The Lake County Board of County Commissioners met in regular session on Tuesday, October 15, 1991, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

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

MINUTES

The Board postponed action regarding the Minutes of September 17, 1991 (Regular Meeting) until the Board Meeting of November 5, 1991.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 141578 through Warrant No. 141934, for the following accounts:

General Revenue Landfills

County Transportation Trust Capital Outlay

Miscellaneous/Gas Fund Animal Shelter Trust Fund Mosquito Control Private Industry Council Aquatic Weed Resort & Development Fund Tax Countywide Library Commissary Trust Fund

Emergency 911 Fund Northeast Ambulance

Criminal Justice Trust Fund County Fire Control Fund

Bonds - Contractor

Request to approve the following contractor bonds:

New

4594-91 Larry Hunt d/b/a G & H Roofing Co.

105-92 Horst Bros., Inc. (Specialty)

415-92 Bobby E. Faircloth

421-92 Donald M. Dixon d/b/a Dixon-Hall Roofing

540-92 Maxwell Scott (Residential)

912-92 Wm. R. Coffey d/b/a Coffey Plumbing & Electric

1062-92 Rayburn B. Jones (General Contractor)

1066-92 Jack P. Bratton d/b/a Jack Bratton Electric Co., Inc.

1124-92 Bruce A. Toman d/b/a BAT Construction (Carpentry)

1200-92 James David Bass (Plumbing)

1349-92 Thomas M. Hart d/b/a Hart Electric

1370-92 Raymond R. Libby d/b/a Libby Twins Heating & A/C

1453-92 John E. Slater d/b/a John Slater Custom Homes

1507-92 G. Donald Watson (Building)

1518-92 A. T. Hawkins d/b/a Bill Hawkins Plumbing of Sanford

1658-92 Howton Electric

1691-92 Frank Russell d/b/a Russell's Electrical Service

1748-92 Jay Wright d/b/a Wright Contracting, Inc. (Plumbing)

1867-92 Dennis A. Smith d/b/a Dalton & Owens Electric Service

1876-92 Robert J. Hamilton d/b/a Raybob Plumbing Company

1886-92 James R. Garner d/b/a Garner Construction, Inc.

1998-92 Allen L. Lord d/b/a Continental Electric

2003-92 Warren R. Wise (Building)

3000-92 Harry A. Ferran d/b/a Ferran Eng. Group (Electrical)

3021-92 Kenneth J. Tynan d/b/a K & K Electric Company

3024-92 Thomas Rychlock d/b/a Rychlock Electric

3049-92 Charles Wingo d/b/a Wingo Signs (Electrical)

3062-92 Mike Smith d/b/a Mike Smith Electric

4012-92 William T. Dalton III d/b/a Dalton & Owens Electric

Services, Inc.

4022-92 Steve Davis d/b/a Steves Plumbing

4031-92 Harold Vernon (Plumbing)

4102-92 Raymond Wise d/b/a Wise Electric Service

4128-92 Ron H. Prevatt d/b/a Ron Prevatt Electric

4147-92 Harold L. Cuthbertson d/b/a Tri-City Plumbing, Inc.

4171-92 Robert L. Humphrey d/b/a Simplex, Inc. (Building & Aluminum Specialty)

4174-92 B. Terence Quigley (Electrical)

4184-92 George Shepherd d/b/a George Shepherd Inc. (Building)

4198-92 William W. Kirtley d/b/a Cool-Way, Inc. (Heating & A/C)

4209-92 Tom Harrington d/b/a Tom Harrington Electric

4228-92 W. Stephen Nave

4243-92 Steven's Electric, Inc.

4298-92 George R. Knox d/b/a Knox Plumbing, Inc.

4396-92 Rex A. Roach d/b/a Sarnex Electric, Inc.

4425-92 John D. Roberts (Electrical)

4437-92 Robert C. Mattingly d/b/a Sunshine Heating & A/C (Mechanical)

4449-92 James Cox (Building)

4458-92 Shull Construction of Orlando, Inc. (Screen Porch Installation)

4488-92 Florida Air & Heat, Inc.

4613-92 Robert H. Morris c/o Mid State Electric, Inc.

4631-92 J. Wayne Stafford d/b/a Libby Twins Heating & A/C

4658-92 Raymond MacMillan d/b/a MacMillan Aluminum

4665-92 Bill Duncan d/b/a Bill Duncan Refrigeration

4694-92 L. E. Dlouhy (Residential Building)

4699-92 Joseph Urban (Master Electrician)

4700-92 Harold Hilliard d/b/a Hilliard's Air Conditioning & Heating

4706-92 William G. Bowman d/b/a Bowman Electric, Inc.

4708-92 T. H. Little (Electrical)

4720-92 David B. Sheppard d/b/a Sheppard Electric Co.

4729-92 Thomase E. Butler d/b/a Related Electric, Inc.

4753-92 L. Norman Adams (Residential)

4767-92 James Garemore d/b/a Garemore Plumbing

4783-92 LaVern J. Neilson (Building)

4803-92 Robert M. Adams d/b/a United Electrical Contractors, 4808-92 Edward G. Checefsky d/b/a Ski's Plumbing Service

4809-92 Chett R. Bock d/b/a Orlando Roofing Center, Inc.

4818-92 Gaines Gray d/b/a Gray Refrigeration (Heat & A/C)

4825-92 John Hill Aluminum

4837-92 Richard Dean Weber (Building)

4852-92 C. B. Larramore (Class A General)

4871-92 James A. Croson (Plumbing)

4894-92 Bentley Pinder d/b/a Bentley Pinder Construction

4904-92 G & T Electric Company (Electrical)

4941-92 Ron Torri Plumbing, Inc.

4948-92 Kevin L. Ryman d/b/a Ryman Construction Co., Inc.

4955-92 Eugene D. Aurand d/b/a All Air Service System

4975-92 Ralph Mudd d/b/a Mudd's Plumbing

4987-92 William Earl Fika (Aluminum Specialty)

4996-92 Joseph Lambert d/b/a Joe's Roofing

5001-92 John B. Winfrey (Plumbing)

5004-92 Richard Baird (Electrical)

5019-92 Michael Davis McGowen (Plumbing)

5020-92 Peter Rigi, Hital Enterprises, Inc. d/b/a Kraft Electric

5021-92 Randall L. Allen d/b/a Air-O-Mechanical Services

543-93 Roger Hylton (General)

1144-93 Harry E. Kreeger (Specialty)

1509-93 Charles J. Boutwell d/b/a Southern Contractors (Electrical)

1517-93 James Dolan (Air Conditioning)

1706-93 David Wieckhorst d/b/a Master Craft Builders (General)

1806-93 Kenneth Nesselrotte (Residential)

1825-93 William Hart d/b/a Morning Star Building Corporation

1884-93 Winston C. Ivery d/b/a Ivery Masonry

1918-93 Gary McCutcheon d/b/a Tropic Homes, Inc. (General)

3011-93 Gary L. Wyckoff d/b/a Gary L. Wyckoff (Residential)

4054-93 Tom Walsh d/b/a Eustis Quality Plumbing

4059-93 Dale H. Judy d/b/a Circle D. Plumbing

4284-93 Arthur E. Lee, Jr. (Residential Building)

4369-93 William B. Davis (Class B Building)

4381-93 Jim White Electric, Inc.

4598-93 Charles Howard (Building)

4612-93 Robert Sellers II d/b/a Selcon (Masonry)

4757-93 Gordon Williams Plumbing, Inc.

4844-93 Perry Collins (Electrical)

1707-94 Farley's S.R.P., Inc. (A/C & Refrigeration)

Cancellations

1702-91 Donald A. Jensen

4415-91 Wayne & David L. Rabe d/b/a Wayne Construction

4572-91 Gregg B. Whitaker

4637-91 John Duncan

4703-91 Matthew Ryan Ovenholt

4908-91 Robert S. McCandless

Stipulations

1022-91 Harry Showers (Amending Bond No. to 90-G2-5802-7)

4275-91 Larry Loeffler d/b/a Smokey's Electric (Amending Bond No. to 90-01-8394-3)

4536-91 Michael Peltz d/b/a Mike Peltz Professional Plumbing (Amending Principal's name to Peltz, Inc. d/b/a Mike Peltz Professional Plumbing)

Reinstatement Notice

4691-91 Jerry R. Blackford

Accounts Allowed/Courts-Judges

Request to approve Satisfaction of Judgment for Vince Bernard Clark, in the amount of $250.00 - Case No. 86-1370CFA, and authorized proper signatures on same.

Assessments/Roads-County & State/Subdivisions

Request to approve Satisfaction of Assessment Liens (7) for the following subdivisions, and authorized proper signatures on same:

Pine Lakes South Subdivision

Paul W. and Marlys M. Nash $1,957.77

First Street, Astor

Margaret E. Quinter 3,643.27

Clark Road

John T. and Lorraine B. Pond 1,032.83

Palm Mobile Home Estates

Edward and Goldie Jones 676.29

Carl J. Sontag 1,177.23

Western Shores Subdivision

Florence Y. Passas 765.88

Springs Bath & Yacht Club

Norman F. and Evelyn M. Sacks 1,237.59

Municipalities/Ordinances

Request to acknowledge receipt of Ordinance No. 91-03, from the City of Tavares, regarding the amending of Article II, Section 2.01, of the City of Tavares Code of Ordinances, entitled "Corporate Limits".

Budgets/State Agencies

Request to acknowledge receipt of Fiscal Year 1991-92 Budget for the St. Johns River Water Management District, adopted by the Governing Board on September 25, 1991.

Accounts Allowed/Reports

Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending September 30, 1991, in the amount of $133,868.99.

BONDS/LANDFILLS/ENVIRONMENTAL SERVICES/REPORTS

Mr. James Gollahon, Vice President and Manager, A. G. Edwards & Sons, Inc., appeared before the Board and discussed the potential

refunding of the County's Sales Tax Revenue Bonds, Series 1987, for the New Jail and the Criminal Justice Facility. He distributed a booklet pertaining to same, which he reviewed, and answered questions presented by the Board.

Mr. James C. Watkins, Clerk, stated that there was a time element involved, and the faster the County moves on the matter, the more money it will make.

Commr. Gregg suggested that the matter be referred to Professional Financial Management (PFM), and request that they respond as soon as possible.

Mr. Gollahon stated that anything his firm proposes is subject to negotiation and approval by the County's financial advisor; therefore, his firm could be engaged, and then work out the details with PFM, noting that by doing so, the County will not lose time in moving on this matter.

Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, appeared before the Board and requested that she be allowed to contact PFM, and bring a recommendation back to the Board, due to the fact that she has worked with PFM in the past, on any recommendations brought to the Board.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board directed Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, to contact PFM and bring a recommendation back to the Board, as soon as possible, concerning the potential refunding of the County's Sales Tax Revenue Bonds, Series 1987, for the new Jail and the Criminal Justice Facility.

COMMISSIONERS' BUSINESS

LAWS & LEGISLATION/RESOLUTIONS

Ms. Linda Rozar, representing Concerned Citizens of Lake County, appeared before the Board and explained this request.

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

proclamation designating October 27-November 3, 1991, as White Ribbon Week, as a symbol of community standards protected by obscenity laws.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Gregg questioned a request from Public Works, for two (2) John Deere motor graders, at which time Mr. Jim Stivender, Director of Public Works, answered questions regarding same.

Commr. Bakich questioned a request from Capital Improvements, for two (2) portable computers and two (2) printers for the new Jail, at which time Mr. Tom Neumayer, Director of Corrections, answered questions pertaining to same.

Sgt. Carol Spuck, Department of Corrections, appeared before the Board and answered questions pertaining to lap top computers, and the reason the Corrections Department was requesting portable computers.

Commr. Bakich stated that he would like to see staff get a handle on what the County is trying to accomplish, rather than randomly buying computers, and to retain someone locally, to act as a consultant, regarding the purchase of any future computers for the County. Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, was requested to obtain the name of such a firm, in Leesburg, from Commr. Gregg.

Commr. Bakich then questioned a request from Capital Improvements for a new radio system for the Courthouse, to be used by the bailiffs, at which time Mr. Neumayer, Director of Corrections, answered questions pertaining to same.

Commr. Bakich pointed out the fact that various departments in the County were requesting maintenance contracts and agreements for various equipment and computers that the County has with different companies, and questioned why they could not be consolidated, thereby, reducing the costs involved with same, rather than having individual contracts and agreements for the various divisions.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board directed the County Manager's Office to look into the feasibility of having someone on staff and/or consolidating fees with an outside individual to act as a consultant, regarding future purchases of computers for the County, in order to reduce overall costs involved with same.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the County Manager's Consent Agenda, with the exception of a portion of a request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, pertaining to a request from Capital Improvements for two (2) computers and (2) printers, which is to be brought back to the Board, for consideration, at the Board Meeting scheduled for November 5, 1991.

Accounts Allowed/Administrative Services-Budget/Budgets

Budget Transfers/Corrections Department/Public Works

Sheriff's Department

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/Budgets/Sheriff's Department

Resolutions

Request for budget transactions for the Sheriff's Department, as follows:

a.) Adoption of Resolution to amend Fiscal Year 1990-91 Law Enforcement Trust Fund, to increase the budget by $15,558.00, in accordance with the Florida Statutes, Section 932.704(3)(a), that provides that forfeitures resulting from the seizure of contraband articles allows that the Sheriff may request these funds for specific purposes, as outlined in the Florida Statutes, and authorized proper signatures. This money can only be used for law enforcement purposes.

b.) Budget Transfer request to correct error in placing monies for purchase of Capital Outlay in an operating account. These are authorized expenditures: $103,227.00.

From: Operating Expenses

To: Capital Outlay

c.) Request from the Sheriff for funds in the amount of $37,989.53, for payment of computerization equipment and accessories, for an overall total of $108,783.06 (previously approved $68,841.53 on September 3, 1991), and authorized approval to increase purchase order and encumber funds.

Accounts Allowed/County Employees/Personnel

Request for lump sum settlement, for loss of income due to disability from work related injury of August 17, 1990, to William M. Viola, for $90,000.00.

Contracts, Leases & Agreements/County Employees

Private Industry Council

Request for subrogation agreement required by reinsurer, for reimbursement to Health Plan, of excess claim pertaining to dependent of County employee Ms. Robbie Baird.

Contracts, Leases & Agreements/Environmental Services

Municipalities

Request from Solid and Hazardous Waste Management Division, for approval of First Amendment to Interlocal Agreement between Lake County and the City of Leesburg, relating to curbside collection and marketing of recyclable materials, and authorized proper signatures on same.

Accounts Allowed/Contracts, Leases & Agreements

Fire Protection/Subdivisions

Request for execution of a Lease Agreement between Lake County and Mabel St. Jean, for the first station in Wekiva River Acres; to encumber and expend funds; and authorized proper signatures. The cost of the lease is $100.00 per month, for twelve months, commencing October 8, 1991, and expiring October 7, 1992.

Animal Control/County Employees/Resolutions

Request for resolution of appreciation to be presented to Mr. Arthur Carter, in recognition of his faithful service in the Division of Animal Control, and authorized proper signatures.

Environmental Services/Fire Protection/State Agencies

Municipalities

Request for the Florida Department of Environmental Regulation (DER) to install three (3) monitoring wells on the grounds of Fire Station No. 35, at Pine Lakes.

Fire Protection/Municipalities

Request for temporary hookup of a residential water line from the well at County Fire Station No. 35, in Pine Lakes, to Mr. Paul Burbank's residence at 31634 Highway 44, Eustis, a distance of 200', for a period not greater than 18 months.

Appointments-Resignations/Committees/County Employees

Request for appointment of Ms. Allison Thall to EPIC (Education/Prevention/Intervention Coalition) of Lake County.

Health & General Services/Laws & Legislation/State Agencies

Request to acknowledge receipt of For Your Information Item: Recommendations formulated by Interim Planning Group No. 3, concerning the HRS district boundaries, and Health and Human Services planning bodies, in compliance with Senate Bill 2306, Section 14.

Budgets/State Agencies

Request to acknowledge receipt of For Your Information Item: The Department of Health and Rehabilitative Services fiscal year 1991-92 proposed budget reduction alternatives dated September 24, 1991.

Planning & Development/Subdivisions

Request for preliminary plat approval of San Polo Villas (10 lots in District 1).

Planning & Development/Subdivisions

Request for preliminary plat approval of Rolling Hills Subdivision (16 lots in District 3).

Accounts Allowed/Bonds/Planning & Development/Subdivisions

Request for final plat approval of Greater Hills, Phase 3, and accepted a Performance Bond, in the amount of $441,332.00, for improvements, subject to review and approval by the County Attorney (91 lots in District 3).

Planning & Development

Request for Lake County to submit an Application for Local Government Land Development Regulation Assistance Funds, and authorized proper signatures on same.

Deeds/Rights-of-Way, Roads & Easements

Request to accept the following non-exclusive easement:

Large Lot Waiver

Donald L. Currier - District 5

Bonds - Mobile Homes

Request to accept new mobile home bond for Mr. Steve Lilley, Mt. Plymouth area, District 4.

Signs/Water Authority

Request from Public Works, Engineering Division, that the Lake County Water Authority be allowed to erect "No Dumping" signs at Flat Island Preserve.

Municipalities/Roads-County & State/Signs

Request from Public Works, Engineering Division, that the residents of Mt. Plymouth be allowed to erect a 4-way stop sign at the intersection of Westward Ho and Carnoustie Streets, in Mt. Plymouth.

Deeds/Rights-of-Way, Roads & Easements

Request to accept the following Statutory Warranty Deed for right-of-way:

Imelda D. Mangum f/k/a Imelda A. Desautels, Buckhorn Road (5-9584).

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMITTEES/COUNTY MANAGER/PERSONNEL

Ms. Lois Martin, Director of Personnel, explained this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a request from the Personnel Department for approval of appointments to the Search Committee for the County Manager's position, as follows:

Members recommended by:

Commissioner Gregg John Cox

Kendall Spencer (Tentatively)

Commissioner Bailey Claude Smoak

Derryl Benton

Commissioner Swartz Alton Roane

Jean Kaminski

Commissioner Hanson Reggie Tisdale

Paulette Alexander

Commissioner Bakich Bob McKee

Greg Nelson

Mr. James C. Watkins, Clerk, requested, as one of the constitutional officers, that they be kept informed of what the committee does, so that they can review it, as he felt one of the major problems with the past County Manager was the working relationship he had with the constitutional officers.

ACCOUNTS ALLOWED/COURTHOUSE/JAILS/COUNTY BUILDINGS & GROUNDS

Mr. Mike Anderson, Interim County Manager, explained this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved a request from Capital Improvements for approval of GTE'S proposal for prewiring the telephone service from the new Jail to, and throughout, the new Courts Building, at a cost of $57,835.64.

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY

Ms. Annette Star Lustgarten, County Attorney, explained this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request for consideration and approval of an agreement between Lake County and the Industrial Development Authority, with regard to handling the sale of County property, at the intersection of Highways 19/27 and the turnpike, and authorized proper signatures on same.

COUNTY EMPLOYEES/PERSONNEL

Ms. Lois Martin, Director of Personnel, appeared before the Board stating that she would be distributing to them a procedure for filling any vacant positions that become available in the County, as requested by the Board during the budget process. She stated that she had talked with the Interim County Manager, Mr. Anderson, about the matter. She requested the Board to review said procedures and possibly take action on them at the Board Meeting scheduled for November 5, 1991, as the filling of some positions have been put on hold, pending approval of same.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

MOSQUITO-AQUATIC PLANT MANAGEMENT

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

Mr. Will Davis, Director of the Lake County Water Authority, appeared before the Board stating that with these crunching budget times, the Water Authority Board has cut back in all phases of their budget, the treatment of hydrilla being one of them. He stated they have directed that only those treatments that will be

100% reimbursable by the State and Federal Governments will be done. He noted that there are canals and certain water bodies that do not have existing infestations of hydrilla, particularly Lake Eustis, Lake Dora, and several lakes in the Clermont chain, that will continue to receive treatment. He stated that it would only be those lakes which have known infestation, such as Lake Griffin, Lake Harris and Lake Yale, that may not be considered for treatment, that had been treated in the past.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request from Mosquito-Aquatic Plant Management Division, for approval of an Interlocal Agreement between the County and the Lake County Water Authority, for the treatment and management of hydrilla, and authorized proper signatures on same.

PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 652 - ARTHUR P. ENNIS - MT. DORA AREA

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

No one was present in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg, the Board postponed action regarding a request to approve Vacation Petition No. 652, for Arthur P. Ennis, by Steven Richey, to vacate a portion of an easement in Lake Joanna Estates, Mt. Dora area, District 4, for 30 days. This is a rehearing of Vacation Petition No. 652. The original staff recommendation was for denial; however, on July 16, 1991, the Board of County Commissioners approved the vacation.

PETITION NO. 655 - JIMMY SLOAN - CLERMONT AREA

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

No one was present in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board postponed action regarding a request to approve Vacation Petition No. 655, for Jimmy Sloan, by Leonard H. Baird, Jr., to vacate an unnamed road in the Groveland Farms Subdivision, Clermont area, District 3, for 90 days (Postponed from August 20, 1991).

PETITION NO. 661 - T. S. DIACHUN - CLERMONT AREA

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

Mr. Robert Stonerock, representing himself and the petitioner, Mr. Tim Diachun, appeared before the Board stating that the property in question is in Mr. Diachun's name; however, he has joint ownership in the property with Mr. Diachun. He stated the reason for this request is to obtain access to Mr. Diachun's property, his property, and the property owned by Mr. Papetti, to the north of the property in question, as they are presently landlocked. He then answered questions presented by the Board.

Mr. Clarence Papetti, the owner of a piece of property adjacent to the property in question, as alluded to above, appeared before the Board stating that he had no objection to the request, however, referred to an agreement which had been made with the parties involved and Mr. Steve Richey, a local attorney, four years ago, concerning access to said property. He stated that no mention of this agreement has been made in the request for vacation and without it, he is left in a questionable position, and wanted to make sure that said agreement is conformed with.

The County Attorney, Ms. Lustgarten, interjected that the parties to the agreement would be tied to the provisions of the agreement, and the County could not get involved, as this request pertains to a separate action. The Board can only approve or deny the request to close the road in question.

Mr. Stonerock reappeared before the Board stating that Mr. Papetti has a contract with him, and Mr. Diachun, that covers his

use of the road in question, and that it has nothing to do with Lake Ridge Club or Ethica Development Company (the development in question). He also stated that the road closing is to Mr. Papetti's advantage, as it is the only way he will have access to his property.

The Board pointed out the fact that they could not get involved with a private agreement made between the parties involved.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved Vacation Petition No. 661, for T. S. Diachun, by Dennis L. Horton, P.A., to vacate lot in Lake Ridge Club, First Addition, Clermont area, District 3.

PETITION NO. 662 - KAREN CRAWFORD - UMATILLA AREA

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

Ms. Karen Crawford, petitioner, appeared before the Board and answered questions pertaining to this request.

Mr. Bob Skinner, representing himself and approximately five other property owners whose property is being affected by the closing of the road in question, appeared before the Board and submitted a letter (for the record), in opposition, and answered questions pertaining to the request.

A brief discussion occurred regarding this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board postponed action regarding a request to approve Vacation Petition No. 662, for Karen Crawford, to vacate road in East Umatilla Plat, Umatilla area, District 5, for 90 days.

PETITION NO. 663 - BOB LEININGER - CLERMONT AREA

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

No one present was in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Vacation Petition No. 663, for Bob Leininger, Wyninger, Inc., by Scott Wynn, to vacate street, replat of Postal Groves, Lake Nellie area, south of Clermont, District 3.

PETITION NO. 665 - LEO PAUL GREEN - ASTATULA AREA

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

No one present was in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved Vacation Petition No. 665, for Leo Paul Green, to vacate road, Map of Astatula, Astatula area, District 3.

PETITION NO. 666 - JOHN J. ANTONY - GROVELAND AREA

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

No one present was in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Vacation Petition No. 666, for John J. Antony, to vacate road, Plat of Apshawa Groves, Groveland area, District 3.

PETITION NO. 667 - A. E. ANDERSON, JR. - CLERMONT AREA

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

No one present was in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Vacation Petition No. 667, for A. E. Anderson, Jr., by Farner, Barley & Associates, Inc., to vacate roads and tracts, Clermont Farms, Clermont area, District 3.

PETITION NO. 668 - A. E. ANDERSON, JR. - CLERMONT AREA

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

No one present was in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved Vacation Petition No. 668, for A. E. Anderson, Jr., by Farner, Barley & Associates, Inc., to vacate roads and tracts, Clermont Farms, Clermont area, District 3.

GRANTS/OUTDOOR RECREATION/RESOLUTIONS/STATE AGENCIES

Mr. Jim Stivender, Director of Public Works, explained this request. He stated it was being brought back to the Board, at this time, for them to decide whether or not they want to keep it.

Mr. Chuck Pula, Parks & Facilities Division Director, appeared before the Board and gave a presentation regarding where the program presently stands, and what is intended for it in the near future, at which time he distributed a booklet titled the "Lake County Bicycle/Pedestrian Plan", which he reviewed with the Board.

Mr. Don Tannery, a long time resident of Lake County, appeared before the Board stating that he is an avid cyclist, and feels that this program is very good for the County. He stated that, with the number of cyclists growing in the County, noting that Lake County is known throughout the Southeast as the mecca for cyclists due to the various terrain in the County, it is becoming more and more apparent that the County needs something like this to make it safer for them. He requested the Board to approve this request.

Mr. Lloyd Hlavac, a resident of Mt. Dora, appeared before the Board and submitted (for the record) a petition in support of the resolution before the Board this date, establishing a Bicycle Advisory Committee. He distributed a leaflet, for the Board's perusal, pertaining to the Mt. Dora Bike Festival.

Mr. Jim Hill, a resident of Leesburg, appeared before the Board stating that he is a member of the newly formed Parks & Recreation Committee, and an avid cyclist. He reemphasized the fact that Lake County is becoming a mecca for cyclists - not only for recreational purposes, but for commuting back and forth to work, as well. He stated the County needs someone to coordinate events and to try and obtain more grants for this program.

Ms. Eloise Fisher, a resident of Eustis, appeared before the Board stating that she was speaking on behalf of Lake County Rails to Trails. She stated several reasons why she felt the County needs the Bicycle/Pedestrian Coordinator Program, being safety, a way for the Board of County Commissioners to help the Lake County School Board implement bicycle education programs, and economics. She stated that, for four years, the State has given money to the different counties to buy abandoned rail beds, in order to put in rail trails, noting that the first year the line across south Lake County was number one on the priority list, however, was passed over, at the time, due to lack of county commitment to the Rails to Trails Program. She stated that, due to this fact, other areas are getting said funds. She stated that $3.7 million is being distributed again; however, this year Lake County is down on the list, due to the fact that some other counties are putting in more effort than this county. She stated that the Bicycle Coordinator is one of many things that show local support of the program, and hoped that the Board would support it.

Ms. Jane Kramer, a resident of Mt. Dora and a member of Rails to Trails, appeared before the Board stating that the County's economy is a major issue, and noted that the Mt. Dora Bicycle Festival (which is scheduled for the weekend following this meeting) will bring 1,500 cyclists into the area, not counting the people who are running the festival, or members of their families. She stated it would be well worth it to the economy of the County for the Board to approve authorization to apply for the matching funds grant.

Commr. Bailey stated that he had voted to support this request when it came before the Board last year, as he believed in it then and still does, thus will support it.

Commr. Swartz interjected that Mr. Al Liveright, from the Mt. Dora Chamber of Commerce, had called and requested the Board to support this request.

A motion was made by Commr. Swartz and seconded by Commr. Hanson to move forward with the Department of Transportation, to again institute the Bicycle/Pedestrian Coordinator Program; to approve authorization to apply for a grant, and amend the budget, if necessary, to incorporate said funding; to approve a resolution for a joint participation agreement with the Florida Department of Transportation; and to approve a resolution for the establishment of a Bicycle Advisory Committee, and authorized proper signatures on same. The grant does not require a monetary match.

Under discussion, Commr. Gregg stated that he, too, along with Commr. Bailey, voted to support this request last year when it came before the Board, and will support it now. However, should the County ever have to bear total financial responsibility for it, he could not, and would not support it, due to the need for the funding in other areas.

A brief discussion occurred regarding the proper use of these funds, at which time Commr. Swartz stated that one of the criticisms that came last year, during budget time, was that these monies could have been used for other things, which he noted was not true. He stated that the monies that were expended came out of the County's Transportation Trust Fund, and could not have been used for anything else, at which time Commr. Gregg interjected that the funds come from gas and cars, not bicycles. He stated that there has been some discussion about a possible impact fee on bicycles, which he felt would add credence to the whole program, as it would be a little more self supporting.

Commr. Swartz requested Mr. Dave Warren, Director of Tourist Development, to work with the various groups and determine, beyond the safety aspect, and beyond the fact that some people need to be able to ride or walk to school, what type of economic benefit derives from the program, and as to whether the County should be looking at that, as well, in a positive way rather than in a negative way.

Commr. Bakich concurred with what Commr. Gregg stated about the program becoming more self supporting, by a possible bicycle impact fee being imposed, stating that it would lend more credence to the program, which might encourage the private sector to become more involved, once they see the economic benefits of this type of activity in the County.

Mr. Stivender, Director of Public Works, informed the Board that one of the purposes of this program is to educate children, and that what the Board needed to approve this date was the grant application and the resolution for participation, noting that a resolution pertaining to the Bicycle Advisory Committee (BAC), will be brought back to the Board, at a later date, for approval.

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

LANDFILLS/ENVIRONMENTAL SERVICES

Regarding a presentation which had been scheduled to be given at this time concerning the preliminary findings on landfill reclamation, it was suggested that the Board hold a workshop meeting, at a later date, due to the large agenda for this meeting, as the Board would like to have more time to discuss the matter, as well as the fact that they would like to be able to meet with Professional Financial Management (PFM) prior to this matter being discussed. It was the consensus of the Board to hold the workshop meeting on October 22, 1991, at 1:30 p.m.

Mr. Dan Eastwood, a local resident, appeared before the Board stating that he concurred with the Board postponing this presentation until a later date, and suggested letting PFM review the findings of this report, before they make their presentation on November 5, 1991.

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

ROADS-COUNTY & STATE/STATE AGENCIES

Mr. Jim Stivender, Director of Public Works, explained this request, and stated that he would like to get the roads in question

out of the County maintenance system. He stated that the State wants to restrict access to said roads, by putting up some type of gate, due to trespassing occurring on the property.

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

CR-433 and Ethel Drive (4-4397) to the State of Florida, Department of Natural Resources (DNR) Park Service.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/PUBLIC WORKS

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

Commr. Gregg suggested that staff watch this program very closely, and not allow it to get to the point where the County is paving more roads than it should be.

Commr. Swartz made a few suggestions to staff for allowing some flexibility in the paving of one of the roads in question (South Buckhill Road), at which time the Board agreed to allow Mr. Stivender the flexibility to do as Commr. Swartz suggested.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request for a multi-year surface treatment program, in priority order, to be performed by the Department of Public Works; to limit it to a maximum annual materials quantity of 700 tons of 3/8" rock, 1,300 tons of 5/8" rock, and 42,160 gallons of RC-70 (materials estimated cost not to exceed $200,000.00 total over three years), with the stipulation of having some flexibility on South Buckhill Road.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request to advertise for bids, for Road Construction Project No. 4-92, Ranch Road (3-2854) "Part" and Lois Drive (3-3259), at an estimated cost of $191,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request to advertise for bids, for Road Construction Project No. 5-92, 10th Street (5-8898C); Hermitage Drive (5-8898F); Monterey Road (4-8898E); East 2nd Avenue (5-8898D); Lake Mack Drive (5-8698); and C-42 Intersection Improvement Lump Sum Construction Project, at an estimated cost of $220,375.00.

ACCOUNTS ALLOWED/BIDS/OUTDOOR RECREATION

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

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request to advertise for bids, for Project No. R-7, Singeltary Park/Tavares Park docks, at an estimated cost of $71,500.00.

Commr. Swartz commended Mr. Stivender and his staff, particularly Mr. Chuck Pula, on the fine job they did with the Singeltary Park, Tavares Park, and Marsh Park boat ramp projects.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

ROAD PROJECTS

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

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request to award and authorize Project No. 1-92, Countywide Resurfacing, to Orlando Paving Company, Inc.; to encumber and expend funds, in the amount of $575,043.65; and to execute the Interlocal Agreement with the City of Eustis, for the paving of the roads in the Pine Meadows area, and authorized proper signatures on same.

ACCOUNTS ALLOWED/ROAD PROJECTS

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

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a request to award and authorize Project No. 2-92, C-437 Widening and Resurfacing Lump Sum Construction Project, to Trac Roadbuilders, Inc., and to encumber and expend funds in the amount of $284,417.49.

PUBLIC WORKS/ROADS-COUNTY & STATE/MUNICIPALITIES/SUBDIVISIONS

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

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request to advertise Vacation Petition No. 669, by Lake County Public Works, to vacate road in Piney Woods Subdivision, Fruitland Park area, District 1.

COUNTY MANAGER'S SUPPLEMENTAL AGENDA

ACCOUNTS ALLOWED/ANIMAL CONTROL/BUDGET TRANSFERS/BUDGETS

Ms. Eleanor Anderson, Director of Administrative Services-Budget, explained this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a request to transfer funds, in the amount of $1,040.00, from the Special Reserve Account, and $100.00 from Professional Services Operating Expenses, for a total amount of $1,140.00 to be transferred to Neutering Charges Operating Expenses of the Animal Shelter Trust Fund; a request to rescind action approving Budget Transfer No. 91-0425, on September 17, 1991, amending the Corrections Department budget, in which additional funds were approved for inmate medical care; and a request to approve Budget Transfer No. 91-0449, in the amount of $40,000.00, from Repair Maintenance & Food Line Operating Expenses, to Inmate Medical Care Operating Expenses, to correct an error made on Budget Transfer No. 91-0425.

APPOINTMENTS-RESIGNATIONS/HEALTH & GENERAL SERVICES

Commr. Bailey, Chairman, presented a plaque to Mr. Lonnie Strickland, Executive Director of Health & General Services, who resigned, in appreciation of his 12 years of service to the County.

COUNTY ATTORNEY'S MATTERS

PLANNING & DEVELOPMENT/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, informed the Board (for informational purposes) that the Administrative Hearing before the Department of Community Affairs, concerning the Comprehensive Plan for Lake County, is scheduled for the month of April, 1992. She stated that two weeks will be set aside for said hearing, and as soon as she is made aware of said dates, she will inform the Board of same.

No action was needed at this time.

COMMISSIONERS' BUSINESS (CONT'D.)

COMMITTEES/FIRE PROTECTION/RESOLUTIONS

Commr. Swartz brought to the attention of the Board the fact that a letter had been sent to each of the cities in Lake County requesting them to work together, to select an individual to represent them on the Fire and Rescue Services Study Committee. He stated, however, that there were some problems involved with the selection of a representative, as one of the cities wanted its own representative. He stated that the only way he saw to solve the problem would be to appoint a representative, and then have an alternate.

Commr. Gregg stated he saw no problem in having two representatives for the cities on the committee.

A brief discussion occurred regarding the matter, at which time it was noted that it was the consensus of the Board to have two representatives on the committee from the cities.

Discussion occurred regarding the placement of a ballot question on the March 9, 1992 presidential primary ballot, to determine the level of service for fire and rescue services desired

by the residents within the "Lake County Municipal Service Taxing Unit for Fire Protection", and the non-ad valorem assessment needed to fund that level of service, at which time Ms. Lustgarten, County Attorney, informed the Board that they had until January 7, 1992, to adopt the ballot question for the March presidential primary.

Discussion occurred regarding the matter of the resolution.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the adoption of a resolution creating the Lake County Fire and Rescue Services Study Committee, with the following changes: The number of members will be changed from nine (9) to ten (10); a city representative will be added indicating representation of the Town of Lady Lake alone; and it will be noted that the other city representative will represent Minneola, Astatula, and Howey-in-the-Hills.

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

COMMITTEES/COUNTY MANAGER/PERSONNEL (CONT'D.)

Commr. Gregg brought to the attention of the Board the fact that he felt the Board should have a liaison commissioner on the County Manager Selection Committee, as, like Commr. Swartz, he too felt that the committee needs to understand the Board's side of the story, and the only way that that can be conveyed, is through a representative of the Board being on said committee.

Discussion occurred regarding the matter of the interview process for the County Manager's position, at which time it was suggested that the selection committee rank the top ten applicants and turn said names over to the Board, for them to select, of those ten, which ones they want to interview.

Ms. Lois Martin, Director of Personnel, appeared before the Board and referred to a memo which she had distributed to them, from her, indicating how the selection process for the County Manager will work. She requested the Board members to jot down any comments that they might have, on the memo, and forward it to her, so that she can take everyone's viewpoint into consideration, and

make a recommendation to them at the Board Meeting scheduled for November 5, 1991, at which time the final process for the selection will be approved.

It was the consensus of the Board for the selection committee to submit ten (10) applicants, for the Board to select, of those ten, which ones they wish to interview.

No action was taken at this time.

OTHER BUSINESS

COURTHOUSE/COUNTY BUILDINGS & GROUNDS/COUNTY POLICY

Commr. Bakich brought to the attention of the Board the fact that he had had several individuals approach him regarding a problem with solicitation on county property, noting that they felt it was getting to the point where it was getting out of hand, and he felt the Board should, perhaps, address it.

A brief discussion occurred regarding the matter, at which time it was noted that a policy does exist regarding solicitation on county property; however, it is not being enforced, and might need to be revisited.

The fact that, from time to time, certain employees sell items for their children for school functions, or sell items as a second income, in the various offices of the Courthouse, did not seem to be a concern - it was the types of solicitation where people are approached as they enter or exit the various county buildings that seem to be the problem.

Staff was requested to bring the policy pertaining to solicitation on county property to the Board, at a later date, for review and discussion, at which time a decision will be made regarding it.

No action was taken at this time.

COMMISSIONERS' BUSINESS (CONT'D.)

COMMITTEES/FIRE PROTECTION/RESOLUTIONS (CONT'D.)

Commr. Swartz brought to the attention of the Board the fact that, in adopting the resolution creating the Lake County Fire and

Rescue Services Study Committee, the Board did not approve the appointments to said committee.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following appointments to the Lake County Fire and Rescue Services Study Committee:

Commr. Swartz Liaison Commissioner

Glenn Tyre Lake County Taxpayers League

Linda Yoder Volunteer Fire Association

John Ellis Lake County Fire Board

John "Jack" Kofoed East Lake County Chamber of Commerce

Dave Blackall Mobile Home Community

Susan Kern City Representative - Town of Lady Lake

Carlin Washo City Representative - Minneola, Astatula, and Howey-in-the-Hills

Claude Smoak, Jr. Farm Bureau

T. J. Townsend Citizen Representative

OTHER BUSINESS

ASSESSMENTS/COMMISSIONERS/PROPERTY APPRAISER

Mr. Mike Anderson, Interim County Manager, brought to the attention of the Board the fact that they needed to select a date in which they could serve as the appeal board for the non-ad valorem tax assessments. He stated that he had spoken with Mr. Ed Havill, Property Appraiser, and he had indicated that he felt the County should be in a position to start hearing the appeals early in December, 1991.

After a brief discussion regarding the matter, it was the consensus of the Board that they would start hearing the appeals on Tuesday, December 3, 1991, at 2:00 p.m., and, if necessary, would

continue the hearings to December 4 and 5, 1991, at 9:00 a.m.

The fact that the Clerk's Office might incur certain costs associated with the appeal board, was brought up for discussion, at which time staff was directed to come back to the Board with an estimate of said costs, if any, in order for the Board to address the matter.

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS/CLERK/FINANCE

COURTS-JUDGES/PUBLIC DEFENDER/STATE ATTORNEY

Mr. Mike Anderson, Interim County Manager, informed the Board of this For Your Information item.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board acknowledged the fact that the fiscal responsibility for Constitutional Officers, Judiciary, Public Defender, and State Attorney, that was previously handled by the Clerk's Office, has been transferred over to the Board of County Commissioners for handling. In the future, said requests will be brought to the attention of the Board on the County Manager's Consent Agenda.

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

COMMITTEES/COUNTY MANAGER/PERSONNEL (CONT'D.)

Ms. Lois Martin, Director of Personnel, appeared before the Board stating that she had submitted a memo to them (with some information attached), for their review, concerning a question which had been presented to her regarding the difference between a County Manager and a County Administrator. She then cautioned the Board members on meeting with any potential applicants for the County Manager's position, as it tends to give them a false sense of possibly being a strong contender for the position, which may not be the case. She requested the Board, should they receive any requests from possible applicants to meet with them, to refer said individuals to either her or Ms. LeEster Koranteng, Personnel Assistant, and they will be glad to sit down with said individual and explain the position to them.

OTHER BUSINESS (CONT'D.)

AUDITS/HEALTH & GENERAL SERVICES/PLANNING DEPARTMENT

STATE AGENCIES

Mr. Mike Anderson, Interim County Manager, informed the Board that his office had been notified of an audit which had been conducted in February and March of 1991, by the Department of Housing and Urban Development (HUD), relative to Section 8 Housing. He stated that HUD had cited the County in violation of spending money for non-departmental business, specifically some office furniture and equipment that apparently came out of Section 8

Housing money. He stated that the County responded to the audit report, however, there were still some questions as to whether the response was proper and satisfactory. Consequently, there had been an internal audit conducted by the Clerk of Courts, and the findings of that audit had been provided to him approximately a week ago. He stated that there were some discrepancies in the dollar amounts reflected in the HUD report, and the internal audit done by the Clerk of Courts.

Mr. Anderson then stated that HUD also wanted to go back and verify some of the findings, that, in fact, the furniture and equipment was where the reports indicated they were. He stated that it has taken approximately a week to come up with property records and identification, and to trace down the requisitions and purchase orders to confirm the findings. He stated that, apparently, there is an avenue in the Section 8 Housing budget, that provides for overhead costs for furniture and equipment, as long as it is used for Section 8 Housing, and it is under this condition that Mr. Swanson apparently purchased the items in question. He stated that HUD has requested additional explanation, and a paper trail to support it; however, Mr. Swanson has yet to respond to the inquiry formally, in writing, and HUD has yet to officially respond to that. He stated that he has been waiting for the response to that portion of the audit.

It was noted that Mr. Swanson is preparing a formal written response to the HUD inquiry, at this time, and the matter is to be brought back before the Board, at a later date, for further discussion and/or action.

RECESS & REASSEMBLY

At 12:05 p.m. the Chairman announced that the Board would recess for lunch, and would reconvene at 2:00 p.m. for Rezoning.

REZONING

Mr. Greg Stubbs, Director of Current Planning, explained each of the zoning cases before they were heard.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a 30 day postponement for the following case, as requested by the petitioner:

No. 101-91-2 Patrick Wavre c/o R. J. Whidden

Paradise Lake Estates

PETITION NO. 56-91-1 RR TO R-1-15 LARRY SNODGRES &

ROY E. IDE

Mr. Ted Wicks, Wicks Consulting Services, Inc., representing the petitioner, appeared before the Board and explained what had transpired with this case up to this point. He noted that, due to the environmental sensitivity concerning a portion of the property which consists of 1.8 acres, the petitioner had been requested to limit the density on that portion of property to three (3) units, and noted that he had a Developer's Agreement indicating same.

Ms. Annette Star Lustgarten, County Attorney, stated that she had not seen the agreement, and that the motion should be subject to approval of same by the County Attorney.

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that he had prepared the Developer's Agreement, and briefly discussed same.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RR (Rural Residential) to R-1-15 (Residential Estates), for construction of a single-family residence, subject to approval of the Developer's Agreement by the County Attorney.

CUP NO. 91/6/1-3 CUP IN A JERRY J. CHICONE

Mr. Jim Barker, Director of Pollution Control, appeared before the Board and updated them regarding this request. He then answered questions pertaining to the request.

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

(Agricultural), to allow agricultural irrigation with reclaimed water from the Water Conserv II Distribution Center.

CUP NO. 91/6/2-3 CUP IN A JACK H. ROSS

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

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), to allow agricultural irrigation with reclaimed water from the Water Conserv II Distribution Center.

PETITION NO. 104-91-3 A TO ER LAKE SUE PARK, INC.

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

Commr. Swartz stated he could not support this request and noted the reason why.

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

Commr. Swartz voted "No".

PETITION NO. 105-91-3 R-1-15 TO R-1-7 RICHARD & PATRICIA SCHLAMEL

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

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-1-15 (Residential Estates) to R-1-7 (Urban Residential), for the construction of a single-family residence.

PETITION NO. 110-91-2 RR TO A C. ROGER FREEMAN

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

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

from RR (Rural Residential) to A (Agricultural), for agricultural related use.

PETITION CUP NO. 409A-1 AMENDMENT TO CUP NO. 409-1

TOM MCCLOSKEY FLORIDA METHODIST YOUTH CAMP

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

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for an amendment to CUP No. 409-1, to add additional land, to use for renovation of cabins on the property.

PETITION NO. 109-91-3 A TO ER VIRGIL P. KENDRICK

Commr. Swartz questioned Mr. Stubbs, Director of Current Planning, as to why the petitioner requested an ER zoning rather than an RR, considering the location of the property, at which time the petitioner stated (from the audience) that she had not requested ER, that someone in the Zoning Department had indicated to her that an ER zoning is what she needed to request.

A brief discussion occurred regarding this request, at which time the petitioner answered questions from the Board. It was noted that the petitioner only had 1/2 acre, and needed an additional one-half acre, in order to build the home she wished to build, thus, the reason for the ER zoning request.

Commr. Swartz questioned Mr. Stubbs regarding the fact that if this request is approved, at what point the petitioner could go in and obtain further approval, or pull the necessary permits to get her home built, to which he responded that they could be obtained within the week.

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

provide the petitioner with the necessary documentation to build her home.

COMMISSIONERS

At 2:25 p.m. the Chairman turned the chair over to the Vice- Chairman, Commr. Swartz.

PETITION CUP NO. 91/9/1-1 CUP IN RR KATHERINE AMO

A motion was made by Commr. Gregg and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve a request for a CUP in RR (Rural Residential), with the deletion of Item (B), under Conditions, which pertains to parking, to allow a home occupation for the operation of a photography studio.

Mr. Tim Sun, Neil Fischer Realty, appeared before the Board stating that he was representing Ms. Martha Martin, who has purchased the land in question from the petitioner. He stated that the petitioner was requesting to have the condition pertaining to buffering and screening deleted from the request, along with the condition pertaining to parking, which the Planning and Zoning Board had already approved to be deleted.

Commr. Gregg amended his motion to include the request that the buffering and screening requirement in Item (C), under Conditions, not be required on the north or the west sides of the property in question.

Ms. Annette Star Lustgarten, County Attorney, interjected that it should be made clear that approval of this request is subject to the conditions in the Code for Home Occupations.

The Vice Chairman, Commr. Swartz, called for a vote on the motion, which was carried.

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

COMMISSIONERS

At 2:30 p.m. the Vice-Chairman turned the chair back over to the Chairman, Commr. Bailey.

PETITION NO. 46A-91-1 AMENDMENT TO CP ORDINANCE NO. 22-91 GARY & BABETTE WARD

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

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for an amendment to CP Ordinance No. 22-91, for setbacks to be 22 ft. on Pringle Avenue and 40 ft. on Skinner Avenue, for the addition of a warehouse and retail area for the existing business.

PETITION NO. 228A-89-4 ONE YEAR EXT. OF PRELIMINARY PUD ORD. NO. 101-89 PETER VOLCHKO & MARK CARSON (GATWICK II)

Ms. Cecelia Bonifay, Attorney, representing the petitioner, appeared before the Board stating that her client was requesting a one year extension of the PUD, noting that this is the first time that they have asked for an extension on this particular project. She stated that a final plat has been filed for Phase IA of the development, and they are trying to move forward with it. She noted that her client has been held up for approximately six to eight months, in trying to negotiate with the Department of Community Affairs (DCA), with regard to whether or not this project is a Development of Regional Impact (DRI), and that due to this fact, DCA has requested staff not to process any applications for development review on this project until the question is resolved.

Mr. Roy Onyett, a resident of Gatwick I, which is immediately to the north of the proposed development, appeared before the Board stating that he was opposed to the development, for various reasons, which he stated. He requested the Board to deny the request.

Mr. Dennis Ramsey, who also lives in Gatwick I, which he noted is a development of five to ten acre parcels, appeared before the Board stating that the residents who live in Gatwick I are not so much opposed to the proposed development (Gatwick II), as they are to the fact that they have been unable to obtain information

regarding what has been approved and what is going to take place in the development. He requested Ms. Bonifay to allay the concerns of the residents of Gatwick I by stating exactly what is going to take place in the development.

Ms. Bonifay reappeared before the Board, and stated what the density of the development is going to be, noting that her client has decreased the density and the intensity of the development, at which time she submitted a development plan to the Board, for their perusal. She stated that the number of units for the development has been reduced from 309 to 218, which means that the property will be developed in two acre tracts. She then answered questions presented by the Board.

At this time, Mr. Dominick Boetto (who owns 80 acres of agricultural land adjacent to Gatwick II), Ms. Sally Onyett (an adjacent property owner to Gatwick II), and Mr. Ramsey approached the Board and reviewed, with them, the development plan which Ms. Bonifay had submitted, for their perusal, indicating concerns which they had regarding same.

Discussion occurred regarding a problem which Mr. Boetto had with the proposed development, at which time Ms. Bonifay requested a 30 day postponement, in order to try and resolve said problem.

Mr. Ramsey reappeared before the Board and reiterated the fact that the residents of Gatwick I are not opposed to the proposed development, as they feel that a quality development will enhance their development - they are only concerned about having the density of the small lots, in Gatwick II, up against their large lots, in Gatwick I. He stated they would be happy to sit down with Ms. Bonifay and the developer and try and resolve their concerns.

A motion was made by Commr. Hanson and seconded by Commr. Gregg to approve a 30 day postponement, as requested by Ms. Bonifay, to allow her the opportunity to resolve the problem involved with Mr. Boetto's property, and the concerns of the other residents.

Commr. Swartz stated that he wanted to make sure that staff complies with the direction coming from DCA, on the issue of the DRI, and that whatever comes back to the Board in 30 days addresses that point, as well.

Commr. Bakich addressed the issue of the frequency that PUDs come back to the Board, and suggested that the Board consider lengthening the PUD time frame, noting that he did not know if the Board had ever come to a clarification on it, but would like the Board to discuss whether they are going to extend it, or keep it the same.

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

PETITION NO. 229A-89-4 ONE YEAR EXT. OF APPROVED PUD ORD. NO. 102-89 RAMAPO RANCH (UPSON DOWNS)

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

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a one year extension of approved PUD Ordinance No. 102-89 (Upson Downs).

PETITION NO. 177A-90-3 AMEND. TO APPROVED PUD ORD. NO. 73-90 RUFUS SUGGS, ET AL MARSH POINT F/K/A VILLAGES OF FAIRWAY OAKS

Mr. Donald Pace, representing the developer, Robert C. Onorato & Associates, Inc., appeared before the Board and discussed the development plan for the proposed development, as well as a requirement under Section VII, Transportation Improvements, of the PUD, in Paragraph 5, that states that the developer is to extend the roads and rights-of-way to provide connections to Howey Cross Road and Turnpike Road, where they connect with the property in question.

Commr. Swartz stated that if it is the Board's intention to allow some future connection, that it is better to have the stub-out done, so that the people who buy the lots in that area see it

going to the property line, at which time Mr. Pace stated that this particular requirement will affect the last phases of development -the last four to five years - so, by that time, the configuration of the plat could change a little from the point of the final plat.

A brief discussion occurred regarding the matter.

Mr. Pace then discussed the matter of the school impact fee, stating that the Technical Review Committee (TRC) had recommended that the developer provide one 65 passenger school bus, at a cost of $32,000.00, and requested that said monies be credited toward the school impact fees that are being charged to them, due to the fact that the development in question is going to take three to five years to make an impact of any magnitude on the school in that area.

Commr. Swartz stated that the school impact fee does not provide for school buses; therefore, it would not be an appropriate credit. He also stated that the reason the TRC is requesting the school bus is due to the fact that the location of this project, from other schools, is going to create a demand for an additional school bus to pick up and deliver the children that will be moving to the area.

Mr. Gene Molnar, Lake County School Board, appeared before the Board in response to a question regarding whether or not a school bus can be purchased for $32,000.00, to which he stated that that is the current bid price, however, noted that it will change from year to year.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board amended the PUD in question to include, under Section VIII, Special Requirements, a requirement that, by the completion of Phase II, a school bus, as recommended by the School Board, be provided by the developer.

Mr. Pace then interjected (for the record) that the developer agrees with the new Comprehensive Plan for Lake County.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for an amendment to PUD Ord. No. 73-90, to add additional land, with a stipulation that the rights-of-way alluded to earlier be extended, but that the pavement just be for the needs of the developer and that, at a future date, the developer do the improvements.

Commr. Swartz voted "No", and stated the reason why he could not support it.

PETITION MSP NO.91-9-2 MSP IN A RINKER MATERIALS CORPORATION

A FLORIDA CORPORATION

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

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a MSP (Mining Site Plan) in A (Agricultural), for a sand mine.

Commr. Swartz voted "No".

PETITION NO. 106-91-3 A & RR TO PUD WITH WAIVERS FROM SUBDIVISION REGULATIONS AND ZONING ORDINANCE

JOHN F. LOWNDES (THE HIGHLANDS)

Mr. Greg Stubbs, Director of Current Planning, noted (for the record) that staff has on file 152 letters in opposition to this request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that this request is for a DRI, and if the Board approves it, no additional development permits can be issued until a redevelopment agreement is entered into, or a development order for the DRI is issued; therefore, the Board can grant the PUD zoning, but no further development orders will be issued until one of the two things she mentioned is done.

Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board stating that this development is one of regional impact, and that on October 2, 1991, his client had sent

a letter to the Department of Community Affairs (DCA) agreeing that no development would commence on the site until either a general development agreement, or a predevelopment agreement, was signed by the owners and DCA. He referred to Paragraph 4. of Section XII, Special Requirements, on Page 15, of the Lake County staff report, stating that his client fully agrees with all the requirements noted in said paragraph, which he read into the Minutes. He stated that they have met with a lot of individuals who are concerned about this project, some of which support it, and some that do not, and have met with various members of staff, as well. He stated that, once everyone that wishes to speak this date about the project has done so, they can then have the consultants (present in the audience) address any concerns there might be regarding the project. He stated that they want to be good neighbors with the surrounding property owners.

Mr. John Percy and Mr. Bill Kircher, with Glatting, Lopez, Kircher, Anglin, Inc., serving as the planners for the project in question, appeared before the Board to discuss the project and answer any questions there might be. Mr. Percy then reviewed an aerial map of the property and discussed the Preliminary Development Plan, at which time he stated the various uses for the property, as well as the amount of acreage set aside for each use. He then answered questions presented by the Board.

Ms. Susan McLean, a local realtor, questioned how many one acre lots the project will have, at which time she was informed that there will be 70 one acre lots, out of the 780 acres of residential property.

Ms. Paula Templin, a resident of the area in question, appeared before the Board stating that she owns one acre, with a home, overlooking a lake and hill that is located within the development, at which time she stated concerns that she had in how the development was going to affect her home and the resale value of it.

Mr. Jim Modica, Modica & Associates, Inc., the environmental consultants retained by the developer, appeared before the Board stating that, within the project site, there are four areas that he would classify as environmentally sensitive, being Teardrop Lake, Grassy Lake, and two other areas that contain native plant communities, noting that the developer stayed out of these areas completely.

Ms. McLean reappeared before the Board stating that she owns, and lives on, ten acres on top of Sugarloaf Mountain. She stated that she is concerned about the size of the development, and questioned where the money is supposed to come from, to build a school on the ten acre site that has been donated for it. She stated that she felt it was poor management to allow a development of this size to be built in a town the size of Clermont, without proper facilities to handle it, as it is going to have a tremendous impact on the community. She stated that she felt it was grossly unfair to those individuals that intentionally bought rural land, so that they could live in the country. She stated that she expects, and does not mind, a reasonable amount of development, but to have a whole new city in your backyard is ludicrous and very poor management.

Mr. John Hall, representing the Shepherd of the Hills Homeowners' Association, appeared before the Board, in opposition, and addressed several issues, and what impact he feels they will have on his subdivision, which borders the development in question. He stated he wanted to file a public protest with the Board of County Commissioners, as none of the property owners in his subdivision were properly notified of this meeting, nor were they able to properly prepare themselves to evaluate a project of this size, which he noted is the second largest ever to go in, in Lake County, and they were given no rights in the matter. He referred to Section 696.15, Paragraph 7, of the Lake County Zoning Ordinance, which pertains to the proper notification of any public

hearings, and read same into the record. He then discussed the PUD, stating that what the residents are primarily concerned about is the impact that the commercial development will have on their subdivision's drinking water (well water) and the impact that the development will have on the local school. He stated they have many questions that are unanswered.

Further discussion occurred regarding the development, at which time Mr. Hall referred to a policy concerning mitigation of impacts from adjacent developments, and a policy pertaining to commercial uses at turnpike interchanges, which he read into the record. He questioned what type of school will be built on the ten acre site that is to be donated to the School Board, and was told that it would be an elementary school, at which time he discussed the Florida Power easement for the development, stating that he was very concerned about the fact that it contains very high voltage lines and the children will have to walk very close to the easement on their way to school. He then referred to and discussed the Pollution Control Report, dated August 29, 1991, which pertains to the Florida Aquifer, which he read portions of into the record. He also read that portion of Policy 2-2.2 of the Comprehensive Plan, that pertains to activities within recharge areas, into the record. He ended his discussion stating that he is not anti-growth, but that he is for controlled growth.

Mr. Casey Contini and his wife, abutting property owners of the development in question, appeared before the Board, in opposition to the development. Mr. Contini stated that they feel the density, and the commercial property, that the developer is asking for are incompatible with the surrounding properties, and discussed some major detriments that he felt this development will have on the existing community. He stated that when he purchased his land, in 1989, the Comprehensive Land Use Plan, the Turnpike Plan, and the tax rolls showed that all the surrounding properties were zoned rural and agricultural, and nowhere did anything

indicate that the area around him was going to be anything but such. He discussed the extension of the PUD that was requested, the reason for said extension, and the request for waiver by the developer. He stated that he feels the plan is an ill conceived one, and that the Board should do away with Phase II of the development altogether.

Mr. Mark Tripp and his wife Doris, who live across the street from Phase I of the development in question, appeared before the Board to discuss this case. Mr. Tripp stated that he and his wife were not notified of this meeting, nor was anyone else on their street (Debbie Lane). He stated that when they purchased their property they were told that the area would be agricultural/ residential. He then stated their reasons for being against this development, being a concern about the future crime rate the development will bring, a concern about the zoning violations and the variances, the fact that the development is not consistent with the surrounding area, and the matter of increased traffic which the development is going to create on Debbie Lane. Mrs. Tripp then stated that they have a small child and another one on the way and is concerned about their safety.

Ms. Pam Sweat, a local resident, appeared before the Board stating that Turkey Farm Road (which she lives on) will not handle the amount of traffic that will be traveling on it, generated by this development, on a on a day-to-day basis. She mentioned the amount of children presently in the area, and the fact that she is concerned about their safety should this request be approved.

Ms. Paula Templin, a resident of the Shepherd of the Hills Subdivision, appeared before the Board and also discussed the impact that this development is going to have on the traffic situation around her subdivision.

Ms. Judy Legge, a resident of the area, appeared before the Board, in opposition, and questioned why it was only those people who live on property immediately surrounding the property in

question that were notified, and not those people that are going to be affected by the roads, as well, to which Mr. Stubbs responded, stating that only those individuals living within 150 feet of the development are notified. Ms. Legge stated that she is going to be affected by the proposed road map that is going to go along with the development, as it is going to come right at the end of her property, and felt that those citizens that are going to be affected by the roads have just as much a right to voice their opinions as those who live immediately around the development. She then questioned where the environmentally sensitive areas are within the development, at which time Mr. Modica indicated same on the map which was on display, and stated that the developer will comply with the rules and regulations set forth by the Florida Fresh Water Game & Fish Commission, regarding same.

Ms. McLean reappeared before the Board stating that to only notify those residents that live within 150 feet of the development is not adequate. She stated that it is a development of regional impact, that is going to affect Minneola and Clermont; therefore, it should be advertised in the South Lake Press, in order to allow all those residents that it is going to impact, to have the opportunity to appear before the Board and express their feelings. She stated she did not think that anybody has ill will towards any company that does good development, but feels that, due to the fact that this particular development is so large and has not been publicized, it is the Board's responsibility to see that the population in South Lake County knows what is being proposed for the property. She stated it is too much, too soon, too railroaded, and not enough information is available.

Commr. Bakich responded to the comments made by Ms. McLean regarding the fact that she felt the development was being railroaded through the approval stages, stating that this was not the case - if so, everyone would have been limited to five minutes, and the vote would have been taken. He stated that the Board is

interested in their comments and because of that, it will go to the Regional Planning Council, where it will go through an extensive process, if it is approved.

Mr. Charles Foss, who lives on Grassy Lake Road, appeared before the Board stating that he happened to be one of the residents who has pcb (polychlorinated biphenols) in his well. He questioned where the development is going to get their water from, and who is going to pay to verify that it is potable. He stated that, according to the Florida Statutes, it is the responsibility of each local government to identify and depict existing and planned water wells, and their cause of influence, in its Comprehensive Plan. He stated that he has not seen any evidence of this nature. He stated that, according to an article that was recently in the local newspaper, there are over 200 wells in Lake County that have the chemical pcb in them, and, so far, these wells have been paid for by the taxpayers.

Ms. Louise Patrick, who lives on Debbie Lane, appeared before the Board stating that she wanted it in the record that she agreed with all the people that had spoken, in opposition to this request. Ms. Barbara Turcyn, who lives on Sugar Loaf Mountain, appeared before the Board and asked them not to destroy the natural resources that are in the area of this development, and the citizenry that is drawn to the County because of it.

RECESS & REASSEMBLY

At 5:05 p.m., a motion was made by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, to temporarily adjourn this meeting, in order to postpone the public hearing which had been scheduled for this time.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board postponed the public hearing scheduled for this time, to discuss the ordinance amending Appendix B of the Zoning Regulations, of the Lake County Code, until the rezoning portion of this meeting was completed.

RECESS & REASSEMBLY

At 5:10 p.m., the rezoning case pertaining to The Highlands development was continued.

PETITION NO. 106-91-3 A & RR TO PUD WITH WAIVERS FROM SUBDIVISION REGULATIONS AND ZONING ORDINANCE

JOHN F. LOWNDES (THE HIGHLANDS) (CONT'D)

Mr. Steve Richey, Attorney, reappeared before the Board and addressed the concerns which were stated by those individuals who came before the Board.

Mr. Gene Molnar, Lake County School Board, reappeared before the Board and discussed the property within the development that is to be donated for the elementary school, if the School Board so desires to build a school at that location, as well as answered questions presented by the Board regarding same.

Commr. Gregg questioned the central wastewater treatment system and some of the language contained in the request that Mr. Richey and the developer made, pertaining to it, versus what the Environmental Services Department had to say about it.

Mr. Don Findell, Executive Director of Environmental Services, appeared before the Board and distributed a handout pertaining to the water and wastewater service for The Highlands PUD, at which time he discussed the matter.

Commr. Gregg stated that the County does not have it clear, in its own mind, how they want to handle the wastewater treatment situation and until they do, would like some flexibility, but would also like some assurance that if this project is approved, and Greater Construction does it, that they provide services to other developers, or allow the other developers to provide their own services, so that the County is not faced with a situation where they have nothing to do with what goes in at the site. He then stated that one of the first things he checked into was the traffic situation and improvements to some of the existing roads around the development, noting that there is some language that addresses some county roads, as well as some other impacts, that is going to be decided through the development of the DRI.

Further discussion occurred regarding the traffic situation that this development will create, at which time Mr. Jim Lee, President of Transportation Consulting Group, appeared before the Board stating that his firm was retained by the petitioner to address the traffic issues, noting that the Board's packet contained the results of that study. He addressed the matter of the turnpike interchange, stating that the request has been made and is on a list to be studied. He then stated how the Turnpike Authority will handle the request.

Mr. Hall reappeared before the Board and referred to the section of the PUD that pertains to the traffic analysis, as it relates to the interchange, at which time a brief discussion occurred regarding it.

Mr. Bob Mandell, President of Greater Construction, the developer of this project, appeared before the Board stating that this development is a process which has been ongoing for many weeks, and one in which millions of dollars have been spent. He stated he feels good growth comes from good planning, and that is what his firm has tried to do with this development. He stated that his firm has always tried to be a good neighbor, and has worked very hard with staff concerning this development. As far as the interchange is concerned, he stated that if it does not go in, they will not proceed with any of the commercial aspects of the development, as it would not be feasible.

Commr. Bailey stated that he would like more time to study this development, and meet with the community to see if they cannot find some common ground, noting that he felt it would be in the best interest of all involved.

After further discussion, it was decided that the residents would meet with the developer, and Mr. Richey, at the Minneola

Elementary School on Saturday, October 26, 1991, at 10:00 a.m., to try and resolve the concerns stated by the residents.

A motion was made by Commr. Bakich and seconded by Commr. Hanson to approve a request to bring this matter back to the Board for further consideration, on Tuesday, November 19, 1991, at 4:00 p.m.

Under discussion, Commr. Swartz stated that, in his opinion, the people present at this meeting taught the Board a lesson in planning, and one that the Board ought to take to heart. He stated that the concerns they brought to the Board's attention are valid ones, and even if the people are able to work something out with the developer, he will vote against it, as it ought to go as a DRI, to begin with, noting that Lake County is the only place in the region, that he is aware of, that approves these type of developments, before they have gone through the DRI process.

Commr. Bakich interjected that Commr. Swartz has approved PUDs, with DRI implications, that have gone forward before, and felt that if the Board was going to change midstream, then they need to have a workshop, at some future date, to address the matter. He stated the developer has relied on what this Board has unanimously done in the past on various developments, and for the Board to change midstream, he had a problem with it. He stated that if the Board is going to change its procedures, then they need to notify the developer that they are going to do so.

Commr. Gregg concurred, informing those present in the audience that the cost of doing a DRI, on a project such as this one, could run anywhere from $300,000-500,000.00. He stated that he felt the Board has followed the proper procedure, and if they do choose to change it, that they do it in a formal public hearing, take a vote, and properly notice everyone. He stated that one problem he has with this case is that, somewhere along the line, there has not been an adequate job of noticing those people that will be affected by this development.

Commr. Swartz stated (for the record) that this was the first PUD that has come before this Board, that was requesting a DRI, that the zoning has occurred beforehand.

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

PETITION NO. 230A-89-4 EIGHTEEN MONTH EXTENSION OF APPROVED PUD ORD. NO. 103-89 AND PRELIMINARY SUBDIVISION PLANS

BATAGLIA FRUIT COMPANY & PETER VOLCHKO (BAHATA GROVES)

Mr. Greg Stubbs, Director of Current Planning, informed the Board that this request is for an 18 month extension; however, the Planning and Zoning Commission had approved it for only one year. He stated that the County has the ability, based upon current regulations, to grant a one year extension - they cannot consider anything more than that; therefore, the applicant will have to come back before the Board at the end of the one year.

Mr. Scott Wilt, representing the applicant, appeared before the Board stating that the applicant accepts the one year extension.

No one was present in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a one year extension of approved PUD Ord. No. 103-89 (Bahata Groves), and of the preliminary subdivision plans.

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

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:20 p.m.

A Special Meeting (first public hearing) regarding adoption of the ordinance amending Appendix B of the Zoning Regulations, of the Lake County Code, changing the density permitted in the AR (Agricultural Residential) zoning classification immediately followed this meeting.

___________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

________________________________

JAMES C. WATKINS, CLERK

SEC/10-15-91/11-07-91/BOARDMIN

The Lake County Board of County Commissioners met in special session on Tuesday, October 15, 1991, at 6:20 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Commr. Bakich was not present due to other commitments. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; and Sandra Carter, Deputy Clerk.

ORDINANCES/ZONING

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board stating that this was the first public hearing concerning the adoption of an ordinance amending Appendix B of the Zoning Regulations, of the Lake County Code, to change the density permitted in the AR (Agricultural Residential) zoning classification from a minimum lot size of two and one-quarter acres to two acres.

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

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to continue this meeting until November 5, 1991, at 5:05 p.m., for the final public hearing concerning the adoption of this ordinance.

OTHER BUSINESS

COMMITTEES/MEETINGS

Ms. Ava Kronz, Assistant to the County Manager, informed the Board that some of the City Managers want to attend the Special Board Meeting scheduled for October 29, 1991, between the Board of County Commissioners and the League of Cities, concerning the incinerator issue, but are unable to attend during the day, and questioned whether it could possibly be held in the evening.

A brief discussion occurred regarding the matter, at which time it was noted that staff would try to locate a meeting place large enough to house everyone wishing to attend said meeting, in order for it to be held in the evening, and would inform those concerned when such a place is located.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:30 p.m.

________________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:

_________________________________

JAMES C. WATKINS, CLERK

SEC/10-15-91/11-19-91/BOARDMIN