The Lake County Board of County Commissioners met in regular session on Tuesday, March 23, 1993, at 2:00 p.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Tim Hoban, Assistant County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Finance Director (present during evening session only); and Marlene S. Foran, Deputy Clerk.

WORKSHOPS

LANDFILLS/COMMITTEES/REPORTS

Commr. Swartz introduced the members of the Solid Waste Study Committee that were present for the Solid Waste Study Committee workshop this date, as follows: Ms. Laura Bushwitz, District 2; Ms. Rachel Smith; District 1; Mr. Joe Woodnick, District 3; Mr. John Eschliman, District 4; Mr. Gene Kastner, District 2; Mr. John Chapman, District 1; Mr. Glen Reed, District 5. Mr. Bud Grantham, District 4, and Mr. Phil McLendon, District 3, were not present. Commr. Swartz introduced the following staff members that were present: Ms. Lori Nicholson, Ms. Claire Bartlett, Solid Waste Disposal Operations Manager; Mr. Bill Cummins, Director of Solid Waste Management; and Mr. Steve Hiney, Recycling Coordinator. At this time, Commr. Swartz expressed appreciation to the members of the Solid Waste Study Committee on behalf of the Board and himself, as Chairman of the Committee, for their time and outstanding contributions as members on the Committee.

A Solid Waste Study Committee Report was distributed to the Board prior to the workshop this date.

Mr. Steve Hiney, Recycling Coordinator, presented the Solid Waste Study Committee Recommendations Report and stated that the Lake County Solid Waste Study Committee was formed by Board Action on January 14, 1992, in an effort to involve the residents of unincorporated Lake County in the decision making process regarding solid waste issues. Mr. Hiney stated that the Committee was reformulated and began weekly meetings on January 14, 1993, for the purpose of investigating issues and options, prioritize said options, and to make recommendations on solid waste services in unincorporated Lake County. The Committee reviewed the budgetary figures and costs associated with Lake County's solid waste management system, and made the determination that the majority of those costs were fixed and not necessarily varied depending on the amount of waste that was being delivered. He further stated that the Committee discerned that many costs would be the same regardless of the quantity of municipal solid waste (MSW) disposed, and a more appropriate method of distributing costs would, therefore, be on an individual household basis rather than on a per ton basis.

Mr. Hiney stated that a density study, based on the current solid waste assessment program, that graphically displayed the distribution of solid waste collection services, included information related to those unincorporated households that received contracted curbside garbage collection, as well as those unincorporated households eligible for the self haul permit. This allowed the Committee to gain an understanding of the current distribution of solid waste collection services. At this time, Mr. Hiney referred to Attachment "A", Density Study, Based on Current Assessment Program.

Mr. Hiney stated that there are three (3) levels of disposal costs. Households who have chosen to use drop off stations, based on a MSW generation rate of 1.2 tons per year or $74.78; households with individual hauling contracts, based on a generation of 1.4 tons per year or $87.25; and those groups of homes able to take advantage of collectively negotiating a collection contract and charged by the contractor at a generation rate of .55 tons per year or $34.28. At this time, Mr. Hiney referred to Attachment "B", and Attachment "C", which compare the number of customers utilizing the drop-off stations, and the tonnage recovered from the drop-off stations under the current assessment program to the corresponding number from the previous fiscal year.

Mr. Hiney stated that the Committee discussed methods and costs of MSW collection, and it was determined that the three (3) levels of expense were households eligible for self haul permits with no specific collection costs; individually collected households with an average yearly collection cost of $135.25, and those group households which averaged a yearly collection cost of $48.52. He further stated the Committee discussed controlling the level of cost to those individually collected households. The Committee felt that the implementation of geographic, exclusive MSW franchise areas would provide those individual household with the ability to reduce collection costs by providing a collective negotiated price.

At this time, Mr. Hiney stated that the Committee prepared four (4) recommendations for the Board's review. The first recommendation is for the continuation of drop-off collection points, which would allow unincorporated households to continue selecting the collection option that best fits their need.

Mr. Hiney stated that the Committee recommends the establishment of exclusive, geographic franchise areas for the collection of MSW; and to exclude those communities with existing contracts or limited service permits, unless they surrender their current arrangements. Mr. Hiney further stated that, as a companion to this recommendation, the Committee feels that recycling service should be provided in a manner that mirrors MSW collection.

Commr. Swartz noted that the recommendation to establish exclusive, geographic franchise areas provides for voluntary collection of MSW, and not for mandatory collection.

Mr. Hiney stated that the Committee recommends that solid waste system costs, excluding collection costs, should be distributed equally among all unincorporated households. He further noted that a model to accomplish this task has been developed and is included as Attachment "D" in the report, at which time discussion occurred regarding said Attachment.

At this time, Commr. Swartz introduced the following dignitaries that were present in the audience: Mr. Wayne Saunders, President of the Lake County League of Cities; Mr. Jim Myers, City of Eustis; and Mr. Bob Proctor, City of Fruitland Park. Commr. Swartz noted that the Solid Waste Study Committee has met with the cities to review the model, and the Committee understands the cities' concerns relating to how the costs were proportioned between the County and the cities.

Mr. Hiney stated that the Committee recommends that solid waste system costs be collected by non-ad valorem assessments. He further stated that an alternative fee collection system was also discussed, which continues the assessment program that is currently in place. The only adjustment would be the method of monthly billing used to collect solid waste system fees from the franchised haulers, and rather than charging the franchise hauler based on unincorporated residential tonnage on a monthly basis, they would be charged based on the yearly household cost.

Ms. Laura Bushwitz, a Committee member and resident of South Lake County, appeared before the Board and stated that she would like to reemphasize that the County has a total solid waste cost regardless of how much trash is generated. She stated that the cost is fixed, and in order to make the cost equal and fair, said cost must be spread through all households.

Mr. Joe Woodnick, a Committee member and resident of Yalaha, appeared before the Board and reemphasized that whether or not the County sends any solid waste and tonnage to the waste energy facility, the County is still responsible for the full price. He stated that an individual household basis is the fair and equitable way.

Mr. John Eschliman, a Committee member and a resident of Mt. Plymouth, appeared before the Board and referred to Attachment "B", Current Disposal Costs, of the report. He stated that individual residents currently are paying for the solid waste facility on a basis of 1.4 tons, for a current disposal charge of $87.25; the households that have collective bargaining are paying for the solid waste facility on a basis of .55 tons, for a current disposal charge of $34.28; and those utilizing the drop-off stations are paying for the solid waste facility on a basis of 1.2 tons, for a current disposal charge of $74.00. He stated that the majority of the comments from the citizens of the Mt. Plymouth area have been regarding the equity issue. He further stressed the importance of an education program to inform the public of the solid waste issues.

Mr. Glenn Reed, Vice-Chairman, Solid Waste Study Committee, appeared before the Board and stated that the solid waste system that is being recommended by the Committee will help the County move toward a system that is equitable to all of the citizens in the cities and County. He addressed the Current Solid Waste Disposal Costs, as addressed in Attachment "B" of the report, and stated that a large number of residents, who currently have service with a hauler, will have the opportunity to save a significant amount of money by a negotiating effort with the haulers in the County and through the collection and disposal effort. He stated that the recommendations in the report this date will revamp the current system and assist the Board with the equity issue in regard to the cities and the unincorporated area of the County.

Mr. Gene Kastner, a Committee member and representative of the residents of Hawthorne At Leesburg, appeared before the Board and stated that the residents of Hawthorne At Leesburg support the recommendations presented this date by the Committee, if the residents can maintain their ability to contract with a hauler. He further noted that the residents are also willing to pay an additional small amount for the pickup of recyclables.

Mr. John Chapman, a Committee member and representative from District One, appeared before the Board and noted that he was one of the dissenting votes on the recommendation that the solid waste system costs be collected by non-ad valorem assessments. He stated that the citizens of Lake County should have a choice, and the opportunity to pay the disposal costs through a monthly or quarterly payment to the hauler.

Ms. Rachel Smith, a Committee member and a representative from District One, appeared before the Board and stated that she believes the Committee is heading in the right direction with the recommendations being presented this date, and that this is the only fair and equitable method of collection for disposal in the unincorporated area of the County.

Ms. Kathleen O'Calvey, a resident of the Okahumpka area, appeared before the Board and questioned if her solid waste disposal costs would increase or decrease, based on the recommendations being made this date.

Mr. Hubert Hartman, a local resident, appeared before the Board and stated that he feels Recreational Vehicle Parks should be required to pay a portion of disposal costs equal to what the homeowners are required to pay, to which Commr. Swartz stated that the issue of the R.V. Parks paying their share of solid waste disposal has been a subject of discussion by the Solid Waste Study Committee, and if necessary data can be provided, they will address this issue.

Commr. Gerber suggested that staff outline the pros and cons of the recommendation that the solid waste system costs be collected by non-ad valorem assessments, and the alternative fee collection system which closely mirrors the assessment program that is in place at this time.

Commr. Cadwell commended the Solid Waste Study Committee, Commr. Swartz, and staff for the direction they have provided. He stated that the first step will be to talk with the haulers regarding exclusive franchises.

Mr. Pete Wahl, County Manager, stated that direction is required, from the Board, for staff to develop exclusive franchise collection areas, and to bring back to the Board negotiated agreements no later than April 30, 1993, or to declare at any point, between now and April 30, 1993, an impasse on the ability to negotiate. The Board will be confronted with either dropping the situation or going out for bid. He noted that a decision should be made no later than July 1, 1993.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to direct staff to develop exclusive franchise collection areas; bring back to the Board negotiated agreements with the haulers no later than April 30, 1993, or declare an impasse on the ability to negotiate, and prepare a Request for Proposal (RFP).

Commr. Swartz suggested that meetings be scheduled in various communities throughout the unincorporated area, for the purpose of educating the residents of Lake County of the recommendations and alternatives that are being considered for solid waste disposal. At this time, staff was directed to prepare an itinerary of scheduled meeting dates for visits to a variety of communities for the purpose of educating the residents of Lake County.

RECESS AND REASSEMBLY

At 3:40 p.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 3:50 p.m. for a workshop on the Brown & Caldwell Environmental Monitoring Report.

REPORTS/LANDFILLS

Commr. Swartz announced that the time had arrived for the presentation by Brown & Caldwell, Consultants, on the Waste-To-Energy Facility On-Going Operational and Environmental Monitoring Report.

Mr. Bill Cummins, Director of Solid Waste Management, appeared before the Board and stated that an environmental program was established prior to the opening of the Waste-To-Energy Facility. He noted that the presentation this date, by Brown & Caldwell, Consultants, will be the first report since the start of the environmental program.

At this time, Commr. Gerber introduced Justin Bleckley and Christopher "Toffer" Caudill, fourth grade students at Dabney Elementary School, who were present in the audience.

Mr. Robert Huguenard, P.E., Project Manager, Brown & Caldwell, appeared before the Board and stated that the purpose of the presentation this date was to provide the Board of County Commissioners and the citizens of Lake County a summary of the results to-date on the on-going Waste-To-Energy Facility environmental and operational monitoring. He noted that the monitoring that will be presented today is above and beyond what is required by the regulatory agencies.

Mr. Huguenard introduced the Project Team consisting of the Environmental Monitoring Team of James Newman, Ph.D. and Michael Whitten, KBN Engineering; and Linda Henry, Ph.D., Toxicologist, Brown & Caldwell; and Thomas Stucker, Operational Monitoring.

Mr. Newman stated that the objectives of environmental monitoring are for the purpose of providing information on the environmental conditions surrounding the Waste-To-Energy Facility, and consists of the establishment of baseline environmental conditions using biological indicators, and an on-going program to monitor potential trends and impacts.

Mr. Newman presented a slide presentation and provided an explanation of the following studies: Chronology Environmental Monitoring; Chemicals Monitored: Inorganic & Organic; Receptors: Soil, Vegetation (Grass, Spanish Moss, Other Plants), Animals (Earthworms, Largemouth Bass, Horse Hair, European Starling); Frequency of Chemical Detection; Metals in Spanish Moss; and Mercury Concentrations in Spanish Moss Comparison to Published Background Data.

Mr. Newman stated that the results and conclusions of the above studies indicate that there are no clear trends and that the levels are within expected background ranges.

Ms. Linda Henry appeared before the Board and stated that her roll in the Project Team is to assure that what is being done is protective of human health and the environment. Ms. Henry's presentation consisted of a slide presentation and an explanation of each study as follows: Focused Receptor Selection - Spanish Moss, Starlings, Bass; Focused Sensitivity of Chemical Monitoring -Stack Samples For Organics, Co-Located Samples, Off Site Samples; Additional Data on Air Movement - Monitor Wind Speed, Monitor Wind Direction.

Mr. Thomas Stucker appeared before the Board and stated that the objectives of the Operational Monitoring program are for the purpose of providing the public and the County with information on facility operation, provide feedback to ensure optimal facility operation, and to ensure that the facility is meeting contract and regulatory requirements. Mr. Stucker's presentation consisted of a slide presentation and an explanation on each of the following studies and graphs: Quarterly Review of Cem Data; Performance Criteria; Compliance Test Observation & Supplemental Stack Testing; Chronology Observation of Compliance Testing and Supplemental Stack Testing; and Emissions Testing Parameters.

At this time, Commr. Swartz announced that the time had arrived for public comment on the Operational and Environmental Monitoring Report.

Mr. Bill Good, a resident of Yalaha, appeared before the Board and questioned if the Project Team had a clear manifest of what materials were being burned at the Waste-To-Energy Facility.

Mr. Whitten responded that they did not have a detailed manifest of what was being burned; however, they studied the likely mix of waste and chemicals that were likely to be derived from said waste, and then established the biological monitoring to track those chemicals.

Mr. John Benton, a local resident, appeared before the Board to establish what types of tests were being used to determine significant changes in alpha levels, to which Mr. Whitten responded.

Mr. Bill Good reappeared before the Board to bring up for discussion the feasibility of using honey bees as an indicator species for off-site samplings.

Commr. Bailey questioned if there were any areas that indicated an environmental problem, to which Ms. Henry stated that the report indicates that Lake County is well under existing criteria limits.

Commr. Swartz requested that Brown & Caldwell include in their proposal periodic presentations to the Board on the progress of the monitoring report.

Mr. Chin C. Khor, M.Sc., P.E., Director of Public Services, City of Eustis, appeared before the Board and questioned Brown and Caldwell on the basis used for off-site samplings.

Mr. Whitten stated that, based on the predictions of the air modeling, the area of maximum deposition was predicted to be somewhere around one to two kilometers; therefore, the monitoring program was based on a one to two kilometer radius around the Waste-To-Energy Facility. He stated that the purpose was to monitor the traditions and trends in the area where maximum deposition occurs.

RECESS & REASSEMBLY

At 5:05 p.m., the Chairman announced that the Board would recess and reconvene at 6:00 p.m. for the evening session of the Board of County Commissioners' Regular Meeting.

INVOCATION

Reverend Bill McCloud, First United Methodist Church, Mount Dora, gave the Invocation and led the Pledge of Allegiance.

MINUTES

The approval of the Minutes of January 19, 1993 (Special Meeting-LDRs), February 12, 1993 (Special Meeting) and February 23, 1993 (Regular Meeting) were postponed until April 6, 1993.

PERSONAL APPEARANCES

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Bonds - Contractor

Request for approval of the following Contractor Bonds:

New

1422-93 Elmer R. Bolling (Roofing Contractor)

4296-93 Darryl Ladd (Building Contractor)

4640-93 David McBride (Residential Contractor)

4648-93 Sickels Plumbing, Inc.

4949-93 David Littiken Plumbing

4965-93 Donald Nelson dba Nelson Electric

5187-93 Eagle Electric, Inc. (Electrical)

5188-93 Robert A. Freeman, Jr./F & W Plumbing, Inc.

5189-93 Gregory Wayne Wright (Aluminum Contractor)

5190-93 Central Florida Service, Inc. (Heating & Air

Conditioning)

5191-93 James P. Rix dba J & B Roofing

5192-93 David L. Hendry (Plumbing)

5193-93 Bill Hall dba Bill Hall's Plumbing

5194-93 William H. Lynum, Jr.

5195-94 Orange Petroleum, Inc. (Gasoline Pump

Installation/Repair)

Cancellations

18-93 Harry H. Mielke dba Homes By Charlie, Inc.

4399-92 Silas Derrick

444-92 Paul I. Smith dba Paul I. Smith Concrete

Accounts Allowed/Assessments/Subdivisions

Request for approval of Satisfaction of Assessment Liens, as follows:

Highland Lakes Subdivision

Marshall H. Gaard $833.36

Marshall H. Gaard $833.36

Marshall H. Gaard $836.08

Richard E. Mentzer $835.23

Richard E. Mentzer $835.23

Marshall H. Gaard $833.74

Marshall H. Gaard $878.45

Roy Lee & Jean F. Smartt $532.07

Astor Forest Campsites

L.L. White $1,017.00

Julie Benson Rose $1,625.32

Buttercup Lane

Professional Building Inspection Services $1,408.62

Ocala Forest Campsites #4

Laurence C. Smith & Rebecca A. Smith $399.50

Wayne Road

Herbert C. Kreager & Ardis M. Kreager $1,003.38

Accounts Allowed

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.

Municipalities/Ordinances/Resolutions

Request to acknowledge receipt of Ordinance No. 93-003, adopted by the City of Fruitland Park City Commission on February 25, 1993, annexing property generally located on the west side of U.S. Highway 441/27, south of Spring Lake Road and north of the Florida Highway Patrol Station, into the City of Fruitland Park.

Request to acknowledge receipt of Ordinance No. 92-11, adopted on February 1, 1993 by the Town of Lady Lake, Florida, amending the town limits of the Town of Lady Lake, Florida by annexing certain contiguous property upon voluntary application by the property owner, The Villages of Lake-Sumter, Inc.

Request to acknowledge receipt of Resolution No. 92-127, adopted on February 1, 1993 by the Town of Lady Lake, Florida, vacating a portion of certain lots and rights-of-way located within the town limits of the Town of Lady Lake, Florida.

Bonds/Resolutions

Request to acknowledge receipt of bond requirement for members of the Board for the North Lake County Hospital District/Independent Special District as required by the Board of County Commissioners' Resolution No. 1990-12.

State Agencies

Request to acknowledge receipt of Florida Public Service Commission Notice of Commission Hearing on March 29, 1993, Docket No. 920657-TC, initiation of show cause proceedings against Southern Star Communications, Inc. for violation of Rule 25-24.515, F.A.C., pay telephone service standards, and Rule 25-4.043, F.A.C., response to commission staff inquires, with prehearing conference scheduled for March 17, 1993.

CLERK OF COURTS' CONSENT AGENDA (CONTINUED)

ADDENDUM NO. 1

Accounts Allowed/Bonds/Contracts, Leases & Agreements

Request for approval of contract with Ernst & Young for the calculation of arbitrage rebate on the $70,000,000 Adjustable Tender Resource Recovery Industrial Development Revenue Bonds, Series 1988A.

PUBLIC HEARINGS/TIMES CERTAIN

ORDINANCES/LIBRARIES

Commr. Swartz stated that the time had arrived for the public hearing on the Ordinance amending Chapter 12, Lake County Code, Libraries.

No one wished to discuss this request with the Board.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Ordinance 1993-3:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 12, LAKE COUNTY CODE, LIBRARIES, ARTICLE III, COUNTYWIDE LIBRARY SYSTEM; PROVIDING FOR AMENDMENT TO SECTION 12-36, CREATED; PURPOSE; TO PROVIDE THAT THE COUNTYWIDE LIBRARY SYSTEM SHALL PROVIDE FREE CIRCULATION OF LIBRARY MATERIALS TO ALL RESIDENTS OF LAKE COUNTY; PROVIDING FOR THE NAME OF THE COUNTYWIDE LIBRARY SYSTEM; PROVIDING FOR AMENDMENT TO SECTION 12-37, LIBRARY BOARD; PROVIDING FOR LIMITED STAGGERED TERMS OF BOARD MEMBERS, PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

PERSONAL APPEARANCES (CONTINUED)

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

Mr. Robert J. Zahradnick, a member of the Tourist Development Council, appeared before the Board to present a special memento to Commr. Donald Bailey for his service on the Tourist Development Council. Mr. Zahradnick introduced Mr. Joe Knowles and Mr. Vic Donahey, past members of the Tourist Development Council, who were present in the audience.

At this time, Mr. Zahradnick presented Commr. Bailey with a rendering of the new Lake County Welcome Center, in appreciate for his outstanding contributions as Chairman of the Tourist Development Council, and his leadership provided during the development of the Welcome Center.

PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

ORDINANCES/COMMITTEES

Commr. Swartz announced that the time had arrived for the public hearing on the Ordinance Establishing the "Lake County Industrial Development Authority".

No one wished to discuss this request with the Board.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance 1993-4:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING THE "LAKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY" BY ORDINANCE TO REPLACE RESOLUTION NO. 1987-8; PROVIDING FOR A TITLE; PROVIDING FOR AUTHORITY; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

FIRE PROTECTION/ORDINANCES

Commr. Swartz announced that the time had arrived for the public hearing on the Ordinance Establishing the "Lake County Fire and Emergency Services Advisory Board".

No one wished to discuss this request with the Board.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Ordinance 1993-5:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING THE "LAKE COUNTY FIRE AND EMERGENCY SERVICES ADVISORY BOARD"; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

ROAD CLOSINGS

PETITION NO. 709 - Ali A. Nemazie - Eustis Area

The Chairman announced that the advertised time had arrived for the public hearing on Road Vacation Petition No. 709 for Ali A. Nemazie.

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request.

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

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 709 by Ali A. Nemazie to vacate easement, Sec. 14, Twp. 19S, Rge. 27E, Eustis Area, as advertised.

PLANNING/STATE AGENCIES

Commr. Swartz announced that the time had arrived for the Public Hearing on the transmittal of the Comprehensive Plan Amendments to the Lake County Comprehensive Plan.

Mr. Tim Hoban, Assistant County Attorney, stated that Florida Statute 163.3184 states that the amendments before the Board this date must be available for viewing by the general public seven (7) days prior to the meeting, and the Land Development Regulations (LDRs), Subsection 14.02.8, grant the Board the ability to adopt, reject, or approve a condition of these amendments; therefore, the Board will not be able to make major changes this date.

Commr. Swartz stated that the Board will limit discussion this evening to those items that are before the Board this date and have appeared before the Local Planning Agency. Commr. Swartz further stated that the amendments before the Board are amendments to the March 2, 1993 Comprehensive Plan and, essentially, change dates, and update the Housing Element.

Mr. Mark Knight, Principal Planner, appeared before the Board to address issues regarding the amendments before the Board this date.

At this time, the Chairman announced that the time had arrived for public comment from the audience.

Ms. Cecelia Bonifay, Attorney representing a number of land owners and businesses in the Lake County area, appeared before the Board, for the record, to preserve standing for any of those individuals who may find themselves affected at a future date by the amendments proposed this evening. Ms. Bonifay stated that clarification is needed regarding the Transfer of Development Rights (TDRs) for the Wekiva River Basin, which is within the Wekiva River Protection Act, and was designated within that legislation for the use of TDRs for that portion which may be in the Mt. Plymouth/Sorrento Urban Compact Node, and is not within the Wekiva River Protection Area boundary. She stated that it was clearly her understanding that TDRs were to be limited to the area known as the Wekiva River Basin.

Mr. Greg Beliveau, Land Planning Group, appeared before the Board and stated that it was always his understanding that the Transfer of Development Rights (TDRs) were to be transferred only within the Wekiva River Basin, and recalls discussions by the Board at previous public hearings regarding TDRs outside of the Basin, which were specifically discussed and denied.

Mr. Steven Richey, Attorney, representing Royal Riddle, a property owner in the Mt. Plymouth/Sorrento Urban Compact Node, but not in the Wekiva River Protection Area, appeared before the Board and stated that Mr. Rydell purchased property in March, 1989, and rezoned said property from R-1-7 to R-1-15. He stated that at no time did the minutes of previous public hearings reflect a motion being made requiring TDRs in the urban node spanning beyond the Wekiva River Protection Area. He stated that it was his understanding that the implications of the Comprehensive Plan Amendment only affected those lands within the Wekiva River Protection Area. He stated that notices were sent to property owners within the Wekiva River Protection Area, because of the substantial effect to the area. He stated that those being affected tonight were not noticed as part of that process, because no one contemplated that TDRs were going beyond the Wekiva River Protection Area.

At this time, discussion occurred regarding the Land Use Element Amendment. Commr. Swartz stated that he has reviewed the minutes of previous public hearings regarding the TDRs in the Wekiva River Protection Area and the Mt. Plymouth/Sorrento Urban Node, and has a different conclusion of what action was taken. He suggested that the Board consider not limiting, but expanding TDRs in the County. He stated that a significant area in South Lake County, located within the Green Swamp Area of Critical State Concern, is an example of an area where equity to landowners could be derived through TDRs. He encouraged the Board not to adopt the proposed change before the Board this date, but to pursue further use of TDRs to help landowners to achieve greater equity than what the Land Use Plan Map will provide.

Commr. Hanson stated that, although she was not on the Board at the time the TDRs were approved, she was in the audience as a citizen, and it was the general public's interpretation that the TDRs would not be required in the Mt. Plymouth/Sorrento Urban Node outside of the Wekiva River Protection Area. She stated that TDRs should be consider county-wide.

Commr. Bailey stated that the amendatory process is for the purpose of making changes to what was previously approved. He stated that the Mt. Plymouth/Sorrento Urban Node should be treated the same as the urban nodes throughout the County. He stated that he does not feel that it was the intent of the Board to apply the TDRs to the Mt. Plymouth/Sorrento Urban Node.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board approved the Land Use Element Amendment.

Commr. Swartz and Commr. Gerber voted "No".

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the transmittal of the Land Use Element Amendment.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Traffic Circulation Element Amendment.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the transmittal of the Traffic Circulation Element Amendment.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Housing Element Amendment.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the transmittal of the Housing Element Amendment.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the Stormwater Management Sub-Element Amendment.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the transmittal of the Stormwater Management Sub-Element Amendment.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Conservation Element Amendment.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the transmittal of the Conservation Element Amendment.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Capital Improvements Element Amendment.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the transmittal of the Capital Improvements Element.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the transmittal of the Comprehensive Plan Amendment in its entirety to the Department of Community Affairs.

ZONING

At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services; Mr. Jim Barker, Director of Environmental Management; Mr. Don Griffey, Director of Engineering, Public Services; Mr. Mark Knight, Principal Planner; and Ms. Ann Weeks, Planner II, Development Regulations Services.

Postponement

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

#65-92-4 St. Johns Reserve 4-27-93

Commr. Hanson noted that this request was in District 4, and not in District 3, as indicated on the agenda.

PETITION NO. CUP#91/11/1-2 LAWSON & PAMELA WOLFE

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board.

Mr. Steven Richey, Attorney representing the applicants, appeared before the Board and stated that during negotiations with the Department of Community Affairs in relation to the pending Administrative Hearings, his clients elected to withdraw the request for a CUP (Conditional Use Permit) for a ready mix concrete batch plant.

No one wished to speak in opposition to this request.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to revoke the request for a CUP (Conditional Use Permit) for a ready mix concrete batch plant.

PETITION NO. CUP#92/9/6-2 CUP IN R-6 TED WYATT

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for a CUP (Conditional Use Permit) in R-6 (Urban Residential) & LM (Light Manufacturing) for a construction and demolition debris landfill to fill old clay pits for future planting of citrus, which is denoted in the Comprehensive Plan Land Use Element as one of the sites in the Rural Conservation Area of the Green Swamp Area of Critical State Concern, and is consistent with the Comprehensive Plan for this specific use.

Mr. Jim Barker, Environmental Management Division, responded to a question presented by Commr. Gerber regarding the monitoring of debris being brought into said landfill, and stated that the applicant will be required to provide periodic reports and will be subject to a regular inspection program.

Ms. Cecelia Bonifay, Attorney representing the applicant, appeared before the Board and stated that the time frame for completion of the landfill will depend on the Flood Control Ordinance, suggesting that it may be three (3) to five (5) years or longer. She stated that Mr. Wyatt is a citrus grower, and this offers an opportunity to improve and reclaim the area, and keep materials out of the County's landfills.

No one wished to speak in opposition to this request.

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 for CUP (Conditional Use Permit) in R-6 (Urban Residential) and LM (Light Manufacturing) for a construction and demolition debris landfill to fill old clay pits for future planting of citrus.

PETITION NO. 51-92-2 A TO R-1 PINE ISLAND LAKE GROVE

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, stated that the request for rezoning to R-1 (Rural Residential) for development of single-family residences is in the Transitional category located on the Land Use Plan Map. He stated that, based upon the new policies outlined within the Lake County Comprehensive Plan for the Transitional category, there are criteria under the Timeliness of Development for the actual building of said property, which requires that fifty (50%) percent of surrounding area be developed with actual roof tops before this property can be developed. He further stated that the Board may approve the zoning to R-1 (Rural Residential); however, lot splits cannot be done on said property for more than one (1) unit per five (5) acres until development comes to the general vicinity.

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

Mr. Steven Richey, Attorney representing the applicants, appeared before the Board and stated that his clients are aware of the Timeliness of Development criteria. He stated that contiguous to the property in question, are acre lots that will be grandfathered and vested, and his clients feel that, eventually, someone will build on those lots, which will then allow his clients to build.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1 (Rural Residential), subject to the Timeliness of Development criteria, for development of single-family residences.

PETITION NO. 55-92-2 A TO R-1 JAMES A HANSON

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, stated that the request for rezoning from A (Agricultural) to R-1 (Rural Residential) for a single-family residence is in the Transitional category located on the Land Use Plan Map, and is subject to the Timeliness of Development criteria. He stated that staff will be working with the applicant in the future to review this case.

Mr. Stubbs stated that the Planning and Zoning Commission approved this request, subject to the request for additional right-of-way by the Department of Public Services.

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

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

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1 (Rural Residential) for a single-family residence.

PETITION NO. 61-92-2 A TO AR GARY JOHNSON &

ARVID R. JOHNSON, SR.

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, stated that the request for rezoning from A (Agricultural) to AR (Agricultural Residential) is in the Rural Conservation category located on the Land Use Plan Map. He noted that a legal document will be recorded in the public records indicating that this is for a family lot split.

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

On one present wished to speak in opposition to this request.

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 for rezoning from A (Agricultural) to AR (Agricultural Residential) for construction of a single-family residence.

PETITION NO. 93/1/1-5 CUP IN A DONALD & LEISA RAILSBACK

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for a CUP (Conditional Use Permit) in A (Agricultural) for cutting and storing of firewood and processing of wood chips. He stated that this request is in the Rural category located on the Land Use Plan Map, and staff has recommended denial of said request.

Mr. Stubbs noted that there are approximately six (6) letters in opposition to this request.

It was noted that the applicant was not present in the audience.

Mr. Jeff Miller, a local resident, appeared before the Board to voice his opposition to this request, at which time the oath was administered by the Deputy Clerk.

Mr. Brian Andrews, a local resident, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Andrew stated that he is the potential property owner of an adjacent property, and has recently been turned down by his lender of choice simply because of the property in question.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for a CUP (Conditional Use Permit) in A (Agricultural) for cutting and storing of firewood and processing of wood chips.

PETITION NO. 4-93-2 A TO R-6 JOSEPH & BERNICE KENNEDY &

LEE & SUSAN MCMILLON

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for rezoning from A (Agricultural) to R-6 (Urban Residential) and stated that staff is recommending approval to R-4 (Medium Suburban Residential). He noted that the applicant does have enough property to meet the R-4 (Medium Suburban Residential) criteria.

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

Mr. Steven Richey, Attorney representing the applicant, was present in the audience to address question presented by the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to R-4 (Medium Suburban Residential) for a single-family residence.

Commr. Cadwell was not present for the vote.

PETITION NO. 6-93-2 R-6 TO R-8 CHARLES K. MYERS

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for rezoning from R-6 (Urban Residential) to R-8 (Mixed Residential) for development of a manufactured home subdivision. He stated that one petition has been received in opposition to this request. He stated that the applicant has agreed to hook on to the City of Groveland's Central Water System, and septic tanks will be utilized on the lots until urban services can be obtained from the City.

Ms. Cecelia Bonifay, Attorney representing Mr. Charles K. Myers, and Mr. Gary Isaac, appeared before the Board to present opening remarks regarding this request. She stated that she will demonstrate that this request is consistent with the Lake County Comprehensive Plan and the applicable Land Use Plan Map.

Ms. Bonifay stated that the developer has agreed to enter into a Developer's Agreement, which would limit density to three (3) units per acre. She stated that the proposed zoning would be consistent with all elements of the Lake County Comprehensive Plan, as conditioned in the Staff Report; it would not be in conflict with the provisions of the Land Development Regulations (LDRs); and it would be compatible with the existing and proposed land uses within the surrounding area. She further stated that the Land Use Plan Map has designated this property Urban, which is the only designation which would allow a R-8 (Mixed Residential) zoning classification.

Ms. Bonifay stated that one of the crucial areas in this case is whether or not mobile home dwellers are to be relegated to secondary sites, and whether they are going to be discriminated against because of the fears and concerns that people have regarding the impact of mobile homes on the neighborhood.

Ms. Bonifay stated that she will demonstrate that manufactured homes have value that will meet or exceed any of the housing values in the area, and that mobile homes do not have a negative value on surrounding land uses.

At this time, Ms. Bonifay called Ms. Leslie Campione to the podium for the purpose of providing expert testimony regarding surrounding densities in the area, types of housing in the area, provision of utilities to the site, status of traffic in the area, adverse impact of the development on Lake Katherine, and the value of surrounding homes.

Ms. Leslie Campione, Attorney, appeared before the Board, at which time the oath was administered by the Deputy Clerk. In response to questions presented by Ms. Bonifay, Ms. Campione stated that she has been working with Mr. Gary Isaac, the individual who wishes to purchase the property in question, and has visited the site, and met with officials from the City of Groveland to discuss the potential development.

Ms. Campione responded to a questioned presented by Ms. Bonifay regarding how the surrounding homes would be adversely affected by the project. At this time, a copy of a report titled "Manufactured Housing Research Project" was submitted into evidence as County Exhibit A, to be kept on file in the Clerical Support Division of the Clerk's Office. Ms. Campione stated that she has studied the "Manufacturing Housing Research Project", and at this time provided testimony on a wide range of issues relating to manufactured homes as addressed in said report.

Mr. Tim Hoban, Assistant County Attorney, noted that individuals with standing may have the opportunity to question Ms. Campione, and an individual with standing is anyone in the affected area, anyone who received "noticed" on the rezoning, or filed a "Notice of Appearance".

It was noted that no one present in the audience wished to question Ms. Campione regarding her testimony.

At this time, Ms. Bonifay called Mr. Carl Adams to the podium to provide expert testimony regarding changes or modifications in manufactured homes, value of other properties developed by Mr. Isaac, and properties in the direct vicinity of the property in question.

Mr. Carl Adams, Jr., a Real Estate Appraiser in Lake County, appeared before the Board, at which time the oath was administered by the Deputy Clerk. In response to questions presented by Ms. Bonifay, Mr. Adams stated that he is a licensed Real Estate Broker, a Mortgage Broker, and a Real Estate Appraiser for a number of banks in Lake County. Mr. Adams stated that he has visit properties in the direct vicinity of the subject property, and that there are a wide range of home values in the area. Mr. Adams stated that, in his opinion, the project in question would not adversely affect the surrounding property values.

It was noted that the expert testimony being given by Mr. Adams was being given under contract by the law firm of Cecelia Bonifay, at which time, Ms. Bonifay stated that, for the record, it is standard procedure that a fee is paid by the individual who calls the witness.

It was noted that no one present in the audience wished to question Mr. Adams regarding his testimony.

Ms. Bonifay called Mr. Jerry Isaac to the podium to provide expert testimony relating to existing manufactured home developments, the tax base in the area, and standards being used in the manufacturing of mobile homes. At this time, a collection of snapshots showing properties in the area, listing their property values, was submitted into evidence as County Exhibit "B", to be kept on file in the Clerical Support Division of the Clerk's Office.

Mr. Jerry Isaac, Yalaha, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Isaac presented a graph for the Board's review indicating the locations of the properties listed in County Exhibit "B", and the tax base in the area. He reviewed each property, and the value of the subject property. Mr. Isaac stated that he has chosen this particular site because he feels the City of Groveland is in need of affordable housing.

Mr. Isaac responded to questions presented by the Board regarding the size and value of homes in the vicinity of the project, and other projects that Mr. Isaac has developed.

Mr. James Hanks, a resident directly across the street from the proposed development, appeared before the Board and questioned Mr. Isaac as to what the taxable value of the homes would be with the manufactured homes in place.

Mr. Donald Corder, a local resident, appeared before the Board and presented a question to Mr. Isaac relating to why his graph is only portraying homes in the immediate vicinity of the project, and not portraying a wider range of homes.

At this time, Ms. Bonifay requested that the video tape, which was submitted as evidence at the February 24, 1993 Planning and Zoning Commission meeting, illustrating the properties in the vicinity of the project, be made available for viewing. It was noted that the video tape in question was not presently available.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the continuation of Petition No. 6-93-2 until such time as the video tape in question can be located and presented for viewing later in the meeting.

RECESS & REASSEMBLY

At 8:40 p.m., the Chairman announced that the Board would recess for ten minutes, and would reconvene at 8:50 p.m.

ZONING (CONTINUED)

PETITION NO. 6-93-2 R-6 TO R-8 CHARLES K. MYERS

It was noted that the video tape requested by Ms. Bonifay was available for viewing at this time.

Ms. Bonifay recalled Ms. Leslie Campione to the podium to present the video tape, which was submitted into evidence as County Exhibit G, to be kept on file in the Clerical Support Division of the Clerk's Office. Ms. Campione provided narration of the video tape, which illustrated the homes in the vicinity of the subject site.

At this time, the oath was administered to Mr. James Hanks, Mr. Glenn Turner, Jr., Mr. Lewis Klaber, and Mr. Donald Corder.

Mr. James Hanks, a local resident, reappeared before the Board and stated that his home will be directly affected by the subject project. He noted that the City of Groveland unanimously turned down the applicant's request for annexation, due to the fact that they felt it was not appropriate to go against the wishes of the community and the residents of the area. He stated that the video tape, County Exhibit G, illustrated only the run-down areas, and did not illustrate the nice homes in the area. Mr. Hanks stated that rezoning to R-8 (Mixed Residential) will allow construction that is inferior to construction that is already existing, and the densities that are proposed are inconsistent with the densities that are developing in the area.

Ms. Bonifay questioned Mr. Hanks regarding his response at the February 24, 1993 Planning and Zoning Commission meeting regarding the value of his property. Mr. Hanks presented a copy of his Homeowners' Policy, from Westfield Companies, which was entered into evidence as County Exhibit E, to be kept on file in the Clerical Support Division of the Clerk's Office, which indicates that his dwelling is insured for $174,500.

Ms. Bonifay presented an original and certified copy of the transcript of the February 24, 1993 Planning and Zoning Commission meeting, which was entered into evidence as County Exhibit "C", to be kept on file in the Clerical Support Division of the Clerk's Office. Ms. Bonifay referred to testimony by Mr. Hanks, on page 14, of said transcript, regarding the value of his property.

At this time, Mr. Hanks presented a video tape illustrating the existing properties in the area, which was entered into evidence as County Exhibit D, to be kept on file in the Clerical Support Division of the Clerk's Office. Mr. Hanks provided narration of the video tape, at which time discussion occurred regarding various properties illustrated on the video tape.

Ms. Bonifay questioned Mr. Hanks as to the geographic area that the video tape encompassed in terms of the distance around the proposed development, to which Mr. Hanks pointed out the route taken for the video tape.

Mr. Glenn Turner appeared before the Board and referred to a letter, dated February 7, 1993, addressed to the Board of County Commissioners from himself, and Ms. Doris Turner, opposing the rezoning of subject property to R-6 (Urban Residential). He referred to County Exhibit B, photo number 8, stating that this picture is not a picture of his home, but is a picture of his garage. He stated that the area surrounding the subject property is primarily five (5) acre tracts, noting that his property is ten (10) acres. Ms. Bonifay requested clarification from Mr. Turner as to the location of the lots that are under the above mentioned five (5) acre tracts, and presented questions relating to the traffic issue and utilities.

Mr. Donald Corder reappeared before the Board and expressed his concern with run-off from the consolidation of the homes adjacent to Lake Katherine, and the need for central control of mobile home establishments.

Mr. Lewis Klaber, a local resident, appeared before the Board and presented a video tape for the Board's review of an aerial view of the area in question, which was submitted into evidence as County Exhibit F, to be kept on file in the Clerical Support Division of the Clerk's Office. Mr. Klaber provided narration, noting the numerous lakes in the area, the subject property, and his property, which is adjacent to the subject property. Mr. Klaber expressed concern with run-off from the project, environmental concerns and traffic. He further expressed concern with the compatibility of the proposed project with the rural environment that is now present.

Ms. Laverne Anderson, a local resident, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Anderson stated that she lives in a manufactured home, and has encouraged the project in question, noting that the project will provide needed affordable housing in the area.

Ms. Billie Bybee, a local resident, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Bybee stated that she lives in a manufactured home, and stated that there is a need for this type of affordable housing, which is consistent with the types of development that are occurring in the surrounding area.

At this time, Ms. Bonifay called Mr. Clyde Puryear to the podium as a rebuttal witness.

Mr. Clyde Puryear, a local developer, appeared before the Board, at which time the oath was administered by the Deputy Clerk. In response to questions presented by Ms. Bonifay, Mr. Puryear stated that he was the co-developer of Lake Katherine Estates. He stated that there are thirty-three (33) lots, consisting of thirty thousand (30,000) square feet per lot, with a minimum requirement of fifteen hundred (1,500) square feet of living space per home in Lake Katherine Estates.

Mr. James Hanks reappeared before the Board to present questions to Mr. Puryear relating to Mr. Puryear's Real Estate Broker sign in front of Lake Katherine Estates.

Ms. Bonifay called Mr. Greg Stubbs to the podium. Mr. Stubbs responded to questions presented by Ms. Bonifay relating to the land use designation in the area. He stated that the land use designation is currently Urban, and the maximum allowable density in Urban development is seven (7) dwelling units per acre. Mr. Stubbs stated that the developer is proposing to build the proposed subdivision at three (3) dwelling units per acre under a Developer's Agreement, and the developer has agreed to offer larger lot sizes on Lake Katherine.

In response to questions presented by Ms. Bonifay, Mr. Stubbs stated that he has had the opportunity to talk with the City Manager, Mr. Saywood Sherburne, with the City of Groveland. Ms. Bonifay further questioned Mr. Stubbs regarding Mr. Sherburne's feelings about the proposed development.

At this time, Commr. Swartz stated that this line of questioning was not relevant; to which Ms. Bonifay requested that the record reflect that said line of questioning was not accepted. Discussion occurred regarding this issue, to which Ms. Bonifay stated that the line of questioning was being offered only as a direct rebuttal to statements that were submitted previously as to the position of the City of Groveland.

In answer to further questions presented by Ms. Bonifay, Mr. Stubbs stated, in his professional opinion, the proposed development would be consistent with the July 1991 and the March 2, 1993 Lake County Future Land Use Plan Map.

No one present in the audience wished to question Mr. Stubbs regarding his testimony.

Ms. Bonifay, at this time, called Mr. Jim Barker, Director of Environmental Management/Pollution Control Officer, to the podium. Ms. Bonifay presented questions to Mr. Barker, relating to Pollution Control requirements for Lake County. Mr. Barker responded that requirements and limitations will be placed on the development, at which time he reviewed said requirements.

At this time, Ms. Bonifay presented her closing comments, stating that the applicant has met the burden of proof, and demonstrated, based on the Staff Report, that this project is consistent with the Future Land Use Plan Map.

Mr. Hoban reviewed the procedure for voting on this request, and stated that, after the discussion and vote, the Board will be required to state into the record, the facts and conclusions in determining their vote. He will then reserve the right to question each Board member regarding their vote.

Commr. Bailey stated that the prevailing land uses and densities in the area in question are larger lots and conventional built homes, and noted several existing conventional home developments in the area.

Commr. Cadwell expressed concern with the fact that the property is contiguous with the City of Groveland; however, the City of Groveland refused annexation. He further expressed concern with whether utilities from the City of Groveland will ever be made available to the area with the density that is present.

Commr. Swartz expressed concern with whether the proposed development is consistent with the development patterns that are in the surrounding area, noting that predominately the size of the land use in the area is larger than what is being proposed in the development. He stated that the Board is required to consider all facts, and not just the fact that it meets the requirements of the Comprehensive Plan.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and denied the request for rezoning from R-6 (Urban Residential) to R-8 (Mixed Residential) for development of a manufactured home subdivision.

At this time, Mr. Hoban presented questions to Commr. Swartz, Commr. Bailey, Commr. Cadwell and Commr. Gerber relating to the reasons and facts for their decision.

Commr. Hanson stated, for the record, that her vote for denial was due to the sizes of the parcels in the area, the compatibility with the area, and the Timeliness of Development issues.

PETITION NO. CUP#93/1/3-2 CUP IN A JAMES D. BRADFORD

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request.

Mr. Stubbs stated that one petition has been received in opposition to this request.

The applicant's representative was present in the audience.

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

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 for a CUP (Conditional Use Permit) in A (Agricultural), as conditioned, for placement of a second mobile home on site for the care of the infirm.

PETITION NO. 8-93-5 R-6 TO CFD IRA ROBINSON

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request and stated that the Planning and Zoning Commission approved this request, as amended, to include year-round weekend use, caretaker's residence either in a dormitory or separate approved building; front setback of fifty (50') feet, and perimeter setback of twenty-five (25') feet.

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

Ms. Bonnie Roof, representing the applicant, was present in the audience.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning R-6 (Urban Residential) to CFD (Community Facility District), as amended, for a Bible Camp to include a convention center, dormitory, pool, and classrooms.

PETITION NO. 9-93-2 A TO AR SAUBI RAMNARIAN-IBAUS CORPORATION-JOHN J. ANTHONY

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for rezoning from A (Agricultural) to AR (Agricultural Residential) and stated that staff has recommended denial of this request based upon the findings of fact in the Planning and Zoning Commission meeting. He stated that there are no specific objections to the two and one-half acre parcels on the property, but the Timeliness of Development criteria will adversely affect the pulling of permits on the western portion of this area.

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

Ms. Bonnie Roof, representing the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Roof stated that, when this request went before the Planning and Zoning Commission, it was in compliance with the Comprehensive Plan. She stated that her clients have gone forward with having surveys prepared, submitting application fees, and have received preliminary approval from the Technical Review Committee (TRC) prior to the adoption of the Comprehensive Plan. She requested that the Board review this request, as it is compatible with the surrounding area.

Commr. Swartz stated that the Board will be required to review this request based on the Lake County Comprehensive Plan, and it does not allow rezoning in a Rural designation to anything greater than one (1) unit per five (5) acres.

It was noted that the entire parcel in question has been advertised and, in order to rezone a portion of the parcel, a new legal description would be required and would have to be advertised.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone Petition No. 9-93-2, Suabi Ramnarian, for thirty (30) days.

PETITION NO. 10-93-5 AMEND MP ORDINANCE #43-87 RICHARD S.

& HOLLY G. BAUGH

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request to amend MP Ordinance #43-87 and stated that the Planning and Zoning Commission approved this request, as amended, to include a two hundred (200') foot setback for the kennel.

Mr. Stubbs stated that one letter of concern has been received from the City of Eustis.

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

Mr. John D. Weatherford, Attorney, speaking on behalf of the Human Society of Lake County, appeared before the Board and stated that they are in agreement with the recommendation that the setback for the kennel be increased to two hundred (200') feet.

Ms. Ann Weeks, Planner II, appeared before the Board and stated that the use in question is very much in character with the surrounding area.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to amend MP Ordinance #43-87 for a shelter for abused and injured animals.

PETITION NO. CUP#92/10/2-3 CUP IN A BARBARA MCCABE

Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for a CUP (Conditional Use Permit) in A (Agricultural) zoning for a horse show and event and stated that the applicant has agreed to add additional acreage to the east of the site, which will bring the size of the site to 12.2 acres. He further stated that the Planning and Zoning Commission voted to deny this request.

Mr. Stubbs noted that one letter has been received in opposition to this request.

Mr. Stubbs stated that it is the recommendation of staff that the applicant use the existing structures on the site, provide a site plan indicating parking areas, not exceed more than ten (10) events per year, meet the open air gatherings criteria, provide adequate areas for rest rooms, a limit of no more than one hundred (100) people on the site at one time, and meet all of the other Land Development Regulations (LDRs) requirements with respect to site plan review.

Mr. Stubbs submitted an aerial map of the subject property, which was submitted into evidence as County Exhibit A, to be kept on file in the Clerical Support Division of the Clerk's Office.

Ms. Cecelia Bonifay, Attorney representing Ms. Barbara McCabe, the applicant, appeared before the Board and stated that the applicant has worked with staff to develop a site plan that will effectively buffer the neighbor on the east and the neighbor on the west of the property. She stated that the area in question is currently zoned Agricultural; however, it also has a number of other uses, which have been allowed in Agricultural zoning. At this time, Ms. Bonifay referred to a handout which included a letter from Lake County Sheriff, George E. Knupp, Jr., in reference to security and traffic control; a diagram illustrating the proposed location of lights for the arena area; a technical diagram illustrating the mounting angle of lights; and a list of existing land uses and copy of plat showing specific lots and existing land uses, which was submitted into evidence as County Exhibit B, to be kept on file in the Clerical Support Division of the Clerk's Office. Ms. Bonifay noted that there are a number of commercial uses in the area, and further stated that the request is consistent and compatible with the surrounding land uses, as indicated in the Staff Report. Ms. Bonifay noted that the applicant has spent her time and money to address the issues of noise, how sound would travel to adjacent properties, lighting, traffic and transportation, at which time she referred to the information provided in County Exhibit B.

Ms. Bonifay called Mr. Bob Molinary to the podium for the purpose of providing expert testimony on the proposed sound system.

Mr. Bob Molinary, owner of Safe and Sound Studio One, appeared before the Board, at which time the oath was administered by the Deputy Clerk. In response to questions presented by Ms. Bonifay, Mr. Molinary stated that he has experience in providing sound design for outdoor events for commercial and residential application and has reviewed the site plan for this particular zoning project. At this time, he explained the design of the sound system which he feels would be adequate for this particular application, minimizing sound loss and directing sound in a given location so that sound does not go beyond those points. Mr. Molinary presented a diagram of the placement of the speakers in relation to the arena on the proposed site, and information on the proposed equipment, which was submitted into evidence as County Exhibit C, to be kept on file in the Clerical Support Division of the Clerk's Office.

Commr. Swartz expressed his concern with the type of sound that Residence "A" and Residence "B" would be hearing from the site, to which Mr. Molinary responded that, if 80 decimals of sound were produced by the site, Residence "A" would be hearing 47.5 decimals of sound, at which time he explained his calculations. He suggested that an earthen barrier be included on the site plan along Residence "A".

No one present in the audience wished to question Mr. Molinary regarding his testimony.

At this time, Ms. Bonifay presented a site plan of the project for the Board's review, which was submitted into evidence as County Exhibit D, to be kept on file in the Clerical Support Division of the Clerk's Office.

Ms. Barbara McCabe, the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. McCabe described, on the site plan, how events will function on the property and the location of the neighbors in relationship to the arena.

In response to a question presented by Mr. Pat Adams, adjacent property owner, Ms. McCabe stated that security and law enforcement will be provided by off duty deputies, and she will be responsible for restitution to the deputies.

At this time, Ms. Bonifay called Ms. Michelle Morley to the podium for the purpose of providing expert testimony.

Ms. Michelle Morley, Attorney, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Morley stated that she is a horse enthusiast and has competed in horse events in Lake County. She discussed the activities and noise surrounding horse events and stated that the type of events that Ms. McCabe plans for her facility are family oriented events, where children will learn responsibility, learn to compete with their friends and become good sportsmen. She discussed the size of the properties where other horse shows have taken place in the County.

No one present in the audience wished to question Ms. Morley regarding her testimony.

At this time, Ms. Bonifay called Ms. Bonnie Roof to the podium for the purpose of providing expert testimony.

Ms. Bonnie Roof appeared before the Board to provided information on Royal Acres, a boarding facility similar in size to that which is being proposed, and located on a ten acre tract of land, with a residence on the site. She stated that three day horse events are held at the facility, and run very well on the ten acres. She further stated that the speaker system that is used by Royal Acres does not offend the surrounding property owners.

No one present in the audience wished to question Ms. Roof regarding her testimony.

Mr. Neil McDonald, a resident of Astatula, appeared before the Board, at which time, the oath was administered by the Deputy Clerk. Mr. McDonald stated that he agrees with the testimony that has been presented regarding the various events to be held on the site in question.

Ms. Betty McDonald, a resident of Astatula, appeared before the Board and stated that the land use is very compatible to the surrounding area.

Ms. Mary Clark, a local resident, appeared before the Board and stated that ninety-eight (98%) percent of the land owners in the area own horses, and the zoning is consistent with what is currently present. She noted that there is a training facility across the road from the property in question.

At this time, the oath was administered by the Deputy Clerk to Mr. Carroll Ward, Mr. Steve Turner, Mr. Pat Adams, and Mr. Tom Dorman.

Mr. Carroll Ward, property owner across the road from the site, appeared before the Board and stated that he is not in opposition to this request, but is concerned with the safety of those attending the horse events.

Mr. Donald Griffey, Director of Engineering, Public Services, responded to Mr. Ward's concerns and stated that C-48 is scheduled to be widened to twelve (12) foot lanes, with turn lanes being installed on each end of C-48 in Astatula.

Mr. Steve Turner, adjacent property owner, reappeared before the Board in opposition to this request, noting that this request is not compatible with the surrounding properties.

Mr. Pat Adams, adjacent property owner, reappeared before the Board and stated that he purchased his property to build a home for his family. He stated that he has no objection to the applicant training horses, but he does object to the noise and lighting that will result from night horse events.

Mr. Tom Dorman, Consultant, representing Mr. and Mrs. Steve Turner, appeared before the Board and stated that horse shows and events are not appropriate uses for the surrounding area. He requested that the Board accept the findings of the Planning and Zoning Commission and deny this request.

Commr. Swartz stated that he is not comfortable with the size of the parcel, the lighting, the sound system, or the request for weekend evening events until 11:00 p.m.

Commr. Cadwell expressed his concern with the size of the parcel, and the request for evening events.

Commr. Bailey expressed his concern with the size of the parcel, and the issues relating to the lighting and noise.

Commr. Hanson stated that she supports the request, with the conditions, as previously stated, noting that a CUP (Conditional Use Permit) may be revoked at any time.

Commr. Gerber stated that she feels it would be irresponsible of the Board to approve the request and then revoke the CUP (Conditional Use Permit) after all of the conditions have been met.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission and denied a request for a CUP (Conditional Use Permit) in A (Agricultural) for boarding and training horses and for a horse show and events.

Commr. Hanson voted "No".

At this time, the Assistant County Attorney presented questions to the Board relating to the reasons and facts for their decision.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that Tab 12, the request to award RFP #P-5-3-08 to Gay Brumley to serve as Children's Services Coordinator for the Citizen's Commission for Children, and to encumber and expend funds, in the amount of $40,000, be withdrawn from the County Manager's Consent Agenda.

On a motion by Commr. Bailey seconded by Commr. Gerber and carried unanimously, the Board approved the following requests, with the exception of Tab 12:

Accounts Allowed/Budget Transfers

Request for approval of the following budget transaction:

Fund: General

Department: Sheriff

From: Contingency/Sheriff $10,000

To: Transfer/Law Enf.-Other Expenses $5,000

Transfer/Law Enf.-Capital Outlay $5,000

Transfer #: 93-0104

Appointments-Resignations/Committees/Libraries/Municipalities

Request for approval of appointment of Thomas J. Kelley to the Lake County Library Board, as a representative of the Mount Dora Public Library.

Request for approval of appointment of Dr. Robert H. Miller to the Lake County Library Board, as County-at-large representative, Seat 2.

Request for approval of appointment of Dick Bowersox to the Lake County Library Board, as a representative of the Lady Lake Library.

Accounts Allowed/Subdivisions

Request for release of an Irrevocable Letter of Credit for performance of improvements for Plantation at Leesburg, Tara View, in the amount of $529,286.00.

Accounts Allowed/Subdivisions

Request for final plat approval of Vista Verde Estates, (26 lots in District 2); and acceptance of Irrevocable Standby Letter of Credit, in the amount of $184,298.40, for performance of improvements.

Deeds/Rights-of-Way, Roads & Easements

Request to accept the following Statutory Warranty deed:

Minor Lot Split

James A. Stivender and Elizabeth A. Stivender and

Frank A. Stivender - Park Holland Road (#1-5210)

Rights-of-Way, Roads & Easements

Request to accept maintenance map for Round Lake Road (#4-4183).

ADDENDUM NO. 1

Resolution/Emergency Management

Request for ratification of Resolution No. 1993-50 of the Board of County Commissioners relating to the Proclamation of Local Emergency.

Accounts Allowed/Budget Transfers/Courthouse

Request for ratification of an emergency transfer, in the amount of $200,000, for repairs and renovations to the historical courthouse.

Landfills/Public Services

Request for ratification of waiver of tipping fees of storm related debris at the Astatula Landfill.

Landfills/Resolutions/Public Services

Request for approval of Resolution No. 1993-53 expressing intent to provide for sufficient revenue for closure of landfills.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/GRANTS/LIBRARIES/STATE AGENCIES

Mr. Pete Wahl, County Manager, presented this request to the Board.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval and signature on the LSCA Title I, Library Automation Grant application with the State Library, for a total amount of $78,384.00, subject to final approval by the County Attorney.

ORDINANCES/RESOLUTIONS/COMMITTEES

Mr. Pete Wahl, County Manager, presented the request for a Resolution establishing the "Lake County Animal Control Ordinance Study Committee.

Commr. Swartz requested that additional language be inserted on Page 2, Line 15, as follows: "or similar animal organizations".

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval and signature on Resolution No. 1993-54 establishing the "Lake County Animal Control Ordinance Study Committee", as amended.

COMMITTEES/RESOLUTIONS/SIGNS

It was the decision of the board to postpone the request for approval and signature on a Resolution establishing the "Lake County Sign Committee".

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for approval and signature on Amendment No. 9 to the Post, Buckley, Schuh & Jernigan, Inc. Solid Waste Services Agreement for the preparation of construction plans and bid documents for the excavation of the Phase IIB cell at the Lake County Solid Waste Management Facility.

REPORTS

COMMITTEES/FINANCE/RESOLUTIONS

Commr. Swartz brought up for discussion the Resolution establishing the "Lake County Ad Hoc Financing Advisory Committee" and noted a correction to language on Page 2, Line 26, as follows: "Four (4) members of the Lake County Community with expertise or other types of investments." He further requested that language on Page 3, Line 4, be changed as follows: "The members of the Ad Hoc Financing Committee shall elect a Vice-Chairman, and a representative from the Board will serve as Chairman".

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1993-56

establishing the "Lake County Ad Hoc Financing Advisory Committee", as amended.

ADDENDUM NO. 1

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Proclamation No. 1993-55 declaring March as Women's History Month.

ADDENDUM NO. 1 (CONTINUED)

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested permission to waive permit fees for storm related repairs due to the March 13, 1993 storm, and noted that it was anticipated that funds would be available through the Federal Emergency Management Act (FEMA) for expenses incurred by the inspectors during inspection of said repairs.

Planning & Development

Request for permission to waive permit fees for storm related repairs due to the March 13, 1993 storm, with direction given to Mr. Pete Wahl, County Manager, to review and return with a recommendation for an appropriate time limit for waiver of said fees.

ADDENDUM NO. 2

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER/COMMITTEES

Mr. Pete Wahl, County Manager, presented the request for recommendation that the Citizens' Commission for Children convene to review RFP #P-5-3-08, and recommend that the position of Childrens' Services Coordinator be chosen from the remaining candidates, or readvertise RFP #P-5-3-08.

Commr. Bailey stated that he feels the position of Childrens' Services Coordinator should be filled by the County, and suggested that the Citizens' Commission for Children be asked to review this issue and provide a recommendation regarding said issue.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved to direct staff, and Commr. Hanson, to prepare various alternatives relating to the filling of the position of Children's Services Coordinator, and present said alternatives to the Citizens' Commission for Children for their review and consideration.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:45 a.m.

__________________________________

G. RICHARD SWARTZ, CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

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ADDENDUM NO. 1 (CONTINUED)

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested permission to waive permit fees for storm related repairs due to the March 13, 1993 storm, and noted that it was anticipated that funds would be available through the Federal Emergency Management Act (FEMA) for expenses incurred by the inspectors during inspection of said repairs.

Planning & Development

Request for permission to waive permit fees for storm related repairs due to the March 13, 1993 storm, with direction given to Mr. Pete Wahl, County Manager, to review and return with a recommendation for an appropriate time limit for waiver of said fees.

TO: THE BOARD OF COUNTY COMMISSIONERS

ANNETTE STAR LUSTGARTEN, COUNTY ATTORNEY

PETE WAHL, COUNTY MANAGER

FROM: MARLENE FORAN

DATE: SEPTEMBER 10, 1993

The attached is an Addendum to be incorporated into the Minutes of the March 23, 1993 BCC Regular Meeting, which will require the Boards' approval prior to being incorporated into said minutes. The request was approved at the March 23, 1993 meeting; however, was inadvertently omitted from said minutes.

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