SPECIAL LAKE COUNTY VALUE ADJUSTMENT BOARD MEETING

DECEMBER 15, 1992

The Lake County Value Adjustment Board met in special session on Tuesday, December 15, 1992, at 8:55 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Don Bailey and Catherine Hanson. School Board members present were: Sandra Green. Others present were: Annette Star Lustgarten, County Attorney; Ed Havill, Lake County Property Appraiser; and Sandra Carter, Deputy Clerk.

Commr. Bailey, acting as Chairman, opened the meeting.

MINUTES

On a motion by Commr. Hanson, seconded by Ms. Green and carried unanimously, the Board approved the Minutes of September 30, 1992, as presented.

Regarding the Minutes of October 1, 1992, Commr. Hanson requested that an amendment be made to the wording contained on Page 20, Line 17, concerning a request for approval of a military and homestead exemption.

On a motion by Commr. Hanson, seconded by Ms. Green and carried unanimously, the Board approved the Minutes of October 1, 1992, as amended.

On a motion by Commr. Hanson, seconded by Ms. Green and carried unanimously, the Board approved the Minutes of October 6, 1992, as presented.

On a motion by Commr. Hanson, seconded by Ms. Green and carried unanimously, the Board approved the Minutes of October 14, 1992, as presented.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:05 a.m.

________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:



__________________________________

JAMES C. WATKINS, CLERK

sec/12-15-92/12-15-92/vab







A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 15, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, December 15, 1992, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Chairman; Catherine Hanson, Vice-Chairman; Don Bailey; Rhonda H. Gerber; and Welton G. Cadwell. 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, Finance Director; and Toni M. Riggs, Deputy Clerk.

Pastor Jerry Alles, Union Congregational Church, Tavares, gave the Invocation and led the Pledge of Allegiance.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

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.



Bonds - Contractor



Cancellations



97-03 J. E. Patterson

1705-92 Michael L. Fisher

3046-92 Azad Merian d/b/a Cardinal Construction

4157-92 W. Stephen Nave

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

5111-92 Timothy T. Sullivan



New



165-93 Harvey L. Spears (General)

1682-93 James R. Makin (Masonry Contractor)

1731-93 Martin G. Boyd (Carpentry)

4635-93 Robert A. Hollins d/b/a Central Air Repair Company





Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending November 20, 1992, in the amount of $85,123.03. Same period last year: $105,473.45.



Audits/Ambulances-Hospital Districts



Request to approve the North Lake County Hospital District's financial audit for the year ended September 30, 1992.



PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 689 - Angelo J. Adriano, Jr. - Sorrento Area

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss the request. Mr. Stivender stated that the request had been postponed 90 days, so that the property owner to the north and south could develop an agreement. There was a problem concerning a well located in the upper half of the closed right-of-way, which was the well owned by the property owner to the south. He further stated that the Smiths, property owners to the west, had access on the north boundary of the subdivision, which is a 15 foot easement, and they have an interest in retaining some type of right-of-way in this area. At this time, Mr. Stivender discussed the several proposals that had been presented. It was noted that the Smiths do not have any objection to the closing, if they can retain an easement. Mr. Stivender stated that a road closing does not solve the well issue by itself, unless there is an adjustment in the property lines. He then explained the reasons why the problems have not been resolved.

Mr. Stivender stated that two (2) letters have been received in opposition to the request.

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

Mr. Angelo Adriano, applicant, appeared before the Board, and stated that he has had the well moved back onto his property, and that this is no longer an issue.

Mr. Stivender stated that the Smiths have an alternate access on the north side. They want to reserve some type of easement for their ingress and egress, and it does not need to be made a public

easement. Mr. Stivender further stated that part of the argument with the adjacent owners was with the Gatwicks and their encroachment on the existing easements. The area to the north was going to be reserved for drainage only, with the County halting the project, in order to resolve problems that occurred, and that is when the additional right-of-way was granted on the north side. Interest has been shown by the developer to purchase property on the other side of the Smiths, along with the Smith's property, to extend the development.

Mr. Adriano stated that he had a letter from Mr. Gerald Sorce, Lot 11, who also objects to the vacation being requested.

Discussion occurred regarding the easement coming off of County Road 46A, with Mr. Stivender stating that there is a question as to the legal access.

Mr. Adriano explained his reasons for purchasing the property, and his concern for the value of his property.

Ms. Annette Star Lustgarten, County Attorney, stated that the only way to have a private easement is if either of the two property owners would grant a private easement, once the vacation was effective, and which would support the right-of-way.

Mr. Stivender stated that there is a question of dedicated legal access versus prescriptive access. The Smiths have a prescriptive access.

Commr. Swartz stated that the Board's position has been that when these have been neighborhood streets, the Board has either closed them, or not allowed access. He discussed postponing the request, with Mr. Stivender stating that he would contact the Smiths and discuss the issue.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for Vacation Petition No. 689, by Angelo J. Adriano, Jr., to vacate road, Gatwick Subdivision, PB 29, Pgs. 65 & 66, Sec. 17, Twp. 19, Rge. 28, Sorrento Area, for 30 days, until January 26, 1993.



PETITION NO. 690 - Rodney Adams - Lake Jem Area

Mr. Jim Stivender, Director of Public Services, presented the request to the Board.

No one present wished to speak in opposition to the request. It was noted that the applicant was present in the audience.

Mr. Stivender stated that staff has verified that the gate has been removed.

Mr. Steve Adams, applicant, appeared before the Board and presented to the Board maps with the location of additional fence along the right-of-way that needs to be removed.

Commr. Swartz stated that, if there is an obstruction in the right-of-way, staff will deal with this.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board denied Vacation Petition No. 690, by Rodney Adams, to vacate road, Lake Jem Villa, PB 5, Pg. 4, Sec. 13, Twp. 20, Rge. 26, Lake Jem Area.

PETITION NO. 697 - Mitrodora Koenen - Clermont Area

Mr. Jim Stivender, Director of Public Services, presented the request to the Board. He stated that he had received several letters in opposition to the request, primarily due to the lake access. Mr. Stivender stated that there were 10 letter in opposition from property owners in the area who want legal access to the lake, and five (5) or six (6) letters in favor of the request, and are homeowners on the lake that do not want the legal access.

Ms. Mitrodora Koenen, applicant, appeared before the Board to discuss the request. She stated that she would like the easement closed, because she would like to have the privacy between the lots and for security purposes. Ms. Koenen stated that there is a nesting ground on the island in the middle of the lake, and the lake is mostly wetlands and cannot be used for boating. She discussed the garbage problem around the lake, and stated that this is only one-half of an easement (12 feet), and there is only a tree line that goes down to the lake. Ms. Koenen stated that she has a fence down the side of her property to stop people from turning around on her property.

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

Discussion occurred regarding other 24 foot easements on the north side of the property.

Commr. Bailey stated that, unless the County, or someone else, was going to maintain the property, and provide the necessary right-of-way, he did not feel there was a need to keep the easement open.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Vacation Petition No. 697, by Mitrodora Koenen, to vacate easement, Map of Groveland Farms, Sec. 24, Twp. 23, Rge. 25, Clermont Area, as advertised.

PETITION NO. 698 - Calvin C. Lee - Mascotte Area

Mr. Jim Stivender, Director of Public Services, presented the request to the Board. He stated that the request was postponed last month, due to the fact that the plat was not completed. Mr. Stivender stated that the plat is now ready, and an easement also needs to be granted.

It was noted that the applicant was present in the audience. No one present wished to speak in opposition to the request.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the request to approve the plat was Tab 5 on the County Manager's Consent Agenda. She stated that the Board needed to vote on the vacation, and then the plat acceptance.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Vacation Petition No. 698, by Calvin C. Lee, to vacate easement, Sec. 22, Twp. 21, Rge. 24, Mascotte Area, as advertised.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the final plat of Allenwood Subdivision; acceptance of an Irrevocable Letter of Credit, in the amount of $5,673.20, for maintenance; and acceptance of the following roads in to the County maintenance systems: Indigo Road (2-2310) and McKenzie Road (2-2310A). The motion included the acceptance of the non-exclusive easement deed.

PETITION NO. 699 - Flora Adkison - Yalaha Area

Mr. Jim Stivender, Director of Public Services, presented the request to the Board.

Mr. Mort Aulls, Attorney representing the applicant, was present to discuss the request.

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

On a motion by Commr. Gerber, seconded by Commr. Cadwell, and carried unanimously, the Board approved Vacation Petition No. 699, by Flora Adkison, represented by Mr. Morton Aulls, to vacate street, unrecorded plat of Bloomfield, Sec. 21, Twp. 20, Rge. 25, Yalaha Area, as advertised.

PETITION NO. 700 - George Graham - Umatilla Nearest Town

Mr. Jim Stivender, Director of Public Services, presented the request to the Board.

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

Not one present wished to speak in opposition to the request.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved Vacation Petition No. 700, by George Graham, to vacate plat (Lake Yale Cove), Plat Book 29, Page 34, Sec. 11 & 14, Twp. 18, Rge. 25, Nearest town: Umatilla, as advertised.

PETITION NO. 701 - Dale Kopplin - Eustis Area

Mr. Jim Stivender, Director of Public Services, presented the request to the Board. Mr. Stivender stated that the petitioner is not interested in retaining a drainage easement on this portion of the property. This is a request to close the north portion of the north one-half of the right-of-way, with conforms to a previous closing. He stated that there is opposition to the request. It was noted that this is the last portion of an easement to be closed on this street.

Mr. Dale Kopplin, applicant, appeared before the Board and explained that he has requested the closing of the easement, due to

a complaint that was filed with the Code Enforcement Department. He stated that he has removed part of the trees that he had planted in the easement.

Ms. Betty Jo Natske, Eichelberger Estates, appeared before the Board and stated that she opposes the request to close the easement, which is the north side of North Side Drive. She stated that this is the rear yard of Mr. Kopplin in Lake Joanna Estates, and it is the front yard of her home on North Side Drive, which is a dirt road and is maintained only by her. She further stated that the part of the easement, that Mr. Kopplin is requesting to vacate, is connecting the road to North Side Drive, and the 25 feet is needed for a retention pond. At this time, she explained the water drainage that occurs and runs down onto North Side Drive. She stated her concerns for keeping the lake drinking water pure, and if the residents lose the land for a retention pond, the road will be washed out, and run into the lake. Ms. Natske stated that the easement was dedicated for future improvement and assessment on North Side Drive. She further stated that the residents cannot get County maintained roads, because of the number of people. Ms. Natske stated that she was of the understanding that Mr. Kopplin was going to place a six (6) foot stockade fence, which she feels will make it very hazardous for the traffic on the curve of the road. She then discussed the problem with the garbage trucks not having adequate room on the road to collect garbage.

Mr. Stivender stated that the County tilted the road to the north, and, at this time, he discussed the conditions of the area. He further discussed a special assessment and how a road would be designed. He stated that the County is getting ready to widen Abrams Road 24 feet, with additional swail work being done.

Mr. Stivender discussed the location of the utility pole, and the relocating of the pole, if a special assessment was approved.

Commr. Gerber discussed notification of such issues to all parties that would be affected. She then discussed the intentions

of Mr. Kopplin, as to the fence he would be placing on his property.

Mr. Kopplin stated that he will be placing a hedge, not a fence. He then discussed the utility pole, and the water retention in this area, and stated that there was plenty of room on the road for garbage pickup.

Commr. Hanson made a motion, which was seconded by Commr. Bailey, to extend the easement, and approve Vacation No. 701, by Dale Kopplin, to vacate portion of easement, Lake Joanna Estates, Sec. 18, Twp. 19, Rge. 27, Eustis Area, as advertised. Commr. Hanson further requested that Mr. Stivender work with the issue involving the utility pole.

Under discussion, Commr. Swartz discussed the sloping of the road, and discussed the permitting that is required for stormwater management, and questioned whether, at the time of an approved special assessment, the County can assure that there would be no requirements for additional swails that could handle stormwater in that area.

Mr. Stivender stated that, with the current requirements, the County could meet the stormwater requirements, but, in the future, the permitting requirements could change and he could not guarantee this in the future.

Commr. Swartz discussed the County retaining a drainage easement for a swail.

Commr. Hanson amended her motion to include that the County retain drainage easement rights. Commr. Bailey amended his second to the motion.

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

PETITION NO. 702 - Robert Fischer - Leesburg Area

Mr. Jim Stivender, Director of Public Services, presented the request to the Board.

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

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

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Vacation Petition No. 702, by Robert Fischer, to vacate drainage easement, Quail Pointe at Silver Lake, Sec. 14, Twp. 19, Rge. 25, Leesburg Area, as advertised.

RECESS & REASSEMBLY

At 10:05 a.m., the Chairman announced that the Board would recess for ten (10) minutes, and reconvene at 10:15 a.m. for the rezoning hearings, in order that those wishing to present testimony sign up with staff.

ZONING

Ms. Annette Star Lustgarten, County Attorney, presented introductory comments regarding the County's Comprehensive Plan. Ms. Lustgarten stated that the County's Comprehensive Plan was adopted on July 9, 1991, which is the effective and adopted plan for Lake County. The County transmitted a proposed plan amendment, in August, 1992, which is not an adopted amendment. The County received the response from the Department of Community Affairs (DCA), and the County has 60 days in which to respond to the amendment. An amendment was adopted on November 3, 1992, pursuant to the statutory procedures that apply to implementing a Settlement Stipulation. On this day, the Stipulated Settlement Agreement was approved, and the amendment implementing it was approved as well. The DCA did not sign the Stipulated Settlement Agreement based on the law in the State of Florida, which is a strict construction as far as statutory procedures are concerned. The fact that the procedure followed by the County on November 3, 1992, was pursuant to a statutory provision that was not complied with, that particular amendment is not effective at this time. Thus, the applicable Comprehensive Plan applicable in Lake County at this time is the July 9, 1991, Plan. The applicants that come through the process are made aware that the County is going through the first amendment process, and a rezoning approved today, which is

consistent with the adopted Plan, does not vest any property owner, as far as the zoning is concerned.

Ms. Lustgarten spoke specifically to the Green Swamp. She stated that the Comprehensive Plan that applies in the Green Swamp is the prior Comprehensive Plan, which was amended in 1985 to specifically address the Green Swamp. In order for the Comprehensive Plan to apply in the Green Swamp, DCA is required by Statute to adopt and approve the Comprehensive Plan by rule, which goes into the Florida Administrative Code. Until such time DCA approves a Comprehensive Plan Amendment that the County adopts for the Green Swamp, the prior Green Swamp portion of the Comprehensive Plan applies. She stated that the County has been through the Administrative Hearing process on one particular development in the Green Swamp. The Administrative Hearing Officer, as confirmed by the Cabinet and the Secretary of the Department of Community Affairs, has determined that, at this time, the permitted density in the Green Swamp is one (1) unit per five (5) acres, and the County is complying with that Administrative Hearing determination.

Ms. Lustgarten stated that she feels that anything that is approved in the Green Swamp for less than one (1) to five (5) acres will be appealed by DCA, because they have done this consistently, and that has been the policy that they have followed in relation to any development in the Green Swamp.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, appeared before the Board and stated that staff is recommending a 30 day postponement on Tabs 1-3, Case #51-92,2, Pine Island Lake Grove; Case #55-92-2, James Hanson; and Case #61-92-2, Gary Johnson and Arvid Johnson, Sr., because they would not be consistent with the 1985 Comprehensive Plan.

Discussion occurred regarding the number of days to postpone the requests, with Ms. Lustgarten stating that the County is in the process of ongoing negotiations with DCA, and are hoping to bring to the Board a Stipulated Settlement Agreement in January, 1993, for approval, and to get DCA's signature on it, and to immediately

bring to the Board an amendment to the Comprehensive Plan to implement the Settlement Agreement. She indicated that, if all of this takes place before the time indicated for postponement, the cases can be expedited, and moved to an earlier date.

No one present wished to comment on Tabs 1 through 3, as presented by Mr. Stubbs for postponement.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the following cases for 90 days, until March 23, 1993, and should the amendment to the Comprehensive Plan be in place before this time, the cases will come back to the Board at an earlier date:

#51-92-2 Pine Island Lake Grove

#55-92-2 James Hanson

#61-92-2 Gary Johnson & Arvid Johnson, Sr.



PETITION #65-92-3 A to PUD William Schroeder/St. John

Reserve - PUD

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the request to the Board. He stated that the applicant has requested a postponement. He further stated that this issue is also affected by the Land Use Map, although it is not located in the swamp. Mr. Stubbs stated that the current map may affect this case as those just postponed, and the Board may want to take the same action.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board and discussed the 90 day continuance to accommodate the scheduling, and stated that it is his understanding that, if in fact, the Stipulated Settlement Agreement is entered into prior to this time, the request will be brought back before the Board before the 90 day period.

Ms. Annette Star Lustgarten, County Attorney, stated that the amendment would be initiated to implement the Stipulated Settlement Agreement, and that it has to go to the Local Planning Agency (LPA), and then come back to the Board, and the time can be shortened, because it only involves a seven (7) day advertising period to bring it back to the Board.

Mr. Richey discussed the 90 day postponement versus the 60 day postponement, in regards to the readvertising and going through the entire process of notification. He further stated for the record his concern with regard to the readvertising and notices, and the timetable, with regards to grants being pursued by his client.

He further requested that staff be notified to advertise the issue as early as possible, once all of the necessary documentation is in place.

No one present wished to speak on this issue.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a 90 day postponement, until March 23, 1993, for the request for rezoning from A (Agricultural) to PUD (Planned Unit Development) and variance of Section 9.04.03(3) of LDR, for the construction of manufactured homes, commercial site, lodge, clubhouse/restaurant, recreational amenities and utilities.

PETITION #68-92-4 RP to R-1 Shelby C. McLendon

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, informed the Board that the applicant is requesting that this case with withdrawn.

No one present wished to speak on this issue.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the request for withdrawal for the rezoning from RP (Residential Professional) to R-1 (Rural Residential), for limited agricultural uses (future plant nursery).

REZONING

Staff members, Mr. Greg Stubbs, Mr. Don Griffey, Mr. Jim Barker, and Ms. Anne Weekes, were administered the oath by the Deputy Clerk.

At this time, Ms. Annette Star Lustgarten, County Attorney, explained that the rezoning hearings are considered as quasi-judicial hearings, pursuant to Florida case law, and she explained the process for testimony.



PETITION #53-92-3 R-1 to RP William B. Joy

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board, and stated that staff recommended approval of a CP (Planned Commercial) zoning. Mr. Stubbs stated that RP (Residential Professional) was denied based upon the fact that staff had no way of conditioning the buffering of the proposed medical office adjacent to existing residential homes within the residential subdivision. Staff has received a considerable amount of input from the abutting residential neighborhood indicating specific concerns about the medical facility going in adjacent to their homes, and this setting a case precedent for other commercial businesses. He stated that one major concern of staff was that, on US Highway 441, there is a definite concurrency problem with respect to this roadway. Staff will be meeting with all affected parties to try and reach an agreement, or a traffic study will need to be done on US Highway 441, with respect to opening up these properties for construction and/or permitting. He stated that staff has a problem with approving the rezoning, because of the concurrency problem, and even if the request is approved, the application is premature. At this time, Mr. Stubbs handed out to the Board members copies of approximately 240 letters and petitions in opposition to the request.

Mr. Jack Prickett, representing the applicant, appeared before the Board and was administered the oath by the Deputy Clerk.

Mr. Prickett stated that staff has placed conditions that will be helpful to the neighborhood, as well as to the project. He discussed the proposal for the medical office complex, and stated that there are three (3) possibilities for the property: (1) it can remain vacant; (2) a medical office can be approved; or (3) two (2) homes could be built on the site. He discussed the location of the property in relation to US Highway 441. Mr. Prickett reserved the right to speak again after hearing the opposition.

At this time, Commr. Swartz requested that all parties, that were present to give testimony, be administered the oath. The oath was administered by the Deputy Clerk.

Ms. Portia Hall appeared before the Board in opposition to the request. She stated that the map before the Board is deceiving, as to the location of the property being discussed.

Mr. Stubbs clarified the map and the location of the property, and stated that a new map has been placed on a graphic for the Board's review.

Ms. Hall stated that all of the houses on Margaret Drive are residential, and back up to the abandoned right-of-way.

Mr. Lloyd Kernan, resident of River II Subdivision, appeared before the Board and stated that he is a property owner who feels he would be adversely impacted by the opposed rezoning. He stated that he has lived on Bay Street since 1967, and that he is speaking for 261 people in the neighborhood, who signed a petition, in opposition to the request. He discussed the two lots, and the proposed rezoning to bring a commercial enterprise into an established neighborhood, which has been zoned single-family residential for over 30 years. He stated that the neighborhood consists of five (5) residential neighborhoods located between Highway 441 and Dead River and Lake Harris. They contain approximately 200 homes located on 15 streets, most of which are dead ended by water, and are serviced by a single outlet to US Highway 441 located at the end of Blue Gill Drive. He stated that Harris Road and Shellcracker Drive, which are very narrow, provide the only access to the exit for four (4) of the subdivisions. He discussed the turn from Harris Road to Shellcracker Drive, and stated that the owner of the property inside this turn has constructed a barricade to protect his property. Mr. Kernan stated that none of the roads have sidewalks, with children using the roads to get to and from the bus stops. He stated that there will be additional commercial traffic, if this request is approved. He then discussed the plans by Rails to Trails for the abandoned

railroad right-of-way. He also discussed the plans for the construction of the medical building, which will allow parking for 31 cars. Mr. Kernan discussed the drainage runoff basin, and space for a dumpster, which he feels will blemish the neighborhood. Mr. Kernan stated that the area is presently zoned for residential and should remain so. The nearest commercial property on the south side of US Highway 441 is the Blood Bank, which is one-half mile to the west. Once the zoning change is permitted, the new zoning goes with the property, if it is sold. Mr. Kernan stated that in January, 1988, a request was made for a day care center on a plot of land located approximately 100 feet east of the site in question, and the request was denied. He further discussed the recent construction of homes, and their location to the proposed complex, and issues that were brought out at the Planning and Zoning Commission, including the concurrency tests that determined the level of service on US Highway 441. Since the meeting, the residents have proved to County staff that the diagrams, on which they based their decisions to approve the request, were grossly in error, in that they did not reflect major road and access changes made at the US Highway 441 and CR 473 intersection about two (2) years ago. He discussed other areas of property that would be more appropriate for such a request.

Mr. Leonard Hall appeared before the Board and introduced Mr. Earl Kelly as a speaker in his behalf.

Mr. Earl Kelly appeared before the Board in opposition to the request. Mr. Kelly stated that this is property set back from US Highway 441, and it is residential. He presented the following reasons for the Board not to approve the request: safety - the impact of traffic; disposal of waste (medical); environment - the oak trees; future development of a commercial strip along the front of the subdivision; and to preserve a well kept desirable atmosphere. Mr. Kelly stated that this rezoning appears to be unnecessary with the large number of commercial sites available

elsewhere. He urged the Board to oppose the request and support the people in the neighborhood.

Ms. Mary Louise King appeared before the Board in opposition to the request. She presented the Board members with a clearer map for review, and clarified that the old railroad right-of-way does place a barrier between the residents and US Highway 441, and the commercial district across the highway. She stated that, when she bought her lot, she was assured that this was strictly residential, and zoned for conventional one-family homes. She discussed information she had gathered through research pertaining to the lots that were left off of the plat, one of which is currently zoned commercial, but may not be large enough to have anything commercial, because of the current restrictions. She then discussed the request made for the day care center, which was defeated, but stated that the same individual owns the lot, and is contemplating future commercial development. Ms. King discussed the current overload of traffic on Shellcracker Drive. She further informed the Board that the owners of lots four (4) and five (5) did not sign a petition against the rezoning, because they may be able to sell their property later for more money as commercial development.

Mr. Stubbs stated that staff is aware that, on the deed restrictions of the subdivision, the one lot was left off and was not included for residential purposes, and it was designated for commercial purposes, but it has never been rezoned for commercial.

Mr. Prickett stated that the neighbors, and he and his applicant differ as to what the property should be used for, but that he is pleased with the working relationship that has been accomplished between all involved. Mr. Prickett stated that, when the Planning and Zoning Commission approved the request 8-1, there was no confusion as to the map. The request was approved on the site plan, which was part of the petition, which indicates the access and the configuration of the lots. Mr. Prickett stated that he and the applicant agree to the staff recommendations, including

the birming and screening, and the setbacks. He clarified that, on the last map presented to the Board, Lots 1 and 2 are designated as Lots 78 and 79 on the plat, and on the site plan. He then discussed the original deed restrictions dated March 27, 1957. He stated that Lot 78 is designated as a non-residential use, any commercial use, but no industrial use. He feels that a medical office is a good transition.

There being no further public comment, the Chairman closed the public hearing portion of the meeting.

Commr. Swartz stated that he has reviewed the Comprehensive Plan and, while the Plan would allow for commercial development in urban areas, it has been his position with the old Plan, with all of the drafts of proposed plans, and ultimately with the plan that the County ends up with, that the County identify those areas where commercial development should go; that it makes sure consideration is given to the traffic; and that the County does not inter-mix residential the way that this would be. He felt that the traffic concerns are valid. Commr. Swartz stated that this would be placing a commercial zoning in what has been traditionally a residential neighborhood. Therefore, he was recommending denial of the rezoning, based on the issues of safety, traffic considerations, and commercial intrusion into a residential area.

Commr. Bailey discussed the issue of compatibility in an existing community, and stated that he had opposed the day care center in 1988, for the same reasons being expressed today. He further stated that, to be consistent, he would oppose this request.

At this time, the site plan for this case was submitted into evidence as County Exhibit 1, to be kept on file in the Clerical Support Division of the Clerk's Office.

Commr. Hanson expressed her concerns with the CP zoning; the access, because of the problem with the traffic and commercial use; the integrity of the neighborhood; and her support for the mixed uses, because the County is encouraging mixed uses in the new

developments, which allow residential and light commercial uses in the same area. She stated that there is a railroad right-of-way that serves as a buffer between residential and commercial uses, and that she will stand as opposed to the request.

Commr. Bailey discussed the mixed feelings that he and Commr. Hanson share on this issue, and stated that usually there are mixed uses in a PUD (Planned Unit Development).

Commr. Hanson stated that, if this request had actually had access onto US Highway 441, it would have been a different situation, and Commr. Bailey stated that he would have also reconsidered the issue for this reason.

Commr. Cadwell discussed the community and its access, and stated that he is concerned with the concurrency.

Mr. Stubbs stated that staff did feel that this request was premature, because staff did not have the results of the concurrency tests at the Planning and Zoning Commission meeting.

Commr. Swartz clarified that he did support mixed uses, but in a way that it is designed early. He stated that he feels this is a clear example of where this is not designed for a mixed use.

Commr. Gerber encouraged the applicant to pursue other property that would be more favorable for this type of commercial zoning.

Commr. Swartz encouraged the owner of the property to try and place some type of landscaping to provide buffering, and to make the property useable and acceptable in the community.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied the request for rezoning from R-1 (Rural Residential) to RP (Residential Professional), for the construction of a medical office complex.

PETITION #66-92-2 A to R-1 James M. Bragg, Jr.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board. Mr. Stubbs informed the Board that this case was originally postponed based upon the fact that staff felt this was in the Green Swamp area of critical State concern, but this property is not in the Green Swamp, after his review of the United States Geological Survey (USGS) map.

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

Commr. Swartz stated that, as the concurrency requirements are reviewed, staff needs to keep checking with the cities to see if they have water and sewer services available in the area.

Mr. Gerald Reisinger, Groveland, representing the applicant, appeared before the Board and presented a map and proposal of the project for review.

Commr. Swartz stated that, if the cities have water/sewer service available, the ordinance requires that the applicant connect within specified distances.

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), for the development of two (2) single-family residences, and including the dedication of additional right-of-way to provide 33 feet from the centerline of Mt. Pleasant Road, as recommended by staff.

PETITION CUP#92/11/1-4 CUP in LM Ramon & Sue

Stranger-Thorsen

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board.

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

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

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for CUP in LM (Light Manufacturing), for the placement of a mobile home for a caretakers' residence, and including the dedication of additional right-of-way to provide 50 feet from the centerline of State Road 46, as recommended by staff.



PETITION #73-92-3 A to R-4 Val Coursey Homes, Inc.

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board.

Commr. Swartz requested that the applicant be made aware of the changes being made to the Affordable Housing requirements, and also, when the request goes through the Technical Review Committee (TRC), the city utilities are made available, and the concurrency requirements are considered for waste water availability.

Mr. Stubbs stated that the applicant wants to hook up to city water, but the sewer line is not available at this time.

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

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

On a motion by Commr. Hanson, seconded by Commr. 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-4 (Medium Suburban Residential District), for the construction of single-family residences.

PETITION #75-92-2 RM & A to MP J. O. & Huland L. Gentry

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board, and stated that he met with Ms. Annette Star Lustgarten, County Attorney, who has interpreted that only the portion of the parcel adjacent to the employment center could be rezoned to R-4 (Medium Suburban Residential District) without a Comprehensive Land Use Amendment. She further indicated that the other portion of the property would have to undergo a Land Plan Amendment.

Ms. Lustgarten directed the Board's attention to Page 6 of the backup material, Policy 1-4.4: Employment Centers and Commercial Activity Centers, which addresses employment centers which are industrial land use designation. She referred to the section which states: "Rezonings of land immediately adjacent to an existing employment center shall be allowed without a comprehensive plan amendment so long as the density and intensity does not exceed that of the adjacent employment center." Ms. Lustgarten stated that it was her understanding that the Comprehensive Plan only reflects the MP property.

Commr. Swartz questioned whether the Board could rezone the portion that is clearly adjacent to MP zoning, and conditionally rezone the other portion to MP zoning, with a Land Use Plan Amendment that would be submitted at the first amendment hearing on the Comprehensive Plan. Ms. Lustgarten stated that the Board could not rezone prior to a land use plan amendment being approved. Ms. Lustgarten stated that the Board needs to know exactly what is reflected on the map as the employment center. She explained that there is a portion of the parcel that reflects an employment center, and there is an adjacent parcel that has existing industrial zoning, which permits that particular zoning.

No one present wished to speak on this issue.

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 RM (Mobile Home Residential) & A (Agricultural) to MP (Planned Industrial) with M-1 (Heavy Industrial) uses, for future planned industrial uses, and including the dedication of additional right-of-way to provide 33 feet from the centerline of Haywood Worm Farm Road, as recommended by staff.

PETITION #77-92-2 R-1-15 to R-8 Sandra Richard

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board. Mr. Stubbs stated that Mr. Paul Gagnon, the adjacent property owner, wrote a letter in support of the request, and a letter of concern has been received from the Hawthorne community, sent by Mr. Dan Gorden, General Manager. Basically the concerns involve the septic systems adjacent to his development.

Ms. Bonnie Roof, representing the applicant, appeared before the Board, and the Deputy Clerk administered the oath. Ms. Roof addressed the issue of the septic tanks and stated that currently a central sewer system is not available, and it is not possible for the applicant to hook up to the City of Leesburg at this time, but future development will allow her to do so within a year.

Mr. Dan Gorden, General Manager, Hawthorne, appeared before the Board, and the Deputy Clerk administered the oath. Mr. Gorden stressed that he was not opposed to the rezoning, but he was concerned with the central sewage being available to the applicant, and feels that this development should connect, just as Regency Park, for the sake of the environment.

Ms. Roof stated that the lots created will be approximately 1/2 acre lots, and the applicant will be meeting all setback requirements for the septic tanks, with the units being dry lined.

Commr. Swartz stated that he would like to include in the conditions that the connections be required at the time central water and sewer becomes available, and the dry lining becomes a commitment on the plat.

Commr. Gerber stated that the requirements being presented could be placed in the Developer's Agreement.

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 R-1-15 (Residential Estates) to R-8 (Mixed Residential District), for the construction of single-family residences, subject to a Developer's Agreement limiting density to two (2) dwelling units per acre, and including the water and sewer requirements for connection.

PETITION #74-92-5 A to R-8 or R-1 Mary Taylor and Juanita

English

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board. Mr. Stubbs stated that staff originally recommended denial to R-8 (Mixed Residential District), based upon the fact that this area is not continuing the established mixed along the roadway which accesses to Eagles Nest Road. At this time, he discussed the intent of the applicant to place two (2) manufactured buildings on the property, which has

certain requirements, and that staff's recommendation can be changed to approval of R-8 zoning. Mr. Stubbs stated that this would be consistent with the surrounding area. He further stated that three (3) letters have been received in favor of the request.

Ms. Bonnie Roof, representing the applicants, appeared before the Board and stated that the applicants own the property jointly, and they will be creating two (2) building sites, one for each of their sons. She then discussed the reasons for requesting mixed zoning.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission to postpone the request for one (1) year in order that the applicants can make a decision on their plans for the property, and approved the request, as recommended by staff, for rezoning from A (Agricultural) to R-8 (Mixed Residential District), for single-family residences.

PETITION #76-92-5 AR to RA George F. Green

Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, presented the case to the Board. He stated that staff is recommending additional right-of-way, as presented in the backup material.

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

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

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 for rezoning from AR (Agricultural Residential) to RA (Ranchette), for the creation of twelve (12) five (5) acre homesites, and including the dedication of 33 feet of right-of-way from the center line on both Marion County Road and Haywood Grove Road, as recommended by staff.



MINUTES

Discussion occurred regarding the Minutes of November 17, 1992 (Regular Meeting), with the following changes being made:

Page 1 - Introduction - Add: Vice-Chairman after Commr. Hanson's name.



Page 2, Line 18 - Correction made to indicate Commr. Bailey making the second to the motion.



Page 12, Line 15 - Add: United Chambers of Lake County.



Page 12, Line 30 - Clarify: a resolution that would establish economic development, and the Economic Summit as the number one priority.



Page 15, Line 5 - Correction made to indicate that Commr. Gerber made the second to the motion.



Page 15, Line 26 - Clarify: Tavares Kiwanis Club.



Page 16, Line 3 - Correction made to indicate reconvening at 10:50 a.m.



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of November 17, 1992, (Regular Meeting), as amended.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 17, 1992, (Special Meeting), as presented.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, informed the Board that Tab 1 should be approved, subject to final review by the County Attorney, and that Tab 4, the request for approval of the Certificate of Public Convenience and Necessity for Florida Hospital Waterman/Florida Regional Emergency Services, Inc, was being withdrawn for scheduling of a public hearing on January 5, 1993, as required by ordinance. Mr. Wahl further informed the Board that action had been taken on Tab 5. Also Consent Item A.1., on Addendum No. 1, for the purchase of Cythion Malathion, was a request for retroactive approval.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, to include the above recommendations made by Mr. Wahl, County Manager:



COUNTY MANAGER'S CONSENT AGENDA

County Manager/Resolutions

Request for approval of resolution with authorized signers for SBA transmittal and withdrawals, subject to final review by the County Attorney.



Accounts Allowed/Community Services/Grants



Request for approval for Social Services to apply for Federal Emergency Management Agency (FEMA) grant, in the amount of $84,925.00.



Accounts Allowed/Ambulances-Hospital Districts

Community Services



Request for approval of payment to Shands Hospital under the Health Care Responsibility Act for two separate inpatient hospital stays for a Lake County resident, in the amount of $26,516.93.



Contracts, Leases & Agreements/Municipalities

Planning & Development



Request for approval and signature of First Amendment to the Interlocal Agreement between Lake County and The Town of Lady Lake relating to the collections of impact fees.



Landfills/Public Services



Request for approval to advertise for RFP for Consulting Engineering Services, pursuant to preparation of permitting, bidding, and construction documents and services for closure of Astatula I Landfill.



Landfills/Municipalities/Public Services



Request for approval to advertise for RFP for Consulting Engineering Services relative to preparation of additional permitting, bidding, and construction phase documents and services for closure of Lady Lake Landfill.



Road Closings - Permission to Advertise



Request for approval to advertise Road Vacation Petition No. 703 by John Berry to vacate road, Howey Subdivision "A", Sec. 8, Twp. 22, Rge. 26, Minneola Area, Commissioner District 2.



Request for approval to advertise Road Vacation Petition No. 705 by M. L. Spikes to vacate drainage and utility easement, Lago Vista, Sec. 25, Twp. 22, Rge. 26, Clermont Area, Commissioner District 2.



Request for approval to advertise Road Vacation Petition No. 706 by Robert Mandell - REP: Jim Bible - to vacate roads and tracts, Lake Highlands Company, Postal Colony Company, Sec. 28 and 33, Twp. 22, Rge. 26, Clermont Area, Commissioner District 2.



Request for approval to advertise Road Vacation Petition No. 707 by Chris Blanton - REP: Jim Loflin - to vacate lots, Sec. 25, Twp. 19, Rge. 25, Tavares Area, Commissioner District 3.





ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

Accounts Allowed/Mosquito-Aquatic Plant Management

Request to retroactively approve to purchase Cythion Malathion before price increase of January 1993, in the amount of $17,580.00.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PERSONNEL

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to authorize the Secretary III position - Facilities & Capital Improvements.

PLANNING & DEVELOPMENT/ZONING

Mr. Pete Wahl, County Manager, informed the Board that the next item involves a number of rezoning items considered before the Technical Review Committee (TRC), and Mr. Greg Stubbs, Senior Department Director, Land Development Regulation, has made a request to have the Board review the items, in order to get some direction from the Board, as to status of the rezoning cases.

Ms. Annette Star Lustgarten, County Attorney, stated that the July 9, 1992, Comprehensive Plan is the applicable plan. The applications coming through the process should be reviewed pursuant to the Plan, and this is not a vesting issue. She stated that there is really no need for the Board to make any determination, due to the July 9, 1992, Comprehensive Plan being the applicable plan. She further stated that she has discussed this with Mr. Stubbs, and the issues will go to the TRC, and be reviewed on the existing plan.

No action was needed by the Board on the following zoning issues:

MLS #92-149

MLS #92-150

MLS #92-151

Large Lot Split #92-133

Hills of Mount Dora requesting a 53-lot subdivision in R-1 zoning.





ATTORNEY'S MATTERS

PLANNING & DEVELOPMENT

Ms. Annette Star Lustgarten, County Attorney, updated the Board on the conference call with the Department of Community Affairs (DCA), in relation to the Comprehensive Plan. She stated that the County is continuing negotiations in good faith to come to an agreement. Additional language is being provided to DCA, based on the conversation, and hopefully there will be another conference call next week, in order to settle this issue, with final language being brought to the Board at the last meeting in January.

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, updated the Board on the pending Administrative Hearing regarding Skiing Paradise, which has been set for the end of March. This is a pending Administrative Hearing in the Green Swamp. Ms. Lustgarten stated that she feels this issue will be settled, and there will not be a need for the hearing.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

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

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the request to issue payment for costs, in the amount of $157.89, to W. Scott Wynn, in the case of State vs. Martin, Case #92-630-CF-JL, as recommended by the County Attorney.

MEETINGS/ZONING

Discussion occurred regarding moving the public hearings for rezoning cases to an after 5:00 p.m. time certain.

Mr. Pete Wahl, County Manager, informed the Board that staff polled the Planning and Zoning Commission, with regards to the

night meetings, with the results indicating that this approach would be less than favorable, or productive.

Commr. Swartz stated that this issue required some discussion, and therefore, the Board would continue with the agenda items, and return to this issue later.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/AGRICULTURAL CENTER

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Ron Southhall to the Agriculture Committee to fill the horseman vacancy.

APPOINTMENTS-RESIGNATIONS/PUBLIC SERVICES/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Robert (Bud) Grantham to the Solid Waste Committee. Mr. Grantham will replace Mr. Bud Keeler who has resigned from a District 4 seat.

COMMISSIONERS/COMMITTEES

Discussion occurred regarding the appointment of liaison positions for 1993.

Commr. Swartz stated that the deletion of Animal Control, Fire/EMS/Hospital and Personnel/Risk Management are recommended, because they are departments rather than boards, commissions and committees.

Commr. Swartz requested that Commr. Gerber meet with the County Attorney to discuss the Charter Review Committee, and to bring back information, as soon as possible, regarding how this committee should be set up, including its membership, and a recommendation for a resolution to adopt the committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the liaison appointments for 1993, as presented to the Board.

COMMITTEES/MUNICIPALITIES

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to send a letter, in behalf of the Board, regarding the nomination for the Clermont Woman's Club to be listed in the National Register of Historic Places.

RECESS & REASSEMBLY

At 12:13 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 1:30 p.m. for the public hearings.

PUBLIC HEARINGS/TIMES CERTAIN

ASSESSMENTS/RESOLUTIONS/SUBDIVISIONS

At 1:30 p.m., Commr. Swartz announced that the advertised time had arrived for the first public hearing on a proposed resolution expressing the intent of Lake County to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the provision of general and municipal services and facilities with the "Greater Hills Municipal Service Taxing Unit."

Ms. Annette Star Lustgarten, County Attorney, informed the Board that Chapter 197, Florida Statutes, requires that the Board express its intent to use the uniform method for the combined ad valorem/non ad valorem bill in the case of non ad valorem assessments. This is a procedural requirement, so that the Board can give notice to the Property Appraiser and Tax Collector that the County may be using this particular procedure.

Ms. Lustgarten stated that all of the resolutions today, except for one (Greater Groves), are continuances of existing special assessments that are in place.

Mr. Bob Mandell, President of Greater Construction Corporation, appeared before the Board and expressed his appreciation to the Board for its initial establishment of this particular Municipal Services Taxing Unit (MSTU). He stated that, after discussion with some of the residents, they would probably prefer the continuance of the MSTU, and a meeting will be scheduled with all of the homeowners, once this is implemented.

There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Resolution 1992-231, as stated above.

COMMISSIONERS/MEETINGS

Discussion occurred regarding proposed dates for the retreat between the Board and staff. Mr. Pete Wahl, County Manager discussed having the retreat held off campus, on Saturdays, to eliminate any interruptions.

Commr. Swartz stated that he met with Ms. Marilyn Crotty, Institute of Government, University of Central Florida (UCF), and discussed some of the programs that they offer.

Mr. Wahl stated that two (2) programs were discussed, one to be held each day. The first was entitled "Leadership Workshop", which relates to the way that the County does business. It would be informal, which would allow the Board to interact on an informal basis with each of the members of the staff and management group. The second conference was entitled "Visioning", which would be a process for the Board to develop a set of moderate term goals and objectives.

Commr. Swartz stated that the first item is referred to as "team building", which includes different types of programs. At this time, he discussed one that is a written instrument, that would be completed by all participants ahead of time, and would be analyzed to help the Board and staff inter-relate with one another.

He then discussed the "Visioning" program.

Mr. Wahl recommended that the Board hold the two (2) retreat meetings, in order to determine whether the Board wishes to continue in this direction.

Commr. Hanson discussed the "visioning" process put on by Florida Power, which is a year long process, and stated that the individual working on this particular process indicated to her that she would be glad to work with the Board.

Mr. Wahl stated that this would be the beginning step for an ongoing process for long term planning.



PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

ASSESSMENTS/RESOLUTIONS/SUBDIVISIONS (CONTINUED)

At 1:45 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed resolution expressing the intent of Lake County to use the uniform method for the levy, collection, and Enforcement of non-ad valorem assessments for the provision of general and municipal services and facilities within the "Greater Groves Municipal Service Benefit Unit."

Ms. Annette Star Lustgarten, County Attorney, stated that this is a new Municipal Service Benefit Unit (MSBU), which was established last year, and this is the first notice of intent to utilize the non ad valorem assessment with Greater Groves. An agreement will then be entered into with Greater Construction Corporation to administer the maintenance process.

Mr. Bob Mandell, President, Greater Construction Corporation, was present to answer questions regarding this issue.

There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Resolution 1992-232, as stated above.

COMMISSIONERS/MEETINGS (CONTINUED)

Discussion continued regarding proposed scheduling for a Board retreat coordinated with the University of Central Florida (UCF). Mr. Wahl stated that he has requested that they check and see whether the UCF Board Room is available for January 16, 1993, and February 6, 1993. He further stated that the County will be entertaining a cost proposal from them, and he would be willing to entertain any other suggestions from the Board, as to a meeting place. Mr. Wahl stated that the first two sessions focus on internal operations and internal issues.

After further discussion, the Board members agreed to tentatively schedule the first two (2) meetings at UCF on January

16, 1993, and February 6, 1993, with an update being presented to the Board as to other possible locations.

MEETINGS/ZONING (CONTINUED)

Discussion continued regarding the scheduling of zoning meetings in the evenings. Mr. Wahl stated that an interest had been shown by the Board to consider scheduling public hearings for road vacations and rezonings to evening meetings to facilitate public participation. This issue was discussed by the members of the Planning and Zoning Commission, and a survey was made by surrounding counties, with the results being presented to the Board in backup form. Mr. Wahl stated that, if the Board decided to proceed in the direction of night meetings, the scheduling would begin in March. He further stated that, if the Board found that this process was not meeting the Board's expectations, it would be another couple of months to effect the change.

Commr. Bailey stated that he feels the Board should make the decision, and through limited conversation he had with the Planning and Zoning Commission, they feel comfortable with the present way of scheduling.

Commr. Swartz discussed the hardship that is caused on many who are unable to leave work and attend the daytime meetings.

Commr. Gerber stated that this Board should not decide what the Planning and Zoning Commission should do, as to the issue of evening meetings, and that consideration should be given to those who are caused a hardship by having to attend daytime meetings.

She further stated that, after reviewing the survey, consideration could possibly be given to the idea of scheduling such public hearings in the late afternoon.

PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

ASSESSMENTS/RESOLUTIONS/SUBDIVISIONS (CONTINUED)

At 2:00 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed resolution expressing the intent of Lake County to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the provision of maintenance and expansion of street lighting within the "Imperial Terrace West Municipal Service Benefit Unit."

Ms. Betty Dauer, Past President of the Homeowner's Association, Imperial Terrace, appeared before the Board, and requested clarification on the continuance of this item.

It was noted that Mr. Al Froelich, President of the Imperial Terrace Homeowners' Association, was present in the audience.

There being no further public comment, Commr. Swartz closed the public hearing portion of the meeting.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Resolution 1992-233, as stated above.

COMMISSIONERS

At 2:05 p.m., Commr. Hanson excused herself from the meeting, due to other scheduled commitments.

MEETINGS/ZONING (CONTINUED)

Discussion continued regarding the possibility of scheduling evening meetings for public hearings.

Commr. Bailey stated that the Board had already tried a non-controversial calendar, and discussed possibly scheduling those items of controversy towards the end of the agenda.

Commr. Cadwell stated that he feels there should be a consistent set of times for the meetings that the public is aware of. He further stated that, even though there will most likely be no more participation than during the day, the Board should make the effort on a trial basis.

Discussion occurred regarding the time to be used for the evening meetings, with Mr. Wahl stating that other counties have not scheduled a meeting before hand, and started the meeting at 5:30 p.m. He further stated that there would be no meetings scheduled during the day, except for rare circumstances.

At this time, the Board members were in concurrence to schedule the evening meetings, including road vacations, rezoning,

and ordinances, at 6:00 p.m., beginning with the regular Board meeting on March 23, 1993.

COMMUNICATIONS

Mr. Pete Wahl, County Manager, informed the Board that they would be receiving a proposal for the switching out of telephone service in the Administration Building (Round Courthouse). The proposal will be coming from Mr. Bruce Thorburn, Information Services, and he and Mr. Robert McKee, Assistant County Manager will be meeting with each of the Board members to review the information, with this issue being brought to the Board at the first regular meeting, January 5, 1993.

PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

ASSESSMENTS/RESOLUTIONS/LANDFILLS (CONTINUED)

At 2:15 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed resolution expressing the intent of Lake County to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the provision of a solid waste management system within the "Lake County Municipal Service Taxing Unit for Solid Waste Collection and Disposal."

Ms. Annette Star Lustgarten, County Attorney, stated that this is a resolution expressing the intent of the Board to continue using the uniform method that is currently in place for an non-ad valorem assessment for solid waste, and if there are any changes, it will go through the public hearing process and roll adoption process between June 1, 1993, and September 15, 1993.

Mr. Hubert H. Hartman, resident of Mount Dora, and the unincorporated area of Lake County, appeared before the Board to discuss the proposed resolution.

Commr. Swartz explained to Mr. Hartman the intent of the resolution, which is for the County to use a non ad valorem assessment in the area of solid waste.

Mr. Hartman stated that he objects to the resolution being proposed, because when the Board affirms that it will be continuing

the non ad valorem assessment, the method that he feels will be more equitable is not necessarily through a non-ad valorem assessment. He stated that he objects to the continuation of the assessment, and therefore he does not want the resolution passed without any notice as to when it will be considered, or any notice to the taxpayers.

Commr. Swartz stated that, in addition to the required public hearings, the Solid Waste Committee will be dealing such issues, and the Board will have workshops and other meetings with regards to this issue.

Ms. Annette Star Lustgarten, County Attorney, stated that, in the event the Board chooses to change the assessment that is currently in place, the Board is required to adopt an assessment roll. Every single property owner that will be subject to the assessment will receive individual notice. The public hearing will be between June 1, 1993 and September 15, 1993, in the event that there is a change to the current assessment.

Mr. Hartman stated that he is opposed to the County using the non ad valorem method, because of the inequities that exist, and that the tipping fee and the assessment methods are unfair and discriminatory and inequitable. Mr. Hartman stated that the same sentiment was expressed by many other taxpayers at the public hearing on September 20, 1992. At this time, he referred to the official minutes from the meeting, and the member's opinions that were expressed. He further stated that this ordinance contradicts the opinions expressed by the Board. Mr. Hartman stated that he would request that the Board present a timetable to correct the inequities.

Commr. Swartz stated that, as Chairman of the Solid Waste Committee, he will be coming back to the Board to begin addressing some of the concerns that were expressed by the Board during the time referred to by Mr. Hartman. He further stated that a timetable will be put together, with all workshop times, that will lead to the public hearings.

Mr. Joe Woodnick, Yalaha, appeared before the Board and stated that, one of the objections expressed by the people last year was the passing of resolutions and ordinances in between Board meetings without any public notice. He questioned the changes that were made in resolutions, and stated that he objects to the one being presented today, because he feels the only way that the County is going to get the cost of solid waste down countywide, and in the unincorporated area, is to franchise haulers, and to go into the billing service.

Mr. Wahl stated that one of the reasons for the non ad valorem assessment, and implementing it through a uniform bill, is to assure and insure the collectability of those revenues in behalf of the Board.

Mr. Woodnick requested that the Board members review the concerns he presented to them in written form, which included recommendations, and stated that he would like to come back to a Board meeting and discuss the items with them. He specifically directed the Board's attention to paragraphs 3, 9, and 10 on the second page, and requested that the County Attorney supply a legal opinion on these items.

Commr. Swartz informed Mr. Woodnick that Commr. Cadwell has been appointed as the liaison to the League of Cities, who will be addressing issues, including solid waste, with the cities, and keeping the Board updated on their concerns and their positions on the issue.

Mr. Dan Eastwood, Tavares, appeared before the Board and reinforced the comments made by Mr. Hartman and Mr. Woodnick. He reported that he had attended a seminar in Tallahassee with most of the major solid waste collectors meeting with Legislative representatives, and that the most collective statement made at the meeting was that Florida is one of the few states, if not the only state, in the nation that has enacted legislation that permits the use of a non ad valorem assessment to permit the uniform collection of fees on garbage, which is what is needed to sell bonds. Mr.

Eastwood stated that, if the non ad valorem assessment is used for a purpose that is valid and equitable, and not accessibly expensive, there is not a citizen that would object to it. He discussed the resolutions that have been approved by the Board in the past. He then presented the Board with a newspaper article, which basically reflects the decision of the U.S. District Court in Minnesota.

There being no further comments from the audience, the Chairman closed the public hearing portion of the meeting.

Commr. Swartz requested that Commr. Cadwell make a recommendation to him on the best way to include the cities, either through the Solid Waste Committee, or through other means. He further encouraged him to get recommendations from the cities as to how they can best work and have input into these types of issues.

Mr. Wahl informed the Board that the two cities that are withholding the amount within the budget, which is identified as recycling, amounts to less than $20,000.00 per year.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution 1992-234, as stated above.

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

ASSESSMENTS/RESOLUTIONS/FIRE PROTECTION

At 2:30 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed resolution expressing the intent of Lake County to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the provision of fire protection and rescue services.

There being no public comment, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution 1992-235, as stated above.



The motion carried by a 4-0 vote, with Commr. Hanson not being present for the discussion or vote.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:47 p.m.



G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR\BOARDMIN\12-15-92\1-13-93