and the attorney for the Plaintiff is going to make an offer to Mr. Taylor to permit him to have access to the rectangle for this lifetime. She further stated that Mr. Chris Ford, Attorney, has been handling the case for the County, and it is his recommendation that the County accept the offer of settlement, and is her recommendation as well.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the recommendation in the lawsuit Brown vs. Lake County, as stated above by Ms. Lustgarten, County Attorney.

REZONING

At 2:00 p.m., the Chairman announced that the advertised time had arrived for the public hearings on rezoning cases.

PETITION #243-89-2 A to MP Kyle & Ruth Craig

Mr. Greg Stubbs, Director of Development Coordination, stated that the Board had directed staff to draft an ordinance that would allow these types of businesses in the agricultural zone district as a conditional use for septic tank cleaning. He stated that the ordinance is before the Planning and Zoning Commission this month, and will be before the Board next month. At this time, Mr. Stubbs requested that this case be postponed 60 days.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved to postpone for 60 days the request for rezoning from A (Agricultural) to MP (Planned Industrial), for the reasons stated above by Mr. Stubbs.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved to postpone for 30 days the following requests:

CUP#88A/8/5-4 Thomas Weems July 17, 1990

#67-90-3 Lottie H. Collins July 17, 1990

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the following cases until the last part of the meeting, as requested by the applicant, in order for the applicant to be able to attend:

#44-90-3 W. H. Dailey

#52-90-3 Robert & Mercedes Murrell

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the requests for withdrawal of the following:

#66-90-4 Robert & Nancy Grill

CUP#90/4/2-5 Charles O. Cottle

PETITION #37-90-2 AR to A Daniel T. Gooden, et al

Mr. Greg Stubbs, Director of Development Coordination, informed the Board that a survey was submitted to staff yesterday, which indicates that the applicant does have a five acre tract of land. He further stated that the legal description submitted was not the advertised legal for this case, and recommended that this case come back before the Board in August, in order for the new legal to be advertised.

Mrs. Leonardo appeared before the Board and presented a brief history of her request for rezoning.

Discussion occurred regarding the confusion in the original request for rezoning, and the previous appearances made by the applicant.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the correct legal had to be advertised, in order for the Board to consider the case.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to postpone the request for rezoning from AR (Agricultural Residential) to A (Agricultural), for 60 days, as recommended by staff, for proper advertisement to be made.

PETITION #89A-89-3 CP to A Ralph D. Suggs

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 CP (Planned Commercial) to A (Agricultural), for residential purposes.

PETITION #51-90-5 PUD to R-1-15 Seltzer Treasure Island Corporation

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that the applicant will follow all requirements being made by staff to maintain the roads for the reduced density.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request from PUD (Planned Unit Development) to R-1-15 (Residential Estates), for single-family conventional homes.

PETITION #78-90-5 A to PFD Irene Lowrie

Mr. Ted Wicks, Wicks Consulting Services, Inc., representing the applicant, appeared before the Board to discuss the request. Mr. Wicks stated that the request is basically to correct an existing problem regarding the effluent disposal. He stated that the treatment plant should have never been built in the present location, because percolation is poor, and there is an effluent discharge. He discussed the permits that the applicant is presently working under. He further stated that other locations were considered for this request within three miles of the existing plant, but this one provides good soil conditions and the natural buffering. Mr. Wicks stated that the applicant is not extending the plant, but will be taking care of the existing problems.

Discussion occurred regarding the existing plant being under a moratorium for the past three years, and will not be released

until such time that the necessary construction has been completed to accommodate the problem.

On a motion by Commr. Gregg, 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 PFD (Public Facilities District), for an STP effluent disposal sprayfield.

PETITION #71-90-5 CP to R-1-5 Thomas J. & Trampus Shannon

Mr. Ted Wicks, Wicks Consulting Services, Inc., representing the applicant, appeared before the Board to discuss the request. Mr. Wicks stated that the Planning and Zoning Commission basically did not have a problem with the R-1-5 zoning, but expressed concern with a project like this going in and possibly being able to qualify for septic tanks. He further stated that the permit is conditioned upon the compliance of the plant previously discussed. He stated that, without the R-1-5 zoning in place, his client is hesitant to go ahead with the planning phase, and would rather take the risk of the sewer being available.

Commr. Bakich stated that he was concerned with the Board approving the request and the land being developed.

Ms. Annette Star Lustgarten, County Attorney, stated that, once the zoning request is approved, it can be developed for those purposes permitted in that zoning district.

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 rezoning request, without prejudice, from CP (Planned Commercial) to R-1-5 (Mobile or Mixed Residential), for a residential subdivision.

PETITION #62-90-5 A to RR Frederick C. Pait

The applicant was present in the audience, and one appeared in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg 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), for residential development.

PETITION #69-90-4 A to AR Jet Riley

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 A (Agricultural) to AR (Agricultural Residential), for the creation of 2 1/4 acre lots.

Commr. Gregg was not present for the vote.

PETITION CUP#90/5/5-4 CUP in A Mary E. VanWinkle

The applicant was present in the audience, and no one appeared in opposition to the request.

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 a CUP in A (Agricultural), to place the mobile home on the site for the care of an infirm relative.

Commr. Gregg was not present for the vote.

PETITION #74-90-4 R-1-7 to CP Cole Whitaker

Mr. Greg Stubbs, Director of Development Coordination, stated that staff had recently received a buffer plan for the proposed shopping development, and that the site plan was available to the Board for review.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and introduced the landscape plan for the record, which was prepared by the same architect as the one who prepared the plan for Park Place on West Joanna. The same theme will be carried out through the development being proposed.

Ms. Annette Star Lustgarten, County Attorney, stated that under Condition B of the CUP, the Board can incorporate the landscaping plan.

Mr. Eugene Gurkley appeared before the Board in opposition to the request. He stated that there has been very little consider

ation of the property owners directly across the street, which are zoned RR. He further stated that he did not feel this is an area for commercial development, and that he is opposed to this size of commercial development in this area, due to the additional traffic it will generate.

Ms. Bonifay stated that, in the staff recommendations, there is a notation that the Florida Department of Transportation is currently studying SR 44 and C-44B for four-laning, and that the City of Eustis designated this for a major commercial center. She stated that she felt the concerns indicated have been addressed.

Commr. Swartz suggested that, through site plan approval, and if necessary bringing it back to the Board, the parking requirement be waived, to reduce the parking places indicated, in order to provide more open space and landscaping. He stated that he felt the applicant could save a considerable amount of money, and suggested that this be taken to the applicant for consideration.

Ms. Bonifay stated, for the record, that this would be something she and her client will consider when they come back through the site plan review process.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to CP (Planned Commercial), for a shopping center, as amended, to have an earthen berm consistent with the berm of Park Place with the 18-foot landscaping buffer planted on top of this berm, with the landscaping plan being incorporated into the CUP.

PETITION #72-90-4 A to PFD Marjory B. McDonald

The applicant was present in the audience, and no one appeared in opposition to the request.

On a motion by Commr. Windram, seconded by Commr. Gregg 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), for a church and related uses.

Commr. Bailey was not present for the vote.

PETITION #76-90-4 A to CP William J. Tenhoopen

Commr. Windram had questions of the applicant regarding the possibility of moving up towards CR 437 away from Wolf Branch Road, in order to move away from the power line and gas easement, and the affect it would have on the applicant's plan.

Ms. Velma Thomas appeared before the Board, in behalf of the applicant, to discuss the effect the move would have on the request.

Mr. Greg Stubbs, Director of Development Coordination, stated that no site plan was submitted with the case.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), for hay, feed and farm supplies, and horse and stock, with the stipulation that a site plan be brought back to the Board.

PETITION #68-90-3 A to M-1 Lake County Bd. of Co. Commrs.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to M-1 (Heavy Industrial), for a County landfill.

Commr. Windram was not present for the vote.

PETITION #81-90-3 A to AR Gloria Gilbert

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

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

PETITION CUP#90/5/3-3 CUP in A Ronald L. Carver

The applicant was present in the audience, and no one appeared in opposition to the request.

Commr. Swartz stated that he was in agreement with the staff recommendation for denial of the request, due to a CUP being inconsistent with agricultural zoning.

Mr. Ronald Carver, applicant, appeared before the Board and presented pictures of the property, and stated that his automotive restoration business is strictly a hobby. He stated that none of the area will be changed.

Commr. Swartz stated that the problem is that, in the zoning book, this is not a permitted use, and the reason staff recommended denial of the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission for approval of the request, and approved the recommendation made by staff for denial, without prejudice, of the request for a CUP in A (Agricultural), to use an existing mobile home for an automotive restoration business.

Mr. Greg Stubbs, Director of Development Coordination, stated that the County will have a land development code next year.

PETITION #79-90-3 ER to PUD Palisades Country Club

Mr. Greg Stubbs, Director of Development Coordination, informed the Board that the PUD included conditions relating to residential facilities, recreational facilities, public facilities, open space/buffer requirements/transportation improvements, and the creation of a Municipal Services Taxing Unit (MSTU). Mr. Stubbs further stated that Mr. Steve Richey, Attorney representing the applicant, has met with the fire department representative for Lake County, and has agreed to place, up front, $175.00 per building permit per lot, to cover the cost for fire protection under the PUD.

Mr. Richey appeared before the Board to discuss the requested waiver on the residential streets that are non-collectors.

Discussion occurred regarding the casing under the streets in the subdivision, and whether or not the streets will become County maintained.

Commr. Swartz suggested adding a requirement of no greater than two years, all of those improvements will be accomplished, within a platted area, and a performance bond be given to the County, with Mr. Richey being in agreement.

Commr. Swartz discussed the Department of Public Works recommending not approving the waiver to allow a ten foot width for the drainage easements for the piped flow, because of the fact that the minimum acceptable width is 10 feet for drainage easements.

Mr. Richey explained the reasons for the request for 10 feet, stating that this does not involve rights-of-way, but drainage.

No one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to add the following as an amendment: on Page 2 of the PUD, #3 Fire Protection, to substitute the following language, "Applicant shall contribute $175.00 per residential unit, at the time of the issuance of the building permit to be used for the purchase of a mini pumper, until such time the County's impact fees are adopted."

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved waivers recommended by the Planning Commission, as follows:

1. Approved waiver to PUD Regulation 64.140 to allow single-family residences to be 25 ft. from the property line (right-of-way) for all lots.;



2. Approved a waiver to PUD Regulation 696.18 to allow the minimum lot width at the building line of all single-family residential lots to be 40 ft., the minimum rear yard setbacks for all single-family residential lots to be five (5') ft., and the

minimum lot frontage for all single-family residential lots to be 35 ft.;



3. Approved a waiver to PUD Regulation 696.20 (B) (5) (b) to allow a minimum sideyard distance of 7.5 ft. on single-family residential lots of 22,000 sq. ft. and larger, minimum sideyard distance of five (5') ft. on single-family residential lots of less than 22,000 sq. ft. and more than 75 ft. on frontage, and a minimum sideyard distance of zero (0) to five (5') ft. on single-family residential lots of less than 75 ft. on frontage and ten (10') ft. minimum distance between buildings.;

4. Approved of a waiver to Subdivision Regulations 92.10 to allow selected valuable existing trees to remain in the right-of-way.;



7. Approved a waiver to Zoning Regulations 70.40 (T) to allow a minimum parking space of nine (9) ft. by eighteen (18) ft.;



8. Approved an amendment: to the waiver of the Zoning Regulation 70.283: "The thirty (30') ft. setback refers to interior lots only."



9. Approved as amended: To allow that setbacks for the small sewage treatment plan for the clubhouse be measured from the existing outer boundary of the total property and be at least thirty (30') ft. from any interior residential lot created by this development.;



10. Approved a waiver of PUD Regulation 696.11 to allow the applicant to sell an unplatted section of the PUD for development by another owner, subject to control by the current applicant and according to the officially approved PUD Development Plan.



Commr. Swartz made a motion, which was seconded by Commr. Bailey, to deny waiver #5, as recommended by the Planning Commission, and substitute the recommendation of the Public Works Department, "the minimum acceptable width is 20 ft. for drainage easements".

Mr. Richey stated that the reason the 10 feet had been requested is due to the golf course already being constructed and accommodated some of the easements as part of the golf course. It affects four areas.

Commr. Swartz stated that he would amend his motion to allow the 10 feet in those four areas of the golf course, and in those cases where the golf course drainage is involved, which was brought up by Mr. Richey. Commr. Bailey seconded the amendment.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to add to #6 of the Planning Commission's recommendations, language to indicate that the infrastructure required under this provision be required in no later than two years, and that in the bonding of the project, that additional bond money be placed for the provision of sidewalks, landscaping, storm water, and grassing and sod, etc.



On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for rezoning from ER (Estate Residential) to PUD (Planned Unit Development), as amended.

PETITION #61-90-3 A & C-1 to C-2 Mansour Sabeti

The applicant was present in the audience, and no one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) & C-1 (Rural or Tourist Commercial) to C-2 (Community Commercial), for commercial development.

PETITION #60-90-3 A to RR Carl J. Lobaldo

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), to subdivide to build a second dwelling.

PETITION #63-90-3 RR to R-1-15 Juanita Boyd

The applicant was present in the audience, and no one appeared in opposition to the request.

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 RR (Rural Residential) to R-1-15 (Residential Estates), for construction of single-family residences.

PETITION #57-90-3 R-1-7 to RR Jim P. Turner

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-1-7 (Urban Residential) to RR (Rural Residential), for a single family residence and small garden.

PETITION #64-90-3 R-1-7 to RA James E. Adamson

No one appeared in opposition to the request.

Commr. Swartz stated that he is concerned with the adjacent property being zoned single-family residential, conventional homes, with Commr. Bailey indicating the same.

Mr. Earl Adamson appeared before the Board and stated that he intends on building a regular house, no mobile home.

At this time, the Board discussed the request being made by Mr. Adamson, and him being able to build on his property, which is presently zoned R-1-7.

Mr. Adamson stated that he would like to subdivide his property at a later time.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for 60 days, until August, 1990, to allow the applicant to pull a building permit, and to readvertise, should he wish to apply for a different zoning.

PETITION #77-90-3 C-1 & A to C-1 Leo Bigelman

Mr. Ted Wicks, Wicks Consulting Services, Inc., was present to represent the applicant.

Commr. Swartz stated that the property is not located in the Bramalea Urban Node, and the County Comprehensive Plan does not allow for RV parks.

Mr. Wicks stated that he did not know of the staff's comment that the site is located adjacent to the Bramalea Urban Node. He stated that there is a need for RV's in this area, and the property is well defined, from the transportation standpoint.

Mr. Greg Stubbs, Director of Development Coordination, stated that, some time in the future, an item will be placed on the Board's agenda, for permission to advertise expansion of the

Bramalea Urban Node, to come to the Board concurrently with the proposed Florida Quality Development for 8,000 residential units that will go across Highway 27, north of SR 192.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, for the Board to overturn the recommendation of the Planning and Zoning Commission and deny the request for rezoning, without prejudice, from C-1 (Rural or Tourist Commercial) & A (Agricultural) to C-1 (Rural or Tourist Commercial), for an RV Park.

Under discussion, Commr. Gregg stated that he supports the recommendation for approval made by staff and the Planning and Zoning Commission, due to the property being adjacent to the urban node.

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

Commrs. Gregg and Windram voted "no".

PETITION CUP#90/5/7-3 CUP in C-1 Peter Lee

Mr. Ted Wicks, Wicks Consulting Services, Inc., was present representing the applicant.

No one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning, without prejudice, for a CUP in C-1 (Rural or Tourist Commercial), for an RV Park.

Commrs. Gregg and Windram voted "no".

PETITION CUP#90/5/4-2 CUP in A Charles Tyson

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 a CUP in A (Agricultural), for the care of infirm parents.

PETITION #47A-87-2 A to PUD Pierre & Denise Grimm

The applicant was present in the audience, and no one appeared in opposition to the request.

On a motion by Commr. Bailey, 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 PUD (Planned Unit Development), as amended for the expansion of the existing golf course, for two golf course holes only.

Commr. Gregg was not present for the vote.

PETITION #70-90-2 R-1-7 to R-1-5 Doris Faulk

Mr. James Iwan appeared before the Board and stated that he is one of the adjacent property owners. He stated that a VA loan was issued to him, once verification had been made that this was residential property.

Ms. Claudine Hohman appeared in favor of the request. She questioned whether or not Mr. Iwan's loan would be retracted, should a mobile home be placed on the property. Ms. Hohman stated that she was the previous owner of the home owned by Mr. Iwan.

Discussion occurred regarding the area already having mixed zoning, with Commr. Gregg stating that he has no problem with the request, because of it already being mixed.

A motion was made by Commr. Bailey, which was seconded by Commr. Swartz, to uphold the recommendation of the Planning and Zoning Commission and deny the request for rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential), for a mobile home.

The motion died, with Commrs. Bakich, Windram, and Gregg voting "no".

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to overturn the recommendation of the Planning and Zoning Commission and approve the request, as recommended by staff, for rezoning from R-1-7 to R-1-5, for a mobile home.

Commr. Bailey and Swartz voted "no".

PETITION #73-90-2 RMRP to R-1-15 Ronald & Sandra Richard

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

Commr. Bailey stated that, after reviewing the request, he could support ER, RA, or RR zoning, because of the sewer and water.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board to discuss the request. She stated that the applicant has tapped into the City of Leesburg for sewer, but has their own water supply. The City of Leesburg has agreed to expand to Highland Lakes, and will be going on Leesburg's water and sewer, which will run along Highway 27 against this property.

Commr. Bailey stated that he felt ER zoning would be preferable for this site, and for the use.

Ms. Bonifay discussed the configuration of the property, and the residence of the applicant already being located on the property. She stated that approximately 40 acres will be available for some type of conditional housing.

Ms. Bonifay stated that there is no access to Hawthorne's private road.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RMRP (Mobile Home Rental Park) to R-1-15 (Residential Estates), for residential development.

Commr. Bailey voted "no".

PETITION #75-90-2 A to RP Joe Dillman

Mrs. Debbie Stivender was present representing the applicant, and no one appeared in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RP (Residential Professional), for duplexes on 12,580 square foot lots and approximately 30 lots on a central water system with septic tanks.

PETITION #82-90-2 Uses in RP R. G. Hyatt

No one appeared in opposition to the request.

Commr. Bailey made a motion, which was seconded by Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approve the request for a classification of uses in

RP (Residential Professional), for an applicant repair service and dwelling, with the following additional requirement: All repair items must be kept inside a building and the site kept in reason-able good order.

Under discussion, Mr. R. G. Hyatt, applicant, appeared before the Board and stated that he would like to be able to place a lattice structure around the area, in order to get air to circulate.

Discussion occurred regarding this not being a professional use, but that the request was being made for Mr. Hyatt's livelihood.

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

Commr. Bakich voted "no".

PETITION #59-90-1 RR to ER Earl W. Stockwell

Mr. Frank Kutch, representing the Stockwells, appeared before the Board to discuss the request. Mr. Kutch stated that adjacent to the property is a small pond, and he will have to give up a lot of the land for a water retention area for the collector's on the street. He stated that he would like to stay with the request for the current zoning, but will effectively have 3/4 acre lot density overall, after taking out the area for water retention and the common area for the community well. Mr. Kutch presented pictures of Pine Harbor for the Board to review, and stated that the proposed development will be similar. He further stated that the St. Johns River Water Management District and the County would rather have one portable well that met State standards, than individual wells. He stated that the homes will consist of approximately 1,500 square feet, with a selling price range of $78,000.00 to $100,000.00.

Mr. Clarence Ostrander, owner of the property to the south, appeared before the Board to discuss the request. He stated that letters were sent to the Planning and Zoning Commission in opposition to the request. He further stated that he was willing

to give the applicant 33 feet for the right-of-way between the properties. Mr. Ostrander stated that he looked at other homes constructed by the applicant, and discussed the septic tanks that were above the ground, the wetlands, and the road conditions. He suggested that the applicant develop 3/4 acre lots, and not 1/2 acre lots. Mr. Ostrander stated that the County can receive more taxes on better homes developed on more acreage, and was opposed to the request.

Mr. Kutch stated that he did invite Mr. Ostrander to Pine Harbor to look at the sites, and that a septic tank did fall, due to the conditions of the property. He also discussed the road that had been damaged.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to ER (Estate Residential), to create an affordable subdivision.

Commr. Swartz voted "no".

PETITION CUP#90/5/2-1 CUP in C-2 G. K. Christensen

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

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP in C-2 (Community Commercial), for a travel trailer for security purposes.

PETITION #58-90-1 R-1-7 to R-1-5 Earl J. Hersey

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

On a motion by Commr. Gregg, 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 R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential), to place a mobile home on the site.

COMMISSIONERS

At 4:20 p.m., Commr. Bakich turned the Chairmanship over to Commr. Bailey.

PETITION #80-90-1 RR to R-1-10 W & F Agri-Growth

Mr. Steve Richey, Attorney representing the Sunnyside Property Owners Association, appeared before the Board and stated that the property owners came to an agreement with the developer, which provides that the property will be developed into 12,500 square foot lots with accommodating septic tanks, and which will accommodate the rest of the R-1-15 zoning district, with this being based on the small area study done by the Sunnyside Association.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to R-1-10 (Medium Residential), for a single-family subdivision.

Commr. Bakich was not present for the vote.

COMMISSIONERS

At 4:25 p.m., Commr. Bailey returned the Chairmanship back over to Commr. Bakich.

PETITION CUP#90/5/6-4 CUP in RMRP Robert & Dorothy Barth

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. Mr. Richey stated that this is a request for 10 additional acres to be developed jointly with the 15 acres owned by Mr. Charles Stewart, for a total of 25 acres. At this time he discussed the reverse swale and environmental berm.

Mr. David Merritt, who lives across the street, appeared before the Board to discuss his concern with traffic on Bay Road and US Highway 441.

Mr. Richey stated that, on the site plan, the applicant will be setting back from Bay Road for a total of 50 feet, with a vegetative buffer. Both developments will be on central water and

sewer. He further stated that the RV's will pay about twice as much impact fees.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to add the standard language, under Traffic Improvements, involving improvements required by the Public Works Department.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to insert the six-month time period.

Commr. Windram made a motion, which was seconded by Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approved the request, as amended for a CUP IN RMRP (Mobile Home Rental Park Residential), to construct an RV park, and with the requirement of "a reverse swale and environmental berm."

Under discussion, Commr. Swartz stated that this would cause commercial intrusion into residential zoning.

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

Commr. Swartz voted "no".

COMMISSIONERS

At 4:35 p.m., Commr. Gregg left for the remainder of the meeting.

PETITION #44-90-3 A to RR W. H. Dailey

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

Mr. Sam Pennington, representing the applicant, appeared before the Board and stated that two separate applications have been filed, one for RR (Rural Residential) zoning, and one for ER (Estate Residential) zoning. He stated that there is a total of approximately 70 acres. He stated that he is requesting that 10 acres on the highway be zoned commercial, with the rest of the property being zoned ER. He stated that a lot of the property will be lost due to water retention. He requested that the Board approve the ER zoning, and if there are further restrictions made to the ER zoning, that the restrictions be placed around the lake.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), for single-family residences.

Commr. Gregg was not present for the vote.

PETITION #5290-3 A to ER & CP Robert & Mercedes Murrell

Commr. Swartz stated that this request is in connection with the previous request, and therefore, did not feel that the Board could approve RR zoning for one and ER zoning for the other.

Mr. Sam Pennington, representing the applicant, was present to discuss the request.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the rezoning for the area fronting Highway 27 to CP zoning with C-1 and C-2 uses, and the request for the other parcel for residential to RR zoning.

Commr. Gregg was not present for this vote.

PETITION #70-90-2 R-1-7 to R-1-15 Doris Faulk (CONTINUED)

Mr. James Iwan appeared before the Board to discuss the action taken previously to approve this request. He stated that there have always been houses in this area.

Discussion occurred regarding the surrounding zoning and the mobile homes that are located within the different zoning districts.

Commr. Swartz stated that the request can only be reconsidered, if a motion is made from someone on the prevailing side. At this time, it was noted that those Commissioners and the applicant were not present.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board can reconsider this case at the next Board Meeting.

Commr. Swartz suggested that Mr. Iwan consult with the Commissioners from the prevailing side, to determine whether or not they would reconsider the request at the next meeting.

ACCOUNTS ALLOWED/FINANCE

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the ratification of the Board on financial items, which needed to be paid prior to the Board meeting.

Commrs. Gregg and Windram were not present for the vote.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ZONING

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the appointment of Mr. Robert Moore to the Board of Zoning Appeals, to replace Mr. William Rauch, whose term expired April 30, 1990.

Commrs. Gregg and Windram were not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:55 p.m.





_____________________________

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







_______________________________

JAMES C. WATKINS, CLERK



TMA/7-3-90/6-19-90