BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 25, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, August 25, 1998, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; G. Welton Cadwell, Vice Chairman; William "Bill" H. Good; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, BCC Administrative Assistant; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, stated that she had two corrections to the County Manager's Consent Agenda. She stated that Tab 7 regarding the routine telephone and utility bills was being pulled and would be rescheduled at another time. She further stated that the following language needed to be deleted from Tab 6: Belo Horizonte Avenue "Part" (2-0838B).

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Tabs 1 through 6, pulling Tab 7 and correcting Tab 6, and including the request under the County Manager's Consent Agenda, Addendum No. 1:

Budgets/Contracts, Leases & Agreements/Committees/Municipalities

Request for approval and execution of Interlocal Agreements between Lake County and each of the following: City of Fruitland Park, City of Lady Lake, City of Mount Dora, City of Tavares, City of Umatilla, and Cooper Memorial Library Association, Inc., clarifying the rights of each governing body to control its library budget and operations, and adding language regarding the Library Advisory Board, its make up, its purpose and its charge for effective period of October 1, 1998 through September 30, 2001.

Accounts Allowed/Contracts, Leases & Agreements/Economic Development

Request for approval and execution of Jobs Growth Investment Trust Fund Agreement between Lake County and Circuit City Stores, Inc., in an amount not to exceed $140,000 and approval and execution of Agreement between Lake County and Circuit City Stores, Inc., to defer payment of impact fees.

Accounts Allowed/Public Works/Subdivisions

Request for approval to accept a letter of credit for maintenance in the amount of $13,700 for the Hidden Forest subdivision.

Accounts Allowed/Bids/Roads-County & State

Request for approval to award Local Agency Program Sidewalk Construction Project No. 6-98, Bid NO. 98-109 for Kurt Street (Eustis), Disston Avenue (Tavares), and East Mirror Lake Drive (Fruitland Park) to Asphalt Pavers, Inc., and to encumber and expend funds in the amount of $132,839.80 from the Transportation Trust Fund - Commissioner Districts 1 and 3.

Accounts Allowed/Bonds/Contracts, Leases & Agreements/Resolutions

Roads-County & State/Subdivisions

Request for acceptance of final plat for Clear Creek Phase Two subdivision, acceptance of a maintenance bonds in the amount of $25,450, approval and execution of Developer's Agreement for maintenance of improvements between Lake County and D. R. Horton, Inc., and approval and execution of Resolution 1998-124 accepting Woodcrest Way "Part" (2-0163), Silver Creed Court "Part" (2-0165A), Clear Creek Circle "Part" (2-0166), and Gold Creek Court (2-0167) into the County Road Maintenance System.

Accounts Allowed/Deeds/Contracts, Leases & Agreements/Resolutions

Roads-County & State/Subdivisions

Request for acceptance of final plat for Crescent Lake Club Second Addition subdivision, acceptance of a letter of credit in the amount of $30,152.50, acceptance of a Conservation Easement Deed from Crescent Lake Club Land Trust, approval and execution of a Developer's Agreement for maintenance of improvements between Lake County and Crescent Lake Club Land Trust, and approval and execution of Resolution 1998-125 accepting Via De Robina Court (2-0739B), Jardim De Largo Street "Part" (2-0739D), Via Mari-Cae Court (2-0739E), Alameda Sandra "Part" (2-0838E), and Alameda Alma "Part" (2-0838F) into the County Road Maintenance System.

Road Vacations

Request for approval to advertise Vacation Petition No. 880 by Jim Stivender, Jr., Senior Director, Lake County Department of Public Works, to vacate road (portion of Lewis Grove Rd. #2-2324), Sec. 29, Twp. 21S, Rge. 25E, Groveland area - Commissioner District 2.

PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 869 - A. C. JANNEY - TUSCANOOGA AREA - DISTRICT 2 Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss Vacation Petition No. 869 by A.C. Janney, President of the Association of Christian Ministries, Inc. Mr. Stivender stated that the attorneys representing the case feel that there may be a legal access issue, therefore, they do not want to vacate a certain portion of the request. It was noted that this would involve less than the original advertising. He stated that staff sees this as an additional right-of-way, and it does not line up with the road, and therefore, it needs to be removed.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Mr. Steve Richey, Attorney representing the applicant, addressed the Board and noted that Ms. Leslie Campione, Attorney, was here representing an adjacent property owner. Mr. Richey stated that they were asking that the area noted as Crittenden not be vacated today, at the request of Ms. Campione's client, and they will quit claim their interest in it, to her client.

Ms. Campione stated that she agrees with what Mr. Richey has presented to the Board. She stated that, in regards to Mr. Richey's client quit claiming their interest, his client was to be

here to this morning to do this prior to the meeting, but he was not here. She requested that the approval of the request be conditioned on the Quit Claim Deed being signed by the end of today.

Mr. Richey stated that his client has already signed a Warranty Deed and a Quit Claim Deed, and they need to redo the Quit Claim Deed, which they are prepared to do, so he suggested not having this recorded in the public records and finalized until he provides that proof to the County, which would be an acceptable condition.

Mr. Sandy Minkoff, County Attorney, stated that the condition can be added to the Resolution, but the Resolution will need to be signed today.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 869 by A. C. Janney, President of the Association of Christian Ministries, Inc., to vacate right-of-way, Sec. 18, Twp. 21S, Rge. 24E, Tuscanooga area - Commissioner District 2, with the condition previously discussed concerning the Crittenden property, and to lessen that from the petition, Resolution 1998-120.

PETITION NO. 870 - CHRISTOPHER AND KAREN DWYER - CLERMONT AREA

DISTRICT 2

Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss Vacation Petition No. 870 by Christopher and Karen Dwyer. Mr. Stivender stated that the request involved a rear lot line easement that is not being utilized for drainage or utilities, because of the pool that is being put in by the petitioners, and staff was recommending approval of the request.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present in the audience. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 870 by Christopher and Karen Dwyer to vacate drainage easement, Eagleridge Phase I, Sec. 23, Twp. 24S, Rge. 26E, Clermont area - Commissioner District 2, as advertised, Resolution 1998-121.

PETITION NO. 871 - HAMPTON P.CONLEY - CLERMONT AREA - DISTRICT 2

Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss Vacation Petition No. 871 by Hampton P. Conley, Executive Vice President of The Greater

Construction Corporation. Mr. Stivender requested that the petition be postponed, until September 22, 1998, due to problems with getting the request properly advertised by the newspaper.

Commr. Swartz questioned whether there was anyone in the audience who wished to address the Board on this issue. It was noted that no one was present.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for postponement, until September 22, 1998, Vacation Petition No. 871 by Hampton P. Conley, Executive Vice President of The Greater Construction Corporation, to vacate drainage easements, Greater Groves, Phase 6, Sec. 27, Twp. 24S, Rge. 26E, Clermont area - Commissioner District 2.

PETITION NO. 872 - BILL AND BARBARA MILLER - LEESBURG AREA

DISTRICT 1

Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss Vacation Petition No. 872 by Bill and Barbara Miller. Mr. Stivender explained that the request was being made to vacate a piece of an easement, so the applicants can clear title.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment. It was noted that the applicants were present in the audience. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 872 by Bill and Barbara Miller to vacate easement, Sec. 23, Twp. 19, Rge. 25, Leesburg area - Commissioner District 1, as advertised, Resolution 1998-122.

PETITION NO. 873 - BRAD AND WENDY DAVIS - CLERMONT AREA

DISTRICT 2

Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss Vacation Petition No. 873 by Brad and Wendy Davis. Mr. Stivender stated that there was a question concerning an easement for the utilities in the area, and staff has received that easement, which takes care of any concerns of Florida Power and Time Warner.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 873 by Brad and Wendy Davis to vacate right-of-way and drainage and utility easement, Spence Estates, Sec. 25, Twp. 22S, Rge. 26E, Clermont area - Commissioner District 2, as advertised, Resolution 1998-123.

PUBLIC HEARINGS - REZONINGS

PETITION #6A-97-5 - JUDITH M. SELLARDS - JOHN M. ARIALE

OPM USA INC. - AMENDMENT TO ORDINANCE #1997-43

TRACKING #54-98-CFD/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that last month staff had requested a 30 day postponement, in regards to Tab 8, PH#6A-97-5, Judith M. Sellards, John M. Ariale, OPM USA Inc. Ms. Farrell stated that staff needs to take the case to the Board of Adjustments, and unfortunately, it could not get it to the Board in that 30 day time frame. She was requesting another 30 day postponement.

Commr. Swartz questioned whether there was anyone in the audience who wished to address the Board on this issue. It was noted that no one was present.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from staff for a 30 day postponement, until October 27, 1998, for Case No. PH#6A-97-5, Judith M. Sellards, John M. Ariale, OPM USA Inc., Tracking #54-98-CFD/AMD.

PETITION #19A-97-3 - PAUL DIDION, JR. & DIDION FAMILY TRUST

PUD TO AR - TRACKING #57-98-Z

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that, in 1997, this property was zoned from Agriculture to Planned Unit Development (PUD), and the owners are coming back and requesting that the property be rezoned back to the AR, in order to develop a straight subdivision with seven residential lots, basically five acres in size. She noted that AR would allow 2.5 acre lots, and even though straight zoning will not limit them to seven lots, this is what was presented to staff. Ms. Farrell explained that, because there were a lot of conditions in the PUD Ordinance, the applicant has chosen not to move forward with that development plan.

Discussion occurred regarding the original PUD, which allowed 28 to 30 units, with Ms. Farrell noting that there was extensive consultant work done, and staff has environmental

assessments and hydrology information, and there was a lot of case and site work performed to develop the PUD configuration, but the owners want to go back to straight zoning.

Commr. Swartz requested that staff present the Board members with a copy of the original PUD for review.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Ms. Sandy Didion, agent for Paul Didion, addressed the Board and explained that the request was being made for the straight zoning, because they found that it would be more feasible. They would not have to put in the drainage and paving as required in the PUD. Ms. Didion stated that they would not make any more money by going through all of the expense, and they could make the same amount by going back to straight zoning.

Commr. Swartz stated that the applicant should be able to do the seven lots in the PUD zoning, and to arrange them in the same way that she could with straight zoning. He stated that the Board had spent a lot of time looking at the conditions set forth in the original PUD, and the conditions should not necessarily go away, just because of the straight zoning.

Ms. Farrell noted that staff has all of the preliminary reports that would be requested for a regular plat, and it probably has more information than it would get for a standard subdivision. It is all on file for the Development Review Staff (DRS) to take into consideration when it approves the lot configurations. She noted that they would still be subject to the AR requirements, but some of the environmental issues would still move forward with the request, and staff would have that information as part of its review package. Ms. Farrell clarified that the applicants would still be subject to engineering and other issues based on their plan, and it would still go through DRS review.

Ms. Didion stated that they felt there would be a lot less impact on the environment to have seven families on the property rather than 28, and since they would not be making any more on the project, it would be less trouble to remain at straight zoning.

Commr. Swartz stated that he had no problem with the zoning, in terms of the lots, but he would prefer to see the lots created in the PUD.

Commr. Good stated that the conditions that were structured in the original PUD were based on 30 units of impact, and the PUD could be done with seven, and there may be considerably less conditions placed on them.

Commr. Swartz explained that the applicant can develop at anything less than the number of lots that were indicated in the PUD, and she can design the lots anyway she wants to.

Ms. Farrell reviewed some of the conditions that were set forth in the original PUD.

Discussion occurred regarding the lot access from Lakeshore Drive and Yalaha Cutoff Road, with it being noted that none of lots would have access off of SR 48.

Commr. Hanson stated that she found it interesting that, at the Planning and Zoning Commission meeting, at least one of the individuals, that voted against moving it from agriculture to the PUD, also voted against carrying it back to less than a PUD.

Commr. Swartz stated that he would like to see this developed within a PUD, although the PUD can be modified to allow the applicant to do whatever she wants to do, but one of the things that was a stumbling point for the Board, when it came before the Board in the past, was the requirement for the open space. He stated that straight zoning in Lake County still does not require any open space requirement, so that would be a condition. There was a very small condition for recreation space, which would be reduced substantially, because of the number of lots, and there may not be any need for the internal street network.

Commr. Hanson stated that, if they have 36 acres, and they are going to have seven or fewer parcels, they are going to have their own open space internally, which they will take care of themselves. She finds no reason to penalize them and not let them go back to a minimal number of parcels on the property. She felt that 36 acres was a very small PUD.

Commr. Swartz stated that he would be very willing to modify whatever problems that were being created. He felt that the internal street network issue should probably be modified, because, although the Board did not have a site plan before them, the intention was to see that most of the lots accessed internally based on the number. He stated that, if the applicant was only going to have seven lots, and four of them were already planned to access off of Lakeshore Drive, and two will access off of Yalaha Cutoff Road, the applicant would only need to change the language in the PUD. He did not want to see the Board give up the open space requirement, because the one issue, that the Board struggled with through the hearing, was the water and the wetland issue, and where the open space was intended to be.

Commr. Good stated that, when this issue came to the Board both times, the concerns were the streams and the drainage, and that was why the Board initially asked for the open space, and with 30 units, it would make a big impact. He stated that, when the Board was discussing the PUD, it looked at the area as 36 acres instead of looking at it as five acre parcels. When the

Board asked for the open space requirement, it was looking at it as part of a drainage solution. He was afraid that, if the Board goes back to five acre lots, it will be engineered five acres at a time, and the overall drainage system will not be considered. Commr. Good felt that this was probably part of the Board's reluctance to go back to straight zoning.

Ms. Didion stated that her family has been in this location since 1852, and there was not a problem until the County put a road in there, even though the road was necessary and much appreciated. She noted that there were two little springs that were actually on another parcel of land that are not affected by this request.

Commr. Good noted that the applicant came to the Board and requested the change, because of the cost of the conditions in the existing PUD, and there is a way to have less conditions, because of less density, which will allow the applicant to do a PUD, still maintain some open space and some buffers for the surrounding community, still make it a profitable project, and still protect the integrity of the whole system.

Commr. Hanson questioned staff as to whether the applicant can go back to the existing parcels, and those that are less than five acres, zone them AR and zone the remaining lots agriculture. She stated that, when the Board reviewed this in the past, Commr. Good's big concern was the springs and, if the applicant drops the 28 to 30 units to seven, the impact on the springs will be much less, and he wants to make sure that the larger tracts will not be split later into smaller parcels under the AR zoning.

Ms. Farrell explained that staff did not advertise for agriculture zoning.

Commr. Swartz stated that he was not as concerned about the AR zoning, from the fact that the applicant may split it up, because if she splits it, then they will have access back on SR 48, which may not be allowed, but he was concerned that, if they are split into five acre tracts with a couple being smaller, those areas that the Board is concerned about are going to end up lying within one or two of those lots. When those conservation areas end up being on private property, they will end up being degraded. Commr. Swartz stated that this PUD could easily be modified to let the applicant do what she wants to do, it will reduce the big burden of the road requirement, and it will allow appropriate access off of Lakeshore Drive. Commr. Swartz stated that this is what he would like to see the Board do. It is in District 3 and the Board has spent a lot of time working on this request, and it knows the soils are very limited, which is one of the reasons why it required an additional septic tank clean out, which is probably what the Board should be doing on all of particularly limited soil condition developments. He stated that he would support amending the PUD to let them do what they want to do and reduce what is the burden within the PUD. He would not support going to straight AR zoning on a 36 acre parcel.

Mr. Sandy Minkoff, County Attorney, stated that the seven lots may be able to be developed without replatting. He stated that there was not any way that the PUD could be done without having to do a formal plat and spending the engineering money and the other costs to develop the property. He stated that it was possible that there may have to be a deviation, and they may have to go through environmental review, but they would have six or seven lots using the old lots of record in the AR, but if they do a PUD with open space and other things, they will have to do a new subdivision plat.

Ms. Farrell stated that, with lot line deviations, or lot splits, or anything with a development permit, staff conducts an environmental review, and in this particular case, staff already has the hydrology and the soils report and all of the information that was put together by the consultants.

Commr. Hanson questioned the maintenance on the conservation areas that would be dedicated.

Mr. Minkoff noted that the seven property owners would be maintaining those areas.

Commr. Hanson stated that, on properties that are conservation areas that are not within subdivisions, nobody takes care of them, and she feels that this will be created in this case.

Commr. Good stated that, because it has not been done well in all cases, it does not mean that the conservation value to the community is not served by that parcel, and to not require the conservation easement is to say that value is not worth this Board pursuing, and this is a very unique piece of property that the County can get conservation value for and it will benefit the property owners who will live there.

Ms. Didion stated that the applicants would need to keep the 28 lots, in order to make this request feasible. She stated that all of the neighbors want the property to go back to AR, and most of the neighborhood is elderly, but if it is necessary, they all have been very supportive of the AR, and she would be glad to get letters from them.

Commr. Swartz stated that the Board would welcome the letters, or the comments from the people, but that, in the end, it is not ultimately what should decide the zoning issue just as if everybody was here in opposition to it. He has indicated that he would like to see the Board redo the PUD to allow the applicant to reduce the inner road based on 30 lots, which is a heavy burden, and to do some of the others things as discussed, but he felt it would be a mistake to eliminate the open space requirement, because it was intended to protect those areas that needed to be protected, as determined in the studies.

Commr. Hanson stated that, as an option, the Board had talked about the setbacks from the lake, and the Board could create a conservation easement along the lake front, much like it has done in the Wekiva, which would accomplish the same thing.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Good made a motion to maintain the PUD, but to give the Didions the opportunity to sit down with staff and submit new drawings, using the old studies, and to determine if they can achieve the same density that they are asking for here at seven units, with the PUD conditions.

The motion died for the lack of a second.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from PUD (Planned Unit Development) to AR (Agriculture Residential) for construction of a residential single family development, Case #19A-97-3, Paul Didion Jr. & Didion Family Trust, Tracking #57-98-Z, Ordinance 1998-66.

Under discussion, Commr. Gerber stated that she believed that, no matter where the Board was looking at development, it was the people that make the impact, and if you have 35 families versus seven families on a piece of property, you are going to have more impact on the environment and the roads, and there will be more runoff, and she truly believed that this is the best use of the property, and she would be voting in favor of the motion.

Commr. Swartz stated that, what Commr. Gerber said in the beginning was absolutely correct, but it would be nice if the Board had the opportunity to provide them with the ability to develop as they want to develop and to protect those resources. He was afraid they would not be protected otherwise.

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

Commrs. Good and Swartz voted "no".

PETITION #32-98-2 - JAMES & JOY A. RAY - R-6 TO CFD

TRACKING #53-98-CP

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that staff had a request to postpone Tab 9, James & Joy Ray, for 30 days.

Mr. Richard Langley addressed the Board and explained that the property is located east of the Clermont city limits. They were trying to get the owners to agree to a frontage road, so that there will only be one access to SR 50. He noted that there were about four property owners between there and Hancock Road.

Commr. Swartz questioned whether there was anyone in the audience who wished to address the Board on this issue. It was noted that no one was present.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to postpone the request for 30 days, until October 27, 1998, Petition #32-98-2, James & Joy A. Ray, Tracking #53-98-CP.

PETITION #35-98-5 - NEW LIFE BAPTIST CHURCH (REV. W. N. HODGES)

R-6 to CFD - TRACKING #58-98-CFD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that this was a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for the construction of a church and associated accessory uses. Ms. Farrell stated that it will be on individual well and septic, there will be an environmental assessment required with the site plan, and staff is recommending approval of the request. She noted that the request was approved 8-0 at the Planning and Zoning Commission meeting, and there was no opposition to the request. She further noted that staff was on the site July 15, 1998.

Commr. Swartz stated that he noticed that staff had included specific language to make it clear on the land uses, as follows: Page 2, 1.A.2. - "The use of the site for a day care, school, halfway house, homeless shelter/soup kitchen, shall not be allowed as an accessory or primary use of the site." He stated that it will be on well and septic, but he questioned whether staff had an suggestions for additional language that would deal with the request, should it start having more of a significant impact.

Ms. Farrell stated that there would probably be more denials for the churches in the more rural areas, if it was going to be a large scale operation.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Rev. W. N. Hodges addressed the Board and stated that the church has no desire or intent to put a school there, and at this point, it has no intention for a day care.

Commr. Cadwell explained that the request today does not preclude the church from doing some of the noted uses in the future, but it would have to come back through the same process, because there would be some transportation and utility issues that would need to be addressed that were not addressed today.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Ms. Farrell submitted the aerial map for the site, which was marked by the Deputy Clerk as County Exhibit "A".

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for construction of a church and associated accessory uses, Petition #35-98-5 New Life Baptist Church (Rev. W. N. Hodges), Tracking #58-98CFD, Ordinance 1998-67.

PETITION #38-98-1 - KEVIN & SUSAN CONWAY - A to CFD

TRACKING #59-98-CFD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated the applicants have an existing ACLF in the Leesburg area, and they want to expand from six beds to 16 beds. Ms. Farrell noted that the backup material contains the codes from the Florida Statutes in regards to the request, and staff was recommending approval. She noted that the site was posted, and there are letters of support that are not in the backup, but they will become a part of the record. She stated that staff found it to be consistent with the Comprehensive Plan, it was approved 7-1 at the Planning and Zoning Commission meeting, and there was no opposition to the request.

Ms. Farrell submitted the letters of support, and they were marked by the Deputy Clerk as County Exhibit "A" - (Composite - 8), as well as a photograph of the facility, which was marked as County Exhibit "B".

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning for an existing Assisted Care Living Facility from A

(Agriculture) to CFD (Community Facility District), to increase the number of beds from six (6) to 16, Petition #38-98-1 Kevin & Susan Conway, Tracking #59-98-CFD, Ordinance 1998-68.

PETITION #36-98-5 - LAKE COUNTY/CHUCK PULA - R-6 to CFD

TRACKING #60-98-CFD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that Tabs 4 and 5 are applications from Mr. Chuck Pula, Lake County Parks and Recreation. She stated that Tab 4 involves a two acre parcel in Umatilla, for a County park/County facility. Staff was recommending approval for the construction of the park and future buildings. Ms. Farrell stated that it meets the Comprehensive Plan and the Land Development Regulations (LDRs), and it was approved 7-0 at the Planning and Zoning Commission meeting, and there was no opposition to the request. She noted that there was a copy of a petition in the backup material.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Mr. Chuck Pula, Parks and Recreation Manager, stated that, as part of the Board's packet, it has a petition with 99 signatures on it. The request was a citizen based effort to develop a park in the Umatilla area, which is the County's philosophy of developing County parks. He pointed out that, if approved, staff was in the process of scheduling a United Way "Day of Caring" at this particular park to put in picnic and playground equipment on September 13, 1998, Saturday, from 8 a.m. to noon. He invited the Board to attend the event. Mr. Pula noted that information would be provided to the Board about the barbecue that is scheduled for the event.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, 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 the request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for construction of a County park with future buildings and play area for South Umatilla Outreach Center, Petition #36-98-5 Lake County/Chuck Pula, Tracking #60-98-CFD, Ordinance 1998-69.

PETITION #37-98-5 - LAKE COUNTY/CHUCK PULA - R-6 to CFD

TRACKING #61-98-CFD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that this was another County initiated park. The parcel is 14 acres in size and located in the Leesburg

area. Ms. Farrell stated that staff was recommending approval of the request. It meets the County policies for recreation and open space in Lake County. It was approved 8-0 at the Planning and Zoning Commission meeting, and there was no opposition to the request.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Mr. Chuck Pula, Manager of Parks and Recreation, noted that the request was in the Bassville area, which has been identified as an area that is in need of a public park. Mr. Pula stated that there was a very large citizen initiative behind this park, and he noted that there was a petition with 355 signatures. He stated that public meetings were held, and they were looking for funding for the park. It is one of the larger sites that the County will be developing.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, 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 the request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District), for construction of a community park, Petition #37-98-5 Lake County/Chuck Pula, Tracking #61-98-CFD, Ordinance 1998-70.

PETITION #82C-92-2 - JOEL MONTGOMERY & STAN PIETKIEWICZ

AMENDMENT TO PUD ORDINANCE - TRACKING #66-98-PUD/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that this is the Westchester Planned Unit Development (PUD), and they have come to the Board for their third amendment. They are adding four and a half acres to an existing PUD for some commercial use and an additional three single family residential lots. Ms. Farrell stated that the applicants have been to the Development Review Staff (DRS), and they have a letter from the Department of Community Affairs (DCA) supporting the addition. It meets the County policies, as far as commercial activity within a PUD within the Green Swamp, and staff was recommending approval of the request.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission

and approved the request for an amendment to PUD Ordinance #1996-95 to include in the PUD 15,000 square feet commercial facility not to exceed 20,000 square feet, as approved by DCA; and to add three (3) single family residential lots, Petition #82C-92-2 Joel Montgomery & Stan Pietkiewicz, Titan 474 Inc., Tracking #66-98-PUD/AMD, Ordinance 1998-71.

PETITION #42-98-1 - R. B. WIGGINS & RICHARD B. WIGGINS III

TRUSTEE OF GREEN ACRES TRUST (RICHEY & CRAWFORD, PA)

TRACKING #67-98-CFD/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that this was an existing CFD Ordinance that was limited to an Adult Congregate Living Facility (ACLF). The applicants purchased the property with full intentions to use it for a church, so they have to come back today and add it as a use. Staff is recommending approval, there was no opposition to the request, and it is consistent with the Comprehensive Plan.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Mr. Steve Richey, Attorney representing the applicant, stated that there is no ACLF operating there, and it is an addition to the PFD to allow them to operate a small church of about 35 people. He stated that the site plan has been evaluated by Fire and Emergency Services, and the existing building is 5,200 square feet. Mr. Richey stated that any uses beyond the church will come back to this Board for approval.

It was noted that Reverend Hammon was present in the audience.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Gerber, 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 the request for an amendment to CFD (formerly PFD) Ordinance #38-91 to add a church and accessory uses to the existing Adult Congregate Living Facility, Petition #42-98-1 R. B. Wiggins & Richard B. Wiggins III, Trustee of Green Acres Trust (Richey & Crawford, PA), amendment to CFD, Tracking #67-98-CFD/AMD, Ordinance 1998-72.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/COMMITTEES/GRANTS/RESOLUTIONS

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board to explain the request for approval of the Resolution providing for the continuation of the Local Law

Enforcement Block Grant Advisory Board. Mr. Smith stated that the sunset date in the original Resolution is September 30, 1998, and it appears that the County will be receiving the Local Law Enforcement Block Grant (LLEBG) opportunities on an annual basis. Staff is requesting a continuance of the Resolution to have the committee on an ongoing basis, unless the LLEBG opportunities cease, or the Board decides to take any other specific action to dissolve it.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1998-126 providing for the continuation of the Local Law Enforcement Block Grant Advisory Board, providing a method for filling vacancies, amending termination provisions and providing for an effective date.

CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

Ms. Sharon Farrell, Senior Director, Department of Growth Management, addressed the Board to discuss a Special Master Settlement Agreement between Lake County and The First National Bank of Mount Dora and Rodney Ihrig Revocable Trust Agreement. She stated that this was a lot of record issue, which involved a plat from 1962, and they failed the lot of record in 1998. She stated that a history of different lot of record approvals was submitted to staff, with some matching and some not matching the County records. She stated that a purchase was made based on a 1989 lot of record, and the settlement is to recognize Lots 1 and 2, however, put them on a shared septic tank and a shared well, and the homes will be limited to two bedrooms each, which will be equivalent to a four bedroom home on two lots. Ms. Farrell stated that staff was recommending approval of the request.

Commr. Hanson noted that she had some contact with the daughter of Mr. Rodney Ihrig regarding this case.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Settlement Agreement between Lake County and The First National Bank of Mount Dora, as Successor Trustee of the Rodney Ihrig Revocable Trust Agreement, providing use of Lots 1 and 2 of Pine Valley Subdivision, subject to conditions of the Settlement Agreement.

REPORTS - COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/SPECIAL MASTER

Mr. Sandy Minkoff, County Attorney, stated that staff was recommending approval of the agreement with the Special Master in connection with the Settlement Agreement that was just approved.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Special Master Agreement between Lake County, Owner, and Frank T. Gaylord, Special Master.

CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE/PARKING

Mr. Sandy Minkoff, County Attorney, addressed the request for approval of a Lease from First Union National Bank, which would allow the County to use 16 parking spaces essentially at no cost. He stated that Mr. James C. Watkins, Clerk of Courts, as well as Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, were instrumental in obtaining the agreement, and the item was placed on the Board's agenda, in order to expedite the request.

Commr. Cadwell made a motion, which was seconded by Commr. Good, to approve the request for approval of the Lease between Lake County and First Union National Bank allowing the County to lease 16 parking spaces located in the vicinity of Main Street and New Hampshire Avenue at no cost, for a period of three years.

Under discussion, Commr. Swartz questioned whether there would be any additional leases coming to the Board, or were the others just arrangements the County has without a formal lease.

Mr. Minkoff stated that the County has a letter agreement with the First Baptist Church, and it does not show any spaces on Lake Region's property as part of the County plan.

Commr. Swartz directed Ms. Taylor, BCC Administrative Assistant, to prepare a letter to both First Union National Bank and the First Baptist Church of Tavares thanking them for allowing the County to have these parking areas.

Ms. Sue Whittle, County Manager, informed the Board that staff would be bringing to the Board the County parking plan for review on September 1, 1998.

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

Mr. David Knaup, Co-Chair of the Board of Trustees Union Congregational Church, informed the Board that the church had inherited a piece of property on Joanna Street that the church does not want and thought maybe the County would like to pursue acquiring it for parking.

Commr. Swartz directed Mr. Knaup to contact Mr. Alvin Jackson, Deputy County Manager, to discuss the issue.

ORDINANCES/PUBLIC HEALTH

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve the request for approval to advertise Ordinance amending Chapter 3, Alcoholic Beverages, Section 3.4 of the Lake County Code by amending verbiage of health warning posted signs and providing for exemption of vendors selling alcohol for consumption on premises.

` Commr. Swartz noted that Mr. David Cleary was in the audience, and he appreciated the efforts made by him, as well as the Commissioners and staff.

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

OTHER BUSINESS

ADDENDUM NO. 1

COMMITTEES/ APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the following appointments and reappointments to the Lake County Impact Fee Evaluation and Review Committee:

Reappointments Appointments

David Hanna Jerry Cox

Jean Kaminski Howard Barry

Mark Schneider Carol Rogers

Joe Hill

REPORTS - COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT #3

RESOLUTIONS

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the request for approval and execution of Resolution 1998-119 honoring Dr. A. A. Boggus expressing appreciation and gratitude for his service to Lake County.

Under discussion, Mr. Sandy Minkoff, County Attorney, informed the Board that the City of Tavares will be dedicating the new stadium to Dr. Boggus at the first football game, September 4, 1998. He stated that this would be a good time for the County to present its Resolution.

Commr. Swartz directed Ms. Taylor, BCC Administrative Assistant, to look into this issue.

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

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/MEETINGS

Ms. Sue Whittle, County Manager, informed the Board that an Urban Corridor Design Seminar had been scheduled for Friday, September 4, 1998, in the Administration Building, in cooperation with the Leesburg Partnership, City of Leesburg, and Land Planning Group, and she anticipates an expense to the County of no more than $250 to help with lunch.

COUNTY ATTORNEY/MISCELLANEOUS

Mr. Sandy Minkoff, County Attorney, informed the Board that his daughter had been chosen to be a member of the Florida Symphony Youth Orchestra, and since it is a not-for-profit organization, they have asked him to send out some solicitations that they have prepared.

FIRE & EMERGENCY SERVICES/MEETINGS/ELECTIONS

Commr. Swartz noted that the Public Hearing on the fire issue has been scheduled for the same day as the Primary Election, September 1, 1998, and he has informed the people that have been calling, as well as Ms. Emogene Stegall, Supervisor of Elections, that the Board will be having their budget hearings on September 8, 1998, and September 22, 1998, and because any change in the fire assessment fee would involve budgetary action by the Board, the public may attend and express their comments regarding the fire issue at that time.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:30 a.m.

G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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