A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 24, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, March 24, 1998, 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: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; and Sandra Carter, Deputy Clerk.

STUDENT GOVERNMENT DAY

The Chairman announced that students from various high schools in the County were present at this meeting, participating in the first part of Student Government Day, and would be back April 14, 1998, for the second part, at which time they would actually conduct a meeting.

The meeting was opened with a moment of silence, after which Commr. Good led the Pledge of Allegiance.

AGENDA UPDATE

It was noted that there were three Addendum to today's Agenda, which had been properly advertised.

Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda a discussion and request for action, with regard to the Ackerbloom/Maritec Industries contract. He suggested that it be discussed at the time that the issue of the road work system for Phase II of the Christopher C. Ford Central Park is addressed.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

VACATIONS

PETITION NO. 861 - ELAINE YATES - YALAHA

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board, stating that this request involved Petition No. 861, by Elaine Yates, to vacate a right-of-way (Illinois Street), in the unrecorded map of Bloomfield, Section 21, Township 20, Range 25, in the Yalaha area - Commissioner District 3. He reviewed an aerial of the property in question, indicating the proximity of the vacation, in relation to the property lines around it. He stated that there were no letters of support or opposition on file. He stated that staff discussed the vacation request with the property owner adjacent to Ms. Yates' property, who had no objection to the vacation.

The Chairman opened the public hearing.

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

No one was present in opposition to the request.

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

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-50 - Vacation Petition No. 861, by Elaine Yates, to vacate a right-of-way (Illinois Street), unrecorded map of Bloomfield, Section 21, Township 20, Range 25, in the Yalaha area - Commissioner District 3.

PETITION NO. 862 - JORGE E. TORRES AND MARIA L. PUIG - LADY LAKE

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board, stating that this request involved Petition No. 862, by Jorge E. Torres and Maria L. Puig, to vacate drainage and utility easements, in Harbor Hills, Unit 1, Section 13, Township 18, Range 24, in the Lady Lake area - Commissioner District 5. He stated that the vacation was to clear title, noting that two lots were being joined. He stated that the easements in question were blanket easements throughout the subdivision and were not being utilized for utilities or drainage.

The Chairman opened the public hearing.

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

No one was present in opposition to the request.

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

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-51 - Vacation Petition No. 862, by Jorge E. Torres and Maria L. Puig, to vacate drainage and utility easements, in Harbor Hills, Unit 1, Section 13, Township 18, Range 24, in the Lady Lake area - Commissioner

District 5.

PETITION NO. 863 - BLAINE G. VERMEULEN AND JOHNNIE B.VERMEULEN - MT. DORA

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board, stating that this request involved Petition No. 863, by Blaine G. Vermeulen and Johnnie B. Vermeulen, to vacate a right-of-way, in Lake Gertrude Groves, Section 24, Township 19, Range 26, in the Mt. Dora area - Commissioner District 3. He reviewed an aerial of the property in question, stating that there is a cul-de-sac that ties into Orange Avenue and that, when the new plat was granted, the underlying plat was never vacated; therefore, Orange Avenue encroaches onto several lots. He stated that there were no letters of support or opposition on file.

The Chairman opened the public hearing.

Mr. Ed Clement, Attorney, Potter, Clement & Lowry, representing the applicants, addressed the Board, stating that the underlying plat has not been vacated; therefore, Lots 6, 8 and 9 on Orange Avenue are in jeopardy, as a result of it. He stated that he felt Lots 1, 2 and 3, on Lakeview Avenue, may not have been vacated, as well. He stated that the original plat should have been vacated during the replatting process, however, he understood that sometimes the County takes the initiative in clearing up problems that have been administrative errors, in the past. He stated that his firm has done the title work for Orange Avenue and would be glad to donate what they have to the County, so that other homeowners will not be hurt, as a result of the plat not being vacated.

It was noted that the matter would be put on a future agenda, for action, to vacate the remainder of Orange Avenue and possibly Lakeview Avenue, as well.

No one was present in opposition to the request.

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

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-52 - Vacation Petition No. 863, by Blaine G. Vermeulen and Johnnie B. Vermeulen, to vacate a right-of-way, in Lake Gertrude Groves, Section 24, Township 19, Range 26, in the Mt. Dora area - Commissioner District 3.

Commr. Swartz suggested that staff look into the matter more comprehensively, to see if they can identify other plats that are in the same situation and deal with them.

Mr. Stivender stated that it would be a massive undertaking, noting that there are a lot of the same type situations throughout the County. He noted, however, that he would research the matter and bring some information back to the Board, at a later date.

REZONING

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and requested approval to postpone Rezoning Case No. PH7-98-2, Cleveland and Gladys Kuharske, Lake County Fire and Emergency Services, for a fire station, until a later date, noting that some issues came up with the Green Swamp Area of Critical State Concern and staff would like to resolve those issues, before moving forward.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to postpone Rezoning Case No. PH7-98-2, Cleveland and Gladys Kuharske, Lake County Fire and Emergency Services, until a later date.

PETITION NO. PH12-98-5 - RM TO R-8 - BASIL AND DONNA KERSHAW

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this request involved the Lake Yale/Kings Peninsula area. She stated that the applicants were requesting permission to build a site built home in an RM (Mobile Home Residential) subdivision; therefore, staff was requesting authorization to rezone the subdivision to R-8 (Mobile or Mixed Residential), for the placement of a single family home on the site.

The Chairman opened the public hearing.

It was noted that the applicant's representative was present in the audience.

No one was present in opposition to the request.

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

A motion was made by Commr. Cadwell and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1998-22 - Basil and Donna Kershaw, Rezoning Case No. PH12-98-5, Tracking No. 13-98-Z, a request for rezoning from RM (Mobile Home Residential) to R-8 (Mobile or Mixed Residential), for the construction of a single family residence.

Under discussion, Commr. Hanson questioned whether the area in question was the same area in which the County had opposition to a conventional home being constructed.

Mr. Farrell stated that it was not.

Commr. Hanson questioned whether the residents of the subdivision might want to have a county initiated rezoning, to allow conventional homes.

Ms. Farrell stated that staff has talked to the residents, individually, as they have come into the Growth Management office; however, noted that they do not have an organized group to handle the matter and do not know, as the lots sell, what the individuals purchasing the lots want to do. She noted that there are, currently, four or five conventional homes in the subdivision.

Commr. Hanson questioned whether the County could move forward with a county initiated rezoning and, if so, would like to see that occur, rather than require the individuals to pay the fees, one at a time. She stated that she assumed the residents were replacing mobile homes with conventionally built homes.

The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

Commr. Hanson stated that she would like for staff to come back to the Board with a recommendation, regarding the matter, at a later date.

PETITION NO. 9-98-3 - C-2 AND CP TO CFD - GREG AND CAROL GRUETZMACHER

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this case involved one and one-half acres in the Tavares area, on Merry Road, consisting of C-2 (Community Commercial) and CP (Planned Commercial) zoning. She stated that the applicant was requesting approval to rezone to CFD (Community Facility District), for the construction and operation of an Adult Congregate Living Facility, which she noted will hook up to the City of Tavares water and sewer. She stated that the request was a good use for the site and staff was recommending approval. She stated that there was no opposition to the request and noted that the amendment to the Ordinance was that the setbacks shall be 50 feet from all rights-of-way.

It was noted that any other setbacks will be whatever is required by the Code.

The Chairman opened the public hearing.

Mr. Jimmy Crawford, Attorney, Steven J. Richey Law Firm, representing the applicant, addressed the Board, stating that the applicant agreed with staff's recommendations.

No one was present in opposition to the request.

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

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-23 - Greg and Carol Gruetzmacher, Steven J. Richey, Attorney, Rezoning Case No. PH9-98-3, Tracking No. 14-98-CFD, a request for rezoning from C-2 (Community Commercial) and CP (Planned Commercial) to CFD (Community Facility District), for the construction and operation of an Adult Congregate Living Facility.

PETITION NO. PH11-98-4 - A TO CFD - DAVID L. BROWN, LAKE COUNTY SCHOOL BOARD

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this request involved a 30 acre site on Round Lake Road, in the Mt. Dora area, which she noted is located in Mt. Dora's Joint Planning Area, as well as their utility service area. She stated that the applicant does not have any immediate plans to run water and sewer to the site, so the School Board is proposing a package plant and well. She stated that the request was consistent with the Lake County Comprehensive Plan; therefore, staff was recommending approval. She stated that there was no opposition from the surrounding neighbors and the site is located within four minutes of a paid fire station. She stated that staff was recommending approval.

The Chairman opened the public hearing.

Mr. Gene Molnar, representing the Lake County School Board, addressed the Board and responded to a concern they had, with regard to a future mandatory connection to water and sewer, which it was noted was not included in the Ordinance.

Mr. Molnar stated that it was the School Board's intent to cooperate with the County, in terms of the hook-ups, etc. He stated that they will do whatever is necessary to get the school started and, at the appropriate time, will hook up to water and sewer.

Commr. Swartz stated that the Code would require it, however, just to make sure that the School Board was aware of it, staff had additional language regarding the matter, which he noted basically mirrors the County's code requirement that the connection be made, when the service is available.

Mr. Molnar stated that the School Board was agreeable to that.

No one was present in opposition to the request.

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

Commr. Hanson stated that she would support the request, however, would much rather see the school located in Mt. Dora, Sorrento, or both, rather than in between the two.

Commr. Swartz stated that he shared Commr. Hanson's feelings, in that regard, although he was aware of the fact that the School Board is limited in where it can find parcels that meet their requirements. He stated that he feels it puts more of a burden on everyone, when schools are located outside of urban areas.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-24 - David L. Brown, Lake County School Board, Rezoning Case No. PH11-98-4, Tracking No. 15-98-CFD, a request for rezoning from A (Agriculture) to CFD (Community Facility District), for the construction of a public school facility.

PETITION NO. PH13-98-5 - R-1 TO A - ANNE T. BAINS

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this case involved 13 acres in the Umatilla area, under the land use category of Rural, which the applicant would like to rezone from R-1 (Rural Residential) to A (Agriculture). She stated that staff felt the request was a good use of the land and was recommending approval. She stated that there was no opposition from the applicant's immediate neighbors and noted that the Planning and Zoning Commission approved the request, by a 7-0 vote.

The Chairman opened the public hearing.

It was noted that the applicant's representative was present in the audience.

No one was present in opposition to the request.

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

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-25 - Anne T. Bains, Bonnie Roof, Representative, Rezoning Case No. 13-98-4, Tracking No. 17-98-Z, a request for rezoning from R-1 (Rural Residential) to A (Agriculture), for an apiary/honey processing facility.

PETITION NO. PH10-98-3 - RMRP TO CP - CURT ROSS, LESLIE CAMPIONE, ATTORNEY

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that this case involved an RMRP (Mobile Home Rental Park Residential) park, consisting of six acres, that has been in existence since the mid-1960s, located in the regional commercial area along Hwy. 441, in Leesburg. She stated that the applicant was requesting a CP (Planned Commercial) zoning, for future expansion and changes to the existing parcel. She stated that the applicant was requesting CP, to eliminate some potential C-2 uses that could be placed on the site in the future, such as auto repair, auto service, bar, car wash, consumer repair, general retail, theaters, warehouses, etc. She stated that staff limited the uses, as indicated on Page 2 of the Staff Report, to more commercial recreational resort type uses, to include a hotel, some conference facilities, a marina, restaurant, tourist retail, and other tourism uses. She stated that there were some concerns by staff, with regard to the potential development of the property, regarding transportation impacts and traffic studies. She stated that staff had not yet obtained a traffic study for said parcel, however, noted that they will obtain one prior to any development of the site. She stated that there was no opposition to the request and noted that it was approved by the Planning and Zoning Commission, by a 7-0 vote. She stated that staff put the applicants on notice that there will be some transportation issues and that they will have to meet all the County's environmental regulations and wetland setbacks. She stated that the request meets the County's Comprehensive Plan and staff was recommending approval.

Commr. Swartz questioned whether staff had obtained a proposed site plan or development plan from the applicant.

Ms. Farrell stated that they had not. She noted that the applicant had a 50 foot access from the site onto Hwy. 441.

Commr. Swartz questioned whether there was a proposed use for the property, at the present time.

Ms. Farrell stated that the existing use will be in place, until the applicant has a buyer, or until they are in the market for a hotel/resort complex and accessory uses, as far as the restaurant and tourism uses are concerned. She stated that the applicant presently has a bait shop and some of the accessory uses will probably be upgraded. She stated that she felt the applicant was banking on some of the changes, with regard to the Leesburg Municipal Airport, as far as what will happen with that corridor.

The Chairman opened the public hearing.

Ms. Leslie Campione, Attorney, representing the applicants, Curt and Betty Ross, addressed the Board, stating that the applicants intend to continue using the property as a resort, at the present time, and have no intention of making any changes; however, they want to have the ability to market the property, in the future, for a resort. She stated that, at that point in time, the existing uses would be halted and a motel or restaurant and accessory type uses would probably be constructed on the site. She stated that they were careful to eliminate the other C-2 uses that they did not feel would be appropriate for the property. She stated that it is a gorgeous piece of lakefront property and has tremendous potential for tourism type uses. She stated that there is a 20 foot wide easement that accesses Hwy. 441, west of the Blood bank, that the applicants utilize and share with some residential homes in the area. She stated that the applicants understand, for purposes of developing the property for a hotel or more intense use than what is currently in place, they will have to make improvements, if they have not already done so, which may involve acquiring additional right-of-way.

Commr. Good noted a concern he had of maintaining a proper aesthetic view of the shoreline from Lake Harris and that the project not get oriented to the highway, but be developed in such a way that it maintains the natural beauty and biological and ecological productivity of the shoreline, with two fronts, rather than a front and back, as he noted sometimes happens with commercial corridors.

Ms. Campione interjected that the applicants do not own the parcel of property located between the property in question and Hwy. 441; therefore, they will not be developing anything that is a highway type use. She noted that there is currently a marina located on the property that will continue to be utilized.

No one was present in opposition to the request.

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

Commr. Swartz stated that he could appreciate the applicants' desire to position the property for marketing, however, felt the Board would be making a mistake by going forward with something that could have such a significant impact, without the slightest idea of what was going to be constructed on the property, how the 20 foot easement was going to be changed, and how access to the property will be handled. He stated that he could not support the request, with nothing but a concept.

Commr. Gerber stated that she was concerned about the traffic issue and feels the Board should wait to see what is going to be constructed on the site.

Commr. Cadwell stated that he has confidence in the rules that are in place and feels that staff will make sure all the County's rules are abided by. He stated that, if the Board is not confident in the County's rules, he does not feel they should vote in favor of the request; however, if they are confident in them, feels the process will handle the concerns they expressed.

Commr. Good stated that he could not support the request, without some sort of site plan, so that he has an idea of what will be constructed at the site and not just the traffic improvements that will be made, but how they will be compatible with traffic improvements on Hwy. 441.

Ms. Campione readdressed the Board and requested them to let her formulate a site plan, to bring back to the Board at a later date, to give the Board the level of comfort that they are looking for, in order to approve the request.

Commr. Swartz stated that a site plan, in itself, is not the only issue, but knowing that what is being proposed for the site is appropriate. He stated that the applicants can come back with a site plan, but it still does not answer the underlying question of what the ultimate access is going to be to that property. He questioned whether the County wanted to put that much more traffic on Hwy. 441, that is already severely impacted.

Commr. Hanson stated that the County has concurrency, which should take care of the traffic concerns. She stated that the site is the perfect location for eco-tourism, which the County says it wants. She stated that she felt the Board should give the applicants the ability to know that the Board is in agreement with the request and that they can move forward with their plans. She stated that she would at least like for the Board to give the applicants the opportunity to come back with additional information.

Commr. Gerber stated that she was not opposed to the concept, however, feels the Board has the responsibility to make the right decision and she does not feel good about the request, at this time.

A motion was made by Commr. Good and seconded by Commr. Gerber that the Board overturn the recommendation of the Planning and Zoning Commission and deny a request for rezoning from RMRP (Mobile Home Rental Park Residential) to CP (Planned Commercial),for future expansion and renovation to an existing fish camp "Anglers Resort", to allow for hotel/motel, resort and conference facilities, marina, restaurant and accessory retail/commercial uses, including retail shops, bait shop, watercraft rentals and charters, boat tours, and other tourism-related activities, but that it be denied without prejudice, so that it can be brought back before the Board at a later date, with additional information, particularly that of future traffic improvements on Hwy. 441 that may accommodate an increased use in traffic, as well as a site plan that will give the Board some assurances as to what level of use is being proposed.

Under discussion, Commr. Cadwell stated that the County has a mechanism in place to take care of all the concerns expressed this date, other than a concern to use zoning to control the traffic problem.

Commr. Swartz stated that the County has far more in the LDRs than there used to be and staff does a better job of reviewing them; however, he did not have that comfort level.

Commr. Good stated that this was an unusual situation, where the Board needed to pay close attention to the proposals that were being made for the use. He stated that the use itself is not a question, but the kinds of impacts that that use will have, based on the fact that a lot of projects are going to go in around this project, was the reason he was asking for more information about the impacts on the adjacent surrounding properties, as well as on the lake (Lake Harris), which he noted is a real treasure for this part of the County.

Commr. Hanson stated that an Office Max was going to be constructed between the site in question and Hwy. 441, which will have a significant impact on the highway, and she did not remember it coming before the Board with any discussion, therefore, felt the Board was being selective, with regard to this project. She stated that she was confident staff will deal with concurrency and with the transportation issue.

Commr. Swartz stated that he has, for a long time, felt the County was making a serious mistake in any of its planned commercial, or planned industrial zonings, when they approve something without any idea of what is going to be constructed on the site. He stated that, with a CP zoning and the intended uses, the applicants could sell the property tomorrow and whoever purchases it would have to meet the minimum requirements, but the question is whether that is the best use for that property, given the constraints on the highway, with the Office Max that is going in and the Home Depot that is in place.

Commr. Hanson stated that she did not feel the County should have a policy where someone can apply for a CP, without having the uses. She stated that the policy needs to be changed, so that the public will not move forward with expectations that the Board will not live up to.

Commr. Good stated that he wanted to clarify the fact that he was not singling out this project, as Commr. Hanson had alluded to. He stated that this case was different from putting an Office Max, or a Home Depot, on the highway. He stated that he felt any project like this one would have to be given a little more scrutiny, which is what the information being requested is trying to do.

The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.

Commrs. Hanson and Cadwell voted "No".

PETITION NO. MSP94A/10/2-2 - EXTEND TIMEFRAME OF APPROVED PEAT MINING OPERATION - A. E. LANGLEY/JACK REINER/FLORIDA SOILS, INC./O'BRIEN MINE

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this case involved 440 acres in the south Lake County area. She stated that the case was originally brought before the Board in 1994, at which time one of the conditions placed on the Ordinance was that the applicants commence work within a specified period of time, which was three years. She stated that the applicants have not started the work yet, so they are requesting an extension of that timeframe. She stated that the site is in the Rural land use category, which she noted they met in 1994 and still meet today, as well as the Land Development Regulations. She stated that Water Resource management reviewed this plan in 1994 and again in 1998 and are comfortable with it. She stated that the facility is located approximately 10 minutes from a paid fire station. She stated that there was no opposition to the request and noted that it was approved by the Planning and Zoning Commission, by a 6-1 vote, for an extension of time, for an approved peat mining operation, for three years.

The Chairman opened the public hearing.

Mr. Ted Wicks, Wicks Consulting Services, Inc., representing the applicants, addressed the Board to answer any questions there might be regarding the case.

It was noted that one of the applicants was present in the audience.

No one was present in opposition to the request.

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

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-26 - A. E. Langley/Jack Reiner, Florida Soils, Inc./O'Brien Mine, Rezoning Case No. MSP94A/10/2-2, Tracking No. 19-98-MSP/AMD, a request to extend the timeframe of an approved peat mining operation for three (3) years.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Accounts Allowed/Contracts, Leases and Agreements/Community Services



Request from Community Services for approval and execution of the First Amendment to the Agreement between Lake County and the Withlacoochee Workforce Development Authority, Inc., for annual grant funding, in the amount of $38,500.00.



Community Services/Resolutions

Request from Community Services for approval and execution of Resolution No. 1998-53, recognizing the accomplishments of Lake County volunteers and declaring April, 1998 as Volunteer Month in Lake County.



ADDENDUM NO. 2

OTHER BUSINESS

BOARDS AND COMMITTEES

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board appointed Mr. Leon Bibb as the Lake County League of Cities representative on the Lake County Industrial Development Authority.

RECESS AND REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

ADDENDUM NO. 3

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY PROPERTY/FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board regarding the issue of selecting the type of road work system to be built within Phase II of the Christopher C. Ford Central Park.

Mr. Alvin Jackson, Jr., Deputy County Manager, introduced Mr. Bruce Duncan, the newly appointed Economic Development Manager for Lake County.

Mr. Anderson reviewed the various roadway scenarios to be considered for the industrial park (contained in the Board's backup material), noting that there were originally four scenarios; however, they have added an additional one, for a total of five. The issue of the Fairgrounds and what type of roadways will be needed for it was briefly discussed.

Mr. Anderson recommended that the Board go with Scenario Four, which is Scenario Three (Base Bid with two land, service roads two lanes), less the service roads. He stated that it would be a continuance of Independence Boulevard as a two-lane road and, if the results of the traffic study indicate that there is a higher traffic count than anticipated, the County can adjust for it at that time. He noted, however, that he does not feel that is going to be the case.

Considerable discussion occurred regarding the matter, at which time Commr. Cadwell stated that his interest is in making sure that a roadway is built that is going to allow the Industrial Development Authority to market the rest of the industrial park and he feels that Scenario Four will do that; therefore, that is the scenario that he will support. He stated that the issue of the Fairgrounds and roadways that may be needed for it can be addressed at a later date. Mr. Don Griffey, Director of Engineering, Public Works, addressed the Board and answered some concerns they had regarding various configurations for Independence Boulevard and which configuration he would recommend, from an engineering and traffic control viewpoint. He recommended that Independence Boulevard be laid out in such a way as to have an intersection at its entrance to the proposed Fairgrounds site, rather than have it curve continuously through the park, without any intersections.

Mr. Anderson stated that he felt the County needed to keep the roadway as simple as possible and follow the original layout of a two lane curved road, for Independence Boulevard, until such time as the County comes up with a final design for the Fairgrounds, or for industrial parcels, whichever way it may be and deal with the issue at that time.

Commr. Hanson stated that she would like to see the Board go with the simplest plan, because she feels the County needs to keep the flexibility. She stated that she did not feel the Fairgrounds will be located at the site, but, whether it is or not, does not feel that the County should lock itself in at this point in time.

A motion was made by Commr. Cadwell and seconded by Commr. Good to approve a request from Facilities and Capital Improvements for approval of Scenario Four (Scenario Three, less the service roads), in the amount of $1,663,200.00, as the type of roadway system to be built within Phase II of the Christopher C. Ford Central Park.

Under discussion, Mr. Anderson suggested that the Board might want to discuss the issue of funding for the roadway project, noting that, in the Board's backup material, they would find a funding source consideration, which outlines three options for same.

Commr. Cadwell stated that, in researching the matter, he felt Option 3 (Pay engineering out of the Industrial Park Fund and borrow construction funds from the General Fund, repay with land sales) would be the best option, as the funding source for same.

It was noted that the Board would vote on the motion before them and handle the funding issue in a separate motion.

The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

Ms. Sue Whittle, County Manager, addressed the issue of the funding source for the roadway project, noting that staff feels Option 3 would be the best option for the County, at this point in time. She noted that, as indicated in the Board's backup material, Options 2 and 3 would allow a payment of approximately $1 million to $1.2 million to the line of credit debt for this year and Option 1 would drop it to approximately $950,000.00. She stated that, if the County realized more in land sales, over the balance of the year, they could increase that, but staff felt that Option 3 gave the County the most flexibility and was the better option.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager for approval of Option 3 as the funding source for projected expansion expenditures for infrastructure for Christopher C. Ford Central Park.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/COUNTY PROPERTY

Mr. Sandy Minkoff, County Attorney, addressed the Board regarding the issue of Maritec Industries, stating that the owners of Maritec, the Ackerblooms, have asked that the property they initially contracted to purchase be adjusted. He stated that they would like to purchase a 7 acre parcel and then take a one year option on an additional 20 acre parcel.

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, reviewed a plat of the industrial park, indicating the parcels in question, and answered questions from the Board regarding same.

Mr. Minkoff stated that, if the Board approved the request, it would take a contract amendment and the County would have to readvertise the two parcels in question. He stated that the reason the matter was brought up this date, without being on the Agenda, was due to the fact that Maritec Industries is interested in moving forward and would like to close the first part of April, 1998, as soon as the County can get the advertising done.

It was noted that there were two issues that needed to be discussed and acted on, with regard to Maritec Industries, being (1) the purchase of the additional property, and (2) an issue involving the conservation easement that currently exists at the site.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place said items on the Agenda, for discussion and action, if necessary.

Mr. Minkoff, County Attorney, addressed the second issue, stating that, when Phase I of the Christopher C. Ford Central Park was platted, a conservation easement was placed on the entire Church Lake property and, since Maritec Industries is planning to use the lake to test their boats, they need to have access to it; therefore, it will be necessary to require a modification to the conservation easement, to allow said use.

It was noted that the County would have had to modify the conservation easement to some extent anyway, with regard to the previous parcel that Maritec Industries was looking at.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an amendment to the contract with Maritec Industries, to allow them to purchase an additional 7 acres in the Christopher C. Ford Central Park, with an option for one year, for an additional 20 acres, at the same purchase price of $20,000.00 per acre.

Commr. Good stated that, during previous discussions regarding Maritec Industries, the Board was very concerned about the hours of operation and access to the lake, for the public, in addition to the access for Maritec Industries, and he would like for staff, in the negotiations, to revisit the discussion the Board had. He stated that the issue of how many boats will be tested, how often, at what hours, etc., were discussed and he feels these are the kinds of things that need to have close attention paid to them, in order to protect those people who own the private property adjacent to the industrial park.

Mr. Bruce Duncan, the newly appointed Economic Development Manager for Lake County, interjected that he had spoken to Mr. Ackerbloom and was informed that they would need no more than one hour per day on the lake, as far as testing the boats is concerned. He agreed with the County putting time limitations on the testing of the boats, from 10:00 a.m. to 2:00 p.m., for the benefit of the surrounding property owners.

Mr. Minkoff stated that he felt the matter would have to come back before the Board, at a later date, to allow the use of Church Lake for same.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, by a 4-1 vote, the Board approved a request from the County Attorney to allow Maritec Industries to modify a conservation easement that currently exists for Church Lake, to allow them to test their boats in said lake, and to direct staff to proceed with whatever it takes to allow said use.

Commr. Gerber voted "No".

ADDENDUM NO. 2

REPORTS

COMMISSIONER GOOD - DISTRICT 2

WATER RESOURCES/STATE AGENCIES

Commr. Good brought up for discussion the issue of the permit application for the Lake Lowery Outfall, by Polk County, noting that there had been some additional actions taken and requests made, since the Board's last discussion regarding the matter. He stated that the Board took a very clear position in the Resolution that they approved at a previous meeting, with regard to the permit, which will allow for the construction of a water diversion structure that will remove St. Johns River water away from the St. Johns Basin and into the basin that feeds the Peace River. He stated that, since the Board took its position, a meeting was held with Polk County, Lake County, the Southwest Florida Water Management District (SWFWMD), the St. Johns River Water Management District (SJRWMD), and residents of the Lake Lowery area, which was supposed to be focused on the reason for the SJRWMD to grant a permit to divert the water southward. He stated that there was a discussion regarding a hydrological study; however, there was no scientific evidence given to support the permit to move the water in the other direction. He stated that, since that time, there has been more rain and there are some properties that are being threatened with higher water. He stated that he feels some of the permits that were granted in that area have created the problems for the homes.

Commr. Good stated that, since that scenario has unfolded, the Polk County Commission has requested an emergency permit, which he feels somewhat circumvents the usual process of obtaining a permit. He stated that they have asked the staff of the SJRWMD to halt the construction of the diversion structure, on an emergency basis. He stated that it is not normal to authorize a structure to be built on a permanent basis, to deal with an emergency situation; therefore, the action seems to be contradictory and seems to be circumventing the usual permit process. He stated that the permit is asking for the construction of a permanent water diversion structure from Lake Lowery to the south and the Board, in its Resolution, opposed that. He stated that he felt the Board needed to revisit its position. He stated that there are other agencies that are actively opposing the emergency request, realizing that there is some threat to the resource, with the high water, but also realizing that the threat will subside and is not a permanent threat. He stated that he felt the Board needed to redefine, or reaffirm, its position on the diversion project and communicate that to the SJRWMD, or take action to address the emergency request.

Commr. Cadwell stated that he was not willing to enter into any type of lawsuit at this time. He stated that he wanted to make sure the Board had exhausted everything it could, making sure that, if there is some other way of doing it, to do so - anything short of getting into a court battle with a neighboring county over an issue that has been forced upon them. He suggested that the Board not ignore that end of it.

Commr. Hanson stated that that is what the SJRWMD and the SWFWMD are in place to do. She stated that they are to look at more than isolated incidences, they are to look at the big picture and multi-county. She stated that she hoped they did not start looking at individual isolated incidences.

Commr. Gerber stated that she felt the letter, contained in the Board's backup material, from Mr. Jimmy Crawford, Attorney, representing the Lake County Water Authority, to Mr. Henry Dean, Executive Director, St. Johns River Water Management District, indicating that they do not object to the use of an emergency authorization, to allow temporary pumping or temporary culverts, to alleviate the immediate flooding process, she feels is a common sense approach to the matter. She stated that, perhaps, the Board could do the same thing they are doing.

Commr. Good stated that he realized the SJRWMD is supposed to look at the big picture, but the picture is not two to three months of high water - the big picture is the fact that the mitigation of this is to get out of the way of the water. He stated that the SJRWMD, by granting this permit, on a permanent basis, is not looking at the big picture, they are looking at the short term political solution. He clarified the fact that the Board still supports its Resolution, but is amenable to temporary measures, on behalf of the SJRWMD, to be permitted, to help Polk County, but opposing permanent diversion of the St. Johns River water to the Peace River.

Mr. Minkoff stated that staff needed a little more direction than just a reaffirmation of the Resolution. He updated the Board on what has occurred to date, noting that the SWFWMD has issued the permit and four petitions for administrative hearings have been filed against it - two by Lake County groups, one being the Lake County Water Authority and another being an individual, and two by groups in Polk County, who live on the downstream side, on Lake Henry. He stated that the administrative hearing process is beginning to start and the SJRWMD has the permit pending, to go before the governing board on April 7, 1998. He stated that they have issued a Notice of Intent to issue the permit, however, even if they issue the emergency permit it would have to be approved by their governing board. He stated that he does not feel diversion of the water is grounds to deny the permit, legally, so, in doing that, the County is going to have to look at the sufficiency of the application in a public interest type test. He stated that staff needs direction, as to what the Board would like for them to do, at this point. He noted that Lake County has standing in both permits - standing to oppose them and standing to challenge them in court, however, it is not enough to go to a meeting and say that the County is going to oppose it. He stated that, in order to oppose a permit, one has to put on a presentation and provide a record, including facts and technical basis, showing why a permit should not be issued. He stated that just sending a letter, or telling staff to go to the administrative hearing saying that Lake County opposes it, is of no real value later, when the County challenges the permit.

Dr. Robert Taylor, Executive Director, Lake County Water Authority, addressed the Board, stating that the people on the north end of Lake Lowery have a problem, at which time various pictures were displayed showing the development of homes that have been placed in an area where they should not have been. He stated that the Water Authority's position is that the problems that said residents have should be dealt with in a different way than lowering the level of Lake Lowery and diverting the water that should flow north, to the Palatlakaha River and to the Chain of Lakes, to the south. He stated that, at this point in time, neither the SJRWMD nor the SWFWMD has issued the emergency orders and, as of Monday, March 23, 1998, were not sure they were going to. He stated that the LCWA, like the Board, is not interested in entering into any litigation, if they do not have to. He stated that the LCWA realizes there is a problem, but feels that this is not the proper solution to the problem. He noted that the LCWA will be offering some alternative solutions.

Commr. Swartz stated that the Board passed a Resolution and sent letters stating that the Board is opposed to what is being requested and the issue now is whether the Board is going to stay in that position, with simply a Resolution to those governing bodies, or whether they are going to join in with the LCWA in their opposition to both the emergency permit and the general permit.

Commr. Good stated that he felt the Board and the LCWA joining together would be a stronger position than either one of them, individually, trying to oppose the permit. He stated that he felt it was time for the Board to instruct staff to enter into a stronger position than just sending a Resolution on April 7, 1998.

Mr. Minkoff stated that an administrative hearing is litigation; therefore, if the County goes further, it needs to be prepared to initiate whatever action is necessary and staff would like that direction.

Commr. Hanson stated that it seemed to her that the Board was talking out of both sides of its mouth, noting that the County is wanting to get water moved out of the Green Swamp into an adjacent county that probably does not want the water, but the County has to get rid of it, because there are people in flooded situations. She stated that the same thing is occurring in this situation. She stated that the County is dealing with people and, at the very least, the Board needs to allow them to move forward with the ability to take emergency action. She stated that she was not willing to move forward with litigation, at this point in time.

Discussion occurred regarding the matter, at which time Commr. Good stated that Commr. Hanson brought up the fact that the County is proposing to move water; however, he felt the County would be remiss in its duties not to try to move water, with all the rain that the County has had, but it is simplistic and over generalized to say that all moving water efforts are the same, because they are not. He stated that Commr. Hanson stated the Board was being inconsistent; however, he felt the Board was being very consistent, by looking out for the health, safety, and welfare of the citizens of the County, by supporting emergency measures and carrying out the Board's responsibility to the people of the County, to protect the natural resources, when they oppose the diversion of the historic flow of the water. He stated that he wanted to make it very clear that the Board is supporting emergency measures to aid the people in Polk County and, at the same time, are trying to help citizens in Lake County, by bringing forth projects that move water along historic flows. He stated, however, that the permit for Lake Lowery is stepping way beyond the historic flow argument that the Board could very easily give for the Sumter County project.

A motion was made by Commr. Good and seconded by Commr. Cadwell that the Board support the position presented by Dr. Robert Taylor, Executive Director, Lake County Water Authority, that the Board oppose the granting of the permit to divert water to Lake Lowery and that it oppose the placing of the permanent structure under an emergency order by the staff, or the Governing Board, of the St. Johns River Water Management District and the Southwest Florida Water Management District.

Under discussion, Mr. Minkoff, County Attorney, clarified the fact that the motion would include filing whatever needs to be filed, administratively or otherwise, in order to take said action.

Commr. Swartz stated that the intent of the motion was to do that, but it was also the Board's intent to join in with the LCWA, where it may be more effective and cost efficient.

Mr. Minkoff stated that staff had already done that, noting that Mr. Jimmy Crawford, Attorney, representing the LCWA, met with the County Manager and discussed the matter. He stated that he did not feel it would be an issue.

Commr. Swartz stated that it was not the intent that the Board do it separately, but in conjunction with the LCWA.

Commr. Good stated that he would include same in his motion.

Mr. Minkoff stated that they would be at the administrative hearing separately, but would work together as much as possible.

Commr. Hanson stated that this action would set the County in motion for legal action, noting that it is more than just working in conjunction with the LCWA. She stated that the County would be working with the management districts, as well.

Mr. Minkoff stated that that was his understanding of the motion.

Commr. Swartz stated that the County would have to go through the administrative hearing process, to challenge the permits.

Mr. Minkoff stated that it may be through court action, for the emergency ones.

Commr. Good stated that that was the intent of the maker of the motion.

The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.

Commr. Hanson voted "No".

ADDENDUM NO. 3

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

PUBLIC WORKS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board regarding a request for approval to enter into an agreement with Sumter County, for approximately 100 hours of rental time, for a minzi muck machine, at an estimated cost of $15,000.00. He stated that Sumter County is in the process of cleaning out the one and one-half mile long Big Prairie Canal, south of Hanley Road, and are committed to $30,000.00 worth of clean-out operation and have requested Lake County to contribute $15,000.00, to continue to clean the area out. He stated that it cost $150.00 per hour to utilize the machine and Lake County would be paying Sumter County directly, for approximately 100 hours worth of work.

It was noted that Sumter County received authorization from the Southwest Florida Water Management District to do the work, allowing water to flow, which has fallen in a short amount of time and piled up. It was further noted that the County is allowing an emergency pooling of water to flow off through the natural system and the alteration that has historically been made in that area to continue to operate, to maintain "normal" water levels in the area, as opposed to the flood water level that the County has had, during its high period of rainfall.

Commr. Hanson stated that she felt the costs should be borne by the St. Johns River Water Management District.

Mr. Stivender stated that staff would be talking to FEMA about the matter, because of the impact of flooding, due to El Nino. He stated that staff is looking at this as contributing to the costs associated with what has already been documented and the County is going to try to recoup some of the money through that.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to enter into an agreement with Sumter County, for approximately 100 hours of rental time, for a minzi muck machine, at an estimated cost of $15,000.00.

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

GROWTH MANAGEMENT/ZONING

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board regarding a request to correct the legal description for CUP No. 859-3, stating that some mistakes were made in the early 1980s, it is felt during the transfer from photo copies onto the Ordinance. She stated that the mistake was discovered just recently, when a staff member was rerunning some legals on some parcels for a zoning inquiry. She stated that staff is recommending approval to correct it and rerecord it.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to correct the legal description for CUP No. 859-3, to add the proper legal description and delete and revert to the original R-6 zoning the legal description for Richard Oswalt's property, in Section 16-23-26. This action will correct the error made in 1983 and restore Mr. Oswalt's property to its proper zoning of R-6 and bring the missing legal under the approval uses under CUP No. 859-3, for land application of reclaimed water under Conserve II.

ADDENDUM NO. 3 (CONT'D.)

REPORTS (CONT'D.)

COMMISSIONER GOOD - DISTRICT 2

COMMITTEES/STATE AGENCIES

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board authorized the Chairman of the Board of County Commissioners to write a letter to the Constitution Revision Commission, in support of the Agricultural Advisory Committee's position that the Florida Commissioner of Agriculture Cabinet Office remain an elected position.

REPORTS

COMMISSIONER GOOD - DISTRICT 2

RESOLUTIONS

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-54, naming the Board of County Commissioners as trustees of property to establish the P.E.A.R. Project, once the sale of land in Apopka is complete.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

MUNICIPALITIES/MISCELLANEOUS

Commr. Gerber informed the Board, for informational purposes, that she had tickets for sale to the Leesburg Downtown Partnership Fish Fry, to be held April 2, 1998.

REPORTS

COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT 3

RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 1998-55, proclaiming April 9, 1998 as "Daisy Day" and National POW/MIA day in Lake County, honoring the citizens who served in combat.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

COMMUNITY SERVICES

Commr. Gerber brought up for discussion the issue of letters that will be sent to the community service award winners and questioned whether the Board, as a whole, could send letters to them and have the commissioners all sign one letter, rather than all of them signing separate letters.

Ms. Ava Kronz, Director of Continuous Quality Improvement, was asked to coordinate a letter from the Board, as a whole, congratulating those community service award winners that were recognized Monday, March 23, 1998, rather than the Commissioners sending separate letters of congratulations.

The Board congratulated Commr. Cadwell, whose uncle was recognized as one of the community service award winners at said award presentation.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

MUNICIPALITIES

Commr. Hanson informed the Board, for informational purposes, that "Derby Day" is Saturday, March 28, 1998, at the Simpson Training Center, in Sorrento.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

ASSESSMENTS/FIRE AND EMERGENCY SERVICES

Commr. Hanson brought up for discussion the issue of fire assessments and how to best correct mistakes that have been found involving same, with regard to mobile home parks, and to find out how large a problem it is.

Mr. Sandy Minkoff, County Attorney, stated that, if there was, in fact, a mistake in the assessments and the County provided the service, it may be able to go back and issue correct assessments.

Commr. Hanson stated that she had concerns about the validity and accuracy of the assessments, whether it be for fire, or for solid waste collections. She stated that she felt it was very important that the County continue to pursue it.

Ms. Sue Whittle, County Manager, stated that staff found there was, in deed, a problem with the assessments, when the roll was originally established in 1994, and that staff was trying to correct it.

Mr. Don Post, Senior Director, Solid Waste Management Services, addressed the Board, with regard to the matter, stating that his staff used the data they received from the Property Appraiser's Office to build its own data base, for the consultants. He stated that the people the County hired to perform that duty did not do an accurate count of the mobile home parks in the County; therefore, the information the County started off with was incorrect. He stated that, since that time, the County has been adding and subtracting from that data base.

Commr. Hanson interjected that she did not feel the County was dealing just with mobile homes, she felt they were dealing with conventional homes, as well. She stated that she did not have confidence that the entire assessment program was accurate and did not know what it would take to correct it, although she was aware of the fact that it would be a massive undertaking.

Mr. Ed Havill, Lake County Property Appraiser, and Mr. Frank Royce, Property Appraiser's Office, addressed the Board regarding the issue, stating that the numbers they turned over to the County in 1994 were correct.

Mr. Havill stated that he did not know what happened, when the County contracted with an outside firm to do the assessments.

Ms. Whittle, County Manager, informed the Board as to what Mr. Post has done, in the 1 years that he has been with the County, to correct the problem. She stated that he has reorganized the Solid Waste Management Division and has moved people into areas where they need to be . She stated that they identified the fact that, in 1994, the study that was done and the consulting that was done apparently produced a flawed roll; therefore, some residents of the County have not been billed properly, since that time. She stated that he sent people out to do field audits of all the mobile home parks in the County, due to the fact that there were some problems involving them in 1997. She stated that they discussed the matter with the County Attorney and he believes the County can send corrected billings to those mobile home parks, which she noted the County will do, if they are allowed to do so. She stated that they are trying to address this problem, as they try to address all problems they uncover, which is to meet them head on and try to solve them, as best they can. She stated that, if the Board feels staff needs to look at another aspect of it, they will be happy to. She stated that nothing bothers her more than the thought that the County is not collecting the revenue that they should be collecting, or that somehow the system that is in place is not fair and equitable.

Commr. Hanson stated that her concern was to correct the process.

No action was taken at this time.

MINUTES

Regarding the Minutes of February 17, 1998, clarification was made, with regard to the motions contained on Page 15, Line 11, and Page 16, Line 7.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 17, 1998 (Regular Meeting), as presented.

Regarding the Minutes of March 3, 1998, the following was requested:

On Page 7, Line 8, the word conscious should be changed to conscience.

On Page 8, Line 3, the word since should be changed to sense.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 3, 1998 (Regular Meeting), as corrected.

REPORTS (CONT'D.)

COMMISSIONER GOOD - DISTRICT 2

WATER RESOURCES

Commr. Good showed a video and displayed some pictures that were taken during the St. Johns River Cleanup Project and thanked those individuals who participated in said project for their help in the cleanup efforts. He noted that 11,589 pounds of garbage was picked up in and around the river.

RECESS AND REASSEMBLY

At 12:35 p.m., the Chairman announced that the Board would recess until 5:05 p.m., for the scheduled public hearings.

PUBLIC HEARING

GROWTH MANAGEMENT/ORDINANCES/ZONING

Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its second and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODIFICATION, TO ALLOW RATITES IN THE A (AGRICULTURE), RA (RANCHETTE), AR (AGRICULTURAL RESIDENTIAL) AND R-11 (RURAL RESIDENTIAL) ZONING DISTRICTS AS A NON-INTENSIVE AGRICULTURAL USE WITHOUT A CONDITIONAL USE PERMIT; PROVIDING FOR AMENDMENT TO SECTION 3.01.03, SCHEDULE OF PERMITTED AND CONDITIONAL USES; PROVIDING FOR AMENDMENT TO SECTION 3.01.04, KEY TO CONDITIONS IN TABLE OF PERMITTED AND CONDITIONAL USES; PROVIDING FOR REVOCATION OF EXISTING CONDITIONAL USE PERMITS FOR THE KEEPING OF RATITES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Mr. Mark Knight, Principal Planner, addressed the Board to answer any questions there might be regarding the Ordinance.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 3-0 vote, the Board approved Ordinance No. 1998-27 - Amending the Lake County Land Development Regulations, to allow Ratites in the A (Agriculture), RA (Ranchette), AR (Agricultural Residential), and R-1 (Rural Residential) Zoning Districts, as read on its second and final reading, by title only.

Commrs. Gerber and Cadwell were not present for this portion of the meeting.

PUBLIC HEARING

GROWTH MANAGEMENT/ORDINANCES/ZONING

Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its second and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL LAKE COUNTY ZONING MAP FOR PROPERTY BEING THE SUBJECT OF THE PLAT OF FLORIDA FRUITLAND PARK TROPICAL HOMESITES, AS RECORDED IN PLAT BOOK 12, PAGE 34, THE PLAT OF PAISLEY HIGHLANDS, AS RECORDED IN PLAT BOOK 12, PAGE 52, AND THE PLAT OF NILES DIVISION, AS RECORDED IN PLAT BOOK 12, PAGE 16, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Mark Knight, Principal Planner, Growth Management, addressed the Board to answer any questions there might be regarding the Ordinance.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 3-0 vote, the Board approved Ordinance No. 1998-28 - Amending the Lake County Zoning Map, relating to Florida Fruitland Park Tropical Homesites, Paisley Highlands, and Niles Subdivision, as read on its second and final reading, by title only.

Commrs. Gerber and Cadwell were not present for this portion of the meeting.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:10 p.m.



___________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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