A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 17, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, December 17, 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: Michael J. Bakich, Chairman; Richard Swartz; Donald B. Bailey; Catherine Hanson; and C. W. "Chick" Gregg. 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 Toni M. Riggs, Deputy Clerk.

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

MINUTES

Discussion occurred regarding the Minutes of October 1, 1991, with Commr. Bailey requesting that, on Page 14, Line 13, a correction be made to indicate that Ms. Gayle Bass called from Representative Kelly's Office.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of October 1, 1991, as corrected.

Discussion occurred regarding the Minutes of October 15, 1991, with Commr. Bailey requesting that, on Page 22, second paragraph, a correction be made to reflect the spelling, "Kramer". Also on Page 43, Line 25, and Page 44, Line 9, Page 47, Lines 16 and 30, he requested that a correction be made to reflect the spelling, "McLean".

Commr. Bakich requested that a clarification be made, on Page 40, Line 5, to indicate that he was addressing the issue involving the Board "considering lengthening the PUD time frame".

Commr. Swartz requested that, on Page 52, Line 17, a correction be made to reflect the spelling, "Wilt".

Ms. Annette Star Lustgarten, County Attorney, stated that, on Pages 52 and 53, issues have been addressed with the Clerk's Office and clarification has been made as to the continuation of the public hearing. Therefore, pages have been substituted with the necessary corrections.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 15, 1991, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed

Payment of County bills and bills of indigents, Warrant #144133 through Warrant #144447, for the following accounts:



County Transportation Trust Mosquito Control

General Revenue Northeast Ambulance

Landfills Emergency 911 Fund

County Fire Control Fund Capital Outlay

Animal Shelter Trust Fund Special Assessments

Law Library Road Impact

Countywide Library Resort & Development Fund Tax

Private Industry Council Aquatic Weed

Miscellaneous/Gas Fund Section 8

Criminal Justice Trust Fund



Accounts Allowed/Courts-Judges



Satisfaction of Judgment, Case No. 87-962-CJ, Joseph M. Myers, Jr., Shirley Ann Ivey, in the amount of $50.00.



Accounts Allowed/Code Enforcement



Satisfaction and Release made by Lake County in favor of Bobby L. Hogans and Emma L. Hogans, in the amount of $600.00, Code Enforcement Board Case 37-91.



Accounts Allowed/Assessments



Satisfaction of Assessment Liens for the following:



Hilltop Subdivision



Ross H. Orris $4,484.25



Harbor Shores Unit II



Patrick A. Peduto & Sandra Lee Mathis $ 917.43



Woodland Hills Subdivision



Ricky L. Fessenden & Gayle L. Fessenden $ 397.76

Astor Forest Campsites



Pearl Kate Sirmans $1,398.90



Haines Creek Heights



Jeff Freeman $ 897.05

Jeff & Bridget B. Freeman 479.98



Mount Plymouth II



Alan M. White $1,202.00

Harold A. Haupert 601.00

Forrest I. Barber & Kathleen B. Barber 901.59

William J. Richardson & Catherine M. Richardson 1,202.00

Harold E. Gronquist & Eolia E. Gronquist 1,202.00

J. L. Holian 1,202.00

Herbert & Ida Mae King 901.50

Allen & Guilda Helmick 1,202.00

Forrest I. Barber & Kathleen B. Barber 601.00

Forrest I. Barber & Kathleen B. Barber 1,562.60

Harold S. & Ruth Popovich 1,592.65

Herbert & Ida Mae King 3,005.00

Roy S. Hawk 601.00

Henry & Patricia Metz 1,923.20

William J. Richardson & Catherine M. Richardson 4,005.06

Joseph Battipaglia & Theresa A. Battipaglia 601.00

Nora M. Daniel 4,207.00

Henry Metz 4,207.00

Bette B. Amodio 601.00

Myron G. Kintz 1,202.00

Shirley Heinzelman 2,404.00



Palms Mobile Homes Estates



Morris L. Dillman & Maurine C. Dillman $ 696.14



Ocala Forest Campsites No. 4



Maxine Hetrick $ 823.22

Phyllis R. Douse & Mary Kay Griffith &

Mable Griffith (Life Estate) 1,074.00

Homer S. Weatherhold & Lorene E. Weatherhold 1,790.00

Melvin L. & Mary M. Snoke 1,074.00

Clifford L. Halford & Patricia Halford 716.00

Harold R. & Madline Brooks 453.95

Charles W. Pyles & Virginia Pyles 453.94

George H. Rammelsberg & Chloris Rammelsberg 358.00

James W. & Helen V. Long 448.31

Charles W. & Eva Mae Owen 358.00

William Gerald Parson & Juanita J. Parson 530.47

Jeanette Stewart & Robert H. Stewart, Jr. 1,297.75

Edward & Carolyn Berlin 895.00

Melvin C. & Reba Tucker 895.00

Lou Geiger 895.00

Avery E. & Mildred C. Varney 761.60

James W. & Grethel Brewer 761.60

Charles W. & Virginia Pyles 571.20

Harold R. & Madline Brooks 952.00

Benjamin M. Maslanka & Dorothy M. Maslanka 761.60

Wm. H. & Vanove F. Douthit 1,142.40

Fred W. & Ruth A. Maier 1,142.40

James W. & Helen V. Long 688.01

Fred W. & Ruth A. Maier 1,523.20

Charles E. & Mary F. France 761.60

Mildred Rhinehart $1,142.40

Mildred Rhinehart 1,142.40



Mildred Rhinehart 761.60

Kenneth R. Gillette & Beverly R. Gillette,

Margaret K. Robinson (Life Estate) 952.00

Lester A. & Irene B. Ellis 761.60

Kurt & Tharasia Michalek 761.60

William Gerald Parson & Juanita J. Parson 542.07

Kermon & Blanche E. Murray 952.00

Charles W. & Eva Mae Owen 571.20

Orville M. Adkins & Vaughnia L. Adkins 952.00

Donald W. & Marry F. Bridges 952.00

George E. & Muriel Siessel 1,751.78

Frederick & Florence Szeles 952.00

Susan M. & F. J. Szeles, Jr. 952.00



Crescent Cove Subdivision



Andrew J. & Patricia Lehr $ 241.63

Charles H. & Willadean C. Clay & Alan G.

Clay & Charles H. Clay, Jr. 346.31

Lawrence D. Pontier & Helen C. Pontier 294.42

Daniel L. Davis 237.38

Daniel L. Davis 474.76

Julian L. Paulson & Johnnie F. Paulson 237.38

John E. & Jo Ann Brettell 468.45

Vernon F. & Alice M. West 298.80

Virdilee Fretwell 290.50

Stephen & Mary Polk 298.80

Frederick L. Werner & Ruby E. Werner 298.80

Virginia G. Gunn & James R. Gunn, Jr. 199.20

Daniel L. & Carol A. Lang 433.26



Sorrento Shores Subdivision



S & K Realty Subject to a contract for deed

in favor of Donald E. & Rose M. Banister $3,310.58

Jeffrey C. & Rhonda C. Suttie 4,016.34



Ambulances-Hospital Districts/Budgets/Communications



Acknowledge receipt of the letter from Gretchen R. H. Vose, Attorney for the Board of Trustees, North Lake County Hospital District, and a copy of the North Lake County Hospital District's proposed budget.



Ambulances-Hospital Districts/Budgets/Communications



Acknowledge receipt of the letter from Gretchen R. H. Vose, Attorney for the Board of Trustees, North Lake County Hospital District, and a map of the North Lake County Hospital District/Independent Special District, which shows the extent and boundaries of the district.



Ambulances-Hospital Districts/Meetings/Communications



Acknowledge receipt of the letter from Gretchen R. H. Vose, Attorney for the Board of Trustees, North Lake County Hospital District, indicating that the North Lake County Hospital District shall hold its annual meeting on January 14, 1992. The meeting location shall be the Conference Room, Lake County Water Authority Building, 107 N. Lake Avenue, Tavares, Florida, at 6 p.m.



COMMUNICATIONS/ENVIRONMENTAL SERVICES/LANDFILLS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the letter

from Joe Woodnick dated December 16, 1991, in regards to solid waste/recycling, as presented by Mr. James C. Watkins, Clerk.

COUNTY MANAGER'S CONSENT AGENDA

Under discussion of the County's Manager's Consent Agenda, Ms. Annette Star Lustgarten, County Attorney, addressed Tab 6, regarding the resolution for the Industrial Revenue Bonds for Novelty Crystal. She stated that, at the special meeting of the Industrial Development Authority (IDA) this morning, the Authority approved an inducement resolution and a Memorandum of Agreement that are exhibits to the resolution before the Board, and those documents will be incorporated into the resolution.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Tabs 1 through 10, for the following requests:

Administrative Services/Budget

Accounts Allowed/Bids/Budgets Transfers/Municipalities

Fairgrounds/Resolutions



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



(1) Specifications:



The current purchasing policy requires that all

specifications be approved by the Board of County

Commissioners prior to bidding.



BUDGETED

DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT



(1) Corrections Medical Equipment $ 97,000.00

/Specifications for Projected

clinic at jail.



(2) Environmental Wood Fence and $ 24,000.00

Services - Chainlink Fence Projected

Landfill /Specifications for

leachate evaporation

ponds at the ash

residue monofil.



(3) Corrections Kitchen supplies $ 24,000.00

/Specifications for Projected

pots, pans, cutlery,

for start-up at main

jai.



(2) Award Bid and Encumber Funds:



VENDOR/DESCRIPTION OF

DEPARTMENT/DIVISION ITEM AMOUNT







(1) Corrections - Colonial Paper/Start- $ 4,127.54

Infrastructure up janitorial supplies

Sales Tax Bond for main jail. Bid #

Construction 034-485-092. Bid split

Fund between six (6)

vendors.



(2) Corrections - Seminole Janitorial $ 4,561.13

Infrastructure /Floor machine and

Sales Tax Bond floor maintenance

Construction supplies for main jail.

Fund Bid #034-485-092.



(3) Corrections - Sisco/Two (2) each $ 909.73

Infrastructure drum truck, One (1)

Sales Tax Bond each pallet truck

Construction start-up supplies for

Fund main jail. Bid #034-

485-092.



(4) Corrections - Peninsular Paper $ 1,486.70

Infrastructure /Start-up supplies,

Sales Tax Bond i.e., dustpans,

Construction dustmops, garbage cans,

Fund scrub brushes and

handles, brooms. Bid #

034-485-092.



(5) Corrections - Unijax/Start-up mop $ 886.82

Infrastructure buckets and pails for

Sales Tax Bond main jail. Bid #034-

Construction 485-092.



(6) Corrections - Lawton Brothers Inc. $ 2,520.00

Infrastructure /two (2) each advance

Sales Tax Bond whirlamatic floor

Construction machines. Bid #034-

Fund 485-092.



(3) Quotes:



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



VENDOR/DESCRIPTION OF

DEPARTMENT/DIVISION ITEM AMOUNT



(1) Capital Enhanced Communications $ 1,196.00

Improvements Inc. #4RSTB Register

/Sender card. Trunk

package #241155 for

courthouse phone

system.



(2) Environmental Belew's Welding $ 2,600.00

Services - Supplies/One (1) each

Solid Waste gasoline welder

generator, torch set

electrode holder.

Ground clamp and welder

operating supplies.



(3) Public Works - J. E. Hill/Three (3) $ 2,000.00

Road Operations each used diesel pumps.



(4) Encumber Funds Previously Authorized:



VENDOR/DESCRIPTION OF

DEPARTMENT/DIVISION ITEM AMOUNT



(1) Capital Post Buckley Schuh & $ 5,000.00

Improvements Jernigan Inc./Blanket

purchase order for

surface water sampling

at the Criminal Justice

Facility for the period

of 10/01/91 thru

09/30/92. Agreement

signed 07/08/91. Copy

attached.



(2) Corrections - Crawford Keefe Supply $ 2,000.00

Commissary Dept. Co./Request for

blanket purchase order

for the month of

December 1991. Items

for resale to inmates

from Commissary. Quote

#002-092.



(3) Corrections - Spencer-Mead Medical $ 1,028.43

Medical /Over-the-counter,

stock drugs and

supplies for November

1991. Bid #016-345-

092.



(4) Health and Safety Equipment Co. $ 47,640.00

General Svcs - /Bunker pants, coats,

Fire District suspenders, boots and

gloves. County Bid #

031-340-092.



(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



VENDOR/DESCRIPTION OF

DEPARTMENT/DIVISION ITEM AMOUNT



(1) Admin Services - Anthem Life Ins. Group $ 1,063.60

Risk Management #43273/"Run off"

claims paid between

September 1, 1991 and

October 31, 1991.



(2) Corrections - Florida Hospital $ 5,359.28

Medical /Inmate medical care

for inmate Justin Lee.



(3) Corrections - Quality X-Ray/X-ray $ 1,125.00

Medical services 10/01/91 thru

10/31/91 for inmates

Lake County Jail.



(4) Health and EGP - The Copier People $ 1,350.00

General Svcs - /Maintenance agreement

Social Services for mita copier

including supplies,

parts and labor with

exception of drums.



(5) Public Works - Harold J. Perry, Sr. $ 1,746.00

Road Operations /Blanket purchase order

January 1992 thru

September 1992 for

weekly cleaning of

Leesburg Fleet

Maintenance Shop

Office, to include

stripping floors,

waxing, buffing,

cleaning desk, blinds,

windows, empty trash.

a. Request for transfer of funds to various departments, as

follows:



1. Fund: Transportation Trust

Department: Public Works

Division: Road Operations

From: Capital $20,000

To: Operating Expenses $20,000

Transfer #: 92-0026



Supplemental Agenda



1. Fund: Sales Tax Bond Construction

Department: Capital Improvements

Division: New Courthouse Project

From: Construction Reserve $9,000

To: Operating Expenses $9,000

Transfer #: 92-0032



2. Fund: General

Department: Health & General Services

Division: Health & Human Services/

Library

From: Operating Expenses $8,900

To: Operating Expenses $8,900

Transfer #: 92-0029



3. Fund: General

Department: Sheriff

Division: In-House Support

From: Operating Expenses $15,570

To: Operating Expenses $15,570

Transfer #: 92-0033



4. Fund: General

Department: Health & General Services

Division: Health & Human Services/

Library

From: Operating Expenses $12,750

To: Operaring Expenses $12,750

Transfer #: 92-0034



b. Resolution to amend to General Fund to increase the total

budget by $13,635.00 due to unanticipated revenue received for the costs of services provided to the Lake Agriculture and Youth Fair Association, Inc. by the County's Expo Center/Fairgrounds Director.



c. Request approval of payments to the City of Eustis and Mt. Dora for Community Redevelopment.



Contracts, Leases & AGreements/State Agencies

Mosquito-Aquatic Plant Management



Request authorization of signatures for Project Agreement Amendment Form for Department of Natural Resources (DNR) Contract #C-7347 Aquatic Plant Management Program.



County Property/Fire Protection/Resolutions



Request to adopt a resolution transferring title and a 1956 Chevrolet pumper, Property No. 10,279 from the Board of County Commissioners to the Sun Lake Estates Volunteer Fire Department.



Accounts Allowed/Health & General Services/Public Health



Request authorization of payment for the monthly Medicaid Nursing Home bills, in the amount of $30,204.30 and $25,487.82, and the Medicaid Hospital bills, in the amount of $32,125.81 and $18,878.98. The Medicaid bills are for the months of September and October respectively.



Bonds/Planning & Development/Resolutions



Request to approve the Resolution approving issuance of Industrial Revenue Bonds, in the amount of $1,750,000.00, for Novelty Crystal Corporation.



Accounts Allowed/Bonds/Subdivisions



Request to release a maintenance bond for Lake Louisa Estates, in the amount of $2,367.80.



Rights-of-Way, Roads & Easements/Subdivisions



Request for final approval of Pine Island Estates subject to the County Attorney's review and approval, and accept a Conservation Easement.



Rights-of-Way, Roads & Easements/Public Works



Request to accept the following Drainage Easement:



FOR VACATION PETITION NO. 575



Benjamin H. Rainey and Elise L. Rainey



Rights-of-Way, Roads & Easements/Public Works



Request to advertise Vacation Petition No. 672 by Ross E. Van Dellen to vacate easement, Cassia area, District 4.



COUNTY MANAGER'S DEPARTMENT BUSINESS

ACCOUNTS ALLOWED/FIRE PROTECTION/SUBDIVISIONS

Mr. Mike Anderson, Interim County Manager, was present to discuss this request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request from Capital Improvements for Board approval of Change Order #2, in the amount

of $484.00, to Scheveling Construction for the additional work relating to the Plantation Fire Station.

JAILS

Mr. Mike Anderson, Interim County Manager, informed the Board that Tab 12 regarding discussion by Capital Improvements of progress and schedule update on the Criminal Justice Facility was pulled and will be on the agenda for the first meeting in January.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/MUNICIPALITIES

Commr. Swartz requested that Tab 13 regarding discussion of amendments to the interlocal agreements for libraries and proposed interlocal agreement for Umatilla, be moved to the back of the agenda, and stated that information was still being compiled.

PLANNING & DEVELOPMENT/SUBDIVISIONS

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the request for the issuance of a building permit for a temporary sales office for Greater Groves prior to plat approval.

Commr. Hanson was not present for the vote.

PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning and Development, was present to discuss the public hearing dates for the Land Development Regulations. He stated that he had informed the Board that the dates could be January 14, and January 21. A memorandum was received from Ms. Annette Star Lustgarten, County Attorney, advising him that the State Code indicates that the hearings will have to be two weeks apart. Mr. Swanson requested an opinion from the Department of Community Affairs (DCA) on having the hearings January 21, and February 4, at 5:05 p.m., and how critical this would be, in relationship to the February 1 deadline for adopting the Land Development Regulations (LDR). He was informed that, after the first public hearing, he could send them a copy of the LDR's, and that this would suffice. Mr. Swanson advised the Board that this is a situation where the State has no review over the LDR's, unless they are going to be challenged by an individual.

No action was needed by the Board.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise for bids for Project No. 7-92, #2-1024 Phillips Road "Part" and #2-1023 Groveland Farms Road "Part" Lump Sum Construction, at an estimated cost of $360,000.00.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise for bids for Project No. 8-92, C-561A Widening and Resurfacing Lump Sum Construction Project, at an estimated cost of $400,000.00. Commissioner District 2.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise for bids for Project No. 9-92, #3-4653 South Mt. Homer Road Resurfacing and Construction Lump Sum Project, at an estimated cost of $85,000.00. Commissioner District 3.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

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

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to award the Lois Drive portion of Project No. 4-92, #3-2854 Ranch Road "Part" and #3-3259 Lois Drive Lump Sum Construction, to Superior Asphalt Company, in the amount of $153,262.70. Commissioner District 3.



ROADS-COUNTY & STATE/PUBLIC WORKS

Mr. Jim Stivender, Executive Director of Public Works, stated that he had two requests on a supplemental agenda to bring before the Board. At this time, he presented an explanation of each.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to proceed and advertise for a property exchange for the purpose of realigning O'Brien Road (#2-2427).

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to utilize CTT funds for the construction of Independence Boulevard from U.S. 27 to American Way and resurfacing of American Way from O'Brien Road to Independence Boulevard.

ACCOUNTS ALLOWED/BUDGET TRANSFERS/HEALTH & GENERAL SERVICES

Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, stated that she had an item on the supplemental agenda for the Board to consider. At this time, she presented an explanation of the request.

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

1. Fund: Countywide Fire Fund

Department: Health & General Services

Division: Public Safety

From: Operating Expenses $6,000

To: Personal Services $6,000

Transfer #: 92-0037



Commr. Gregg was not present for the vote.

COUNTY MANAGER/CONTRACTS, LEASES & AGREEMENTS

Discussion occurred regarding short listing the candidates for the County Manager's position. At this time, each member of the Board presented names for the elimination process.

Bakich Gregg Hanson Bailey Swartz

Button Adams Adams Adams Adams

Adams Crew Button Button Button

Worth Locker Estabrook Crew Crew

Wahl McLemore Wahl Wahl Easton

Wahl Worth Spence McLemore



It was noted that the following were selected to appear for the interview process: Gary D. Adams; Danny O. Crew; Peter F. Wahl; and Charles A. Button. Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, recommended that the Board have Ronald W. McLemore and Charles J. Worth attend the interview process, with the Board being in agreement.

The interviewing for the County Manager's position was scheduled to be held January 3, 1992, at 9:00 a.m.

CONTRACTS, LEASES & AGREEMENTS/JAILS/STATE AGENCIES

Mr. Tom Neumayer, Director of the Lake County Department of Corrections, appeared before the Board to discuss the contract that was approved by the Board in November, between the Florida Department of Law Enforcement (FDLE), and the Department of Corrections. He stated that Commr. Bailey had signed the contract, at the Board's request. Mr. Neumayer stated that the FDLE has a federal requirement imposed upon them where they cannot contract with a Board of Commissioners, and can only contract with a criminal justice agency. Therefore, he stated that they are requiring his signature on the contract. Mr. Neumayer stated that Mr. Gary Clark, Assistant County Attorney, has reviewed this issue.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board will be authorizing the Director of the Department of Corrections to execute the agreement, in behalf of the County, and that the agreement will actually be with the Lake County Department of Corrections, as opposed to Lake County.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Mr. Neumayer's signature on the necessary contract with FDLE, as stated above.

PROPERTY APPRAISER

Commr. Bakich informed the Board that the 9:15 a.m. agenda item with Mr. Ed Havill, Property Appraiser, has been pulled, per his request.

COUNTY ATTORNEY'S MATTERS

COMMITTEES/CONTRACTS, LEASES & AGREEMENTS

Ms. Annette Star Lustgarten, County Attorney, discussed with the Board her memorandum regarding the proposed Declarative of Restrictive Covenants For Lake County Central Park, which includes the Tourist Development Council (TDC) property and the Industrial Park. The documents have been reviewed by the Industrial Development Authority (IDA), with a nubmer of their changes being incorporated. At this time, she reviewed the contents of the information provided.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the proposed Declaration of Restrictive Covenants For Lake County Central Park, as presented and reviewed by the County Attorney.

COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

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

OTHER BUSINESS

COMMISSIONERS/MEETINGS/MUNICIPALITIES

It was the consensus of the Board that the following dates be established for future town meetings:

District #1 February 20, 1992

District #2 April 23, 1992

District #3 June 18, 1992

District #4 August 20, 1992

District #5 October 22, 1992



BUDGETS/COUNTY EMPLOYEES

Commr. Bakich informed the Board that he has received, along with other constitutional officers who did not provide a pay raise for their employees during the budget process, information that would allow mid-year salary adjustments. He stated that, once the Board members receive a copy of this information, he would like



them to review it, and that the Clerk indicated that he will abide by the action taken by this Board. Commr. Bakich stated that Mr. James C. Watkins, Clerk, did feel that it is very much in line to grant an increase. Commr. Bakich requested that, once the Board has reviewed the information, a recommendation can be made to staff.

COUNTY EMPLOYEES/COMMISSIONERS

Mr. Mike Anderson, Interim County Manager, informed the Board of the schedule for the holiday season, and stated that he will follow the other constitutional officers with a floating day. One-half of the staff will be kept on Christmas Eve, alternating the other half on New Year's Eve.

PUBLIC HEARINGS/TIMES CERTAIN

OUTDOOR RECREATION/STATE AGENCIES

Mr. Fred Saxon, Department of Natural Resources (DNR), appeared before the Board to discuss Lake County's interest in running a Rails-to-Trails program through the County starting at Orange County, through Lake County, to Sumter County, to a line DNR acquired last year.

At this time, Mr. Saxon introduced Mr. Ed Custor, Bureau Chief, Don Gerteisen, Rails to Trails Intergovernmental Coordinator, and Mary Anne Koos, Coordinator of the actual rail line.

Mr. Saxon stated that he needed a commitment from the Board today on whether or not the Board is interested in the rail line, and making this a joint venture with the State, and the Board's conceptual approval of the program.

Ms. Maryann Koos appeared before the Board to review a map of the designated rail line and route that has been acquired for Rails to Trails.

Mr. Saxon stated that there are approximately 33 owners on the 22 miles of rail, and he feels that it would be better if the County negotiated with those owners, and, if the negotiations are

successful, he, in behalf of DNR, will negotiate with CSX Real Property (railroad).

At this time, Commr. Bailey stated that there is a 5-0 consensus in favor of the conceptual Rails to Trails program.

Mr. Chuck Pula, Parks and Facilities Division Director, appeared before the Board to discuss the Rails to Trails project, and stated that staff all along has supported the project. Mr. Pula stated that it has been determined that some of the parcel owners do not wish to sell, and that ways have been determined to go around those parcels, either on County right-of-way, or on sidewalks. He stated that there is a concern where the right-of-way is not very extensive, and the question of safety. Mr. Pula stated that this is a complex program, and if the County is going to proceed with this commitment, it will be a massive undertaking. At this time, he described the program by comparing it with the Orange County project, which involves eighteen miles, with approximately 20 private owners. He stated that a full time staff member has been working on this particular project for 2 1/2 years, and Orange County is now at the acquisition phase of the project, and it will probably take another year before the parcels are purchased, with condemnation being considered. Mr. Pula stated that the State is quite interested in purchasing the property, but with the State funding being questionable at this time, the funding may not continue to be available in the future, because of budget cutbacks. He stated that the Department of Transportation (DOT) has instructed Lake County not to fill the pedestrian coordinator position, because of State cutbacks.

Mr. Saxon stated that a determination needs to be made as to which owners will not sell, so that alternate routes can be developed, with possible easements, so that the process of condemnation can be eleminated.

Discussion occurred regarding appraisal costs and surveying costs, with Mr. Custor stating that the State feels that, only through the County's commitment to the program, the State will have

an opportunity to make a successful connection through Lake County. He stated there will be a point in time when appraisal bids will have to be secured, and, if the costs are in excess of what the County feels it can commit, or budget, for the project, one of the options will be for the County to opt out of the program, because, from the County standpoint, it is a voluntary participation program.

Mr. Gerteison stated that the State trails program will depend on local government participation in the future, specifically on this particular project. He recommended that there be a Task Force representing the County and cities along the trail, and the Rails to Trails group, and that he is confident that the funding will be there when the time comes that it is needed.

Ms. Koos stated the funding source is Preservation 2000 monies, which have to be encumbered by March, 1993. She discussed the time involved in developing this type of program, and stated that the money will be gone, if it is not committed to projects.

Mr. Kenny Norquist, Councilman, Clermont, appeared before the Board and stated that he has personally talked with every land owner on the proposed trail. Only one indicated that he would not sell, and he stated that he is currently working with the new owners of the largest parcel of property. He stated that this is a workable trail, and that there is interest for this project in south Lake County.

Commr. Swartz stated that the County will incur some costs, including appraisal costs, and that the agreement with the Department of Natural Resources (DNR) would be, contingent upon the County acquiring the necessary trails, and money was available, to reimburse the County, and then the purchase by the State would take place. He suggested instructing staff to try and develop an interlocal agreement to answer some of the final questions.

Commr. Bailey stated that he wants the reassurance through Ms. Lustgarten, and staff, that the County and its citizens will be protected and will not be obligated for costs, if the project is never initiated. He stated that the concept is good and that the County should make every effort to put it together.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the concept of the Rails to Trails program, and will make every effort in establishing the program, with the County Attorney and staff determining the necessary protection needed for the County, as stated above.

RESOLUTIONS/ROAD CLOSINGS

PETITION NO. 659 George F. Green Lady Lake Area

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on Road Vacation Petition No. 659 for George F. Green, by Robert R. Cyrus.

Mr. Jim Stivender, Executive Director of Public Works, was present to discuss the request with the Board, and stated that, for the record, there is a letter in the file from the property owner to the south indicating no objection to the closing.

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

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for Road Vacation Petition No. 659 for George F. Green, by Robert R. Cyrus, to vacate easement, Lady Lake Area, District 5, as advertised.

PETITION NO. 670 Todd K. Gore Clermont Area

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

Mr. Dale Ladd, adjacent property owner, appeared before the Board in favor of the vacation request.

Ms. Cecelia Bonifay, Attorney representing Michael and Lori Commins, appeared before the Board and stated that they own approximately 16 acres located to the south. She stated that their concern is that, since this has been a platted road, and they own 16 acres that they may want to sub-divide in the future, if this is vacated, their only access would be Lake Louisa Road. Ms. Bonifay stated that they are in opposition to this reuqest, because they feel this would give them an alternate route in and out of their parcel.

Mr. Stivender explained the road access and topography of this particular area.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for Road Vacation Petition No. 670 by Todd K. Gore, to vacate right-of-way (Canal Drive), Lancaster Beach, Clermont area, as advertised.

PETITION NO. 671 Charles G. Kuharski Mascotte/Groveland Area

Mr. Jim Stivender, Executive Director of Public Works, informed the Board that a letter was received from the property owners to the west in opposition to the request. Mr. Stivender stated that a letter was also reeived from Mr. Harvey R. Kirkland, adjacent property owner, in favor of the request. He explained staff's evaluation of the request, which involves the replacement of an easement.

Mr. Dornall Settlemires appeared before the Board and stated that, six months ago, he was granted an easement from the current platted road in question, to Section 17, and that he donated 50 feet around his property to connect to the 24 foot easement. He suggested that the road be left where it is currently located, and not moved, because this easement has been platted at this site since 1912. At this time, he discussed the safety in this particular area, and the need for the removal of orange trees.

Mr. Stivender explained the proposal to swap the easement in this grove, with Commr. Bailey stating that this is an easement, not a road, and it is an orange grove.

Mr. Settlemires stated that it would be less expensive for him, and the other property owners, to maintain a straight road, than to maintain another 320 foot jog in the road.

Mrs. Monette Settlemires appeared before the Board and questioned the action being proposed to move platted 24 foot easements to comply with requests being made by grove owners. She stated that the applicant knew that this was a legal easement when the reset the grove. She stated that the applicant put up a cross tie and told them that they could only drive on 12 feet of the other road, Shady Lane, and that they have been experiencing harassment for two years and have only lived on it for two months.

Commr. Bailey staed that he traveled the site, and that there are many easements, not roads, that go through properties in the County, and that the site being proposed has a passable road that can be used for access, whereas the present easement does not.

Discussion occurred regarding the easement that was purchased by the Settlemires, with the Board members reviewing the plat of the area in question.

Commr. Swartz discussed the possibility of Mr. Kirkland granting a 24 foot easement along the north side of his property, with Mr. Stivender stating that this petition would have to be readvertised, in order for the Board to approve doing so.

Mrs. Settlemires stated that they want the road where it presently exists, and that they will maintain it.

It was noted that there is a letter in the file from Mr. Kirkland regarding this issue.

Mrs. Settlemires stated that, in her discussion with Mr. Kirkland, he indicated that he would, if it came to this point, give 12 feet at the north of his property, if the other property owner would give 12 feet. She stated that he also indicated that he would give the 24 feet, if the other owner would not oblige.

Commr. Bailey stated that he discussed this issue with Mr. Kirkland, with him indicating that, in order to get agreement between all involved, he would consider giving the 24 feet. He stated that he will recommend the swap, as presented, because there is a road that people already use.

Commr. Hanson stated that she would prefer to see the road go straight across and sympathizes with the Settlemires having to maintain the additional 1,320 feet.

After some discussion, Commr. Bailey made a motion, which was seconded by Commr. Swartz, to postpone action on this vacation for 30 days; that the petition be readvertised, with no additional costs to the petitioner; and with Commr. Bailey working with the parties involved to resolve the issue.

Mr. Kuharske, applicant, appeared before the Board to discuss the issue of the Settlemires maintaining the additional 1,320 feet of road, with Mr. Settlemires explaining his position.

Commr. Bailey withdrew his motion, with Commr. Swartz withdrawing his second to the motion.

Commr. Bailey made a motion, which was seconded by Commr. Gregg, to approve the request for Road Vacation Petition No. 671 by Charles G. Kuharske, to vacate and replace easement, Groveland Farms, Mascotte/Groveland Area, District 2, as advertised.

Commr. Swartz stated that he would vote "no", because he feels there is a better solution than what is being proposed.

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

It was noted that the request also included the acceptance of a Non-Exclusive Easement Deed from Charles G. Kuharske and Juanita K. Kuharske.

FIRE PROTECTION/ORDINANCES/RESOLUTIONS/MUNICIPALITIES

At 10:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on a proposed ordinance and resolution for fire protection.

Ms. Annette Star Lustgarten, County Attorney, stated that the ordinance will be expanding the Lake County MSTU for fire protection to incorporate the Town of Howey-in-the-Hills, and the Town of Astatula. At this time, she presented the following amendments to the ordinance:

Page 2, Lines 19-20: Add the following: "...Section 125.01(1)(q), on December 23, 1991, the Town of Howey-in-the-Hills has scheduled for enactment Ordinance No. 91-112, ...".



Page 2, Line 31: Add the following: "...Section 125.01(1)(q), on December 9, 1991, the Town of Astatula...".



Ms. Lustgarten stated that the Board also has before them a Resolution expressing the intent of the Board to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments for the provision of fire protection and rescue services in the unincorporated area of Lake County, the Town of Lake Lake, City of Minneola, The Town of Astatula, the Town of Howey-in-the-Hills and Deer Island MSBU. At this time, she presented the following amendments to the resolution:

Page 2, Lines 11-12: Add the following: "WHEREAS, on December 23, 1991, The Town of Howey-in-the-Hills has scheduled enactment of Ordinance No. 1991-112, expanding...".



Page 2, Line 15: Add the following: "WHEREAS, on December 9, 1991, the Town of Astatula enacted Ordinance No. 1991-A, consenting...".



At this time, Commr. Bakich called for public comment.

Mr. Bert McDonald appeared before the Board and discussed the advertisement of the non-ad valorem assessments, which refers to the exclusion of Hawthorne-at-Leesburg. He suggested that the whole resolution may be discriminatory in nature in continuing something that was perpetuated years ago that should be brought to conclusion. He stated that Hawthorne-at-Leesburg should not be excluded, because they receive mutual aid, fire rescue and protection services from our tax money. At this time, he discussed the original ideas that were presented regarding fire services for Lake County, and requested that the Board deny the resolution, because it is not uniform throughout the unincorporated areas of the County.

Ms. Lustgarten stated that the ordinances before the Board only addresses the issue of adding Astatula and Howey to the MSTU. The existing MSTU does exclude Hawthorne-at-Leesburg, but is not the issue before the Board today.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the amendments to the ordinance, as presented above by Ms. Lustgarten, County Attorney.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance 1991-18, as amended, and as entitled below:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF

LAKE COUNTY, FLORIDA, EXPANDING THE "LAKE COUNTY

MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION"

TO INCORPORATE THE TOWN OF HOWEY-IN-THE-HILLS AND

THE TOWN OF ASTATULA; PROVIDING FOR AN AMENDMENT TO

THE "LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR

FIRE PROTECTION"; PROVIDING FOR ENACTMENT OF AN

ORDINANCE BY THE TOWN COUNCIL OF THE TOWN OF

HOWEY-IN-THE-HILLS PURSUANT TO CHAPTER 125, FLORIDA

STATUTES, SECTION 125.01(1)(q); PROVIDING FOR

ENACTMENT OF AN ORDINANCE BY THE TOWN COUNCIL OF

THE TOWN OF ASTATULA PURSUANT TO CHAPTER 125,

FLORIDA STATUTES; PROVIDING FOR SPECIAL ASSESSMENTS;

PROVIDING FOR SERVICE CHARGES; PROVIDING FOR INCLUSION

IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY;

AND PROVIDING FOR AN EFFECTIVE DATE.



Ms. Lustgarten stated that the proposed resolution continues the existing non-ad valorem assessment roll that was adopted last year, and includes most of the unincorporated area portion which was included last year, excluding Hawthorne, and continues to include Lady Lake, City of Minneola, the Town of Astatula, and the Town of Howey-in-the-Hills, and creates the ability to impose an additional special assessment for the MSTU for Deer Island, for their particular needs.

At this time, Commr. Bakich called for public comment.

Mr. Bob Newman appeared before the Board and stated that the Board should reconsider whether or not it should impose an ad valorem or non-ad valorem assessment, or considering going back to individual fire districts. Mr. Newman discussed the costs that the County and its people cannot afford to pay for fire service, and stated that all issues should be discussed with the public, before the Board commits to the voters another decision on pure non ad-valorem fire tax.

Commr. Swartz stated that on Thursday, at 10:00 a.m., the Fire Rescue Study Committee will meet and make a presentation to the Board.

Mr. Newman stated that he is against non-ad valorem taxes, and requested that the Board reconsider this issue.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the amendments to the proposed Resolution, as presented by Ms. Lustgarten, County Attorney.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Resolution 1991-213, as amended, expressing the intent of the Board, as stated above.

RESOLUTIONS/TAXES

At 10:45 a.m., the Chairman announced that the advertised time had arrived for the public hearing on a resolution expressing the intent of the Board to utilize the uniform method for levy, collection and enforcement of non-ad valorem assessments within the Greater Hills Municipal Service Taxing Unit.

Ms. Annette Star Lustgarten, County Attorney, explained the proposed resolution.

COMMISSIONERS

At 10:58 a.m., the Chairman turned the chairmanship over to Commr. Gregg.

RESOLUTIONS/TAXES (CONT.)

Commr. Gregg called for public comment, with no one appearing to discuss the proposed resolution.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved Resolution 1991-214, as stated above.

Commr. Bakich was not present for the vote.

RESOLUTIONS/ASSESSMENTS/TAXES

At 11:00 a.m., Commr. Gregg announced that the advertised time had arrived for the public hearing on the resolution expressing the intent of the Board to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments for the provision of general and municipal services and facilities with the Greater Groves Municipal Services Benefit Unit.

Commr. Gregg called for public comment, with no one appearing to discuss the proposed resolution.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved Resolution 1991-215, as stated above.

Commr. Bakich was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

HEALTH & GENERAL SERVICES/MUNICIPALITIES

Discussion occurred regarding the amendments to the interlocal agreements for libraries, and the proposed interlocal agreement for Umatilla.

Commr. Swartz stated that the proposed language will be the same with any other new library that may choose to come into the library system, or an amendment to the existing library system. Commr. Swartz stated that one problem was the double taxation issue. He discussed the grant funding, and the $11.00 fee that is reimbursed to the city for all registered patrons, excluding children and city residents.

At this time, Commr. Swartz reviewed the following amendments to the agreement:

Page 3, Section 4. Library System. "...the purpose of which is to

provide library services without charge to all persons

who are residents of Lake County."

Page 5, Section 9. Funding. "For Fiscal Years 1992-1993, and

1993-1994, COUNTY may, through Resolution of the Board of

County Commissioners of Lake County, amend the dollar

allocation to CITY provided for in this Section, and

amend the sums payable to CITY which are set forth in

Exhibit "A".



Page 6, First Paragraph. "If a book plan is approved by COUNTY

and CITY for book...".



Page 6, Last Paragraph. "The CITY agrees to provide library

services to all residents residing Lake County...".



Page 7, Line 1. "...; abide by the policies and procedures as

set out in the Lake County Library System Policies

and Procedures Manual adopted and amended from time

to time by the Board of County Commissioners of Lake

County."



Commr. Swartz stated that he would like to have the conceptual approval from the Board today on the amendments, with completed interlocal agreements being brought back to the Board.

COMMISSIONERS

At 11:10 a.m., Commr. Gregg returned the chairmanship to Commr. Bakich.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

HEALTH & GENERAL SERVICES/MUNICIPALITIES (CONT.)

On a motion by Commr. Swartz, seconded by Commr. Bailey, and carried unanimously, the Board conceptually approved the draft of the interlocal agreement as being proposed for the existing libraries, or new libraries that join the system, as amended.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ZONING

Commr. Swartz discussed the Planning and Zoning Committee members and a problem with the changes in district lines. He stated that Mr. John Driggers, who was appointed from District 4 by Commr. Hanson now resides in District 3. Commr. Swartz stated that he talked with Mr. Driggers and asked him if he would serve until the end of the term, which will be February.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. John Driggers, to complete the term for District 3, through February.

Discussion occurred regarding situations now existing in each District, due to the district line changes.

Commr. Bakich requested that Ms. Ave Kronz, Assistant to the County Manager, provide the Board with a list of individuals that need to be reappointed.

ORDINANCES/RESOLUTIONS/SUBDIVISIONS/ASSESSMENTS

At 11:15 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance establishing a Municipal Service Benefit Unit for the provision, maintenance and expansion of street lighting for Imperial Terrace West.

Ms. Annette Star Lustgarten, County Attorney, explained the issue before the Board, and stated that there are no amendments to the ordinance, or to the resolution.

The Chairman called for public comment, with no one wishing to discuss the issue with the Board.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved Ordinance 1991-19, as entitled below:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A

MUNICIPAL SERVICE BENEFIT UNIT FOR IMPERIAL TERRACE WEST IN

THE UNINCORPORATED AREA OF LAKE COUNTY FOR THE PROVISION,

MAINTENANCE AND EXPANSION OF STREET LIGHTING, PURSUANT TO

CHAPTER 125, FLORIDA STATUTES, SECTION 125.01(1)(q); PROVIDING

FOR A TITLE, THE "IMPERIAL TERRACE WEST MUNICIPAL SERVICE

BENEFIT UNIT"; PROVIDING THAT THE BOARD OF COUNTY

COMMISSIONERS IS THE GOVERNING BODY OF THE "IMPERIAL TERRACE

WEST MUNICIPAL SERVICE BENEFIT UNIT"; PROVIDING THAT THE BOARD

OF COUNTY COMMISSIOENRS IS AUTHORIZED TO LEVY AND COLLECT

SPECIAL ASSESSMENTS WITHIN THE "IMPERIAL TERRACE WEST

MUNICIPAL SERVICE BENEFIT UNIT", PURSUANT TO CHAPTER 125,

FLORIDA STATUTES, SECTION 125.01(1)(q); PROVIDING FOR THE LEVY

AND COLLECTION OF NON AD-VALOREM ASSESSMENTS PURSUANT TO

CHAPTER 197, FLORIDA STATUTES, SECTION 197.3632; PROVIDING

THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO RAISE

FUNDS FROM SERVICE CHARGES WITHIN THE "IMPERIAL TERRACE WEST

MUNICIPAL SERVICE BENEFIT UNIT"; PROVIDING FOR ADDITIONAL

POWERS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE;

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE

DATE.



The Chairman called for public comments on the proposed resolution, with no one wishing to discuss the issue with the Board.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Resolution 1991-216, expressing the intent of the Board to utilize the uniform method for levy, collection and enforcement of non-ad valorem assessments for the provisions of maintenance and expansion of street lighting within Imperial Terrace West Municipal Service Benefit Unit.

RECESS & REASSEMBLY

At 11:13 a.m., the Chairman announced that the Board would recess until 11:30 a.m. for a public hearing.

RESOLUTIONS/LANDFILLS/ENVIRONMENTAL SERVICES

At 11:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the resolution expressing the intent of the Board to utilize the uniform method for the levy, collection and enforcement of non-ad valorem assessments for the provision of Solid Waste disposal, collection, recycling services and facilities within the MSTU for solid waste collection and disposal.

Ms. Annette Star Lustgarten, County Attorney, explained the intent of the proposed resolution, and stated that the Board is not taking any action, other than providing the authority to adopt a roll during the next fiscal year that would be effective October 1, 1992.

Mr. Ross Buchanan appeared before the Board to question the proposed method of collecting garbage, with Commr. Swartz explaining the terms "special assessment" and "mandatory collection" to Mr. Buchanan.

Mr. Buchanan stated that some of the issues he is questioning are not clear in the resolution, and that he would be opposed to the disposal costs including the landfill capital costs, because money has already been set aside for this purpose, with the one-cent sales tax being in place.

Commr. Bakich stated that, through the process and analysis of the solid waste issue, the costs will go down, and the Board will have a better determination of those costs, after further renegotiating with Ogden-Martin.

Mr. Buchanan stated that he feels the tipping fee will most likely be $70.00 a ton, with an assessment being in the amount of $60-70.00, and reviewed information that was presented by Ogden-Martin in 1988.

Ms. Jeanne Williams, Shockley Hills, appeared before the Board to discuss people around her neighborhood who burn garbage. She stated that the people who live north of Altoona need mandatory trash pickup. Most are paying commercial haulers, or they are carrying their garbage to Paisley or Astor transfer stations. Those who are opposed to mandatory pickup are the minority, and are throwing their trash in the Ocala National Forest, or burning their garbage. Ms. Williams requested that the Board start mandatory pickup for everyone in Lake County.

Mr. Welton Cadwell, representing the Lake County League of Cities, appeared before the Board and stated that the League of Cities supports the adoption of non ad-valorem disposal assessment fees, and supports mandatory collection. At this time, Mr. Cadwell presented the Board with two resolutions indicating the support from the cities.

Ms. Joan Gathings, representing eight other families, appeared before the Board and stated that the majority of those objecting to the mandatory collection are already disposing of their garbage in the proper manner. Ms. Gathings discussed the traveling distance that she and others have to travel to have their garbage picked up, and all of the recycling that they do. She discussed the issue of being charged the same amount of money, even though you may not produce the same amount of garbage, and families that are not living here year round. She stated that the cities are not all mandatory, and questioned the issue of the Board being able to continually change the amount that will be charged, if there is another discrepancy.

Commr. Bakich explained the procedure the Board will follow in keeping with the figures that have been established for garbage disposal.

Ms. Gathings discussed the manner in which the publication of the meeting was made available to the public, with some individuals unable to afford the paper.

Ms. Mary Tomascewski appeared before the Board and stated that everyone is going to have to pay a tipping fee, or taxes. She discussed the process she uses to dispose of garbage, including recycling, and stated that she feels there should be mandatory garbage pickup, but that there should be a fair way of paying the established fees. She questioned charging the individuals in the County the same as in the cities, but understands that it will have to be mandatory.

Ms. Laura Bushwitz, South Lake County, appeared before the Board and stated that she does not have garbage service, because she takes care of all of her own trash. She stated that she has done a survey of people she knows in the unincorporated area, and most of them have a collection service, and would be willing to pay their collector for a curbside recycling service. She suggested that, if the Board decides to tax, it should be across the Board with everyone in the County being taxed, not just those in the unincorporated areas. She further suggested that burning permits be issued, and educational material be made available to the public, so that a determination can be made as to what materials can and cannot be burned, or they can take it to a transfer station where the County can burn it.

Ms. Betty Haywood, unincorporated area of Fruitland Park, appeared before the Board, and discussed the many individuals in the County who are living on fixed incomes. She discussed her reasons for not continuing her garbage service, and stated that she does not feel it would be fair for her to lose her home, if she could not pay her garbage bille, but she, and others, cannot pay tax after tax. She stated that consideration needs to be given to those on fixed incomes, and let them know how they can share the expense, but also follow the rules set for garbage disposal.

Commr. Bailey stated that there are areas that do not need the same level of service, and they cannot afford it.

Mr. Fred Kurras, Appraiser, appeared before the Board and stated that there is a major problem that he sees when he does appraisals. He stated that garbage is being thrown all over the County, and that he fully endorses mandatory garbage collection in the County. Mr. Kurras stated that, when the system is instigated, there should be some sort of tiered exemption where people can prove how they dispose of their garbage, and are only charged a minimum amount of money, and that the County cannot keep putting this issue off, when garbage is cluttering the County.

Mr. Jack Mancil, who lives south of Clermont, appeared before the Board to discuss the increase in his phone bill so that he can call Orlando, which he had no choice in the decision. He stated that he feels he is subsidizing the phone bills and, if the County passes a special assessment, he will be subsidizing the cities. Mr. Mancil stated that people will still throw garbage out in the woods, and that a special assessment will put your property in jeopardy. He suggested that the Board pass a mandatory collection, but give the citizens an option. He stated that he would pay for the number of bags he brings to the transfer station, and buy the garbage bags from the County. Mr. Mancil stated that the County should not be influenced by the cities.

Ms. Joann Carter appeared before the Board and stated that she had the opportunity to talk with Mr. Brad Bauserman, Recycling Coordinator, about recycling. She stated that he indicated that a trust fund from Exxon, in the amount of 26 million dollars per year for the State, has been funding most of the recycling program, which amounts to 20 cents out of the $40.00 tipping fee. She stated that she would support a "pay by the bag" garbage collection.

Mr. Roy Sebring appeared before the Board and stated that he has been forced into retirement, and is living on a fixed income. Mr. Sebring stated that he would "pay by the bag", and that he is definitely involved with recycling. He discussed the process he uses for recycling, and stated that he pays Town and Country for his garbage pickup, and could use a reduction in their charges.

Mr. Arthur Zuchowski appeared before the Board and stated that the Board is in the process of taking the freedom of choice away from the citizens of Lake County. He stated that he opposed mandatory collection, and should be a voluntary choice. He further stated that the cities should also have a choice where to take their garbage, and not have to put their garbage into the incinerator. He discussed combining all of the same services from the cities and County into one main countywide service, such as libraries, fire service, a countywide garbage system, etc. Mr. Zuchowski stated that the Board should not do anything today that will jeopardize the negotiations with Ogden Martin.

Mr. Bob Lovell, City Commissioner of Leesburg, appeared before the Board and discussed the issue of the incinerator, and how it has become a problem for all. Mr. Lovell stated that the cities are making an offer to live in a clean environment, and that we are all here today to talk about an equitable system that the County can put into place that will allow each of us to feel that we are being treated fairly.

Mr. Bob Newman stated that he wants everyone to consider the costs of collection, if there is a mandatory garbage collection for the entire County. Mr. Newman stated that he wanted the County to realize the distance that will have to be traveled, in order to collect garbage in the County and cities. He discussed ad valorem versus non-ad valorem taxes, and stated that he favors ad valorem and compared this to the school taxes.

Ms. Berl Hogan, unincorporated area in Leesburg, appeared before the Board and stated that she lives in a mobile home park where she pays, as part of ther rent, for garbage collection. She stated that the citizens in the park are also voluntarily recycling. She discussed the problem that will exist, if the Board passes the mandatory collection, with her costs being doubled. She further stated that most of the individuals in the park are on a fixed income.

At 12:35 p.m., the Chairman closed the public portion of the meeting.

Commr. Gregg stated that the Board is not passing mandatory collection today, but trying to set the mechanism in motion to be able to try and arrive at a solution to a problem that the County is facing.

Commr. Bailey stated that the County needs to develop a fair cost for everyone, a cost that will pay for the solid waste program, and allow each individual to have the freedom of choice. He stated that the proposed bag service, along with the green boxes, need to be considered, but until a reasonable cost is developed that will be applied to everyone, he will not vote for mandatory collection.

Commr. Hanson stated that the problem has to be dealt with equitably, and, at this time, discussed the inequities that have been voiced today, in the cities, as well as in the unincorporated areas of the County. She stated that she will support the proposed resolution, with the idea that the County will have the fees more reasonable and equitable.

Commr. Swartz stated that he will support the resolution and ordinance to allow this Board the opportunity over the course of the next few months, to have the time to resolve a very complicated, difficult situation that deals with the issues that the cities have presented; which deals with the issue of the unincorporated resident who is now paying for solid waste; which deals with the unincorporated resident who does not dispose of, or deals with, their solid waste in a responsible way. He stated that he will support a special assessment, because it is the only way that the Board has to deal with the issue of solid waste disposal costs and funding, but that he will not, when the time comes, vote for a special assessment, that he feels is a fee, or a level, that is unconscionable. He suggested that, after the Board deals with the resolution, he would like to come back and present a motion for the Board's consideration that forms a Committee that will have the citizens of the unincorporated area serve to help the County come up with a system of dealing with this issue.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to adopt Resolution

1991-217 expressing the intent to use the uniform method of solid waste, as presented.

Commr. Swartz made a motion to advertise for citizens who would like to apply, from the unincorporated area, to serve on a Solid Waste Committee, to make recommendations to the Board on implementation of solid waste disposal alternatives, to include recycling and collection as it relates to the drop off centers, to make those recommendations to the Board, and to instruct staff to come back with the appropriate resolution establishing that committee, and to get that committee to begin meeting.

Commr. Gregg stated that the Board needs to outline the charges, to include such things as buildings, and also to include a sunset provision and a deadline.

Commr. Swartz stated that he would include this as part of his motion, with Commr. Gregg seconding the motion.

Commr. Swartz requested staff to come to the Board with a proposed resolution, making sure that it includes a charge that is acceptable by the Board.

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

RECESS & REASSEMBLY

At 12:47 p.m., the Chairman announced that the Board would recess until 2:00 p.m., for rezoning.

ZONING

Mr. Greg Stubbs, Director, Division of Current Planning, informed the Board that there is one change to the agenda. He stated that Mr. Jon Hall, Case #119-91-4, has requested a withdrawal of this case.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request from Mr. Jon Hall, Case #119-91-4, to withdraw his petition.

PETITION #108-91-3 A to PFD Lake County School Board

Mr. Greg Stubbs, Director, Division of Current Planning, informed the Board that this is a request for rezoning from A (Agricultural) to PFD (Public Facilities District), for the construction of a public safety training complex for police and firefighters. Mr. Stubbs stated that staff has recommended approval, with conditions. He further stated that the Board postponed this request November 19, 1991, and requested staff to bring the existing firing range to the south of this property. Mr. Stubbs stated that the parcel adjacent to C-561 south is not a part of this application, and requested that the applicant supply staff with an updated legal description that deletes this parcel.

Mr. Fred Morrison, Attorney representing the Lake County School Board, appeared before the Board to present an overview of this request. He stated that the questions raised previously had to do primarily with noise generated by night firing, and by driving activities, and skids on the roads, which were addressed, and that he has no problem with the condition deleting sirens. Mr. Morrison reviewed the map of the area with the Board, and directed the Board's attention to the closest residence. He stated that the site will be similar to the Eustis Gun Club, but will have thicker and higher berms. Mr. Morrison also addressed the hours of operation and the need for the flexibility of those hours.

Commr. Swartz stated that he did meet with individuals from the Vocational-Technical Center, and personally visited the site, and, at this time, extended his appreciation for this opportunity.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey 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 the construction of a public safety training complex for police and firefighters.

PETITION #136-90-1 DCA Amendment Robert L. Chapman

Mr. Greg Stubbs, Director, Division of Current Planning, informed the Board that the Department of Community Affairs (DCA) sent revised language to be placed in the Development Order, as noted below:

Part V. Development Order Amendments

Recommendation 17

Recommendation 31(b)

Recommendation 50

Recommendation 51

Recommendation 52



Mr. Stubbs stated that the above recommendations deal with conservations tracts, as well as traffic concerns. He stated that a subsequent letter came to the County Manager to add Page 31, which would involve the Board repealing the original Page 31, and replacing it with the new Page 31, Part V. Development Order Amendments.

Mr. Stubbs stated that Mr. Chapman is well aware of the amendments, and the records reflect his response in letter form.

No one appeared in opposition to the request.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board is making a recommendation for approval, with DCA making the amendments to the Development Order, because they issue the Development Order.

Mr. Steve Richey, Attorney, representing the developer, appeared before the Board and stated that his client is accommodating the concerns expressed by the East Central Florida Regional Planning Council (ECFRPC), and there has been no changes to the project, or to any action taken by the Board.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request made by the Department of Community Affairs, for an amendment to the Development Order, and to amend "PART V. DEVELOPMENT ORDER AMENDMENTS" (page 31) to include the proposed language.

PETITION CUP #89/8/3-5 Revocation of CUP Jack N. Purdum

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board.

It was noted that the applicant was present at the meeting.

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

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for the revocation of CUP#89/8/3-5 for mining activity for peat extraction.



PETITION #131-91-4 A + CUP#88/8/5-4 to CP Thomas Weems

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board.

Mrs. Bonnie Roof, Permits, Inc., 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. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A + CUP#88/8/5-4 to CP (Planned Commercial) with C-2 (Community Commercial) uses, for a feedstore with related retail sales.

PETITION #134-91-4 A to RR Eustis Fruit Co. Inc.

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board. He stated that one leter, and a petition with 26 signatures, were received in opposition to the request. In addition, Mr. Stubbs stated that he received two other petitions, and letters, in opposition before the meeting.

Ms. Cecelia Bonifay, Attorney representing the applicant, and the potential purchaser, appeared before the Board to discuss the request. Ms. Bonifay stated that the owner of the property had to acquire additional property to provide access to Wolf Branch Road. She stated that many of the individuals present today were at the Planning and Zoning Commission meeting, where they expressed their concerns. As a result of the meeting, she has strived to develop a compromise that would still make this a viable project from the applicant's standpoint, and from an economic standpoint, and yet address the concerns expressed, which included having adjacent property zoned AR (Agricultural Residential). At this time, Ms. Bonifay approached the Board with a site plan, which reflected the compromise agreed upon with the residents in the area. She stated that the applicant purchased additional right-of-way, and worked with the Public Works Department to meet the necessary requirements. At this time, Ms. Bonifay explained the proposed development of the lots.

Ms. Bonifay stated that the Board will have another request in front of them today, which is in the same vicinity, and is a request for RR zoning, in AR zoning, but the Planning and Zoning Commission denied the request. At this time, she indicated that she would distinguish the two cases, and stated that the applicant did not plan this to be a subdivision, or a development. The RR zoning bordered Wolf Branch Road and Round Lake Road, and surrounded a piece of AR zoning, which would allow, under straight subdivision, to have access at each house that is placed along these roads, rather than providing for one entrance.

Ms. Bonifay stated that she has two legal descriptions prepared for the RR zoning (one acre lots) versus the AR zoning (two acre lots), which she made avilable to the Board, at this time. She further stated that she has more extensive drawings on the entrance, in terms of right-of-way dedication, etc., if the Board had a desire to review them.

Mr. Roger Kelly, President of the Homeowners Association, Wolf Branch Estates, appeared before the Board to discuss the request. Mr. Kelly stated that the residents of this area are concerned about maintaining the character, not only along Wolf Branch Road, but adjacent to Wolf Branch Estates, in particular. At this time, Mr. Kelly explained the characteristics of the property in this area, and stated that concerns have been presented regarding the parcel being zoned AR instead of RR. He stated that he has met with Mr. Keith Shamrock, and Mr. Steve Shamrock, and has toured the parcel with members of the Homeowners Association. He further stated that ideas have been presented that he feels the citizens can support, and that it is their intent to get assurance that two acre minimum designation on the south portion of this parcel be forthcoming, which would be the point of 1700 feet north from the southeast corner, which would extend beyond the rear boundary of Wolf Branch Estates. At this time, Mr. Kelly discussed concerns involving a future title change on the property, and stated that he would like this designation, as he presented above, to be firm.

Ms. Annette Star Lustgarten, County Attorney, stated that property is always subject to zoning, and that there is no guarantee that, once you zone property, the zoning will remain on that property. She stated that it will have to be consistent with the Comprehensive Plan at all times, but there is no guarantee that it cannot change at some time in the future, but of course, that would be subject to the public hearing and notice of process.

Ms. Bonifay stated that the site plan before the Board, which represents 47 lots, is the agreement that was made on site. At this time, the Board reviewed the agreement, in regards to the location of the different size lots, as presented by Ms. Bonifay. She stated that all zoning categories have been advertised, along with the entire tract.

Commr. Hanson stated that she met with the property owners, and that she feels this is a good compromise, and that she appreciates the ability shown by all to reach a compromise in this case.

Commr. Hanson made a motion, which was seconded by Commr. Gregg, to approve the request for rezoning from A (Agricultural) to RR (Rural Residential), and AR (Agricultural Residential), as advertised, and as presented above.

Commr. Swartz stated that he would vote in opposition to the request, and that the balance of RR zoning is incompatible with the land use.

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

PETITION #100A-76-4 Amendment to CP ORD#31-76

Robert & Shirley Krauklis

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board. Mr. Stubbs stated that a letter of concern was received from the City of Eustis.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for an amendment to CP ORD#81-76, for a single-family residence to be converted to a professional office for future office use.

PETITION #132-91-4 A to RR & AR WPB Properties Inc.

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board. He informed the Board that one letter, and one petition with 26 signatures, was received in opposition to the request. Mr. Stubbs stated that the Planning Division does have concerns with a large number of curb cuts on Round Lake Road and Wolf Branch Road, which will be reviewed at the necessary time by staff.

Mrs. Bonnie Roof, Permits, Inc., representing the applicant, appeared before the Board to discuss the request. Mrs. Roof discussed the possibility of an internal road, or common driveways, and stated that Mrs. Baugh would be willing to accept the recommendation of the Planning and Zoning Commission for straight AR (Agricultural Residential) zoning, with the neighbors being in agreement. She stated that, if the Board did not have a problem with the RR (Rural Residential) zoning, the applicant would prefer to have it. Mrs. Roof stated that most of the property will be divided into five acre tracts to be consistent with the surrounding area, and to prevent the placement of mobile homes.

No one appeared in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bailey 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 future residential development.

PETITION #127-91-3 A to RE & R-1-15 Robert & Cherie Burke

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request, and stated that staff has recommended denial of the request, because it is not consistent with the Comprehensive Plan. Mr. Stubbs stated that the Planning and Zoning Commission has recommended approval of the rezoning from A (Agricultural) to RE (Rural Estates) and R-1-15 (Residential Estates), with one letter submitted in opposition to the request. At this time, he discussed issues relating to Buckhill Road, and stated that this rezoning had been presented to the Board approximately one year ago, but in a different configuration.

No one appeared to speak in opposition to the request.

Mr. Robert Burke, applicant, was present to discuss the request with the Board. Mr. Burke stated that the request does meet the Comprehensive Plan, and will conform with the other houses in the area.

Mr. Stubbs stated that the proposed zoning is not compatible with the surrounding zoning, but is compatible to the surrounding land uses, because there are two lots to the north, and two lots to the south. Those lots are not as small as the R-1-15 lot, so therefore, he feels it is not compatible with the Comprehensive Plan, because it is not consistent with the surrounding zoning for development patterns.

Ms. Annette Star Lustgarten, County Attorney, stated that the density is permitted in the land use designation, but the factors to be considered when you are rezoning include being compatible with the development pattern in the area, as well as the surrounding zoning.

Discussion occurred regarding the request, with the Board members expressing no problem with the request for RE zoning. Discussion continued regarding the configuration of the applicant's property, with the Board presenting possibilities as to how the applicant can reconfigure his property, in order to utilize all of his acreage.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action of the request for rezoning from A (Agricultural) to RE (Rural Estates) and R-1-15 (Residential Estates), for the construction of single family residence, for 60 days, until February 18, 1992, at 2:00 p.m., or as soon thereafter as possible, and waiving any additional fees from the applicant.

PETITION #125-91-2 A to AR Duane & Patricia Land

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board. Mr. Stubbs stated that one letter had been received in opposition to the request.

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

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, 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 the construction of two (2) single-family residences.

Commr. Gregg was not present for the vote.

PETITION #130-91-2 RR to RE Emma-Hart Groves

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board. Mr. Stubbs stated that a request was presented to the Board, in regards to this same piece of property, in November, 1990, for RE (Rural Estates) or RR (Rural Residential) zoning, and the Board approved the RR zoning.

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

Ms. Linda Dozier, representing the case, appeared before the Board to discuss the request and stated that, at the last meeting, the homeowners were in favor of the RE (Rural Estates) zoning, and that she has copies of letters indicating same. She stated that, at the last meeting, the representative was not present, due to misinformation about the hearing, and there was no presentation on the part of the homeowners, at the Planning and Zoning Commission meeting. At this time, Ms. Dozier presented the Board with a sketch of the RE zoning being requested today, and discussed the location of the property, and surrounding zoning and lots sizes. She stated that the purpose of the request is not only for economic purposes, but is also for the description and protection of the zoning itself.

Commr. Bailey stated that the only way that he would approve RE zoning would be to meet with the homeowners, in order to determine their support of the request, and therefore suggested a 30 day postponement; otherwise, he would make a motion to deny the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the request for rezoning from RR (Rural Residential) to RE (Rural Estates), for 30 days, until January 21, 1991, at 2:00 p.m., or as soon thereafter as possible.

PETITION #126-91-2 A to PFD Florida Power Corporation

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board.

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. Bailey, 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 the addition of cellular one building to the existing communication towers, and two (2) equipment buildings.

PETITION CUP #91/11/1-2 CUP in A Dennis D. Yoder

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board. Mr. Stubbs stated that staff has recommended approval of the request, with conditions, and subject to the review by the Department of Community Affairs (DCA), due to the fact that this is in the Green Swamp area of critical State concern. Mr. Stubbs further stated that the Planning and Zoning Commission also recommended approval subject to the following:

"The concrete ready mix plant shall remain in effect for a period of five (5) years, subject to approval by the Department of Community Affairs and annual review after the 3-year period by the County. After the fifth year, the applicant must submit a new application and go through the public hearing process."



At this time, Mr. Stubbs presented the Board with a draft copy of the CUP for review.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to clarify sections of the proposed CUP.

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

Commr. Bailey made a motion, which was seconded by Commr. Gregg, for the Board to uphold the recommendation of the Planning and Zoning Commission and approve the request for a CUP in A (Agricultural), for a ready mix concrete batch plant, subject to the above requirements by the Planning and Zoning Commission.

Ms. Annette Star Lustgarten, County Attorney, requested that the following amendment be included in the motion: Page 2, 3. to include "...all laws, regulations, and ordinances that relate to the Green Swamp...".

At this time, Commr. Bailey included the amendment in his motion, with Commr. Gregg including it in his second to the motion.

The Chairman called for a vote on the motion, which was carried unanimously, including the conditions, requirements, and amendment, as presented.

PETITION #133-91-1 R-1-7 to A Mary E. Thompson

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board.

Ms. Kathryn Moffett was present to represent the case.

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

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 the request for rezoning from R-1-7 (Urban Residential) to A (Agricultural), to apply for a conditional use permit for the placement of a mobile home.

PETITION CUP#91/11/2-1 CUP in A Mary E. Thompson

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board.

Ms. Kathryn Moffett was present to represent the case.

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

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), to place a mobile home on site for care of infirm.

PETITION #123-91-3 R-1-7 to RP Dale Bartch

Mr. Greg Stubbs, Director, Division of Current Planning, was present to discuss the request with the Board.

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

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

On a motion by Commr. Swartz, seconded by Commr. Bailey 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) to RP (Residential Professional), for future development of professional offices and/or duplexes.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:20 p.m.



MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR\BOARDMIN\12-17-91.TMR\2-6-92