A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 21, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, August 21, 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.

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

MINUTES

Regarding the Minutes of July 17, 1990, changes were requested to be made, as follows:

Commr. Swartz noted the following:

On Page 9, Line 15, the name Lueck should be changed to Ludecke.

On Page 12, Line 5, the letters MSPU should be changed to MSBU.

Commr. Swartz then requested that an excerpt which Mr. Thelen, County Manager, had specifically requested regarding Zoning Case No. 97-90-3, Condev Orlando U.S. 27 Ltd., be inserted in the Minutes, replacing that portion of the Minutes which presently exist, with amendment as indicated.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of July 17, 1990 (Regular Meeting), as amended.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of July 24, 1990 (Special Meeting), as presented.

Action regarding the Minutes of July 31, 1990 (Special Meeting), was postponed until the September 4, 1990 Board Meeting.

CLERK'S CONSENT AGENDA

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

Accounts Allowed

Request to pay Warrant No. 124432 through Warrant No. 124694, for the following accounts:



Landfills Countywide Fire District

County Transportation Trust Fine & Forfeiture

Countywide Library General Revenue

Miscellaneous/Gas Fund Mosquito Control

Bassville Fire District Certificate of Indebtedness

Emergency 911 Fund Private Industry Council

Northwest Fire District Mt. Plymouth Fire District

Aquatic Weed Capital Outlay

Section 8 Commissary Trust Fund

Animal Shelter Trust Fund Pasco Fire District

Northeast Hospital South Lake Fire District

Revenue Sharing Northeast Ambulance

Northwest Ambulance

Accounts Allowed/Subdivisions



Request to approve Satisfaction of Assessment Liens, as follows, and authorized proper signatures on same.



Hilltop Sorrento



Harvey G. Smith $ 3,655.60



Mt. Plymouth Subdivision



Mark A. Palmer 650.52

Mark A. Palmer 650.52

Webb W. Colegrove 544.78

Webb W. Colegrove 544.78



Astor Forest Campsites



Ray D. and Margaret Branham 1,933.71

Alton G. and Elizabeth Hunt 1,393.86



Lake Crescent View Development



Jack and Elizabeth S. Bowen 2,014.81

Jack and Elizabeth S. Bowen 958.55

Edward L. and Donna Griffin 2,777.16

James C. and Mary Lichlyter 3,481.59

Jamal M. and Carole J. Abderrahman 2,901.91

Donald G. and Margaret H. Weaver 2,291.90

Robert S. and John R. Mott 2,055.55

John and Melanie Simon 2,558.19

Ross C. and Judith E. Golden 3,862.00

Cynthia Springer 83.81



Country Club View Subdivision



Robert B. and Coranelle Glass 1,093.92



Eustis Heights



Susan M. Martin 589.11



Ravenswood Park Subdivision



John and Rebecca B. Stoer, Jr. 190.07



Hilltop Subdivision



Leonard and Thelma J. Skinner 1,143.18



Western Shores



Anthony J. Bonicioli and Elizabeth J. H/W 543.43

Anthony J. Bonicioli and Elizabeth J. H/W 543.43

Silver Lake Estates



Brooker M. and Janice B. Kelly 811.30



Hilltop Subdivision, No. 3



Wayne L. and Donna Groover 925.49



Birr Park Subdivision



David B. and Linda F. West 2,836.43





Bonds - Contractor



Request to approve Contractor Bonds, New and Cancellations, as follows:



New



1590-90 Ira Lamar Stokes, Jr. (Plumbing)

4209-90 Thomas M. Harrington d/b/a Bessinger & Associates (Electrical)

4878-90 Spencer D. Davis, Inc. (General Contractor Class A)

4879-90 Bret Hill d/b/a Hill Construction (Aluminum)

4880-90 C. A. Long Masonry, Inc. (Masonry/Concrete)

4881-90 West Orange Masonry, Inc. (Masonry)

4882-90 Copeland Electric, Inc. (Electrical)

4249-91 Robert W. Merritt (Mobile Home Toter)

4560-91 William J. Klein (Air Conditioning)



Cancellations



543-90 Roger Hylton

624-90 Ronald Richard Krueger

1640-90 Bobby Stephens d/b/a B & B Const. & Electric, Inc.

2030-90 Charles I. Cook, Sr.

4557-90 Craig Rager Construction Co., Inc.

4559-90 Rodney R. Reisman

4598-90 Charles Howard

4742-90 Mark Allen Clarkson

4820-90 James J. McCarty



CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/COUNTY PROPERTY

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved a request from Property

Records, to delete items from Fixed Assets, for the month of August, 1990, in the amount of $56,939.57, excluding Property Item Nos. 9716 and 9717 (defibrilators which were to be junked), which direction was given to possibly see about repairing or salvaging, before junking.

UTILITIES

The Board acknowledged receipt of the following items:



Notice from the Florida Public Service Commission regarding a hearing to be held September 12-14, 1990, in the Fletcher Building, Tallahassee, Florida, for the purpose of determining whether the existing and currently planned transmission grid in Florida is sufficient to transfer existing and planned centers in Central and South Florida; to ascertain the exact nature of any deficiency and to determine how any deficiency is best corrected; and to permit all parties and intervenors to present testimony and exhibits concerning this matter.



Notice from the Florida Public Service Commission regarding a hearing to be held August 22-24, 1990, in the Fletcher Building, Tallahassee, Florida, regarding Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor; Conservation Cost Recovery Clause; and Purchased Gas Cost Recovery Clause.



ZONING



The Board acknowledged receipt of the following item:



Notice from the Orange County Planning and Zoning Commission regarding a public hearing to be held in the Orange County Commission Chambers, Orange County Administration Building, on August 16, 1990, regarding a Change in Zoning for B. Allen West and Ronald E. King.



COUNTY MANAGER'S CONSENT AGENDA

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

Bonds/Communications



Request from CableVision of Central Florida, to exchange bond from National Union (AIG) for a bond from Aetna Casualty and Surety Company.



Accounts Allowed/Courthouse/Jails



Request for approval on Blanket Purchase Requisitions, to cover estimated electric service cost for balance of FY 89-90 on:



New Courthouse - $35,000.00

Main Jail and Old Courthouse - $24,000.00



Accounts Allowed/Health & General Services/Public Health



Request for authorization to pay monthly Medicaid nursing home bill, in the amount of $28,985.72; Medicaid nursing home re-bill, in the amount of $55.00; and the Medicaid hospital bill, in the amount of $37,610.30.

Commr. Swartz requested staff to include budget amounts, and the year to date, on these types of requests, in the future, for the Board's information.



Accounts Allowed/Health & General Services/Public Health



Request acknowledgment of increase in funding to the Lake County Public Health Unit, in the amount of $9,170.00, for the WIC Program, for contract year 1989-90.



Subdivisions/Planning & Development



Request for preliminary approval of Brightstraw Acres Subdivision. (30 lots in District #3)



Bonds - Mobile Home



Request to cancel existing Mobile Home Bond, for Herbert Rogers, Sr. - South Groveland area - District #2.



Bonds - Mobile Home



Request to cancel existing Mobile Home Bond, for Lee Brockel - Umatilla area - District #5.



Bonds - Mobile Home



Request for approval of new Mobile Home Bond, for John Cashwell - S. Clermont area - District #3.



Bonds - Mobile Home



Request for approval of new Mobile Home Bond, for Mr. and Mrs. Barney Newbern - Emeralda Island area - District #5.



Accounts Allowed/Bids/Road Projects



Request to advertise for bids for Countywide Resurfacing Project, No. 2-91, at an estimated cost of $782,000.00.



Accounts Allowed/Bids/Road Projects



Request to advertise for bids for Project No. 3-91, Main Street Leesburg Railroad Crossing Improvement Project, at an estimated cost of $20,000.00.



Accounts Allowed/Bids/Road Projects



Request to advertise for bids on Apshawa Road (3-2035) Lump Sum Construction Project, No. 4-91, at an estimated cost of $141,350.00.

Accounts Allowed/Bids/Road Projects



Request to advertise for bids for a Countywide Road Safety Program, Project No. 1-91, at an estimated cost of $190,788.00.



Roads-County & State/Public Works



Request to accept a maintenance map on a portion of Apshawa Road (3-2035).













Right-of-Ways, Roads & Easements/Public Works



Request to accept the following Drainage Easements:



Willis A. and Anne M. Wolfe - Harbor Shores Road (5-5942) and S. Putney Court (5-6042).



Elbert Jenkins, Jr. - Harbor Shores Road (5-5942) and S. Putney Court (5-6042).



Right-of-Ways, Roads & Easements/Deeds



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



For Lot Approval



Clyde and Gwendolyn R. Puryear - Smith Road (2-2010)



For Site Plan



Cassia Baptist Church, Inc. - Cassia Church Road (4-6696)



For Road Projects



Joseph D. and Roberta A. Tracer - Thomas Boat Landing

Road (5-7940)



Roads-County & State/Municipalities



Request to advertise Road Vacation No. 612, Thomas and Molly Porter, to vacate lots and a portion of Quaker Ridge Avenue, in Mt. Plymouth area.



Roads-County & State/Municipalities



Request to advertise Road Vacation No. 616, Aaron and Annie Edge, to vacate portion of 5th Street, Dona Vista Park, Dona Vista area.



PLANNING & DEVELOPMENT/ENVIRONMENTAL SERVICES

Mr. John Swanson, Director of Planning and Development, appeared before the Board and briefed them on an interlocal agreement that is in the works between Lake County and Orange County, regarding Wekiva Falls.

Ms. Cecelia Bonifay, Attorney, representing the applicant, Wekiva Falls, appeared before the Board stating that they have been moving forward on said project for several years and are trying to finalize the interlocal agreement. She stated there are actually three separate interlocal agreements, being: one that the County will execute, that covers County services under the Board's control; one between the Lake County Sheriff's Department and the Orange County Sheriff's Department, for protection services; and

one involving the Lake County School Board, should they agree to serve Orange County.

Mr. Thelen, County Manager, informed the Board that early in the year, staff decided that it was necessary to pull the Sheriff's Department and the School Board out of the regional agreement that had been developed involving the County, noting that they needed to enter into those, as it was obvious that this Board could not control some of the issues involved with same. He stated there was still the matter of how the taxes will be handled, however, noted that this action only relates to that part and does not anticipate that the other one has to. He stated the County is not getting itself into a position where, if this interlocal agreement is approved, that the other ones have to be approved.

Commr. Swartz questioned the requirements in the Old Comprehensive Plan, relative to the Conservation and Land Use Elements, as to what considerations were made, in looking at the subdivision involving the request before the Board at this time, noting that there are elements in the Old Comprehensive Plan concerning the Conservation and Land Use Elements that suggest that this request is not compatible with the Old Comprehensive Plan and that this development, as it is proposed, is in what the Old Comprehensive Plan considers an environmentally sensitive area, and calls for special considerations, such as clustering, noting that the request before the Board at this time is a standard tract development. He stated he felt this subdivision follows the Subdivision Regulation Requirements; however, the Comprehensive Plan is over and above the Subdivision Requirements and there are elements in it that indicate certain things need to be considered. He stated this development, as it is proposed, is very bad planning, and is a perfect example of how the County should not develop, particularly in the Wekiva Area, but, in any area in the County with environmental constraints, and would encourage the Planning Department, in the development review process, to consider the Comprehensive Plan when they look at these types of projects,

and not just whether or not they meet the "cookbook" schedule of the Subdivision Regulations. He stated, for the reasons he indicated above, he was going to vote against the request for approval of the preliminary plat, before the Board at this time, as he felt now is the time to stop this plat from going forward, and require another form of development to be done within the densities that the land owner and developer have the rights to.

Ms. Bonifay, Attorney, reappeared before the Board, in response to Commr. Swartz's comments, and disputed what Commr. Swartz stated, noting that this meeting was not a Rezoning Meeting, nor was it a public hearing on land use classifications for said development - it was a request for approval of the preliminary plat of same. She stated it was her understanding of the County's Subdivision Regulations that the criteria to be used, in the determination of a preliminary plat, are only those required in the Subdivision Regulations. She stated, unless someone can tell her where her client does not conform to the subdivision requirements of the plan, the burden is on this Board to approve the request, or have the record to reflect that the development, in fact, does not meet the Subdivision Requirements. She stated that, to say on the record, and to leave the impression with the public that the County's Planning staff does not consider the County's own Comprehensive Plan when they evaluate projects, does them a disservice, as well as the project.

Commrs. Bakich and Gregg stated they felt if Ms. Bonifay's client, Wekiva Falls, met the regulations which this County had adopted at the time, then the request should be voted on and either be approved or denied.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board approved a request for approval of preliminary plat and construction plans for Wekiva Falls, noting that it would be for the Lake County portion only. (251 lots in District #4)

Commr. Swartz voted "No".



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

AMBULANCES-HOSPITAL DISTRICTS/BUDGETS

Ms. Eleanor Anderson, Director of Administrative Services-Budget, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved budget transfers, as follows:

Northwest Ambulance District

Office Supplies ($7,191.00) and Operating Supplies ($7,101.00) to Capital



Northeast Ambulance District



Office Supplies ($8,159.00) and Operating Supplies ($8,079.00) to Capital



ADMINISTRATIVE SERVICES-BUDGET/CONTRACTS, LEASES & AGREEMENTS

Ms. Eleanor Anderson, Director of Administrative Services-Budget, explained this request.

Commr. Bakich stated he did not have a problem with the contract between the County and Public Financial Management, Inc., however, noted he did have a concern regarding the hourly rate which will be charged. He stated he understood surrounding counties had hourly rates that were significantly less than what is being charged to Lake County.

Ms. Anderson replied that clerical costs had been included in Lake County's rates, however, were not included in the rates given to other counties.

A brief discussion occurred regarding whether or not to involve Public Financial Management, Inc. in any bond issues involving the County, at which time Mr. Thelen, County Manager, stated he felt the contract should not guarantee said firm any payment for bonds, noting that the County would want their advice regarding bonds, however, the fee for same should be negotiated at the time the advice is needed. He stated it doesn't make sense to have the fee tied to the number of bonds or the size of the bond issue - that the fee should be related to the complications involving the issue itself. He stated the important thing is that

the County protect the integrity of the advisors by saying they will get paid no matter what advice they give the County, that the County wants the best advice they can get, even if it cost a little more, per hour, to obtain it.

Commr. Gregg stated he agreed with Mr. Thelen in that, the only safe way to pay for the advice alluded to, is on an hourly basis.

Mr. James Watkins, Clerk, stated he felt the firm should be prohibited from being involved in the bond issue.

Ms. Anderson, Director of Administrative Services-Budget, stated one of the reasons said firm was selected was due to the fact that they are not tied to any underwriters, at all - they are independent.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to negotiate a contract with Public Financial Management, Inc., to provide financial advice on a project-by-project need, and authorized proper signatures on same.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PERSONNEL

Ms. Eleanor Anderson, Director of Administrative Services-Budget, explained this request.

Mr. Al Thelen, County Manager, informed the Board that he felt the process regarding the Personnel Grievance Committee needed to be revamped, at which time Commr. Bakich directed staff to come up with new procedures for said committee, as noted.

Mr. James Watkins, Clerk, informed the Board that what they do regarding this matter is extremely important. He suggested the procedures be well defined and be stated in such a manner that the employees, as well as the Board, fully understands them. He suggested the Board have their labor attorney review the procedures, once they are revamped, to be sure they are not giving the employees a right, or taking away a right, that might haunt them later.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a request to appoint Mr. Glenn Timmons (who resigned this year as the Director of Personnel) as an Alternate Citizen Member, to the Personnel Grievance Committee, to fill the unexpired term of Dr. Earl Kelley, which expires in December of 1991.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request to appoint Ms. Allison Thall, Health Services Coordinator, as Alternate Supervisor, to the Personnel Grievance Committee, to fill the unexpired term of Mr. Robert Rinehart, which expires in December of 1990.

COUNTY EMPLOYEES/JAILS/RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution providing for the integration of Correctional Facility employees with all other Lake County employees.

CONTRACTS, LEASES & AGREEMENTS/COUNTY BUILDINGS & GROUNDS

Mr. Mike Anderson, Director of Capital Improvements, explained this request.

Commr. Gregg stated that, at a meeting which was held with Hellmuth, Obata & Kassabaum, Inc. (HOK), figures which Mr. Anderson alluded to were laid on the table, as a budget for HOK to work around - that the Board did not want to go over said amount. He stated the reason an efficiency level and amount of money was set was for them to have criteria to work around. He stated HOK has a fee, which is supposed to be a percentage of construction costs, and felt it should remain so, at which time Commr. Swartz stated the language could be changed to indicate that it would be a percentage of construction costs, or the guaranteed maximum figure, whichever is lowest.

Mr. Al Thelen, County Manager, questioned Mr. Anderson concerning some add alternates, and how they fit into the bottom line, as to whether or not they would affect the fee, noting that

the County intends to take advantage of them, assuming the money is right.

Mr. Anderson stated there are a number of add alternates, however, they are a separate item which HOK will be paid extra for.

Ms. Lustgarten, County Attorney, informed the Board they would have to meet again with HOK regarding a request to change language in the contract between them and the County, to insure that the County will end up with the lower of either the guaranteed price or the fixed price, concerning additional architectural services for the Criminal Justice Facility.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to have the County Attorney establish language in the contract between HOK and the County, regarding additional architectural services for the new Criminal Justice Facility, whereby the fee for HOK will be based on either the set price they are using, or the guaranteed maximum price (GMP), whichever is the lesser of the two.

ENVIRONMENTAL SERVICES/ORDINANCES

Mr. Don Findell, Director of Environmental Services, explained this request.

Considerable discussion occurred regarding the Landscape Ordinance and the fact that the Florida Statutes now requires landscape architects to be licensed by the State. She stated nursery personnel can continue to provide plans, and do the actual landscaping, for products which they sell, however, they cannot claim to be a landscape architect without being registered with the State. She stated there are a number of exceptions where one does not have to meet the requirements of a landscape architect.

Commr. Swartz suggested the Board change Section A, of the Landscape Ordinance, to indicate if plans are submitted by a landscape architect, that they be registered to meet said provisions, however, to note that the Board will accept plans which are prepared, signed, and dated by a landscaping firm, who has an occupational license.

Commr. Gregg stated he would rather the County avoid putting in the ordinance a requirement that a landscape architect be registered with the State.

Commr. Swartz suggested the County Attorney, Ms. Lustgarten, review the requirement that a landscape architect be registered with the State, and, if, it is her opinion that the County should require it, then the Board should do so. However, if it is not required, then the Board should substitute alternate language that would indicate that the County will accept landscaping plans from someone who has an occupational license and is in a legitimate landscaping or nursery business.

After further discussion, the County Attorney, Ms. Lustgarten, informed the Board that she did not perceive a mandate that one would have to have a landscape architect to prepare landscaping plans, however, if someone was holding themself out as a landscape architect, they would have to be registered.

Commr. Swartz suggested that, from now until such time as the ordinance is advertised and put up for a public hearing, that staff review it and provide alternate language, if being registered is not required, that would allow for plans to be submitted from some legitimate landscaping nursery or irrigation type business.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for authorization to advertise a draft Landscape Ordinance, with amendments as stated.

Regarding a request for approval to prepare additional revisions to the Tree Protection and Landscaping Ordinances, after discussion regarding same, Commr. Swartz suggested staff put together language, based on a memorandum from Mr. Findell, Director of Environmental Services, dated August 15, 1990, and reconvene the Landscape Ordinance and the Tree Protection Ordinance Committees in order for them to review said revisions with staff.

Mr. Thelen suggested, if the Board had any changes which are not contained in the memorandum alluded to earlier, that they want

considered, that same be provided to staff, at which time Commr. Swartz stated he felt some latitude should be inserted in the ordinances, whereby if a clear violation of the ordinance is done with intent and knowledge of evading the ordinance, that there be some ability to fine.

Ms. Lustgarten, County Attorney, informed the Board that there was very little power they could do, as a Commission, however, they always have the option of injunctive relief, to seek damages in court, if possible.

PUBLIC HEARING - ROAD CLOSINGS

Petition No. 609 - J. R. Munson - Silver Lake 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 July 25, 1990, and August 1, 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 a road and lot, in the Silver Lake area, as advertised in Petition No. 609, by J. R. Munson.

Petition No. 610 - Audrey Richter - Astatula Area

Mr. Fred Harrison, a resident of the area in question, appeared before the Board stating he was in favor of the request, however, questioned whether something could be done about a small piece of property (consisting of 210 feet by 30 feet), which is a right-of-way located in between two parcels, which is being affected by this road closing.

Mr. Jim Stivender, Director of Public Works, informed the Board that said parcel was not a part of the original petition, therefore, it could not be added to this request for vacation - property can be deleted from an advertising, however, cannot be added. It was noted that Mr. Harrison could advertise said parcel for road vacation.

Ms. Audrey Richter, petitioner, appeared before the Board stating that the parcel which Mr. Harrison was referring to was an

easement which was used by former property owners. She stated it was drawn to her attention too late to have it included in this request for vacation.

It was noted that the proper proof of publication was on hand as it appeared in the July 25, 1990, and August 1, 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 a street, in the Astatula area, as advertised in Petition No. 610, by Audrey Richter.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

ENVIRONMENTAL SERVICES

Mr. Don Findell, Director of Environmental Services, explained this request, stating it was a request for authorization to amend Post, Buckley, Schuh & Jernigan's Water and Wastewater Management Plan contract to provide for additional services which was discussed at the July 31, 1990, Board Meeting. He stated the original estimate for work to be done was approximately $260,000.00, however, has now been dropped down to $205,000.00. He stated the scope of services warranted said expenditure of funds. He stated that $40,000.00 of the $205,000.00 will come out of this year's budget, with $165,000.00 to come out of next year's budget.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request for authorization to amend the Water and Wastewater Master Plan contract with Post, Buckley, Schuh & Jernigan, Inc., to provide services to the South Lake County growth area, as well as implement the Master Plan recommendations, and authorized proper signatures on same.

ACCOUNTS ALLOWED/BUDGETS/ENVIRONMENTAL SERVICES/LANDFILLS

Mr. Don Findell, Director of Environmental Services, explained this request.

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

to (1) purchase an office/storage trailer for the Astatula Landfill, at a cost of $11,351.00 (low bid), and (2) to transfer funds in the Solid Waste Budget to cover cost of purchase.

ACCOUNTS ALLOWED/HEALTH & GENERAL SERVICES

Mr. Lonnie Strickland, Director of Health & General Services, explained this request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from the Director of Public Safety, to contract with GTE for the Norstar Digital Key Telephone System, to expand service to the planned modular office unit, at a cost of $2,018.21.

FIRE PROTECTION/BUILDING DEPARTMENT/ORDINANCES

Mr. John Swanson, Director of Planning & Development, explained this request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, by updating the fire and building codes of the Building Ordinance, it would expand the powers of the Board of Building Examiners to look at workmanship of the quality of labor, in relation to State licensed contractors, as they presently only have jurisdiction if fraud has been committed, or if there is a violation of the Building Code.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request for permission to advertise to update the fire and building codes of the Lake County Building Ordinance, to conform to mandatory State Statutes.

PUBLIC WORKS/RIGHT-OF-WAYS, ROADS & EASEMENTS

Mr. Jim Stivender, Director of Public Works, informed the Board that he had received a request from Attorney Scott Wynn, representing the petitioner, asking for postponement until September 18, 1990, of a request to advertise Road Vacation No. 611.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to postpone action concerning a request to advertise Road Vacation No. 611, by

Tropical Acres Nursery/Scott Wynn, to vacate an easement in the Groveland Farms Subdivision, Mascotte area.

OUTDOOR RECREATION/PUBLIC WORKS/RESOLUTIONS

Mr. Jim Stivender, Director of Public Works, explained this request.

Mr. Chuck Pula, Director of Parks & Recreation, appeared before the Board stating that staff was asking for a resolution supporting the planned construction and maintenance of the proposed Lake County Winter Garden to Clermont (Lake County portion) Rail-Trail, providing the State funds said project, as anticipated. He stated he was asking for a phased commitment, from the Board, over a five year period of time, to construct and maintain said trail.

Commr. Bailey suggested the Tourist Development Council look into the matter, for possible funding or sponsorship, as it would be a tourist related activity.

Mr. Pula brought to the Board's attention the fact that he would be coming to the Board with a request for a Bicycle Coordinator, to assist in the project, in the near future, noting that it would be a grant funded position from the Department of Transportation.

Commr. Bakich questioned what the County's total cost would be in said project, to which Mr. Pula replied that it would cost the County approximately $250,000.00 over the five year period of time - $9,000.00 being for engineering/surveying cost; a yearly maintenance cost of approximately $42,000.00; and construction of the actual trail anticipated to cost approximately $111,000.00. He stated that many of the trails are maintained by volunteers and Rails-to-Trails has expressed interest in trying to work along that line, as well. He stated the intent of the project is to try and get the community involved in it, thus, the purpose of phasing it in.

Commr. Swartz stated he had asked the County Attorney, Ms. Lustgarten, to look into whether the County could use some County

transportation highway funding for said project, as well, as said trails are also transportation corridors.

Mr. Ken Norquist, a member of the Clermont City Council, as well as a member of the Board of Directors of the Lake County Rails-to-Trails, appeared before the Board stating that the City of Clermont has committed financially to approximately one-fifth of said project, noting that they have already acquired the land and are going to be incorporating said property into the City of Clermont's Parks and Recreation Budget. He stated it is on line for next year to redo the Clermont JayCee Beach area, which is a focal point of the Rails-to-Trails situation.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to execute and support a resolution for the planning, construction and maintenance of the proposed Lake County Winter Garden to Clermont (Lake County portion) Rail-Trail.

Commr. Gregg stated the Board needs to remember, when they go through the budget next year and Mr. Pula comes before the Board and presents Phase I of said project, that they approved the project and should not say that the County cannot do it, to which Commr. Windram concurred.

PUBLIC HEARING

PUBLIC WORKS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board stating that approximately two months ago staff had discussed the matter of street lighting with several utility companies involved with street lighting, at which time they were asked whether they had a representative or program which could be presented to the Board. He reviewed a map with the Board indicating properties owned by various utility companies, such as the City of Leesburg, Clay Electric, Sumter Electric, Florida Power, etc. He distributed a letter from Sumter Electric regarding the matter, for the Board's perusal.

Commr. Swartz suggested that staff look at some of the County's intersections where lighting might be needed, particularly along some of the major arterial and collector roads, and come back to the Board with recommendations, at a later date.

After discussion occurred regarding the matter, Commr. Bakich directed Mr. Stivender to come back to the Board with some priority areas which he feels needs lighting, as Commr. Swartz suggested, noting that the utility companies might want to suggest some areas, as well.

Commr. Gregg stated the Board needs to adopt a policy on just what parameters are established regarding where the lights go and set some guidelines and priorities for installation of the lights, otherwise, the County will be installing them everywhere in the County.

Mr. Bill Johnson, District Manager for Clay Electric Cooperative, Inc., appeared before the Board stating they will work with the Board in any way they can.

Mr. Bill Spikes, Manager, Florida Power Corporation, Inc., appeared before the Board stating that funding for street lighting and installing them where they need to be is something the County is going to have to wrestle with. He stated Florida Power would be willing to go into installing lights, noting there were several ways to do so, such as Florida Power owning them and renting them to the County, or the County owning them outright. He informed the Board of the various types of poles and lamps which can be purchased and suggested the County start with those areas that presently have a blinker or caution light, and move from there as to how far down the road they need to go with additional lights. He suggested the Board allow the County's engineering staff the ability of making a recommendation and going through with it. He stated they are willing to help the County in any way they can, however, they need guidance from the County.

Mr. Allen Kimbley, representing Sumter Electric Cooperative, Inc., appeared before the Board stating that if the County is

planning to use their facilities, there will be a line extension cost involved, as well as the fact that if they have to set a transformer specifically for a line, there is also an additional charge for that. He stated they are willing to work with the Board and can do the project in phases, if the County so desires.

COUNTY ATTORNEY'S MATTERS

RESOLUTIONS/ROADS-COUNTY & STATE

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the resolution before them this date was one they had requested be drafted in support of the Adopt-A-Highway Program.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution in support of the Adopt-A-Highway Program, from the Department of Transportation.

ZONING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, regarding the Randolph Chavers' zoning case, involving Wolfbranch Road, her staff had filed a motion to dismiss, based on technical requirements, and the first hearing is scheduled for September 17, 1990.

No action was required at this time.

COMMISSIONERS' BUSINESS

ACCOUNTS ALLOWED/FINANCE

On a motion by Commr. Swartz, seconded by Commr. Gregg 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.

RECESS & REASSEMBLY

At 11:30 a.m. the Chairman announced the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

REZONING

Mr. Greg Stubbs, Director of Development Coordination, informed the Board that there were no postponements or withdrawals.





PUBLIC HEARINGS

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

Ms. Nancy Cole, Petitioner, appeared before the Board to respond to concerns that this request is not an appropriate use in an RP zoning - that it needs to be in a commercial district.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied a request for a classification of uses in RP (Residential Professional), to park five ice cream trucks on the property, with storage of supplies.

It was noted the petitioner would have 30 days to remove the ice cream trucks from the property in question.

PETITION #243-89-2 A TO MP KYLE AND RUTH CRAIG

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to MP (Planned Industrial), to allow septic tank cleaning equipment to be parked on site, in conjunction with the business of "Craig's Septic Tank Service", subject to the ordinance being enacted by the Board of County Commissioners.

PETITION #37-90-2 AR TO A DANIEL T. GOODEN, ET AL

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request for rezoning from AR (Agricultural Residential) to RA (Ranchette), rather than A (Agricultural).

PETITION #64-90-3 R-1-7 TO A, RA, RR, RE OR AR JAMES ADAMSON

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 overturned the recommendation of the Planning and Zoning Commission and approved a request for rezoning

from R-1-7 (Urban Residential) to AR (Agricultural Residential), rather than RA (Ranchette), for residential purposes.

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

Mr. Frank Gaylord, Attorney, representing the applicant, appeared before the Board stating that staff had recommended approval of this request through the Planning and Zoning process, however, the Planning and Zoning Commission recommended denial. He stated, at the last Rezoning Meeting, the Board requested that some additional information be placed on the site plan, which he noted has since been provided. He discussed a concern which the residents of the area noted regarding traffic flow, stating that the location of the church in question is in an excellent location to handle the traffic flow generated by the church in question. He also stated that the area is large enough to handle whatever site preparation and water retention would be appropriate for the community. He also noted that it would not be offensive to have a church in a residential area.

Ms. Vera Pennington, a resident who lives across the street from the property in question, appeared before the Board, in opposition, stating she was concerned about the amount of traffic the church will generate, and that she would like to keep the area residential. She also stated a concern she had about spot zoning.

Ms. Betty Bethune, a resident who owns approximately ten acres in the area in question, appeared before the Board and read a statement, in opposition, noting a concern, as well, about the amount of traffic which the proposed church will generate. She also stated the church property will not accommodate adequate parking for the church members.

Mr. Dave Batman, a resident of the area in question, appeared before the Board, in opposition. He distributed pictures, for the Board's perusal, of the portion of Turkey Farm Road which the church in question will front, noting that it is a very steeply sloped road, as it approaches Hwy. 50, as well as the fact that there is a blind curve in the road, as it approaches the church.

Ms. Ellen Dikehouse, a resident who lives approximately 1,200 to 1,400 feet from the proposed church, appeared before the Board, in opposition. She stated she resented the fact that the same realtor who told the present residents of the area that the community would remain strictly residential, is the same realtor that told the church members they could build their church there.

Mr. Elwood Littleton, a resident who lives near the property in question, appeared before the Board, in opposition, stating he felt it was very unfair to the residents of the area to allow a church to be built in the middle of their community.

Mr. Mike Simmons, the owner of approximately six and one-half acres directly across from the proposed site, appeared before the Board, in opposition. He was concerned about the traffic situation which the church will generate.

Mr. Bart Chapman, a resident of the area in question, appeared before the Board, in opposition, stating a concern he had about the possibility of property values in the area decreasing, due to a public facility (church) being constructed in the neighborhood.

Commrs. Swartz, Bailey and Gregg stated they could not support this request as they felt it was poor planning and not a good use for residential zoning.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from RR (Rural Residential) to PFD (Public Facilities District), for construction of a church.

PETITION #118-90-3 AMEND MP ORD. #22-90 DANIS INDUSTRIES CORPORATION

Mr. Greg Stubbs, Director of Development Coordination, informed the Board that the petitioner wished to withdraw this request, at this time.

A motion was made by Commr. Windram and seconded by Commr. Gregg to withdraw this petition, as requested.

Commr. Swartz made a motion, which was seconded by Commr. Bailey, to amend Commr. Windram's motion to withdraw the petition, with a stipulation that a site plan be presented back to the Board, prior to approval of said uses.

Ms. Cecelia Bonifay, Attorney, representing the petitioner, appeared before the Board and commented on the request by Commr. Swartz that a site plan be submitted prior to approval of the uses, as stated.

The Chairman called for a vote on the amendment to the original motion, which carried unanimously.

The Chairman then called for a vote on the original motion, to withdraw the request at this time, which was carried unanimously.

PETITION #87-90-4 R-1-7 TO RP OR PFD CATHERINE HANSON

No one present wished to discuss the 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 the request for rezoning from R-1-7 (Urban Residential) to PFD (Public Facilities District), for a day care facility.

PETITION CUP#90/6/2-1 CUP IN A LEON G. BRODA

Mr. Leon Broda, Petitioner, appeared before the Board and answered questions presented by Commr. Gregg regarding this request.

Mr. Greg Stubbs, Director of Development Coordination, requested the Board to approve a sign which has been erected in the front yard of Mr. Broda's property, as he noted it is a very nice sign, however, is a little large for a home occupation.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for a home occupation, for a pest control office, with a stipulation that the business be limited to two trucks and no on-site storage of chemicals.

PETITION #103-90-5 A TO R-1-7, R-1-10 OR R-1-15 JAMES G. HULL, SR.

Mr. James Hull, Sr., Petitioner, appeared before the Board and answered questions presented by Commr. Bakich, regarding this request.

Commr. Bakich then stated he could not support this request and indicated reasons why.

Mr. Hull submitted pictures of the property in question, for the Board's perusal.

Discussion occurred regarding this request, at which time it was the consensus of the Board that the water table is too high in the area in question, for Mr. Hull to do what he wants to do, therefore, they could not support this 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 denied the request for rezoning from A (Agricultural) to R-1-7 (Urban Residential), R-1-10 (Medium Residential) or R-1-15 (Residential Estates), for a residential development.

PETITION #112-90-5 RM TO RR TERRIE L. BLESSING

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

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

PETITION #117-90-5 A TO AR OR RR DONALD L. JUNG

Ms. Cecelia Bonifay, Attorney, representing the petitioner, appeared before the Board and responded to a statement by Commr. Bakich that he would have to concur with the Planning and Zoning Commission for approval to AR, rather than RR.

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 AR (Agricultural Residential).

PETITION #115-90-5 RR TO RE MARILYN ANDREWS

Ms. Marilyn Andrews, Petitioner, appeared before the Board

and distributed a map of the area in question, for the Board's perusal. She informed the Board what she planned to do with the property in question, should the request be approved.

On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RE (Rural Estates), for construction of a single-family residential structure.

Commr. Swartz voted "No".

PETITION CUP#90/7/1-4 CUP IN RP WILHELMENA MCNEALY

Mr. Terrence Gainer, representing the petitioner, appeared before the Board and answered questions presented by the Board regarding this 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 the request for classification of uses in the RP (Residential Professional) zoning district, for a home occupation for a mail order business for clothing.

PETITION #105-90-3 A TO AR CLIFFORD AND BARBARA SUTTON

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), for the creation of 2-1/4 acre lots, for residential homesites.

PETITION #99-90-3 A + CUP#277-3 & 277a-3 TO PFD FLORIDA

GEORGIA DISTRICT OF LUTHERAN CHURCH

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) plus CUP#277-3 AND 277A-3 TO PFD (Public Facilities District), to bring an existing church camp into compliance, for future expansion.

PETITION #98-90-2 A TO PFD BETTY C. KERR AND TOMMIE AND LUCILLE WEATHERS

Mr. Fred Morrison, Attorney, representing the School Board of Lake County, appeared before the Board stating the request is intended to take care of a crunch the School Board presently finds itself in, in the south Lake County area.

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

PETITION #113-90-3 A TO PFD JOHN P. ADAM PROPERTIES, INC.

Mr. Claude Smoak, an adjacent property owner to the property in question, appeared before the Board stating he did not object to the request for a PFD, however, feels approval of the request will landlock him. He stated he felt he could work out the problem with the potential property owners, however, has not had the opportunity to do so, as yet.

Mr. Mike Ryan, representing Florida Power Corporation, appeared before the Board and submitted a map, as well as a plat of the site, for the record. He noted that, before Florida Power entered into a contract with the property owners, they contacted County staff to see if they could support Florida Power getting a PFD on said property. He stated that, on the eastern edge of the property, there is a drainage runoff which the County has asked the property owners to grant a 20 foot easement for, which he noted the property owners have agreed to do, at the time of closing on the property.

Mr. Smoak reappeared before the Board and elaborated further on problems which he will be faced with, should this request be approved, at this time. He reviewed an aerial map of the property in question with the Board. He also noted he had made an offer to Florida Power to give them an equal amount of square footage on the south side of their property, if they would deed to him enough square footage to meet County requirements to enable him to put a road in.

Commr. Swartz recommended delaying this request for 30 days, to allow Mr. Smoak the opportunity to try and work out the problems he alluded to, with Florida Power.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved to postpone a request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a warehouse facility for an operations center for Florida Power, for 30 days, as requested.

Commrs. Gregg and Windram voted "No".

PETITION #107-90-3 R-1-7 TO A OR RA JOHN AND PAMELA BRYANS

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 RA (Ranchette), for construction of a conventional home.

PETITION #114-90-3 RR TO ER TYSON MATLOCK, III

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 RR (Rural Residential) to ER (Estate Residential), to create three residential lots.

COMMISSIONERS

At this time, the Chairman, Commr. Bakich, turned the chairmanship over to the Vice-Chairman, Commr. Bailey.

PETITION #100-90-3 A TO RR ERNEST AND OPAL AUTON

Ms. Opal Auton, Petitioner, appeared before the Board and answered questions presented by Commr. Swartz, regarding the request.

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 A (Agricultural) to RR (Rural Residential), for a single-family residential homesite.

Commr. Swartz voted "No", and Commr. Bakich was not present for the discussion or vote.

COMMISSIONERS

At this time, the Vice-Chairman, Commr. Bailey, returned the chairmanship back to the Chairman, Commr. Bakich.

PETITION #101-90-3 A TO CP W/C-2 USES LAKE GROVE UTILITIES, INC.

Commr. Swartz stated he could not support the request to rezone the property in question to CP, as it is not within the urban node; at the last rezoning meeting, the Board rezoned a significant parcel of land, within the urban node, to commercial; and this request remains on the west side of Hwy. 27, which is the area designated as the Green Swamp.

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board and reviewed an aerial map of the property in question, with them, noting that the property in question will meet all Green Swamp regulations.

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 from A (Agricultural) to CP (Planned Commercial) with C-2 (Community Commercial) uses, for a community shopping center and related commercial uses.

Commrs. Gregg and Windram voted "No".



PETITION #102-90-3 A TO PFD LAKE GROVE UTILITIES, INC.

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that the petitioner has commissioned to build a wastewater facility on the property in question and is ready to start construction of a residential community on the property next door to the property in question.

Upon being questioned by the Board regarding how long it would be before a wastewater master plan will be available for the south Lake County area, Mr. Don Findell, Director of Environmental Services, replied that it would be approximately four months.

Commr. Bakich stated every day the County waits to construct a wastewater treatment facility for the south Lake County area is a step backward.

Commr. Windram stated the County is going to, eventually, need the private sector to get involved in the wastewater treatment program in the south Lake County area, as well as in other areas of the County.

Commr. Swartz stated he felt it would be a mistake to approve this request, as it would be most economically viable to have a central system that can service the south Lake County area, and not create a situation where the County is going to end up with possibly more than one system. He stated the Florida Public Service Commission, based on some criteria, is going to designate a service area and anything within that service area is going to end up having to hook into it.

Mr. Al Thelen, County Manager, stated what the Board was discussing was an issue of franchising, noting that one of the things the County did, with the Astor area, was that the County wanted heavy oversight. He stated the issue is not whether the public or the private sector provides the service, as there is enough business for everybody; however, you don't have somebody come in and cut out an area that will have a negative impact on another area adjacent to it, so the franchising that is done through the Public Service Commission and the ability of this Board

to have oversight as to what does and does not go into it is the important thing - who operates it is not the major thing.

A motion was made by Commr. Swartz and seconded by Commr. Bailey to overturn the recommendation of the Planning and Zoning Commission and deny the request, without prejudice, for rezoning from A (Agricultural) to PFD (Public Facilities District), for a wastewater plant, water treatment plant, cable t.v. facility, fire and police station.

The motion died.

A motion was then made by Commr. Gregg and seconded by Commr. Windram to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for a wastewater plant, water treatment plant, cable t.v. facility, fire and police station, including compliance with the requirements of the Pollution Control and Green Swamp Statutes and Regulations.

Commr. Swartz amended Commr. Gregg's motion to add an additional requirement that approval for construction of a water and wastewater treatment facility be deferred until the South Lake County Water and Wastewater Master Plan is completed and the Board of County Commissioners determines how service would be best provided in the south Lake County area.

Commr. Bailey seconded the amendment.

The Chairman then called for a vote on the amendment, which died.

Commrs. Bakich, Gregg and Windram voted "No.

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

Commrs. Bailey and Swartz voted "No".

PETITION #119-90-2 A TO RMRP CHARLES BRADSHAW

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

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 RMRP (Mobile Home Rental Park), for construction of a mobile home rental park.

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

PETITION CUP#90/7/3-2 CUP IN RMRP CHARLES BRADSHAW

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

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 a CUP in RMRP (Mobile Home Rental Park Residential), for an RV park.

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

PETITION #111-90-2 RM TO RMRP LAKE HARRIS LANDING

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that the property involved in this request was a piece of property that came out of a savings and loan fiasco, noting that the petitioner moved in and is operating it as a rental mobile home park. He stated part of the problem is that, the requirements of the rental mobile home park law made it necessary for the petitioner to convert what had not already been developed to a rental mobile home park zoning, thus, the request before the Board this date.

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 RM (Mobile Home Residential) to RMRP (Residential Mobile Home Rental Park), for construction of a mobile home rental park.

PETITION CUP#90/7/2-5 CUP IN RMRP J. D. FLOYD

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 RMRP (Mobile Home Rental Park Residential), for construction of an RV park.



PETITION #116-90-5 R-1-7 TO R-1-15 HERBERT STENGER

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

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to R-1-15 (Residential Estates), for development of 15,000 square foot lots.

PETITION #108-90-5 A TO ER JOHN ETTINGER

No one present wished to discuss the 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 the request for rezoning from A (Agricultural) to ER (Estate Residential), for construction of single-family residential homesites.

PETITION #84-79A-5 AMEND MP ORD. #24-79 O. C. MAY

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 to amend MP Ord. #24-79, to add a real estate office to the existing MP (Planned Industrial) uses (grove maintenance operations).

PETITION #106-90-5 A TO RR DIXIE E. AND DAVID ROYAL

No one present wished to discuss the 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 the request for rezoning from A (Agricultural) to RR (Rural Residential), for single-family residential construction.

PETITION #109-90-1 R-1-7 TO CP W/C-1 AND C-2 USES

JOE SWIDERSKI

No one present wished to discuss the 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 the request for

rezoning from R-1-7 (Urban Residential) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, for construction of a commercial office building.

PETITION #110-90-1 RR TO RP JOE SWIDERSKI

No one present wished to discuss the 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 the request for rezoning from RR (Rural Residential) to RP (Residential Professional), for development of a 14 unit apartment building.

PETITION #121-90-4 RR TO PUD REVEST II

Ms. Cecelia Bonifay, Attorney, representing the petitioner, appeared before the Board and explained what the petitioner planned to do with the property in question. She reviewed a site plan of said property with the Board, noting the golf course would remain and the townhouses would be owned by individuals.

Mr. Cameron Cummings, President of the Mt. Plymouth Land Owners' League, Inc., appeared before the Board and read a letter, which he submitted for the record, from the Mt. Plymouth Land Owners' League, which stated that the Board of Directors of said organization voted to support this request, if the following modifications are made to said request: (1) reduce the area of commercial zoning, as recommended by the Planning and Zoning Commission; (2) move the sewage treatment plant on-site to the location of the previously requested commercial area; and (3) change proposed multi-family to townhouses.

Mr. Fred Peters, a resident of the area, appeared before the Board, in opposition. He read a statement indicating approval of this request would be detrimental to the community of Mt. Plymouth, due to rapid growth, an increase in traffic, a waste treatment plant would be located in the midst of the existing community, homes not conforming to community standards, and the fact that commercial property will be located in the middle of the community.

Mr. Jay Burns, a resident who lives on a golf course in the area in question, appeared before the Board, in opposition, stating that residents who live on the golf course are going to have homes built in front of them, obstructing their view of the golf course. He read a statement indicating various reasons for his opposition, and stated he would like to see the area in question be kept as an RR zoning district, with individual homes, rather than townhouses.

Mr. Don Woodward, a resident of the area in question, appeared before the Board and requested Commr. Windram to withdraw himself from the discussion and vote, as he understood Commr. Windram was a personal friend of the petitioner, at which time it was noted no conflict of interest had been filed by Commr. Windram, therefore, he would participate in the discussion and vote, as planned.

Ms. Jane Slade, a resident of the area in question, appeared before the Board, in opposition, stating that she just wanted to be on the record as opposing the request.

Ms. Colleen Harris, a resident of the area in question, appeared before the Board stating she wanted to go on record that the Mt. Plymouth Land Owners' League Association is saying they are representing the residents of their area; however, this is not the truth. She stated the residents in her area were not aware they were being represented by same and are totally against the project.

Mr. Gus Anderson, a resident of Mt. Plymouth for 40 years, appeared before the Board, in opposition, stating that he wants to keep Mt. Plymouth the way it presently is.

Mr. Paul Ritzel, a local resident of the area, appeared before the Board, in opposition, stating his main concern was the sewage treatment plant proposed for the project, which he felt should be on-site.

Mr. Ron Brantley, a resident of the area in question, appeared before the Board, in opposition, stating he felt the proposed project was not good for Lake County, nor was it good for Mt. Plymouth. He requested the Board to carefully consider their vote

today, as it was going to reflect what happens in Lake County in the future.

Mr. Dunkirk, a resident of the area, appeared before the Board, in opposition, stating the main thing he was opposed to was the sewage treatment plant proposed for the project in question.

Ms. Vell Thomas, a resident of the area, appeared before the Board stating she was a land owner, as well as a business owner, and has been in the area since 1979. She questioned why the area could not continue as an R-1-15 zoning district.

Ms. Lavell Woodward, a resident of the area, appeared before the Board, in opposition, stating her main concern is the increase in traffic, as well as pollution, which the project in question will create.

Ms. Bonifay, Attorney, reappeared before the Board and rebutted issues which residents of the area had stated they were concerned about. She stated the developer planned the project well and noted it is compatible with surrounding zoning.

The issue of impact fees for fire and schools was brought up by Mr. Greg Stubbs, Director of Development Coordination, at which time Ms. Bonifay stated she saw no basis on which to charge said fees until the Impact Fee Ordinance is adopted.

Upon being questioned as to where the County stands regarding the issue of impact fees, Ms. Lustgarten, County Attorney, stated the County does not have impact fees in place, therefore, they would be voluntary contributions at this time. She stated a PUD zoning ordinance does require that fire and school services be addressed in the PUD ordinance, noting that it has been the County's policy recently to address said issue with a voluntary contribution for those particular purposes. If it is not addressed in that manner, the County does have the ability to require that it be addressed in the PUD ordinance, at which time Commr. Windram stated he felt the County should be consistent in how it is addressing the issue, unless they set up and develop a new system, to which the County Attorney concurred.

Mr. Al Thelen, County Manager, clarified the fact that by the Minutes of July 17, 1990, being approved this date, the Board was setting in place the fact that $127.00 for fire and $150.00 for schools would be required at this time, for PUDs. He stated the County has tried to be consistent with developers, since the July 17th meeting, regarding the matter.

Further discussion occurred regarding the project, at which time the matter of open spaces was brought up and as to whether or not golf courses are considered open spaces.

Commr. Swartz gave his interpretation of open spaces, at which time it was the consensus of the Board that he had interpreted it incorrectly.

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 RR (Rural Residential) to PUD (Planned Unit Development), and waivers of Sections 696(2) (b) of the Lake County Zoning Regulations, for setback of 20 ft. from right-of-way line for front yard setback, instead of 50 ft. requirement; for zero lot line concept, per lot; a sideyard setback of 20 ft. from the property line instead of the required 10 ft. setback; with the amendment of commercial to 10,000 sq. ft., rather than 20,000 sq. ft.; the inclusion of the impact fee deposit of $127.00 for fire and $150.00 for schools; and treatment plant to be internalized, for construction of 159 single-family homes, 18 zero lot line homes, 30 townhouses, and 10,000 sq. ft. of commercial/professional offices and expansion of golf course.

The motion failed due to a 3-2 vote, with Commrs. Bailey, Swartz and Bakich voting "No".

PETITION #120-90-3/4 A AND RR TO PUD DEER ISLAND PARTNERS C/O FINANCIAL SERVICES GROUP

Mr. David Brown, representing the petitioner, appeared before the Board stating that the Board had before them various items which the petitioner and homeowners had agreed upon just prior to

this meeting. He stated they had been able to reach an accord with the homeowners as to the issue which was outstanding between the homeowners and the developer, being that of density, which he noted is 289 units, with lots being either 1/2 or 3/4 acres, noting that none of said lots would be less than a hundred foot, at the building line. He reviewed a map of the property in question, with the Board.

Mr. Steve Richey, Attorney, representing the petitioner, pointed out the fact that all the lots will be 1/2 or 3/4 acres, with exception of 56 lots, in the middle of the development, which are 60 feet. He noted there would be no small lots on the lake.

At this time, Mr. Brown reviewed various changes which were made in the PUD.

Discussion occurred regarding fire protection, at which time it was noted by Mr. Brown that what they have is a combination of a site and a pumper and an operational cost of approximately one-half million dollars.

Mr. Al Thelen, County Manager, stated the big problem is keeping personnel on duty 24 hours a day at the proposed fire station for the development. He stated if they stay with the structure, the area would be subsidized with everybody else paying the fire taxes, if personnel are put on duty 24 hours a day.

Mr. Brown noted their concern is that since they were the first ones coming in with a PUD and were giving the pumper and land that they should be responsible for a set time of the equivalent of one shift. They would then be able to attract another developer to carry the load for another shift - this way there would be fire protection for the development, during the daylight hours, which they felt was the most significant.

Commr. Bakich stated the Board would have to consider the fact that they are giving $150,000.00 up front, plus a lakefront lot for the fire station to be constructed on.

Mr. Thelen, County Manager, stated the idea of using one shift, with two men on board, and have other areas pay for it does

not add up. He stated the County would be subsidizing the operation and most likely overpaying for the capital, noting that he feels uncomfortable with this aspect.

Ms. Annette Star Lustgarten, County Attorney, clarified the fact that the petitioner would be giving $150,000.00 toward the purchase of a pumper, plus $35,000.00 annually towards operation and costs, until such time as special assessments reach $35,000.00, which she noted will never happen.

It was the consensus of the Board to support the $150,000 towards the fire pumper, a lake front lot or the appraised value of the lot, and a $35,000 annual contribution towards fire operations until the ad valorem taxes on the property reaches $35,000 annually.

Commr. Windram stated the developer and residents should be commended for their efforts in getting this matter underway.

Mr. Murphy Cameron, realtor, appeared before the Board, in opposition, stating he felt there has been some manipulation among the residents of the area, as there were very few present in the audience. He stated tax revenues for other subdivisions have yet to be collected and urged the Board to put this matter off for two years, as homeowners will be impacted very hard on this request.

The Board complimented the petitioner and his staff for working so well with the County staff, noting that it was a first class development.

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) and RR (Rural Residential) to PUD (Planned Unit Development) as amended, including points of agreement between the developer and Concerned Citizens for the Responsible Development of Deer Island (to be incorporated as a part of the PUD).

PETITION #83-88A-1 AMEND CP ORD. #46-88 BARNETT BANK

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 to amend CP Ord. #46-88, to change buffer requirements from 75 ft. to 42 ft.

Commr. Gregg declared a conflict of interest, due to the fact that he is on the Board of Directors of Barnett Bank, and abstained from the discussion and vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:00 p.m.







_______________________________

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







______________________________

JAMES C. WATKINS, CLERK



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