The Lake County Board of County Commissioners met in regular session on Tuesday, February 19, 1991, 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: Donald B. Bailey, Chairman; Catherine Hanson; C. W. "Chick" Gregg; Richard Swartz; and Michael J. Bakich. 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 Toni M. Austin, Deputy Clerk.

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

MINUTES

Discussion occurred regarding the Minutes of January 8, 1991, with Ms. Lustgarten making the following change:

Page 20 - Line 33-34 - to add: "...informed the Board of the Administrative Hearing on the Correctional Employees Teamster bargaining unit,....".

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of January 8, 1991, as corrected.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Payment of Warrant #131625 through Warrant #131896, for the following accounts:

Pasco Fire District County Transportation Trust

Countywide Fire District Bassville Fire District

General Revenue Section 8

Landfills Aquatic Weed

Mosquito Control Private Industry Council

Northwest Fire District Capital Outlay

Commissary Trust Fund South Lake Fire District

Northeast Hospital Countywide Library

Resort & Development Fund Tax Animal Shelter Trust Fund

Emergency 911 Fund Northeast Ambulance

Northwest Ambulance Paisley Fire District

Mt. Plymouth Fire District Miscellaneous/Gas Fund

Criminal Justice Trust Fund

Accounts Allowed/Assessment

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

Highland Lakes Subdivision

Slavic Gospel Assoc., Inc. $811.87

Marshall H. Gaard 834.12

Marshall H. Gaard 834.12

Marshall H. Gaard 804.90

Marshall H. Gaard 804.90

Marshall H. Gaard 240.34

Marshall H. Gaard 252.24

Marshall H. Gaard 240.23

Marshall H. Gaard 256.85

Astor Forest Campsites

Gerald D. & Mary M. Rowden $1,236.77

Buttercup Lane

XLRZ, Inc. $11,355.75

Sorrento Village

Otis & Ruth P. H/W Willis $1,792.37

Springs Bath & Yacht Club

Joseph T. Cataldo $1,102.32

Carleton & Betty Collar, Jr. 1,204.78

Carleton & Betty Collar, Jr. 1,200.15

Ocala Forest Campsites

Charlotte M. Rush $774.53

Green Thumb Garden Center Corp. 774.44

Robert Anthony Martin 814.81

Crest Haven Add. Sub.

Charles & Maxine Coleman $856.19

Joanna Shores Sub.

Edward R. & Angela Jones $ 905.17

Robert L. & Barbara Dyar, Jr. 1,038.55

Birr Park Subdivision

Frances Wesley $3,099.16

COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding Tabs 1-17 of the County Manager's Agenda, with staff noting a correction in Tab 2 that the amount of the transfer of funds from the Sales Tax Bond Construction Fund/Capital Improvements Main Jail Project Division should be

$5,000,000.00 from the Capital to Operating Expenses. Also Commr. Bakich requested that Tab 17 be pulled for discussion.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved Tabs 1-16, for the following requests:

ADMINISTRATIVE SERVICES/BUDGET

Accounts Allowed/Budgets

Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:

Ambulance-Hospital Districts/Accounts Allowed/Budget Transfers

Health & General Services/County Attorney/Jails

Request for the following transfers of funds:

Northlake Hospital District, Health & General Services/Northeast Hospital Division $800.00 from Contingency to Operating Expenses.

Northlake Hospital District, Health & General Services/Northwest Hospital Division $800.00 from Contingency to Operating Expenses.

General Fund/County Attorney $20,000.00 from Operating Expenses to Operating Expenses.

Sales Tax Bond Construction Fund/Capital Improvements Main Jail Project Division $5,000,000.00 from Capital to Operating Expenses.

COUNTY MANAGER

Accounts Allowed/Environmental Services

Request for approval for the expenditure of $118.00 to the Clipping Bureau of Florida.

Accounts Allowed/Jails

Request for approval for the payment to Capitol Furniture for 200 heavy duty nondemountable bunk beds for the Prelude project, at a unit cost of $253.40, and a total cost of $50,680.00.

Accounts Allowed/Contracts, Leases & Agreements/Jails

Request by the Capital Improvements Division to encumber an additional $5,000,000.00 for the purchase order with Barton-Malow Company.

HEALTH AND GENERAL SERVICES

Accounts Allowed/Contracts, Leases & Agreements/Emergency Management/State Agencies

Request by Public Safety Division/Emergency Management for signature on FY91 Emergency Management Assistance (EMA) Agreement between the State of Florida Department of Community Affairs and Lake County, in the amount of $22,912.48.

Accounts Allowed/Contracts, Leases & Agreements/Municipalities

Fire Protection

Request for signatures and approval to encumber funds on the Interlocal Agreement between Lake County and the City of Groveland whereby the City will provide fire protection to certain unincorporated areas of the County for a period beginning October 1, 1990 through September 30, 1991, at a cost of $12,000.00.

Accounts Allowed/Contracts, Leases & Agreements/Municipalities

Fire Protection

Request for signatures and approval to encumber funds on the Interlocal Agreement between Lake County and the City of Mascotte whereby the City will provide fire protection to certain unincorporated areas of the County for a period beginning October 1, 1990 through September 30, 1991, at a cost of $12,000.00.

PLANNING & DEVELOPMENT

Planning & Development/Subdivisions

Request for preliminary plat approval of Eagles Landing Subdivision (14 lots in District 5).

Planning & Development/Subdivisions

Request for preliminary plat approval of Reflections Subdivision (77 lots in District 4).

Planning & Development/Subdivisions

Request for final plat approval of Vi-Brod Subdivision, First Addition (6 lots in District 4).

PUBLIC WORKS

Accounts Allowed/Bids/Subdivisions

Request to award Bid #027-759-091, Sylvan Shores sidewalk, to Lindsley Paving Co., and to encumber funds, in the amount of $8,991.00.

Resolutions/Roads-County & State

Request to approve a resolution, as required by Statute, to allow the Board Chairman to close State roads when necessary.

Public Works/Roads-County & State

Request to accept a maintenance map on #4-4981 Britt Road.

Deeds/Right-of-Ways, Roads & Easements

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

Jerome J. Bornstein - Lakeshore Drive #3-1040

Road Closings/Municipalities/Right-of-Ways, Roads & Easements

Request to advertise Road Vacation Petition No. 638, to vacate portion of right-of-way in Lake Highlands Company and deeded right-of-way, Clermont area.

Road Closings/Municipalities/Right-of-Ways, Roads & Easements

Discussion occurred regarding the request to advertise Road Vacation Petition No. 640 from Joe Godfrey to vacate drainage easement, Summit Landings S/D, Silver Lake Area.

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss closing the easements at lots 4 and 5, which are not dedicated.

Mr. Joe Godfrey, applicant, appeared before the Board and stated that the drainage easement between lots 5 and 6 was platted, but when the subdivision was being constructed, he was asked to move the drainage easement between lots 4 and 5, which was done, but which was never recorded.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to advertise Road Vacation Petition No. 640 from Joe Godfrey, to vacate drainage easement, Summit Landings S/D, Silver Lake Area.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board to discuss the request by the Capital Improvement Division for authorization to draft an amendment to Barton-Malow's contract for additional fees, in the amount of $422,000.00, and to encumber funds for the Courts Building.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the above request, as presented by Mr. Anderson.

JAILS

Mr. Al Thelen, County Manager, addressed the information, progress and schedule update on the Criminal Justice Facility, with there being no questions by the Board.

ENVIRONMENTAL SERVICES

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the proposals received by the three firms for the surveying services for the Site K Landfill. He stated that, after discussing this issue with the County Attorney, it was determined that the Board has several options, as follows: (1) go down the list of firms that submitted proposals for the

surveying services; (2) start the process over and go out for proposals once again; or (3) have the Board declare an emergency, which would allow a competitive bid process. Mr. Findell recommended that the Board declare a public emergency.

Ms. Annette Star Lustgarten, County Attorney, stated that the criteria of a public emergency involves there being a threat to health, safety, or general welfare, and the Board would have to make findings as to what the public emergency involved. Should the Board take this route, the County would still go through the RFP process, but would incorporate the provision of fees.

Mr. Findell stated that the emergency process and bidding process could probably be completed within two weeks. He stated that he would send the RFP's out to all of the firms, including the ones who had already submitted proposals.

Commr. Swartz stated that he felt the emergency process would save a significant amount of tax dollars, because $10,000.00 has already been committed to one of the property owners, who has already indicated a time frame in which to do the work. He felt that the savings of tax dollars would be a legitimate public welfare issue.

Commr. Gregg made a motion, which was seconded by Commr. Bakich, to declare a public emergency, with the findings to be excess expenditure of public funds, the time frame with the property owner, and the delay of the opening of the landfill.

Under discussion, Mr. Thelen stated that this is a boundary survey, as opposed to the engineering study of the site itself, and that the Board has authorized condemnation of the property, based on the fact that the Board was not able to negotiate the purchase.

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

PUBLIC WORKS

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise

for bids for C-44, C-473 and 1-5433 Radio Road intersection improvements, Lump Sum Construction Project No. 14-91, at an estimated cost of $250,000.00, and approval of specifications.

COMMITTEES/ORDINANCES

Mr. Chuck Pula, Director of Parks and Facilities, appeared before the Board to discuss the proposed Ordinance establishing The Lake County Parks and Recreation Advisory Board.

Commr. Swartz referred to Page 3, Section 5, Duties, and suggested that the advisory issue be clarified.

Ms. Annette Star Lustgarten, County Attorney, stated that the language will be addressed, and include the following:

Page 3, Section 5, Duties, A. - Strike "advise" and add "Consult with",

Page 3, Section 5, Duties, B. - Strike "county" and add "the Board of County Commissioners".

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved for staff to advertise the proposed ordinance establishing the Lake County Parks and Recreation Advisory Board, with the clarification being made in the language as to the advisory duties in Section 5.

MUNICIPALITIES/ORDINANCES/ROADS-COUNTY & STATE

Ms. Annette Star Lustgarten, County Attorney, stated that, when the ordinances creating the impact fees comes to the Board, she will also bring an amendment to the road impact fee ordinance to clarify the fact that it is applicable in cities, and there is no option available to opt out of the agreement, and therefore, the County can proceed with the Lady Lake situation. Ms. Lustgarten further stated that she will also include language to clarify the issue of charging impact fees when there is demolition, or removal, of a unit. At this time, she reviewed this issue with the Board.

Mr. Bob Newman appeared before the Board and discussed one of his tenants in his mobile home park, who has purchased a new mobile home to place on the lot she already owns. He stated that, when she went to obtain a building permit, the County requested a

$600.00 impact fee to replace a mobile home on an existing lot that had a mobile home.

Mr. John Swanson, Director of Planning and Development stated that he met with Ms. Lustgarten, in order to clarify this type of issue, with Ms. Lustgarten stating that a written interpretation will be made for the Board.

Mr. Al Thelen, County Manager, stated that a memorandum will be prepared to clarify the ordinance, and the County's existing practice on this issue.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

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

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the reappointment of James L. Miller and James P. Logan to the Planning and Zoning Commission in District 1, with their terms expiring February 28, 1993.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the reappointment of Rosi Mulholland, and the appointment of Deborah Shelley to replace Gregg Homan, to fill the District 3 positions on the Planning and Zoning Commission, with the terms expiring February 28, 1993.

COUNTY EMPLOYEES/COUNTY ATTORNEY

Commr. Swartz discussed the County spending legal fees in excessive amounts for outside legal counsel for the grievance hearings, and questioned whether or not the County can eliminate the spending of excessive fees.

Mr. Al Thelen, County Manager, stated that the new grievance procedure acted on by the Board and made effective January 1, 1991, which will provide the rights for the employee, and for a more

expeditious process, and hopefully will not require extensive legal counsel.

PUBLIC HEALTH/EDUCATION/RESOLUTIONS

Commr. Hanson requested that Tab 36 regarding the resolution to create a coalition for drug education and prevention be postponed, in order that the necessary people be in attendance.

COMMISSIONERS/COUNTY POLICY

Commr. Bakich discussed adopting a policy where, if a Board member asks a staff member to look into an issue that someone has approached him about, the District Commissioner will be notified of the issue.

It was the consensus of the Board that staff look into developing such a policy.

PUBLIC HEARINGS/TIMES CERTAIN

CLERK/DEEDS/TAX COLLECTOR

Ms. Annette Star Lustgarten, County Attorney, informed the Board that Commr. Gregg received a letter from Mr. Danny B. Brown regarding a Tax Certificate issued to him on the Citrus Sun Club Condominium Phase I, and that a response of memorandum was sent and copied for the Board. Ms. Lustgarten stated the Statute requires that, in the event that a Tax Certificate is issued in the name of the County, which has happened in this instance, for three consecutive years, the County is required to pursue a Tax Deed, which requires a title search to be conducted by the Tax Collector's Office, and notice to anybody that has a property interest in that particular property. She stated that this is a time share, and there are 9,000 identified weeks, with block holders of these weeks. The decision to go forward with the Tax Deed sale is with the Board.

Mr. Danny Brown, holder of the 1985 Tax Certificate, appeared before the Board to discuss the issue. Mr. Brown stated that the tax base on the property has gone from approximately 3.3 million dollars to 1.5 million dollars, with the County taxes going from approximately $62,000.00 to about $29,000.00. He stated that the

only way to resolve the issue with Citrus Sun Club is to proceed with a Tax Deed sale.

Mr. T. Keith Hall, Tax Collector, appeared before the Board and stated that the procedure for continuing with this item has been outlined by the County Attorney. He suggested that an uncertain amount of funds be determined for the cost of the title search, based on the number of people to be notified. Mr. Hall explained the bidding process, and the result of the property being sold or not sold, and the disbursement of the proceeds.

Mr. Hall discussed Case No. 90-936, Monroe County, where the cost of the title search was in the amount of $30,000.00, and Case No. 910214, Volusia County, where an injunction was received two hours before the sale was to take place.

Mr. Hall stated that, if the Board wishes to proceed with the sale, he will get the search done as expeditiously as possible. He went on to discuss the Clerk of Court's responsibility, as far as the notices, and stated that the Clerk has a considerable amount of expense, which will include statutory fees.

Mr. Hall stated that another problem exists, which involves some of the weeks being individual deeds, and that the Property Appraiser has most of these. Mr. Hall discussed the normal procedure followed when filing on a Tax Certificate.

Mr. Brown stated that the Tax Certificate has a life of seven years, with his certificate having two years left on it, and with him having an investment of $90,000.00. He further stated that Mr. Jim Loflin, Property Appraiser's Office, has kept deeds, which are accessable, and may help eliminate some of the expense.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved for Mr. Hall to come back to the Board with proposals to do the title search, and to take further action at that time. Included in the motion was approval to obtain the necessary estimate of Clerk's costs, as a result of this issue.

ROAD CLOSINGS

PETITION NO. 624 - Billy Martin - Deland Area

Mr. Gary Summers, Attorney in behalf of Mr. Howard Caldwell, and Mr. Billy Martin, applicant, were present to discuss the petition.

No one appeared in opposition to the request for vacation.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved Road Vacation Petition No. 624, by Billy Martin, to vacate a portion of road, Old State Road 42, Deland Area, as advertised.

PETITION NO. 630 - Charles & Shannon Schell - Fruitland Park

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the petition. Mr. Stivender informed the Board that Mr. Boston had agreed to grant Mr. Berry an easement, if necessary, along the 15' x 15' square, but he thought it was somewhat excessive to grant a 15' x 660' access back to Mr. Berry. Mr. Stivender stated that neither one of the gentlemen were interested in closing the roads at all.

Mr. Archie Lowery, Attorney representing Mr. and Mrs. Boston, Mr. and Mrs. Berry, Mr. Haines, and Ms. Warren, appeared before the Board to discuss the request.

Mr. Lonzia Berry appeared before the Board to discuss the access that he has been using over the past years, and stated that he is now using access from Register Road, which is not legal access, and which now has a fence across it.

Mr. Larry Taylor, representing the petitioner, appeared before the Board and stated that there is only one means of legal access and that is from Gray's Airport Road running south, by virtue of a deed in the 1920's. Mr. Taylor discussed the proposal, which has been discussed between the attorneys, in order to give access to all parties involved. He then discussed the possibility of having to remove the security fences.

Commr. Swartz stated that the suggestion being made by Mr. Taylor's client, the Schells, is to move the 15'easement that is in

the middle of their property, to the bottom of their property, in order to provide the alternate access.

Mr. Eddie Boston appeared before the Board to discuss the proposal, and stated that he did not understand why he should lose 15' of his property.

Discussion occurred regarding a better alternative of providing access, with Mr. Taylor discussing deeding the northern 15' to Mr. Boston, with Mr. Boston gaining 15' on the southern boundary.

Ms. Annette Star Lustgarten, County Attorney, discussed vacating public right-of-way, and stated that the property is split between the adjacent property owners regardless of who might have conveyed it.

Mrs. Shannon Schell, petitioner, volunteered to convey to Mr. Boston the entire 15' easement, with clarification being made that Mr. Boston would be giving 15' and receiving 15'.

Mr. Lowery stated for the record that he represents Ms. Orr and Mr. Fernandez, who object to the vacation.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved for a 30 day postponement, until March 18, 1991, and requested that the parties prepare the easements, as discussed today, and come back for approval of the vacation. Mr. Stivender requested that the Public Works Department be able to review the documents before the Board approves the vacation.

Commr. Bakich was not present for the vote.

PETITION #632 - N. R. Bridges - Montverde Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for vacation.

Ms. Letha Vanning was present to represent her father, Mr. Bridges.

Mr. Bill Harrington, representing Mr. Steve Kuzio, appeared before the Board to discuss the request. Mr. Harrington stated that his cousin owns lots 45 and 46, and questioned the possible

development of lot 46, should the 15' right-of-way be vacated, and whether or not this will devalue the property. Mr. Stivender clarified that only the south 15' will be vacated.

Mr. Harrington informed the Board that Mr. Cheever had sent a letter stating his concerns.

Mrs. Joe Cheever appeared before the Board and stated that she and her husband would approve to having the entire road closed, otherwise they were opposed to the closing.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for the vacation of the first 200' of the right-of-way on the southern 15', by N. R. Bridges, Lake Highlands Company Subdivision, Montverde Area, as advertised.

PETITION #635 - B.A.W., Inc. - Lady Lake Area

Ms. Pat Mueller was present representing the petitioner.

No one appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request for vacation by B.A.W., Inc., to vacate right-of-way and a portion of the Plat of Dundee, Lady Lake Area, as advertised.

PETITION #636 - Helen Knapp - Altoona Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that this is an area where a special assessment has been approved, and that he had received letters from the Clements and the Krouse families opposing the road closing.

The Chairman acknowledged that the petitioners were present in the audience.

Mr. Brian Behm, abutting property owner, appeared before the Board in opposition to the request. Mr. Behm discussed the available access to the property owners in Shockley Heights. He further stated that the oak trees would be destroyed as the result of paving, and that the approval of the request would mean an additional cost to County government.

Ms. Francis Siebert appeared before the Board in opposition to the request. She stated that the forest keeps the campgrounds clear for campers and squatters, and suggested keeping the road clear for the people in the community. At this time, Ms. Siebert presented the Board with a petition and letter.

Mr. Joseph Plandio appeared in opposition to the request, and discussed the possibilities of emergency, and access not being available at those times.

Mr. Behm addressed the issue concerning fire, in relation to the forest, and giving up property rights for the placement of a road.

Commr. Bakich stated that, when the special assessment was being discussed, one of the concerns was having those access points open in case of emergencies.

Commr. Bakich made a motion, which was seconded by Commr. Swartz to deny the request by Helen Knapp, to vacate a portion of road, Plat of Ocala Forest Campsites #4, Altoona Area, as advertised.

Commr. Swartz stated that there is a need to maintain the public access to the lakes and forest, and that when the County proceeds with the special assessment, he requested that nothing more is done than squaring off Poinsetta to where it connects with Gardenia, and leaving the balance in the native vegetation.

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

PETITION #637 - Jeanine Andrews - Bassville Park Area

Mr. Jim Stivender, Director of Public Works, was present to discuss the request for vacation.

The Chairman acknowledged that Ms. Jeanine Andrews, petitioner, was present in the audience.

No one appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request by Jeanine

Andrews to vacate Easement, Silver Oaks Subdivision, Bassville Park Area, as advertised.

COMMISSIONERS

At 11:05 a.m., Commr. Bailey turned the Chairmanship over to Commr. Swartz.

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

MUNICIPALITIES

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the use of Impact Fees to purchase right-of-way for the Florida Department of Transportation project.

Mr. Stivender discussed the projection of the impact fees, and stated that the figure has been adjusted to $1,056,000.00, from $1,400,000.00.

The Florida Department of Transportation has proposed a project to four lane State Road 44 from the Sumter County line tot he east side of Leesburg. The project will require right-of-way acquisition that includes a parcel lying north of Main Street and south of North Boulevard in Leesburg. This parcel is a vital link for the entire project. It would be advantageous to purchase the parcel now as vacant land for $747,000.00, rather than in a few years, at a higher cost, if it was improved in the interim.

Mr. Stivender recommended that the Board consider advancing the money to purchase the right-of-way with the understanding that, when the FDOT funds become available in 1994, the County will be reimbursed.

COMMISSIONERS

At 11:10 a.m., Commr. Swartz returned the Chairmanship to Commr. Bailey.

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

MUNICIPALITIES (CONTINUED)

Mr. Robert Cortelyou, DOT, appeared before the Board and presented the concept of the project.

Mr. Chuck Langley, City Engineer, Director of Public Works, City of Leesburg, appeared to discuss the request to speed up the

process through DOT, hopefully by several months, in order to continue one of the City's ongoing projects.

Mr. Stivender discussed the other projects in the City of Leesburg, and where the gas tax monies and impact fee revenues are being used.

Mr. Langley stated that all of the options that the City of Leesburg has at this time would involve the impact fee dollars. If the City chooses to proceed with this project, it will purchase the right-of-way and turn it over to DOT.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved an agreement between the County and the City of Leesburg, subject to the legal staff reviewing the documents, regarding the purchase of right-of-way, as discussed.

FIRE PROTECTION

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and presented a booklet entitled "Level of Service Definition, February 19, 1991" relating to fire protection in Lake County.

Mr. Gene Fry, Safety Director, appeared before the Board to review the Fire Division Master Plan.

Mr. Fry reviewed the following information, which was provided in the booklet presented by Mr. Strickland:

Level of Service - Purpose

Level of Service - Introduction

Lake County Fire-Rescue - Statistical Data

What the Fire-Rescue Units Cannot Provide

1985-1990 Alarm Response Summary

FY 1989-90 Alarm Comparisons

Lake County Average Fire-Rescue Response Time

Lake County Average Fire Attack Time

Priority One - Replace Unreliable Emergency Vehicles

Age of Fire Rescue Vehicles

Variety of Equipment that Makes Standardization Essential

Priority Two - 40 County Fire Stations

Other Department Comparisons

Priority Three - Increase Staffing Levels

Current Special Assessment Revenue

FY 1987-91 Budget Comparisons

FY 1989-90 Revenue Source vs. Call Type

Projected Revenue - Option #1-#8

Discussion occurred regarding the possibility of selling some of the fire stations not being used, with Mr. Strickland stating that each one would have to be separately evaluated.

Mr. Al Thelen, County Manager, discussed the policy used by other counties when evaluating vacant property for fire service. He stated that some counties will identify three acres, or less, and charge a base fee, plus anything over three acres will be charged an acreage fee.

Discussion occurred regarding the policy approved by the Board for fire service; the $35.00 fee; the volunteer system and limited equipment; and the type of service wanted by the public.

Commr. Swartz discussed the developments in the County, which provide fire protection, with Mr. Gregg stating that the County has allowed development to make the choice as to where our stations would be located.

Commr. Swartz stated that the developments are not being placed where the services are located, and that the County is trying to take the services to the development, which is causing the development of the 40 stations, with 11 more being proposed.

Mr. Strickland stated that the 11 proposed stations will be warranted by the population growth. He then discussed the budget, with the main priority being to upgrade the equipment. Mr. Strickland stated that the mail outs will be sent in April or May, at a cost of approximately $13-15,000.00, in relation to the new ordinance concerning the MSTU's, in order to establish the direction for the assessments. He requested that, at the time those ordinances are approved, he would like to see flexibility allowed in the funding.

Commr. Swartz stated that the Board is going to have to decide sometime in the future if the County is going to approve a level of service somewhat like what is being suggested today, or the alternative, which is a significant lower level of service, less stations, with these stations having adequate equipment, and adequate manpower and training.

Mr. Thelen stated that an analysis will be completed in mid-April of the formula for the benefits received in the different areas, and the Board will have approximately six weeks to make a decision on the level of services and costs, to setup for a hearing process. He further stated that the issues raised today will be taken into consideration.

Mr. T. J. Townsend, Yalaha, appeared before the Board to address the fire protection issue. Mr. Townsend stated that the fire protection in his community is better now than in 1985, and he is not an owner of vacant property. He stated that there is a need for additional funds for fire protection, and there is a need to obtain additional revenue from vacant property owners. He further stated that a sliding scale has been proposed, which has a good concept, but he feels that the proposed scale is grossly unfair. Mr. Townsend suggested $5.00 per acre for the first 5-10 acres, and an additional $.35 (or some close number) per acre for any additional acreage. He stated that it is unfair to charge the same amount to the owner of a 1/2 acre lot in a subdivision that is vacant, as you charge for a house in the same subdivision. Mr. Townsend stated that he does not want the current level of protection degraded, because he feels it is at the minimum level now.

Mr. Steve Richey appeared before the Board to discuss the $35.00 fee being charged for fire protection. Mr. Richey stated that the unimproved lots (that do not have structures on them) within Crescant Cove, and some of the other platted subdivisions, are maintained, and are not fire risks. He further stated that they do not deserve a $35.00 fee. Mr. Richey stated that the burnt out citrus groves may have the potential as being unimproved raw land and should pay a fair share. He felt there was a definite difference between unimproved lots in subdivisions, as compared to unimproved tracts of land, which are not improved lots within subdivisions. Mr. Richey requested that the Board consider the

difference and find a more equitable and fair way to assess for fire protection.

Commr. Swartz discussed the improved, or subdivided lot, where the County has to take into account the subdivision and platting that is approved, and stated that this is where the capacity costs are derived for fire protection.

Mr. Thelen reiterated that staff would have the necessary information for the Board in April, including the benefit ratio in terms of who is receiving what and who is paying what, with the feeling that the County cannot defend its current position with the vacant lands not paying anything.

COMMISSIONER'S BUSINESS

EDUCATION/GRANTS/RESOLUTIONS

Commr. Hanson discussed the creation of a coalition for drug education and prevention. She stated that the coalition would help the County in obtaining grant money from the Federal level.

Mr. Wally Bain, Lake County School Board, appeared before the Board to discuss the drug problem in the County, and the effectiveness the coalition has had in other communities, and stated that less than 4% of drug use takes place in school.

Commr. Hanson stated that at least five entities have agreed to support and participate in the coalition, and that Dr. Tom Sanders, Superintendent of Schools, has indicated that he may possibly assist in the writing of the grant, which may provide up to $200,000.00 per year for five years.

Father David Randolph, Chaplain at the Lake County Jail, appeared before the Board to discuss activities, which he is involved, in relation to the drug problem, and stated that an organization called Teleios, Inc. was chosen to get involved in drugs and education. He suggested that a coalition would provide the opportunity to promote and coordinate a systematic approach in dealing with the public and private sectors. At this time, he discussed the five year grant that is available, and stated that he

was requesting a commitment from the County to support the coalition, and assign someone to be a part of the coalition.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution to create a coalition for drug education and prevention.

EDUCATION/COUNTY POLICY

Mr. Buddy Buie, Mayor, City of Eustis, appeared before the Board and stated that an issue had been brought to his attention regarding the showing of the film, "The Last Temptation of Christ", at Lake-Sumter Community College, this coming Saturday evening. Mr. Buie stated that the group promoting the film has leased a public facility in which to show it, but that the film is very controversial. The group feels that, by leasing the public facility, it relieves the college of any burden of church and State separation, but that invitations were being sent to other organizations on college letterhead. Mr. Buie stated that, immediately following the presentation of the film, there would be a panel to discuss and critique the artistic merits of the film, with the panel being composed of educators from the college.

Mr. Buie requested that the Board take a position, as to the legal constraints, regarding such an issue.

Discussion occurred regarding the film, with each Board member indicating that, any decision made, regarding this issue, would be a personal one from each Board member, that the issue was not before this Board for action to be taken, and that only the college should be dealing with the issue at this time.

RECESS & REASSEMBLY

At 1:10 p.m., the Chairman announced that the Board would recess until 2:00 p.m. for rezoning.

PUBLIC HEARINGS

ZONING

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved for the following to be

postponed 30 days, upon the request of Mr. Greg Stubbs, Director of Current Planning, and as recommended by staff:

Robert Chapman, FL Quality Dev. - FQD - March 19, 1991

D. O. Roper (Trust) - #2-91-3 - March 19, 1991

PETITION #185-90-2 A to CP Dale Bartch

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. Mr. Richey stated that any request for mini-storage has been deleted from the proposed site plan for CP (Planned Commercial), but requested that the Board approve C-1 uses, but limit the fact that no drive-in facilities for food service be allowed, nor, under the provisions of C-1 that allows bookstores, the applicant would request that there be a provision that says no adult bookstores shall be allowed. Mr. Richey requested that the Board approve the C-1 uses, as stated, in CP zoning, with the site plan that was already submitted. At this time, Mr. Richey presented the Board with the site plan.

Mr. T. J. Townsend appeared before the Board and stated that he had no problems with the restrictions that have been enumerated by Mr. Richey.

Commr. Hanson made a motion, which was seconded by Commr. Gregg, for the Board to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial), with C-1 (Rural or Tourist Commercial) uses, with the above limitations presented by Mr. Richey.

Under discussion, Commr. Swartz stated that strip commercial was still being created along the road, and therefore, would vote against the motion.

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

The motion passed with a 3-1 vote, with Commr. Swartz voting "no", and Commr. Bakich not being present for the discussion or vote.

PETITION #186-90-2 A to ER, RE or RR Marjorie T. Prevatte

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the action taken by the Planning and Zoning Commission. Mr. Richey stated that the original request was made for 1/2 acre lots, with central water being required. He stated that advertising had been made for 1/2 acre and 1 acre parcels. At this time, he requested that the Board approve 3/4 acre parcels, with the applicant providing central water to the site.

No one appeared in opposition to the request.

Commr. Bailey stated that he did not support 1/2 acres, but would support the 3/4 acre, in RE zoning, with the central water.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to overturn the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to RE (Rural Estates), for 3/4 acre parcels, with central water.

Under discussion, Commr. Swartz questioned the applicant's intent to supply water to the neighboring area, and the denial of a request in the same general area.

The motion passed with a 3-2 vote, with Commr. Swartz and Commr. Bakich voting "no".

PETITION #182-90-1 A to R-1-15 and RR William & J. Barbieux

And George Green

Mr. Bob Cyrus, Attorney representing the applicant, appeared before the Board and stated that the request had been made for

R-1-15 zoning for the entire parcel, but after dealing with the concerns of the neighbors, and the Planning and Zoning Commission, the applicant decided to request split zoning, with R-1-15 and RR zonings.

Commr. Swartz questioned whether or not the applicant would be willing to enter into a voluntary developer's agreement to provide the necessary open space recreation, and any impact fees that would not otherwise be required of a PUD.

Mr. Cyrus stated that he has not had the opportunity to consult with his client on this issue, but would respond negatively at this time.

Discussion occurred regarding previous discussion by the Board as to open space and recreation, in a PUD, and in relation to the size of the parcel of property.

Commr. Bailey stated that time would be set aside for the Board to discuss the item regarding open space and recreation in a PUD.

No one appeared in opposition to the request.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission to approve the request for rezoning from A (Agricultural) to R-1-15 (Residential Estates) and RR (Rural Residential) zoning, for single-family residential homesites.

Under discussion, Commr. Bakich stated that he has a concern with the lack of control over developments this size, in relation to impact fees, water and sewer, fire, etc.

Commr. Gregg stated that the Commission has public hearings coming up on impact fees, and the Board needs to take action if it wants to take away straight zoning. Otherwise, the Board needs to proceed with the straight zoning, as currently established by the County.

The motion passed with a 3-2 vote, with Commr. Swartz and Commr. Bakich voting "no".

PETITION #197-90-3 A to PUD William Rhodes

Mr. Greg Stubbs, Director of Current Zoning, informed the Board that a letter of opposition was submitted to Planning and Zoning from the City of Tavares, but that the letter was withdrawn, after a presentation was made by Mr. Greg Beliveau at the Planning and Zoning meeting.

Mr. Greg Beliveau, Land Planning Group, representing the applicant, appeared before the Board to discuss the location of the property, which is across the street from the Lake Harris PUD. It

is also in the Tavares joint planning area, and the newly created Tavares Utility Service Area. Mr. Beliveau stated that the applicant will have access to central water and sewer. He stated that the property is located within the new urban expansion, which allows six units per acre, if he has the necessary points. He went on to discuss the approved adjoining PUD, the conditions of the proposed PUD, and requested that the vegetative buffer, that will incorporate the drainage system, not be part of the conditions of conservation.

No one appeared in opposition to the request.

Commr. Hanson suggested that there be no more than 30 paved parking spaces, and allowance for overflow in the grassy area. She also suggested that the buffer be wider along Highway 19, with the some of the rights-of-way being internal.

Discussion occurred regarding the possibility of a 50 foot buffer in trade for a more narrow right-of-way, with reduced parking.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the three variances, as follows, with changes being made to Variance #1: Variance #1, Section 70.40 U (6)(a), (s) & (t), to allow 68 parking spaces, with one-half of the spaces being pervious surface; Variance #2, Section 696.20 (5)(b) and (c) for front setback of 20 ft. from the front property line, instead of the required 62 ft. from the centerline of the road; and Variance #3, for side setback of 7.5 ft. and a rear setback of five (5) ft. instead of the setbacks being one-half of the sum of the height of the building.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development), including the variances, with the change in Variance #1.

PETITION #72-83C-4 Amend CP Ord. #63-89 Alfred Shapiro

Mr. Alfred Shapiro, applicant, was present to answer any questions of the Board.

No one present appeared in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CP Ordinance #63-89, to allow CP with C-1 uses, excluding bars and nightclubs, to allow office storage for a retail stucco business and supplies, and for a beauty care and supplies business.

PETITION #3-91-4 AR to ER Robert & Nancy Grill

Mr. Robert Grill, applicant, was present to answer any questions of the Board.

No one present appeared in opposition to the request.

Mr. Grill stated that, after he purchased the two pieces of property, he found out that he only had one lot of record, even though there were two contracts. He stated that he has 150 feet of road frontage, for a little more than four acres, which is zoned AR and, which requires 2 1/2 acres, as does residential. Mr. Grill stated that, if he has 160 feet, he could request ER or RE zoning. He further stated that he purchased ten feet of his neighbor's road frontage, in order to develop two lots.

On a motion by Commr. Hanson, 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 AR (Agricultural Residential) to RE (Rural Estates), for the creation of two lots for single-family dwelling.

PETITION #192A-90-2 A to PFD Packing House-by Products Co.

The applicant was present to answer any questions of the Board.

No one present appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A

(Agricultural) to PFD (Public Facilities District), for golf course and club facilities.

Commr. Bakich was not present for the vote.

PETITION CUP#91/1/1-2 CUP in A Nola L. Willis

No one present appeared in opposition to the request.

Commr. Swartz questioned the use of the caretaker's residence, with Ms. Annette Star Lustgarten elaborating on the conditions for a caretaker's residence.

Commr. Gregg discussed the placement of a caretaker's residence on larger pieces of property, when there is already a home on the property, and felt that, if the majority of the Board wishes to make a change in procedures, it should do so by formal action.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural) for a mobile home for a caretaker's residence, with an existing sawmill.

Commr. Bakich voted "no".

PETITION CUP#91/1/3-2 CUP in A Robert Purvis

Mr. Robert Purvis, applicant, was present to answer any questions of the Board.

Commr. Bakich discussed the conditions with the applicant, who presented an explanation of his intentions.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission for the request for a CUP in A (Agricultural), for classification of uses for an agricultural equipment repair business, with a restriction of five (5) tractors at one time on the site, and a total of 15 pieces of equipment including the tractors.

PETITION #4-91-2 R-1-5 to CP Robert Cottrell, et al

Mr. Greg Stubbs, Director of Current Planning, informed the Board that staff had recommended denial of the request for rezoning from R-1-5 to CP, with C-1 or C-2 uses. The Planning and Zoning Commission recommended approval to CP (Planned Commercial) only, with no uses, due to the fact that the applicant has not made a decision as to the use of the property.

It was noted that the applicant was not able to appear, due to illness.

Mr. Stubbs stated that the City of Leesburg recommended denial to a commercial designation.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-5 (Mobile or Mixed Residential) to CP (Planned Commercial) only.

PETITION #5-91-1 R-1-7 to PFD Atex Distributing Inc. et al

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board to discuss the request. Ms. Bonifay stated that the applicant has no problems with the conditions, and understands that, at the time the applicant wants to begin construction, the applicant will have to provide a detailed site plan.

Mr. Greg Stubbs, Director of Current Planning, stated that, upon approval, the Board may direct the Public Works Department's direct attention to the sharp curve and access from Radio Road, with Ms. Bonifay stating that the applicant would have no problem with this request.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson 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 church for Haines Creek Baptist Church, and

directed staff to consider the entrance and exit off of Radio Road, due to the curve.

PETITION #1-91-2 R-1-7 to CP Bruce & Betty Kierstead

Mr. Bruce Kierstead, applicant, was present to answer any questions of the Board.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to CP (Planned Commercial), for a barber shop to be operated from an existing home.

Commr. Swartz voted "no".

COMMISSIONERS

At 3:15 p.m., Commr. Bailey turned the Chairmanship over to Commr. Swartz.

PETITION CUP#91/1/2-3 CUP in A Donna Weinheimer

Mr. Greg Stubbs, Director of Current Planning, announced the above case to the Board, and stated that the staff recommended denial of the request, but the Planning and Zoning Commission recommended approval, with conditions.

COMMISSIONERS

At 3:20 p.m., Commr. Swartz returned the Chairmanship back over to the Commr. Bailey.

PETITION CUP#91/1/2-3 CUP in A Donna Weinheimer (Cont.)

Mr. Keith Hogan appeared before the Board and questioned the applicant's ability to park anywhere on the acreage, upon the approval of the CUP, with Commr. Swartz requesting Mr. Stubbs to review the conditions.

Ms. Donna Weinheimer, applicant, appeared before the Board to discuss the request.

Ms. Annette Star Lustgarten, County Attorney, explained the request before the Board. She stated that this is not an agricultural related use, which is normally what is considered for a CUP. She further stated that there is a category under CUP, which

permits the Board to determine a use that would be obnoxious to the existing uses in the surrounding community, to be permitted through a CUP. The other use would be an educational institution.

Discussion occurred regarding the problem with the parking of the trucks, with Ms. Weinheimer stating that, because of hard times, the trucks are being parked on the property, rather than being parked at the truck drivers' homes.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the CUP in A (Agricultural), for the Tae Kwon Do nature school, and that there be a limit of five (5) trucks and trailers on the property, for no longer than a one-year period of time, and should additional time be needed, or problems occur that are associated with the parking of the trucks, the request will need to come back before the Board.

RECESS & REASSEMBLY

At 3:30 p.m., the Chairman announced that the Board would recess for five minutes.

PETITION #7-91-3 A & CUP#943-3 to PUD Karick Price &

W. T. Cox (Sugarloaf Mountain)

Mr. Annette Star Lustgarten, County Attorney, stated that this is a Development of Regional Impact (DRI), or could qualify as a Florida Quality Development. The statute requires that zoning come through at the same time that the development order and the DRI comes through. She stated that it was unusual to have zoning come forward before the DRI application, and the development order has been issued. In the event that it does go forward, Ms. Lustgarten stated that proposed language has been presented to the Board that would provide that no development land improvements, or anything could happen on the site, until the development order is issued by the County, or the Department of Community Affairs, if it is a Florida Quality Development.

Mr. Stubbs stated that proposed revisions, developed by Mr. Don Findell, Director of Environmental Services, have also been

presented to the Board for consideration, which will be substituted for the language currently proposed in the ordinance.

Ms. Cecelia Bonifay, Attorney representing the applicants, appeared before the Board, with Mr. Steve Godfrey, Kimley-Horn and Associates, Inc., and introduced the individuals involved with the proposed development.

Ms. Bonifay presented an overview of the proposed project, discussing the residential development, the internalized commercial development, which will be surrounded by three County roads (455, 561, and 561A), and the uniqueness of the property. Ms. Bonifay stated that this will be a long term project. She further stated that she has reviewed the information prepared by Ms. Lustgarten, in terms of the DRI, and has no problem with the inclusion of the additional language she is recommending, which allows the applicant to move forward with the Preliminary Development Agreement (PDA). She went on to discuss the procedures that will be followed through the necessary State agencies, in order to develop the project. Ms. Bonifay stated that a traffic analysis and traffic study has been done for the project, and that over 70 acres has been designated for community facilities, in forms of school sites, churches, or fire station sites, which will be determined by the local government working with the applicants. Ms. Bonifay stated that she has no problems with the conditions recommended by Mr. Findell and his staff for water and sewer.

Ms. Bonifay stated that, since the County is considering the adoption of new impact fee ordinances, Kimley-Horn and Associates, Inc. has developed an analysis of what would currently be generated, in terms of impact fees, and what would be generated under the proposed ordinances, as well as the value of dedications and ad valorem tax values for this particular development, which would be generated on an annual basis. At this time, she reviewed the Estimate of Sugarloaf Project Revenues.

Mr. Ed Seay, designer of the project, appeared before the Board to discuss the design criteria, and stated that every unit in

the project will face an amenity. At this time, Mr. Seay answered questions from the Board.

Commr. Bakich questioned the time frame for the public golf course, with Mr. Seay stating the first initial activity of the project will be the construction of the golf course, which will

expose the land, and expose the public facility to the County, which will have a golf shop, and offer the first preliminary stages for weekend stays. He stated that one possibility is an Arnold Palmer Academy, with a program being developed for the public facility.

Ms. Bonifay discussed the time frame involved with the development of the golf course, and stated that it will depend on how quickly governmental approval can be obtained.

Mr. Seay discussed the buffer that surrounds the entire piece of property, and the green belt showing on both sides of Sugarloaf.

Mr. Arnold Stroshein appeared before the Board to discuss the golf carts that will be crossing Highway 455, with Mr. Godfrey stating that there will be a pedestrian crossing, and golf cart access under Highway 455.

Commr. Gregg declared a conflict of interest and stated that he would abstain from voting on this issue, due to his relationship with Mr. F. Browne Gregg, who has a connection with one of the parcels.

Ms. Jeanie Lassiter appeared before the Board to discuss the turnpike exit, and Mr. Godfrey answered her questions of concern.

Commr. Swartz stated that he did not feel the project is consistent with the current Comprehensive Plan, as stated in the staff's recommendations, and that it is inconsistent with the Board's action, for almost two years, which is, if you have not been, or if you are not in an urban area, you shall not develop the density greater than one unit per acre, essentially RR. He stated that this Board has repeatedly reaffirmed this for over two years, and this is not in an urban node, and the applicant is proposing a density that varies to 1.7 units per acre.

Commr. Swartz stated that staff has determined this request to be consistent with the surrounding zoning, which it is not, and he discussed the issues that came before the Board in the past in relation to Sugarloaf Mountain.

Commr. Swartz stated that the Board is ignoring the precedent that it has set over the past two years, as well as the County's Comprehensive Plan. He stated that the Board should be considering a Land Plan Amendment (LPA), to create an urban type node. Commr. Swartz stated that, for these reasons, he will vote against the project.

Commr. Bakich stated that he had a number of concerns earlier when the project was being proposed, in relation to location, infrastructure; it being consistent with the comprehensive plan; and the land use. He stated that he feels these issues have been addressed, and he can now support the request. He further stated that the applicant has shown that he can adequately provide the infrastructure, and has agreed to a change in the language, and that he supports this because, not long ago the Board approved a development of significant size in the southern part of Lake County, and was given the opportunity to proceed further, and he feels that this development should be given the same opportunity.

Commr. Bailey stated that the concept indicates quality development and that he supports the request.

Commr. Hanson stated that this is the type of concept that she felt should be on the County's map from the start. This is where you can place a development anywhere in the County, as long as you provide for the natural resources and you protect them. She stated that, by allowing the services, the County will be protected, and therefore, is in support of the request.

Commr. Bakich made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural), RR (Rural Residential) and CUP#943-3 to PUD (Planned Unit Development, with the revisions for the water and sewer facilities,

the County Attorney's inclusion for the DRI requirements, and changes, as follows:

IX. DRI (Development of Regional Impact) Requirements

A complete DRI or PQD application shall be submitted and processed pursuant to Chapter 380, Florida Statutes, prior to issuance of any development orders, development permits, building permits, or any alteration of land for this development. A Development Order shall be issued by Lake County for the DRI after the required review by the Department of Community Affairs and East Central Florida Regional Planning Council (ECFRPC). In the event an application for a Florida Quality Development is sought by applicant a Development Order shall be issued by the Department of Community Affairs prior to the issuance of any development orders, development permits, building permits, of any alteration or land for this development. In the event a pre-development agreement is approved by the Department of Community Affairs, the appropriate permits may be issued for the area covered by the pre-development agreement, subject to all applicable provisions of local, regional and State ordinances, laws and regulations.

Ms. Lustgarten stated that, for informational purposes, on Page 8, VI Special Requirements, "per lot" should be "per dwelling unit". This will be corrected.

Ms. Lustgarten went on to discuss the proposed language, which was submitted by Mr. Findell, and questioned the 120 days, with clarification being made that it would be 120 days from the approval of the PUD zoning, which would be today's date.

The Chairman called for a vote on the motion, which was carried, with a 3-1 vote.

Commr. Swartz voted "no", and Commr. Gregg abstained from voting, due to a conflict of interest.

RECESS & REASSEMBLY

At 4:25 p.m., the Chairman announced that the Board would take a recess.

ACCOUNTS ALLOWED/ROAD PROJECTS

Mr. Al Thelen, County Manager, presented a request from Mr. Jim Stivender, Director of Public Works, for the purchase of $4,000.00 worth of rock, from Florida Crushed Stone. He stated that bids have not been received for that particular type of rock, and therefore, Mr. Stivender needs authority to make such a purchase.

Mr. Stivender appeared before the Board to discuss the double-surface paving of the one mile strip of road at Highways 19/27, which will be the access to the Tourist Development parcel of property. He stated that the road will be built before the next Board meeting, and therefore, was requesting the approval today.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the request for the expenditure of $4,000.00 for the purchase of 400 tons of rock from Florida Crushed Stone, as requested by Mr. Stivender. Mr. Gregg was not present for the vote.

CLERK/DEEDS/TAX COLLECTOR

Mr. Al Thelen, County Manager, presented a request from Mr. T. Keith Hall, Tax Collector, to authorize the newspaper, in which to advertise the delinquent tax certificates. Mr. Thelen stated that the Lake Region News, (Eustis Lake Region, Mount Dora Topic, and Tavares Citizen) is the next newspaper listed on the rotation list.

Discussion occurred regarding advertising in a major circulated newspaper, and noting that the above three newspapers involve only three communities. Discussion continued regarding advertising in the Lake Region News and a major newspaper.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved the advertising in the Lake Region News, or in the necessary newspaper that meets the statutory requirements, with the County Attorney reviewing the Statutes for clarification.

Commr. Gregg was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/PROPERTY APPRAISER

Mr. Al Thelen, County Manager, discussed the agreement with the Property Appraiser, in relation to the data base for the establishment of the non-ad valorem tax roll, which provides that the County will provide the Property Appraiser with the funding to purchase approximately $104,000.00 worth of disc storage space for the data, and should additional MSTU's be added, the County will do the same. He further discussed the 30 day cancellation period

within the contract, and stated that both parties felt that it would be difficult to comply with this portion of the contract.

Ms. Annette Star Lustgarten, County Attorney, discussed the issue with the Board.

Commr. Swartz discussed the issue of constitutional officers dealing with other elected officials, and suggested that, instead of the County Manager dealing with the notification, as indicated in the Interlocal Agreement, he suggested that Chairman of the Board handle this issue.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the Interlocal Agreement between the County and the Property Appraiser, as stated above, with the change that the Chairman of the Board be the contact person.

Commr. Gregg was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/TAX COLLECTOR

Mr. Al Thelen, County Manager, reported that the interviews have been concluded, in regards to the Phase II non ad valorem tax consulting work, and stated that inquiries were received from three firms. The interviewing panel interviewed the firms, and recommended that the Board approve David M. Griffith & Associates, and authorize staff to negotiate a contract with them.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried, the Board approved and authorized staff to negotiate a contract with David M. Griffith & Associates, in regards to the above subject discussed.

Commr. Gregg was not present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:50 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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