A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 16, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, April 16, 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; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; 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 Sandra Carter, Deputy Clerk.

Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.

MINUTES

Regarding the Minutes of March 12, 1991 (Regular Meeting), the following changes were requested to be made:

On Page 12, Line 25, change Commr. Bailey to Commr. Bakich.



On Page 13, Line 6, change $136,000.00 to $1,036.00.



On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of March 12, 1991, as corrected.

CONSTITUTIONAL OFFICERS

CLERK'S CONSENT AGENDA

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

Accounts Allowed



Request for payment of Warrant No. 133863 through Warrant No. 134217, for the following accounts:



County Transportation Trust Pasco Fire District

Landfills Mt. Plymouth Fire District

Countywide Fire District General Revenue

Northwest Fire District Private Industry Council

Law Library Miscellaneous/Gas Fund

Aquatic Weed Mosquito Control

Bassville Fire District Capital Outlay

Northeast Hospital South Lake Fire District

Countywide Library Commissary Trust Fund

Resort & Development Fund Tax Animal Shelter Trust Fund

Road Impact Paisley Fire District

Emergency 911 Fund Section 8

Criminal Justice Trust Fund Revenue Sharing

Northeast Ambulance Northwest Ambulance



Accounts Allowed/Sheriff's Department



Request from Sheriff Knupp for appropriation, in the amount of $5,874.29, from the Law Enforcement Trust fund, pursuant to Florida Contraband Forfeiture Act.



Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, in the amount of $150,732.77, for the month ending March 31, 1991.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Dorothy A. Grunewald, in the amount of $50.00 - Case No. 89-398-CFA-01 B2, and authorized proper signatures on same.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Shane T. Clontz, Juvenile, and Trenton Clontz, Parent, in the amount of $50.00 - Case No. 86-1053-CJ, and authorized proper signatures on same.



Accounts Allowed/Assessments/Subdivisions



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



Astor Forest Campsites



Roberta and Charlie Parker $ 2,406.81 Stanley Ernest Bowman, Jr. 2,192.05

Clyde Stafford 787.70

Clyde E. and Carline Tolliver 2,300.71

R. L. Inman 1,808.36

Victoria L. Cooper 1,449.63

Maxine Y. O'Neill and Glena M. Taylor 1,021.89

Preston E. and Tammy A. Wood 1,475.56

Billy W. and Phyliss Campbell 1,420.42

Barry E. Hall 1,317.46

Jack and Christine King 1,123.23

Jack and Christine King 561.90



Crystal Lake Heights



John Victor and Elizabeth Ann Farris 2,239.66



FINANCE/REPORTS

Mr. John Vodenicker, with the firm of Ernst & Young, appeared before the Board and gave a brief presentation regarding the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1990. He stated they were issuing a clean opinion on the numbers put together by the Clerk's Finance Department. He

then distributed a handout pertaining to the financial operations of the Clerk's Office, over the past year, at which time he gave a broad overview of same, indicating increases and decreases in the budget and how they came about. He stated the Clerk's Office finished the year with a positive balance in the General Fund and is taking a very aggressive approach in the Landfill Fund.

Mr. Jim Schuster, Director of Finance, appeared before the Board and referred to a handout which had been distributed, prior to the meeting, pertaining to assets, liabilities, and fund balances for Fiscal Years 1989 and 1990, at which time he reviewed said handout in detail. He stated he had prepared a summary of all the fire districts, for the upcoming year, due to the fact that the County is consolidating them, noting that they are now all individual funds with their own assets and liabilities. He stated that, by consolidating all the districts, it would now give the County more financial flexibility.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board acknowledged receipt of and approved the Comprehensive Annual Financial Report, for Fiscal Year ended September 30, 1990, from the firm of Ernst & Young.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

FUNDS/GRANTS/BUILDING DEPARTMENT

Mr. Bob Mitchell, President of Lake County Aviation, appeared before the Board stating that Lake County Aviation was sponsoring the construction of the Civil Air Patrol building, at the Leesburg Airport, noting that it would benefit the whole community, the County, and the City of Leesburg, at which time he requested the Board to approve the request before them.

A motion was made by Commr. Gregg and seconded by Commr. Bakich to approve a request for a grant, from General Fund Contingency, to pay the building permit fees for the Civil Air Patrol building, at the Leesburg Airport.

Under discussion, Commr. Swartz stated he could not support the request, as he did not feel the County was in the position to

take General Fund revenues to pay the fees, amounting to approximately $900.00.

Mr. Mitchell noted that if any major disaster occurred in the County, the County would have the opportunity of using the building as a disaster center or command post, thus, his reason for requesting the funds. He noted the building will have its own generator and radio communications.

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

Commr. Swartz voted "No".

COMMITTEES/RESOLUTIONS/MUNICIPALITIES

A brief discussion occurred regarding the issue of tipping fee credits to various municipalities in the County, and a request for consideration of a resolution amending the tipping fee schedule, at which time Commr. Bakich stated he would support Alternative 2, as he felt it was justified, noting that a large majority of the municipalities stated they would support it, as well, with the exceptions of Clermont and Fruitland Park (who will have little impact on this decision, as their waste is picked up by a hauler, at present, as opposed to the City doing it themselves).

Commr. Swartz commended the City of Leesburg for their cooperation in the matter and stated he, too, would support Alternative 2, but, wanted to point out the fact that, even if the County does it, it does not remove, totally, the fact that the County is not in compliance with the Florida Statutes, and may have to come back and address the matter at a later date.

Commr. Gregg stated he would support Alternative 2, as well, and also commended the City of Leesburg for "going the extra mile", in the interest of the County.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved Alternative 2, regarding tipping fee credits, or refunds, for waste delivered between August 15 and October 31, 1990, to various municipalities in the County.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution amending the fee schedule for Lake County solid waste disposal facilities.

COUNTY MANAGER'S CONSENT AGENDA

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

Bids/Administrative Services-Budget/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:

(1) SPECIFICATIONS:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners prior to bidding.


DEPARTMENT/DIVISION


DESCRIPTION OF ITEM
BUDGETED

AMOUNT

(1) Health and

General Svcs

Fire/Rescue

Two (2) or more hydraulic extrication tool set.

Bid #062-465-091.

est $ 28,000.00
(2) Public Works

Road Operations

Thermoplastic Marking Material 12-ton.

Bid #061-550-091.

(3) Public Works

Road Operations

Sign materials.

Bid #060-550-091.

(2) Award Bid and Encumber Funds:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Health and

General Svcs

Fairgrounds

Protective Coatings.

Repair Expo Hall metal roof.

Bid #045-959-091.

$6,900.00
(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections Mathias Food Service Equip.

Rubber mat for weight equipment at Prelude.

$ 1,122.00
(2) Health and

General Svcs -

Emergency Medical

Services

Abundance Inc.

800 pr. fire/rescue.

$ 5,100.00
(3) Public Works -

Road Operations

Scotts Roofing.

Labor and materials to repair/replace office roof.

$ 1,536.32
(4) Public Works -

Road Operations

Ringhaver Equip.

Parts and labor to repair Property #10480 and Property #12337.

$ 4,083.49
(5) Public Works -

Road Operations

Southern Machinery.

Repair and install transmission on cat grader Property #7366.

$ 4,186.75
(6) Public Works -

Road Operations

Florida Tire Supply.

20 ton cart with mounted air powered hydraulic jack.

$ 1,650.00
(7) Public Works -

Road Operations

Winter Park Blueprint Co.

Township books and mylars.

$ 2,054.45
(8) Public Works -

Road Operations

Southern Machinery.

1-set top mounted forks for front end loader Property #950.

$ 1,695.00
(9) BCC - Special

Revenues

CDS Computers.

Computer and software.

$ 1,900.00
(4) Encumber Funds Previously Authorized:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Special

Revenue

Ernie Morris.

Furniture to set up new Special Revenue Department. County Bid #003-618-091.

$ 1,124.07
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) BCC - Support Municipal Code Corporation.

Copies of Lake County Code Supplement #8, tabs and dividers.

$ 3,750.50
(2) Health and

General Svcs

EGP.

Maintenance Agreement for 90,000 copies. Property #11100.

$ 1,350.00
(3) Planning and

Development

Henderson Young and Co.

Fixed contract for Consultant Services.

$ 31,200.00
(9) Chairman's Signature




DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Public Works -

Road Operations

John Deere Repair.

Contract for signatures.

$ 45,413.00
(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Health and

General Svcs

Fire District

Roger Facemire.

Approve additional cost to put on new roof as required by insurance company. Board originally approved $2,300.00 for repairs on April 9, 1991.

$ 1,295.00



Bids/Fire Protection



Request to award the bid to the financial institution, for financing the fire equipment.



Contracts, Leases & Agreements/Landfills

Environmental Services



Request for approval of waste collection (septic tank waste) franchise renewals for Craig Septic Service and Griffin Industries.



Municipalities/Roads-County & State/Subdivisions



Request to advertise Road Vacation Petition No. 634, by Cecelia Bonifay, for Howey Subdivision "A", to vacate roads, Howey Subdivision "A", Minneola area.



Municipalities/Roads-County & State/Subdivisions



Request to advertise Road Vacation Petition No. 642, by First Baptist Church of Astor, to vacate portion of street, Astor area, subject to a drainage easement.

Municipalities/Roads-County & State/Subdivisions



Request to advertise Road Vacation Petition No. 643, by Peter McFarlane, for Raymond Moats, to vacate portion of road, plat of "Shenandoah", Leesburg area.



Municipalities/Roads-County & State/Subdivisions



Request to advertise Road Vacation Petition No. 644, by Packing House By-Products Company, to vacate road and tract, Drake Point Park, and to vacate road, both located in Howey-in-the-Hills area.



Municipalities/Roads-County & State/Subdivisions



Request to advertise Road Vacation Petition No. 645, by Pennbrooke Development, to vacate utility easements, Pennbrooke, Phase 1A, and Pennbrooke, Phase 1D.

Deeds/Road Projects



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



For Road Project



C-44, 473, Radio Road Intersection



George D. and Joan L. Gastfield C-44

Willie J. Wright C-44

Christopher Columbus Shaw and

Elvea Delois Shaw C-44



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

CONTRACTS, LEASES & AGREEMENTS/UTILITIES

Mr. Al Thelen, County Manager, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request from Lake Hills Utilities, Inc., to transfer the cablevision system and agreement to Metrovision, Inc.

PLANNING & DEVELOPMENT/STATE AGENCIES

Mr. Al Thelen, County Manager, explained this request.

Mr. Larry Kirch, Director of Planning, appeared before the Board stating that the Department of Community Affairs' (DCA) staff had indicated to him that the Objections, Recommendations, and Comments (ORC) report on the Comprehensive Plan would be available on May 14, 1991; therefore, County staff will pick up said report from DCA on the morning of May 15, 1991, at which time they will hold a staff meeting, and then will meet with DCA that afternoon. He stated County staff will then bring said report back on May 16, 1991, make copies for distribution, and then hope to hold a workshop session with the Board on Monday, May 20, 1991, to go over said report.

It was the consensus of the Board to hold a special workshop meeting on May 20, 1991, from 10:00 a.m. to 12:00 noon, for the purpose of discussing the Objections, Recommendations, and Comments (ORC) report.







CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

LANDFILLS

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request for removal of the moratorium on commercial waste collection franchises.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

LANDFILLS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved a request for authorization to negotiate and execute a contract with R. W. Beck and Associates, to provide "as required" continuing consulting services associated with the operation of the Waste-to-Energy Facility.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

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

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a request for authorization to amend the ERC General Contracting Services, Inc. agreement, for construction of the Astatula Ash Residue Monofill, by a not-to-exceed amount of $14,000.00, to perform additional construction work necessary for the repair of the east evaporation pond liner, and the installation of gas vents beneath the evaporation basins, in order to mitigate the accumulation of methane gas beneath the liners, and to encumber and expend said funds.

PUBLIC HEARING - PLAT VACATION

PETITION NO. 641 - EMERALD GREENS, PHASE II - LEESBURG AREA

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

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board stating that he was requesting vacation of this PUD due to the applicant not complying by the Performance Bonds.

Discussion occurred regarding what the zoning for the plat would become, if the request for vacation is approved - whether or not it would go back to an agricultural zoning, at which time Ms.

Annette Star Lustgarten, County Attorney, stated that the existing zoning is in place forever. She noted that any portion of said property that would be developed in the future would have to be replatted, due to the fact that the present plat is being vacated.

Commr. Gregg suggested that staff flag expiration of bond dates six to nine months in advance, so that if staff has to go out and get bids to make improvements, it would give staff enough time to do so.

Mr. Al Jene, owner of the property in question, appeared before the Board requesting an extension on the bond, due to the present condition of the economy, noting that he would be meeting with some marketing representatives this date and felt he would be able to go on with the development in three to six months.

Ms. Kathleen Taphorn, a neighboring resident, appeared before the Board questioning what would happen to the land once it was vacated, to which Commr. Bakich responded that the property would have to be replatted, before it could be developed.

Discussion continued regarding the matter, at which time the County Attorney, Ms. Lustgarten, suggested the matter be continued to a time certain, possibly two weeks from this date, to allow the developer to post a bond, to insure that there is a performance bond in place, noting that if it is done within the time frame, then the developer could continue with the project - if not, then the Board can approve vacation of the plat.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved to continue this matter at the Board Meeting of May 7, 1991, noting that if the developer has a performance bond by then, to extend the bond, if not, then vacate the plat.

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

It was noted that Mr. Jene would have to submit the performance bond to Mr. Gregg Stubbs, Director of Current Planning, by May 1, 1991.

PUBLIC HEARING

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES/ORDINANCES

Ms. Annette Star Lustgarten, County Attorney, stated the Board had approved advertising of this ordinance last month, noting that it provides for additional service fees for court filing, in order to fund legal services in Lake County. She pointed out proposed amendments to the ordinance, being: on Page 2, Line 19, strike $5.00 and insert $15.00; on Line 21, strike "h" and insert (i); and on Page 3, Line 20, strike "as provided by law" and insert May 15, 1991, as well as a proposed agreement which her office had prepared.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, the Board approved amendments to an ordinance regarding fees for legal aid, as stated by the County Attorney, Ms. Lustgarten.

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

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved and adopted Ordinance No. 1991-6, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE IMPOSITION OF ADDITIONAL SERVICE CHARGES FOR THE FILING OF CIVIL ACTIONS IN THE CIRCUIT COURT AND COUNTY COURT OF LAKE COUNTY, FLORIDA, FOR THE PURPOSES OF PROVIDING LEGAL SERVICES TO INDIGENTS IN LAKE COUNTY, FLORIDA; PROVIDING FOR THE SERVICE CHARGES; PROVIDING FOR USE OF THE SERVICE CHARGES; PROVIDING FOR AN ANNUAL AUDIT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.



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



On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board approved an agreement between Lake County and the Greater Orlando Area Legal Services, Inc., from May 1, 1991 through April 30, 1992, with an annual renewal, subject to approval by the Board of County Commissioners, noting that the agreement provides that the County shall provide funds, as approved in the ordinance, and that the legal services firm submit quarterly reports, and an annual auditor report, to the Board of County

Commissioners, as well as a copy of same to the Clerk of Circuit Court.

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

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

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved a request to advertise for bids for Project No. 16-91, Ocala Street and Orange Avenue (Umatilla) Widening & Resurfacing, at an estimated cost of $225,000.00, District 5 (Impact Fees).

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

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved a request to advertise for bids for Project No. 17-92, Lakeshore Drive, Clermont, Reconstruction Lump Sum Project, at an estimated cost of $230,000.00, District 3 (Impact Fees).

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

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board approved a request to advertise for bids for Project No. 18-91, SR-19/C-445 Intersection Improvement Lump Sum Project, at an estimated cost of $50,000.00, District 5 (Impact Fees).

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







ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved a request to advertise for bids for Project No. 19-91, Twin Lakes Blvd. (5-5836); Haines Creek Road

(5-5837); and Cypress Road (5-5935), at an estimated cost of $164,000.00, District 5 (County Transportation Trust Fund).

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

ACCOUNTS ALLOWED/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, explained this request, noting that it was an addendum to the County Manager's Departmental Business portion of the Board Agenda.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved a request to award and authorize Project No. 8-91, South Em-En-El Grove Road and Thomas Boat Landing Road, to Trac Roadbuilders, Inc., and to encumber and expend funds, in the amount of $234,321.00.

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

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board approved the following requests, which were submitted as an addendum to the County Manager's Consent Agenda:

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

Administrative Services-Budget/Contracts, Leases & Agreements

Pollution Control



Request to execute maintenance agreements with Delta Business Systems, for copiers in the Pollution Control and Administrative Support Divisions.



Bids/Landfills/Fire Protection



Request for approval of bid specifications, and authorization to go out for bid on the printing and stuffing of the first class notices, on the fire and solid waste assessments.



Budget Transfers/Funds



Request approval of transfer of funds in the Fire and Landfill Funds, under the Special Revenue Division, as follows: Transfer $1,182.00 from Salaries to Machinery & Equipment, and $11,000.00 from Office Supplies to Contractual Services. Total amount of budget transfer - $24,364.00.



RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would take a five minute recess, to prepare for Student Government Day. Commr. Swartz returned to the meeting.

STUDENT GOVERNMENT DAY

At this time, the commissioners exchanged places with students who had been assigned to them, for the day, from the Lake County School System, who participated in a mock Road Vacation request (Petition No. 618, regarding public access to Lake Lulu). The students acted as the Board of County Commissioners, and the County Attorney, as well as several department heads, acted as the general public, in favor of, and, in opposition to, said request.

At the end of the mock Board Meeting, Mr. Jim Stivender, Director of Public Works, explained what the official Board of County Commissioners had approved at the real Road Vacation request which had come before the Board several months ago. It was noted that the students had come up with almost the same results that the Board had previously.

At 11:30 a.m., the Chairman adjourned the Student Government portion of the Board Meeting, at which time the students were thanked for participating in same.

COUNTY ATTORNEY'S MATTERS

SUITS AFFECTING THE COUNTY/COMMISSIONERS

Ms. Annette Star Lustgarten, County Attorney, stated that, regarding a trial involving Commr. Gregg's abstention from voting in matters related to Mr. F. Browne Gregg (Commr. Gregg's uncle), the court directed Commr. Gregg to vote on matters regarding Mr. F. Browne Gregg, unless he, personally, would gain from the vote; however, she noted that the order has not yet been issued. She stated that, upon receipt of the order, she will review it and report back to the Board, within the 30 day time frame, for a decision of whether or not to appeal it, due to the fact that it has broader implications than just Commr. Gregg.



CODE ENFORCEMENT/MUNICIPALITIES

Ms. Annette Star Lustgarten, County Attorney, updated the Board regarding the Dr. Aker property in Sorrento, noting that she had advised the Board, earlier, that the matter was going back to the Code Enforcement Board, at staff's request, to ask for a rehearing. She stated the matter had been considered by the Code Enforcement Board last week, at which time they denied the request for a rehearing. She stated that the administration will be reviewing that decision and coming back to the Board, at a later date, with a further update and, perhaps, some recommended action.

CODE ENFORCEMENT/ZONING

Commr. Swartz questioned the County Attorney, Ms. Lustgarten, as to whether she would be coming back to the Board with an update regarding the hog farm which, also, had gone before the Code Enforcement Board, to which she responded that she would, noting that a meeting had been scheduled regarding that matter.

COMMISSIONERS' BUSINESS

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Leon County for $959.42, to cover Lake County's share of a current lawsuit involving the two counties. Said funds to be paid from the County Transportation Trust Fund.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ORDINANCES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Ms. Jean Kaminski to the Sign Ordinance Committee. It was noted that this appointment brings the number of members to five; however, the Board hopes to reach a total of nine, altogether.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/BUILDING COMMITTEE

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the reappointments of Mr. Charles Jones, Certified General Contractor, and Mr. William "Bill"

Lawson, Master Plumber, to the Board of Building Examiners, with their terms to expire January 14, 1995.

Commr. Gregg noted that Mr. Clell Coleman and Mr. Ralph Cone do not wish to continue to serve on said committee.

EDUCATION/GRANTS/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a resolution replacing Teleois Ministries with the School Board, as the coordinating agency for the Drug Grant, and authorized the Chairman to sign a letter of membership and support for the development and implementation of the coalition for drug education and prevention in Lake County.

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution condemning racial hate crimes in Lake County.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ORDINANCES

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the appointment of Ms. Marilyn George, from District III, to the Sign Ordinance Committee.

BIDS/FIRE PROTECTION

Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board stating that, as a result of the bidding on the Plantation Fire Station a month ago, which ranged from $160,000.00 to $190,000.00, staff took another look at the bid package and put the project back out for bid. He stated the bids came back, with a base of $121,000.00; however, by the time impact fees and other costs were added, it came up to approximately $130,000.00. He stated they have gone over it with Mr. Lonnie Strickland, Director of Health and General Services, who is presently in the process of identifying his budget costs, concerning the matter, noting that he felt staff would be back at the May 7, 1991, Board Meeting, with a recommendation to go ahead with the selection, at that time.

No action was needed at this time.

RECESS & REASSEMBLY

At 11:45 a.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m., for Rezoning. At this time, it was noted that the students who had participated in Student Government Day would be taken on a tour of the Prelude Project and treated to a box lunch at the New Courthouse.

REZONING

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved a request to withdraw the following case:

#20-91-5 Karl Thurnhoffer

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a request for a 30 day postponement of the following cases, until the Board Meeting of May 21, 1991:

#30-91-3 Cherry Lake Farms, Trust

#26-91-5 Shangri-La By the Lake

PUBLIC HEARINGS

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and explained each of the Rezoning cases before they were heard.

PETITION NO. 2-91-3 A TO PUD TONY ROPER

Discussion occurred regarding a request by Mr. John Knight, of Glengarry Lakes PUD, to rehear the case.

Commrs. Bakich, Swartz, and Bailey stated they could not support rehearing the case.

Commr. Hanson stated she voted against the subdivision, previously, due to the fact that the interlocal agreements were not in place. She stated that, if it can be shown that the interlocal agreements are in place so that Orange County will handle the services that will be provided to this subdivision, then she would vote to rehear the case.

Commr. Gregg stated he was in the minority the last time this matter was discussed, and voted on, however, did not have a problem with discussing the case again.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board denied a request to rehear Case No. 2-91-3, Glengarry Lakes PUD.

Commrs. Gregg and Hanson voted "No".

PETITION CUP#91/3/1-4 CUP IN A JIM L. WELLS

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

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 denied, without prejudice, a request for a CUP in A (Agricultural), with fees to be refunded to the applicant, since the CUP was not necessary.

PETITION NO. 21-91-3 A TO ER LEO P. GREEN

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

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

PETITION NO. 29-91-3 A TO RE CHERRY LAKE FARMS, INC.

Mr. Steve Richey, Attorney, appeared before the Board, representing the applicant, and distributed a map indicating the property in question (which works out to be approximately 40 three-quarter acre lots). He stated it was his understanding that, when the case came before the Board, the entire package was being requested to be rezoned to half-acre lots, and there was some concern with this. He stated this property cannot easily accommodate a PUD, thus, half of the property was deleted from the zoning case this date. He stated the request before the Board only concerns the piece of property that his client presently has control over, which is the 40 acres being requested to go to three

quarter acre lots. He requested the Board to approve this request, due to the fact that it is a low density development.

Ms. Cecelia Bonifay, Attorney, appeared before the Board representing an adjacent land owner to the property in question. She stated she was not appearing in opposition, but, rather, to go on record as looking ahead at development in this area, and what they feel are going to be capacity problems in the transportation network for the area. She stated they feel that, while this request is compatible with the existing land use plan that is in effect in Lake County, given the nature of this particular roadway, and the future development of this area, that they are going to see capacity problems. She stated her client's concern is more of one of capacity, and infrastructure, in the area, looking toward concurrency management, and the requirements that are going to be placed on other landowners, if they are not the first one in with development.

Commr. Swartz stated why he could not support this request.

Further discussion occurred regarding this case, at which time a comparison was made between this case and a similar case which had come before the Board, at an earlier date.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to RE (Rural Estates), as amended, utilizing the map that was submitted with the application and specifying the property as "Parcel A", for single-family residential development.

Commrs. Swartz and Bakich voted "No".

PETITION NO. 22-91-3 A TO R-1-15 LUCY T. LARUE, ET AL

Mr. Mike Evans, one of the property owners of the property in question, appeared before the Board stating that this request was for the purpose of straightening up property lines.

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

from A (Agricultural) to R-1-15 (Residential Estates), for the development of two (2) homesites on "Parcel D".

PETITION NO. 2A-89-4 ONE YEAR EXTENSION OF PRELIMINARY PUD

MAGNOLIA ISLAND PUD

Mr. Bruce Phillips, Springstead Engineering, representing the petitioner, appeared before the Board to answer questions presented by the Board.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission, and approved a request for a one (1) year extension of an approved preliminary PUD (Ord#49-89) Magnolia Island PUD, for single-family residential development.

It was noted, for the record, that this was the applicant's first request for a one year extension.

PETITION NO. 28-91-3 RR TO R-1-15 CLERMONT TRUST

Mr. Clarence Papetti, the owner of six (6) acres along Lakeshore Drive, appeared before the Board, in opposition, questioning how many homes will be allowed, per acre, if this request is approved. He stated he, and several of his neighbors who are also in opposition to this request, own twenty-eight (28) acres between them on Lake Minnehaha. He requested the Board to leave the zoning at one home per acre, or, at the very most, one-half acre lots. He stated if they must change it, due to the matter of septic tanks being involved, to only allow two homes per acre. He stated the septic tanks that are presently in place are leaking down the hill into Lake Minnehaha; therefore, until they put in central sewage, to not allow any more septic tanks, unless it is one home per acre.

Mr. Dave Clapsaddle, representing Clermont Trust, appeared before the Board stating that they would probably not be able to put in more than 40 to 43 lots on the site, by the configuration of it, and due to the drainage and retention rules the developer is going to have to meet; thus, the density will probably be less than one unit per two acres. As far as the access problem is concerned,

he stated his client has direct access to Lake Louisa Road, and as they go back to the platting process, his client can look into obtaining access to Anderson Hill Road, by going through the subdivision.

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

PETITION NO. 31-91-2 A TO AR DONALD BRONSON, TRUST

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

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

Commr. Swartz voted "No", stating that he felt the appropriate zoning for this request would be a PUD.

PETITION CUP#91/3/3-3 CUP IN A STEPHEN CARPENTER

Ms. Randy Fitzgerald, Attorney, representing the applicant, appeared before the Board and informed them of how gentle the elephant involved with this request is, as well as a brief description of the performance which is given, using the elephant.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), for the keeping of a trained "Indian" elephant named Dondi.

PETITION NO. 27-91-2 R-1-7 TO R-1-5 OR RM BENNY WELLS

Mr. Darrell Hodges, the owner of several lots adjacent to the one in question, appeared before the Board stating he was not in opposition to this request, as he planned to have his own lots rezoned in this same fashion.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential), for placement of a mobile home on the site.

PETITION NO. 25-91-5 A TO R-1-5 MARIAN F. MCKINNEY

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

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential), for the development of two (2) mobile home lots.

PETITION NO. 24-91-5 A TO CP WITH C-1 USES EICHELBERGER LAND TRUST C/O ROBERT J. EICHELBERGER

Mr. Glen Tyre, representing the applicant, appeared before the Board stating that his client would like to go back to the original request of CP, with C-1 uses, noting that it would be compatible with what the City of Eustis has planned for the property in question, in their Comprehensive Plan.

A brief discussion occurred regarding this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) uses, rather than CP without C-1 uses, as the Planning and Zoning Commission had required, with a stipulation that the applicant submit a site plan before the Planning and Zoning Commission, when the specific type of commercial use is determined.

Commr. Swartz voted "No".

PETITION NO. 23-91-5 RR TO CP WITH C-1 & C-2 USES

WILLIAM H. SHREWSBURG

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board stating that the Planning and Zoning

Commission had approved this project and the site plan which was proposed, indicating mini-warehouses, and the ability to place a 6,350 ft. building on it, at some future date. He stated his client took the 58 commercial uses, that are allowed in C-1 and C-2 uses, and deleted all but 21 of them, to allow some utilization of this piece of property. He stated it is a unique piece of property.

Commr. Gregg stated he would like to see the access, to any mini-warehouses that might be constructed on the property, be done in a way so that the units face inside, with a driveway in between them - not facing outward.

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 a request for rezoning from RR (Rural Residential) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) & C-2 (Community Commercial) uses, including the exclusions of uses not permitted within C-1 or C-2 zoning district, as follows: Exclude: Retail food and beverages; service station; hotel and motel; theaters and bowling alley; mobile home sales; travel trailer park; ice plant; lumberyard; moving van lines; restaurant; taverns, bars and lounges; ice cream manufacturing; recreation area; industrial medical facilities; retail feed, drug store, variety store, automatic self-service car wash, occult science, adult stores nor public buildings, with a stipulation that the mini-warehouses be internalized.

PETITION NO. 175A-84-3 AMEND MP ORD. #11-85 FLORIDA MINING & MATERIALS CONCRETE CORPORATION

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board to address the issue of the hours of operation, and noise generated by the plant. He stated that Mr. Carl Ludecke, who owns acreage (28 acres) west of the property in question, had submitted a letter (for the record) stating that he was not opposed to the change in the operating hours of the plant.

He stated that Code Enforcement had received complaints with regard to the operating hours, and the fact that the plant was running earlier than 6:30 a.m. He stated that, in going through the Code Enforcement file, and meeting with the Code Enforcement officer who investigated the complaint, found that the noise that was generated from the site, during those early hours, was not from the batch plant, itself, but felt that it was probably generated from the trucks which bring in the sand and concrete, which is later mixed.

He stated that what the Planning and Zoning Commission did was allow the running of the part of the plant which makes the least amount of noise, which is the batch plant, and disallowed them from having delivery trucks coming into the plant before 7:00 a.m. He stated the plant had a lot of other concerns and complaints that were dealt with, and it was his understanding, in talking with Code Enforcement, that the only area that remains to be a problem has to do with the operating hours of the plant.

Ms. Glenda Mahaney, the owner of the Night Star Lounge, in Tavares, which is across the street from the property in question, appeared before the Board stating that she felt her business has been treated unfairly, all along, regarding this plant, noting that no action has been taken on any of the complaints she has filed over the years. She stated they have trespassed onto her property, on several occasions, and she complained about the noise generated by the plant. She stated that almost everything on the applicant's CUP has been, and is presently being, violated, at which time she alluded to said violations. She then answered questions presented by the Board.

Ms. Barbara Carter, who lives within 250 to 300 feet of the plant, appeared before the Board, in opposition, stating that her family is disturbed every day by the noise generated from the plant. She stated the applicant has no intention, whatsoever, of abiding by the rules and regulations of the conditions that were set down for them, of which they agreed to. She stated they start the plant up earlier and earlier, noting that she and her neighbors

have complained on numerous occasions. She stated, for a few days after the plant management has been talked to, by Code Enforcement, they abide by the rules; however, after a short period of time, they start the plant up at their usual time again. She noted the homes in the area of the plant range from $80,000.00 to $250,000.00, and stated that she did not feel the residents should have to put up with the aggravation.

Mr. Jack Swain, who, along with some partners, own six lots adjacent to the plant, appeared before the Board, in opposition, also complaining about the noise factor and requested the Board not to approve the change in hours of operation.

Ms. Mary Ann Blaubach, who lives close to the plant, appeared before the Board, in opposition, complaining about the noise pollution, stating that there are several other businesses in the area that already generate noise, and that she felt there was enough noise generated by them, without the noise generated from this plant being added to it.

Mr. Charles Bammesberger, appeared before the Board, in opposition, stating that he was concerned about the safety of the school children from the concrete trucks which travel down the roads.

Ms. Carter commented further, from the audience, regarding the matter of the hours of operation.

Mr. Steve Richey, Attorney, reappeared before the Board and responded to several comments made by the various individuals who appeared, in opposition. He then requested a 30 day postponement, to allow an investigation of the noise alluded to by the residents, and come back to the Board, or, to try the system the Planning and Zoning Commission proposed, noting that either one of them is acceptable to his client. He stated that one of the reasons the plant is starting up earlier than usual is to haul concrete to the New Jail project, which he noted is not going to be a forever thing.

Ms. Mary Ann Blaubach, questioned (from the audience) whether the concrete plant was considered light manufacturing, to which Mr. Richey replied that it was not, that the plant was zoned planned industrial, which is a different matter.

Commr. Hanson stated she would feel more comfortable with a 30 day postponement, to allow her to go out and actually look at the site, and find out exactly where the noises are coming from. She stated it sounds like there are a lot more problems that are not being addressed, that need to be.

Commr. Gregg requested the applicant to try and not bring on-site deliveries until after 7:00 a.m., and see if it helps to alleviate some of the problems.

Commr. Bakich stated he was in favor of a 30 day extension.

Commr. Swartz stated he felt this facility should come into compliance with the existing CUP, and after it comes into compliance, and the citizens find that they are not being awakened by the noises, then the Board can take a look at whether or not conditional requirements that would keep the trucks out of the plant until after 7:00 a.m. might work, but, he stated what bothers him is that the residents are present because of code violations, and apparently repeated violations - not just for noise, but for other issues. He stated the irritants should be eliminated, and then, after six months, have the case come back before the Board.

Commr. Bailey stated he, too, was in favor of a 30 day postponement.

Commr. Bakich directed staff to let the Board know what parts of the present ordinance the applicant is, and is not, adhering to.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved to postpone this case for 30 days, with staff to come back with all the code violations, of the current operation, on May 21, 1991, to be discussed at the beginning of the Rezoning portion of the meeting.

Commr. Swartz voted "No".

PETITION NO. 98D-84-4 ONE YEAR EXTENSION OF APPROVED PRELIMINARY PUD ORD.#48-89 CONWAY D. KITTREDGE

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board stating that her client had originally requested both an extension, and an amendment, noting that, because the PUD was originally approved several years ago, it was in place before the market was there, and needed to be brought into compliance with current requirements. She stated the market is such that this would be a viable development, if they get the PUD extension. She stated when it went before the Planning and Zoning Commission, although her client had requested both an extension, and an amendment, it had only been advertised for an extension, not for the amendment, so the Planning and Zoning Commission could only vote on the actual extension. She stated the Planning and Zoning Commission felt it would be more fair to the applicant to go ahead and determine, one way or the other, whether they would be given an extension, rather than have them go through the amendment process, only to find out that they did not want to grant that. She stated her client was asking for a one year extension, with the understanding that they will be back with an amendment that would cover the areas of concern, noting that the job could probably be done in four to six months.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a fourth (4th) one-year extension of an approved preliminary PUD, subject to the proper advertisement of submitted amendments to the PUD, to bring it more in compliance with current County requirements.

Commr. Swartz voted "No".

ACCOUNTS ALLOWED/COURTHOUSE

Mr. Chuck Pula, Parks and Facilities Division Director, and Mr. Frank Woodson, Building Maintenance Supervisor, appeared before the Board requesting emergency funding (in the amount of $38,490.00) for furnishing and installing a Carrier model chiller

for the Old Courthouse, to be purchased from Lake Plumbing, Inc., due to the fact that half of the present system is down and operating at 50% capacity. It was noted that the system is 19 years old, and at any time, could go completely down. They also requested approval of a four year extended warranty on the compressors, for an additional cost of $1,840.00. Due to Lake Plumbing being the sole source, they requested a waiver of the requirement that it be competitively bid.

On a motion of Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board declared an emergency situation and approved a request for funding, in the amount of $38,490.00, in order to purchase a Carrier model chiller for the Old Courthouse, from Lake Plumbing (sole source), as well as the purchase of an extended warranty (four years) on the compressors, for an additional cost of $1,840.00.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved authorization to transfer the funds alluded to above, for purposes alluded to, from the Repairs Account to the Capital Account.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:10 p.m.



___________________________

DONALD B. BAILEY, CHAIRMAN



ATTEST:







_____________________________

JAMES C. WATKINS, CLERK



SEC/4-16-91/4-26-91.BOARDMIN