A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 17, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, July 17, 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, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

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

MINUTES

Action regarding the Minutes of July 3 and July 10, 1990, was postponed until the Board Meeting of August 7, 1990.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 122980 through Warrant No. 123281, for the following accounts:



Landfills Revenue Sharing

Pasco Fire District Private Industry Council

General Revenue Mosquito Control

Aquatic Weed Fine & Forfeiture

Animal Shelter Trust Fund Countywide Fire District

Bassville Fire District Northwest Fire District

Capital Outlay Law Library

South Lake Fire District Countywide Library

Miscellaneous Gas Fund Emergency 911 Fund

Section 8 Mt. Plymouth Fire District

Paisley Fire District Northeast Ambulance

Northwest Ambulance Criminal Justice Trust Fund

County Transportation Trust



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Ronald Gilmer, Juvenile, and William Gilmer, Parent in the amount of

$50.00 - Case No. 90-236-CJ, and authorized proper signatures on same.



Roads-County & State/Subdivisions/Assessments



Request for approval of Satisfaction of Assessment Liens, for the following subdivisions, and authorized proper signatures on same:



Harbor Shores



Charles and Erin Landphair $ 511.34



Highland Lakes



Marshall H. Gaard, subject to an agreement for 1,354.67

deed in favor of Mary I. McGowan and Judy L.

Voulgaris

Marshall H. and Betty L. Gaard 819.61

Marshall H. Gaard, subject to an agreement for 1,408.73

deed in favor of Betty Thompson

Marshall H. Gaard, subject to an agreement for 863.12

deed in favor of Betty Thompson

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 228.11

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 229.94

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.56

Marshall H. Gaard 233.45

Marshall H. Gaard 225.46

Marshall H. Gaard 244.83

Marshall H. Gaard 244.83

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.45

Marshall H. Gaard 233.56



Mt. Plymouth



Michael T. Collins 654.79

Michael T. Collins 674.61

Joseph S. Calhoun 542.13

Joseph S. Calhoun 542.13

Fred B. and Lisa A. Benson 533.53

Fred B. and Lisa A. Benson 533.53

Jan Z. Stominski 507.59

Oliver Frank Morris and Beverly G. Morris 542.02

D. Denton Sumrall 392.01

D. Denton Sumrall 894.22

Kevin Besaw 555.62

Glenn F. Sisson 707.20









South Corley Island



Lonnie Leon and Lisa Liston $ 1,519.79

Loren Lee and Angela Liston 2,188.56



Astor Forest Campsites



David H. and Myra T. Simmons 1,161.25

James E. and Beth J. Hewett 1,289.70

Robert B. and Brenda M. Pezza 1,720.21

George Lee 1,044.31

A. M. Collins, Jr. 15,737.18

Evelyn K. List 1,665.21



Haines Creek Heights



Glenn R. and Susan L. Price 886.28



Lake Crescent View Development



Joseph P. and Nancy LaFleur 3,277.68

William L. and Patti Carrasquillo 1,049.31



Garcia's Subdivision



Willie James Williams and Sheryl Yvonne, H/W 360.47



Pomerosa Subdivision



Gene and Brenda K. Smith 833.13

Gene and Brenda K. Smith 1,041.41

Gene and Brenda K. Smith 1,041.41

Gene and Brenda K. Smith 833.13



Joanna Shores



Darrell D. and Sonya E. Pursell 919.56



St. Johns Manhattan



Nellie McAllister 899.33

Nellie McAllister 899.34

Nellie McAllister 899.34



Imperial Mobile Terrace



John A. Markesteyn and Shirley Joan C. Markesteyn 207.90



Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1990, in the amount of $129,665.43.



Utilities - Public Service



Request to acknowledge receipt of For Your Information Item - Notice from the Florida Public Service Commission regarding Amended Notice of Commission Hearing pertaining to a Petition for Review of Charges paid by PATS providers to LECS, which was issued July 2, 1990. New hearing dates are Wednesday through Friday, August 1-3, 1990, at 8:30 a.m., Room 106, Fletcher Building, Tallahassee, Florida.









COUNTY MANAGER'S CONSENT AGENDA

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

Grants/Health & General Services/Planning & Development

Resolutions



Request for approval of an Authorizing Resolution and Standard Assurances form, in order to complete the application for Planning Grant funds for the Transportation Disadvantaged Commission, and authorized proper signatures on same.



Accounts Allowed/Subdivisions



Request for final approval of Highland Lakes, Phase 1-A, and acceptance of an Irrevocable letter of Credit, in the amount of $575,823.94, for performance. (200 lots in District 2)



Accounts Allowed/Public Works



Request to purchase one 100 ton Air Cooled Condensing Unit, from Lake Plumbing, Inc., in the amount of $29,982.00 (sole source).



Roads-County & State/Subdivisions/Public Works



Request to advertise Road Vacation No. 609, by J. R. Munson, to vacate road and lot, Silver Lakes Estates.



Roads-County & State/Public Works



Request to advertise Road Vacation No. 610, by Audrey Richter, to vacate street, Astatula area.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BUDGET TRANSFERS/PLANNING & DEVELOPMENT

BUILDING DEPARTMENT/CODE ENFORCEMENT/HEALTH & GENERAL SERVICES

COMMISSIONERS

On a motion by Commr. Greeg, seconded by Commr. Bailey and carried unanimously, the Board approved a request for budget transfers and other items affecting the budget, as follows:

General Fund, Planning & Development Department, budget transfer from Personal Services (Comprehensive Planning) to Personal Services (Building & Code Enforcement), in the amount of $18,106.00.



General Fund, Planning & Development Department, budget transfer from Reserve for Contingency to Personal Services (Building Division), in the amount of $13,783.00.



General Fund, Health & General Services Department, budget transfer from Buildings to Professional Services, in the amount of $23,585.00.



General Fund, Health & General Services Department, budget transfer from Reserve for Contingency to Machinery & Equipment, in the amount of $9,711.00.



General Fund, Board of County Commissioners, budget transfer from Land to Contractual Services, in the amount of $80,000.00



ACCOUNTS ALLOWED/BUDGETS/FIRE PROTECTION/MUNICIPALITIES

RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for a resolution to amend the South Lake Fire District Fund, to reflect an increase of $5,000.00 in revenue, due to unanticipated receipt of funds received for providing fire protection service to the City of Minneola.

ACCOUNTS ALLOWED/COUNTY ATTORNEY/COUNTY BUILDINGS & GROUNDS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request authorizing the County Manager to provide a phone system for the County Attorney's new location, and a request to transfer funds from Contingency to Communications, at a cost of $2,795.00.

CONTRACTS, LEASES & AGREEMENTS/OUTDOOR RECREATION

MUNICIPALITIES

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request for acceptance of a new agreement between the City of Leesburg and the Board of County Commissioners, regarding an amendment, for the purposes of the recreation funding previously granted to the City of Leesburg, and authorized proper signatures on same.

ACCOUNTS ALLOWED/BIDS/LANDFILLS/ENVIRONMENTAL SERVICES

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved a request for Superior Asphalt to withdraw its bid (low bid - $117,482.00), for closure of Loghouse Landfill; a request to return Superior's bid security ($5,874.10); and a request to reject remaining bids and rebid the project.

PLANNING & DEVELOPMENT/STATE AGENCIES

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Section 8

Housing Agency to submit an application for approximately 20 additional housing vouchers, to be contracted between Lake County and the U. S. Department of Urban Development.

COMMITTEES/RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved a request to adopt the resolution creating the Lake County Transportation Coordination Board, outlining its duties and designating the Board of County Commissioners as Planning Agency for services.

ORDINANCES/ZONING

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a request for authorization to advertise a proposed ordinance amendment, to permit additional uses in the A (Agricultural) Zoning District. Date of meeting to be set at a later date.

ACCOUNTS ALLOWED/BONDS/CONTRACTS, LEASES & AGREEMENTS

ROADS-COUNTY & STATE/SUBDIVISIONS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for final approval of Spence Estates; accepted a cash bond, with agreement, in the amount of $3,285.00, for maintenance; and accepted the following road into the County maintenance system: Lake Boulevard extension (3-1320). (11 lots, District 3)

BUILDING DEPARTMENT/SUBDIVISIONS

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request to issue building permits, prior to final plat recording, for Greater Hills Subdivi-sion, Phase II, subject to signing of standard agreement by Greater Hills Construction. It was noted that subject plat is currently in review by the Public Works Department, for final approval, and staff would anticipate only minor revisions, if any, prior to Board approval.





COUNTY ATTORNEY'S MATTERS

COUNTY ATTORNEY/INSURANCE

Ms. Annette Star Lustgarten, County Attorney, informed the Board (for informational purposes only) that the hourly rate for retention of the services of Attorney Tom Moore, for Workers' Compensation cases, had gone up from $75.00 to $80.00 per hour, as of July 1, 1990.

COMMISSIONERS/ELECTIONS/LAWS & LEGISLATION/RESOLUTIONS

Ms. Annette Star Lustgarten, County Attorney, brought up for discussion the matter of placing a nonbinding referendum question of single member districts on the November 6, 1990, primary ballot or general election ballot, pursuant to 1990 Senate Bill 3224, requiring a straw ballot.

Mr. Dick Saron, a resident of Tavares, appeared before the Board stating that he would like to see the County keep single member districts.

Mr. Jay Vander Meer, a local resident, appeared before the Board stating that he did not think single member districts work and that he was for a countywide district.

Ms. Marian McKinney, a local resident and past candidate for the County Commission, appeared before the Board stating that she was for keeping the single member districts, as the residents of each district have a more personal relationship with their particular Commissioner.

Considerable discussion occurred regarding the issue of single member districts versus countywide districts, at which time a motion was made by Commr. Bailey and seconded by Commr. Gregg to place a nonbinding referendum question on the November 6, 1990, general election ballot, of whether or not the County Commissioners should continue to be elected from single member districts.

Mr. Joe Stephany, a local resident, appeared before the Board stating that he felt it was time Lake County started working on a charter government, to which Commr. Swartz concurred. Commr. Gregg noted that he had made said suggestion when the Board was setting

their priorities for the year and that it did not even make the list.

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

Commr. Swartz voted "No", noting that he would like to give the single member districts a chance to work, before considering the possibility of going back to a countywide district.

PUBLIC HEARINGS - ROAD CLOSINGS

Petition No. 605 - Marian McKinney - Lisbon Area

No one present wished to discuss this request with the Board. It was noted that the proper proof of publication was on hand as it appeared in the June 28, 1990, and July 5, 1990, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a request to vacate streets, an alleyway, and lots in the Lisbon area, as advertised in Petition No. 605, by Marian McKinney.

Petition No. 607 - Lake County Public Works - Plum Lake

Estates

No one present wished to discuss this request with the Board. It was noted that the proper proof of publication was on hand as it appeared in the June 28, 1990, and July 5, 1990, editions of

The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to vacate an easement in the Plum Lake Estates, as advertised in Petition No. 607, by the Lake County Public Works Department.

It was noted that a letter was on file from the City of Minneola requesting approval of same.

Petition No. 608 - Robert J. Willets c/o John D. Weatherford - Silver Beach Heights Area

No one present wished to discuss this request with the Board. It was noted that the proper proof of publication was on hand



as it appeared in the June 29, 1990, and the July 5, 1990, editions of The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a request to vacate a right-of-way in the Silver Beach Heights area, as advertised in Petition No. 608, by Robert J. Willets c/o John D. Weatherford.

ACCOUNTS ALLOWED/FINANCE

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request for ratification of the Board on financial items which needed to be paid prior to this Board Meeting.

COMMITTEES/RESOLUTIONS/ZONING

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution for Carl Ludecke, for his years of service on the Board of Zoning Appeals.

COMMITTEES/RESOLUTIONS/ZONING

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution for William Ranch, for his years of service on the Board of Zoning Appeals.

RESOLUTIONS/STATE AGENCIES

Considerable discussion occurred regarding the Rails to Trails issue and funding of same, at which time Mr. Al Thelen, County Manager; Mr. Chuck Pula, Recreation Director; and Commr. Swartz gave input.

Commr. Swartz suggested that a letter be sent to the Department of Natural Resources requesting funding, noting that Lake County is considering an RFP, as well as the fact that the County's Recreation Coordinator is looking at abandoned railroad right-of-ways, for use in the Rails to Trails project.

Commr. Swartz also requested that a resolution be prepared, to be brought back before the Board at the Special Budget Meeting that has been called for July 19, 1990, for approval, in order to get it to the Department of Natural Resources as soon as possible, as they

will be making decisions regarding the matter before the end of the month.

HEALTH & GENERAL SERVICES/PUBLIC HEALTH

Ms. Monica Farmer, HRS Client Manager, appeared before the Board to discuss and answer any questions there might be regarding the 1990-91 HRS District III Alcohol, Drug Abuse & Mental Health Comprehensive Services Plan.

Discussion occurred regarding the matter, at which time Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board stating that he found no problems, overall, with the plan except for one area, being, the ability for the District III office to access private, as well as Medicaid/Medicare, third party reimbursements, which keeps the need for tax dollars going into Lake Sumter Mental Health quite low. He stated he would like to see an amendment added to the plan, in that no further Certificates of Need, for Lake County, be issued for inpatient psychiatric units, until Lake Sumter Mental Health has operated for at least three (3) years, at 85% occupancy, or better.

Mr. Bert Lacey, representing Lake Sumter Mental Health, was present in the audience and it was noted that he concurred with Mr. Strickland, regarding the matter.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved an amendment to the 1990-91 HRS District III Alcohol, Drug Abuse & Mental Health Comprehensive Services Plan, as stated above by Mr. Strickland.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the 1990-91 HRS District III Alcohol, Drug Abuse & Mental Health Comprehensive Services Plan.

RECESS & REASSEMBLY

At 10:35 a.m., the Chairman announced that the Board would take a brief recess.

PUBLIC HEARING

ORDINANCES/LANDFILLS

Ms. Annette Star Lustgarten, County Attorney, brought to the attention of the Board the matter of an amendment to the CountY's Solid Waste Flow Control Ordinance and a request for approval of same.

A brief discussion occurred regarding the matter.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved an amendment to the County's Solid Waste Flow Control Ordinance, as alluded to by the County Attorney.

FIRE PROTECTION

Mr. Gene Frey, the County's new Public Safety Director, was introduced to the Board by Mr. Strickland, Director of Health & General Services.

Ms. Karen Bowerman, Fire Administration Coordinator, appeared before the Board and gave a presentation regarding the Fire Protection Master Plan for South Lake County while reviewing a map, on display, indicating the urban, suburban, and rural areas in the county and response times from fire stations in each area. She also discussed areas in which additional fire stations will be needed in the near future.

Considerable discussion occurred regarding the plan, at which time issues such as impact fees and MSTU's were covered. Commr. Windram questioned whether local government is going to be financed with impact fees, in light of the fact that the County is presently working on a transportation impact fee; a sewer/water study is underway; it is now looking at fire protection; and there is talk that a library fee should be tacked on. He also noted that the County has not yet allocated anything for recreation, nor have they addressed the issue of additional costs associated with the Sheriff's Department.

Mr. Al Thelen, County Manager, responded that the issue of recreation had been addressed and that part of Public Safety

relates to the Sheriff's Department. He stated the answer to Commr. Windram's question regarding impact fees would be "Yes".

Commr. Swartz suggested overlaying the entire urban node, located at the intersection of Hwy. 474/192 and 27, with either an MSTU or MSBU for municipal services, and to include all municipal services that said urban node should have, from schools to fire to wastewater, and to be collecting said MSTU on all the properties within said urban node, in order to finance the structure and give appropriate credits. He stated he feels that said area is unique to Lake County, in that it is the only urban node that the County knows the actual physical size of.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that schools cannot be included in a County MSTU, as the actual construction of the schools is a School Board function.

Mr. Steve Richey, Attorney, appeared before the Board stating that he represented several developers in the area in question. He discussed the amount of taxes for the area in question, as well as credits for same. He suggested that the County have private proposals provide the kinds of service Commr. Swartz alluded to in the areas that will be looked at.

Commr. Swartz stated, for informational purposes, that in order to get an MSTU in place, the County has got to have it before January 1, 1991.

Commr. Gregg stated a consensus has already been made that an MSTU is the direction to go, therefore, it is now the County Attorney's job to develop same and bring it back to the Board for approval.

Mr. Thelen, County Manager, noted that staff will be coming before the Board with a workshop, in August, on an MSTU, as it relates to Fire Protection. He stated that on July 31, 1990, there will be two (2) workshops - one on solid waste and one on water/sewer. He stated staff is aware of the timetable alluded to by Commr. Swartz and that they will have the MSTU before the Board

in time for them to study it and give staff directions, in order for it to be enacted before the end of the calendar year.

Commr. Gregg noted that the meeting about consolidation will be a workshop, not a public hearing.

No action taken at this time regarding Fire Protection - strictly presentation.

RECESS & REASSEMBLY

At 11;50 a.m., the Chairman announced the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

REZONING

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

CUP#88A/8/5-4 Thomas A. Weems

#91-90-3 Phil Orr

PUBLIC HEARINGS

#67-90-3 RR TO PFD LOTTIE H. COLLINS

Mr. Frank Gaylord, Attorney, representing the Congregation of Jehovah's Witnesses, appeared before the Board stating that he was not present at the Planning and Zoning Commission Meeting, however, understood that there were two objections to the petitioner's request, being: (1) potential damage as related to stormwater and (2) increased traffic of Old Hwy. 50. He submitted, for the record, a stormwater retention control plan which has been established, as well as a site plan, which reflects the retention areas for which it is based. He also distributed pictures of a church, similar to the one in question, to the Board for their perusal. He discussed a concern the community has regarding the increase in traffic, as well, stating that he felt the highway in question was very capable of handling the increase in traffic flow.

Due to the fact that residents in the area in question opposed the request (petition submitted with 60 names) because they felt a church did not belong in the middle of their residential community, it was noted that a Baptist church is already located in the vicinity, however, on the outskirts.

Mr. Sam Pennington, a local attorney who lives in the community in question, appeared before the Board, representing himself, as well as the 60 residents who signed the petition alluded to above, in opposition to the request, stating that when said residents purchased their property, they were assured that nothing would be built in the neighborhood other than residential homes, noting that the church in question will be built directly in the middle of their community. He stated the residents also do not want the increase in traffic the church will generate.

Mr. David Batman, a resident of the community in question, appeared before the Board in opposition, stating that the area is presently rural residential and he feels it should remain so. He stated the church in question is not conducive to the area, however, the Baptist church alluded to earlier is conducive to the area in which it is located.

Mr. Mike Simmons, a local resident who lives directly across from where the church in question will be located, appeared before the Board, in opposition, stating that when he and his neighbors purchased their properties, they had to sign very strict deed restrictions. He also stated a lot of children live in the neighborhood and he would hate to see one of them get hurt by the increased traffic flow which will be generated by the proposed church (which will have a 250 seat capacity).

Commr. Swartz stated he had a problem voting on approving the request for PFD when the petitioner did not have the necessary site plan, as called for under the PFD ordinance. Secondly, he stated he felt some of the conditions are inconsistent with the conditions that are in the PFD ordinance. He also stated a problem he had with the traffic aspect and, from that standpoint, was not sure that the area in question was the best location for a church. Due to the facts he alluded to, Commr. Swartz suggested that the request be postponed, in order to obtain the correct submittal of site plan information, as well as address the other issues which were alluded to.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board postponed action regarding this request until the Board Meeting of August 21, 1990.

#116A-82-1 DELETE PROPERTY FROM MP ORD. #39-82 & REZONE FROM

MP TO R-1-7 STEVEN A. DONAHUE

No one present wished to discuss this 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 a request to delete property from MP Ord. #39-82 & rezone from MP (Planned Industrial) to R-1-7 (Urban Residential), to delete land.

Commr. Gregg was not present for the vote.

CUP#9O/6/6-4 CUP IN A HAROLD COFFMAN

Mr. Steve Richey, Attorney, representing Mr. Terry Collins, a

protector of cold-blooded endangered species, who presently operates a facility up North, however, hopes to relocate to this area, appeared before the Board to discuss this request and answer any questions there might be from the Board. He elaborated on how the requested facility will operate.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that this request involves an A-1-20 overlay district in the Wekiva area, and is only permitted as a home occupation, which would be a veterinarian for consultation for emergency treatment or limited practice. She stated that home occupations are somewhat limiting in requiring that all structures be attached to the main structure and that the home occupation not be the dominant use. She also stated there are two standard requirements normally associated with a home occupation, which she elaborated on, noting that the Board would be waiving said conditions, if they approved the request.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in

A (Agricultural) for a home occupation, as amended, for private research and breeding farm for threatened and endangered wildlife. #89-90-4 A TO RR EARL SHOWERS

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

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 a request for rezoning from A (Agricultural) to RR (Rural Residential), for residential purposes. Commr. Swartz voted "No".

#96-90-4 A TO AR JOHN AND ANITA DELLA-PIETRA

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

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), for residential use.

#86-90-4 A TO CP WITH C-2 USES GERALDINE M. EMERSON

Mr. Greg Beliveau, Lake Land Planning Group, Inc., representing the applicant, appeared before the Board to respond to a question regarding whether the applicant was agreeable to a berm. Mr. Beliveau stated that the applicant did not have a problem with the berm, only with the 18 ft. setback requirement, and would like to have it reduced from 18 ft. to 10 ft.

A motion was made by Commr. Windram and seconded by Commr. Gregg to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-2 (Community Commercial) uses, as amended, reducing the berm requirement of an 18 ft. setback to 10 ft., for a showroom and warehouse for terazzo and tile.

It was noted that a site plan had not been submitted, at which time a brief discussion occurred regarding said fact. Ms, Annette Star Lustgarten, County Attorney, gave input regarding the matter and it was noted that it was the consensus of the Board that a site plan would not be needed for this particular request.

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

CUP#9O/6/5-4 CUP IN LM PAUL C. THOMAS

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

On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in LM (Light Manufacturing), for a mobile home to be placed on the site, for security.

#84-90-5 RR TO RP MORTON & DENISE KESSELRING

Mr. Morton Kesselring, applicant, appeared before the Board stating that he would like to house his firm (Classic Security Systems, Inc.) in the building in question. He distributed a map (for the record) depicting the zoning districts in the area in question, as well as a sketch indicating a 6 ft. privacy fence around the back portion of the property in question, which would hide company vehicles parked on the property during business hours.

Ms. Pat Robinson, a resident of the area in question, appeared before the Board stating that she recently moved into a home located directly behind the facility in question. She stated she is not opposed to the request, however, noted that the fence alluded to is old and rotten and feels that it should be replaced by a new one.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for rezoning from RR (Rural Residential) to RP (Residential Professional), for a professional office building.

#94-90-3 A TO M-1 OR MP L. R. HUFFSTETLER III

Mr. Bob Williams, Attorney, representing Mack Concrete Industries, Inc., appeared before the Board stating that the request before the Board this date concerned a piece of property located across the street from Mack Concrete Industries' present

facility, of which a portion of said property will be used primarily for the storage of finished products.

Mr. Williams noted that Mr. and Mrs. Richard Mack, owners of Mack Concrete Industries, as well as Mr. John Ola, Operations Manager for the plant, were present in the audience should they need to answer any questions regarding the request.

Mr. Greg Beliveau, Lake Land Planning Group, Inc., appeared before the Board representing the petitioner. He discussed a concern regarding traffic loads in the area and distributed pictures of the present operation, affirming the fact that it is a clean operation, that is not offensive to the surrounding community.

Mr. Williams reappeared before the Board to clarify the fact that when the application was filed, it stated the purpose for the rezoning request was for a cement plant, however, it is not - it is for storage for the plant, as earlier stated.

Ms. Cecelia Bonifay, Attorney, representing H. E. Schultz, the owner of a piece of property contiguous to the property in question, appeared before the Board, in opposition. She submitted a petition (with approximately 35 names), requesting the Board to reject the application, as the residents do not want the noise, dust factor, and unsightly appearance of this type of plant in a zoned residential and agricultural area.

Ms. Minnie Adkinson, a local resident of the area in question, appeared before the Board, in opposition, stating that she was concerned about the traffic aspect of the request, in that she feels the plant already presents a traffic hazard.

Mr. Beliveau reappeared before the Board and distributed a site plan, for the Board's perusal, as well as addressed the traffic issue. He also discussed a berm, or fence, for said property, at which time Commr. Gregg recommended a fence, as well as vegetative screening, due to the fact of concrete forms being poured and placed on site, as well as the fact of equipment being housed on the site.

Commr. Swartz stated that, should this request be approved for MP uses, he would like to have the site plan come back before the Board, for review of concerns regarding the plant's appearance, the dust factor, the fence or vegetative buffering issue, as well as other issues which he did not elaborate on at this time.

Ms. Annette Star Lustgarten, County Attorney, gave input regarding fencing and landscaping requirements.

Commr. Swartz stated, if a visual buffering along the existing property is addressed, he would be willing to, with the requirements of the MP and site plan, have it come back before the Board.

A motion was made by Commr. Swartz and seconded by Commr. Windram to uphold the recommendation of the Planning and Zoning Commission, and approve a request for rezoning from A (Agricultural) to MP (Planned Industrial), for storage only, with a requirement that the site plan come back to the Board, including the existing recommendation from staff, as well as a requirement that some visual buffering (to be determined during site planning) be dealt with on the existing property along Hwy. 561.

Commr. Gregg stated he would not want to restrict the rezoning request to just storage, at which time Commr. Swartz clarified the fact that, at this time, he would move with the recommendation of Planning and Zoning, for storage only.

Commr. Windram then withdrew his second, at which time Commr. Bailey seconded the motion.

Commr. Gregg made a motion to amend Commr. Swartz's motion, to allow for the pouring and placing of the forms on said parcel, at which time Commr. Windram seconded the amendment.

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

Commrs. Swartz and Bailey voted "No".

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





#85-90-2 A TO RR W. C. AND DOROTHY DAVIS

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

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

Commr. Swartz voted "No".

#95-90-2/3 RR TO R-1-15 RAY STOSBERG

Mr. David Clapsaddle, Springstead Engineering, Inc., appeared before the Board representing the petitioner, stating that there was a discussion at the Planning and Zoning Commission Meeting regarding school services, at which time he clarified the fact that the only services that would be coming from Clermont would be in the Clermont school district, noting that water, sewer, police and fire protection, etc. would be provided by the County.

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 a request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates), for single family residential development.

#92-90-3 A TO AR BEN AND ANNETTE BOTNER

No one present wished to discuss this 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 a request for rezoning from A (Agricultural) to AR (Agricultural Residential), for residential homesites.

CUP#90/6/4-2 CUP IN A ROBERT J. WADE

Mr. Richard Huff, Huff Real Estate Corporation, appeared before the Board representing Mr. Robert Wade (owner of property in question) and Mr. Robert Barfield (owner of the sporting clay gun club which is planning to use the property in question). Mr. Huff stated he felt the reason the petitioners did not have the support

of the Planning and Zoning Commission was due to the fact that the Commission was not fully informed, regarding the matter.

Mr. Huff stated the Planning and Zoning Commission was concerned about wildlife in the area in question being affected, at which time he distributed letters (for the record) from Myrtlewood Plantation, in Thomasville, Georgia, as well as letters from the Florida Game & Fresh Water Fish Commission and Mr. Jon Ramsey, who was once the Manager of Heartbreak Ridge Sporting Clay, in Albany, Georgia, regarding wildlife habitat living within an area where there is noise pollution and how same survives and adapts to said noise.

Mr. Robert Swanson, representing the petitioner, appeared before the Board and distributed a graph (revealing the results of a sound test which was conducted in relation to sporting clay shoots) and letter from himself (for the record) regarding same.

Mr. Robert Barfield, one of the proposed owners of Cypress Bay Sporting Clay Club, appeared before the Board stating that, at the present time, there are plans for two towers to be installed on the site in question, for trap and skeet shooting. He indicated how many individuals they estimate will use the facility, per day, as well as noted that there would never be any shooting across property lines.

Ms. Laura Thompson, the owner of a ranch in the vicinity of the property in question, appeared before the Board, in opposition, stating that she breaks and trains racing horses and feels that it will be difficult to do so with guns going off around them.

Mr. Charles Miller, the owner of a piece of property that abuts the property in question, appeared before the Board, in opposition, stating that he also trains horses and is concerned about the noise which will be generated by the proposed sporting clay gun club. He stated there are approximately nine residences which are in close proximity to the property in question. He disputed statements made this date, by Mr. Barfield, regarding the

number of individuals estimated to use the facility, per day,

memberships, etc., stating that they were completely different than statements made at the Planning and Zoning Commission Meeting.

Mr. Claude Smoak, an adjacent property owner to the north and west of the property in question, appeared before the Board, in opposition. He discussed setback requirements and referred to several articles, and a handout, from the sporting clay gun club association, describing a typical course, indicating the number of shooting stations (which range from six to 20), how many rounds can be shot (from 25 to 100 per game, the typical number of targets, per course, and how long it takes, basically, to complete the course (from 1 to 1-1/2 hours). He stated he felt it was a great idea - just located in the wrong place. He also discussed the noise factor, stating he was a bonafide agricultural businessman (cattle) and felt that he may not be able to control his cattle, due to the nearby gunfire. He requested the Board not to allow a commercial business in the middle of an agricultural zoning.

Mr. Bob Wade, petitioner, appeared before the Board to address the concern of noise pollution. He stated he had checked with the Silver Dollar Gun and Trap Club in Odessa, Florida, of which there is a mobile home park on one side, a golf course on another, and a horse training facility on the other, noting that they have had no problems, thus far, with the noise factor. He stated he felt the facility would be advantageous to the area and would not cause any harm.

Mr. Barfield reappeared before the Board to address a concern regarding the safety factor, due to the number of shooting stations in a typical course, noting that the course is laid out in such a manner as to direct the field of fire to where safety is the number one factor, noting that no sporting clay course has ever had a fatality, since its inception over 65 years ago. He noted the course would not be laid out in any way as to allow shooting across property lines, thereby, endangering animals or people. Concerning the noise level, he stated the property in question is laid out in such a way that it creates a natural sound barrier.

Commr. Gregg stated he felt the request was an infringement in an agricultural area, therefore, could not support it.

Commr. Bailey concurred with Commr. Gregg and noted that he could not support it as well.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for a CUP in A (Agricultural), for a sporting clay gun club.

Commr. Windram voted "No".

#90-90-2 A TO RR LINDA S. SEIBERT

No one wished to discuss this request with the Board.

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

#93-90-2 CLASSIFICATION OF USES IN RP CLYDE COLE

Ms. Nancy Cole, petitioner, appeared before the Board to respond to some concerns brought up by Commr. Bailey regarding the conditions of the site in question. Commr. Bailey stated he had visited the site and would have to see some changes in the condition of the property before supporting the request.

Commr. Bailey requested approval of a postponement of 30 days, in order to allow the petitioner to clean up the area in question.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved postponement of action regarding this request for 30 days, until the Board Meeting of August 21, 1990.

#83-90-1 A TO R-1-5 NATHANIEL ALLEN, JR.

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

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied, without prejudice, a





request for rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential).

CUP#90/6/3-5 CUP IN A LOU SUMMERFIELD C/O FLORIDA FRESH

MUSHROOM FARMS, INC.

Ms. Cecelia Bonifay, Attorney, representing Florida Fresh Mushroom Farms, Inc., appeared before the Board and presented a petition (for the record), with approximately 80 names of individuals residing in the surrounding area, in support of the request, as well as a site plan. She stated she felt there was some disparity between the actual conditions of the site in question and what is thought to be the conditions of the site. She stated the petitioner is proposing to expand the operation, which would add some additional buildings in which the mushrooms are actually grown, and cultivated, as well as to enlarge the area in which compost is kept.

Mr. Ronald Dye, a resident of Emeralda Island (located near the mushroom farm), appeared before the Board, in opposition. He distributed a packet (for the record) containing maps of the area in question; petitions containing names of individuals opposed to the expansion of said farm; a letter from Environmental Services, citing complaints of hay stockpiling and odors from the chicken manure pile, and a request for improvements to same; a Sanitary Nuisance Complaint concerning odors and flies from the farm; a Complaint Investigation Form from Pollution Control; a letter from Natural Systems Analysts, Inc., Certified Environmental Consultants, citing reasons for opposition from nearby residents, as well as various other documents.

Mr. Dye referred to the CUP and disputed some of the things it stated. He noted a concern he had about water contamination from the manure piles and discussed various unhealthy conditions found on the property in question.

A local Tavares doctor, present in the audience, appeared before the Board, in opposition to the request, stating that he was



concerned about air pollution generated by dust from the haypiles located on the mushroom farm.

Mr. Ed DeBar, a resident of the area in question, appeared before the Board, in opposition to the request. He read a statement from residents of the area, opposing the request, noting their reasons for doing so, and made several suggestions for improving conditions of the mushroom farm, should the request be approved.

Mr. Bud Graham, the owner of two parcels of property near the mushroom farm - a 107 acre development and 170 acres on Lake Yale -appeared before the Board, in opposition, stating a concern that the mushroom farm will be affecting 140 homes which are proposed to be built on the two parcels, of which some are already in the process of being built, amount to a $14 million tax base. He stated, if the mushroom farm is expanded and the developments do not go, due to the odor problems and pollution generated by it, the County will be losing a lot of tax monies.

Mr. John Whitaker, the owner of several hundred acres in the area in question, appeared before the Board, in opposition, stating that he, personally, had no objection to the mushroom farm expanding, however, feels that the owners of the farm cannot control the odor. He stated he felt property rights were the issue in question, noting that Mr. Summerfield (petitioner) owns seven and one-half acres and questioned whether he had the right to destroy over five hundred acres, due to the odor problem. He suggested the Board offer the owners a compromise to control the odor problem they presently have, and if they can control it, then let them come back in a year and double, or even triple, their farm, if they choose to do so. He stated the residents in the area are not asking the Board to shut the farm down, just to let them prove to the residents that they can control the odor.

Mr. David Wilburn, a resident who lives approximately 500 feet west of the property in question, appeared before the Board stating that he was not against the mushroom farm, itself, he was against

the terrible odor, noting that the odor is worse than that from a dairy farm.

Ms. Bonifay reappeared before the Board, in rebuttal, stating that the farm complies with Lake County's Comprehensive Plan and is compatible with surrounding properties, from a land use standpoint. She also noted that, to her knowledge, the farm has had no citations, as yet, from the St. Johns River Water Management District, nor have any environmental issues been raised by any environmental agencies charged with handling such responsibilities.

Mr. Terry Cournyea, Lake County Agricultural Agent, appeared before the Board and stated he had visited the farm on several occasions, unannounced, over the past five years and found the operation to be handled properly, noting that it was a state of the art operation. He briefly touched on the issue of nutrient runoff, stating that the composting process that is being used requires a lot of water, as well as an aerobic situation, which means that the piles have to be out in the open and have to be turned on a regular basis, noting that said procedure does produce some ammonia which rises and travels with the wind.

Mr. Richard Roof, Director of Pollution Control, appeared before the Board and answered a question regarding whether or not the farm needed to go through a DER process, at which time Mr. Roof noted he had spoken with an individual from DER's Industrial Waste Department and they stated that some mushroom farms do have to come under DER permitting, for wastewater runoff, therefore, he put in the CUP that they must apply for a permit, and, if one is not required by DER, that they demonstrate same to the Pollution Control Department, by documentation. Mr. Roof informed the Board of other conditions he had placed in the CUP concerning the farm, such as complying with the County's stormwater and wastewater regulations, as well as setback requirements.

Mr. Ted Wicks, Wicks Consulting Services, Inc., consultant for Florida Fresh Mushroom Farms, Inc., appeared before the Board stating that a recycle pond will be constructed that will collect

any runoff from the concrete apron where the compost is stored, noting that it will be a sealed pond with a pump, which will enable the petitioner to recycle said water and use it in the operation, thus, reducing the amount of water which will actually need to be drawn out of the ground for use on a day-to-day basis.

Commr. Bailey stated he would like to see some time before approving expansion, possibly six months.

Commr. Bakich stated he felt the owners of the mushroom farm are making a good faith effort to try and make their operation a good one. He stated he felt the present CUP has some room for improvement, noting that the new CUP which is being considered gives the County the opportunity to do so. He stated, if the request is approved, he would recommend adding to the CUP that an eight foot high wall be installed connecting the two structures, for visual screening of the mixing process and materials; that a continuous berm be provided around the entire area; that the property be kept maintained, with no storage of materials; and that the property remain consistent with the surrounding area. He stated he would also like to have a pesticide plan submitted (for the record) as to what process will be used for the eradication of flies. He recommended, as well, that there be an enclosed structure for storage of the dry manure.

Mr. Roof stated he had asked that an operational plan be submitted and felt that it would be appropriate that the applicant address the control of flies, odor, etc., in said operational plan, so that staff will have it for review, at which time they can recommend approval or denial of same.

Commr. Swartz stated he felt it would be a mistake to approve the expansion request, at this time, as he felt there was a land use conflict, and approval of the request for expansion was going to create more of the same.

Commr. Windram stated he would argue the point, regarding the mushroom farm, that agriculture did not infringe on an urban area -it was just the opposite - an urban area went into an agricultural

area. He noted, by urban areas infringing on agricultural areas, it is leaving few places for agricultural uses, such as chicken farms, hog farms, etc., noting that orange groves are almost gone -they are becoming a thing of the past.

A motion was made by Commr. Gregg and seconded by Commr. Windram to uphold the recommendation of the Planning and Zoning Commission and approve a request for a CUP in A (Agricultural), as amended, allowing a 35 foot setback on the eastern side and 100 foot setbacks on all other areas, as well as the recommendations made earlier by the Chairman, for the growth and production of mushrooms.

Commrs. Swartz, and Bailey stated they could not support approval of the request for expansion until the odor problem is brought under control.

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

Commrs. Swartz and Bailey voted "No".

CUP#90/6/1-5 CUP IN R-1-7 BONFIRE MOBILE HOME PARK

BY DR. RONALD CUNNING

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

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 a request for a CUP in R-1-7 (Urban Residential), for storage areas for park residents and utilities.

#88-90-1 R-1-7 AND RM TO RMRP WILDER CORPORATION

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

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-1-7 (Urban Residential) and RM (Mobile Home Residential) to RMRP (Mobile Home Rental Park Residential).





#97-90-3 A TO PUD CONDEV ORLANDO U.S. 27 LTD.

Mr. Bob Whitten, R. J. Whitten and Associates, planners for the project in question, appeared before the Board.

Commr. Swartz stated he wanted to make sure that the voluntary $20 for fire protection and voluntary $20, per unit, for schools is not in place of any other fees that might be required later.

Commr. Bakich stated one of the things that concerned him regarding this issue was the fact that the Board was talking about standards and consistency earlier in the day, and noted they have required other developers to donate $150.00 for schools, noting that they have done this same thing for other PUDs, throughout, and need to remain consistent. He pointed out the fact that the combination of public safety fees comes to approximately $127.00, as it has been amended, and he would like to see the County get more in line with it, noting it is presently $79 for fire; $8 for emergency and $40 for law protection.

Commr. Swartz stated he did not have a problem with changing the figures, he just wanted to make sure that the applicant understands and that the language in the PUD is clear, at which time Commr. Gregg suggested that it be made clear. He questioned Commr. Bakich as to whether he was suggesting $150.00 for schools and $127.00 for public safety, per lot, to which Commr. Bakich stated that this was correct.

Mr. Whitten clarified the fact that if the fee ends up being greater than the voluntary $127.00 for public safety and $150.00, per unit, for schools, alluded to, he is to abide by the greater fee - if the fee ends up being less than the $127.00 for public safety and $150.00 for schools, he is to abide by the lesser fee, and, in the interim, should the County's impact fees never be enacted, then he is to go by the $127.00 for public safety and $150.00 for schools.

Commr. Swartz requested staff to amend what the Planning and Zoning Commission recommended, to reflect the above stated language, at which time Mr. Whitten stated he did not have a

problem with that, as long as the Board could make him feel comfortable with the fact that he was not the only one doing so, to which Commr. Bakich reassured him that he was not.

Commr. Swartz then pointed out the fact that, under fire protection, it still shows a one acre land donation, at which time Mr. Whitten noted that same should have been deleted, as they never could make the correlation between one acre and some sort of assessment.

Ms. Lustgarten interjected that the fee would be in lieu of the one acre donation.

Commr. Swartz briefly touched on the subject of a Municipal Services Taxing Unit (MSTU) being placed on the urban node in question, to help pay for infrastructure uses, so that everybody pays their fair share. He also touched on the issue of affordable housing, noting that he felt there should be some sort of affordable housing element in the budget.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved waivers one, two and three, as alluded to by the Planning and Zoning Commission.

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 a request for rezoning from A (Agricultural) to PUD (Planned Unit Development) in the Bramalea Urban Node, with waivers, and the following amendments: the requirement of one acre for the fire station, and changing the per unit protection and per unit school costs, as alluded to earlier, for construction of residential and commercial development.













There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:40 p.m.



_______________________________

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







------------------------------

JAMES C. WATKINS, CLERK



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