A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 18, 1995

The Lake County Board of County Commissioners met in regular session on Tuesday, April 18, 1995, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Rhonda H. Gerber, Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Welton G. Cadwell. Commr. Good was not present. Others present were: Sue Whittle, Interim County Manager; Rolon Reed, Interim County Attorney; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance, Audit and Budget; and Sandra Carter, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Rolon Reed, Interim County Attorney, informed the Board that he had been asked by Commr. Good to request that Tab 38, under Reports, a request for discussion as to the acceptance or rejection of the proposed settlement of the DOAH proceeding, begun by the Department of Community Affairs, concerning Charles E. Bradshaw, LUPA No. 94-1-1-2, be postponed until the April 25, 1995 Board Meeting, due to the fact that it involves property in his district; and that Item II. A. 1., under Reports, on Addendum No. 1, a request for approval and execution of Agreement for Binding Arbitration relating to the Sugarloaf Development of Regional Impact, be postponed until the April 25, 1995 Board Meeting, as well.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone said items until the April 25, 1995 Board Meeting, as requested.

MINUTES

Regarding the Minutes of February 21, 1995 (Regular Meeting), the following was requested:

On Page 34, Line 2, add an additional sentence to read as follows: The Board's consensus was to allow the new Interim County Manager to fulfill that responsibility, or choose a designee.



On Page 18, Lines 13 and 14, change quisi-judicial to quasi-judicial.



On Page 19, Line 23, add for the Assessment Office after the word Needs.



On Page 37, Line 4, change was to were.



On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of February 21, 1995, as corrected.

Regarding the Minutes of February 22, 1995 (Special Meeting), clarification was made in the initials of a Federal agency.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of February 22, 1995, as presented.

Regarding the Minutes of February 28, 1995 (Regular Meeting), clarification was made in the spelling of a proper name.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of February 28, 1995, as presented.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of March 7, 1995 (Regular Meeting), as presented.

Regarding the Minutes of March 14, 1995 (Special Meeting), the following change was requested:

On Page 13, Line 13, change and to in.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of March 14, 1995, as corrected.

Regarding the Minutes of March 21, 1995 (Regular Meeting), the following was requested:

On Page 25, Line 8, change they were to the vendor was.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of March 21, 1995, as amended.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

CLERK OF COURT'S CONSENT AGENDA

Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit and Budgets, informed the Board that the Mid-Year Budget Amendment for FY 1994-95, listed as Item 1 on the Clerk's Consent Agenda, was also on the Board Agenda as Tab 3, under Public Hearings, therefore, requested that it be pulled from the Consent Agenda and heard as a Time Certain item. She noted that the Clerk's Consent Agenda would consist of Items 2 through 10.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved to pull said item from the Clerk's Consent Agenda and hear it as a Time Certain item.

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

Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending March 31, 1995, in the amount of $141,493.63. Same period last year: $123,130.17



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 Board Support Division of the Clerk's Office.



Utilities



Request to acknowledge receipt of Notice of Cancellation of Hearing and Prehearing Conference, from the Florida Public Service Commission to Florida Public Utilities Company, Gainesville Regional Utilities - City of Gainesville, Jacksonville Electric Authority, Kissimmee Utility Authority, City of Lakeland, City of Ocala, Orlando Utilities Commission, City of Tallahassee, Clay Electric Cooperative, Inc., Lee County Electric Cooperative, Inc., Sumter Electric Cooperative, Inc., Talquin Electric Cooperative, Inc., Withlacoochee River Electric Cooperative, Inc., Florida Keys Electric Cooperative Association, Inc., the City of Vero Beach, and all other interested persons. Docket Nos. 930552-EG through 930564-EG, 930922-EG, and 940828-EG - Adoption of Numeric Conservation Goals and Consideration of National Energy Policy Act Standards (Section 111) by Florida Public Utilities Company, Gainesville Regional Utilities - City of Gainesville, Jacksonville Electric Authority, Kissimmee Utility Authority, City of Lakeland, City of Ocala, Orlando Utilities Commission, City of Tallahassee, Clay Electric Cooperative, Inc., Lee County Electric Cooperative, Inc., Sumter Electric Cooperative, Inc., Talquin Electric Cooperative, Inc., Withlacoochee River Electric Cooperative, Inc., Florida Keys Electric Cooperative Association, Inc., and the City of Vero Beach, issued March 22, 1995.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-48, from the City of Tavares, adopted by the Tavares City Council on February 1, 1995, amending the boundaries of the City of Tavares Code, by including within the city limits property generally described as approximately 5.9 acres, located north of Dora Avenue and east of Merry Road; and Ordinance No. 95-04, adopted by the Tavares City Council on March 1, 1995, amending the boundaries of the City of Tavares, by including within the city limits property generally described as approximately 20 acres, located south of Lane Park Cutoff and west of the Kenneth A. Bragg Public Safety Center.



Ordinances/Municipalities



Request to acknowledge receipt of Notice to Lake County Board of County Commissioners of an Ordinance Annexing Government Lots 1, 2, and 3 of Section 6, Township 21 South, Range 26 East, Lake County, Florida, to the Town of Astatula, that on March 13, 1995, at 7:30 p.m., or as soon thereafter as the matter can be heard, at the Astatula Community Building, Town of Astatula, Florida, the Town Council will call up for public hearing said ordinance.



Ordinances/Municipalities



Request to acknowledge receipt of Notice of Proposed Enactment - Pursuant to State Laws, notice is hereby given that the City Council of the City of Mascotte, Lake County, Florida, at a regular council meeting, to be held at 7:30 p.m., on Monday, the 10th day of April, 1995, in the Mascotte Community Building, 121 North Sunset Avenue, Mascotte, Florida, intends to adopt and enact an Ordinance creating a Community Redevelopment Agency; and Notice of Proposed Enactment - Pursuant to State Laws, notice is hereby given that the City Council of the City of Mascotte, Lake County, Florida, at a regular council meeting, to be held at 7:30 p.m., on Monday, the 10th day of April, 1995, in the Mascotte Community Building, 121 North Sunset Avenue, Mascotte, Florida, intends to adopt and enact an ordinance appointing the initial Board of Directors to the Community Redevelopment Agency.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 95-001, from the City of Fruitland Park, pertaining to the establishment of a Community Redevelopment Trust Fund; Resolution No. 95-011, from the City of Fruitland Park, pertaining to Community Redevelopment; and copy of the City of Fruitland Park Commercial Redevelopment Area Map.



Ordinances/Municipalities



Request to acknowledge receipt of Revised Ordinance No. 94-07, from the Town of Lady Lake, correcting a discrepancy in the legal description.





PUBLIC HEARING

MID YEAR BUDGET AMENDMENTS

BUDGETS/BUDGET TRANSFERS/COUNTY EMPLOYEES

Ms. Sue Whittle, Interim County Manager, informed the Board that the Mid-Year Budget Amendment before them reflected a number of changes and adjustments that had been identified and verified, through the audit process, as well as some bookkeeping corrections. She stated that it reflected some transfers between funds, to bring the accounting into line for the middle of the year. She stated that it contained details on the pay plan implementation, reflected on Pages 26-28; some personnel requests, reflected on Page 6; and some capital outlay requests.

Ms. Whittle stated that she was requesting a Secretary I position for the County Manager's Office, for the Economic Development Coordinator, Mr. Alvin Jackson, with a mid-year budget impact of $14,792.00, due to the fact the County is under contract with the Economic Development Commission of Mid-Florida and one of the contract provisions is that the County provide clerical support for the Council's operations in Lake County. She noted that said support had been provided in the past from the Board Office and the County Manager's Office.

Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained the need for a Special Projects Coordinator, a Probation Clerk, and a Probation Officer for his department. He requested approval to eliminate the position of Health Services Coordinator, noting that he planned to combine the duties of the Health Services Coordinator with the Human Services Manager.

Commr. Swartz pointed out the fact that, on Page 21 of the Mid-Year Budget Report, it needed to show a deletion for the Health Services Coordinator, under the Human Services Division, in addition to the deletion listed under the Workforce/PIC Division.

Mr. Smith further elaborated on his department's needs, noting that the Probation Division is experiencing a rapid growth in its cases, with an increase of 932 new cases. He stated that the case loads are averaging in excess of 500 per Probation Officer, therefore, due to the fact that revenues are exceeding what was anticipated for FY 1994-95, their budget will probably run in the red a little for FY 1995-96. He noted that he has been working with the Probation Division since 1988 and has only received one additional position since that time. He stated that the Probation Officers are swamped and need some help.

Mr. Mike Anderson, Director, Facilities and Capital Improvements, appeared before the Board and explained his department's need for one Electrician, one Maintenance position for Corrections, and for a part-time clerical position to become a full-time position. He stated that the part-time position is an existing Clerical Assistant III, however, due to an increased work load, the part-time position is becoming a full-time position. He stated that the clerk is doing all the normal duties of clerical entry work, data processing, buying, and purchasing, thus, the reason for his request that the position become a full-time position.

Mr. Anderson stated that he was requesting a Maintenance Specialist I Electrician position, because the County currently has only one electrician and, with the completion of the Jail and the Judicial Center, the County's work load has increased considerably and is too much for one person to handle. He stated that he was requesting a Maintenance Specialist I position for the Jail, because it is a very heavy maintenance area and the four men currently assigned to it cannot keep up with it.

Discussion occurred regarding the positions alluded to, at which time Commr. Swartz suggested that the Secretary I position for the Economic Development Coordinator and the full-time position being requested by Facilities and Capital Improvements not be approved this date, but that they be considered as soon as the County Manager had an opportunity to reevaluate existing staff. He stated that the Board had just instructed staff not to fill existing vacancies, until they had an opportunity to reevaluate some of the organizational/instructional areas, and that it would not follow logic to instruct staff one day not to fill vacant positions and then approve two new positions the next day. He stated that there are a number of vacant positions in the County and that, before the Board created new positions and began hiring for them, he felt the County should deal with the vacant positions that presently exist.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, the Board approved the Secretary I position for the Economic Development Coordinator.

Commr. Swartz voted "No".

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Maintenance Specialist I and Maintenance Specialist I Electrician positions for Facilities and Capital Improvements and suggested that the part-time to full-time position be brought back to the Board, for action, after the County Manager's review.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Special Projects Coordinator position for Community Services and deleted the Health Services Coordinator position from the Organizational Chart.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Probation Officer position for Community Services, for the balance of FY 1994-95, however, did not approve the Probation Clerk position, at this time.

Ms. Whittle, Interim County Manager, pointed out the fact that Pages 26-28 of the Mid-Year Budget Amendment book contained detailed information about the County's pay plan implementation, noting that the final total for same was $468,943.00.

It was noted that the Board had budgeted and set aside, in a Special Reserve Account, $600,000.00 for said pay plan, therefore, Ms. Sarah LaMarche, Budget Officer, was questioned as to what would happen to the balance of said funds.

Ms. LaMarche noted that the balance of the funds would remain in the Special Reserve Account until the end of the budget year.

Ms. Whittle, Interim County Manager, reviewed Capital Outlay requests for Mid-Year FY 1994-95, noting that the largest request was from the Circuit Judges, in the amount of $50,000.00, for a system that will allow them to have computers and be tied into the Clerk's Office, which they feel will greatly increase their efficiency and productivity.

Commr. Gerber questioned the need for 13 networking stations for the Judges, stating that she had met with Judge Lockett and was informed that he felt there was only a need for five stations.

A brief discussion occurred regarding the request, at which time it was suggested that staff confirm the number of computers being requested, before the Board approves the funding of same.

Ms. Jolene Cazzolla, Program Director, Guardian Ad Litem, appeared before the Board and discussed the need for equipment for the new Program Supervisor for the Guardian Ad Litem Program. It was noted that the funding for same would come from the Contingency Fund.

Ms. LaMarche appeared before the Board and reviewed Page 13 (Summary By Fund) and Page 15 (Detail Analysis) of the Mid-Year Budget Amendment book, indicating Contingency Adjustments for FY 1994-95, as requested by Commr. Swartz.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Capital Outlay requests, with the exception of further review of a request for 13 work stations by the Circuit Judges, and an adjustment to the Guardian Ad Litem Program.

It was noted that, should the Guardian Ad Litem Program need a FAX modem and it is not available to them, the County would fund same.

Mr. David Crowe, Interim Solid Waste Director, appeared before the Board, in response to a question by Commr. Swartz regarding the Solid Waste budget, as noted on Page 11 of the Mid-Year Budget Amendment book, and whether what was budgeted as Cash Balances Forward was substantially less than the audited numbers and how that happened.

Mr. Crowe stated that a $600,000.00 difference came up, as part of the audit, and that approximately $800,000.00 was moved into an escrow bearing account, for future closures of existing facilities, as part of Florida regulations.

It was noted that said funds were moved from the Landfill Enterprise Fund (420) into the Solid Waste Landfills & Post Closure Care Fund (422).

Commr. Swartz questioned Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit and Budgets, as to whether the County had received the final accounting from Ogden Martin, with regard to sales tax monies that the County should be getting back from them, and whether the Board needed to take any action, this date, in order to receive said funds.

Ms. Lehman stated that she had questioned them about the matter, regularly, and the last time she checked the audit was still in process and not concluded. She noted that the amount due the County was approximately $300,000.00.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board authorized the Chairman to write a letter to Ogden Martin, with regard to the matter.

Ms. Lehman pointed out the fact that the Clerk had two items under Tab 1, one being a transfer of funds from Fire and Emergency Services, for the County Fire Control Fund, from Special Reserve to Machinery and Equipment, and the other being the Mid-Year Budget Amendment. She stated that the Board had just approved the Mid-Year Budget Amendment and that the transfer of funds alluded to needed to be approved, as well.

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

Accounts Allowed/Budgets/Budget Transfers

Fire and Emergency Services



Request for approval of the following Budget Transfer from the Office of Finance, Audit and Budgets, as follows:



BUDGET TRANSFERS



Fund: County Fire Control Fund

Department: Fire & Emergency Services

From: Special Reserve $ 464,156 To: Machinery & Equipment 464,156

Transfer No.: 95-123



Justification: Monies in the Special Reserve were set aside for the purchase of pumpers. Transfer of funds to Capital is now needed to accomplish this purchase.



RECESS AND REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would take a five minute recess.

PUBLIC HEARING (CONT'D.)

MID YEAR BUDGET AMENDMENTS

BUDGETS/BUDGET TRANSFERS/COUNTY EMPLOYEES

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

Commr. Hanson informed the Board that Mr. Mike Anderson, Director, Facilities and Capital Improvements, had clarified an issue for her during the recess and that she felt it needed to be brought to the Board's attention.

The Chairman reopened the public hearing.

Mr. Anderson appeared before the Board and clarified his request for a full-time position, stating that the individual who is presently in the part-time position is worked as a full-time employee, with full benefits, and that, from a budgetary standpoint, he felt she should be taken from part-time status and recognized as a full-time employee, noting that the cost to the County would be the same either way.

Commr. Hanson made a motion to approve the request and change the part-time position to a full-time position.

Commr. Swartz stated that the County has a definition for part-time and full-time positions and that the definition Mr. Anderson gave did not meet the definition of a part-time position. He stated a concern that he had about the request and suggested that the Board review it, before approving it.

Commr. Hanson amended her motion to include a review of the part-time/full-time classifications and that there be an understanding that this position could be eliminated.

Commr. Swartz seconded the motion.

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

There being no one present who wished to address the Board, the Chairman closed the public hearing.

Commr. Swartz thanked the Clerk's Office, in conjunction with County staff, for putting the Mid-Year Budget Amendment presentation together and thanked Ms. LaMarche for utilizing the computer during said presentation. He stated that the people in the audience could see what the Board was seeing, which was helpful, and requested her to share her technology advancement with County staff.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the overall Mid Year Budget Amendments.



REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS/MISCELLANEOUS

Commr. Hanson requested that Tab 40, under her Commissioner's Business, a request for approval of a Resolution creating the Lake County Fine Arts Council be moved up on the Agenda, due to the fact that Dr. Tully Patrowicz was present in the audience, to present the request, as well as several other people who were present for the presentation.

Commr. Hanson informed the Board that several months ago the Mt. Dora Center for the Arts, which she sits on as a Director, requested her to bring this matter before the Board, for approval. She stated that Dr. Patrowicz has been the major figure in this matter, therefore, requested that he make a presentation to the Board regarding same.

Dr. Patrowicz appeared before the Board stating that he and his wife had been supportive of and contributors to the visual and performing literary arts. He stated that he was honored by the Secretary of State, during the past year, by being appointed to the Florida Arts Council of the State of Florida's Division of Cultural Affairs and that it has been the Council's responsibility to foster the arts and an awareness of the arts throughout the State and that it was with said charge in mind that he was pleased to have the opportunity to speak in support of the Resolution before the Board this date, for consideration, creating the Lake County Cultural Affairs Council. He discussed, at length, cultural arts and the importance of same.

Dr. Patrowicz stated that the Resolution before the Board this date provides for local arts agencies, under the auspices of county government. He stated that it will not cost the County anything and that the Council will be able to reap monies from the sale of license plates, which will read "Florida - State of the Arts".

It was noted that the primary benefit of this Council will be a means of distribution for monies collected from the license plate sales and other grants and that a percentage of the fees collected is returned to the County from which it is collected; however, in order for the County to use the funds, it has to have a mechanism to distribute them, such as a designated art agency of the local arts council, which will be created by the Resolution before the Board this date.

Dr. Patrowicz stated that the Council will be called the Lake County Cultural Affairs Council, rather than the Lake County Fine Arts Council, and that said name needed to be changed throughout the Resolution. He noted that the last sentence of Section 2. Membership and Organizations, on Page 3 of the Resolution, should be struck, because the Council felt that it did not do anything but add confusion to the issue. He further noted that Section 6. Bond Authorized, on Page 6, should read Bonds Authorized. He stated that, other than some housekeeping changes relative to the situation in Lake County, the wording contained in the Resolution was taken directly from the Florida Statutes.

Commrs. Hanson and Gerber introduced several individuals who were present in the audience, representing various arts councils throughout the County, and thanked them for their support.

Mr. Jim Murphy, Executive Director, Mt. Dora Center for the Arts, appeared before the Board and stressed the importance of having cultural organizations in the State of Florida. He stated that establishment of the Lake County Cultural Affairs Council would be the first step in helping the organizations in the County begin to help themselves, not in just providing services to its audiences, but also to help foster an understanding, awareness, and appreciation of the arts, as an educational influence. He stated that the establishment of this Council will give the County essential services, in terms of communication and sharing resources, as well as possible fundraising sources, but he felt the essential service that it will offer is bringing everyone together, to communicate one with another, and will help establish an environment in which the County can raise the visibility of culture and help make the case for the importance of culture and the education of the County's young people and the continuing education of its adults.

Ms. Nan Tripp, President of the Board of Directors of the Melon Patch Players, in Leesburg, appeared before the Board stating that the Melon Patch Players was 44 years old, making it the oldest theater group in Lake County. She urged the Board to support the Resolution before them this date, noting that Lake County needs an Arts Council.

Mr. Rolon Reed, Interim County Attorney, informed the Board of some minor changes in the Resolution, as follows:

On Page 4, Line 10, change designed to designated.

On Page 4, Lines 21 and 24, insert the words or her after the word his.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Resolution creating the Lake County Cultural Affairs Council.

TIMES CERTAIN

PUBLIC HEALTH/MISCELLANEOUS

Ms. Constance Keeton, Executive Director of Heart of Florida, appeared before the Board and gave an informational presentation concerning Region 3 of the Community Health Purchasing Alliance (CHPA). She stated that she had spoken to the County's Health Care Task Force several months ago and it was recommended, at that time, that she speak to the Board and make them aware of the CHPA program. She stated that the CHPA program was put into place to serve the small business community, those businesses having one to fifty employees. She stated that the reason CHPA was put into place was because small businesses were not only having trouble getting health insurance, but found that costs were becoming prohibitively high, in fact tripling, and small businesses were finding that they were unable to afford health care.

Ms. Keeton stated that there are approximately 2.7 million uninsured people in the State of Florida, with three-quarters of them being working people, families, and children and a lot of them are in the category of the County's lowest wage earning people. She stated that, when there are high health cost, whether it be by small businesses, large businesses, insured or uninsured, they are shared by all people within the community. She stated that high health costs impact all of Florida, in fact, 98% of Florida businesses fall in the category of small service and retail oriented business, with two-thirds of them not providing general health care on a regular basis. She stated that the costs shift to those who have insurance, or who have programs to take care of them.

Ms. Keeton stated that there are 11 CHPA programs throughout the State, covering 16 counties, with Lake County being the most rural and probably the lowest income CHPA around, with only two staff people serving said area. She stated that the CHPA program is funded, initially, by the State government, but is a private non-profit corporation. She stated that no one can be turned away from the program, noting that, if it is a business of one, it can get health coverage through the CHPA program. She stated that there is no exclusion for a pre-existing condition, so people who have been afraid to approach insurance agents are comfortable with the fact that they will find coverage in the CHPA program. She stated that the CHPA program has name brand carriers, so one is comfortable that they are getting insurance from names that they recognize. She noted that over 30,000 Floridians have joined the CHPA program, with approximately 50% of those people not having health insurance before.

Ms. Keeton stated that, if there were opportunities within the community to make citizens aware of the program, she felt that it would be a very valuable program for them, however, noted that the program is in its last year of funding and she was in the process of requesting funding for the final year, so that she can do the marketing necessary to get the word out to small businesses. She thanked the Board for allowing her to make her presentation and stated that she appreciated the support of all the Lake County citizens that have been involved.

A packet of information about the program was distributed to the Board, for their perusal.

A brief discussion occurred regarding the program, at which time it was noted that the Board would contact Mr. Alvin Jackson, Economic Development Coordinator for Lake County, and request him to get in contact with the United Chambers of Commerce and get the word out about the program.

TIMES CERTAIN

ECONOMIC DEVELOPMENT/MISCELLANEOUS

Commr. Gerber noted that a presentation by Ms. Emily G. Moreland of the Metro Orlando Economic Development Commission of Mid-Florida, regarding their Retention and Expansion Visitation Program, scheduled for 9:00 a.m. this date, had been postponed until a later date.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber requested that Tab 8, a request for approval of a Proclamation declaring April 23-May 1, 1995 as Teen Pregnancy Prevention Week in Lake County be pulled and handled separately, for special recognition; as well as Tab 29, a request for approval to advertise for bids for CR 42 Widening and Resurfacing Project No. 8-95, as requested by Mr. Jim Stivender, Jr., Director, Public Services.

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



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval of second quarter payment to Lifestream Behavioral Center, for FY 1994-95. Total expenditure - $42,000.00, pursuant to Florida Statutes 394.76.

Community Services/Miscellaneous



Request from Community Services to acknowledge receipt of For Your Information Item: The Lake County Sunrise ARC, Inc. has agreed to waive the $5,000.00 balance remaining in the $10,000.00 budget allocation, in return for approval of the proposal to maintain eighteen county parks and four cemeteries, for the months of April through September, 1995.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of Change Orders (series of changes implemented since January 24, 1995) to Metrics GMP contract, at a lump sum cost of $33,781.00, subject to review and approval by the County Attorney's Office.



Accounts Allowed/Communications

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of GTE Communications Corporation's invoice covering the temporary wiring for telephone services resulting from departmental moves between the 4th and 5th floors and the 2nd and 3rd floors of the Administration Building, at a lump sum cost of $8,837.00, subject to review and approval by the County Attorney's Office.



Accounts Allowed/County Buildings/Communications

Facilities and Capital Improvements



Request from Facilities and Capital Improvements to acknowledge receipt of For Your Information Item: GTE Communications Corporation to provide the necessary repair to the fibre optic and copper communication lines running between the Records Maintenance Building and the Jail, at a lump sum cost of $19,658.00.



Rights-of-Way, Roads and Easements/Zoning

Planning and Development



Request from Planning and Development for acceptance of Non-Exclusive Easement Deed from Delia Toledo, for the creation of 5 lots in R-6 zoning, on an easement off SR 44 - Commission District 5.



Rights-of-Way, Roads and Easements/Zoning

Planning and Development



Request from Planning and Development for acceptance of Non-Exclusive Easement Deed from Pamela and William Watson, for the creation of 3 lots in Agricultural zoning, on an easement off Sugarloaf Mountain Road - Commission District 2.



Rights-of-Way, Roads and Easements/Zoning

Planning and Development



Request from Planning and Development for acceptance of Non-Exclusive Easement Deed from Benney Wells, Kathy Wells, and Joan Payne, for the creation of 3 lots in Agricultural zoning, on an easement off Hwy. 33 - Commission District 2.



Contracts, Leases and Agreements/Zoning

Planning and Development



Request from Planning and Development for acceptance and execution of Agreement Between the Board of County Commissioners and Govey F. Schmidt for a Temporary Non-Conforming Zoning Use, to place a travel trailer on property located on Valley View Road and CR 455, while the conventional home is being built - Commission District 3.



Contracts, Leases and Agreements/Zoning

Planning and Development



Request from Planning and Development for acceptance and execution of Agreement Between the Board of County Commissioners and Phyllis and James Warner for a Temporary Non-Conforming Zoning Use, to place a travel trailer on property located on Maryland Avenue, in Groveland, while the conventional home is being built - Commission District 2.



Contracts, Leases and Agreements/Municipalities/Funds

Public Services



Request from Public Services for approval and execution of Second Amendment to Interlocal Agreement Between Lake County and the City of Leesburg Relating to Provision of Funds from the County Transportation Trust Fund for Improvements at the Leesburg Municipal Airport.



Contracts, Leases and Agreements/Municipalities/Funds

Public Services



Request from Public Services for approval and execution of Interlocal Agreement Between Lake County and The City of Tavares, Florida, Relating to Contribution of Infrastructure Sales Tax Funds for Long Term Recreational Programs.



Resolutions/Deeds/Rights-of-Way, Roads and Easements

State Agencies/Public Services/Municipalities



Request from Public Services for approval to adopt Resolutions and execute County Deeds and Easements to the State of Florida Department of Transportation, for parcels of right-of-way on S.R. 19, in the City of Tavares (S.R. Section 11090-2520, Parcel Numbers 107.1R, 129.1, 142.1, 144, and 802.1).



Resolutions/Municipalities/Roads-County & State

Public Services



Request from Public Services for approval of Resolution transferring Hicks Ditch Road (CR 4-6065) and Getford Road

(CR 4-5970) to the City of Eustis, subject to review and approval by the County Attorney's Office.



Accounts Allowed/Roads-County and State/Road Projects

Public Services



Request from Public Services for approval and execution of Change Order No. 2, to Bloxam Avenue Extension Project No. 3-94, for additional work on Pitt Street, in the amount of $3,211.62, Benefit District 5 - Commission District 2.



Resolutions/Public Services/Roads-County and State



Request from Public Services for approval of Resolution authorizing the posting of speed limits on the following roads: Robin Drive (1-5413); Mockingbird Lane (1-5313A); Picciola Drive (1-5313), from its intersection with Lake Unity Drive to the end of the road; Albert Road (1-5314); Sydney Road (1-5314A); Fredrick Road (1-5214); Byron Road (1-5214A); and James Road (1-5214B).



Resolutions/Public Services/Roads-County and State



Request from Public Services for approval of Resolution authorizing the posting of speed limits on the following roads: Somerset Drive (1-5133C); Canterbury Drive (1-5133A); Tweksbury Drive (1-5133B); Dorset Drive (1-5033B); Bunker Road (1-5033); Coventry Drive (1-5033A); Green Road (1-5032B); Fore Road

(1-5032A); Fairway Road (1-5032); Sabal Way (1-5234); Valencia Drive (1-5334); Highland Road (1-5333); Overton Drive (1-5233); Tarlton Drive (1-5233A); Barrington Court (1-5233B); Dartmoor Street (1-5233C); Summit Square Drive (3-5234B); Dolores Court

(3-5235); and Joanie's Run (3-5134).



Resolutions/Public Services/Roads-County and State



Request from Public Services for approval of Resolution authorizing the posting of speed limits on the following roads: Dora Pines Road (4-4580A); Erica Lane (4-4580B); Karen Drive

(4-4580C); Robert D. Road (4-4581); Heather Lane (4-4480B); Cherry Lane (4-4480A); Croat Street (4-4580D); Washington Boulevard

(4-4580); Pine Avenue (4-4480); Robie Avenue (4-3800); Pond Road (4-4080); Britt Road (4-4981); and Sunrise Boulevard (4-4680).



Resolutions/Public Services/Roads-County and State



Request from Public Services for approval of Resolution authorizing the posting of speed limits on the following roads: Illinois Street (5-7115); Bird Island Drive (5-7015); Indiana Drive (5-7015A); Kentucky Avenue (5-7116); Ohio Avenue (5-7115A); Ricker Drive (5-7014); Wendy Boulevard (5-7410); Christina Terrace

(5-7410C); Michelle Street (5-7410B); Pam Terrace (5-7410A); Dove Valley Lane (5-7010); Parkinsonia Street (5-7710); Elm Street

(5-7710A); Redbud Road (5-7711A); Sherydan Glenn (5-7814); Hutchinson Way (5-7714); Greenbriar Drive (5-7715); Agusta Drive (5-7715A); and Bertsville Road (5-7114).



Accounts Allowed/Bids/Road Projects/Public Services



Request from Public Services for approval to advertise for bids for CR 44A Resurfacing Project No. 7-95, at an estimated cost of $450,000.00, from the Transportation Trust Fund - Commission District 4.



Accounts Allowed/Bids/Road Projects/Public Services



Request from Public Services for approval to advertise for bids for North Buckhill Road/C-455 and C-455/SR 19 Intersection Improvement Project No. 5-95, at an estimated cost of $160,000.00, from the Road Impact Fee Fund - Benefit District 4, Commission District 3.



Road Vacations/Municipalities/Public Services



Request from Public Services for approval to advertise Road Vacation Petition No. 787, by Barnett Bank of Lake County, to vacate road and lots, Craig's Addition to Sorrento, Section 30, Township 19, Range 28, Sorrento area - Commission District 4.





Road Vacations/Municipalities/Public Services



Request from Public Services for approval to advertise Road Vacation Petition No. 788, by Gladys Bonoan, to vacate drainage and utility easement, Orange Blossom Gardens, Unit No. 3.1B, Section 7, Township 18, Range 24, Lady Lake area - Commission District 5.



Purchasing



Request from Purchasing for approval to advertise for bids, proposals and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. cooperative bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:



A) Authorization to Seek Bid, Proposals and Professional Services.



DIVISION AMOUNT



1) COUNTY ATTORNEY $150,000.00



Authorization to seek proposals for County Reporting Services for Circuit Criminal and Juvenile Courts. Proposals will be obtained per guidelines specified in Lake County Purchasing Procedure LC-7. Funding for this project is from Account #001.6061.600.516.8300327 (Court Reporter - Public Defender) and #001.6061.600.516.8300330 (Court Reporting Services.) It is also requested the Board approve the selection committee, as follows:



1.) Chief Administrative Circuit Judge for Lake County

2.) Chief Administrative County Judge for Lake County

3.) Public Defender or Designee

4.) State Attorney or Designee

5.) Lake County Clerk of Court or Designee



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



1) FIRE AND EMERGENCY SERVICES $813,504.00



Pierce Manufacturing Inc./Authorization to purchase off the Southern Manatee County Fire and Rescue Bid for Custom Tilt Pumper and issue a Purchase Order for four new Pierce Custom Fire Engines, with 4 Door Dash Cab, 1500 GPM Pump, and 750 Gallon Tank. The purchase price is three (3) at $207,876.00 each, per Southern Manatee's Bid. The County will receive an additional discount of $2,000.00 for the fourth vehicle, at a purchase price of $205,876.00. The County also received an upgrade on the engine and transmission, at no additional charge, due to the quantity buy of four fire engines. A discount of $4,000.00 per chassis will be given, if the Board approves a chassis progress payment of $103,000.00 per vehicle, made three months prior to delivery of completed apparatus. Funding from Account #213.6131.522.8600640.



Solid Waste/Assessments/Roads-County and State



Request from Solid Waste for approval of the following Satisfaction of Assessment Liens (18):



Astor Forest Campsites



Paul A. and Charlotte G. Ponteaux $1,272.87



Paul A. and Charlotte G. Ponteaux 1,238.41

Paul A. and Charlotte G. Ponteaux 1,650.73



Haines Creek Heights (1)



David and Cynthia Braswell 1,352.72



Mt. Plymouth II (1)



Alvin A. and Gloria D. Knox 1,813.63



Ocala Forest Campsites (2)



George B. and Anika L. Halford 1,377.66

Ruth Jacobs 773.43



Coyote Pass (1)



Jack N. Dayton II 1,262.36



Sorrento Ranches/Penlan Park (1)



John H. Orr and Marcia G. Orr 4,516.23



Garcia's Subdivision/E. E. Edges

Subdivision (1)



Gladys Robinson 596.36



Ocala Forest Campsites No. 3 (1)



James C. and Frances Jane Frazier 957.28



Hilltop Subdivision Unit No. 2 (1)



Bobby Joe Stott 1,366.07



Fla. Fruitland Park Tropical Homesites (2)



Stanley and Antoinette A. Westfall 2,392.77

Bernard O. and Catherine Rosser 1,794.96



Sorrento Shores Subdivision (2)



S & K Realty 4,121.23

Charles Perry Wayne 3,816.78



Picciola Island Subdivision (2)



Anthony R. and Arlene Delucia 677.29

Anthony R. and Arlene Delucia 1,001.06



RESOLUTIONS/COMMUNITY SERVICES

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Community Services for approval of a Proclamation declaring April 23-May 1, 1995 as Teen Pregnancy Prevention Week in Lake County, as requested by the Citizens Commission for Children.



ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Public Services for approval to advertise for bids for CR 42 Widening and Resurfacing Project No. 8-95, at an estimated cost of $270,000.00, from the Road Impact Fee Fund - Benefit District 1, Commissioner District 4.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

COMMUNICATIONS/FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Mike Anderson, Director, Facilities and Capital Improvements, appeared before the Board and explained this request, stating that it was a request for approval of a Change Order to the GTE Communications Service Agreement, for the hard wiring of the E911 system between the Administration Building and the Sheriff's Communication Center, located on the second floor of the Sheriff's Administration Building. He stated that it was to carry over existing service, however, noted that some enhancements would be added.

Mr. Bruce Thorburn, Information Services, appeared before the Board and explained why said wiring was not included in the renovation project. He stated that it was not included, because the County is under contract with General Telephone, for the E911 System, until 1998.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Facilities and Capital Improvements for approval of a Change Order to the GTE Communications Service Agreement, for the hard wiring of the E911 system between the Administration Building and the Sheriff's Communication Center, located on the second floor of the Sheriff's Administration Building, at a cost not to exceed $34,630.00, subject to review and approval by the County Attorney's Office.

CITIZEN QUESTION AND COMMENT PERIOD (CONT'D.)

Ms. Kimberly Reed, representing the Kent family, informed the Board that she was present to give citizen comment and was not aware that the Board had already addressed the Citizen Question and Comment Period of the meeting. She requested approval to address a concern the Kent family had, at this time.

Ms. Reed appeared before the Board and questioned whether the County would consider lowering the speed limit on CR 44A, rather than expending funds to repave it. She was informed by the Director of Public Services, Mr. Jim Stivender, Jr., that the road needed to be repaved, because the surface of the road was unraveling.

Mr. Stivender then answered questions from the Board regarding the matter, however, no action was taken regarding Ms. Reed's request.

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

ASSESSMENTS/SOLID WASTE

Mr. David Crowe, Interim Solid Waste Director, appeared before the Board and explained a request from Solid Waste for approval to advertise a "not to exceed" Solid Waste Assessment Rate, which he elaborated on.

Commr. Swartz stated that he had not had a chance to review the backup material provided to the Board regarding this request and that he had raised some questions with Mr. Crowe that needed to be answered, therefore, suggested that the Board schedule a workshop meeting, to discuss the matter in detail and look at a multi-year first class noticing, for cost avoidance, due to the considerable cost involved. He also noted that Commr. Good, the liaison Commissioner for Solid Waste, was not present at this meeting, which was another reason for postponing the matter.

A motion was made by Commr. Swartz and seconded by Commr. Cadwell to authorize staff to prepare the necessary printing format for a multi-year first class noticing, up to the 1998-99 Fiscal Year, and that the Board schedule a workshop meeting to discuss the budget and the multi-year first class noticing issue.

A brief discussion occurred, at which time a workshop meeting was set for Thursday, April 27, 1995, for the Board to discuss the matter.

It was noted that a discussion regarding David M. Griffith & Associates (DMG) had also been scheduled for that date and that the workshop on Solid Waste would be held after said discussion.

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

SUBDIVISIONS/SOLID WASTE

Mr. David Crowe, Interim Solid Waste Director, informed the Board that staff had met with the homeowners of the Meadows Subdivision, regarding a solid waste collection problem, and felt that they had worked out a solution to the problem. He stated that the garbage truck is going to be empty, when it collects from the subdivision, which will lighten the truck and possibly prevent it from tearing up the roads, which the residents are complaining about. He noted that it would be done on a trial basis and should it not be the answer to the problem, staff will bring the matter back to the Board, at a later date.

It was noted that this was the second time the Board had addressed this matter.

Commr. Hanson stated that she felt staff should be allowed some flexibility to solve problems and not have to bring every case before the Board.

No action was taken at this time.



ADDENDUM NO. 1

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

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

PLANNING AND DEVELOPMENT

Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board to discuss the selection of an entity to facilitate a land use forum, for the S.R. 19/U.S. 27 area, and to request authorization for the Chairman to execute a contract with said entity, on a time and charges basis, in an amount not to exceed $5,000.00. He stated that he and the Interim County Manager, Ms. Sue Whittle, had called numerous agencies - private consultants, private non-profit agencies, and regional planning agencies, about the possibility of facilitating the forum and that, after having discussions with said agencies, it was suggested that Ms. Marilyn Crotty, with the Florida Institute of Government, be involved in said facilitation.

Mr. Knight stated that Ms. Crotty indicated to him that she assumed there would be a cost of approximately $3,000.00 for the total project, however, depending on how intense it actually gets, the cost could exceed $3,000.00. He stated that she noted a concern about holding the forum at the Welcome Center, as the Board had indicated they might want to do, due to the lack of sufficient space and the location of the Welcome Center.

It was suggested that the forum be held at Lake Sumter Community College, Lake County Vo-Tech Center, the Ag Center, or the Board of County Commissioners' Meeting Room, in the Administration Building.

Commr. Swartz stated that, even though he had a very high opinion of Ms. Crotty, was concerned about the cost involved with holding a land use forum, at which time he gave Mr. Knight a film to show the Board, regarding the aspect of putting together a land use forum.

A brief discussion occurred regarding the film and the cost of putting a forum together, at which time Commr. Swartz stated that it appeared to him the approach used in the film was one that was tried and true, however, he did not think the Board would go wrong with any option they chose.

Ms. Whittle, Interim County Manager, stated that she felt it would be a wonderful training opportunity for staff.

Further discussion occurred, at which time Commr. Cadwell suggested that Mr. Knight correspond with Mr. Karl Kehde, Land Use Forum Network, Inc., and obtain information about how the procedure works, who is involved, what the work product is, where the communities that have used it have taken that work product, and a time frame and reschedule the matter to come back before the Board at a later date.

Mr. Ron Phillips, Supervisor, Seat I, Lake County Soil and Water Conservation District, appeared before the Board stating that the film brought up a point that he felt the County and the community needs to address. He stated that the County did not need to bring in an outsider from New Jersey, or a professional from the University of Central Florida, they only need the ability to communicate with land owners and governmental entities that exist today. He stated that the communities are becoming polarized, in one direction or another, and there has got to be an open discussion about where the County is going, as a community.

Mr. Phillips stated that he felt the matter of putting together a forum was a great idea, but he did not feel that the County needed a $5,000.00 prepackaged program. He stated that the County has yet to have a meeting between all the governmental bodies, regarding where the County is going in the year 2000 and beyond. He stated that there is no sense of community, because the sense of community is dug around moats, territorial rights, tax rights, etc. He stated that the County does not need to find answers from the outside, it needs to find answers from the inside.

Mr. Phillips stated that the Lake County Soil and Water Conservation District would be sending the Board a letter, after its meeting on April 25, 1995, inviting them to participate in a summit, to discuss future land uses. He stated that he felt the Board was glossing over the matter too easily, by coming up with prepackaged programs. He stated that the County does not need prepackaged programs, what it needs is honest discussion on where the community is and where it is going, and he felt that the only way to do that was by having discussions within. He stated that the one thing the County has to have is communication and he hoped the Board would accept the Lake County Soil and Water Conservation District's invitation to hold a summit and try to work together and take advantage of the free opportunities, before it starts getting into paying opportunities. Commr. Gerber stated that, if the Board received an invitation from the District to participate in a summit, they would.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/COURTS-JUDGES

Mr. Rolon Reed, Interim County Attorney, explained this request, stating that it was a request to pay the costs, approved by the Courts, for a defendant who was found not guilty in a criminal case.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the Interim County Attorney for approval to pay costs, in the amount of $312.50, in the case of the State of Florida vs. O'Jay Dave Cummings.



COMMISSIONERS' BUSINESS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a Proclamation designating April 29, 1995 as WalkAmerica Day in Lake County.

ADDENDUM NO. 1

COMMISSIONERS' BUSINESS (CONT'D.)

COMMISSIONER HANSON - DISTRICT 4

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

Commr. Hanson questioned whether the Resolution before the Board this date, creating the Agricultural Museum Study Committee, reflected the fact that she had been appointed by the Board to be Liaison Commissioner to said committee.

It was noted that the Resolution did not.

A brief discussion occurred regarding the Resolution, at which time the following changes were requested, under Section 4. Membership:

Change 13 at-large members to 14

Add One (1) County Commissioner (Commr. Hanson) as Liaison Commissioner, in a non-voting capacity.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a Resolution creating the Lake County Agricultural Museum Study Committee, with changes as noted, and the appointment of members to said Committee.

COMMISSIONER HANSON - DISTRICT 4

COMMITTEES/OUTDOOR RECREATION

Commr. Hanson informed the Board that there were two members of the original Sports Committee who would need to be replaced, for various reasons, which she noted. She stated that the following individuals had expressed an interest in becoming members of said Committee and she would recommend that they be appointed, replacing said individuals:

Mr. Erving Matthews, representing the position of High School or Little League, replacing Mr. Ron Williams.

Mr. Greg Nelson, representing the position of Financial Institution, replacing Mr. Scott Taylor Flowers.

Mr. Dave Warren, Tourist Development Director, requested that the following paragraph be added to the Resolution reactivating the Lake County Sports Committee, as Item No. 11, under Section 2. Purpose and Duties, for the purpose of clarification:

Examine and review the feasibility of joining areawide, or statewide sports commissions or sports groups, for the purpose of encouraging amateur and professional sports tournaments to be held in Lake County.



Commr. Swartz stated that he felt the members of the Sports Committee should reside in Lake County, not in other counties, particularly when they are going to be making recommendations that involve tourist dollars, at which time he pointed out the fact that one of the current members (Cole Whitaker) resides in Orlando.

A brief discussion occurred regarding the matter, at which time Commr. Hanson stated that there was nothing in the Resolution that prohibits it, however, felt that maybe it was something that should be looked at. She stated that she did not have a problem with taking Mr. Whitaker off the Committee and finding a replacement, if the Committee could move forward this date.

It was noted that Mr. Keith Shamrock, a local realtor, representing the position of Major Business, could be changed to represent the position of Real Estate and staff could recommend someone new to represent the position of Major Business.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved a Resolution reactivating the Lake County Sports Committee, for a period of one year from the date of their first meeting, and the appointment of the Committee members, with the exception of Mr. Cole Whitaker, representing Real Estate.

It was noted that a recommendation regarding Mr. Whitaker's position and replacement would be brought back to the Board at a later date.

COMMISSIONER CADWELL - DISTRICT 5

RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a Resolution supporting the World's Greatest Baby Shower Program. COMMISSIONER CADWELL - DISTRICT 5

MUNICIPALITIES/ORDINANCES

Commr. Cadwell informed the Board that the Town of Lady Lake has an enclave where the Town allows golf carts to be driven on its streets, however, to go from one area of the Town to another, one has to pass through said enclave and is breaking the law when doing so, because they are leaving the Town's property, going onto county property, and then back onto the Town's property. He suggested having the County Attorney's Office draft some type of ordinance to deal with golf carts being driven on city and county streets, without breaking the law, such as in the case of The Villages, in the Town of Lady Lake, to be put on a future agenda, for discussion.

It was the consensus of the Board to do so.

COMMISSIONER CADWELL - DISTRICT 5

RESOLUTIONS/ROADS-COUNTY AND STATE

Commr. Cadwell brought to the attention of the Board the fact that he had received correspondence from the Sumter County Board of County Commissioners Office, with regard to an interchange at the Florida Turnpike and CR 470. He stated that he, Mr. Jim Stivender, Jr., Director, Public Services, and Mr. Alvin Jackson, Economic Development Coordinator for Lake County, had met with a representative from the Sumter County Commission and would like to have a Resolution drafted regarding same, to be put on a future Agenda, for discussion and possible action by the Board.

It was noted that, apparently, each Commissioner had received said correspondence and that the Chairman, on behalf of the Board, had already addressed the matter.

COMMISSIONER GERBER - DISTRICT 1

MEETINGS/STATE AGENCIES

Commr. Gerber informed the Board, for informational purposes, that she would be meeting with Mr. Jim Kimbler, District Director, Planning and Public Transportation, Florida Department of Transportation (DOT), county staff, and other representatives from DOT, with regard to the emerging Municipal Planning Organization (MPO) status. She stated that she had invited representatives from Sumter County to attend the meeting and was informed that they might be interested in doing so, therefore, would keep the Board abreast of the matter.

No action was needed or taken at this time.

COMMISSIONER GERBER - DISTRICT 1

RESOLUTIONS/COMMITTEES

Commr. Gerber brought this matter to the Board's attention.

It was noted that the Natural Resources Advisory Committee had reviewed the availability of environmental education programs for children and found that many of the programs were at a standstill, due, mainly, to budget constraints. The Committee felt that joint efforts between agencies such as the School Board, the St. Johns River Water Management District, the Water Authority, the Forest Service, the Lake Soil and Water Conservation Service and the Board in putting together a task force, might have a positive effect in bringing life back into those programs which have stalled.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a Resolution creating the Lake County Environmental Education Task Force, to examine the establishment of an environmental education program in Lake County.



RECESS AND REASSEMBLY

At 12:30 p.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m.

STUDENT GOVERNMENT DAY MOCK BOARD MEETING

The following students and schools were represented at the Student Government Day Mock Board Meeting:

Commissioner Gerber Jennifer Bahus

Leesburg High School



Commissioner Good John Kiely

South Lake High School



Commissioner Swartz Barbara Bain

Tavares High School



Commissioner Hanson Anna Griggs

Mount Dora High School



Commissioner Cadwell Kathryn Manley

Umatilla High School



Fletcher Smith Carolyn Rocco

Director, Community Services Eustis High School



Craig Haun Jay Thompson

Director, Fire & Emergency Services Eustis High School



Russ Giesy Pamela Pell

Ag Extension Agent Lee Education Center



Mike Anderson William Frazier

Director, Facilities & Capital Improvements Leesburg High School



Jim Stivender, Jr. Richard Arth

Director, Public Services Mount Dora High School



Dave Warren Elizabeth McLaulin

Director, Tourist Development South Lake High School



Paul Bergmann Tami Burlingame

Director, Planning and Development Tavares High School



David Crowe Selena Grundy

Interim Director, Solid Waste Umatilla High School



The students addressed an ordinance prohibiting unreasonably loud, disturbing, and unnecessary noises, as well as a Rezoning case that had come before the Board at a previous Board Meeting.

The meeting was recessed at 3:35 p.m., at which time the students toured the Jail and the Board of County Commissioners' Offices.



PUBLIC HEARING

FIRST PUBLIC HEARING FOR ADOPTION OF LAND DEVELOPMENT REGULATIONS AMENDMENT

PLANNING AND DEVELOPMENT

Commr. Gerber welcomed those present and stated that this meeting would be the first of two public hearings that would be held concerning the Land Development Regulations (LDRs), with the second to be held on May 2, 1995, at 6:00 p.m., at which time the LDRs will be adopted. She requested staff to review the changes to the document before the Board this date.

Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board and reviewed a memorandum, dated April 4, 1995, which outlined the proposed amendments to the LDRs that would be acted on this date, as follows:

1. The establishment of a minor subdivision process and modifications to the administrative lot split process.



2. A revised concurrency management system.



3. Criteria for the placement of septic tanks in the Green Swamp Area of Critical State Concern.



4. Criteria for the timing of residential development in the Suburban and Transitional land use categories.



5. Other minor amendments to the Land Development Regulations, proposed for clarification purposes.



Mr. Knight stated that Bed and Breakfast criteria was addressed at a recent workshop meeting and would be further addressed this date, as well as other minor changes that were discussed at said meeting.

Mr. Knight stated that staff took the amendments to the LDRs before the Planning and Zoning Commission, at a special meeting that was held April 17, 1995, and they made recommendations regarding each one of the issues that were covered. He stated that, regarding the issue of the establishment of a minor subdivision process and modifications to the administrative lot split process, the Planning and Zoning Commission had many concerns regarding going forward with the elimination of the large lot split process and allowing for lots off of easements. He stated that they approved, by a 7-2 vote, to deny any changes to the lot split process that is in existence today. He stated that, in addition, they expressed concerns, with regard to requiring minor lot splits to be on a county maintained paved road, with the emphasis on the paving of the road. In addition, they approved, by a 6-3 vote, to remove the six lot cap and not have a cap for lot splits.

Mr. Knight stated that, with regard to the revised Concurrency Management System, they had limited discussion regarding the matter, however, recommended approval of the revised Concurrency Management System before the Board this date. He stated that, with regard to the criteria for the placement of septic tanks in the Green Swamp, they recommended to accept the criteria for the placement of septic tanks in the Green Swamp, without the five year monitoring requirement, which was approved by a 7-2 vote.

Mr. Knight stated that, with regard to the criteria for the timing of residential development in the Suburban and Transitional land use categories, there was considerable discussion regarding the matter. He stated that they recommended the Board pursue a Comprehensive Plan Amendment to remove the criteria for timing a residential development in said categories, which was approved by a 9-0 vote, however, it was expressed that, although the concept may be good, everyone's vote in objection to it were not for the same reasons. He stated that, after they recommended that it be removed, through a Comprehensive Plan Amendment, they voted to remove, by a 9-0 vote, the timeliness criteria within planned unit developments.

Mr. Knight stated that, with regard to the other minor amendments to the LDRs, they recommended approval, however, did not have three minor amendments that had been covered in a workshop meeting that was held prior to that meeting. He stated that they also recommended approval of the Bed and Breakfast criteria that was presented at said meeting.

Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board and reviewed a handout that he had distributed pertaining to Section 3.11.04 Termination of Nonconforming Uses and Development, stating that there had been a minor amendment to same, being the addition of Paragraph 6, as follows:

The discontinuance of any agricultural uses (not requiring a CUP) for fifteen (15) consecutive years.



Mr. Hoban stated that said language was stating that, if, within 15 years, an individual starts up the same agricultural use, not requiring a CUP, the County would now consider it to be a legally existing nonconforming use.

Mr. Hoban then referred to a handout he had distributed pertaining to Section 1.02.17 Mobile Homes - Chapter 7 (Wekiva) and Section 1.02.18 Mobile Homes - Except Chapter 7 (Wekiva), stating that the County has a vesting provision that states that a mobile home may be replaced by another mobile home, without regard to setbacks. He stated that, if a person has an old mobile home and wishes to replace it, they can move it off the lot and move a similar home back on the lot, within two years, and if they did not have to meet setback requirements before hand, they still would not have to meet them.

Mr. Hoban referred to a handout he had distributed, a matrix chart for Zoning Districts, pertaining to Towers, stating that staff was recommending that Towers be CUP required in all the zoning categories, with exception of a CFD, which he noted is a conditional zoning district. He stated that the County would continue to interpret it as 40 feet for residential. He stated that he had been asked by the Board to contact several of the cities about their height requirements. He stated that the City of Leesburg informed him that they have a 35 foot height limit and, after 35 feet, if it is for anything other than a church steeple, one would have to obtain a special permit, or CUP. He stated that the City of Tavares has a similar rule, therefore, staff was recommending that, if a tower is below 40 or 50 feet in height, depending on the zoning category, it can be permitted, however, if it is above those heights, it is recommended that there be a CUP. He noted that the County would be addressing LDRs for impact fees in June or July of this year and could assess how it is going at that time.

Mr. Hoban referred to a handout pertaining to Minor Lot Splits, stating that the ad hoc committee had made the following suggestions:

On Page 1, Items 10 and 11 - The County currently has in the Code a requirement that flag lots be prohibited and the Committee recommended that this be deleted. He stated that, initially, he had recommended to the Committee that it be deleted, however, upon further study, would recommend that the prohibition against flag lots be left in the Code.

On Page 2 - There are options on how to do a minor lot split, with Option One stating that every minor lot split has to be on a paved road, or a county maintained clay road, with a 20 acre minimum; Option Two states that every minor lot split has to be on a county maintained paved road, a county maintained clay road, or an easement, with a 20 acre minimum; and Option 3, which is the option that the Committee recommended, states that it can be on a county maintained road, or easement, regardless. He stated that, in addition, on the top of Page 2, the Board had originally directed staff to go to two lots, however, the Committee recommended that the County go back to six lots.

On Page 3 - The Committee recommended that the County delete family lot splits, in their entirety, however, the Board recommended that the County have family lot splits, but with restrictions.

On Page 5 - The Board inserted an Option that a parcel created by a family lot split be held for at least three years, however, the Committee suggested that the requirement not apply to institutional lenders who obtain ownership, as a result of a foreclosure. He stated that, should a bank have to foreclose on a piece of property, staff recommends that the three year requirement to hold the property be waived.

Commr. Hanson questioned whether property that is privately financed would have that same protection.

Mr. Hoban stated that it would not, noting that the property owner would have to go before the Board of Adjustment and ask for a variance, stating that the property was privately financed.

Mr. Hoban continued reviewing the recommendations, as follows:

On Page 7 - The Board directed that all lot splits must be of a legally created lot, however, the Committee recommended, for agricultural lot splits, that regardless of whether the parent parcel was created or not, it be acceptable.

On Page 8 - The Board directed that no variances be granted, however, the Committee recommended that variances be granted for many portions of the agricultural lot split section.

On Page 9 - The Board directed that no extensions shall be granted for this section, in fact, if one were to go beyond a year, one would have to resubmit, however, the Committee's option was to take out the "no extension" language. Mr. Hoban stated that staff continues to recommend that the County have time limits and, if one needs more time, rather than having six months with a three month option, to give the individual the time period they need. He stated that the same thing would apply for Section 14.10.05, regarding applications filed prior to the effective date of the ordinance, which is currently scheduled for May 14, 1995. He stated that the recommendation from the Committee was to delete the "no extension" language. He stated that staff continues to recommend that individuals be given the time period they need, rather than require that they come in for a variance or extension.

On Page 10 - The Board directed that only ten or less lots could be created through the Minor Subdivision section, however, the Committee recommended twenty lots.

On Page 13 - This section states that, once an individual has an approved preliminary plat, said individual must go forward within six months, to get the construction plans approved. The Committee recommended nine months and staff concurred, stating that, with the addition of the construction plan requirement, nine months will probably be a more reasonable time period, than the current six months.

On Page 17 - This section pertains to time deadlines. The Committee made the point that, if one has to get a Department of Environmental Protection permit, a St. Johns River Water Management District permit, or an Army Corps of Engineers permit, they may be held up at said agencies and that the County should not have a hard and fast six or nine month deadline, therefore, they recommended that, if one is held up at any of said agencies, which the County has no control over, that staff hold the time period, until the individual receives his permit from said agencies. He stated that staff concurred with said recommendation.

On Page 17 - The Board directed that no variances shall be granted. The Committee inserted a section whereby one may appeal county staff interpretations. Staff recommends that the two sections be combined, since they are both needed.

A brief discussion occurred regarding the recommendations alluded to.

The Chairman opened the public hearing.

Mr. Louis Seybold, a local resident, appeared before the Board and requested them to consider deleting, under Section 14.10.01(a), the word legally and inserting the word buildable lot, or one that has an inhabitable structure, at the time of application. He stated that, by doing so, it would eliminate the problem of trying to decide what "legally" is and whether or not it is grandfathered in. He questioned whether, under the same section, on Page 2, under D. Standards, the recommendations before the Board this date would provide for ten lots to be created.

Mr. Hoban stated that it would be for ten or twenty lots.

Mr. Seybold questioned whether the minor subdivision lot process, on Page 10, would require the recording of a plat and that the recommendation for that particular process would provide that a ten lot subdivision, with the recording of a plat, could be done on an unpaved county maintained or publicly maintained road.

Mr. Hoban stated that the minor subdivision lot process would require the recording of a plat, however, regarding the question about the unpaved county maintained road, it would have to be unpaved, but bonded, so it would be paved at the end of a two or three year period.

Ms. Marilyn Andrews, a resident of Gainesville who owns property in Lake County, appeared before the Board and addressed the amendment pertaining to the criteria for the timing of residential development in the Suburban and Transitional land use categories. She distributed a handout, which she reviewed with the Board, giving a brief history of her property and what has transpired over the years regarding same, as well as a plat of her property, and a memorandum from her husband, Mr. James Fitzpatrick, dated November 1, 1994, to Mr. Greg Stubbs, regarding the issue of Timing Residential Development in the Suburban Land Use Category. She questioned whether her property could be vested and how she could go forward in completing the process that she was told she could do.

Ms. Andrews was informed that she would need to meet with staff, to resolve her problem.

Mr. Greg Stubbs, Director, Development Regulations Services, informed the Board that Ms. Andrews' problem involved a timeliness issue, noting that she had proposed to do a subdivision, however, the March 2, 1993 Comprehensive Plan was adopted and she has not been able to meet the timeliness policy, as drafted.

Commr. Hanson stated that it is a problem that is rampant throughout the County and that she had brought it to the attention of the Board, at a previous meeting, and had requested that the Board notify all those people that are caught in the same position as Ms. Andrews, that do not know what the County has done, through the Comprehensive Plan, however, she did not get the support of the Board to do so. She stated that it would not take care of the problem, but, it would at least let people know that, even though the Board approved their zoning, through the Comprehensive Plan, it was taken away from them.

Discussion occurred regarding Ms. Andrews' problem, at which time she was informed that, in order to take care of her problem, the County would have to do a Comprehensive Plan Amendment through the State.

Ms. Andrews questioned what she could do, from this point on, to resolve her problem.

Commr. Cadwell stated that the Board would be addressing the issue of timeliness this date, which would be her first avenue of relief, however, felt that the chances of the Board getting rid of the issue of timeliness was grim.

Commr. Gerber stated that Ms. Andrews case was an example of premature development in the County's planning, unfortunately, the notification was not made and she felt the County should make a very serious effort to let people know that this is going on.

Commr. Hanson stated that the County could have dealt with problems such as this in its vesting, noting that she felt when the Board deals with someone like Ms. Andrews and gives them an approval for zoning, the County is making a commitment with that individual that the individual will be allowed to develop their property and that, to come back later and say that the individual cannot do it, the County has broken a contract. She stated that she realized statutory law does not necessarily back this up, but the Board can do it anyway. She stated that the Board can say what it is going to vest, which she elaborated on.

It was noted that a Vesting Ordinance Workshop Meeting had been scheduled for the end of April, or early May, 1995.

Commr. Hanson stated that she saw no reason why the County could not put that language in the Vesting Ordinance and then let the Department of Community Affairs challenge it. She discussed a concern about thousands of other people in the County who are in the same situation as Ms. Andrews. She noted that she has been fighting this issue for four years.

Commr. Gerber stated that the Board should not give out false hope, because there was no way that DCA was going to look favorably upon the vesting language and, to say otherwise, would be untruthful.

Commr. Cadwell stated that the only way he saw that Ms. Andrews' situation was going to get any better was if the Board kept timeliness in the LDRs, but, to do so, the County would need to take Suburban off the Future Land Use Map, because with timeliness, Suburban is nothing more than Rural.

It was noted that Ms. Andrews needed to stay in touch with staff in the near future, to see what transpires.

Mr. Bryan Silbernagel, a resident of Tavares, appeared before the Board stating that he felt the changes being requested this date to the LDRs were sweeping and potentially devastating. He stated that he was present representing the nearly 500 members of the Lake County Association of Realtors and that they are strongly opposed to the proposed LDR changes and most emphatically to the changes proposed for minor lot splits and large lots splits. He stated that they feel the present system works just fine, noting that they feel it provides for flexible life styles that make Lake County desirable and provides a mechanism for affordable rural housing. He stated that the present system does not decrease land values of rural property, however, the proposed system will. He stated that it is felt the proposed changes are the "taking" of private property rights of Lake County land owners. He stated that the Association would request that the Board carefully weigh the impact of the proposed changes and see the wisdom of leaving in place a set of LDRs that work.

Ms. Susie Bergmann, appeared before the Board stating that she was a member of the Land Development Regulations Advisory Committee and the Committee felt, "If it is not broken, don't fix it." She stated that the Committee read over the family lot split recommendation and felt that, while it looks like it is giving people something, it really is not and would create some serious problems in a lot of families. She further elaborated on the matter of lot splits, pointing out areas of concern, being that, if the County chooses to keep them, the Committee would (1) hope that they would take out Section 14.10.00, in its entirety; (2) not recommend that all lots be paved; and (3) grant variances, if needed, noting that the Committee felt it would be wrong for the County to not grant variances.

Mr. Greg Homan, a resident of Sugarloaf Mountain, appeared before the Board stating that he would like to see the County get rid of all the proposed changes in the LDRs and get back to what the County previously had. He stated that it is felt the current Board wants to encourage low density growth and he felt that, by creating the new restrictions on five acre tracts, not only would they discourage low density growth, they would eliminate it. He noted that he served on the Planning and Zoning Commission for four years and never saw a five acre tract subdivision. He stated that it will never happen, because it would not be possible for the developer to break even, so, what the Board is doing is eliminating five acre tracts in Lake County and, by doing so, they would also be eliminating the only zoning district in the LDRs that mobile homes are allowed in, therefore, would be eliminating mobile homes completely in Lake County.

Mr. Homan read into the record Paragraph 4, on Page 2 of the Ordinance amending the LDRs, which pertains to the issue of health, safety, and welfare and suggested that the Board write into that portion of the LDRs pertaining to same a way to solve the problem, rather than creating a new regulation. He stated that, if paving is a problem, require the developer to have in the deed restrictions on five acre tract subdivisions that the County will never maintain those roads, therefore, if the homeowners want paved roads, they will have to pave them themselves. He addressed the issue of complaints received from firefighters, EMS, and solid waste haulers, stating that he did not believe the County was receiving complaints from them and wanted it proven to him that the County had received such complaints. He stated that the buyers of five acre tracts bought them knowing that they were away from services and were on clay roads and that is why they bought them, because they wanted elbow room, privacy, a country setting and away from government. He requested the Board to not force people to buy into paved small lot subdivisions, because that is all the County has, but to give them a choice.

Mr. Bill Spikes, a local resident, appeared before the Board and discussed a piece of property that he and his wife own, east of Eustis, and had planned to utilize to develop an airport and small flying community, with 20 to 30 lots. He stated that his property is located between the Park Place and Mt. Dora Country Club developments and that his zoning classification had been changed to Suburban. He reviewed the plans of his development with the Board, stating that he purchased his property with the full understanding of the Building Department that he was going to develop the airport community, however, somehow it slipped by him that the zoning on his property allowing three units per acre had been changed and, unless he developed his subdivision within a certain period of time, it would become one unit per five acres. He stated that, to have a Suburban designation in an area like Park Place, Mt. Dora Country Club, and his proposed community does not make sense, because there is no rural land between Tavares and Mt. Dora, even though the land use map indicates there is.

Mr. Spikes questioned who had drawn the map, stating that he did not feel it was the Department of Community Affairs (DCA), but County personnel, because DCA does not know the County's land, to draw all the marks on the map. He questioned what the County expected him to do with his property, at this point in time, due to the Suburban zoning classification that has been given to it, which will prevent him from going forth with his proposed development.

Mr. Mark Knight, Chief Planner, Planning and Development, stated why a Suburban land use designation was given to Mr. Spikes' property and much of the surrounding property and noted that, if a Rural land use designation had been placed on the property, Mr. Spikes would have lost his zoning. He verified the fact that staff was the one that drew the lines on the map and that Mr. Spikes' property was given a Suburban land use designation, because, at the time, Suburban allowed one dwelling unit per acre, up to three dwelling units per acre. He stated that, at the present time, the options would be remove the timing of residential development in the Suburban land use designation, or pursue an individual Comprehensive Plan Amendment for his specific piece of property.

Mr. Knight stated that a Workshop Meeting had been scheduled with the Board, for April 25, 1995, regarding Comprehensive Plan Amendments and Mr. Spikes' subsequent action will depend on what action is taken by the Board, at that time. He suggested that Mr. Spikes not submit a Comprehensive Plan Amendment until after the public hearings are held and the results are known.

Commr. Hanson stated that she felt the area in question needed to be looked at for a Comprehensive Plan Amendment initiated by the Board.

RECESS AND REASSEMBLY

At 7:30 p.m., the Chairman announced that the Board would take a ten minute recess.

PUBLIC HEARING (CONT'D.)

FIRST PUBLIC HEARING FOR ADOPTION OF LAND DEVELOPMENT REGULATIONS AMENDMENT

PLANNING AND DEVELOPMENT

Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board stating that the LDR amendments before the Board this date would lower property assessments and noted that, if the Board approved them, he would take action, with regard to the tax roll and trim notices, that would affect everybody in the County, not only property owners, but renters too, which he elaborated on. He stated that local banks have given loans on property in the County and, if, by their action, the Board devalues those properties, there will be a lot of defaults, because people will not make mortgage payments on property that is not worth the loans they have on it, therefore, some of the banks could go under.

Mr. Havill discussed the issue of private property rights and questioned whether the Board planned, in the future, to tell people in the County what they can and cannot do with their homes, as it relates to issues involving the environment. He stated that private property rights is a big issue in the Country and is going to hit the Board full force next year. He stated that the people of the United States are tired of having government intrusion and the Board is going to find that they are going to have lawsuits to defend, for the taking of private property rights, and then they will have to raise taxes to get the money to pay off the lawsuits.

Mr. Havill stated that the Board is elected to represent the people of the County, not Tallahassee, and that they could stand up to Tallahassee and tell them what the people in the County want.

Mr. Mark Schneider, a resident of Clermont, appeared before the Board and urged them to adopt the proposed changes to the LDRs, noting that he felt they were necessary to ensure the protection of the environment, to protect the property rights of all the residents of the County, and to ensure the extension of services in an orderly fashion, out from the urban centers. He addressed the issue of private property rights, noting that he felt all parties would benefit from a little more control, in a county that has been referred to as a classic example of urban sprawl. He urged the Board to also include the five year monitoring and inspection requirement on septic tanks in the Green Swamp, noting that ground water is already becoming a critical concern for the entire state and it is important that the County take precautions to prevent groundwater contamination in said area.

Mr. Claude Smoak, former Lake County Commissioner and a resident of Clermont, appeared before the Board and briefly discussed his political history with the County. He stated that he sat on a committee of eleven, appointed by the Board to develop LDRs and that, after hours and hours of meeting, not a single recommendation of that Committee was adopted. He stated that the Committee has since been disbanded and he was informed that Mr. Knight, Chief Planner, Planning and Development, had been instructed to rewrite regulations that will have a material and seriously damaging effect on Lake County, as a whole. He stated that he did not feel the Board should be in a position to tell people where they will live and restrict them from the freedom to make a choice about where they want to live, under the guise of providing services in a more economical manner. He stated that it is called "freedom" and he feels the Board is stepping on that freedom in a big way. He stated that, if DCA does not like what the Board is doing, they should make them prove that they are wrong and he feels the people will stand behind them. He stated that the people of the County elected the Board to represent them, not rubber stamp what DCA tells them to do.

Mr. Smoak discussed the issue of timeliness and the fact that no other county in Florida has such criteria in their Comprehensive Plan. He stated that it is a unique development order, written specifically and exclusively for Lake County. He questioned why it is that Lake County is unique in the entire State of Florida to have a development criteria called timeliness that cannot be met. He stated that it is numerically impossible to do, therefore, suggested that the Board take the initiative and leadership to do one of two things, being (1) eliminate it, or (2) make it read so that it makes sense. He stated that, at the present time, it does not make sense, cannot be met, and is purely a fabrication.

Mr. Smoak stated that there is no real purpose involved in the changes being proposed this date and that there are 130,000 acres of land in the County that will be worthless and cannot be utilized, much of it in an area that, through the policies being discussed this date, will be condemned to no use, since there is no alternative agricultural use. He requested the Board to not take the County's natural disasters and compound them, with what is being proposed this date. He requested the Board to look at the timeliness issue and take the leadership position of saying that the County is going to correct it, in a way that makes sense, and the people of the County will support them.

Commr. Swartz stated that he wanted to try to dispel any wrong impressions that he may have given about DCA. He stated that his greatest fear was not DCA, or what DCA will say regarding what the County sends them. He stated that he believes and supports the Growth Management Act and the State's Comprehensive Plan, because they are the laws of the State, thus, the laws of the County. He stated that he has stated repeatedly that he believes the County's Comprehensive Plan should be consistent with State law and noted that the Commissioners swear, by oath, that they will uphold State laws. He stated that he is also a realist and is not going to continue, as it has been urged in the past, to send things to DCA that he knows is inconsistent with the State Growth Management Act, inconsistent with the Comprehensive Plan of the State, thus State law, in the hopes that the County will get something and give people a belief that they are going to get something, when that is not the case.

Commr. Swartz stated that the reason Lake County is the only county in the State with timeliness criteria is because a Board that he served with was urged to create a land use map that had Suburban, hundreds, if not thousands, of acres of Suburban and there was no realistic chance that the State was going to let the County have a land use map that looked like that. He stated that DCA, in the Stipulated Settlement Agreement, insisted on timeliness and did it specifically with the understanding that they did not want to see development occur in those areas, until they could meet the timeliness criteria, which would be very difficult to meet any time in the foreseeable future, and that is why the County has it. Commr. Swartz stated that there are cases in the County that, because of the way the land use map was created and the thousands and thousands of acres that are on the map in Urban and Urban Expansion, in areas where it will be years before they are developed, allocations of density were given and then there are those cases where individuals should have been given density and should have been in Urban, or Urban Expansion, yet were not. He stated that the solution to the problem is one that he has advocated for at least two years, which is to reallocate densities from the areas that, clearly, cannot be used now, to those areas where it makes sense, where it may be around cities, where utilities are available, or in other areas where there is existing development on the ground, where they were denied and put in situations where they had to aggregate. He stated that he continues to support said approach and feels that it is an approach that the Board will take. He stated that some people will benefit from it, because their portion of the map will suddenly turn to a color that will be appealing and give them development opportunities, and some will not. He stated that he hoped the Board would, when it gets to that point, come up with a thoughtful, honest, fair, and equitable way to change the map, so that it is not done the way it was the last time. He stated that that is the way to solve it, not by trying to deal with timeliness, which is at the heart of keeping Suburban from developing.

Commr. Hanson stated that DCA shrank and changed the original land use map that was submitted to them, before they put the timeliness criteria in, and she wanted to clarify that fact.

Mr. Stephen Vaughn, a resident of Mt. Dora and member of the Planning and Zoning Commission, appeared before the Board stating that he was present representing two PUDs in the County, one of which had spent over $80,000 and the other over $100,000, in good faith, got PUDs, and now, with the timing of developments, they were going to be thrown out, because they cannot meet the timeliness criteria. He stated that government, from the Supreme Court down, is starting to side with property rights and he felt that, perhaps, the County does not realize what is going to happen. He stated that, when a person has spent the kind of money alluded to, not only will they win the money back that they have spent, but juries will award them a portion of the profits that they should have made on the property. He stated that this is being done in courts all over the United States and, if the Board throws out the PUDs, the County will be faced with class action suits. He then answered questions from the Board regarding the PUDs he was representing. He concurred with Mr. Smoak, stating that, if the Board would stand up to DCA, they would find that there will be some changes, because DCA is being scrutinized at the present time.

Commr. Hanson interjected that the Board had the opportunity, at the first of the year, to continue to allow PUDs not to be subject to timeliness.

Ms. Marjorie McDonald, the owner of Dora Point, appeared before the Board and gave a brief history of how she and her brother and sister came to own Dora Point. She stated that she started working on the PUD process for her development 6 years ago and has, to date, spent over $80,000. She stated that she is unable to meet the timeliness criteria and never will, which she elaborated on. She stated that she is being blocked every step she takes, in trying to maintain her PUD, and that is the reason nothing has been done with it, thus far. She stated that she does not have the money to meet the requirements of the PUD, so the property is for sale, however, no one has shown interest in the property, because they do not want to come into Lake County and deal with regulations that may change tomorrow.

Ms. Cecelia Bonifay, Attorney, representing a number of people present this date, as well as a number of people who were not present, appeared before the Board stating that she, too, was a member of the Land Development Regulations Advisory Committee and was concerned about the fact that the Committee met frequently, for many hours, for over one and one-half years, yet, their recommendations were not followed. She stated that the Committee felt what they did would make a difference, however, whether they were right or wrong will be determined by the action taken by the Board this date.

Ms. Bonifay addressed the issue of lot splits and how it effects some of her clients. She stated that she was concerned about where Lake County is going, or not going, and that she saw a schizophrenic entity in that, in one hand, the County is saying that it has got to stop all the bad development that has happened, yet, she does not see a lot of bad development that has occurred over the past few years, but a number of nice developments around the County. She noted that, when she first came to Lake County, approximately 8 years ago, there were more mobile homes in the County than conventional homes, noting that approximately 60% of all the housing in the County was mobile homes.

Ms. Bonifay stated that the Board's actions were illegal when they reinterpreted the County's Comprehensive Plan, on January 3, 1995, without going through a Comprehensive Plan Amendment. She stated that it was one of the most elitist things she had ever seen a governmental entity do, in her 20 +/- years working for, or before, local governments and was done with the advice of the County's counsel, which is violative of Chapter 163 of the Growth Management Act and the Comprehensive Plan Amendment process.

Ms. Bonifay requested the Board to not adopt the LDRs, because she does not feel that they are consistent with the Comprehensive Plan and the Board illegally attempted to amend the plan. She stated that the County is going to stop any Suburban, or Urban, development and she was trying to figure out where people are going to live in Lake County and what vision the County is trying to promote. She challenged the Board to stop talking about not being afraid of DCA and do something, noting that it has been six months and she has seen no initiative to redo the Comprehensive Plan in Lake County, nor has she seen any initiative to administratively rezone the County, to comply with the Comprehensive Plan. She stated that, if the Board was so hung up on carrying out the mandates of the law and enforcing that law, then she felt the Board had the perfect opportunity to do so, noting that nothing was stopping them.

Mr. Frank Kutch, a local realtor, appeared before the Board stating that he hoped the issue of the Comprehensive Plan and the LDRs was something that would continue to be discussed in public, because he felt that only then can the County find out what is in the hearts of the people and what is necessary for positive growth and development in the community. He stated that he had served on the Land Development Regulations Advisory Committee and was fearful that a lot of the Committee's recommendations were going to get lost in the shuffle of expedience. He stated that the County's economy was failing in Lake County, because the County has no direction, it is like a ship without a rudder, in some respects. He stated that Lake County is the County that no one wants to deal with. He stated that the County needs affordable housing and needs to use its resources to enable people to afford to own a home, to bring their children up, to go shopping and enjoy life as it was meant to be in Lake County.

Mr. Kutch stated that he would like to see the County honor the promises that were made to the taxpayers of the County in 1991, who invested in the County. He stated that they do not know what they can do with their land and he is not sure that he, nor anyone on the Board, can tell them what they can do with their land. He questioned why the County does not make land affordable and useable. He stated that he fears, if the County continues as it has, the impact fees that are going to be imposed are going to be so horrendous that the residents of the County will not be able to do anything for the future of their children, because it will be almost economically unfeasible to take a piece of land, subdivide it, and create affordable housing. He requested the Board to take the Committee's recommendations into consideration and remember promises that the County made to people several years ago, when they rezoned their land, and make some kind of arrangement where those people can utilize their land. He stated that the County has a contract with the people of Lake County and the County should honor that contract.

Mr. Marty Strawshine, a resident of Astatula and the developer of Bright Straw Subdivision, appeared before the Board stating that he was told one thing, only to find that six months later it had changed, which he elaborated on. He stated that, if the County is going to keep changing the rules, it is going to run into problems. He stated that some people in the County are at the point where they are almost ready to start suing the County for their property rights.

Mr. Greg Beliveau, Land Planning Group, Inc., appeared before the Board and addressed the issue of minor subdivisions, stating that he felt the Board should rethink it, because the minor subdivision process, as outlined this date, is no different than the regular subdivision process that the County presently has. He stated that what appears to be an answer to the problem is really not one, it is a camouflage, and should not be advertised as an answer.

Mr. Beliveau then addressed the issue of timeliness, stating that Land Planning Group, Inc. was the consulting firm that did the analysis at a hearing where they were defending the County against the individuals who had filed against the County's Comprehensive Plan. He stated that timeliness has been in the County since the Stipulated Settlement Agreement, he just feels that a lot of people misunderstood what it was. He stated that it says what it says and the criteria set up in it is very, very tough to meet. He stated that, in the analysis that was done by his firm, they found that between 70% to 80% of Suburban will not meet it and it is going to be one dwelling unit per five acres. He stated that he felt the Board needed to reassess that fact, one way or another. He stated that, if the County was going to accept the fact that it is a criteria, the Board needs to reassess what it is and get what it does not meet off of it and apply it to areas that it does comply with, because the County is holding out a carrot that does not exist. He stated that people look at it and see three units per acre and it is not there.

Mr. Beliveau stated that, if the Board did not want to do what he suggested, they could try to negotiate with DCA and come up with new criteria, because the criteria that is there can only be met by a very small amount of property owners. He stated that one of the problems the County has is rooftop counting and that, if the County can alleviate counting specific rooftops and look at lots that are platted, in subdivisions with public roads, water retention areas, and utilities already in the ground, maybe that is the way to offer some buffer to that criteria, so that the County will have some that can meet it, more than do at the present time, because counting rooftops does not work.

A brief discussion occurred regarding the matter of rooftops, at which time Mr. Knight, Chief Planner, Planning and Development, read into the Minutes what the LDRs state regarding an existing development.

Mr. Beliveau stated that, as long as the County has rooftops, the timeliness criteria is going to be very, very difficult to comply with. He stated that there are subdivisions in the ground with streets, utilities, street lights, and hydrants that have six houses in them, which cannot be counted as part of the timeliness criteria.

Commr. Swartz stated that said subdivision may not be counted for timeliness, but they can develop.

Mr. Beliveau stated that that subdivision can, but the developer next door, who can tap into the same utility systems, cannot. He stated that there may be a municipality less than one parcel away that cannot meet the timeliness criteria. He stated that, if the Board was not going to change the criteria, then they should be realistic and look at it for what it is and reassess the land use map. He stated that, if the Board did not want to reassess the map and wanted to alleviate the problem, they could probably negotiate the following (1) timeliness; (2) minor subdivisions; and (3) minor lot splits.

Commr. Gerber requested staff to compile a checklist of things that a developer has to do, in developing a subdivision versus a minor subdivision, for the Board's perusal.

Mr. Howard Barry, a resident of Clermont, appeared before the Board stating that he felt the suggestion to remove the issue of timeliness was ridiculous and that he did not see any reason for flag lots to remain in the Comprehensive Plan. He stated that, with regard to variances, he felt they should only be granted in cases of extreme hardship, rather than at whim. Regarding the issue of the start up time of six months to nine months, he felt that follow-up on approved plans was more important than the start time, to make sure that the approved plans are carried out, from A to Z. He stated that, with regard to septic tanks in the Green Swamp, he felt that review of the septic system every five years was hardly unreasonable. He stated that, regarding the matter of roads, he felt that all lots within a subdivision should be accessible by an adequate road. Regarding the issue of the Comprehensive Plan, he feels that the County has the problem of squaring away the messes that have been laid on the laps of the people of the County down through the years, caused by the cities and counties in the State, through inadequate, unreasonable, and unreliable planning. He stated that the same applies to impact fees. He briefly commented on Mr. Havill's remarks and urged the Board to approve the amendments before them this date.

Ms. Rebecca Jetton, representing the Department of Community Affairs, appeared before the Board stating that DCA is very encouraged by the County moving forward to adopt the LDR amendments before them this date, noting that the septic tank program and the minor subdivision ordinance are especially important to DCA. She stated that Chapter 177 of the Florida Statutes establishes the minimum criteria for subdivisions and that, in the past, the County's lot split process created subdivisions without requiring people to comply with said law. She applauded the Board for biting the bullet and trying to establish said regulation.

Ms. Jetton stated that the country lives in a complex world that is changing fast, noting that the County's population is going to double over the next fifty years, however, the County's natural resources and land are going to remain the same. She stated that the State has to plan for the future and cannot continue to make decisions as it has in the past. She stated that the Growth Management Act requires that the County adopt regulations to implement its plan, within a year of adoption of the plan, so she feels that going forward with the regulations before the Board this date is the appropriate and lawful thing for the Board to do. She stated that she respected the hard decisions that the Board was making.

Mr. Silbernagel reappeared before the Board stating that he was a real estate broker and had many clients who were considering purchasing property and who had put deposits on property and did not know if they should forfeit their deposits, or follow through with their transactions. He stated that there were individuals who would like to market property, however, his firm is afraid to market it for them, because they do not know what they can or cannot do with it. He questioned what the next step would be and questioned whether individuals had time to divide their property, or whether they should hold off and not buy or sell property in Lake County at the present time.

Mr. Rolon Reed, Interim County Attorney, stated that, in answer to the first question, he felt that it would be very unadvisable and that, in answer to the second question, the Board is required to listen to two public hearings, on two separate occasions, before making up their minds and that they will do so at the next public hearing, scheduled for May 2, 1995, at 6:00 p.m.

Mr. Tim Hoban, Senior Assistant County Attorney, interjected that anyone who is in the application process would have six months to continue through the process, but they must complete it within six months of May 14, 1995, which will be the effective date of the ordinance.

Mr. Dave Batman, a local resident, appeared before the Board and questioned what the consequence would be if one did not meet the deadline, as opposed to making a rash decision about it.

Commr. Swartz stated that there would be a very real and practical consequence, noting that, at the present time, staff has a very difficult time implementing the Comprehensive Plan, which the County is obligated to do, so LDRs provide guidance for staff and enables them to be able to answer questions, which is very difficult for them to do at the present time, because the Comprehensive Plan, in some areas, is general and the LDRs are designed to be more clear and specific. He stated that staff has been struggling, since March of 1993, without LDRs and the County was obliged to enact them within one year, which would have been March of 1994. He stated that, being it is now past March, 1995, it is important for the County to enact regulations, so that the County's staff can work with citizens who are trying to develop, or alter land, aside from what DCA might want the County to do.

Commr. Hanson stated that she was not opposed to going back to where the County was, without any changes, or with minor changes, but that she was also willing to look at what the Land Development Regulations Advisory Committee's final recommendation was.

Further discussion occurred regarding the Comprehensive Plan and the fact that the County is required, by law, to comply with it.

Commr. Swartz stated that, if there are aspects of the Comprehensive Plan that are not being adhered to, they are things that should be complied with and the County needs to get on it.

Ms. Jetton stated that there is a clause that states that other parts of the Comprehensive Plan shall also comply and that she had not been comfortable with that statement, up to this point in time, but had a feeling that the Board was going to deal with it, however, she no longer felt that way. She assured the County that, if the matter is not dealt with, DCA will not adopt the plan for the Green Swamp and it will not be in effect.

Mr. John Whitaker, a local property owner, appeared before the Board and questioned whether they had talked to any property owners about the issue of open space, to see how they felt about it. He stated that Tallahassee acts like ones property is their property and questioned whether the property owner has any rights. He stated that ones property is the only thing one has left and then Tallahassee says they are going to control it and take it away from them. He stated that he was tired of government being in his life and was ashamed to have to beg them to stay out of his business.

Commr. Hanson stated that everybody is trying to do their job, but the State, as well as the Board, needs to hear what people in the County are saying about the impact that the regulations are having on the little guy and the property owner.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Commr. Swartz requested that the handout from Mr. Knight, regarding the proposed amendments before the Board this date, as well as the other handouts, pertaining to the issue of Bed and Breakfast Inns, mobile home language that the Board requested be clarified, the determination on non-conforming use language, and the chart regarding towers be copied and made available for the general public to review.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:30 p.m.



_______________________________

RHONDA H. GERBER, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



sec/4-18-95/6-21-95/boardmin