The Lake County Board of County Commissioners met in regular session on Tuesday, July 17, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; and Michael J. Bakich. Commr. Hanson was not present, due to being out of town. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

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

MINUTES

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of May 20, 1991 (Special Meeting), as presented.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of June 25, 1991 (Special Meeting), as presented.

CONSTITUTIONAL OFFICERS

CLERK'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 137651 through Warrant No. 137944, for the following accounts:

Landfills County Transportation Trust

General Revenue Countywide Fire District

Private Industry Council Mosquito Control

Capital Outlay Commissary Trust Fund

Bassville Fire District Mt. Plymouth Fire District

Countywide Library Miscellaneous/Gas Fund

Resort & Development Fund Tax Animal Shelter Trust Fund

South Lake Fire District Pasco Fire District

Paisley Fire District Northwest Fire District

Revenue Sharing Aquatic Weed

Emergency 911 Fund Section 8

Northeast Ambulance Northwest Ambulance

Accounts Allowed/Courts-Judges

Request for payment of Court Reporter's fee, in the amount of $14,078.70, pertaining to State of Florida vs. Ronald Bogren trial, Case No. 90-589-CF-H2.

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Derrick Dana Wiggins and Daniel Wiggins, in the amount of $50.00, Case No. 82-422-CJ.

Accounts Allowed/Assessments/Subdivisions

Request for approval of Satisfaction of Assessment Liens (17) for the following subdivisions:

Lakeview Heights

Audrey R. Tanner aka Audrey McKeeby $1,136.99

Mt. Plymouth Subdivision

Thomas H. Johnson, III 711.99

Maureen A. Chubboy 546.64

Maureen A. Chubboy 546.64

C. W. Overton 580.30

Gordon J. and Louanne Lamb 619.03

Gordon J. and Louanne Lamb 619.03

Haines Creek Heights

Efrem Barrientos 793.34

Palms Mobile Home Estates

James W. and Miriam V. Antill 936.88

James E. Harris 670.14

H. L. or Nona E. Smith 1,340.28

Richard Hack 670.14

Christian A. Burkard and Mary V. Burkard 670.14

Robert F. Cannon, Trustee 670.14

Florida Fruitland Park Tropical Homesites

James and Blanche McInerney 953.20

Sorrento Shores

S & K Realty, subject to contract for deed in 6,294.20

favor of Freddie W. Jiles

Hilltop Subdivision

William Neely and Maxine Dillon and Steve K. Dillon 783.44

Accounts Allowed/Reports

Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1991, in the amount of $132,503.80. Same period last year was in the amount of $129,665.43.

State Agencies

Request to acknowledge receipt of a Notice from the Land Acquisition Advisory Council of a public meeting to be held on

July 12, 1991, at 1:00 p.m., in Tallahassee, Florida, at the Department of Environmental Regulation Twin Towers Office Building, for purposes of discussing and voting on the CARL Program and the Florida Preservation 2000 Act.

COUNTY MANAGER'S CONSENT AGENDA

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

Accounts Allowed/Administrative Services-Budget/Bonds

Budget Transfers/Resolutions

Request for Surety Substitution for the Debt Service Reserve Fund, Sales Tax Bonds, Series 1987, as follows:

(a) Resolution to amend the Sales Tax Debt Service Fund and Sales Tax Bond Construction Fund, to provide mechanism for transfer of $3,886,106.00 to the Construction Fund, due to surety substitution for the Debt Service Reserve Fund, Sales Tax Bonds, Series 1987.

(b) Transfer of the first guaranteed entitlement ($256,097.00) of State Revenue Sharing monies to a separate account within the General Fund, to establish second pledge for debt service reserve account, for Sales Tax Debt Service Fund.

(c) Encumbrance and approval of expenditure of monies for the following items:

. $126,230.00 Insurance premium cost FGIC

. $20,000.00 Financial Advisors for replacement cost - PFM

. $7,000.00 Legal fees - Foley & Lardner

Accounts Allowed/Health & General Services/Mental Health

Request to expend a portion of the budgeted, local match funds, in the amount of $5,052.60, to Lake Sumter Mental Health Center, for three vehicles for the Transportation Disadvantaged Program.

Planning & Development/Subdivisions

Request for approval of preliminary plat of Ashley Subdivision (20 lots in District 5).

Planning & Development/Subdivisions

Request for approval of preliminary plat of King's Peninsula (29 lots in District 5).

Planning & Development/Subdivisions

Request for approval of final plat of Wekiva Estates (5 lots in District 4).

Planning & Development/Subdivisions

Request for approval of final plat of Bristol Subdivision; accepted and executed an Escrow Agreement, for maintenance, in the amount of $7,277.88; and accepted the following road into the County maintenance system: Bristol Circle (5-6347E). (25 lots in District 5).

Deeds/Public Works

Request to accept the following Non-Exclusive Easement Deed for site plan:

Dilipkumar Ambalal Patel and Minaxshi Dilipkumar Patel, husband and wife - Second Street (5-6859).

Roads-County & State/Right-of-Ways, Roads & Easements

Municipalities

Request to advertise Road Vacation Petition No. 653, by William J. Richardson, to vacate road, Mt. Plymouth area.

Roads-County & State/Right-of-Ways, Roads & Easements

Municipalities

Request to advertise Road Vacation Petition No. 654, by The 347 Corporation of Florida, Inc., to vacate portion of right-of-way, Lady Lake area.

Roads-County & State/Right-of-Ways, Roads & Easements

Municipalities

Request to advertise Road Vacation Petition No. 655, for Jimmy Sloan, by Leonard H. Baird, Jr., to vacate unnamed road, Groveland Farms Subdivision, near Clermont.

Roads-County & State/Right-of-Ways, Roads & Easements

Municipalities

Request to advertise Road Vacation Petition No. 656, for Mackay - Fisher Partners, by H. D. Robuck, Jr., Esquire, to vacate road reservations, Lady Lake area.

ACCOUNTS ALLOWED/ADMINISTRATIVE SERVICES-BUDGET

BUDGET TRANSFERS

Commr. Bailey had requested that this request be pulled from the County Manager's Consent Agenda, as he had a concern regarding the contract with David M. Griffith & Associates, for data base development and rate development, under the Special Revenue portion of the request. He noted that he did not want them running up any more bills, however, wanted them to complete the task which had been given to them.

A brief discussion occurred regarding the request, at which time Mr. Al Thelen, County Manager, answered questions pertaining to it.

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

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.

(5) Approve Other Payments:

DEPARTMENT/DIVISION VENDOR/DESCRIPTION OF ITEM

AMOUNT

(1) BCC - Corrections

Auto-Chlor Systems. Blanket p.o. for May and June 1991 for Laundry and Kitchen Service. $ 1,358.08

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PUBLIC WORKS/ROADS-COUNTY & STATE

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

A brief discussion occurred regarding this request, at which time Commr. Gregg stated he would like for the Board to delay approving it, due to the fact that he felt the Surface Treatment Program was originally set up more as a maintenance program, rather than a new road program. However, he felt it was now turning into a new road construction program, and could turn into a "turkey" program, which he felt was probably happening.

Commr. Bailey concurred with Commr. Gregg's concern.

Commr. Swartz then suggested that, between now and one of the meetings in August, 1991, that Mr. Stivender meet with each of the Commissioners, regarding the program, and get something back on the agenda, as soon as possible.

It was noted that the matter would tentatively be set for the Board Meeting of August 13, 1991, for further discussion.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved to postpone action regarding the Three Year Surface Treatment Priority List, with work to be performed by the Department of Public Works, Operations Division, until the meeting of August 13, 1991 (tentatively).

ACCOUNTS ALLOWED/ROAD PROJECTS

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

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a request to award and authorize Project No. 19-91, Twin Lake Boulevard (5-5836); Haines Creek Road (5-5837); and Cypress Road (5-5935), Lump Sum Construction Project, to Professional Dirt Service, Co., Inc., and to encumber and expend funds, in the amount of $127,945.46 (District 5).

ACCOUNTS ALLOWED/ROAD PROJECTS

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

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request to award and authorize Project No. 20-91, Underpass Road (2-1712), "Part", Construction Lump Sum Project, to Art Walker Paving and Excavating Co., and to encumber and expend funds, in the amount of $100,205.11 (District 2).

ACCOUNTS ALLOWED/ROAD PROJECTS

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

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved a request to award and authorize Project No. 21-91, C-455 Intersection Reconstruction "Montverde" Lump Sum Project, to Superior Asphalt Co., Inc., and to encumber and expend funds, in the amount of $45,477.00 (District 3 - Benefit District 5).

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

ACCOUNTS ALLOWED/ROAD PROJECTS

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

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried, the Board approved a request to award and authorize Project No. 22-91, C-466A Picciola Road "Part" Resurfacing Lump Sum Project, to Orlando Paving Company, Inc., and to encumber and expend funds, in the amount of $94,054.00 (District 1).

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

Mr. Stivender informed the Board (for informational purposes) that the next projects which they would be seeing before them,

probably in late August or the first of September, would be the beginning of the County's 1992 Road Program, noting that the requests which the Board had just approved was the end of the County's 1991 Road Program.

COMMISSIONERS' BUSINESS

ENVIRONMENTAL SERVICES/LANDFILLS

Commr. Bailey stated that, during the meeting which was held at the Ag Center on Thursday evening, July 11, 1991, the Board had unanimously agreed to meet with Mr. Rick Patterson, the County's financial advisor, and request him to furnish them with some numbers to do a no-burn analysis of the incinerator. He stated that he felt the matter would be brought up for discussion at the Board Meeting of August 6, 1991, however, wanted to clarify the fact that he did not want those individuals planning to attend that meeting to expect the Board to have numbers ready, as they will not be ready at that time. He stated that what Mr. Patterson will have for the Board, on said date, will be a quote concerning the study.

Commr. Bakich stated that, as he understood the motion made by Commr. Gregg at that meeting, was that the Board was going to discuss the whole Solid Waste Program, not just the incinerator issue. He stated the Board is talking about reducing dollars, of which the incinerator is a big part; however, the Board needs to look at the total waste treatment issue, to which Commr. Gregg concurred.

Mr. Al Thelen, County Manager, stated that Mr. Patterson had been requested to look at alternatives, in costs, to use of the incinerator. He stated it did not include an analysis of the County's Recycling Program or the Hazardous Waste Program, noting that, assumably, both of these would be expanded some, or, certainly, the Recycling Program, if the County looked at something other than the use of the incinerator. He stated Mr. Patterson will include what he will do and indicate the limitations of it, noting that he felt the price was going to be a not to exceed amount of $29,000.00

Commr. Gregg questioned Mr. Thelen as to how much of the $29,000.00 the County will have to expend, in the refinancing, to which Mr. Thelen replied that it looked like approximately $7,000.00, noting that Mr. Patterson will need to do approximately $7,000.00 worth of work, to get to the point where the County can do the interim financing; therefore, it needs to be done right away.

COMMISSIONERS

Another matter which Commr. Bailey brought up for discussion was the fact that in the early part of this year, the Board met to establish priorities for the year. However, due to the changes and the busy work load that the Board has had, as well as the vote which was taken at the meeting at the Ag Center, he would like for the Board to set aside some time (two to three hours) for them to discuss where they have been and where they are heading, and establish some priorities on various issues which are still on the Board Agenda for the rest of this year. He stated that, before staff spends a lot of time and money, he would like for the Board to decide what issues they are, and are not, going to address for the remainder of the year, noting that they still have such issues as the Comprehensive Plan, the budget, the stormwater and wetlands ordinances, the space study, etc. He stated he does not want staff to spend time and money on these issues, to find out that the County cannot afford to do them.

Commr. Bakich stated that he would like to add the fact that he was concerned about several ordinances (10 to 12) which the Board has found is going to cost the County money, if they are enacted, noting that, as much as the Board would like to approve them, the County may not be able to afford them, at this point in time.

A brief discussion occurred regarding a date for said meeting, at which time it was noted that it would be set in the near future, when all the Commissioners could be present, due to the fact of Commr. Hanson being out of town.

Commr. Gregg stated a concern he had regarding district meetings and the fact that they are being held every month, rather than every other month, as originally planned, to which Mr. Thelen, County Manager, responded that there was some interest in doing them before the Comprehensive Plan and the Budget meetings; therefore, they were deliberately scheduled this way. Commr. Gregg stated he would prefer going back to what was originally scheduled, which was every other month.

Commr. Swartz stated he was concerned about the fact that the Board has a propensity for taking the headlines and filling in the bottom lines, and when they get to the end of the process, find out that they have left a lot of decisions to the last minute, some of which cannot be made. He stated he felt that when the Board gets on individual issues, they are going to have to do a whole lot better job of understanding what they are trying to accomplish, and whether or not they are doing it, with proposals that they have. He stated that the Board sets some pretty clear priorities and goals, however, once they get into the actual item, they are not spending the time in making the hard decisions, as they go along, and being able to justify those decisions. He stated he felt the Board is doing a lousy job of letting the public know what they are

considering, which he noted is more of a downfall than anything else.

MUNICIPALITIES/RESOLUTIONS

Ms. Annette Star Lustgarten, County Attorney, explained this request, stating that Chapter 171, of the Florida Statutes, requires that a property owner, in a voluntary annexation, actually files a petition for annexation. She stated that, to the best of her understanding, this was not the process which was followed for this case, noting that all the Department of Natural Resources filed, on behalf of the State of Florida, was a Letter of No Objection, which is not what the Statute requires. She stated that this was one of the bases for objection to the process, and, in addition, noted that municipal services are provided by the County and the Lake County Sheriff's Department, to the unincorporated area, which includes Park Place. She then referred to a letter which had been received, and forwarded to the City of Eustis, from the Director of the Division of State Lands, Florida Department of Natural Resources, withdrawing their approval. She stated it was entirely up to the Board, as to whether or not they wanted to go forward, and adopt the resolution before them this date.

Commr. Bailey stated he felt the Board should make known the fact that they oppose what the City of Eustis is doing, regarding Lake Joanna - to either take action, or, for the record, state their concerns.

Mr. Keith Shamrock, Shamrock Realty, appeared before the Board stating that he agreed with Commr. Bailey, due to the fact that the people in the outlying areas of the County have no representation in the cities. He stated the County needs a method of procedure whereby said individuals can go to someone to hear their problems. He stated that he felt all cities should be put on notice that the County Commissioners are involved, and that there should be a public hearing, so that the people that are affected will have an opportunity to speak.

Commr. Swartz informed Mr. Shamrock that the Board of County Commissioners cannot stop a legal annexation by a city.

Ms. Lustgarten, County Attorney, stated, for the record, that in a voluntary annexation, if the applicant follows the procedure set out in the Statute, then the Board of County Commissioners has very little involvement; however, they can express their views, and make them known, in the event that there should be a conflict. She stated that, what is different about this situation, is that it involves lands that the State has jurisdiction over, but, noted they still have to comply with the statutory requirement.

Commr. Swartz suggested that the language contained in Section 1 (B), of the ordinance, be changed, as he felt that the reason stated was not a valid reason for opposing annexation, at which time he indicated how said language should read.

It was noted that the language would be changed to read that the City of Eustis is unable to provide municipal services to the property in question, in that it is not contiguous to the city, other than across lake bottom, which makes it distant from the actual city boundaries.

Further discussion occurred, at which time a motion was made by Commr. Bakich and seconded by Commr. Gregg to approve the resolution opposing the annexation of Lake Joanna into the City of Eustis, as amended.

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

It was noted that a copy of the resolution would be sent to the Department of Natural Resources, for their information.

RECESS & REASSEMBLY

At 9:40 a.m., the Chairman announced that the Board would recess until 10:00 a.m., for a public hearing.

PUBLIC HEARINGS - ROAD VACATIONS

ROAD CLOSINGS/MUNICIPALITIES

Mr. Jim Stivender, Director of Public Works, appeared before the Board stating that the applicant had requested a 30 day postponement of this request, due to some title problems which they are trying to clear up, before the fairways in question are vacated.

A letter from Ms. Cecelia Bonifay, Attorney, representing the applicant, requesting a 30 day postponement, was submitted for the record.

Mr. Leonard Phillips, a resident of Mt. Dora, who has an interest in this request, informed the Board that by postponing it, they were inconveniencing a lot of people who were present from the Mt. Plymouth area. He stated the applicants should have asked for the postponement before the request ever got to the Board, as they knew whether or not they had title to the real estate before they ever applied for rezoning. He also requested that the individuals that had been noticed of this meeting be noticed again, at the applicant's expense.

Further discussion occurred regarding the matter, at which time Commr. Swartz stated that he sympathized with those individuals that were present this date, noting that what transpired is a result of the County not having any policy regarding the matter. He stated that he felt the Planning and Zoning Board has a better policy, in dealing with these issues, than the Board of County Commissioners does. He agreed with Mr. Phillips in that the County should send out second notices to all those individuals that were previously notified of this meeting, at the applicant's expense, and that it ought to be a policy of the Board of County Commissioners that, at any time applicants request a postponement in between the time that advertising has been done and public notices have been sent, that there be a requirement for renoticing. He stated that, if the request for postponement is due to a problem caused by staff, then the County can renotice the property owners.

Discussion then occurred as to whether or not the Board should hear those individuals that were present, that wished to speak on the issue, or whether the Board should hold off hearing from said individuals until the next meeting scheduled for said request to be heard, due to the fact that the Board was aware of the inconvenience which the postponement was creating. It was the consensus of the Board to not hear from said individuals until the Board Meeting of August 20, 1991, at which time said request will be considered and voted on.

Commr. Gregg stated that he agreed with Commr. Swartz in that the person requesting the postponement should pay for the renotification, whether it be the Board, the attorney, or the applicant.

It was noted that all those individuals that were originally notified would be notified again, at the expense of the applicant.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved a request for a 30 day postponement (until August 20, 1991) of Road Vacation Petition No. 649, for Hampton Enterprises, Inc., by Cecelia Bonifay, to vacate fairways, Mt. Plymouth area.

Commr. Swartz voted "No".

ROAD CLOSINGS/SUBDIVISIONS/MUNICIPALITIES

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

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved Road Vacation Petition No. 651, by Carl and Sharon Mabry, to vacate portion of road, East Umatilla Subdivision, Umatilla area.

ROAD CLOSINGS/SUBDIVISIONS/MUNICIPALITIES

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

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board stating that, in October of 1990, the petition to close a portion of the platted easement was approved by the Board, which deleted lots 41 and 42 (shown on plat on display). He stated that, on November 29, 1990, his client was cited with a Code Enforcement violation for encroachment of his pool and other improvements in the 25 feet on Lot 41. He stated his client was directed to move his swimming pool and other improvements out of the area of the easement, or to set back 62 feet from the centerline of that easement, as required by the code. He stated his client requested a continuance of that Code Enforcement case, because they were advised, in the letter received from Code Enforcement, that they either needed to seek a variance, or have that part of the road vacated.

Mr. Richey stated that the subject improvements were placed, based on two building permits that were pulled in Lake County - one being June 1, 1983 (for the house) and the other being August 9, 1983 (for the pool). He stated that his client would not be faced with the problem he has today, if someone in November had not filed an objection to the improvements being in the easement, with the Code Enforcement Board. He stated his client has been attempting to sell his home, but has been faced with some major legal problems, due to the Code Enforcement citation. He stated his client has made a substantial investment in his property, which occupies the 25 feet in question, and felt that the balance of the harm done to his client, versus some assessment program that may or may not happen, and the ability of the County to accommodate it in land other than the land which his client occupies, seems to be in favor of his client, who relied on the Building Department and built his home and pool. He then read the letter which his client had received from Code Enforcement into the Minutes. It was noted that just the shrubs and sprinkler system were actually in the easement - the pool is not.

Mr. Newell Cook, the developer of Lake Joanna Estates, appeared before the Board stating that, around 1980, he tried to close the north side of the easement in question, however, was unable to contact one of the property owners involved, therefore, it was put off. Then, in October of 1990, in working with Mr. Stivender, Director of Public Works, he was able to work out an arrangement to close it. He stated the individual being harmed by the present situation is Mr. Ennis (applicant) and he would like to see the harm removed.

Commr. Gregg noted that if the Board approved the request to vacate, it would not have any affect on legal or physical access that is now being used.

Mr. Davey Jones, the owner of Lot 41, in Eichelberger Estates (subdivision which is on the south side of the easement in question), appeared before the Board stating that he had no objection to removal of the easement, as North Side Drive (road involved) is perfectly adequate for access. He stated that the encroachment that is being mentioned does not bother him, nor did it bother the bank when they sold him his home.

Mr. Harold Natzke, the owner of Lot 39, on North Side Drive, in Eichelberger Estates, appeared before the Board, in opposition, stating that if the easement is closed, it is going to create a harm to the entire Eichelberger community, noting that they need it open for emergency vehicles. He submitted a letter of opposition, for the record.

Mrs. Betty Jo Natzke, wife of Mr. Harold Natzke, appeared before the Board, also in opposition, stating that she felt the Board should give Mr. Ennis the allowance he needs for the pool, but direct him to move the shrubs and fence back to the property line. She also noted a concern about access being available to emergency vehicles.

Ms. Harriet Hagadorn, the owner of Lot 36 and half of Lot 37, on Grove Street, in Eichelberger Estates, appeared before the Board stating that her family is the one that will be most affected, if the road is closed. She noted that her elderly father, who requires hospital care from time to time, lives with her, and that it would cause her a hardship in trying to get him to the hospital, should he need to go. She also stated that, if there should ever be a fire, accident, or any other type of problem that would tie up traffic on Joanna Drive, she would be locked in, as there would be no other way for her to get in or out. She stated she feels for the Ennis family, but that the road should remain open.

Mr. Richey reappeared before the Board stating that, by closing off the easement, they were not closing off anything that is currently being used, occupied, or enjoyed by anybody. He requested the Board to vacate the property that is subject to the Lake Joanna plat, and leave the property that is in the Eichelberger Estates as it is.

Commr. Swartz stated that someday the right-of-way in question may be needed for a special assessment, therefore, he suggested, first of all, to issuing a license agreement to Mr. Ennis, granting him the ability to leave the shrubs and sprinkler in the easement, as long as need be, unless something is put into the easement, and, secondly, to send to the Board of Zoning Appeals the Board's recommendation that they grant the necessary variance to the setback, to allow the pool enclosure and pool to remain.

Commr. Gregg stated that, under the circumstances, with the existing unpaved road being on what is the dedicated right-of-way, and legal access being assured, he did not have a problem with granting the request for vacation. He stated that, regarding the issue of a special assessment, he did not see Mr. Cook, Tench, or Ennis ever voting to do a special assessment accessing the back of their lots, therefore, did not see how the County could arrive at the necessary requirement for a special assessment. He stated that he did not see it as a viable alternative down the road, no matter who is living on the lot, to which Commr. Bailey concurred.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved Road Vacation Petition No. 652, for Arthur P. Ennis, by Steven J. Richey, to vacate portion of easement, Lake Joanna Estates.

Commr. Swartz voted "No".

RECESS & REASSEMBLY

At 10:55 a.m. the Chairman announced that the Board would recess until 11:00 a.m., for a public hearing.

AMBULANCES-HOSPITAL DISTRICTS/CONTRACTS, LEASES & AGREEMENTS

Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board to discuss the matter of the ambulance contract the County has with Florida Regional Ambulance Services, also known as Lake Sumter Emergency Medical Services. He stated that, in reviewing the contract with their staff, there were five (5) major areas which were discussed - the first being the area of purchases of capital equipment, noting that the provider feels that they would be able to purchase capital equipment quicker and cheaper than Lake County Purchasing. He stated that, at present, the County provides $140,000, per budget year, towards capital improvements, and, as far as the contract is concerned, that equipment is the property of Lake County. He stated the second

area of concern was a request by Lake Sumter Emergency Medical Services for a minimum of $50,000, on an annual basis, of the State award money, which is $5 from each traffic violation that goes to the State and is returned to the County for enhancement of prehospital care and ambulance services. It was noted that as Lake County grows, said fund will grow; therefore, the provider is requesting that, in future years, they be allowed to utilize a minimum of $50,000 of the fund and a maximum of 50%, as the fund increases.

Mr. Al Thelen, County Manager, interjected that the current contract does not speak of this money, and he stated that there has been some communication problems in just who was going to use that money, and where, noting that both sides felt there ought to be an item in the contract that dealt with it, and this is what they mutually agreed to, at least, from staff's standpoint.

Mr. Strickland stated that the third area is the provider's request that the contract have a two (2) year turnover, or notice of turnover, noting that the first year the County would have four years in the contract, before it would expire. He stated that, at the two year mark, if either party decided to get out of the contract, they could notify the other party, and the contract would expire, unless it was renegotiated within two years.

The fourth area is that the provider is requesting a $10,000 increase in the subsidy for the four year period of the contract. He stated that this would mean that the provider would receive a total of $500,000 per year for the ambulance service, capital purchase, and fire dispatch; however, it would not include the $55,000 from the State award grant.

The fifth area is a requirement for a formal complaint system. He stated that the only addition to this change is that the staff would recommend wording to be added to the clause that any complaints would utilize a formal complaint procedure established by the County.

A brief discussion occurred regarding the complaint system and how the present system works.

Mr. Zeb Osborne, Waterman Health Care Systems, appeared before the Board to address the matter of the complaint system, stating that last year the EMS service ran about 18,000 calls, and only had 20 documented complaints out of that 18,000.

Mr. Bill Compton, Executive Director of Florida Regional Emergency Medical Services, appeared before the Board stating that one of the key issues that they had discussed with Mr. Strickland and Mr. Thelen, in reference to the purchasing, is that they have found, through experience, that in purchasing large capital items, such as ambulances, which they purchase at an average of about one per month, that they can pass on significant savings by purchasing them through one purchase order, at one time. Therefore, the proposal which they proposed to Lake and Sumter County is that, if the County can give them the same amount of capital funds that they are presently receiving, then they would give the County a vehicle amortization plan, title all the vehicles through the County, so that they would remain county property, but could be purchased without going through individual RFPs and Board approval, for every truck. He stated that by doing so, they would be able to save approximately $70,000 to $80,000 per year, just in truck purchases alone.

Commr. Swartz questioned how the County could monitor and insure that the funds are being spent they way they should, to which Ms. Annette Star Lustgarten, County Attorney, interjected that the agreement would address such a procedure, so that the County would have oversight as to what those purchases were, on an annual basis.

Commr. Bakich stated that he felt the recommended changes that both Waterman and staff are asking for are within reason.

Mr. Ed Havill, Property Appraiser, questioned the Board, in the interest of the taxpayer, as to whether the cost savings were going to be passed on to the County 100%, to which Commr. Swartz replied that 100% of the cost savings should accrue to the County in the form of additional equipment.

It was noted that no action was needed at this time, regarding this matter.

OTHER BUSINESS

FIRE PROTECTION

Mr. Claude Smoak, former commissioner, appeared before the Board to discuss a newspaper article he had seen in a local newspaper regarding the matter of the County's firefighters, which he found to be very disturbing. He stated that the statements made in the article were extremely upsetting to the volunteer firefighters, and to the people in the County, at which time he requested the Board to follow along with him, as he read the article, stopping numerous times and questioning various members of staff, as well as the commissioners, as to whether or not they had made certain statements mentioned in the article, such as firing firefighters; cutting their budget by $800,000 next year, due to having a shortfall in funding; that the County no longer plans to supplement the firefighters' budget with property tax money; a concern that County officials have about the fairness and legality of continuing to fund fire departments with property tax money, because city residents pay the taxes but do not get County firefighting service; that the people of Lake County had been let down by a unanimous vote and now the County will be providing less fire and rescue service; and that a reduction in service could translate into a higher fire insurance rate for some of Lake County's residents.

Mr. Smoak stated that the County is going to have more money to spend, and there is no reason to reduce services. He stated that Commr. Swartz was trying to build a case for more taxes, before it is fairly presented to the public. He stated that what the Board needs to do is clarify the position of the Board, noting that the people of Lake County deserve good information. He stated they need information from the majority of the Board, and do not need this type of scare tactic, that lets them think if they were a volunteer, that what they have to work with now is going to be considerably reduced and that homeowners think their insurance rates may go up. He stated that, at some point in time, the truth has to be told, and the truth cannot be told until the Board makes a decision. He stated the truth is that the County is now collecting enough money to run the Fire Department, at which time he distributed a handout, which he noted he had obtained from Mr. Strickland, Director of Health & General Services, containing two charts, one indicating a breakdown of the Lake County Fire Protection budget from FY 85/86 to FY 90/91, and the other indicating the status quo Fire Protection budget for FY 91/92, as of April 24, 1991. He then reviewed said charts with the Board.

Mr. Smoak then stated that, if the Board wants to scale down government and reduce overhead, they need to cut back on the expansion of government employees, noting that, providing the County can still get the billing out on the non-ad valorem assessments, to do away with the Special Revenue Department and save the County $168,000. He mentioned various other ways the County could come up with additional monies, after which he noted that the County would have one-half million dollars that it could spend for real needs - equipment, people, and a just compensation level to the volunteers, noting that they presently get zero to $10.00, which he found to be absurd. He stated that the volunteers need some help, some recognition, and to be patted on the back by the Board of County Commissioners - they do not need this kind of stuff. He requested the Board to regain control of the government in Lake County and to, somehow, not let the people of this County continue to be misinformed by action that has never been taken by the majority of elected people of the County.

Mr. Ed Havill, Property Appraiser, appeared before the Board stating that the newspaper article which former commissioner Claude Smoak had discussed was totally irresponsible, noting that he had received a lot of calls from people who were very upset by what

they had read in the newspaper. He also stated that he had spoken with Mr. Bob Duty, with the Forestry Service, regarding the duplication of services, and what they do regarding fire services. He suggested that Mr. Strickland discuss with Mr. Duty how staff can better coordinate with the Forestry Service in this County, concerning fire services.

Mr. Havill then brought up for discussion the matter of the possibility of increasing the tax roll, stating that if staff works fast they can put it on the Trim Notice, which will be sent out around August 21 or 22, 1991, noting that he felt the individual billing in the rental parks needs to stay the same as it was in the prior five years. He stated he felt the Special Revenue Department should be abolished completely, and that the $35 structure tax and the $5 lot tax is due this year, depending on the condition of the roll which was put together by the Special Revenue Department, however, the County needs to determine whether it is a lot tax, or a buildable lot tax that they are talking about. He stated that, in the future, his office will handle any new non-ad valorem taxes, if they are approved by referendum, not by a public hearing.

Commr. Bailey stated he would like staff to look into the matter, see if they could put it together, and bring it back to the Board, at which time the Board will decide if they want the Property Appraiser's Office to do it or whether they want to keep the Special Revenue Department.

Commr. Gregg interjected that if the Property Appraiser's Office can do it, then he would be in favor of abolishing the Special Revenue Department and letting them do it, as the Board needs to look at every cost, hard. He noted that he, too, shared Mr. Smoak's feeling about the article that appeared in the newspaper, and that he did not feel the Board was letting the people of Lake County down. He stated that the Board had a responsibility to honor the referendum of 1984, and felt they were violating a public trust, by not doing so.

Regarding the matter of the Special Revenue Department, Commr. Bailey stated he was never for it, and would like to see it abolished, and have those funds be put into the Fire Department budget. He stated the Board now needs to move forward and live with the situation the way it is, to which Commr. Gregg concurred.

Ms. Annette Star Lustgarten, County Attorney, interjected that what the Board did at the Ag Center meeting was adopt the existing fee schedule, which was voted on and put into place through enactment of ordinances. She stated that they also adopted a non-ad valorem assessment roll, based on that fee schedule. She stated they are not required, at this point in time, to put it on a Trim Bill, due to the fact that was a public hearing on the non-ad valorem assessment. She stated that all the County is now required to do is send a certified roll to the Tax Collector, which will be based on the combined non-ad valorem assessment/ad valorem bill that goes out. She stated that, as far as the issue of passing the tangible personal property roll for mobile homes, as opposed to the mobile home park owners, there is a constitutional prohibition, which she noted she would put into a memorandum to the Board. She stated that it is the real property that is required to be assessed, as provided for in the Florida Statutes, based on a constitutional restriction.

No action was taken at this time.

RECESS & REASSEMBLY

At 12:15 p.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

REZONING

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved a request for a 30 day postponement of the following cases, which are to be renoticed, until the Board Meeting of August 20, 1991:

#30-91-3 Cherry Lake Farm, Trust

CUP#91/5/3-5 Frontline Properties, Inc.

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. 175A-84-3 AMEND MP ORD. #11-85

FLORIDA MINING & MATERIALS CONCRETE CORPORATION

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board stating that since the last meeting regarding this case, he had met with several property owners in the neighborhood of the concrete plant, as well as the district Commissioner, Commr. Hanson, who requested some buffering and a change in the mechanism of some of the machinery which is used at the concrete plant. He stated he had indicated to the property owners that these things would be done, however, noted that they have not been done yet. Due to this fact, he requested the Board to allow his client a 30 day postponement, to allow a reinspection, to verify that said changes have been made, and to allow Commr. Hanson to review them, before the Board votes on the matter.

No one was present in the audience in opposition.

There was a brief discussion regarding what the hours of operation were going to be, at which time Mr. Richey stated it was his understanding that the hours of operation were going to be from 6:00 a.m. to 6:00 p.m., with no deliveries until after 7:00 a.m. Mr. Richey stated that another area of concern was a gate valve, which is spring loaded, that has since been converted to a slide, in order to make it quieter.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request for a 30 day postponement, to amend MP Ordinance #11-85, in order to enable the district commissioner to verify that requested changes have been made.

PETITION NO. 59-91-5 RR TO A FRONTLINE PROPERTIES, INC.

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board stating her client was requesting that the property in question be down-zoned to agricultural, which she noted would be the proposed land use category under the new Lake County Comprehensive Plan. She clarified the fact that this did not have anything to do with the Conditional Use Permit for exotic animals, which she felt some individuals in the audience were present in opposition of.

Ms. Mary Gerding, a resident of the Umatilla area, appeared before the Board stating her concern was that if the rezoning request was approved, it would take away from the conditions of the Conditional Use Permit, which she stated she was very much opposed to.

The County Attorney, Ms. Annette Star Lustgarten, was questioned as to what uses would be permitted under the new Comprehensive Plan, for the agricultural zoning classification, to which she responded that the uses which are currently permitted in the agricultural district will be the same, until such time as the new Land Development Regulations are adopted which may change those permitted uses.

Mr. Greg Stubbs, Director of Current Planning, interjected that said change is consistent with the existing Comprehensive Plan.

A motion was made by Commr. Bakich and seconded by Commr. Gregg to approve a request for rezoning from RR (Rural Residential) to A (Agricultural), for future agricultural related uses.

Commr. Swartz stated that he would not oppose the rezoning, because he felt it was appropriate and in compliance with the Comprehensive Plan, but, wanted it to be known that this did not imply, necessarily, approval of the other issue.

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

PETITION CUP#91/5/3-5 CUP IN A FRONTLINE PROPERTIES, INC.

This case had been postponed, prior to the start of the Rezoning portion of this meeting, however, Commr. Swartz stated that since the Board had postponed the request for 30 days, he was

unclear as to what permits and/or licenses were required for this type of activity, and understood that there is a change in the relationship as to who is now involved, and whether the permits or licenses are available. He requested staff to obtain some kind of letter or memorandum from the Game & Fresh Water Fish Commission that would indicate what the latest is on the case, and make it available to the Board for the next rezoning meeting.

PETITION NO. 98-84E-4 AMENDMENT TO PRELIMINARY PUD

ORD. #48-89 COUNTRY GREENS (CONWAY KITTREDGE)

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board stating that this was an existing PUD which had been brought before the Board, at an earlier date, and for which they had obtained an extension, with the understanding that in a couple of major areas they would bring back an amendment to that PUD, which would update it, and make it reflective of the kinds of conditions that were being placed on similar PUDs. She stated that when they brought the case before the Board for an extension, they outlined areas that would be updated, however, it was staff's and the County Attorney's determination that those were major amendments to the PUD, so they have gone back through the entire PUD process, with no additional requirements, starting back through the Technical Review Committee.

Ms. Bonifay suggested that the County set up a way to review large scale projects in Lake County, so that there is an exchange between the developer and his consultants, and county staff, noting that she was concerned about how applicants are notified of changes made to CUPS, noting that sometimes they are notified at the last minute.

Ms. Bonifay stated that all the changes shown in the PUD ordinance, the strike throughs and underlines, are changes that were made by the Planning and Zoning Commission from what staff had proposed. She stated that the substantive issues deal with the area of public facilities, noting that it should say "when available", due to the fact of the project being served by regional/subregional water and wastewater facilities. She stated what the developer is proposing to do with the development, noting that it would be a golf course community. She requested the Board to leave the language as recommended by Planning and Zoning. She stated that the only problem her client had with what was approved by Planning and Zoning, in the PUD ordinance, is under Section C (4.), where they request that a traffic study be provided, to address the impacts of this development on the County and State road systems, due to the fact that they feel there is an ample level of service on the road, and the traffic is pretty straight forward coming out of the area in question. She requested that the Board consider deleting the portion of the ordinance dealing with the traffic study, but to approve what was recommended by the Planning and Zoning Commission.

Commr. Bakich stated a concern he had regarding a Technical Staff Report the Board had received from Pollution Control, dated June 12, 1991, regarding wording proposed by them for inclusion in the PUD ordinance, as well as a statement under the Revised Public Facilities Conditions, that the project shall provide for maximum utilization for reuse of effluent, in accordance with the Conservation Element of the Lake County Comprehensive Plan, at which time a brief discussion occurred regarding it.

Upon being questioned as to whether her client would have any objections to the wording contained in the PUD Preliminary Development Plans, Revised Public Facilities Conditions, by Pollution Control, dated June 15, 1991, Ms. Bonifay stated that they would not have any objections to the changes added to II. (A.) (1.) on the first page, nor to (2.) on the second page, however, would recommend that the Board not accept the changes made to (3.), on the second page, due to the fact that the Planning and Zoning Commission did not accept the language in said paragraph.

A brief discussion occurred regarding the matter of the language contained in paragraph (3.), concerning the reuse of

effluent, at which time Mr. Jim Barker, Director of Pollution Control, answered questions by the Board.

Commr. Gregg stated he was concerned about the fact of the Board receiving requests for changes, like the one being discussed, the hour and minute it is to be voted on, noting that he would not vote to incorporate any of the language contained in the memo from Pollution Control into the PUD ordinance, this date, to which Commr. Bailey concurred.

Commr. Bakich requested Mr. Barker to come up with some different language, regarding the reuse of effluent, that will possibly accomplish the same thing, as he does not want the County to get into a situation where it is overburdening the development in question, nor does he want those people that will reside within the development complaining to the Board.

Discussion continued regarding the matter, at which time Commr. Swartz stated that the language being discussed is the same language that has been in other PUDs for water and wastewater that have been approved since the Sugarloaf Mountain issue, to which Mr. Barker stated that this particular wording is the same, except for the clarification which has been placed in this one (the underlines and strike throughs). He stated that they would still recommend that the original language be left intact, noting that the document being discussed was only a reiteration of Pollution Control's original recommendation, with clarification, based on questions from the Planning and Zoning Commission.

Ms. Bonifay interjected that everything that is struck through is what the Planning and Zoning Commission rejected. She stated that Commr. Swartz was right in that the language contained in this document is what was in earlier projects; however, the reason the Planning and Zoning Commission struck through said language is because they have questioned said language repeatedly, noting that their vote speaks for itself. She stated that they are not satisfied with the language, and do not feel that is is appropriate. She stated that even though they have let the language go by on other occasions, they did not let it go by this time, which she felt was a significant statement on their part to take the time to go through it line by line and paragraph by paragraph.

No one was present in opposition to the request.

A motion was made by Commr. Gregg to uphold the recommendation of the Planning and Zoning Commission and approve a request for an amendment to preliminary PUD Ordinance #48-89, to permit single-family estates and a golf villa, instead of mobile homes.

Commr. Bakich seconded the motion, for purposes of discussion, at which time he stated that he was concerned with what the Board may be creating down the road.

The Chairman called for a vote on the motion, which was carried, with Commr. Swartz voting "No".

PETITION NO. 67-91-3 A + CUP#385-3 THRU CUP#385f-3 TO R-1-15

FLORIDA CRUSHED STONE

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board stating that the property in question is the old Tully Sand Mine, which has been operated by Florida Crushed Stone for years, and the CUPs which the County has on it are ones that had to do with the sand excavation. He stated his client was getting ready to enter into a process of reclamation that exceeds any of the permits that are required, therefore, they wanted some level of density that would give his client the economic value of the land and justify exceeding the reclamation.

Commr. Bakich stated he had a problem with straight zoning a parcel the size of this development.

Mr. Richey suggested that the Board postpone action regarding this request for 30 days, to allow the commissioners an opportunity to view the reclamation which he alluded to, rather than vote the request down.

No one was present in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request for a 30 day

postponement, to be readvertised, before taking action on this request, to allow the commissioners an opportunity to view the site in question.

PETITION NO. 73-91-2 AMEND CP ORD. #14-83 TO REZONE FROM

R-1-7 TO CP OSCAR & PATRICIA SMALLWOOD

No one was present in opposition to the request.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board stating that this request pertains to a piece of property that was zoned CP, with a site plan on half of it, noting that no site plan was approved for the second half, which his client owns. He referred to a letter of opposition which was received from the City of Leesburg and explained why they opposed the request. He noted that he disagreed with their reason for objection, which involved whether or not the property in question fronts a county road.

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 to amend CP Ordinance #14-83, Paragraph 3 (a) (Parcel A), to rezone from R-1-7 (Urban Residential) to CP (Planned Commercial), for construction of an auto repair shop, subject to site plan review by Technical Review Committee only.

PETITION NO. 80-91-1 A & RR TO PFD JOHN F. MILLER

(COCA-COLA FOODS, INC.)

Mr. Steve Richey, Attorney, representing the applicant, on behalf of Coca-Cola Foods, appeared before the Board stating that his client is in the process of attempting to add approximately 53 acres to an existing spray field, in order to improve and enhance the present operation. He stated that the plant, located in Leesburg, has been upgraded, remodeled, and expanded, and the additional acreage will allow Coca-Cola to better manage the existing spray fields in operation. He noted several areas that surrounding neighbors have concerns about, regarding the project, present and future. He then discussed the issue of buffering for the project, noting that where they cannot plant citrus, they are going to provide a way to prevent any erosion, so that they continue to upgrade the existing facility.

Mr. David Keough, engineer for the project, appeared before the Board and reviewed an aerial map, indicating the property in question, at which time he discussed some wetlands on the property and how they would be handled, as well as the issue of buffering, to prevent runoff. He noted they would construct the facility in keeping with the terms of the proposed PFD conditions.

Commr. Gregg read into the Minutes a letter from Mr. John Cox, Jr., Manager of the Leesburg Coca-Cola Food's Minute Maid Plant, which was directed to the homeowners surrounding the property in question, in answer to some concerns which were discussed between he and Mr. Cox during several conversations they had over the course of a year, as he did not like the original proposal which was submitted. The letter mentioned, among other things, that their goal is to be a good corporate neighbor, and that each of the homeowners would have their commitment to working with them, in the spirit of cooperation and concert.

Ms. Elizabeth Andrews, a local resident who lives on Shady Acres Road, appeared before the Board stating that everybody has been great in explaining what the plant is going to do, and they are satisfied, as far as the runoff, the retention ponds, the replanting and the buffering is concerned. She stated, however, that her chief concern was the possible pollution of their well water, as she is downhill from the spray field, at which time Commr. Gregg stated he was going to request the applicant to do quarterly samplings of wells between the present boundary and the proposed boundary of the lake, which would allow them to detect any problems before they affect the surrounding neighbors.

Ms. Andrews stated she would like a test to be done, establishing the quality of her water, before they started to spray, and then do quarterly samplings.

Mr. Jim Barker, Director of Pollution Control, addressed Ms. Andrews' concerns, referring to Paragraph 7, on Page 3, under the Conditions, which are to be included in the Public Facilities District Ordinance, stating that it goes into a very detailed explanation of setbacks and samplings, noting that staff is very cautious not only to require that acquifer wells be tested and sampled, but that shallow wells be tested, as well. He stated that, if the spray field becomes a problem, then the County will take appropriate corrective action.

In answer to a question by Ms. Andrews regarding an overflow out of the wetlands across the street from her house, he stated it is primarily due to the excessive rainfall the County has had and the fact of exceeding stormwater design.

Commr. Swartz congratulated Mr. Barker and his staff on their report, noting that it was one of the best written reports, dealing with the matter under discussion, he had ever seen.

On a motion by Commr. Gregg, 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 A (Agricultural) & RR (Rural Residential) to PFD (Public Facilities District), for an irrigation sprayfield for Coca-Cola Foods, Inc., with additional language added, requiring quarterly monitoring of surrounding wells, as well as the language incorporated in the letter from Mr. John Cox, Jr., Manager of the Leesburg Coca-Cola Food's Minute Maid Plant.

PETITION CUP#91/6/3-4 CUP IN C-1 RONALD & DONALD STEPHENS

No one was present in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for CUP in C-1 (Rural or Tourist Commercial), for placement of a mobile home on site for use as a caretaker's residence.

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

PETITION NO. 71-91-4 RR TO R-1-15 JUDY SPEARS REED

No one was present 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 RR (Rural Residential) to R-1-15 (Residential Estates), for construction of a single-family residence.

PETITION NO. 79-91-3/4 RP AND R-1-7 TO CP BILL BAKER - BAKER GROVES, INC.

Commr. Bakich noted a concern he had with the request, as far as a health hazard or safety hazard is concerned, with any future development that might be coming in, adjacent to the property in question. He suggested a possible netted fence being installed along the property lines, at such time as there is development adjacent to the property.

Mr. Tom McCann, with Farner-Barley & Associates, appeared before the Board stating that he was the engineer for the project, and addressed the matter of adjacent properties, stating that the applicant owns, in one parcel, all the surrounding properties to the west of Mt. Homer Road. He stated that Mr. Baker has plans to erect a protective fence barrier along Mt. Homer road. He stated he would see that the City of Tavares receives a final site plan, when they submit it to the Technical Review Committee, as they have expressed concern over some items which he feels it will cover. He noted some areas which they are in agreement with county staff, and other areas which they are not.

Mr. Richard Dean, one of the owners of Baker Groves, appeared before the Board stating that they have no plans to do anything on the west side of the property in question, other than plant orange groves. He stated they are not in the development business.

Mr. Don Griffey, Director of Public Works, appeared before the Board and discussed the paving of Mt. Homer Road, noting that Mr. Baker had given the County 50 feet along said road, in order to do so. He stated it was staff's understanding that access would be from Mr. Homer Road, and not from U.S. 441, noting that they would encourage that.

Discussion continued regarding the fact that access would be off Mt. Homer Road, and that the necessary screening would be along the east side of the property and Mt. Homer Road.

On a motion by Commr. Gregg, 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 RP (Residential Professional) and R-1-7 (Urban Residential) to CP (Planned Commercial), for a golf driving range, with inclusion of screening along Mt. Homer Road; that access be off Mt. Homer Road; and that it include the elimination of the buffer to the west and south of the property.

PETITION NO. 75-91-3 RR & R-1-7 TO R-1-15

WILLIAM AND GRACE STOSBERG

No one was present 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 RR (Rural Residential) & R-1-7 (Urban Residential) to R-1-15 (Residential Estates), for development of single-family residential lots.

PETITION CUP#88A/2/5-2 AMEND CUP#88/2/5-2 KNUT KJENSLIE

No one was present 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 to amend CUP#88/2/5-2, to add additional land to existing site for gliderport/airport, and homes with hangers.

PETITION NO. 70-91-1 RR TO PFD BETTY L. NEWMAN AND

RICHARD B. WIGGINS

No one was present 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 RR (Rural Residential) to PFD (Public Facilities District), for an adult congregate living facility.

COMMISSIONERS

At 3:40 p.m. the Chairman turned the chair over to the Vice-Chairman, Commr. Swartz.

PETITION NO. 76-91-1 RA TO AR CARL LOMBARDO AND RICHARD RINI

No one was present in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RA (Ranchette) to AR (Agricultural Residential), for construction of a single-family residence.

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

COMMISSIONERS

At 3:45 p.m. the Vice-Chairman, Commr. Swartz, returned the chair back to the Chairman, Commr. Bailey.

PETITION NO. 127-89A-1 ONE YEAR EXT. OF PUD ORD.#58-89

HAN SEOP YOO AND U SUNG REE

No one was present 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 a one (1) year extension of approved preliminary Planned Unit Development Ord.#58-89.

PETITION NO. 78-91-1 A TO RE JOHN LOVE

No one was present 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 A (Agricultural) to AR (Agricultural Residential), rather than RE (Rural Estates), as the applicant had requested, or to RR (Rural Residential), as the Planning and Zoning Commission had approved, for construction of a single-family residential development.

PETITION CUP#802A-1 AMEND CUP#802-1 JOHN LOVE

No one was present 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 to amend CUP#802-1, to add additional land to existing airport, for a residential airport development, with attached aircraft hangars on lots, with the stipulation that the number of homesites be limited to 20.

PETITION NO. 68-91-4 A TO PUD HERBERT MAYER, SR./

CROSS TIE RANCH

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board and discussed the particulars of the development, stating that the development in question is a single family residential development, with various size lots. She stated that the larger lots will have their own stables, and the smaller lots will share a common stable area. She briefly touched on the matter of open space, and a request for a wildlife inventory, using the methodology of the Florida Game and Fresh Water Fish Commission, due to the fact of the site being located in the Wekiva River Protection Area. She then listed various points of interest which would be considered assets to the development, noting that they are trying to attract young families, with children, into the area. She stated this development will attract those individuals that want a rural lifestyle, where they can have horses, yet, be near county roads, school facilities, parks, etc. She stated that Transfer of Development Rights (TDRs) are available for this project, noting that, since the development is in a one to 20 receiving area, and they are only asking for a density not to exceed 210 units, they will start out with 35 units, at one to 20, on 700 acres. She stated they will be required to purchase 175 TDRs.

Mr. Bob Huffstetler, Genesis Design Group, appeared before the Board, and responded to a question regarding the fact of sprinkler systems being installed in each of the homes in the development. He stated that there will be two additional agricultural wells located on the property and that they will pull two filler fire hydrants off each one of those, for the automatic sprinkler systems.

No one was present in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to PUD (Planned Unit Development), as amended, subject to the TDRs being acquired, at the density indicated, for construction of a single-family residential development.

Commr. Swartz voted "No", noting that his reason for doing so was due to a concern he had regarding the area that is being proposed for wildlife, noting that the only way for the wildlife to get to said area, is by way of the pedestrian walk ramp.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:00 p.m.

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DONALD B. BAILEY, CHAIRMAN

ATTEST:

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JAMES C. WATKINS, CLERK

SEC/7-16-91/7-26-91/BOARDMIN