The Lake County Board of County Commissioners met in regular session on Tuesday, August 20, 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; Richard Swartz; Catherine Hanson; C. W. "Chick" Gregg; and Michael J. Bakich (arriving at 9:30 a.m.). Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Director of Capital Improvements (sitting in for Al Thelen, County Manager); Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.

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

MINUTES

Discussion occurred regarding the Minutes of July 2, 1991 (Special Meeting), with the following corrections being made:

Page 1, Lines 27 and 32 - change "Betrune" to "Bethune".

Page 4, Line 16 - change "Jane" to "Jamie".

Page 6, Line 34 - Strike "or DCA".

Page 7, Line 29 - change "Macatel" to "McAteer".

Page 8, Line 1 - change "Cathleen Trawick" to "Kathleen Traywick".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the Minutes of July 2, 1991 (Special Meeting), as amended.

Commr. Bakich was not present for the vote.

Discussion occurred regarding the Minutes of July 2, 1991 (Regular Meeting), with the following corrections being made:

Page 13, Lines 13 and 14 - correct "Oak Claire" to "AuClair".

Page 19, Line 17 - change "site" to "building".

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved the Minutes of July 2, 1991 (Regular Meeting), as amended.

Commr. Bakich was not present for the vote.

Discussion occurred regarding the Minutes of July 9, 1991 (Special Meeting), with the following corrections being made:

Page 3, Line 33 - correct "Bakick" to "Bakich".

Page 7, Lines 22 and 26 - correct "Watts" to "Watson".

Page 10, Line 22 - correct "Joanie" to "Jonnie".

Clarification was made regarding other proper names.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the Minutes of July 9, 1991 (Special Meeting), as amended.

Commr. Bakich was not present for the vote.

Discussion occurred regarding the Minutes of July 16, 1991 (Regular Meeting), with the following corrections being made:

Page 8, Line 11 - correct "non-bond" to "no-burn".

Page 31, Line 14 - correct "Cochran" to "Cox".

Page 36, Line 33 - correct "Graphic Designs" to "Genesis Design Group".

Clarification was made regarding other proper names and issues.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved the Minutes of July 16, 1991 (Regular Meeting), as amended.

Commr. Bakich was not present for the vote.

Discussion occurred regarding the Minutes of July 30, 1991 (Special Meeting), with the following corrections being made:

Page 13, Lines 31 and 32 - Add for clarification: "The Board would not stop considering the acquisition of it, but would not proceed until the decision from the study was completed."

Page 1, Line 9 - Add: Gerry Clark, Assistant County Attorney.

Page 5, Line 13 - Change: "County Attorney's Office" to "Assistant County Attorney".

Page 10, Line 5 - Change: "Council" to "Authority".

Clarification was made regarding other issues.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved the Minutes of July 30, 1991 (Special Meeting), as amended.

MINUTES/ZONING

Commr. Swartz discussed the Minutes of June 18, 1991 (Regular Meeting), and stated that the minutes were approved by the Board, with clarification being made to the zoning case CUP#966A-4, David L. Brown, upon review by the Clerk's Office. He stated that the Clerk's Office verified that the motion stated in the minutes is correct. Commr. Swartz stated that discussion occurred after the motion was made, with Commr. Hanson agreeing to incorporate additional information into her motion, as follows: 4:1 sloping in 200 foot segments, but if at any point after a 200 foot segment was completed, they did not continue to plant citrus, they could return to the original requirement of the CUP, which is 2:1. He requested that the Board approve to include the additional language for clarification of the motion.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved the following additional language to be incorporated into the Minutes of June 18, 1991 (Regular Meeting), for clarification: "At the conclusion of each 200 foot phase, they will be reclaiming and then replanting citrus. If conditions change from the end of that phase, through another phase, or economic conditions change (freeze, etc), they will only be required to reclaim at 4:1 within each completed 200 foot phase, and at any time that they make the decision not to replant, they will revert back to 2:1."

Commr. Bakich was not present for the vote.

MINUTES

Commr. Bailey informed the Board that Commr. Bakich had left an amendment to the Minutes of July 30, 1991 (Special Meeting) with him, for the Board to consider.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved to reconsider the Minutes of July 30, 1991 (Special Meeting).

Commr. Bakich was not present for the vote.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved the following amendment to the Minutes of July 30, 1991 (Special Meeting), as requested by Commr. Bakich:

Page 18, Lines 2-4 - Add: "If it was an anonymous tip and did not deal with health, safety, or welfare, it should be put much lower in order of preference of items to deal with."

Commr. Bakich was not present for the vote.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Payment of County bills and bills of indigents, Warrant #139115 through Warrant #139493, for the following accounts:

General Revenue Paisley Fire District

Pasco Fire District County Transportation Trust

Capital Outlay Private Industry Council

Countywide Fire District Landfills

Animal Shelter Trust Fund Miscellaneous/Gas Fund

Mosquito Control Aquatic Weed

Countywide Library Northwest Fire District

Bassville Fire District Section 8

South Lake Fire District Mt. Plymouth Fire District

Commissary Trust Fund Emergency 911 Fund

Resort & Development Fund Tax Road Impact

Revenue Sharing Special Assessments

Northeast Ambulance Northwest Ambulance

Bonds - Contractor

New

4243-91 John S. Stevens d/b/a John Stevens Electric, Inc.

5005-91 Stephen R. Farley (Electrical)

5007-91 Donald L. Hanchar (General)

5003-92 Walt's Plumbing, Inc. (Walter R. Stevenson)

5008-92 Tommy Boles d/b/a Sync Plumbing

5009-92 James E. Burkepile d/b/a Service Electric Co.

4552-93 Ralph J. Thompson Roofing Contractor

Stipulations

599-91 Boatwright Electric

1565-91 Del Wood (Delmas Wood)

1817-91 Ronald E. Latow

3018-91 George Klokis

Cancellations

22-91 L. A. Young & Edward J. Skehan d/b/a Glen Haven

Construction Co.

195-91 Frank Bassett, Frank's Plumbing

369-91 William B. Bass

939-91 Earl Blackmon d/b/a B & H Roofing

1144-91 Harry E. Kreeger

1465-91 Curtis Kinney

1706-91 David Wieckhorst d/b/a Master Craft Builders

3030-91 Paula Kinney (Brown)

4757-91 Gordon Williams Plumbing, Inc.

4821-91 James R. Russell d/b/a Bubba's Construction

4824-91 Kenneth A. Hill d/b/a Hill's Aluminum

Accounts Allowed/Courts-Judges

a. Case No. 88-1408-CJ, David Matthew Harper, Juvenile, Ronald Harper and Catherine Harper, Parents, in the amount of $50.00.

b. Case No. 89-1047-CJ, Timothy James Clarke, Juvenile, Sandra Clarke, Parent, in the amount of $50.00.

Accounts Allowed/Assessments/Subdivisions

Satisfaction of Assessment Liens, as follows:

Harbor Shores/Pine Island

Don R. & Susan D. Schnidt, Jr. $1,050.80

Mount Plymouth Subdivision

Bruce C. Houdek $ 626.13

Bruce C. Houdek 671.25

R. E. Streckenback 456.41

Woodland Hills/Piney Woods

Barbara J. Rutherford & Jackie B. Rutherford $ 496.06

Lake Crescent View Development

Marcene M. Lake $2,684.48

First Street, Astor

Leslie & Frances D. Barnes $1,449.76

Palm Mobile Home Estates

Hobert & Betty Y. Neal $ 762.12

Wilbur Baker 762.12

Wilbur Baker 762.12

William James Bashista & Thelma J. Bashista 657.00

Roy & Alpha Lee Ehrhardt 657.00

L. Richard & Ann H. Fuller 662.78

Myron E. Horton & Virginia M. Horton 662.78

Lawrence D. Savage & Marjorie A. Savage 662.78

George W. Wainman & Dorothy I. Wainman 662.78

Richard P. & June Majocchi 662.78

William Thomas Abel & Lyndia Marie Abel 662.78

Earl G. Booth 739.52

So States Utilities Inc. 670.14

Charles F. Barbour & Gertrude A. Barbour $ 670.14

Cominic & Ruby L. Giordano 670.14

Clarence L. & Velma Stowe 670.14

Harriet Proctor 670.14

Trevor D. MacDonald & Irene H. MacDonald 1,005.21

Edwin S. & Laura H. Cozart 1,005.21

Harold Rosenberg & Frances Rosenberg 670.14

Richard & Irene Lemaster & Glen & Alice Hicks 670.14

Mariette Wroblewski & Paul P. Matuck, Sr. 670.14

Donald M. Flynn 670.14

Wellington W. Freese & Arlene R. Freese 802.85

Alexander C. Gibson & Angela M. Gibson 1,005.21

Oscar A. & Rachel M. Person 670.14

Fred & Ora S. Cleveland 1,340.28

Marlin L. Plymette & Eleanor M. Plymette 1,340.28

Edward J. Gogulski, Personal Representative 670.14

Wilfred H. Samsel 670.14

Gilbert William Harris & Barbara A. Harris 670.14

Anne D. Denoble and Claude W. & Anne D. Parker 670.14

Dorothy C. Cleveland & Charles S. Cleveland, Sr. 670.14

John P. Quackenbuch & John P. Quackenbush, Jr. 670.14

Don Allen 670.40

Virginia Steward 670.14

Jack L. & Frances Burton 670.14

Arthur E. & Barbara Knight 1,340.28

Charles S. Cleveland & Dorothy Cleveland 670.14

Morris L. Dillman 670.14

Kenneth E. Robinson & Helen E. Robinson 670.14

Marlea Bailey 670.14

Fred & Ora S. Cleveland 670.14

Raymond P. & Agatha Taylor 670.14

James F. & Jane H. Pate 657.00

COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding the County Manager's Consent Agenda. Commr. Hanson questioned Tab 11 regarding the request to encumber and expend funds to participate in the 1991 World Travel Market trade show, in the amount of $4,250.00, and whether or not there is a projection of the expenses involved with the request.

Mr. Dave Warren, Director of Tourist Development, appeared before the Board and explained the request, and stated that there are airfares and meals included in the costs.

COMMISSIONERS

Commr. Bakich arrived for the meeting at 9:30 a.m.

COUNTY MANAGER'S CONSENT AGENDA (CONT.)

Commr. Bakich discussed the numerous requests for expenditures that have been presented to the Board by the Tourist Development Council (TDC), and stated that he would like to review a "game plan" containing the direction the TDC is taking, and its accomplishments.

Commr. Bailey explained that Mr. Warren has presented recommendations to the TDC, to assist in promoting tourism in Lake County, which the TDC has approved. At this time, Commr. Bailey discussed the use of the tourist tax; the land located at Highways 19/27 and the turnpike and possible uses; the welcome center; and assisting the Industrial Development Authority (IDA) on approving the land. He stated that Mr. Warren has been hired to make recommendations for the promotion of tourism by utilizing the tourist development tax, and if this is not the direction of the Board, changes should be made.

Discussion occurred regarding the requests being to encumber and expend the necessary funds for recommendations that have been previously approved, and the idea being presented of going to London and attracting people to Lake County. Mr. Warren explained the concept of the trip to London. Discussion continued regarding the collection of the tourist tax, and it not being collected through the property tax.

Mr. Bob Newman discussed the idea of the tourist tax, and stated that the tax is actually being taken away from the property owner.

Commr. Gregg discussed the direction the Board has taken to cut the budget this year, and the impression that the Board may be presenting in approving a request for travel to London. He stated that, if this is the recommendation of the TDC, he will approve it, but next year he would like to see a survey as to what activity the County is receiving from Europe, in order to determine whether the expenses can be justified.

Mr. Warren discussed the tip sheets that are being kept on the toll free 1-800 phone system.

Mr. Buddy Buie, TDC member, appeared before the Board to discuss the position of the Committee. Mr. Buie discussed the procedures taken by the TDC in reviewing the budget and expenditures, and the decisions made for the different trade shows, which are selected on the idea of where the County can get the most exposure. He stated that the County is exploring new territory, with Mr. Warren charting each step of the way, and next year the figures will be measurable and accountable. Mr. Buie stated that the members of the TDC have also taken into consideration the economic situation, and supports the program and recommendations being presented by Mr. Warren.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Tabs 2-11, as follows:

ADMINISTRATIVE SERVICES-BUDGET

Accounts Allowed/Budgets

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

Accounts Allowed/Budget Transfers/Resolutions

a. Approval of budget transfers:

Fund: Mosquito Control

Department: Environmental Services

Division: Mosquito/Aquatic Plant

From: Operating Expenses/State I $2,000.00

Capital/State I $3,538.00

Operating Expenses/State II $ 260.00

Capital/State II $7,573.00

To: Operating Expenses/State II $5,798.00

Capital/State II $7,573.00

Transfer #: 91-0341

b. Approval of Resolution by Department of Corrections,

Detention Division, requesting that the General Fund

be amended in order to receive unanticipated revenue

in the amount of $10,204.00 for the months of March

and April for coinless operated phones in the jail

facility for inmate use only.

OFFICE OF MANAGEMENT AND BUDGET

1. Fund: Sales Tax Bond Construction

Department: Capital Improvements

Division: New Courthouse Project

From: Operating Expenses/

New Courthouse Project $350,000

To: Operating Expenses/

Main Jail Project $350,000

Transfer #: 91-0354

HEALTH & GENERAL SERVICES

Appointments-Resignations/Committees/Public Health

Request for the appointment of Ms. Joan Zeller to the District III Alcohol, Drug Abuse and Mental Health Council.

PLANNING AND DEVELOPMENT

Bonds - Mobile Home

Request to accept new mobile home bond for James E. Chapman - District 4 - Sorrento area.

Rights-of-Way, Roads & Easements

Request to accept the following non-exclusive easements for:

LARGE LOT WAIVER AND AGRICULTURAL WAIVER

Larry Galinski - District 3

Monette Settlemire - District 2

Russell Davis, Don Monn - District 5

PUBLIC WORKS

Deeds/Roads-County & State

Request to accept the following deeds:

QUIT CLAIM DEED

Craig L. Hegstrom and Traci P. Hegstrom - Round Lake Road -

#4-4183

STATUTORY WARRANTY DEEDS

William E. Suggs and Edna W. Suggs - Griffin View Drive -

#1-7212

William E. Suggs, Jr. and Wanda Suggs - Griffin View Drive -

#1-7212

NON-EXCLUSIVE EASEMENT DEED

John P. Adams and Ann D. Adams - Hancock Road - #3-1254

Municipalities/Resolutions/Roads-County & State

Request to execute a Resolution to transfer C-452 St. Clair Abrams Avenue to the City of Tavares.

Road Closings/Subdivisions

Request to advertise Road Vacation Petition No. 658, by Julius and Margaret Jones, to vacate portion of Road - Conant Subdivision, Lady Lake area - District 1.

Request to advertise Road Vacation Petition No. 664, by David C. Benzel, to vacate roads - Groveland Farms - Groveland area, District 2.

Accounts Allowed/Tourist Development

Request to encumber and expend funds to participate in the 1991 World Travel Market trade show, in the amount of $4,250.00.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER

Mr. Mike Anderson, Director of Capital Improvements, was present to discuss the request with the Board. Mr. Anderson stated that, when the Health Clinic was annexed into the City of Tavares, one of the requirements was to have a vegetative or fenced buffer between the contiguous properties. He stated that the approval of the rezoning request required that an architectural fence (wood and masonry) be placed between the clinic and the subdivision. The cost will be approximately $3,500.00, with bids being presented to the Board at a later date.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request by Capital Improvements for Change Order 3 to Scheveling Construction Company, in the amount of $1,984.00, for the Woodlea Road Health Clinic.

Accounts Allowed/Contracts, Leases & Agreements/Courthouse

Mr. Mike Anderson, Director of Capital Improvements, was present to discuss the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request by Capital Improvements for the amendment to the term in agreement between Lake County and William T. Lindemann for the extension of Threshold/Building Code Inspection Services for the Courts Building, and to encumber and expend funds, in the amount of $70,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS/MUNICIPALITIES

CONTRACTS, LEASES AND AGREEMENTS

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

Commr. Swartz suggested that the County inform the cities of these type of projects, and the time frames relating to the Countywide Resurfacing Program far enough in advance, in order that they have time to submit their projects.

Commr. Bailey introduced Mr. Buddy Buie, Mayor of Eustis, and Mr. Mike Stearman, City Manager of Eustis.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for Project No. 1-92, Countywide Resurfacing Program, at an estimated cost of $582,641.23, and authorization to proceed with the development of an Interlocal Agreement with the City of Eustis, to resurface the roads in the Pine Meadows area, at an estimated cost of $135,990.73 to be included in the Countywide Resurfacing Program, for a total cost of $718,631.96.

Mr. Stivender stated that the interlocal agreement would be coming back to the Board prior to the award of the contract.

ENVIRONMENTAL SERVICES/CONTRACTS, LEASES & AGREEMENTS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to execute a contract with Laidlaw Environmental Services. Mr. Findell stated that he would like to request approval of the contract, subject to approval by the County Attorney's Office, and execution of the contract by Laidlaw and the Board.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to execute a contract with Laidlaw Environmental Services for collection and disposal of household, small quantity generator and conditionally-exempt generator hazardous waste, subject to the approval by the County Attorney's Office, and execution of contract by Laidlaw and the Board.

AMBULANCE-HOSPITAL DISTRICTS/RESOLUTIONS

Mr. Lonnie Strickland, Director of Health and General Services, was present to discuss the request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request for a resolution merging the Northeast Ambulance Taxing District and the Northwest Ambulance Taxing District into the North Lake County Ambulance Taxing District.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, was present to discuss this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request and signature on the First Amendment to the Interlocal Agreement between Lake County and the City of Eustis relating to the collection of Lake County Impact Fees.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, was present to discuss the request with the Board.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request and signature on the First Amendment to the Interlocal Agreement between Lake County and the City of Umatilla relating to the collection of Lake County Impact Fees.

PUBLIC HEARINGS/TIMES CERTAIN

PETITION NO. 649 - Hampton Enterprises - Mt. Plymouth Area

At 10:00 a.m., the Chairman announced that the time had arrived for the public hearing on Vacation Petition No. 649, Mt. Plymouth area.

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that this request had been postponed from last month, and readvertised.

Ms. Cecelia Bonifay, Attorney representing Hampton Enterprises, Inc., appeared before the Board and stated that the request is to vacate certain fairways of the privately owned golf course, in order to do some reconfiguration of existing lots, which are contained within a very old plat.

Mr. Leonard Phillips, representing Green Thumb Garden Center Corporation, appeared before the Board and stated that he owns numerous parcels in Mt. Plymouth. At this time, Mr. Phillips discussed the history of the property in this area, which goes back to 1926, and stated that the approval of this request will affect many homeowners by blocking their visibility of the golf course, and that this will not enhance the value of their property. Mr. Phillips stated that the Hamptons should present all of their proposed changes to the Board at one time, and not nibble away at the golf course.

Ms. Bonifay stated that this request does not affect Mr. Phillip's property. She stated that the request is to reconfigure the vacant property, in order that Mr. Hampton utilize his own property and make it more useable for today's market. Ms. Bonifay stated that the Hamptons own and operate the golf course, and it has never been dedicated to the public. She stated that there are three lots, which are lots of record. At this time, Ms. Bonifay requested that she be allowed a rebuttal.

Mr. Phillips stated that there is no way that this request will enhance the value of his property. He stated that Mr. Hampton understood that when he bought the property, it was not buildable property.

Mr. Jim Neece appeared before the Board and stated that he owns the first two lots to the left of the Green Thumb property. Mr. Neece stated that there is nothing across the street but fairway, and that, if he chose to sell his property, it could be sold as golf site property. He stated that he bought the property in January with the understanding that no one could build around him. Mr. Neece stated that the request will depreciate his home and property, and that the terms in his contract indicate that he is not allowed to do anything that will depreciate the value of his property. He further stated that the lots are not buildable, and that he was of the understanding that all of the property across the street was a golf course. At this time, he discussed the Mt. Plymouth Subdivision restrictions, and that the people, at one time, had some say so in the development of the golf course. Mr. Neece stated for the record that he and his wife, Gloria, are strongly opposed to the request, basically due to the depreciation of the land value.

Commr. Hanson stated that she did not feel that Mr. Neece's property could be sold as golf front lots, because of the road that runs between his property and the golf course, with Mr. Neece indicating that he did not know that the Hampton's property were lots of record.

Ms. Bonifay stated that, when the property is replatted, the owner will have to come in under current subdivision regulations. Ms. Bonifay stated that they are lots of record, and they are buildable. She stated that the property owners did not want Mr. Hampton to utilize his property to his benefit, but in turn, they want to benefit from him being disallowed any development of his own, so that they can have a golf course view and enhance their property to his detriment. Ms. Bonifay stated that, because of the current configuration of the property, Mr. Hampton can build at least one home now. At this time, Ms. Bonifay discussed the current plat, the Hampton's vested right in the basin area, the surveying error, and the vacation of portions of the fairway.

Commr. Hanson stated that years ago Mr. Hampton gave the County right-of-way for the paving of the road, which had an effect on the size of his lots. She further stated that there is no guarantee that this property will remain as a golf course.

Mr. Stivender clarified the previous road vacation, (Petition No. 483), which was approved, and according to the surveys in the file, there was an assumption made by the surveyor that there was no need to vacate a portion of the plat. Therefore, he designed the lots, and now a determination has been made that the property does need to be vacated.

Commr. Bailey stated that the public hearing portion of the discussion has been closed, with the decision being with the Board.

Commr. Hanson made a motion, which was seconded by Commr. Gregg, to approve Petition No. 649, by Hampton Enterprises, Inc., by Cecelia Bonifay, to vacate portion of fairways, Mt. Plymouth Golf Club, Mt. Plymouth area, District 4, as advertised. She stated that she feels that the request will enhance the property owners' homes with nicer homes on larger lots, with no more than three being developed.

Under discussion, Commr. Swartz stated that, approximately one and a half years ago, when major vacations were made to the golf course, he voted against the vacation, because of his concern with the Board establishing the policy that open space and golf courses are synonymous. Commr. Swartz stated that he is concerned with the idea of a golf course being considered as open space, and then vacating the property. He stated that Mr. Hampton can use the property to build at least one home now, or make additional golf course.

Commr. Hanson stated that the difference is that this property has never been dedicated to the subdivision, with the subdivisions today being dedicated. She stated that the property is privately owned, and is not owned by the public.

Commr. Bailey stated that the owner can presently build one or two homes, and that, by approving the request, it will improve the configuration of the property, which will allow a better plan, and therefore, he will support the request.

Ms. Annette Star Lustgarten, County Attorney, stated that there is a title concern, and that the resolution will not be recorded, until the issue is resolved.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote.

Commr. Swartz voted "no".

PETITION NO. 653 - William J. Richardson - Mt. Plymouth Area

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

Mr. Richardson, petitioner, was present in the audience.

No one present wished to speak in opposition to the request.

Mr. Stivender stated that all stormwater requirements and swales have been met.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board approved Petition No. 653, by William J. Richardson, to vacate road, Mt. Plymouth area, District 4, as advertised.

Commr. Gregg was not present for the vote.

PETITION NO. 654 - The 347 Corp. - Lady Lake Area

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with Board. Mr. Stivender stated that the property owners own everything north, south and east of the property in question, and that the County maintained clay road runs east and west. At this time, he asked for approval of the request.

It was noted that the petitioner was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved Vacation Petition No. 654, by The 347 Corporation of Florida, to vacate portion of right-of-way, Lady Lake area, District 1, as advertised.

PETITION NO. 655 - Jimmy Sloan - Clermont Area

Mr. Jim Stivender, Director of Public Works, informed the Board members that there was a letter before them requesting a 30 day postponement. At this time, Mr. Stivender explained the request. Mr. Stivender stated that the postponement will allow the petitioner to get letters of agreement from two property owners.

It was noted that neither the petitioner, nor his representative, was present in the audience.

No one appeared in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved to postpone for 30 days, until September 17, 1991, at 2:00 p.m., or as soon thereafter as possible, Petition No. 655, by Jimmy Sloan, by Leonard H. Baird, Jr., to vacate unnamed road in Groveland Farms Subdivision, Clermont area, District 3, as advertised.

Commr. Swartz was not present for the vote.

PETITION NO. 656 - MacKay-Fisher Partners - Lady Lake Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that this request was being made to clear up title issues.

It was noted that neither the petitioner, nor his representative, was present to discuss the request.

No one present wished to speak in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved Petition No. 656, for MacKay - Fisher Partners, by H. D. Robuck, Jr., to vacate road reservations, Lady Lake area, District 1, as advertised.

PUBLIC HEARINGS/TIMES CERTAIN

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

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

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

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved Special Assessment Project No. SA-71 Lakeview Avenue, as follows:

a. Request to award and authorize project to Paquette Paving Co., Inc., and to encumber and expend funds, in the amount of $18,625.00.

b. Request approval of a resolution and assessment roll for the road improvement project.

COUNTY MANAGER'S DEPARTMENT BUSINESS (CONT.)

PLANNING AND DEVELOPMENT (CONT.)

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

Mr. Will Davis, Director of Water Authority, appeared before the Board to discuss the request to approve an amendment to the existing Interlocal Agreement with the Lake County Water Authority for the Geographic Information System (GIS) Program. Mr. Davis stated that the last year has approached on the three year contract, and that there have been difficulties in the program. He stated that the request is to amend the Agreement to change the duties, qualifications, and title of the GIS employee. The request also makes the Water Authority more directly responsible for the day-to-day management of this employee. The request provides that the County makes a direct payment to the Water Authority for the funding of this position. At this time, Mr. Davis went into more detail about the original agreement, and what is now being proposed, and the 50-50 relationship between the County and the Water Authority.

Commr. Gregg stated that he would prefer to have Mr. Davis stay well under the high salary range. He stated that he feels the Geographic Information System Program is important, that he has no problem with the grant, but when responsibilities are separated between entities, he has concerns.

Commr. Bailey stated that he concurs with Commr. Gregg's concerns about the extension of the contract and the salary.

Mr. Davis stated that the salary will be reimbursed by the County at the lowest level, and anything over will be funded out of the Water Authority's budget.

Commr. Swartz stated that he concurs with Commr. Gregg that the Geographic Information System Program is important, but that is does not work with split responsibilities.

Commr. Gregg made a motion, which was seconded by Commr. Swartz, to approve the request for an amendment to the existing Interlocal Agreement with the Lake County Water Authority for the Geographic Information System Program.

Ms. Annette Star Lustgarten, County Attorney, requested clarification of the motion, which included the salary not exceeding $45,000.00, and the extension of the position for two years.

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

PUBLIC WORKS

OUTDOOR RECREATION/RESOLUTIONS/GRANTS/STATE AGENCIES

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request by the Parks and Facilities to approve a resolution authorizing Lake County to submit and sign a grant application to the Department of Natural Resources (DNR), Florida Recreation Development Assistance Program for funding to improve Palatlakaha River Park. Mr. Stivender stated that the application must be submitted by August 30, 1991, but that the funds will not be available until FY 92/93.

Mr. Chuck Pula, Parks and Facilities Director, appeared before the Board to discuss the location of the site, which involves 30 acres, with approximately ten acres on the river front. Mr. Pula stated that he is working closely with Pollution Control and the

Florida Game and Fresh Water Fish Commission, because scrub jays have been identified on the site. He stated that the application is requesting that DNR fund the project to the extent of $125,000.00, with a 50-50 match, with the County's match being made with Boating Improvement Funds, and in-kind labor. At this time, Mr. Pula discussed the improvements being recommended for the project.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request by Parks and Facilities to approve a resolution authorizing Lake County to submit and sign a grant application to the Department of Natural Resources (DNR), Florida Recreation Development Assistance Program, for funding to improve Palatlakaha River Park; and authorization for the Chairman to sign a letter stating that the application is consistent with the Lake County Comprehensive Plan, Recreation and Open Space Element.

Discussion occurred regarding communication being made with the Florida Game and Fresh Water Fish Commission regarding the parks that they have assisted in funding, and determine if there is a possibility of a "buy-back" plan, due to the fact that Lake County residents are not benefiting from use of said parks.

Mr. Will Davis, Director of Water Authority, was present to comment on the requirements of the grant applications and terms for funding.

ROADS-COUNTY & STATE/ROAD CLOSINGS/RESOLUTIONS

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request to abandon maintenance on the vacated portion of Singeltary Road 1-7917. (Vacation Petition #654).

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES/PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain the request to approve and execute a Reciprocal Fee Waiver Agreement with the Florida Department of Transportation (FDOT). Mr. Stivender stated that the Lake County Public Works' cost is estimated to be $20,000.00 per year for connection permits involving State roads.

Ms. Annette Star Lustgarten, County Attorney, addressed Page 2, Paragraph 2 of the Agreement, which states that the County agrees to waive any and all permit fees associated with said applications made by FDOT, as well as any other connection fees, impact fees, facility charges, capital improvement fees, or any other charges or fees of the County associated with any activity of the FDOT which is not a service charge for a service requested by FDOT. Ms. Lustgarten stated that there is no authority in the County ordinance to waive impact fees. In the event there is a construction project by FDOT, the County will have to pick up the additional fees, as part of the County's costs. She stated that the attorneys for FDOT are not willing to negotiate on the impact fee provision.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to execute a Reciprocal Fee Waiver Agreement with the Florida Department of Transportation.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise for bids for Project No. 2-92, C-437 widening and resurfacing lump sum construction project, at an estimated cost of $316,800.00.

CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS/STATE AGENCIES

OUTDOOR RECREATION

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to enter into a project agreement with the Department of Natural Resources (DNR),

Florida Boating Improvement Program to obtain funds for Tavares Park (No. C-7288).

COMMISSIONER BUSINESS

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

Commr. Bailey informed the Board that he had requested Mr. Rick Patterson, Public Financial Management (PFM), to appear before the Board to clarify the intention of the study on the incinerator, and whether or not a recommendation has been made.

Mr. Patterson appeared before the Board to clarify statements that had been made in the newspaper. At this time, he reviewed issues that had been discussed, and clarified that no recommendation has been made to the fact that the no-burn scenario would be more cost efficient than continuing to burn waste at the incinerator facility. At this time, he reviewed three options to terminate the agreement, which were considered by PFM, as follows: (1) breach of contract with the County, which includes ceasing to deliver waste to the facility, and ceasing to make the service fee payment to Ogden Martin; (2) County taking the facility through condemnation; (3) negotiating an acceptable buy out price with Ogden Martin. Mr. Patterson stated that, based on the discussions with the County Attorney's Office and the credit rating agencies, PFM felt that negotiating would be the most cost efficient approach. He stated that the reasons included the legal expenses being considerably less under the negotiating approach rather than the County litigating with Ogden Martin, and the credit rating agencies taking a more favorable approach to the County working out a settlement.

Mr. Patterson stated that PFM has not begun to run numbers for the analysis, and that PFM would be meeting with the engineers tomorrow. He further stated that it will take 4-6 weeks to complete the analysis.

Commr. Bailey stated that he wanted it made clear that no recommendation is being made by PFM, and that this is going to be an objective study. He stated that, if the Board still has confidence in the study, it needs to support it.

Mr. Patterson stated that, as financial advisor to the County,

he would advise the Board that, if the County does not feel the results of the analysis will be a useful tool in making a decision as to whether or not to continue to burn at the facility, the study could be potentially more harmful than helpful to the County, because Ogden Martin could use it as a basis for a claim either through negotiation or litigation with the County.

Commr. Gregg stated that, if the Board cannot agree that it can entrust the study to be done objectively by PFM, he did not feel that $29,000.00 should be wasted.

Commr. Swartz stated that the only opportunity the County has to look at better alternatives for disposal of solid waste in Lake County, besides the use of the incinerator, is to have the best unbiased study done of the entire burn and no-burn options, and then to be able to make an informed decision.

Commr. Bailey stated that there was concern that the newspaper articles indicated that PFM had already made recommendations, that there was no need for the study. He stated that Mr. Patterson has now appeared to clarify the meaning of his statements, and informed the Board that no recommendation has been made at this time.

Commr. Swartz stated that PFM's credibility is on the line, and that it is important that they perform an unbiased study.

Commr. Bakich stated that he feels the Board has confidence in the performance of PFM, but that there are those who wish to discredit the study before it is completed.

The Chairman called for public comment on the issue, with no one appearing before the Board.

It was the consensus of the Board for PFM to continue with the study, which will be objective and unbiased.

COUNTY ATTORNEY'S MATTERS

STATE AGENCIES/SUITS AFFECTING THE COUNTY/ZONING

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Department of Community Affairs (DCA) has filed a petition on Corinthian Park in the Green Swamp. They have also filed a petition appealing the PUD rezoning of the Ray Ranch property. Ms. Lustgarten stated that next Tuesday, there is a meeting with the attorneys representing the developers, and DCA, in Lake County. Discussion on the Ray Ranch property will be held at 11:00 a.m., and on Corinthian Park at 1:30 p.m. Ms. Lustgarten informed the Board that Ray Ranch property is being represented by Ms. Cecelia Bonifay and Mr. Walt McLin, and the Corinthian Park is being represented by Mr. Steve Richey and Mr. Walt McLin. She stated that the purpose of the meetings is to address the concerns of DCA, and that the Governor's Office will also have a representative at the meetings. She further stated that she will report to the Board after the conclusion of the meetings, and will proceed with a defense.

Mr. John Swanson, Director of Planning and Development, stated that he had informed the Board that the Governor's Office had called this meeting, and there will be a representative, with indication being made that they would like to resolve the cases at a local level, prior to going to the Governor's Administrative Hearing Office.

ENVIRONMENTAL SERVICES/MUNICIPALITIES

Ms. Annette Star Lustgarten, County Attorney, discussed articles in the newspaper, which indicate that the City of Clermont has taken a position regarding the tipping fees. She stated that she is not aware of anything formal from the City. She further stated that options will have to be reviewed, should the City not pay the tipping fees.

Mr. Don Findell, Director of Environmental Services, stated that the City of Clermont has paid tipping fees for the month of June, but that the July payment has not been received as of this date, but that the payment is usually made by the end of the month.

Commr. Gregg stated that he would like to request that Mr. Findell contact the City of Clermont and inquire as to whether or not they are going to pay the bill, and if they are not going to pay it, respond in written form from the City Commission that they are not intending to make the payment. He stated that, when the correspondence is received, the Board should discuss it. It was noted that the City of Clermont is not delinquent at this time.

Commr. Bailey stated that he has talked with the Mayor of Clermont, and that he would be happy to meet with him to discuss this issue. He encouraged the Board members to stay in touch with the municipalities and the League of Cities.

Commr. Swartz discussed the amendment made to the resolution dealing with the fees, and the Interlocal Agreement that the County is trying to get finalized from the City of Leesburg. He stated that clarification needs to be made, as far as the interpretation of the agreement, in order that the cites have a complete understanding of their obligations. Commr. Swartz requested that Mr. Findell prepare a memorandum for the Board members with dates when changes in fees were made.

Discussion occurred regarding a meeting held with the League of Cities, which Commr. Swartz attended as liaison, and the discussion that occurred regarding the cities challenging the County on the issue of the tipping fees. Commr. Swartz clarified that the cities were concerned with the issue involving several of the cities having an Interlocal Agreement that states that the County will impose mandatory collection and/or special assessment, assuming that the cities representing 75% of the population have mandatory collection ordinances. Some of the cities indicated that they have more than 75%, and that the City of Leesburg implied that the County is in violation of the Agreement. The cities also questioned their option to ignore the flow control ordinance and proceed to dispose of their solid waste as they choose. The other

issue brought up by the City of Tavares dealt with the County Attorney's opinion relative to the fees that are being charged to haulers outside of the County that are coming into the County at less than $40.00 per ton. The City of Tavares asked that the County join in the Attorney General's opinion, which the County chose not to do. Commr. Swartz stated that he clarified several times at the meeting that these issues would not be the focus of the PFM study.

The Board members discussed the legal position taken by the County regarding the Interlocal Agreements, and the cities having the option to seek legal action, if they disagree with this position.

Discussion continued regarding the originating of the Interlocal Agreements.

Commr. Gregg suggested that, since Commr. Bakich is liaison with Ogden Martin, he should discuss the issue of the service fee and any possibility the County has to going to a flat per ton tipping fee charge with Ogden Martin. He stated that the agreement may have to be totally reconstructed, but the County needs to assure the cities that they are not going to be subsidized.

Commr. Bailey stated that he felt it was the opinion of the Board not to appoint a negotiating team to work with Ogden Martin, but to wait until the study by PFM is completed.

Commr. Bakich stated that he had received numerous inquiries on the issue of solid waste and the incinerator, and that he did not want to be in the position of negotiating any issue on his own.

Commr. Bakich clarified that there are two issues in the making, the study with PFM, and staff working with Ogden Martin in trying to reduce the fees, with Commr. Gregg indicating that he would like to see Commr. Bakich begin discussing the reduction of fees with Ogden Martin now.

Discussion occurred regarding the tipping fees, and the schedule of payments that Ogden Martin has developed, with Mr. Findell responding to questions relating to the formula used by Ogden Martin, and the issue of the County not allowing wood chips at the incinerator.

No action was taken by the Board at this time.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved the appointment of Ms. Carol Smith to the Childrens Services Committee, as a replacement for the District 1 member.

Commr. Swartz was not present for the vote.

PROPERTY APPRAISER/PLANNING & DEVELOPMENT

Mr. Ed Havill, Property Appraiser, appeared before the Board to discuss questions regarding the fire tax, which were submitted to the Board on August 13, 1991.

Mr. Havill stated that he could abide with any occupancy factor, but that a decision needed to be made by the Board, in order for him to proceed with his obligations set forth by the Board involving the fire tax.

Ms. Annette Star Lustgarten, County Attorney, stated that, when the survey was done, 69% was the average occupancy, which was the basis on which the original roll was prepared. Ms. Lustgarten stated that the ability of a RV park owner to come in and show different figures would clearly be an option that would be available to any RV park owner.

Mr. Steve Richey, Attorney, appeared before the Board and discussed the survey stating that two months were taken, one in the summer and one in the winter, with the average being 69%. On a twelve month basis, on 1400 sites, the average was under 34%. Mr. Richey stated that, historically, it has been done at 40%. He stated that, after meeting with Mr. Jim Loflin, Property Appraiser's Office, and park owners last week, there was discussion about using the 60% rate, and then allowing over the next twelve (12) months accurate information to be generated, which will give the Board a basis to decide. He requested that the Board, no matter what percentage is determined, allow him the opportunity to come back on a park-by-park basis, or as of January 1, provide the occupancy for a twelve (12) month period.

Commr. Swartz questioned, since there is no definite information, Mr. Richey is requesting that the Board use 60%, but allow individual corrections for parks that have significant differences from the 60%, to be rated lower than this, but in no case, no lower than 40%.

Mr. Havill discussed the suggestions being made for clarification of the procedures to be used, with Mr. Richey stating that he has no problem with taking an average for all of the RV parks.

No one in the audience wished to discuss the issue with the Board.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved to instruct the Property Appraiser to use 60% for this year, and look at the historical data for the following year.

COMMITTEES/MEETINGS/PROPERTY APPRAISER

Mr. Ed Havill, Property Appraiser, suggested September 23, 24, and 25, 1991, for the Property Appraisal Adjustment Board (PAAB).

Mr. Havill informed the Board that his office is in the process of implementing the fire rates, and stated that the unfairness has been discussed. He stated that, once the tax bills are sent, there will be many complaints made, and the Board may wish to set up some type of Value Adjustment Board, and the Board may want to take this issue back to a referendum.

At this time, Mr. Havill discussed different scenarios and the formula used to charge the fire tax, as he was directed by the Board in August.

Commr. Swartz stated that the County is abiding by the results of the 1984 referendum regarding the fire tax, with Ms. Lustgarten indicating that the County has an option to make a change by referendum next year.

Discussion occurred regarding the tax bills going out November 1, 1991, an advisory board being set up by the Board of County Commissioners, and adjustments being made before the tax certificates are sold.

It was noted that Commr. Bailey would review the issue of an advisory board, and that clear guidelines will be developed for the determination of a fair fire tax.

The Board approved the dates of September 24, 25, and 26, 1991, for the PAAB, with Commr. Bailey, Commr. Bakich and Commr. Hanson serving on this board.

COMMISSIONER BUSINESS

BUDGETS/MEETINGS

The Board scheduled a Budget Workshop for August 27, 1991, at 9:00 a.m..

COUNTY EMPLOYEES/PERSONNEL

Commr. Bakich discussed possible time frames for the performance appraisals for the County Manager and County Attorney.

Ms. Lois Martin, Director of Personnel, stated that, if she receives the Board members' evaluations by mid-September, it would give her time to prepare a synopsis for them by the end of September.

It was noted that the evaluations would be scheduled on the Board's agenda September 10, 1991, 1:30 p.m., with complete information being submitted to Ms. Martin by 5:00 p.m., September 3, 1991.

ROAD CLOSINGS

Commr. Hanson discussed an easement closing, Petition No. 652, Arthur P. Ennis, and stated that she was not present when it was vacated, and also was not aware of the problems of some of the adjacent landowners. She requested if the Board would reconsider this issue, because she feels there were options that could have been presented to close only ten feet of the easement.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved to reconsider Petition #652, with the legal being readvertised.

RECESS & REASSEMBLY

At 12:16 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.

REZONING

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and presented the requests made for postponements.

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

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the postponement of the following petitions for 30 days, with renotices being sent and reposting being made once again:

#30-91-3 Cherry Lake Farm, Trust Sept. 17, 1991

#86-91-1 Azalea Oaks, Inc. Sept. 17, 1991

COUNTRY GREENS COMMUNITY DEVELOPMENT DISTRICT

CONWAY KITTREDGE

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board to discuss the request. Mr. Stubbs stated that the petition has been reviewed by Professional Financial Management (PFM) for its liability and validity. He further stated that staff recommends approval of the request, based on the study made by PFM.

Ms. Cecelia Bonifay, Attorney representing Conway Kittredge, appeared before the Board and discussed the financing of the project. She stated that 833 acres were advertised, but that the actual size for the Community Development District (CDD) will be 678 acres, which is the same as in the PUD, with one unit per acre.

No one present wished to speak in opposition to the request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Board will be approving the petition, with an ordinance being brought to the Board, after proper advertising, creating the CDD.

Commr. Hanson made a motion, which was seconded by Commr. Gregg, to approve the Petition for the establishment of the Country Greens Community Development District.

Commr. Swartz stated that he voted against the PUD, but will support the CDD as a method to fund what the majority of the Board is approving.

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

PETITION CUP#635A-5 Amend CUP#635-5 John Clark

Mr. Greg Stubbs, Director of Current Planning, informed the Board that the request is being made to add houseboat rentals in conjunction with the existing uses of the Fish Camp. Mr. Stubbs stated that this is a ten acre site in the Astor area. Staff originally recommended denial of the request. He stated that he would like to submit to the Board, that based upon the decreasing the number of boats to ten (10), and looking at the roadway that services the site, staff feels that this would not be a detriment to the surrounding area, and therefore, recommends approval with the understanding that the site plan still needs to come before the Technical Review Committee (TRC) prior to going forward with the request.

Mr. Steve Richey, Attorney, appeared before the Board and stated that the issues involving the generated traffic and the disposing of waste from the houseboats have been addressed with the TRC, and feels that staff is satisfied with the information that was provided.

No one present wished to speak in opposition to the request.

Commr. Bakich stated that he did have concerns with the original request, but since that time, the issues of concern have been addressed.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#635-5, as amended, to allow ten (10) houseboats for rental operation with the condition that the houseboats currently in storage be gone within six (6) months.

PETITION #175A-84-3 Amend MP Ord. #11-85 - Florida

Mining & Materials Concrete Corp.

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that the request is being made to change the "Hours of Operation" from "6:30 a.m. - 5:30 p.m.", to "5:30 a.m. - 5:30 p.m.", Monday through Friday. Mr. Stubbs stated that numerous letters and petitions were received in opposition to the request. The Board has postponed this issue on four separate occasions. Mr. Stubbs stated that the Code Enforcement staff and he visited the site, upon the request of the Board, and, at this time, he informed the Board of the conditions. He stated that, based upon the investigation of Code Enforcement, the main noise was the operation of the delivery trucks during the early hours.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and stated that the concerns have been addressed, which involved replacement of vegetation, and the modification of the gate system.

Ms. Glenda Mahaney, resident across the street from the concrete plant, appeared before the Board and stated that she had received no notice of the meeting today, and that the sign posted on the property was placed there only a week ago. Ms. Mahaney stated that she, and others, should have adequate and proper notice, and requested that the Board postpone this issue for another 30 days, in order that proper notice be made to all of the people who will be affected by the decision. She requested that the Board at least approve a 30 day posting of the sign.

Mr. Stubbs informed the Board that property owners were renoticed and the sign was reposted.

Commr. Swartz stated that he would like verification made by staff on the notices, and suggested that this case be postponed until this can be done.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board postponed Petition #175A-84-3 until verification of notices can be made by staff.

PETITION CUP#91/5/3-5 CUP in A Frontline Properties Inc.

Mr. Greg Stubbs, Director of Current Planning, informed the Board that this case has been postponed twice, and there are two letters for and two letters against the request. Mr. Stubbs stated that the Board had requested that he investigate the licensing of the facility, and that the applicant is required to have State and Federal permitting before going forward with the operation of business.

Ms. Cecelia Bonifay, Attorney representing Mr. Ron Gordon, appeared before the Board and distributed an amendment to the CUP. Ms. Bonifay stated that she met with Mr Harley Herman, Attorney for the Humane Society, and Ms. Mary Gerding, Director, who are in agreement with the recommendations being proposed. The CUP is being requested strictly for the raising of animals on an agricultural zoned piece of property, and only for Class III. Ms. Bonifay stated that no United States Department of Agriculture (USDA), or Florida Game and Fresh Water Fish Commission, licenses are needed for the Class III animals. At this time, Ms. Bonifay reviewed the amendment with the Board.

Ms. Bonifay stated that Mr. Gordon has agreed to allow the Humane Society to come onto his site to perform periodic inspections of his property during normal business hours. This agreement will be made and handled between the two entities, with Mr. Herman preparing such an agreement.

No one present wished to speak 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 the CUP in A (Agricultural), as amended, as follows, and being responsible for the maintenance of the road easement:

A. Use of the site shall be limited to the keeping, feeding, sheltering and raising of Class I, Class II and Class III exotic animals.

The following species shall be omitted from the operation for a period of three (3) years. After the three (3) year period except for those species permanently removed as specified, applicant would be automatically approved for the remainder of the species on the list. If, however, during the three (3) year period, any problems arise that the Board of Lake County Commissioners' determine to be objectionable, additional restrictions and/or conditions would be placed on the Conditional Use Permit.

The following list is taken directly from the Florida Game and Fish Commission Classifications.

CLASS I

1. Chimpanzees Permanent

2. Gorillas Permanent

3. Gibbons

4. Drills and Mandrills Permanent

5. Orangutans Permanent

6. Baboons Permanent

7. Siamangs Permanent

8. Gelada Baboons

9. Snow Leopards

10. Leopards

11. Jaguars Permanent

12. Tigers Permanent

13. Lions Permanent

14. Bears Permanent

15. Rhinoceros Permanent

16. Elephants Permanent

17. Hippopotamuses Permanent

18. Cape Buffalos Permanent

19. Crocodiles Permanent

Applicant agrees to omit completely all Class I animals for a three (3) year period and omit permanently those so indicated.

NOTE: of the nineteen (19) species,

fifteen (15) have been permanently eliminated.

CLASS II

1. Howler Monkeys Permanent

2. Uakaris Permanent

3. Managabeys

4. Gvenons

5. Bearded Sakis Permanent

6. Guereza Monkeys Permanent

7. Celebes Black Apes

8. Idris Permanent

9. Macagues

10. Langurs Permanent

11. Doud Langurs Permanent

12. Snub-nosed Langurs Permanent

13. Probioscis Monkeys Permanent

14. Servals

15. European and Candian Lynx

16. Cougars and Panthers

17. Bobcats

18. Cheetahs Permanent

19. Caracals

20. African Golden Cats Permanent

21. Temminck's Golden Cats Permanent

22. Fishing Cats Permanent

23. Ocelots

24. Clouded Leopards

25. Coyotes Permanent

26. Gray Wolves

27. Red Wolves

28. Asiatic Jackals Permanent

29. Black-backed Jackals Permanent

30. Side-striped Jackals Permanent

31. Indian Dholes Permanent

32. African Hunting Dogs Permanent

33. Wolverines Permanent

34. Honey Badger Permanent

35. American Badger Permanent

36. Old World Badger Permanent

37. Binturongs Permanent

38. Hyenas Permanent

39. Dwarf Crocodiles Permanent

40. Alligators Permanent

41. Ostrich

42. Cassowary

CLASS II animals approved unless permanently eliminated.

NOTE: of the forty-two (42) species,

twenty-seven (27) have been permanently eliminated.

CLASS III

Includes all other species of wildlife not listed above.

NOTE: Class III animals and birds may be

kept without any special permit. These are basically

animals which could be purchased at any local pet shop.

SPECIAL REQUIREMENT: Applicant shall comply with

all guidelines of the Florida Game and Fish Commission

and United States Department of Agriculture.

PETITION #67-91-3 A + CUP#385-3 thru CUP#385F-3 to R-1-15

Florida Crushed Stone

Mr. Greg Stubbs, Director of Current Planning, informed the Board that the Planning and Zoning Commission has recommended RR (Rural Residential) zoning, with the applicant offering to establish the fee of $127.00 per unit for fire impact fee.

COMMISSIONERS

At 2:30 p.m., the Chairman turned the chairmanship over to Commr. Swartz.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the reclamation plan with a 10-1 sloping, and stated that RR zoning will allow the economic basis to do reclamation and reclaim the property in excess of any of the current permits, or any other requirements.

COMMISSIONERS

At 2:35 p.m, the chairmanship was returned to Commr. Bailey.

PETITION #67-91-3 A + CUP#385-3 thru CUP#385F-3 to R-1-15

Florida Crushed Stone

Mr. Richey stated that one of the major concerns expressed to the Board involves the fact that a PUD expires in a couple of years, with Commr. Bakich questioning the possibility of a developer's agreement for a PUD when the developer gets ready to develop the property.

No one present wished to speak in opposition to the request.

Commr. Bakich stated that he had major concerns on this issue, but that the approval of the request would give the applicant the incentive to make the property more appealing. Therefore, Commr. Bakich stated that he would be in favor of the request, with Commr. Gregg concurring with the RR zoning.

Commr. Swartz stated that the R-1-15 is not compatible with the Comprehensive Plan as proposed, and will vote against the request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A + CUP#385-3 thru CUP#385F-3 to RR (Rural Residential), with a developer's agreement to be established for $127.00 per unit for the fire impact fee.

Commr. Swartz voted "no".

PETITION #175A-84-3 Amend MP Ord. #11-85

Florida Mining & Materials Concrete Corp. (CONTINUED)

Mr. Greg Stubbs, Director of Current Planning, informed the Board that Ms. Glenda Mahaney, who appeared before the Board concerning not receiving notice of the request, was not within 150 feet from the site, and therefore was not notified. Mr. Stubbs stated that he feels due notice has been given on this request to the necessary individuals, as done previously on this case, and that the required posting and advertisements have been made.

Commr. Gregg stated that he feels that this issue has been properly noticed according to the County's existing regulations, and that no further procedure needs to be taken.

Commr. Swartz stated that he was concerned that the individuals, who were present earlier, have left the meeting, and are not aware of the action being taken by the Board. He further stated that he was troubled by the fact that the individual lives right across the street, and has not been notified. Therefore, Commr. Swartz suggested that the applicant be allowed to operate under the proposed conditions, and that this approval be conditional for six (6) months, and, at that time, it be renoticed and reposted and brought back to the Board for consideration.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, to allow the applicant to operate, as stated in the conditions above, and with staff following the above indicated requirements.

Under discussion, Commr. Bakich discussed the conditions of hours with Mr. Richey, who stated that the applicant would operate under the proposed conditions, in order to determine their effectiveness.

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

PETITION #42-91-3 AuClair Palms School

Brian & Gloria Gilbert

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board to present the request for site plan approval for the proposed AuClair Palms School.

Ms. Annette Star Lustgarten, County Attorney, advised the Board that the PFD approved by the Board is subject to litigation that is ongoing. She stated that whatever action is taken on the site plan today, no permit can be issued until this litigation is resolved. The PFD is effectively in abeyance, and the site plan will be in abeyance until the litigation is resolved.

Mr. Ken Mazik, and Mr. Bob Farner, Farner-Barley & Associates, were present to answer questions of the Board.

Mr. Scott Wilt, Orlando, representing Greiling Farms, Inc., appeared before the Board and discussed the motion made by the Board on May 21, 1991, to approve the PFD, which included requirements for a full public hearing process, in effect of approving a site plan. At this time, Mr. Wilt presented the Board with an excerpt from the public hearing. He stated that this transcript has been filed in the Circuit Court case.

Mr. Wilt stated that his client has never received any notice that the site plan has been submitted, or that a site plan was going to be considered by either the Planning and Zoning Commission, or the County Commissioners. Mr. Wilt stated that he found out about this hearing yesterday. He further stated that, as part of the approval of the full public process, notification was to given to the abutting property owners, but that notice was only given as to the PFD application. Mr. Wilt stated that his client has had no opportunity to review the site plan, or to participate at the staff review level. He stated that he would object to the Board considering the site plan today, and that his client will insist the full public hearing process be honored. At this time, Mr. Wilt presented a list of objections and questions regarding the site plan.

Mr. Stubbs and Ms. Lustgarten discussed the routine procedures used in regards to this type of issue, with Mr. Wilt clarifying the notices received by his client.

Commr. Bakich suggested that the Board postpone the issue before them for 30 days, in order to give Mr. Wilt and his client the opportunity to review the site plan, and for the Board to consider the questions and objections presented to them.

Mr. Wilt requested that, if the Board does decide to continue the case, it be continued for a date and time certain, and allow at least 60 days, due to his client being out of town.

Ms. Charlene Kelly appeared before the Board and stated that she lives approximately 300 feet away from the property in question, and that she has received no notices.

Mr. Mazik requested that the Board continue this case to be heard as soon as possible.

Mr. Stubbs stated that the same individuals on the original list will be notified.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to postpone the above request for 30 days, until September 17, 1991, at 2 p.m., or as soon thereafter as possible, with the necessary legal advertising, and with the necessary mailing to the adjoining property owners.

PETITION MSP#91-1-1 MMSP Allen Applebee

Mr. Greg Stubbs, Director of Current Planning, stated that this is a request for a Mining Site Plan (MSP), for sand excavation in A zoning to eight (8) feet below the present elevations. He stated that staff recommended approval of the request with the conditions attached. He further stated that 18 letters were received in opposition to the request.

Mr. Steve Richey, Attorney representing Mr. Allen Applebee and Logan Sitework Contractors, Inc., appeared before the Board and presented a summary of the proposed operation. Mr. Richey stated that a hydrological study, a species inventory, and an engineering analysis have been performed on the property, with all concerns being met.

Mr. Paul Boska, property owner to the south, appeared before the Board and submitted photographs to the Board for review. Mr. Boska stated that he was concerned with the excavation to eight (8) feet, and the 50 foot setback, when they had indicated 100-200 feet. He further questioned Policy 7-13.4: Protection of Property from Mining Impacts.

Mr. Jim Barker, Director of Pollution Control, appeared before the Board and presented answers to Mr. Boska's concerns.

Mr. Richey appeared before the Board to discuss the excavation and the topography of the property, and stated that the plan more than protects the environment and neighbors. This is a 25 acre burned out orange grove, with the property being cleared in one acre increments, with repasturing being done in one acre increments.

Commr. Gregg stated that he has visited the site and reviewed the plans, and feels that this is a good example of a borrow pit. He further discussed the costs involved for the fill dirt, and that he feels the 50 foot setback is addressed in the Mining Ordinance, and is more than reasonable, and the material is definitely needed in the County.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to approve the request for a Mining Site Plan (MSP), for sand excavation in A (Agricultural) zoning to 8 feet below the present elevations, subject to all conditions, including those submitted by staff.

Under discussion, Commr. Swartz discussed his concern with the property being on the north and south as residential, and feels it makes the request incompatible. He stated that the setbacks are appropriate, if the residential was not to the north and south. He further stated that the Comprehensive Plan has a policy that protects property from mining impacts, particularly prohibiting the initiation of mining operations within an established predominantly residential areas.

The Chairman called for a vote on the motion, with the motion being carried by a 4-1 vote, with Commr. Swartz voting "no".

PETITION #74-91-3 A to RR or AR Richard & Neva Donald

Mr. Gregg Stubbs, Director of Current Planning, informed the Board the this case has been challenged, because the County did not have the Land Development Regulations in effect to address the two acre issue.

Ms. Cecelia Bonifay, Attorney representing the applicants, appeared before the Board to discuss the request. She stated that

the Planning and Zoning Commission recommended approval of the request to AR (Agricultural Residential), with a recommendation to modify the zoning code (AR) to provide for two (2) acre lots, as opposed to 2 1/4 acre lots. At this time, Mr. Stubbs read the recommendation made by the Planning and Zoning Commission.

Ms. Bonifay stated that the Land Development Regulations will not be in place until February, 1992, and therefore, requested that the Board modify the zoning regulation for two (2) acres.

Ms. Annette Star Lustgarten, County Attorney, answered questions of the Board regarding the request for modification of the zoning classification.

Ms. Bonifay stated that she is requesting approval of the AR zoning, with instruction being given to staff to modify the zoning code to allow the change from 2 1/4 to 2 acres.

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

PETITION #93-91-5 C-1 to R-1-5 James C. Johnson

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from C-1 (Rural or Tourist Commercial) to R-1-5 (Mobile or Mixed Residential), for the construction of a single-family residence.

Commr. Swartz was not present for the vote.

PETITION #91-91-5 MP with LM uses to PFD H. O. Williams, Jr.

Mr. Hugh Williams, Jr., applicant, appeared before the Board to discuss the request, and stated that the site presently houses a mini-storage building. Mr. Williams stated that the site has fire hydrants and city water, and he would like to reconstruct the present building into an Adult Congregate Living Facility.

Ms. Debbie Williams, applicant, appeared before the Board to discuss the request and the location of the site, which allow emergency vehicles to be more accessible.

Commr. Bakich made a motion, which was seconded by Commr. Swartz, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from MP (Planned Industrial) with LM (Light Manufacturing) uses to PFD (Public Facilities District), for the construction of an Adult Congregate Living Facility.

Under discussion, Commr. Gregg stated that he has a problem with converting the building for this type of use in the middle of industrial zoning, and therefore, he will vote against the request.

Commr. Bailey and Commr. Swartz expressed their concerns with the industrial use.

Mr. Williams explained that this is a ten (10) acre site, with the proposed facility in the extreme southeast corner of the development. He stated that it will be placed at the end of a cul-de-sac, with no traffic generated through the subdivision. Mr. Williams stated that he owns the lots across the street and adjacent to the property in question.

Mr. Stubbs stated that his office did receive a letter in support of this issue from Health and Rehabilitative Services (HRS).

Commr. Hanson stated that she is in favor of the request because of the conforming uses in the area, including a grocery store, and a hardware store.

Discussion occurred regarding the surrounding zoning and designated industrial uses along Highway 40, and future land use conflicts.

Ms. Williams discussed the uses in Astor being restricted because of the ethnological balance of Astor, and cannot foresee it being industrially developed in the future.

Commr. Bakich discussed with the Williams' the possibility of changing the zoning to CP with C-1 or C-2 uses, or coming back in 30 days with such a proposal.

The Chairman called for a vote, which was carried by a 3-2 vote, with Commrs. Swartz and Gregg voting "no".

PETITION #89-91-4 R-1-7 to CP with C-2 uses

Philip T. Morris

Ms. Bonnie Roof was present representing the applicant.

No one present wished to speak in opposition to the request.

Commr. Hanson made a motion, which was seconded by Commr. Bakich, for the Board to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from R-1-7 (Urban Residential) to CP (Planned Commercial) with C-2 (Community Commercial) uses.

Under discussion, Commr. Swartz reiterated his concern for strip commercial zoning.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote, with Commr. Swartz voting "no".

PETITION A#98-91-3 A to PFD JPH Industries Inc.

Mr. Greg Stubbs, Director of Current Planning, informed the Board that the Planning and Zoning Commission recommended a change under buffering and screening, because they did not approve of the six (6) foot high shadow box fence around the perimeter of the property. Mr. Stubbs stated that there needs to be some type of buffering and screening as the residential communities develop around the site.

COMMISSIONERS

At 3:40 p.m., Commr. Bailey turned the Chairmanship over to Commr. Swartz.

Mr. Tony Otte, City Administrator, City of Tavares, appeared before the Board and stated that, at the Planning and Zoning Commission meeting, the City did agree to plant pine trees around the perimeter as a buffer, and will provide security screening

around the structure, per regulations of the Department of Environmental Regulations (DER).

COMMISSIONERS

At 3:45 p.m., the Chairmanship was returned to Commr. Bailey.

No one present wished to speak in opposition to the request.

Discussion occurred regarding the safety issue of fencing, and if the proposal made by the City of Tavares was adequate in this area.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for municipal potable water well and water storage tank site, with the clarifying condition that all structures be chain-linked fences as appropriate and required by DER.

PETITION #82-91-3 R-1-7 & RR to AR Harold L. and

Clara Baker

It was noted that the applicants were present in the audience.

No one present wished to speak 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 the request for rezoning from R-1-7 (Urban Residential) & RR (Rural Residential) to AR (Agricultural Residential), to make it compatible with surrounding property.

PETITION #96-91-4 A to PFD Herb Mayer

Ms. Cecelia Bonifay, Attorney, was present representing the applicant.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PFD (Public Facilities District), for construction of a day care/pre-school facility.

PETITION CUP#616B-3 Amend MP + CUP#616A-3

Danis Industries Corp.

Mr. Greg Stubbs, Director of Current Planning, informed the Board that a petition had been received with 74 signatures in opposition to the request.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board to discuss the request to add the disposal of shredded tires and yard trash to the existing permitted uses. She discussed the Board's denial of the request for the exemption to take Lake County trash. At this time, the applicants are requesting to take anything under the Class III permit from outside Lake County. She stated that they are in the process of obtaining the necessary permits from the Department of Environmental Regulations (DER). At this time, she requested reserved time for rebuttal.

Mr. Dave Ridener, owner of the adjacent property, appeared before the Board and discussed a request made by the applicant one year ago regarding placing road debris, etc. in their facility. He stated that he opposes the request for tires, and had assumed that the Board was against this also, by voting for the placement of clean construction debris only. At this time, Mr. Ridener discussed the process used for the disposal of the tires, and asked questions as to the applicant's intention.

Mr. Jim Barker, Director of Pollution Control, appeared before the Board and discussed and explained the storage facility and the processing facility, which can be permitted at the same time. He discussed the procedure to be used for the shredding of the tires, which involves a portable mill, and the guarantees, through the proper permitting, for no contamination in the future.

Mr. Walter Wood, Pollution Control, appeared before the Board and stated that an additional stock water monitoring well was requested by staff, with Mr. Barker indicating that the present well did not appear to be directly in the path of the grain of the

water, and they wanted to make sure that monitoring would be sufficient to detect any type of contamination in the well.

Mr. Ridener discussed other efficient ways to dispose of tires, and discussed his concerns for the future environment. He further discussed concerns involving fires, mosquito habitat and rodents.

Mr. Barker discussed the time limitation, which is set by DER, for the disposal of the tires, and other requirements of DER. He further discussed requirements of the CUP, including the hours of operation, and the noise factor.

Commr. Swartz stated concerns regarding the storage of the tires and the time limit for processing, with Mr. Barker stating that this issue would be regulated under the DER requirements.

Discussion occurred regarding the Waste Tire Rule and the concerns expressed regarding the processing, the amount of tires to be stored, and the period of time allowed for the storage and processing.

Ms. Bonifay stated that the applicant will be working closely with DER and County staff.

Mr. Ridener stated that he was representing many others in opposition to the request, and that the Board should not assume there has been lack of interest in the issue.

Ms. Jenny Rogers, adjacent property owner, appeared before the Board and stated that she is concerned with the tires sitting for 90 days, which will cause a mosquito problem, due to the tires retaining water. Ms. Rogers also questioned the applicant being able to bring in trash from outside of the County, with Commr. Bakich clarifying that trash would not be allowed, but tires and yard debris would be allowed, because of the flow control ordinance.

Commr. Swartz stated that he is concerned with the processing method being proposed for the tires, and that he cannot support the amendment that would include the storage of 1,000 tires on site for 90 days.

Mr. Dallas Wolford, Danis Industries Corp, appeared before the Board and stated that there are two processing plants in Orlando that need a place to dump their tires. Mr. Wolford stated that the companies have indicated that all research shows that there is no harm from the tires. At this time, Mr. Wolford discussed the process being proposed with the companies involved.

Commr. Bakich suggested that the hours of operation of the facility be from 9 a.m. to 5 p.m., Monday through Friday; limit the amount of tires to 1,000 on a 60 day basis; and for the applicant to submit a plan to control the mosquito.

Commr. Bailey stated that he continues to have a problem with the proper material to fill this landfill, and that this will be creating a nuisance for the surrounding people. He stated that he will not support the request.

Commr. Gregg stated that this will be inert material, which will be put to good use, and cannot see a problem, but will support the restriction on the number of tires.

Commr. Swartz reiterated that he cannot support the request for a tire processing and storage facility on this property.

Commr. Bakich made a motion, which was seconded by Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approved the request to amend CUP#616A-3 (ORD#22-90) to add disposal of shredded tires only to the existing permitted uses, subject to receipt of the Department of Environmental Regulation permit for the tire processing operation and approval of staff; limit the hours of operation of tire processing to 9 a.m. to 5 p.m., Monday through Friday; submission of a plan for mosquito control; limit the number of tires to 1,000, for a 60 day period; and allowing the yard waste from out of County.

Commr. Bailey questioned the possibility of limiting the storage to 30 days, with Ms. Bonifay indicating that, if this is a factor, the applicant will comply.

Commr. Bakich suggested amending his motion to limiting the storage of tires for 30 days, and exclude the need for the mosquito

control plan, with Commr. Gregg indicating that he would amend the second to the motion, if he presented it as an amendment to the motion.

Commr. Bailey called for a vote on the original motion, (60 days and a mosquito control plan included), with the motion being carried by a 3-2 vote, with Commrs. Bailey and Swartz voting "no".

PETITION #84-91-4 A to AR Lester W. Shanklin

Mr. Steve Richey, Attorney representing the applicant, was present to discuss the request with the Board.

No one present wished to speak in opposition to the request.

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

PETITION #85-91-2 A to PUD Central Development Inc.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. Mr. Richey stated that this request involves 703 acres, with the original proposal being for the development of 123 lots. He stated that Planning and Zoning reduced the lots to 118, which reduces the density. He further stated that he wrote letters to approximately 18 property owners in the area and met with them to discuss their concerns. After the meeting, he requested an additional condition to the PUD which consisted of developing conventional homes of at least 1,500 square feet. He discussed the cul-de-sac issue, and stated that there is approximately 2,300 feet of highway frontage on SR33, which will allow, under the existing zoning, to create 18 five acre tracts. Mr. Richey stated that, under the PUD, the applicant is required to pay the fire assessment. At this time, he discussed the acreage involved in the different designated lots, and stated that the property has well and septic tank accessibility, which meets the criteria of Environmental Services.

Mr. Richey stated that he met with the representatives in Tallahassee, who represent the Green Swamp area, and discussed the proposed project. The County had requested a 50 foot buffer around the wetlands as part of the 90% environmental easement, and the specific wording by the County on the Green Swamp issue. He stated that, when he met with the Department of Community Affairs (DCA), they indicated that he was exceeding the requirements, and also the requirements of the current Lake County Comprehensive Plan, which relates to the Green Swamp. Mr. Richey stated that the preliminary environmental and engineering studies have already been prepared and submitted to the County.

Mr. Richey stated that the applicant could have placed five acre tracts on the improved pasture property, under the current zoning, but he does not choose to place mobile homes on the property.

Mr. Tom Dixon, County Commissioner, Sumter County, appeared before the Board to accompany the letter that was faxed to the Board from Mr. Stanton Gideons, Jr., Chairman of the Board, which states that the Board of County Commissioners, Sumter County, opposes the development of the Green Swamp area. The letter indicates that the opposition to the project is based on concern for the environmentally sensitive nature of this common area located in the counties.

Mr. Dixon stated that he is concerned with the precedence that Lake County will be setting in this area, and that a lot of care and consideration should be given to the proposal before the Board today. Mr. Dixon stated that he, in speaking for himself, opposes development in the entire area.

Discussion occurred regarding the presented opposition being made by Mr. Dixon, for no development in the entire Green Swamp area.

Ms. Laurie McCann, representing Sumter County Against Toxins (SCAT), appeared before the Board and presented the members with a letter explaining the concerns for the development of the Green Swamp area, and requested the Board to consider the facts that have already been developed on this sensitive issue.

Mr. Bill Ray, resident of the Green Swamp, appeared before the Board and stated that he has dealt with this issue at the State and Regional levels for many years. At this time, Mr. Ray discussed information he has received, including that the St. Johns River Water Management District (SJRWMD) has clearly designated that area not to be the primary, or a major source of aquifer recharge for the Floridian aquifer. Mr. Ray discussed the State having jurisdiction over this area, and stated that he feels the State has received false information, which supports their reasons to wanting to declare the area as the primary aquifer recharge area in the State of Florida.

Mr. Ray stated that the developer presenting this request wants to come into the rural area, provide an agricultural lifestyle for a market driven economy, which there is a need for in Lake County, who has the environmental protection in place to support the development, and to provide the required environmental protection for the public resources. Mr. Ray requested that the Board approve the request for the development, because it is a suitable use and is compatible with the surrounding activities, and exceeds the environmental criteria for the development in such an area.

Ms. Rhonda Gerber appeared before the Board and stated that she is not opposing development in the Green Swamp area, and that Mr. John Ryan, Polk County, along with herself, are expressing their concern for the area that has been designated as an area of State critical concern.

Commr. Hanson suggested that this might be a piece of property that would be ideal for the acquisition bond, and will need the support from the County, but that there does need to be some compensation for the land owner rather than saying no use at all.

Ms. Gerber informed the Board that it would cost 3 1/2 million dollars to purchase the property. Ms. Gerber expressed her concerns for the 118 septic tanks and wells that will be placed in the proposed development.

Mr. Richey discussed the Sumter County Comprehensive Plan, and the request made of their staff to establish a PUD ordinance and new development criteria, which was mandated by Sumter County's Board of County Commissioners on August 12, 1991. Mr. Richey read a letter from Barry's Groves, in support of the proposed development, which indicates that "the PUD zoning with low densities, environmental easements, and deed restrictions is sound planning".

Mr. Richey stated that he met with all of the adjacent property owners and dealt with their concerns. He stated that a lot of the owners would rather have this area stay open, vacant land forever, but the people of South Lake County understand they should have a reasonable use of their land.

Commr. Bailey stated that the County's Comprehensive Plan contains a 1-5 development in this area, and that he has no problem with the request, because it is compatible.

Commr. Swartz stated that he knows of no one who has advocated "no use" of property in Lake County or the Green Swamp area, and that this is not an issue of denying all reasonable private property rights as opposed to reasonable use. He stated that, even though it has been indicated that this proposal goes beyond the restrictions at the State level, it does not meet the old or new Comprehensive Plan, in terms of having a minimum five acres of usable land. Commr. Swartz stated that, under the current Comprehensive Plan Policy 1-12.2, it indicates the density designations. He stated that he would absolutely support the request today, if it provided for a 60 unit cluster, which would be compatible with the concept of usable land, but to request a PUD, in order to obtain a higher density, he will vote against the request.

Commr. Gregg stated that he can support the request for the 118 units, as recommended by the Planning and Zoning Commission, for one unit per six acres. He stated that this is a good plan and reasonable use of land.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved, as amended, for the construction of single-family residential units with the deletion of Lots 47 through 51, and the additional condition that the development consist only of conventional structures with a minimum of 1,500 square feet.; and approval of a waiver to the Lake County Subdivision Regulations for cul-de-sacs to be in excess of the 1,200 feet in length.

The motion was carried by a 4-1 vote, with Commr. Swartz voting "no".

PETITION #90-91-2 RP to R-1-5 Wetzel Warren White

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RP (Residential Professional) to R-1-5 (Mobile or Mixed Residential) zoning district, to place a mobile home on the site.

PETITION #94-91-5 RMRP to C-1 DeAnza Corp. Mid Florida Lakes

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RMRP (Mobile Home Rental Park) to C-1 (Rural or Tourist Commercial), for a mobile home sales office with tennis courts.

The motion was carried by a 4-0 vote, with Commr. Swartz not being present for the vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:35 p.m.

DONALD B. BAILEY, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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