The Lake County Board of County Commissioners met in regular session on Tuesday, May 21, 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; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Deputy Clerk.

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

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 135409 through Warrant No. 135705, for the following accounts:

Countywide Fire District Landfills

General Revenue County Transportation Trust

Mosquito Control Capital Outlay

Northwest Fire District Bassville Fire District

Law Library Northeast Hospital

Private Industry Council Countywide Library

Pasco Fire District Resort & Development Fund Tax

Commissary Trust Fund Paisley Fire District

Mt. Plymouth Fire District Aquatic Weed

Animal Shelter Trust Fund Road Impact

Revenue Sharing Miscellaneous/Gas Fund

Northeast Ambulance Northwest Ambulance

Accounts Allowed/Subdivisions

Request to approve Satisfaction of Assessment Liens, as follows:

Mount Plymouth Subdivision

Fred A. & Elke B. Forbes $550.56

Fred A. & Elke B. Forbes $550.56

Fred A. & Elke B. Forbes $550.56

Astor Forest Campsites

Mike T. Phelps & Emily Rit $2,259.76

Thomas W. & Gladys V. Reedy 0

Richard & Cheryl H. Barnes $1,395.08

Ellen Marion Holmes $1,363.91

David A Groh $1,471.29

Ralph J. & Garnet H. Cline $1,451.14

Paula Moscato & William Hippentiel $1,400.74

Reece M. Thomas, Jr. 0

Reece M. Thomas, Jr. 0

Bernice Wheeler 0

Kathleen P. Martin $1,944.21

A. M. Collins, Jr. 0

Florida Fruitland Park Tropical Homesites

Milford M. & Hazel W. Higginbotham $1,372.21

Jeanne Marie Simmons $1,311.51

CLERK'S OTHER BUSINESS

CLERK/COMMITTEES

Mr. James C. Watkins, Clerk of Circuit Court, gave a brief report on "Project Appreciation" and the reception and parade, held on May 17-18, 1991, honoring the men and women from Lake County, who have served their country in the armed forces, as part of Operation Desert Storm.

Mr. Watkins presented a request for the unanticipated cost of $551.25 for insurance, which was required by the contractor, for installation of the bleachers.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization for payment of insurance, in the amount of $551.25, from the appropriate fund.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Bakich, seconded by Commr. Gregg and

carried unanimously, the Board approved the following requests:

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.

The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.

Accounts Allowed/Contracts, Leases & Agreements/Private Industry Council

Request approval of renewal of lease of office space for the Private Industry Council, in the amount of $30,427.06, from May 1, 1991 through September 30, 1993, and authorized proper signatures on same.

Accounts Allowed/Insurance

Request authorization of payment of four Orlando Regional Medical Center inpatient claims under the Health Care Responsibility Act, in the amount of $34,639.00.

Accounts Allowed/Health & General Services

Request authorization of payment for the monthly Medicaid Nursing Home bill for the month of March, in the amount of $33,131.00, and the Medicaid Hospital bill, in the amount of $42,877.61.

Resolution/County Manager

Request approval and signature on a resolution delegating powers to the County Manager in case of an emergency, and for approval to publish Change 3 to the Lake County Peacetime Emergency Plan (PEP).

Planning & Development/Subdivisions

Request for preliminary approval of Pine Island Estates. (7 lots in District 2)

Accounts Allowed/Planning & Development/Subdivisions

Request to release an Irrevocable Letter of Credit, in the amount of $65,000.00 for performance of Waterwood Patio Homes, Phase II. (19 Units in District 2)

Subdivisions/Planning & Development

Request for preliminary approval of Maxwell Park. (19 Lots in District 2)

Subdivisions/Planning & Development

Request for preliminary approval of Plantation At Leesburg, POD T. (Additional 78 lots in District 2)

Subdivision/Planning & Development

Request for preliminary approval of Plantation At Leesburg, POD V. (Additional 85 lots in District 2)

Accounts Allowed/Bonds

Request consideration of a release of Reclamation Surety Bond No. 3-951-934, in the amount of $10,000.00 (CUP # 385F-3); and replace with Surety Bond No. 4-41695954, in the amount of $10,000.00.

Bonds/Subdivisions/Planning & Development

Request for final approval of Fairview Estates and accept a performance bond, in the amount of $100,000.00.

Deeds/Right-of-Ways, Road and Easements

Request to accept the following Quit-Claim Deed:

Frank & Lillian M. Manfreda - Tenth Street #5-8898C

Deeds

Request to accept the following Statutory Warranty Deed:

Abraham Allen & Rachel L. Allen - Micro Racetrack Road  #1-5603.

Road Closings - Permission to Advertise

1. Request to advertise Road Vacation Petition No. 639 by Frank and Carol Banning and Henry and Doris Mitchem to vacate park, Lake Ella Subdivision, District 1.

2. Request to advertise Road Vacation Petition No. 646 by Samuel H. Stafford, Jr. to vacate right-of-way, Eustis area, District 4.

3. Request to advertise Road Vacation Petition No. 647 by William and Maria Rutledge to vacate road, Monte Vista Park Farms, Clermont area, District 3.

4. Request to advertise Road Vacation Petition No. 648 by Robert R. Cyrus for Charles and Muriel Sendelbach to vacate roads, Yalaha area, District 2.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/RESOLUTIONS/LANDFILLS

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to amend the resolution on the Landfill Enterprise Fund, to repeal and enact the unanticipated revenue, in the amount of $8,633.00.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PERSONNEL

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request for appointment of Mr. Craig Scott to the Personnel Committee, to fill the Non-Supervisory Category.

ACCOUNTS ALLOWED

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to establish a Petty Cash Fund for the Board Office, in the amount of $100.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for signature on First Amendment to Support Unit Agreement between the Board of County Commissioners and Computer Library Services, Inc. (CLSI), extending the Agreement for one year to May 31, 1992, and encumber funds for repair and maintenance of computers and terminals, in the amount of $6,345.00.

COUNTY PROPERTY/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board to explain this request.

Mr. Greg Beliveau, The Land Planning Group, appeared before the Board to review changes that have been made to the industrial site at Highway 19/27 and the Turnpike, at which time, discussion occurred regarding water retention, and the endangered species identified by the Environmental Analysis.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the revised site plan for the County-owned property at Highway 19/27 and the Turnpike.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Ms. Teresa Dunham, Director of Housing, appeared before the Board to present the request from Section 8 Housing for extending the term of the Amended Annual Contributions Contract (ACC) to September 30, 1991.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request from Section 8 Housing for extending the term of the Amended Annual Contributions Contract to September 1991, to reflect the additional funding of $21,271.00, subject to final review by the County Attorney's office.

CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS/PLANNING &

DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the request for an agreement between Lake County and Pierre and Denise Grimm for one building permit, to be issued in Skiing Paradise, Phase II.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to execute an agreement between Lake County and Pierre and Denise Grimm for one building permit, to be issued in Skiing Paradise, Phase II, prior to final plat approval, and subject to review, prior to issuing the building permit, to determine that it is not in a location that will cause a problem with the future review of water retention and site plan approvals.

Commr. Bakich was absent for the vote.

SUBDIVISIONS/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to explain this request.

Mr. Sandy Minkoff, representing Pringle Development, Inc., appeared before the Board requesting that Pringle Development be allowed to begin construction on Phase I-B of Highland Lakes prior to the formal approval of the preliminary plat approval. Mr. Minkoff stated that, at the time of the approval of Phase I-A, Pringle Development submitted a plan, which they thought contained both Phase I-A and Phase I-B, when, in fact, they were applying for Phase I-A only. Mr. Minkoff stated construction plans have been prepared for Phase I-B and submitted to the various construction agencies, with contracts scheduled to begin construction this week. Mr. Minkoff stated that it was discovered last week that they did not have preliminary approval, and were not entitled to begin construction.

Mr. Minkoff further stated that he would like authorization to begin construction of Phase I-B, before preliminary plat approval has been obtained, with the understanding that all construction

will be carried out at their own risk, and Pringle Development will be responsible to make any improvements necessary in accordance with the final approved plans.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request that Pringle Development, Inc. be allowed to begin construction on the roads, utilities and drainage improvements for Phase I-B, of Highland Lakes, prior to the formal approval of the preliminary plat, subject to the entry of an agreement with the County, to be prepared by the County Attorney, indicating that Pringle Development understands construction will be done at their own risk.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise for bids for Project No. 20-91, #2-1712 Underpass Road "Part" Construction Lump Sum, at an estimated cost of $100,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise for bids for C-455 Intersection Reconstruction "Montverde" Lump Sum Project No. 21-91, at an estimated cost of $95,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise for bids for Project No. 22-91, C-466A Picciola Road Resurfacing, at an estimated cost of $90,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to award and authorize Project No. 10-91, #2-0729/#3-0729 Florida Boys Ranch Road, to TRAC Roadbuilders, Inc., and to encumber and expend funds, in the amount of $174,563.30.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award and authorize Project No. 14-91, C-44/C-473/Radio Road Intersection Improvement Lump Sum Project, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $130,113.78.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to award and authorize Project No. 15-91, C-561 Widening and Resurfacing, to TRAC Roadbuilders, Inc., and to encumber and expend funds, in the amount of $268,761.30, subject to approval of the School Board funds.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award and authorize Project No. 16-91, Ocala Street and Orange Avenue, in Umatilla, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $76,738.26.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to award and authorize Project No. 17-91, Lakeshore Drive in Clermont Reconstruction project, to Paquette Paving Company, Inc., and to encumber and expend funds, in the amount of $158,710.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award and authorize Project No. 18-91, SR-19/C-445 Intersection Improvement, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $18,986.09.

ACCOUNTS ALLOWED/BIDS/OUTDOOR RECREATION

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to award and authorize Project No. R-6 "Part A", Tavares Recreation Park Parking Improvement Project to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $201,893.00.

ACCOUNTS ALLOWED/BIDS/OUTDOOR RECREATION

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award and authorize Project No. R-6 "Part B", Tavares Recreation Park Dock Project, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $26,268.00.

ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, appeared before the Board, to present the request for approval of an exchange of property for the purpose of moving Ranch Road #3-2854 from its present 50 foot wide right-of-way, adjacent to property owned by

Mr. Carroll Ward, to a 66 foot wide non-exclusive easement across Mr. Ward's property.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise to declare property surplus and exchange for easement, subject to review of all right-of-way deeds prior to exchange of property.

CONTRACTS, LEASES & AGREEMENTS/BONDS

Ms. Eleanor Anderson, Executive Director of Management/Budget, appeared before the Board to explain the request to execute an agreement with Financial Guaranty Insurance Company (FGIC) for substitution of insurance for Infrastructure Sales Tax Bond Issue, series 1987.

Ms. Anderson stated that the Board had given previous approval for Public Financial Management to proceed to seek insurance coverage for the $3,884,000.00 reserve, in order to free up this amount to go into the construction fund.

Ms. Annette Star Lustgarten, County Attorney, stated this commitment has been prepared, and is ready for the Chairman's signature today.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for approval and authorization to execute an agreement with Financial Guaranty Insurance Company, for substitution of insurance for Infrastructure Sales Tax Bond Issue, Series 1987.

ACCOUNTS ALLOWED/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to purchase slotted metal corrugated drain pipe, at an estimated cost not to exceed $1,500.00, and encumber and expend funds.

MUNICIPALITIES/ZONING/CAPITAL IMPROVEMENTS

Mr. Mike Anderson, Capital Improvements Director, appeared before the Board to explain this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to petition to the City of Tavares, for rezoning/annexation of the Woodlea Road Health Clinic into the City.

COUNTY ATTORNEY'S BUSINESS

CODE ENFORCEMENT

Ms. Annette Star Lustgarten, County Attorney, informed the Board (for informational purposes) that, after review of the Code Enforcement Board order regarding the Dr. Kenneth Acre property, it is the recommendation of the County Attorney's office not to appeal the order of the Code Enforcement Board, at this time.

Ms. Lustgarten stated that the Brady's, the adjacent property owners, have filed a petition in Circuit Court, and the result of this petition is pending. Ms. Lustgarten advised the Board that if the Court determines that the Brady's are a valid party, and do have standing, she will then advise the Board to appeal.

COMMISSIONERS

Ms. Annette Star Lustgarten, County Attorney, informed the Board (for informational purposes) of the Court order directing Commr. Gregg to vote on matters where his uncle is a party.

Ms. Lustgarten stated that, at this time, she is not advising the Board to appeal the decision of the Court.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

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

APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the reappointment of Mr. Rick Weber, to fill the Contractor category, and Mr. Ted Wyatt, to fill the Businessman category, to the Code Enforcement Board, with their terms to expire October 31, 1993.

PUBLIC HEARINGS

PETITION NO. 643 - Howey Subdivision "A" - Minneola Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

Ms. Cecelia Bonifay, Attorney, representing a number of property owners who live in the Howey Subdivision "A", appeared before the Board, stating her clients have purchased property with the intent to build homes on their property, but they can not obtain building permits because of double frontage lots, due to problems when Debbie Lane was created.

Ms. Bonifay stated that her clients are asking that the Board accept all of the right-of-way deeds that are listed, with the understanding that there is one deed outstanding, and they will vacate the two roads indicated.

Mr. Steve Smith, property owner in Howey Subdivision "A", appeared before the Board in opposition to this request. Mr. Smith expressed his concern regarding access to his property; at which time, staff pointed out there would be adequate access to his property.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Petition No. 634, by Cecelia Bonifay, representing Howey Subdivision "A", to vacate roads, Howey Subdivision "A", Minneola area, as advertised.

ASSESSMENTS/DEEDS/RIGHT-OF-WAYS, ROAD AND EASEMENTS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to accept the following right-of-way deeds:

Donald J. & Gerty S. Mika - Griffin View Drive - #1-7212

Proposed Special Assessment in Howey Subdivision "A"

John H. & Thelma McCormick

Wilbert Z. & Bernice Dynott

James R. & Mary Lou Tyre

David M. & Patricia J. Malley

James G. & Renee A. Stearns

John Piel & Betty Piel

Kenneth R. Heimberger

Keith E. & Carol Dildine

Edward C. & Brenda L. Sattesahn

Richard J. & Rebecca W. Bonenfant

Ernest C. & Candace L. Wragg

John & Mildred M. Wragg

Valete Hopkins & Darrel S. Dykehouse

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to advertise for bids for Project #SA-72, Howey Subdivision "A", at an estimated cost of $46,053.00, subject to receiving one additional deed.

PETITION NO. 642 - First Baptist Church of Astor - Astor Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

Mr. Gary Washburn, Pastor, representing the First Baptist Church of Astor, was present in the audience to answer questions presented by the Board.

No one appeared in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved Petition No. 642, First Baptist Church of Astor, to vacate portion of street, plat of the town of Astor, Astor area, as advertised.

PETITION NO. 643 - Peter McFarlane for Raymond Moats - Leesburg Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

No one appeared in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved Petition No. 643, Peter McFarlane for Raymond Moats, to vacate portion of road and tract, plat of "Shenandoah", Leesburg area, as advertised.

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

PETITION NO. 644 - Packing House By-Products Company, Thomas P. Line - Howey-in-the-Hills Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

The applicant was present in the audience to answer questions presented by the Board.

No one appeared in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Petition No. 644, Packing House By-Products Company, Thomas P. Line, to vacate road and tract, Drake Point Park, and vacate road, Howey-in-the-Hills area, as advertised.

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

PETITION NO. 645 - Pennbrooke Development - Leesburg Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

No one appeared in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved Petition No. 645, Pennbrooke Development, to vacate utility easement, Pennbrooke Phase 1A, Pennbrooke, Phase 1D, Leesburg area, as advertised.

PETITION NO. 650 - Richard Langley, Esquire for John Day, President, Green Swamp Groves - Clermont Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain this request.

No one appeared in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Petition No. 650, Richard Langley, Esquire for John Day, President, Green Swamp Groves, to vacate roads and tracts, Clermont Farms Subdivision, Clermont area, as advertised.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/HEALTH & GENERAL

SERVICES

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the appointments of Ms. Katherine England, District 2; Mr. Jim Hill, District 1; Ms. Carol Schneider, District 4; Mr. Fred Colvard, District 5; Ms. Debbie Stivender, District 3; with their terms to expire May 20, 1993; and

the appointment of Mr. J. Nevin Thompson, to fill the unincorporated area category, with term to expire May 20, 1992, to the Parks and Recreation Advisory Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL SERVICES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the appointments of Mr. Bill Herlong, Agricultural; Mr. Bernie Yokel, Environmental; Mr. Don Miller, Business; Mr. James Driscoll, Retired; and Mr. Dale Ladd, Development, to the Advisory Committee for the Acquisition of Sensitive Lands, with all terms to expire May 20, 1992.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ENVIRONMENTAL SERVICES

Discussion occurred regarding appointments to the Natural Resources Advisory Committee; at which time, it was the decision of the Board to postpone this request, with appointments to be made at the June 4, 1991 meeting.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Mr. Monty Gatch, to replace Mr. Ralph Coon, to the Board of Building Examiners, with a four year term to expire January 14, 1995.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding appointments to the Industrial Development Authority; at which time, it was the decision of the Board to postpone this request.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/POLLUTION CONTROL

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the appointments of Mr. Eugene Kastner, to fill the Engineering category, and Mr. Steve Adams, to fill the Conservation/Resource Management category, to the Pollution Control Board, with terms to expire June 5, 1993.

RECESS & REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would recess and reconvene at 10:30 a.m., for a Public Hearing on the Animal Control Ordinance.

PUBLIC HEARINGS

ANIMAL CONTROL/ORDINANCES

Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board to present the workshop on the proposed Animal Control Ordinance.

Mr. Strickland presented, for discussion and review, recommended changes to the proposed Animal Control Ordinance as follows:

Page 3, Line 28 - delete "department" and insert "section".

Page 6, Line 24 - add appropriate additional language that enclosure would not be accessible by children.

Page 8, Line 15 - change ($300.00) to ($400.00).

Page 8, Line 30 - insert language that states "A repeat violation of a group III offense shall become a group IV offense".

Page 10, Line 11 - insert "or animal control employees" after "animal control officer".

Page 10, Line 14 - change "III infraction" to "IV infraction".

Page 18, Line 23 - change "(3)" to "(4)".

Ms. Pamela Mason, a County resident, appeared before the Board to address language on Page 10, Line 14 of the ordinance, stating that she feels "infraction" should be replaced with "fine". Ms. Mason stated that an animal should not be punished for the action of its owner.

Mr. Lou Talley, Attorney, representing the Lake County Humane Society, appeared before the Board to express the Lake County Humane Society's concern over the makeup of the advisory board, and the lack of coordination between the Societies in Lake County and governmental entities over the last few years. Mr. Talley stated that the Humane Society supports the advisory board, and feels the Society should be represented on the board.

Mr. Talley stated that the ordinance should include language inserted, on Page 19, Line 8 - 11, addressing abused and neglected animals. At this time, discussion from the Board occurred regarding appropriate language.

Mr. Talley brought up for discussion confinement of an animal in a vehicle, stating that standards should be set as a guideline for enforcement. Commr. Swartz directed staff to review possible language that addresses the issue of animals locked in motor

vehicles and the temperature guidelines that other counties have used.

Mr. Talley stated that a review process should be established regarding the actions of a dog that has been classified as "dangerous", with the owner given the opportunity to address the actions of their dog before the Board. Mr. Strickland stated that Section 4-43. Dangerous Dogs, which was taken directly from the Florida Statute, does not provide an appeals process, and language would be added addressing an appeals process.

At this time, discussion occurred regarding Section 4-35. Urinating and Defecating, with Commr. Swartz directing staff to review the possibility of a "Pooper Scooper" law.

Mr. Millard Parker, a resident of Leesburg, appeared before the Board to comment on the issue of defecating on private or public easement property.

Ms. Mary B. Fielding, a resident of Fruitland Park, appeared before the Board to express her concern with the definition that a "Dangerous dog means any dog which is a trained attack dog...". Ms. Fielding stated that she trains dogs and a trained dog is a dog that is under control, and should not be considered a dangerous dog.

Discussion occurred regarding the language of a dangerous dog, with Commr. Swartz suggesting that staff review language and definitions contained in other ordinances that are more specific regarding trained attack dogs.

Mr. Harley Herman, Attorney, and Chairman of the Board for the Leesburg Humane Society, appeared before the Board and stated that he had directed a letter to the County Attorney covering the technical aspects of the ordinance. Mr. Herman stated that he was pleased to see the Board of County Commissioners take the time to review the Animal Control Ordinance and to adopt an advisory committee that will provide input to the Commission. At this time, Mr. Herman stated that it is his hope that at least one member of the four Societies will be appointed to the advisory board.

Mr. Herman addressed the issue of removing an animal from a motor vehicle and the legal aspects involved with the language as stated in the ordinance under Sec. 4-103 Confinement of animal in vehicle.

Mr. Pete Ragsdale, a County resident, appeared before the board stating that it is not cost effective to appoint an advisory board, suggesting that an individual be appointed to address a specific problem as it arises.

Mr. Ragsdale suggested that the language, on page 19, line 27, be deleted as follows: "facility within Lake County which is used for the Boarding, breeding, or training, at any time within the year, of five or more greyhounds which are intended for racing, or which have raced at any licensed pari-mutual facility within the State of Florida and have not been retired from active racing" and suggested language be inserted as follows: "A greyhound, its brood stock and progeny that are registered with or is eligible to be registered with the National Greyhound Association."

Mr. Ragsdale suggested language be added, on Page 20, Line 5, that would remove greyhound farms from the commercial kennel category, requesting they be treated the same as "race horses".

Commr. Swartz directed staff to prepare a recommendation on the advisability and appropriateness of the definitions regarding the changes recommended by Mr. Ragsdale.

Ms. Sue Roberts, representing the Lake Eustis Kennel Club, appeared before the Board in support of the ordinance, stating they do not feel it is necessary to include properly trained attacked dogs in the definition of dangerous dogs. Ms. Roberts expressed their support of the appeals process, discussed earlier in Sec. 4-43. Dangerous Dogs. At this time, Mr. Strickland responded, if a dog has attacked, bitten or caused bodily damage to an individual, the case should not go before any appeals process, but be handled by the court.

Discussion occurred regarding the selection of appointments to the advisory board, with staff expanding the language to include individuals who have an interest and concern for animal welfare.

Ms. Roberts stated there has been specific court cases regarding animals confined in a motor vehicle, and will research these cases and provide available information to County staff.

Ms. Janet Brady, a County resident, appeared before the Board, stating that dog kennels should have higher penalties and restrictions regarding noise, odor and nuisances, than the family dog that barks all night. Ms. Brady stated that on Page 2, Line 14, and Page 5, Line 32, the ordinance refers to zoning ordinances, stating greyhound farms and kennels should be zoned CUPs.

Ms. Katherine Parsell, a resident of Clermont, appeared before the Board to state, for the record, that the South Lake Animal League is now an incorporated Humane Society within Lake County. Ms. Parsell expressed her concern that the original wording has been changed regarding the Advisory Board, further commenting that the Board is missing an opportunity to tap the resources and expertise available through the Humane Societies.

Ms. Mary Gerding, President of the Leesburg Humane Society, appeared before the Board to discuss the issue of removal of an animal in distress, and questioned whether the restrictions, listed in the proposed ordinance, should include Humane Society employees.

Mr. Robert Delancedd, a County resident, appeared before the Board to comment on the provision for penalties in the enforcement section, stating the Animal Control Division is understaffed, and questioned why sufficient funding is not available to adequately staff the Animal Control Division, with the number of certified officers needed to cover a county the size of Lake County.

At this time, Commr. Swartz directed staff to incorporate language into the ordinance regarding an appeals process in terms of what is a vicious dog.

Commr. Swartz suggested that the Advisory Board consist of representation from each of the five Districts, with staggered two

(2) year terms; a Veterinarian, on an annual rotating basis; a

member from the League of Cities, with an annual term; a resident from the unincorporated area, with a staggered two (2) year term; and one representative from the Humane Societies, with an annual rotating term.

It was the consensus of the Board to authorize to advertise a public workshop on the Animal Control Ordinance, with comments given to staff for their review prior to the next workshop.

RECESS AND REASSEMBLY

At 12:30 a.m., the Chairman stated that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.

PUBLIC HEARINGS

REZONING

Postponements

#30-91-3 Cherry Lake Farms, Trust - July 16, 1991

#175A-84-3 Florida Mining & Materials - June 18, 1991

#45-91-5 Robert Thornburg - June 18, 1991

#48-91-4/5 Jeff Clark - June 18, 1991

CUP#966A-4 David L. Brown, et al - June 18, 1991

The Board directed Mr. Stubbs to notify the applicant, for Petition #48-91-4/5, that there was a large number of individuals present in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a request for postponement, upon the request of Mr. Greg Stubbs, Director of Current Planning, and as recommended by staff.

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

PETITION NO.#26-91-5 RMRP TO RM SHANGRI-LA BY THE LAKES

Mr. Steve Richey, representing the applicant, was present in the audience to answer any questions presented by the Board.

No one present appeared in opposition to the request.

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 RMRP (Residential Mobil Home Rental Park) to RM (Mobile Home Residential), for a mobile home development.

PETITION CUP#91/3/2-3 CUP IN A ALBERT & DEBRA BORI

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

No one present appeared in opposition to the request.

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 a classification of uses for a CUP in A (Agricultural), with a three (3) year time period, and amended to read: "Use of the site shall be limited to that of a single-family residential structure, pole barn, the storage of farm and other equipment, and other accessory uses incidental thereto.", for storage of equipment.

PETITION #40-91-5 A TO RR PAUL & DARLENE BOLING

Mr. Paul Boling, the applicant, appeared before the Board to answer questions presented by the Board.

No one present appeared in opposition to the request.

On a motion by Commr. Bakich, 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 RR (Rural Residential), for the purpose of constructing a single-family residence.

PETITION #41-91-4 RM TO R-1-5 DANIEL J. CHARLES

Mr. Daniel J. Charles, applicant, appeared before the Board to answer questions presented by 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 a request for rezoning from RM (Mobile Home Residential) to R-1-5 (Mobile or Mixed Residential), for a residential development.

PETITION #37-91-3 A TO AR PERRY & DEBORAH BRIGMOND

Mr. Perry Brigmond, applicant, was present in the audience to answer questions presented by the Board.

No one present appeared in opposition to the request.

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 AR (Agricultural Residential), for a single family residential development.

PETITION #39-91-3 A TO AR T.E. NEVILLE

Mr. T.E. Neville, applicant, was present in the audience to answer questions presented by the Board.

No one present appeared in opposition to the request.

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 AR (Agricultural Residential), for a single-family residential homesites.

PETITION #32-91-3 A TO AR LAURENT & PHYLLIS METHE & HOWARD DEBARGE

The applicants were present in the audience to answer questions presented by the Board.

No one present appeared in opposition to the request.

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 A (Agricultural) to AR (Agricultural Residential), for a single-family residential development.

PETITION #33-91-2 A TO ER RICHARD & BETTY TOOLE

Mr. Richard Toole, applicant, appeared before the Board to answer questions presented by the Board.

Commr. Bailey stated that he would support rezoning to RE (Rural Estates), at which time discussion, and review of the map,

occurred regarding the request for rezoning to ER (Estate Residential).

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved rezoning from A (Agricultural) to RE (Rural Estates), for a single-family residential subdivision.

Commr. Swartz voted "no".

PETITION #34-91-2 A TO RE DANA G. & RICHARD TOOLE

Mr. Richard Toole, applicant, appeared before the Board to answer questions presented by the Board.

No one present appeared in opposition to the request.

Commr. Bailey stated that he would support RR but could not support RE due to the location.

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

Commrs. Bakich and Swartz voted "no".

PETITION #35-91-2 A TO ER TERESA L. TOOLE

Ms. Teresa L. Toole, applicant, was present in the audience to

answer questions presented by the Board.

No one present appeared in opposition to the request.

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

Commr. Swartz voted "no".

PETITION #36-91-2 A TO ER WILLET & BARBARA HARMON

Mr. Willet Harmon, applicant, appeared before the Board to answer questions presented by the Board.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission, and approved rezoning from A (Agricultural) to RE (Rural Estates) for the entire parcel, for a single-family residential development.

PETITION #44-91-2 RR AND A TO R-1-15 LAKE COUNTY CITRUS SALES, INC.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board to answer questions presented by the Board.

No one present appeared in opposition to the request.

On a motion by Commr. Gregg and 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) and A (Agricultural) to R-1-15 (Residential Estates), for a single-family residential subdivision.

PETITION #46-91-2 C-2 TO CP WITH C-1 AND C-2 GARY & BABETTE WARD

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

No one present appeared in opposition to the request.

On a motion by Commr. Gregg, 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 C-2 (Community Commercial) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, with a three year time limit, for a furniture store, warehouse, and four (4) storage trailers.

PETITION #43-91-3 A TO ER RICHARD LOWE

Mr. Richard Lowe, applicant, was present in the audience to answer questions presented by the Board.

No one present appeared in opposition to the request.

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), to subdivide into two (2) parcels.

PETITION #42-91-3 AR TO PFD BRIAN & GLORIA GILBERT

Mr. Stubbs appeared before the Board to request that he be permitted to insert the following additional language within the Land Use section, for clarification purposes, under Item A. Land Uses: Use of the site shall be limited to "an educational institution and treatment center for children and youth with developmental disableness (Au Clair Palms)".

Mr. Harlow Middleton, Attorney, representing Au Clair Palms, appeared before the Board and explained that this facility is located one-quarter mile from the existing facility, and the concerns expressed by the Planning and Zoning Commission have been met on the site plan.

Mr. Middleton stated that Au Clair Palms operates under a comprehensive transitional education program license. He stated Au Clair Palms is unique because it is a collection center for developmentally disabled children with autistic behavior and provides for transitional care, preparing their students to return to their own communities.

Mr. Middleton requested that the language submitted by Mr. Stubbs, regarding "children and youth" be changed to state "developmental disabled persons".

Ms. Charlene Kelley, an abutting property owner, appeared before the Board in opposition to this request. Ms. Kelley presented a map, for the Board's review, and distributed photos of homes in the surrounding area, stating that the facility is not compatible with the surrounding area, nor is the size of the parcel compatible with the number of people residing on the site.

Mr. Scott Wilt, Attorney, with a firm located in Orlando, representing Greiling Farms, Inc., appeared before the Board in opposition to the request, stating that Greiling Farms surrounds the Gilbert property on the east, west, and south. Mr. Wilt stated that, given the low density land use designation in the

Comprehensive Plan, and given the low density existing zoning, it would have to be concluded that this request is totally inconsistent with the Comprehensive Plan designation, and with the anticipated and existing zoning on the surrounding property.

Discussion occurred regarding two 18 foot easements, as shown on the site plan, with Mr. Wilt stating, for the record, that the easement, designated OR925/1728, was granted to the Gilbert's and to Greiling Farms, Inc., for the purpose of allowing access to single family residents. He stated that Greiling Farms has not consented to the use of either or both of the 18 foot easements in question, nor have they consented or agreed to access across their property to the 50 foot right-of-way.

Ms. Cecelia Bonifay, Attorney, representing Mr. Bill Bland and Mr. Art Hoag, property owners in the area, appeared before the Board in opposition to this request. At this time, Ms. Bonifay distributed a map of the area in question, showing property values. Ms. Bonifay stated that the request is inconsistent and incompatible with the current land use, and is a significant intrusion in what is a low density, single family area. Ms. Bonifay addressed the issues of fire protection and traffic in the area, requesting that the Board deny this request.

Ms. Candace Hawthorne, Attorney and property owner in Lake Jem, appeared before the Board in opposition to this request. Ms. Hawthorne addressed the issue of fire protection and the slow response from the two local volunteer departments, which could result in risk to life of the residents. Ms. Hawthorne expressed her concern on the use of portable buildings, stating it is not consistent with the growth and development, which has been planned for the area.

Mr. Middleton responded to many of the concerns, addressed by the opposition, regarding property values, staffing of the facility, traffic problems, fire protection, PFDs, and the easement concerns.

Ms. Annette Star Lustgarten, County Attorney, stated that the issue of access to the property in question and the underlining ownership issues will have to be resolved before any closing permits are issued on the property and final site plan approval.

At this time, Mr. Don Griffey, Planning and Zoning, addressed questions presented by the board regarding access to the facility and reviewed site plan requirements.

Mr. Jim Barker, Pollution Control Manager, responded to concerns regarding soil, septic tanks, etc. Mr. Barker stated that standard wording has been included in the PFD requirements, and they will have to meet all Lake County Codes regarding water, wastewater, and stormwater during the site plan review process.

Commr. Bakich stated that the character of the area has been set and under the present circumstances he cannot support the rezoning as proposed.

Commr. Hanson stated that she looked at the facility and property as though it were a school, without the emotional issues attached, indicating that a school can go in anywhere and the PFD would be the appropriate zoning.

Commr. Swartz stated that he cannot support the request for rezoning as proposed, but would support it in a scaled down version that would make it compatible with the surrounding area. He stated his objection is not with the use that is planned, but with the intensity of the use on a parcel this size.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from AR (Agricultural Residential) to PFD (Public Facilities District), with language inserted under Land Uses as follows: "Use of the site shall be limited to "an educational institution and treatment center for developmental disabled persons with developmental disableness....", and subject to a public hearing on the final site plan approval by the Board, for the purpose of an educational institution.

Commrs. Bakich and Swartz voted "no".

RECESS & REASSEMBLY

At 4:15 p.m., the Chairman announced that the Board would recess for five minutes, and reconvene at 4:20 p.m.

PETITION #38-91-4 RR TO ER JOSEPH & ADA KING

Mr. Joseph King, applicant, appeared before the Board to answer questions presented by the Board.

Mr. Lou Talley, Attorney, representing Mr. Al Burick and Mr. Cannon, property owners, appeared before the Board in opposition to this request. Mr. Talley gave an explanation as to the location of the property owned by his clients, and stated that the density presently in place in the surrounding area is RR (Rural Residential). Mr. Talley stated he recommends the Board compromise the density between the RR (Rural Residential) and the ER (Estate Residential) and approve RE (Rural Estate).

Mr. Al Burrick, property owner, appeared before the Board and gave a historical history of the house located on Mr. King's property, commenting that the house should be documented as being of "historic importance".

Mr. King stated that his intent is to retain one-half acre to build a smaller home for himself, and sell the remaining property.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved rezoning from RR (Rural Residential) to RE (Rural Estates), for a single-family residence.

PETITION #54-91-5 R-1-7 TO RM OR R-1-5 JAMES WILEY

Mr. James Wiley, applicant, appeared before the Board, stating he would like to have permission to live in a mobile home until he has the funds to build a permanent home on his property. Mr. Wiley stated that his original home was destroyed by fire.

The County Attorney recommended that Mr. Wiley obtain a building permit that will allow a temporary mobile home on the property.

It was the decision of the Board not to approve rezoning, but, under the circumstances, work with Mr. Wiley allowing for a temporary mobile home, not to exceed one year.

At this time, those present, in opposition, agreed to help and support Mr. Wiley toward building a new residence, stating that they had no idea of the problems facing Mr. Wiley.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission, and denied the request for rezoning from R-1-7 (Urban Residential) to RM (Mobile Home Residential) or R-1-5 (Mobile or Mixed Residential), for a mobile home site, and directed staff to work with Mr. Wiley to assist in obtaining a building permit on a temporary basis not to exceed one year.

PETITION #50-91-3 A C-1 & R-1-7 + CUP#90/4/5-3 TO PUD WEATHERLY-27, INC. & JAMES & DIAN PHILLIPS A/K/A - SAWGRASS BAY

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that Mr. Keith Ray, the developer, was present in the audience.

Mr. Richey stated the purpose of this request was for eight-hundred (800) single-family residential homes, 100 room motel and one-hundred and ten (110,000) square feet of commercial. Mr. Richey gave a brief reviewed of the requirements, variances and waivers, that Planning and Zoning addressed.

At this time, Mr. Richey addressed the issue of school impact fees and schools, stating that they will contribute 6.2 acres toward the acquisition of a school site, if the development builds out to a children generating residential community.

Mr. Richey stated that the Planning and Zoning Commission recommends a pedestrian and bicycle circulation system, and some form of illumination throughout the development, stating that the development will provide street lights, and pedestrian/cycling access, as appropriate, as an integrated part of the development, for the purposes of health and safety, rather than mandatory lighting and pedestrian/cycling paths on both sides.

Discussion occurred regarding the staff recommendations on each of the waivers, at which time appropriate motions were made, as follows:

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved variance of parking stall size and aisle width to be 9 feet by 18 feet, instead of the required minimum parking stall size of 10 feet by 20 feet for regular stalls; and 12 feet by 20 feet for paraplegic stalls, with all stalls required to have wheel stops or curbs.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved variance of 25 foot frontage on lots which fronts on cul-de-sac only; lot size 50 feet by 100 feet; lot width at building line of 50 feet, and setback rear lot setback shall be 50 feet.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved variance for clarification that he would be allowed to sell an unplatted section of the PUD for development by another owner, subject to the approved PUD Development Plan, and subject to language clarification of dedicated open space.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved variance for extending the PUD 2-year period to be in effect for a five (5) year period.

Commr. Swartz voted "no".

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved variance to allow the one hundred foot diameter right-of-way with curb and gutter sections and one hundred and twenty foot diameter right-of-way with curb, gutter or swales.

Commr. Gregg was not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved variance to allow appropriate detention systems, wet or dry, subject to a variance from the Pollution Control Board.

Mr. Keith Gray, applicant, appeared before the Board to discuss the waiver of the Open Space Requirement, stating that over 43% of the entire site is open space, with the land planner developing around the designated open spaces.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved a variance to allow 25% of the gross land area to be calculated on the entire PUD, as required by the open space requirement.

Commr. Swartz voted "no".

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

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved staff's recommendation that active recreational facilities be provided.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the variance for distance between buildings to be 10 feet and the side yard setback to be zero (0) feet, for zero lot line homes.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a variance of the distance from the right-of-way to the building to be 25 feet for single-family residents, and the minimum distance from the right-of-way to building along a side street for corner lots to be 15 feet.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a variance setback from the natural water bodies for any building be the 100 year flood plain line.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved variance setbacks for parking areas from street right-of-way to be twenty-five (25) feet, instead of fifty (50) feet.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a clarification that the North Road will not be classified as a major arterial roadway, and the minimum requirements for access on U.S. Hwy. 27 shall meet the following requirements: (a) The north road should align with a full median opening; (b) the commercial area in the northwest portion of the site should have access from the north road and one access onto U.S. Hwy. 27, aligned with a directional median opening, which would allow only left turn movements for southbound highway traffic to turn into the site, and should also provide an access road right-of-way from the U.S. Hwy. 27 entrance to the outparcel on the south border of the site; (c) the hotel/commercial area should have one access onto U.S. Hwy. 27 aligned with a full median opening and also provide an access road right-of-way from the U.S. Hwy. 27 entrance to the out-parcel on the north border of the site; (d) the southeastern access road should align with a full median opening and also provide an access road right-of-way from the U.S. Hwy. 27 entrance to the adjacent property to the south.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved variances to allow the selected clearing of the right-of-way where valuable or specimen trees are located, provided that determination of trees to be saved is done with the concurrence of the Department of Public Works, and that the department has the final authority over clearing in the right-of-way.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved waiver of requirements for Section 84.11, and Section 93.130, to allow an easement width of ten (10) feet for maintenance, and 25 feet for all other easements.

Ms. Annette Star Lustgarten, County Attorney, stated that the language addressing the school impact fee should be amended to state: "The applicant shall comply with the Lake County educational impact fee ordinance and participate with other developments".

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved an amendment to revise language regarding impact fees, as stated above by Ms. Lustgarten.

Commr. Bakich was absent for the vote.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved an amendment to revise language providing for sufficient bicycle, pedestrian pathways to service the development, and lighting that meets the requirements provided for the necessary safety throughout the development.

At this time, Commr. Swartz stated that he accepts this development conceptually, but does not accept the site plan as presented. Commr. Swartz stated that on two previous occasions the Board approved developments conceptually, but required that they return with a revised site plan, and asked that the Board consider doing the same thing with this development. Commr. Swartz stated that under those conditions, he would approve the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) C-1 (Rural or Tourist Commercial) & R-1-7 + CUP#90/4/5-3 to PUD (Planned Unit Development), as amended, for 800 single-family residential homes, 100 room motel and 110,000 square feet of commercial.

Commr. Swartz voted "no".

PETITION CUP#417D-3 AMEND A + CUP#417C-3 FLORIDA ROCK INDUSTRIES, INC.

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

No one appeared in opposition to the request.

Discussion occurred regarding the staff recommendations regarding land use, buffering, permits and requirements.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request to amend A + CUP#417C-3, with the addition of a forty (40) foot right-of-way, and no additional requirement for buffering of the temporary facility, but not to delete any requirement for buffering in the original CUP, for a temporary asphalt plant to the existing sand extraction facility.

APPOINTMENTS-RESIGNATIONS/COMMITTEES (CON'T.)

Commr. Bailey reported that the Board has been notified of the additional appointments of Ms. Sandra Green, representing the School Board; Mr. Jim Myers, representing the League of Cities; and Mr. Will Davis, representing the Water Authority, to the Parks and Recreation Advisory Board.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the appointments of Ms. Sandra Green, Mr. Jim Myers, and Mr. Will Davis to the Parks and Recreation Advisory Board, with their terms to expire May 20, 1992.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:50 p.m.

________________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

msf/5-29-91/5-21-91

The Lake County Board of County Commissioners met in special session on Tuesday, May 21, 1991, at 7:30 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Don Bailey, Chairman; C. W. "Chick" Gregg; Michael J. Bakich; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.

PUBLIC HEARING

EDUCATION/ORDINANCES

Commr. Bailey informed the Board that the time had arrived for the second public hearing on the proposed School Impact Fee Ordinance.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that all of the amendments are already enacted into the proposed ordinance, with the Board taking action on them at the first public hearing.

Dr. Tom Sanders, Superintendent of the Lake County Schools, appeared before the Board and extended appreciation to the Board for bringing back the idea of implementing impact fees. Dr. Sanders stated that the heavy growth is impacting Lake County, and the County needs the impact fees, in order to meet the needs of the future. Dr. Sanders stated that there seems to be a positive feeling being reflected by the Board regarding the School Impact Fee, and that there may not be a need for public comment.

Commr. Bailey called for opposition to the proposed School Impact Fee ordinance.

Ms. Jackie Conn, an eighteen year resident of Lake County, appeared before the Board and stated that she is against the tax, but that it is obvious that the County is going to impose it. Ms. Conn stated that she is appearing before the Board to offer another idea, or procedure, to impose the tax.

Ms. Conn stated that she is against the tax, because she did not feel that it is the Board's job to get money for the schools. She stated that she felt the School Board, because they failed at one time to get the bond issue, has given up completely in pursuing this type of funding.

At this time, Ms. Conn presented the Board with a proposal requesting that the Board consider impact fees based on the square footage of living area in the home. Ms. Conn discussed the economy, using her family as an example. She stated that her idea is to get the impact fees on a more fair basis. Ms. Conn also discussed people who have had previous homesteads and are rebuilding, and who have been paying taxes, and, at this time, discussed the credits that should be allowed to these taxpayers.

Commr. Bakich stated that he feels the Board, in part, feels responsible for bringing about the impact fees, because of the Board's jurisdiction over zoning and development in Lake County. Therefore, the Board has agreed to work jointly with the School Board to bring about the impact fees to assist in raising the necessary monies to develop in the new areas throughout the County. He stated that the Board will consider her proposal, but that the Board feels compelled to proceed with this now.

Commr. Gregg stated that the legal constraints for an impact fee are contained within the ordinance, which allows for affordable housing discounts.

Ms. Conn stated that she is not opposed to paying taxes for schools, but is trying to help the "little" person.

Commr. Swartz commended Ms. Conn for appearing before an audience largely in favor of the impact fees. He stated that a cautious, conservative approach will need to be taken when the County begins to issue the permits, and will be a point of concern. He further stated that tonight the Board cannot incorporate either concepts being proposed, but over time, the "bedroom" issue will need to be reconsidered to make sure that the County is not losing revenue. Commr. Swartz stated that the Board needs to move forward

on this issue tonight.

Ms. Conn requested that the Board give its assurance that it will consider her concept and figures presented tonight, with Commr. Bakich indicating that the County and School Board will always consider new ways to fund capital expenditures.

Commr. Hanson extended her appreciation to Ms. Conn for her comments, and stated that she does feel there are inadequacies in what the County is proposing, but that the County needs to move forward now, and address future problems as they arise.

Ms. Jean Kaminski, Executive Director of the Homebuilders Association, appeared before the Board and stated that she, along with the Homebuilders Association, are not in opposition of the fee. Ms. Kaminski expressed her concern for the "automatic escalation" clause. She stated that, no matter what type of tax is being considered, it should be brought up for a yearly review, and, if the situation warrants it, then escalate it at that point. Ms. Kaminski questioned the implementation date, with Ms. Lustgarten stating that the date will be August 1, 1991.

Ms. Sandra Henderson, Leesburg City Commissioner, representing the Leesburg City Commission, appeared before the Board and stated that, at their last meeting, a resolution was passed unanimously supporting the Board's adoption of the impact fees for education.

Mr. Howard Barry appeared before the Board and presented questions regarding the proposed fees indicated in the newspapers, and continued to question the rational basis the County is using when considering the number of bedrooms to determine school populations, with Ms. Lustgarten stating that the methodology was chosen by the consultants hired by the Board, and determined by data.

Mr. Howard suggested that the new people in the County pay 100% of the impact fees, not 85%, as being proposed, and stated that, until the County imposes impact fees on all areas of growth, he is opposed to the fees.

Mr. Ross Buchanan, resident of Lake County, appeared before

the Board and stated that everyone, including the developers, need to pay their way, instead of being subsidized by the taxpayer.

Mr. Buchanan discussed the School Board's budget, in relation to the number of students in the County.

Commr. Gregg informed Mr. Buchanan that the law states that impact fees can be used for capital improvements only, not operating costs.

Mr. Buchanan discussed the employer-employee relationship, and stated that this needs to be re-established in the County, with the Board serving the best interest and needs of the people of Lake County.

Mr. Jerry Smith, Chairman of the Lake County School Board, appeared before the Board and stated that the positive action being taken by the Board tonight is only a small step towards assisting the Lake County School District. Mr. Smith extended his appreciation to the Board for a positive vote on this issue, and that the School Board continues to look forward to working with the Board in solving economic problems, as well as any other County related problem.

Mr. Hubert Hartman appeared before the Board to discuss the handling of the fees, as related to the number of bedrooms. At this time, he discussed proposed building plans, and the fact that the third or fourth bedroom will never be built.

Ms. Lustgarten stated that the Building Department, as they review plans, will look for these items, and stated that the ordinance contains a provision for a change in use or density. When proposed plans, as such, are submitted to the County, the additional fees will be collected at that time.

Mr. Hartman questioned the sincerity of purpose of the Commissioners in enacting this ordinance. Mr. Hartman discussed Page 3, C. & D., and Page 4, Section 5. Intent and Purpose. Mr. Hartman questioned when the County will take care of the rest of the problems, including fire, rescue and police protection. He went on to discuss the statistics, in relation to the people on

welfare and unemployment. Mr. Hartman requested that the Board enact all impact fees necessary to meet the needs of the County.

At 8:11 p.m., the Chairman called for further public comments. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved and adopted Ordinance

1991-8, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

LAKE COUNTY, FLORIDA, ESTABLISHING SCHOOL IMPACT FEES;

PROVIDING FOR IMPOSITION OF AN IMPACT FEE ON LAND

DEVELOPMENT WITHIN LAKE COUNTY FOR THE PROVISION OF

NEW SCHOOLS, EXPANSION OF EXISTING SCHOOLS, AND

RELATED EDUCATIONAL FACILITIES NECESSITATED BY NEW

DEVELOPMENT; PROVIDING FOR LEGISLATIVE FINDINGS;

PROVIDING FOR A TITLE; PROVIDING FOR APPLICABILITY OF

SCHOOL IMPACT FEES WITHIN UNINCORPORATED LAKE COUNTY

AS WELL AS ALL MUNICIPALITIES WITHIN LAKE COUNTY;

PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR RULES

OF CONSTRUCTION; PROVIDING FOR AUTHORITY FOR ENACTMENT

OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FOR

DEDICATION OF LAND; PROVIDING FOR STUDENT GENERATION

RATES; PROVIDING FOR SIZE, LOCATION AND ACCESSIBILITY

OF SCHOOL SITES; PROVIDING FOR THE PAYMENT OF A SCHOOL

IMPACT FEE; PROVIDING A SCHEDULE OF SCHOOL IMPACT FEES;

PROVIDING FOR WAIVERS; PROVIDING FOR SCHOOL IMPACT FEE

DISTRICTS; PROVIDING FOR ESTABLISHMENT OF A SCHOOL IMPACT

FEE TRUST FUND; PROVIDING FOR USE OF SCHOOL IMPACT FEE

FUNDS; PROVIDING FOR THE REMITTANCE OF SCHOOL IMPACT

FEES AND THEIR EXPENDITURE BY THE SCHOOL BOARD OF LAKE

COUNTY FOR EDUCATIONAL CAPITAL FACILITIES; PROVIDING

FOR REFUND OF UNEXPENDED FEES PAID; PROVIDING FOR

EXEMPTIONS; PROVIDING FOR CREDITS FOR DEDICATED LAND;

PROVIDING FOR PENALTIES AND LIENS AGAINST PROPERTY;

PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE;

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN

EFFECTIVE DATE.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 8:12 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA\BOARDMIN\5-21-91.BD\6-5-91