A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 18, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, August 18, 1992, 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; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Deputy Clerk in charge of County Finance and Internal Audits; and Sandra Carter, Deputy Clerk.

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

MINUTES

Action regarding the Minutes of June 23, 1992 (Regular Meeting); July 21, 1992 (Regular Meeting); and July 28, 1992 (Regular Meeting) was postponed until the Board Meeting of August 25, 1992.

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



Request for payment of Warrant No. 155064 through Warrant No. 155315 for the following accounts:



Fire Districts General Revenue

County Transportation Trust Landfills

Commissary Trust Fund Capital Outlay

Insurance Fund Animal Shelter Trust Fund

Aquatic Weed Emergency 911 Fund

Mosquito Control Resort & Development Fund Tax

School Impact Fee Trust Account Law Enforcement Trust Fund

Countywide Library Criminal Justice Trust Fund

Road Impact



Bonds - Contractor

Request for approval of Contractor Bonds, as follows:



New

381-92 S. L. Walker, Jr.

5126-92 Michael B. Jones dba M. Jones Plumbing Corp.

5127-92 Robert House (Roofing)

5129-92 Robert Dietz (General)

4628-92 Daniel R. Herndon dba Herndon Plumbing

5122-93 Worldwide Foundations, Inc. (Carpentry and Foundation)

5128-93 George R. Robbins, Jr.

5130-93 Sherrods Roofing, Inc.



Cancellations



3077-92 Kenneth E. Oliver (Roofing)



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Danny Clifton Thomas, in the amount of $250.00 - Case No. 81-284-CF-B.

Request for approval of Satisfaction of Judgment for Tracy D. Brown, a child, and Gloria Lueallen, in the amount of $50.00 - Case No. 90-913-CJ.



Request for approval of Satisfaction of Judgments for Clarence O'Neal Greene, a child, and Jessie Greene, in the amount of $50.00 - Case No. 88-1013-CJ and for Clarence O. Greene, a child, and Clarence and Jessie Mae Greene, in the amount of $50.00 - Case No.

87-940-CJ.



Communications/Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission of public hearing to be held Tuesday through Friday, August 25-28, 1992, at 9:30 a.m., in Room 106, Fletcher Building, Tallahassee, Florida, concerning investigation to determine whether local exchange company pay telephone service (LEC PATS) should be regulated differently than it is currently regulated, and concerning the investigation regarding the appropriateness of payment for dial-around (10XXX, 950, 800) compensation from interexchange telephone companies (IXCs) to pay telephone providers (PATS).



Audits/Public Defender/State Agencies

Request to acknowledge receipt of Report No. 11919, from the State of Florida, Office of the Auditor General, pertaining to Operational Performance Audit of the Office of the Public Defender, Fifth Judicial Circuit, for the period of May 1, 1991 through April 30, 1992.



Utilities

Request to acknowledge receipt of Notice from the Florida Public Service Commission regarding Application for Amendment of Certificate No. 512-W in Lake County by Lake Hills Utilities, Inc., modifying Order No. PSC-92-0255-FOF-WU, issued April 27, 1992, to reflect that the Guber Property is included in the Lake Hills Utilities, Inc.'s service territory in Lake County.



Accounts Allowed/Clerk/Budgets



Request to acknowledge receipt of proof of publication, on July 17, 1992, of unclaimed monies collected by the Office of the Clerk of Circuit Court. Said monies, $6,473.80, less those claimed on or before September 1, 1992, will be receipted as Fine & Forfeiture revenue on or before September 25, 1992.





AUDITS/CLERK/FINANCE



Mr. James C. Watkins, Clerk, introduced to the Board

Ms. Barbara Lehman, Deputy Clerk in charge of County Finance and Internal Audits, and informed them of her duties.

COUNTY MANAGER'S CONSENT AGENDA

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

Administrative Services-Budget/Purchasing



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:



(B) Award Bids and Encumber Funds



(1) Health & Gen. Ten-8 Fire Equipment/ $ 2,582.40

Svc. - EMS 2) Partner #K1200 14"

EMS-054 Saw & Accessory Pkg.

Used in fire rescue.

Bid #062-340-092.

Low Bid. Grant Funds.



(2) Health & Gen. Aero Products/ 200 $ 3,540.50

Svc. - EMS disposal pocket mask

EMS-056 & 50 ea. 1-way valves

Bid #062-340-092. Low

Bid. Grant Funds.



(3) Health & Gen. Phoenix Metals/ Metal $10,399.05

Svc. Fire to construct tanks on

Svc. FS9- three trucks. Bid #

152/153 069-570-092.



(C) Approve Quotations and Encumber Funds



(1) Capital Imp. Dierco Supply Corp./ $ 3,758.32

Infrastructure 4x8x1 tectum painted

Sales Tax Fund acoustical panels for

Main Jail.



(2) Health & Gen. G.T.E./ 2) Gandalf $ 2,440.70

Svc. Fire Svc. Modems for fleet

FS8-141 maint. computers

Station 71. Lowest

responsive quote.



(3) Public Works Wicks Consulting/ $ 2,000.00

Special Svc. Environmental

RB-8212 Property Assessment

Phase-I for Pringle

donation of property.



(4) Public Works Scotty's/ Building $ 1,130.02

Special Svc. materials for Fleet

RBM-13720 shop in Leesburg.



(5) Public Works Lengemann of FL./ $ 1,049.17

Engineering Materials for use

RB-8240 in Engineering Div.

(E) Approve Other Payments and Encumber Funds



(1) Public Works Florida Central $ 1,508.50

Road Oper. Railroad/ Maintenance

RB-8230 Agreement #621800-B

Round Lake Road

Crossing.

(F) Approve Services That Do Not Require Bids

or Quotes and Encumber Funds



(1) Corrections Waterman Medical Ctr./ $ 8,527.96

BIL-17 Inmate Medical care.



(2) Corrections Dr. William H. $ 1,270.00

BIL 18 Middleton/ Inmate

Medical Care.



(3) Corrections Town & Country Refuse/ $ 3,000.00

COR-693 Blanket purchase order

for 30 yd. dumpster at

main jail for August &

September 1992.



(4) Health & Gen. Clemmons Truck Parts/ $ 1,670.00

Svc. Fire Svc. Emergency Repair for

FS9-178 Prop. #ll679, Tanker.

Critical piece of equip.



(5) Public Works Ringhaver Equipment/ $ 1,037.37

Landfill Parts & labor to repair

LF-2704 starting system. Prop.#

11695/J#6159 816 Compactor.



(6) Public Works Ringhaver Equipment/ $1,056.17

Road Oper. Parts & labor to repair

RBM-13733 Prop.#12338/J#6048 Cat

Grader.



(7) Public Works Commercial Bldg. Group/ $10,920.59

Energy Mgmt. Replacement spare parts.

RB- Warranty stock items,

for Honeywell System.

Sole Source.



(8) Health & Gen. Drs. Shutze & Techman/ $ 7,774.70

Svc. Medical Change Order to increase

Exam. MOR-115 Blanket P.O. for services

of Medical Examiner for

remainder of FY 1992-93.

New P.O. total $14,774.70



(9) County Mgr. FL. Dept. of Commerce/ $ 4,250.00

Tourist Dev. Participation fee for

TDC-183 1992 World Travel Mkt.



(I) Chairman's Signature



(1) BCC Admin. Application for Mobile no fiscal Radio Services & Temp. impact

permit to operate a part

90 Radio Station.



(H) Chairman's Signature and Encumber Funds



(1) BCC Admin. James L. Meadows/ Lease $ 8,400.00

Agreement between Lake

County & James L. Meadows

for Sheriff's Substation

1216 Bowman St., Clermont

Fl. 34711.



(2) BCC Admin. Chris Cox/ Extended Lease $ 7,200.00

Agreement between Lake

County and Chris Cox for

Office space for Sheriff's

Department.



(3) Clerk's Office Scheveling Construction Co./ $448,718.00

Record Storage Execute contract between

Scheveling Construction Co.

and Lake County for Records

Storage Building.



Accounts Allowed/Administrative Services-Budget/Budgets

Budget Transfers/County Property/Resolutions

Mosquito-Aquatic Plant Management



Request from Administrative Services-Budget for approval of the following budget transactions:



Budget Transfers:



Fund: Law Library

Department: Law Library

From: Capital Outlay $ 4,500

Contingency $11,500

To: Law Books $16,000

Transfer No.: 92-0230





Fund: Countywide Fire

Department: Health & Gen. Serv.

Division: Public Safety

From: Operating Expenses $18,000

To: Operating Expenses $10,000

Capital Outlay $ 8,000

Transfer No.: 92-0220



Resolution:



Request from Administrative Services-Budget for approval of resolution requesting that the Mosquito Control Fund be amended, to increase the total budget to include unanticipated revenue received from the sale of surplus property, in the amount of $826.00.



Accounts Allowed/Contracts, Leases & Agreements/Courthouse



Request from Capital Improvements for approval of Amendment Eight to the contract agreement with Barton-Malow, for Construction Management Services for the Criminal Justice Facility, in the amount of $59,535.00, subject to approval by the County Attorney.



Accounts Allowed/Education/Grants/Landfills/Municipalities



Request from Environmental Services to encumber and expend funds to the cities and towns of Clermont, Eustis, Howey-in-the-Hills, Lady Lake, Tavares, and Umatilla, for the first and second

quarter reimbursements FY 91-92 Recycling and Education Grant, totaling $46,934.30.



Accounts Allowed/Public Health



Request from Health and General Services for approval of payment of the monthly Medicaid hospital bill, in the amount of $50,932.11, and the Medicaid nursing home bill, in the amount of $28,81.30, for June.



Accounts Allowed/Contracts, Leases & Agreements/Committees



Request from Planning and Development for approval to execute an agreement for FY 1992-93, between Lake County and the Economic Development Commission of Mid-Florida, Inc., in the amount of $100,000.00, and to encumber and expend funds.



Accounts Allowed/Roads-County & State/Subdivisions



Request from Planning and Development for approval to release escrow, in the amount of $14,800.00, for maintenance, for King's Peninsula, and to remove the following roads from the County maintenance system: Florida Avenue (5-7039A), Rosamond Drive

(5-7139), and Longlois Place (5-7239).



Bonds - Mobile Home



Request from Planning and Development for approval to cancel mobile home bond for Mr. Paul M. Glynn, Riverwood Subdivision, Tavares area, District 3.



Deeds/Rights-of-Way, Roads & Easements



Request from Planning and Development for approval to accept a Non-Exclusive Easement Deed, for an agriculture waiver, for Jose and Kathy Barahona, District 2.



Accounts Allowed/Public Works/Road Projects



Request from Public Works for approval to award and authorize the Ranch Road "Part" portion of Project No. 4-92, Ranch Road

(3-2854) "Part" and Lois Drive (3-3259) Lump Sum Construction, to Superior Asphalt Company, Inc., and to encumber and expend funds, in the amount of $155,604.70.



Accounts Allowed/Public Works/Road Projects



Request from Public Works for approval to accept Change Order No. 1 to the Lois Drive portion of Project No. 4-92, Ranch Road

(3-2854) "Part" and Lois Drive (3-3259) Lump Sum Construction, for a credit of $1,000.00.



Accounts Allowed/Public Works/Road Projects



Request from Public Works for approval to award and authorize Project No. 14-92, C-565 North and C-565A South Widening and Resurfacing Lump Sum Construction Project, to Art Walker Paving and Excavating Company, and to encumber and expend funds, in the amount of $132,620.60, low bid. Commissioner District 2, Impact Fee Benefit District 6.



Public Works/Roads-County & State



Request from Public Works for approval to advertise Road Vacation Petition No. 690, by Rodney Adams, Lake Jem area, Commissioner District 3.





Public Works/Roads-County & State/Subdivisions



Request from Public Works for approval to advertise Road Vacation Petition No. 691, by Edward M. Sobko, Arbormere Subdivision, Leesburg area, Commissioner District 1.



Public Works/Roads-County & State/Subdivisions



Request from Public Works for approval to advertise Road Vacation Petition No. 692, by Lennard Ryttse, Leesburg area, Commissioner District 1.



Public Works/Roads-County & State/Signs



Request from Public Works for approval to install a four-way stop at the intersection of Fosgate Road, Ridgewood Road, and Thoroughbred Lane, with "Stop Ahead" signs installed on both approach legs of Fosgate Road.



Public Works/Roads-County & State/Signs



Request from Public Works for approval to accept the emergency placement of stop signs at the intersection of Jefferson Street

(2-1369) and Lake Boulevard (2-1370), and at the intersection of Jefferson Street (2-1369) and First Avenue (2-1368), in the Johns Lake area.



Public Works/Roads-County & State/Signs



Request from Public Works for approval to change speed limit on Westward Ho Avenue (4-4288A) from 35 mph and 25 mph to 30 mph, and post new speed limit signs from SR 46 south to CR 435.



Public Works/Roads-County & State/Signs



Request from Public Works for approval to increase speed limit on Kismet Road (5-9081), for approximately one mile south of CR 455, from 30 mph to 40 mph, and post a new speed limit sign.



Deeds/Planning & Development/Road Projects



Request from Public Works for approval to accept the following Statutory Warranty Deeds:



For Road Project



Kevin S. Berg and Sara J. Berg, his wife - Mattioda Road

(2-1113)



For Minor Lot Splits



Roveri James Dolfi and Sandra K. Dolfi, his wife - Rainey Road (4-3887)



Randy Labour and Sandra Labour, husband and wife - Rainey Road (4-3887)



Betty M. Whitaker - C-44A



Benjamin H. Anderson - Cemetery Road (2-2254)



Leonard N. D'Aiuto - McCall Road (5-8376)



Deeds/Municipalities/Roads-County & State



Request from Public Works for approval to release the following Murphy Act State Road Reservations:



Deed No. 1334 - Harold Mazzan - Town of Astatula - Reserve 33 ft. from centerline of Adams Street and 33 ft. from centerline of Massachusetts Avenue, according to the plat of the Town of Astatula, per letter from Olive Ingram, Town Clerk, Town of Astatula.



Deed No. 1934 - The Estate of Herbert Mayer, deceased - East of Umatilla - release all reservations.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COURTHOUSE

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Capital Improvements for approval of contract settlement with W. R. Landscaping, for exterior landscaping of the new Courts Building, in the amount of $27,000.00.

ENVIRONMENTAL SERVICES/PERSONNEL

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request from Personnel for approval to post and fill the following position, with the stipulation that priority be given to the County's custodial employees, who's jobs are being terminated, due to the County contracting with private enterprise for custodial services:

Environmental Services

Landfill Attendant I - Pay Grade 216-01 - Salary: $5,948.80

LAWS & LEGISLATION/PLANNING & DEVELOPMENT

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Planning and Development for approval to adopt State requirements for the construction of billboards, as stated in Chapter 479, Florida Statutes, and directed the County Attorney to draft an emergency ordinance placing a moratorium on billboards in Lake County, to be brought before the Board for approval at the Board Meeting of August 25, 1992.

It was noted that no permits will be issued during the interim period between the time that the ordinance is being drafted and the time that it is adopted by the Board, at the meeting scheduled for August 25, 1992.

SUPPLEMENTAL AGENDA

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PERSONNEL/PLANNING AND DEVELOPMENT

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Personnel to post and fill the following position:

Planning and Development

Planner III - Pay Grade 609-00 - Salary: $27,339.00



PLANNING AND DEVELOPMENT

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Planning and Development for approval of an agreement for the sale of 22.52 acres (+/-) located in the Lake County Central Park, to Carroll Fulmer & Company, Inc., for a selling price of $457,365.35, which includes the construction of Freedom's Way and appurtenance's, and the deferral of the sewage fee of $74,631.28 for five years.

COUNTY ATTORNEY'S MATTERS

COUNTY ATTORNEY/LAWS AND LEGISLATION

Ms. Annette Star Lustgarten, County Attorney, referred to a letter which she had received from Mr. John J. Copelan, Jr., President of the Florida Association of County Attorneys (copies of which were provided to the Board in their backup information) informing her that the Florida Association of County Attorneys had been asked by the Florida Association of Counties to review the possibility of bringing suit against the State of Florida, for funding of Article V, Judiciary, costs. A questionnaire had been provided regarding the outcome, costs, and timing of litigation, due to the fact that if the consensus of the Board and other County

Commissions is to go forward, the Association would like to know to what extent the Board would be willing to involve itself financially. She noted that recommendations against, and in favor of, litigation had also been provided. She stated that the Florida Association of County Attorneys would like to go before the Board of the Florida Association of Counties in September, 1992, with as many recommendations as possible regarding whether or not to pursue litigation in the matter. She noted that there is no real way to predict what the cost will be, however, it is estimated to be between $100,000.00 to $200,000.00.

A brief discussion occurred, at which time Commr. Swartz suggested a third alternative to be considered, noting that he felt to do nothing was not the right thing to do.

Ms. Lustgarten stated that she felt it would not be in the County's best interest to go forward with the litigation at this time.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized the County Attorney to respond to the Florida Association of County Attorneys' questionnaire concerning Article V, Judiciary, Florida Constitution, Court Costs, and that, in conjunction with the Association, or with the individual counties, directed staff to assess the Article V costs, in order to determine what the future action should be.

CODE ENFORCEMENT/COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, concerning pending litigation, being Bates vs. Lake County Code Enforcement Board, where the Code Enforcement Board had issued an Order requiring removal of junk cars and debris, that the County was successful at the Circuit Court level, sitting as an Appellate Court, in that the Court found in favor of the County that the Order was properly issued. She noted that Mr. Bates has 30 days to appeal the decision to the Fifth District Court of

Appeals, if he so chooses. She stated that she would continue to keep the Board updated regarding the matter.

No action was taken at this time.

COUNTY ATTORNEY/ROADS-COUNTY & STATE

SUITS AFFECTING THE COUNTY

Commr. Swartz questioned the County Attorney, Ms. Annette Star Lustgarten, as to whether the County was close to settling a pending litigation case involving Mink Road, to which she responded that staff had gone to the site, determined exactly what the County could live with, and had notified the Attorney representing the plaintiff (Mr. Brown) of same. She stated that the County is now waiting for a Settlement Agreement to be prepared.

Commr. Swartz requested the County Attorney to look into the matter and make sure that the Settlement Agreement is being prepared in a timely manner, in order to get it properly signed, and the lawsuit settled.

No action was taken at this time.

COMMISSIONERS' BUSINESS

COMMITTEES/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution in support of the Lake Community Action Agency, Inc., for their activities and their efforts to acquire funding to assist the elderly, handicapped, and disadvantaged youth and families of Lake County.

COMMISSIONERS/SHERIFF'S DEPARTMENT/STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, explained this request, stating that the Secretary of State has jurisdiction over the issuing of gun permits, which she noted are processed by the Sheriff's Department; however, according to the Florida Statutes national forests are within the jurisdiction of the U.S. Forest Service and the Board of County Commissioners is the entity that issues such permits. She noted that this is a first for the Board of County Commissioners and that she will be preparing a form to be

used for future cases, noting that only limited usage will be permitted.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to issue special firearm permits to Edward J. Czajkowski and Linda E. Czajkowski to carry a firearm while traveling on CR 445, Paisley Road (formerly Forest Road 538), and Old Deer Road when ingressing and egressing their property.

ORDINANCES/TAX COLLECTOR

A brief discussion occurred regarding this request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board of certain legalities pertaining to this request.

Mr. Jeff Pfister, Attorney, representing the petitioner, Madame Shawnee, appeared before the Board, briefly discussed the issue, and answered questions presented by the Board.

The Board directed staff to check with the Sheriff's Department and see how many complaints may have been filed with them involving fortune tellers, and to look at the cost of implementing an ordinance regarding same, before pursuing the matter.

No action was taken at this time.

ACCOUNTS ALLOWED

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board ratified financial items which needed to be paid prior to this Board Meeting.

COMMITTEES

A brief discussion occurred regarding a request to select individuals to be recommended to the Governor for his appointment to the Lake County Citizens' Commission for Children, at which time it was the consensus of the Board to postpone action regarding the matter until the Board Meeting of September 1, 1992.



COMMITTEES/EDUCATION/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution in support of the School Board acquisition of funding from the Historical Preservation Advisory Council, for the preservation of the Howey Academy.

SUPPLEMENTAL AGENDA (CONT'D.)

COMMISSIONERS' BUSINESS

COMMITTEES/HEALTH AND GENERAL SERVICES

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Nicholas Ortiz to the Lake County Affordable Housing Task Force, to serve in the Low Income Citizen Advocate Representative position, with the appointment to expire on August 18, 1994.

COMMITTEES/LANDFILLS

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Ralph L. "Bud" Keeler to serve as District 4 representative on the Solid Waste Study Committee, replacing Mr. Theodore Featherstone, who resigned, with the term to expire six months from the date of the first meeting.

ORDINANCES/SHERIFF'S DEPARTMENT

Commr. Gregg brought to the attention of the Board a matter involving Club 44 and some complaints he had received from nearby residents regarding noise generated by the club. He stated that the residents have requested the Board to reconsider the Noise Ordinance, which was discussed two years ago, however, never adopted, therefore, requested staff to get together with the Sheriff's Department and see what the cost would be to enforce the ordinance, should additional officers need to be hired to do so.

No action was taken at this time.

RECESS & REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would recess until 10:00 a.m.

PUBLIC HEARING - LAND USE PLAN AMENDMENTS

PLANNING & DEVELOPMENT/ZONING

Mr. Greg Stubbs, Director of Current Planning, distributed to the Board a letter from the Law Office of Cecelia Bonifay, requesting that, on behalf of Ms. Bonifay's client, Mr. W. T. Cox, LUPA No. 92-7-2-2, W. T. Cox, Jr., as Trustee of W. T. Cox, Jr. Revocable Trust, be withdrawn. He requested the Board to also approve withdrawal of the following cases:

LUPA No. 92-7-0 Lake County

LUPA No. 92-7-1-4 Herman J. Heidrich & Sons

LUPA No. 92-7-3-2 Charles E. Bradshaw, Jr., and Jack Lynch

LUPA No. 92-7-5-1 Charles E. Bradshaw, Jr.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved withdrawal of the above noted cases, as requested by Mr. W. T. Cox, Jr, petitioner, and staff.

Mr. Stubbs then requested, on behalf of the petitioner, postponement of the following case until the Board Meeting scheduled for October 27, 1992:

LUPA No. 92-7-4-5, David VanBibber, et al

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved postponement of the above noted case, as requested by the petitioner, until the Board Meeting scheduled for October 27, 1992.

PLANNING AND DEVELOPMENT/LAWS & LEGISLATION/ORDINANCES/ZONING

Mr. Greg Stubbs, Director of Current Planning, gave a brief report of what had transpired at the last Planning and Zoning Commission Meeting which was held regarding amendments to the Comprehensive Plan and the Future Land Use Map. He stated that the Planning and Zoning Commission voted (6 to 1) for denial of the proposed Future Land Use Map and proposed policy amendments to the Comprehensive Plan. He stated that said Commission had requested staff to inform the Board that said vote was a protest vote against the Department of Community Affairs (DCA) and requested the Board

to not go forward with the map or the policy amendments, as the Commission felt that there was not enough density on the map for Lake County to prosper.

Mr. Pete Wahl, County Manager, informed the Board that what they had before them was a series of amendments to the County adopted Comprehensive Plan, which was found to be in non-compliance by DCA a year ago. He stated that those policies that need to be amended, in order to be in compliance with the deficiencies identified by DCA, will be reviewed this date, by Mr. Jake Varn, with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, in the form of a Stipulated Settlement Agreement. He stated that those policies will then need to be reflected in the Comprehensive Plan amendments along with a revised Land Use Map that would reflect the levels of density for Lake County. He stated that it would be preferential for Mr. Varn to give the Board a report on the items that he has identified, or that have been incorporated in the recommended changes for the Stipulated Settlement Agreement with DCA, and then have Mr. John Swanson, Executive Director of Planning and Development, go forward and ensure that they are part of the policy changes in the Comprehensive Plan amendment, and then address the question of the Future Land Use Map.

Mr. Varn referred to proposed Exhibit B, of the Stipulated Settlement Agreement dated August 11, 1992, from his firm, of which copies of same had been distributed to the Board prior to the start of this meeting, which he noted was the latest draft and which incorporates all changes which have been made, and requested all involved to work from said copy. He stated that said copy had been produced by working with the County staff, as a result of a number of meetings which had been held with DCA. He stated that the exhibit represents their efforts to come up with a series of remedial action which is basically amendments which will be made to the County's currently adopted Comprehensive Plan and would bring the County's plan into compliance with Chapter 163, Part II, and Chapter 9J5. He stated that due to this County having an Area of Critical State Concern, there are different units within the DCA which play a different role in the review process. He stated that the basic concepts that are in this proposal are things that they have discussed with the department, and ones which he thinks reflects the kind of guidance that they have given, in terms of resolving the differences.

Mr. Varn stated that the way he sees it, the objections fall into two categories, one being the Policies, as they relate to the Green Swamp, and the other being the Future Land Use Map. He stated that, currently, a hearing is set on the Comprehensive Plan and DCA's determination that the current plan is not in compliance, noting that said hearing is set for October 12-16, 1992. He stated that if the County were to adopt these amendments, what then becomes the issue is not whether or not the County is in compliance, but whether or not these actions that they are proposing hear the problems that DCA say exist, so it gives a whole different perspective as to where the County is, and what the County is going to a hearing about. He referred to the Future Land Use Map stating that the big issue that exists on the map is the level of development that was authorized in the original plan. He stated that the plan that is before the Board this date, labeled Exhibit A, dated July 29, 1992, represents a substantial reduction in the amount of development that could take place in Lake County. He stated that the population figures for 1990 for Lake County show 120,000 people in the unincorporated areas of the County, and the projected population for the year 2005 indicates approximately 180,000 people - a 60,000 person increase in the unincorporated areas of Lake County. He stated that the original plan, as prepared by the County, by his calculations, would have accommodated approximately 1.8 million people. He stated that the plan that is before the Board this date will accommodate approximately 400,000 people, however, felt that that is probably a little on the optimistic side. He then reviewed the Future Land

Use Map and noted various changes which needed to be made to it, noting that said map is only an approximation. He referred to a memo from him dated August 12, 1992, noting additional revisions which needed to be made to the August 11, 1992 version of Exhibit B, which he reviewed with the Board. He noted various other changes which needed to be made to Exhibit B.

Mr. Varn stated that there are 106,000 acres in the Green Swamp Area of Critical State Concern and out of that 106,000 acres, there are about 40% that fall into the wetlands category, with 60% falling into the uplands category. He stated that what they have done, which the Future Land Use Map reflects, is establish four different land use categories, being the Ridge Area, Transition Area, Rural/Conservation Area and Core/Conservation Area, which he reviewed and discussed at length with the Board. He stated that, if the County goes through this process and something is ultimately adopted, one of the things that staff will need to do is review the consistency between this document and other policies that the County has, which he noted will be a horrendous task to undertake. He stated that language has been inserted that, if there is a conflict between what is being proposed this date and what was previously adopted, this language would prevail.

At this time Commr. Bailey and Commr. Gregg pointed out errors which they felt the Future Land Use Map contained and noted changes which they felt should be made.

Further discussion occurred regarding the map.

At this time the Chairman opened the meeting to public comment.

Mr. Alton Roane, Director of Development Services for the City of Eustis, appeared before the Board stating that the City of Eustis still maintains that it has an interlocal agreement with the County pertaining to comprehensive planning, which requires that the County adopt the City of Eustis' Comprehensive Plan as a part of its plan, noting that the County has not yet done so, therefore, the City of Eustis has submitted a protest pertaining to that fact. He stated that they are also concerned about the process, to date, and requested clarification as to whether the County is amending its plan in accordance with the proposed settlement agreement, or whether it is amending the plan as one of its two committed amendments per year, to which the County Attorney responded, stating that the meeting this date is one of the two permitted, per year, in contemplation of a settlement agreement with DCA.

Mr. Roane briefly discussed the Land Planning Authority meeting and the fact that the Comprehensive Plan is required to be in ordinance form, which the County Attorney noted would be. He then referred to an area on the Future Land Use Map, for the City of Eustis, which he noted the County is showing as urban density, noting that said area is already fully developed and requested that, due to the fact that said area is already fully developed, that the urban density classification be transferred to areas that could use it, in particular, areas where there is currently facilities such as sewer and water. He then noted a couple of other changes which he felt should be made to the map and requested that they be made.

A brief discussion occurred regarding how the map was drawn up, at which time Mr. Varn answered questions from the Board regarding same.

Ms. Linda Rozar, representing Concerned Citizens of Florida, appeared before the Board stating that County taxpayers are concerned about the definition of terms, which she briefly discussed. She questioned Federal and State owned lands on the map and as to what percentage of the map they comprise, at which time a brief discussion occurred regarding same. She requested the Board to think about flexibility, as it pertains to the map.

Mr. Greg Beliveau, Land Planning Group, representing the Town of Lady Lake, appeared before the Board and distributed a map indicating changes which he requested be made to the Future Land Use Map, as it pertains to the Town of Lady Lake, at which time a brief discussion occurred regarding same.

Mr. John Hall, a resident of Sugarloaf Mountain, Clermont, appeared before the Board objecting to approximately 1,200 acres of suburban densities that have been classified on the Future Land Use Map for the Sugarloaf Mountain area. He distributed to the Board, for the record, a map indicating the area in question, which he reviewed with the Board. He then noted various things which he felt were wrong with the Comprehensive Plan and the Future Land Use Map.

Mr. Don Kemp, a resident of Sugarloaf Mountain, Clermont, appeared before the Board and read a statement regarding the County's rapid population growth, urban sprawl, increased agricultural and industrial activities in recent years, and the increased stress it is having on water resources throughout the State, noting that the Florida Legislature has adopted legislation with the intent to improve water resource management and guides for the future growth. He distributed a map from the St. Johns River Water Management District indicating prime recharge areas, for the Board's review, which he discussed.

Ms. Mary Parrish, a resident of Sugarloaf Mountain, Clermont, appeared before the Board and read a statement taken from the Florida Statutes, Chapter 187, pertaining to the State's Comprehensive Plan and its specific goals and policies regarding water resources and land uses. She urged the Board to reject the Land Use Plan Amendments until specific goals and policies which she discussed have been addressed.

Ms. Leslie Campione, Attorney representing several individuals and businesses in Lake County, appeared before the Board and distributed, for the record, a list of same. She stated that she feels the County's proposed Land Use Plan Amendment gives far too much to DCA and leaves far too little to the property owners of Lake County. She stated that she hates to see what the future holds under the plan that is being proposed this date. She indicated an area on the Future Land Use Map that she feels does not properly address commercial and industrial development - an area that she feels desperately deserves attention in Lake County, if the County is going to realize its potential. She stated that she feels the Board should encourage the use of Planned Unit Developments, Mixed Use Quality Developments, Development of Regional Impact, etc., that do not pose an impact or significant impact on existing structures and existing infrastructure, but creates a situation where people can work, live, go to school, shop, and attend church in their own community, and urged the Board, in the future, to support those types of developments in Lake County. She stated that she feels the artificial constraints that the Growth Management Act places on the buying, selling, and developing of rural property tampers with the very heart of the free enterprise system, which is private property ownership. She stated that a lot of individuals feel that their private property rights are being infringed upon, but what these individuals are requesting the Board to do infringes upon other individuals' property rights. She introduced Mr. Paul Curtis, a client of hers, to the Board and requested that he be allowed to address the Board regarding some property that he owns in the Green Swamp Area of Critical State Concern, noting that the Land Use Plan Amendment being discussed this date changes the land use designation for that area and eliminates the urban/urban expansion node which he happens to fall in.

Mr. Paul Curtis, a resident of Orlando, appeared before the Board and discussed a situation that he is faced with regarding 12 acres of land that he owns, and has owned for a quarter of a century, in the vicinity of U.S. 27 and 192. He stated that he is presently zoned commercial and requested the Board to let him keep his commercial designation on the Future Land Use Map, and reaffirm his vested rights that the Board of County Commissioners granted him in 1976. He then gave a brief history of what has transpired over the years, concerning the property. He requested the Board to take the recommendation of the Land Planning Authority to reaffirm

his vested rights, which he noted was unanimous, and that the Board redesignate his land as commercial on the map.

Ms. Annette Star Lustgarten, County Attorney, responded to Mr. Curtis' requests, stating that case law in the State of Florida provides that one cannot rely on zoning - that it is always within the discretion of the Board of County Commissioners, in the interest of the general welfare, health, and safety of residents of the County, to address zoning and change it. Therefore, the fact that a piece of property is zoned in a particular category does not necessarily mean that a person can rely on that zoning. She stated that, on the issue of vested rights, it would have to be reviewed further, to see what the basis was in 1976, when Mr. Curtis was originally vested. She stated that case law now requires substantial reliance on a formal action of the local governing body. She stated that the Planning and Zoning Commission cannot make a vested rights determination, as it is within the jurisdiction of the Board of County Commissioners.

Ms. Caroline Carter, a resident of Leesburg, appeared before the Board and addressed some of the land use policies and objectives of the Comprehensive Plan, reading a statement regarding same.

Mr. Casey Contini, a resident of Sugarloaf Mountain, Clermont, appeared before the Board and discussed private property rights, which he noted seems to be an issue with some of the large land owners in the County, and their ability to do what they please with their land. He then questioned what the Board's plan is for the future growth of the County, and what population density the County is aiming for.

Discussion occurred regarding this matter, at which time Mr. Varn stated that 400,000 people is the number that is being utilized, which he noted is a number that his staff came up with as a reasonable planning horizon for the fifteen year time frame that is being discussed. He noted that it is not an exact science and that it all depends on what the County wants to do - there is no right or wrong way of figuring it. He stated that there is specific data which has been selected, which DCA agrees with, that is reasonable data on which to base the map for Lake County.

Mr. Contini then questioned what tax base the County is aiming for, to which Mr. Varn stated that that issue was not taken into consideration when preparing the Future Land Use Map.

Discussion continued, at which time Commr. Bakich interjected that the County is going by the guidelines that DCA has set up for the County.

Mr. Mike Cronin, a resident of Sugarloaf Mountain, Clermont, appeared before the Board and read a statement regarding the legal basis of the County's Comprehensive Plan. He then noted several issues which he felt had not been properly addressed and urged the Board to deny the Comprehensive Plan, due to said fact.

Ms. Lisa Rutzebeck, a resident of Clermont, appeared before the Board stating that she is concerned about the quality of her family's lifestyle and the environment. She requested the Board to deny the Future Land Use Map, noting that she felt the County had made a fair compromise in the original map that was presented to DCA, that the County is now fighting for, and that the County should continue in that manner. She discussed private property rights and the need for landowners to fight for them.

Mr. Harold "Butch" Daugherty, a resident of Ferndale, appeared before the Board and distributed several aerial maps of his property, which is in the proximity of Sugarloaf Mountain, and discussed various changes to his property, as well as to surrounding properties, over the past few years due to an increase in density, noting concerns he had about the matter. He feels the Board should hold more meetings concerning what they plan to do in the Sugarloaf Mountain area, so that the residents can be informed, noting that they might be behind what the County has planned for that area, rather than against it.

Ms. Cecelia Bonifay, Attorney representing several property owners and individuals who have business interests in Lake County,

appeared before the Board and submitted a list of same, for the record. She stated that she also represents a number of clients who are interveners (who have had to pay somebody to participate in the process for them). She stated that the Comprehensive Plan has been a lengthy process and one that she has been involved with for several years. She stated that she felt the population issue is a "red herring" which has been an issue for political purposes, in that the negotiations have not been with Lake County and the interveners, but between Lake County and DCA, noting that as the County has progressed, it has been getting feedback from DCA as to the way in which the County should move. She stated that, on behalf of her clients, they do not like the Future Land Use Map before the Board this date, as they feel that it is too restrictive, and that it goes too far in giving the State what they want, as opposed to giving the County flexibility and freedom. She noted that she is aware of the fact that the Board has been dealing with this matter for two years and that they are trying to grapple with a very difficult issue. She stated that she is concerned about proposed Exhibit B, or the text amendments which she feels are very stringent, and that she is concerned that they are going too far.

Ms. Bonifay stated that individuals who appeared before the Board this date had repeatedly read to the Board what is in the existing Comprehensive Plan, and that the whole purpose of the meeting this date is to discuss amendments, therefore, felt that the information supplied by those individuals was irrelevant to this meeting. She discussed land use classifications in the Ferndale/Montverde area and the fact that said area is in transition, and how the Board is dealing with it, noting that there are a number of very stringent requirements in the proposed text amendments which she feels is going to deter a lot of new development in those areas. She stated that the map which was distributed to the Board as being adopted by the St. Johns River Water Management District, is a misrepresentation of that document, as it has never been adopted by the governing board of the St. Johns River Water Management District, nor is it the basis of any policy, rule, or statute, and has no official recognition. She noted that said map is marked "Draft" and this is the reason that it was not entered into evidence at the prior hearing. She then discussed the issue of vesting, and one's private property rights, noting how she felt about same. She stated that, for the Board to say they are going to allow unbridled growth and development is an absolute misrepresentation of the data that constitutes the Future Land Use Map, the text amendments, and everything that has been done this date.

Mr. Claude Smoak, a former county commissioner and resident of the Green Swamp, appeared before the Board stating how the planning process has affected the residents of the County, turning neighbor against neighbor and friends against friends. He stated that he does not like the amendments to the Comprehensive Plan, in a lot of ways, nor do a lot of other people. He then referred to several sections of the Comprehensive Plan, which he discussed at length, noting how certain changes which are proposed to be made are going to affect property owners in the County, and requested that further changes be made. He then briefly discussed the issue of endangered species, as it pertains to the Comprehensive Plan, at which time he distributed a copy of a magazine article regarding gopher tortoises and how they live, reproduce, relocation efforts, their future, etc., for the Board's review. He then distributed a letter from Dr. Sam Upchurch, from the University of South Florida, regarding septic tanks, which he reviewed with the Board, noting that most of the restrictive septic tank language in the Comprehensive Plan came directly from Dr. Upchurch. He stated that Dr. Upchurch states there is no data to support his language, yet the County has included said language in the Comprehensive Plan, which he noted is going to cost homeowners approximately $2,500.00 to $3,000.00.

Mr. Roland Reed, a local attorney and property owner in Lake County, appeared before the Board stating that he was representing

the Lake County Conservation Council and several individuals, whose names he noted, for the record. He stated that Exhibit B, and draft Exhibits B-1 and B-2 individually, and collectively, do not constitute compliance with the laws of the State of Florida and need significant further improvement.

Mr. Steve Richey, Attorney representing several individuals, corporations, and entities in Lake County, with regard to the Land Use Plan Amendments, amendments to the Comprehensive Plan, and the 1992 Future Land Use Map appeared before the Board and submitted a list of same, for the record. He stated that the Future Land Use Map that is being proposed takes away land use, therefore values, and undermines the financial ability of people to preserve and use their land in a reasonable way. He requested the Board to free Lake County from the arbitrary, capricious, and suppressive acts of the government in Tallahassee, that is not responsive to this County. He stated that the government that is responsive to the residents of Lake County is local government - the Board of County Commissioners - and that is the government the people of the County want making the decisions. He stated that the people of this County want to be freed from the bureaucracy in Tallahassee.

At this time the Chairman closed the public comment portion of this meeting.

Mr. Wahl, County Manager, suggested that the Board table this issue until the Board Meeting scheduled for August 25, 1992, and that they authorize Mr. Varn to go forward and initiate such action as may be required to seek a continuance of the Administrative Hearing from the October 12, 1992 deadline, which he noted would give Mr. Varn permission to act, at such time as he needs to do so. Mr. Varn stated it seemed to him that the vast majority of the people heard this date were specifically concerned about the Sugarloaf Mountain proposal that was withdrawn, and advised them that there is more to the Lake County Comprehensive Plan than the Future Land Use Map, noting that what they had failed to do was read the policies that should have been taken into account, in connection with the map. He stated that the policies answer the concerns that were expressed by those individuals and suggested that they read them. He further stated that all the concerns noted this date would be addressed before the end of the week and circulated to those involved.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved that this public hearing, concerning Amendments to the Comprehensive Plan and the Future Land Use Map, be continued until the Board Meeting of August 25, 1992, at

10:30 a.m.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board authorized Mr. Jake Varn, with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler (firm representing the County regarding the Comprehensive Plan), in Tallahassee, to seek a continuance of the Administrative Hearing set for October 12, 1992, concerning the Comprehensive Plan and the Future Land Use Map.

Commr. Swartz voted "No".

PROPERTY APPRAISER

The dates of September 30, 1992 and October 1, 1992 were set for the Value Adjustment Board, and it was noted that Commrs. Gregg, Hanson, and Bakich would serve on said board.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 1:00 p.m.

_____________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:





_________________________________

JAMES C. WATKINS, CLERK



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