A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 1, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, December 1, 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; Welton G. Cadwell, Vice Chairman; Robert A. Pool; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.

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

ELECTION OF OFFICERS

Election of Chairman

Commr. Swartz opened the floor for nominations for the position of Chairman of the Board of County Commissioners for 1999.

Commr. Hanson nominated Commr. Welton G. Cadwell as Chairman.

There being no other nominations, Commr. Swartz called for a vote on the nomination, which carried unanimously by a 5 - 0 vote.

Commr. Swartz turned the Chairmanship over to Commr. Cadwell.

Election of Vice Chairman

Commr. Cadwell opened the floor for nominations for the position of Vice Chair of the Board of County Commissioners for 1999.

Commr. Pool nominated Commr. Hanson as Vice Chair.

There being no other nominations, Commr. Cadwell called for a vote on the nomination, which carried unanimously by a 5 - 0 vote.

AGENDA UPDATE

It was noted that a published Addendum No. 1 had been added to the agenda.

Mr. Sandy Minkoff, County Attorney, stated that a letter from the Lake County Water Authority, dated November 25, 1998, regarding Lake Lowery had been distributed to the Board prior to the start of the meeting and requested that said letter be added to the agenda for discussion under County Attorney's Business.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to add to the agenda for discussion under County Attorney's Business a letter from the Lake County Water Authority, dated November 25, 1998, regarding Lake Lowery.

MINUTE APPROVAL

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of November 10, 1998 (Regular Meeting), as presented.

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Simon R. Rodriquez, Case No. 97-71-CFA-DS, in the amount of $750.00; and authorized proper signature on same.



Request for approval of Satisfaction of Judgment for Michael William Coury, Case No. 84-17,137TT54, in the amount of $250.00; and authorized proper signature on same.



Request for approval of Satisfaction of Judgment for Sandra Lowe, Case No. 90-1112-CFA, in the amount of $250.00, OR Book 1213, Page 823; and authorized proper signature on same.



Request for approval of Satisfaction of Judgment for Sandra Lowe, Case No. 90-1112-CFA, in the amount of $250.00, OR Book 1103, Page 757; and authorized proper signature on same.



Request for approval of Satisfaction of Judgment for Sandra Lowe, Case No. 90-1112-CFA, in the amount of $250.00, OR Book 1167, Page 1991; and authorized proper signature on same.



Bonds - Contractor



Request for approval of Contractor Bonds, New and Cancellations, as follows:

New



4625-99 Martin P. Liles (Electrical)

4648-99 Sickels Plumbing (Plumbing)

4674-99 Craig M. Sorg/C.L.S. Electric, Inc.

5305-99 Kenneth Lee Welker, Jr.

5531-99 Greg Sanders/Fire & Ice H/AC

5535-99 Central Systems S.E., Inc. (Mechanical)

5660-99 Harold E. Pond (Heating & Air Conditioning)

5662-99 Ronald Tripp dba Action Electric



Cancellation



4759-99 James Wilson dba J W Aluminum

Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.





Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending October 31, 1998. Disbursements: $139,773.51. Same period last year: $164,017.14.



Utilities



Request to acknowledge receipt of Notice of Application for a Transfer of Majority Organizational Control Legal Notice - Notice is hereby given on November 3, 1998, pursuant to Section 367.071, Florida Statutes, of the application for transfer of majority organizational control of Crystal River Utilities, Inc. to AquaSource Utilities, Inc. providing water utility service to the described property.



Ordinances/Municipalities



Request to acknowledge receipt of City of Clermont Ordinance No. 369-M providing for the annexation of a certain parcel of land contiguous to the present City of Clermont boundaries. Passed and ordained by the City Council of the City of Clermont, Lake County Florida on October 27, 1998.



Audits/State Agencies



Request to acknowledge receipt of State of Florida Auditor General Report No. 13316, Financial Statements of the District Board of Trustees Lake-Sumter Community College for fiscal year ended June 30, 1998.



COUNTY MANAGER'S CONSENT AGENDA



Ms. Sue Whittle, County Manager, requested that Tab 6, Item b., a request for approval and execution of a contract between Lake County and Rispoli-Sosa Architecture, Inc., the top ranked respondent for RFP 98-114, Master Plan for Lake Idamere Recreational Park, Phase 1, be pulled from the agenda for discussion.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 6, Item b:

Accounts Allowed/Jobs Growth Incentive Fund



Request for approval to return Jobs Growth Incentive award monies, in the amount of $17,100, to the Trust Fund account.



Industrial Development Authority



Request for approval to accept the Industrial Development Authority's recommendation to award G & T Conveyors the Outstanding Industry of the Year for 1998 and to award Carl Lunderstadt the Industrial Leadership award for 1998.



Accounts Allowed/Budget Transfers



Request for approval of transfer of Infrastructure Sales Tax Funding, in the amount of $10,000, from the Mount Plymouth Fire and Rescue Company Project to the Pine Lakes Park Project.



Accounts Allowed/Budgets/Contracts, Leases & Agreements



Request for approval and execution of a three (3) year contract between Lake County and Jones Edmunds & Associates, Inc. to supply engineering consulting services for Solid Waste Management related to landfill gas emissions and air emissions monitoring. Funds in the estimated amount of $5,000 will be from Landfill Enterprise, Solid Waste Disposal Operations Interfund Transfers.



Request for approval and execution of a contract between Lake County and Michael A. Graves, top ranked respondent for RFP 99-013, Conflict Attorney Services per the recommendation from Sandy A. Minkoff, County Attorney. The contract will be a fixed annual fee of $98,500 plus reimbursable costs up to $500.00 per case (reimbursable costs in excess of $500.00 per case shall require prior approval from the trail judge). Funding will be from General Fund, Judicial, Court System, Conflict Attorneys.



Request for approval of transfer of funds, in the amount of $10,000, from Special Reserve account to Aids to Governmental Agencies account. Fiscal Year 1998 funds that were originally appropriated for Mt. Plymouth will not be used. The Parks and Recreation Advisory Board recommended at their October 16, 1998 meeting that these funds be used for the Pine Lake Park Project for Fiscal Year 1999. (Transfer contingent upon approval of Agenda 99A-093.)



Request for approval of transfer of funds, in the amount of $9,000, from Special Reserve account to Improvements Other than Building account. On April 21, 1998 the Board approved a request from the Florida Game and Fresh Water Fish Commission to fund part of a new fishing pier at Herlong Park in Leesburg, on Lake Griffin. The project has been completed, but funds were not rebudgeted in Fiscal Year 1999 to pay for the project.



Request for approval of transfer of funds, in the amount of $6,000, from the Contingency account to Tuition Reimbursement account. Due to an oversight, funds were not budgeted for the "Tuition Reimbursement" line item for General Fund employees. Requests for reimbursement have been submitted for payment and there are not enough funds to cover these requests. There are no other funds available in the Personnel budget to absorb these costs.



Request for approval to transfer funds, in the amount of $25,000, from the Contingency account to Contractual Services account. Computer Services has begun the Year 2000 audit of personal computers, servers, and network equipment. The results show the necessity of contracting outside help to finish the audit and apply the fixes. One technician (4 weeks during 12/98) is necessary to assist in the audit phase in order to give departments recommendations for the budget process. Two technicians (8 weeks during 1/99 and 2/99) are necessary to assist in the software-fix phase of the project. Maintaining a consistent, methodical, accurate plan of audit and fix to our approximately 300 personal computers is critical to insure an uninterrupted workplace for our employees and citizens of Lake County.



Request for approval and execution of Resolution No. 1998-187 amending the Law Enforcement Trust Fund in order to receive unanticipated revenue for Fiscal Year 1998/1999, in the amount of $85,000, from confiscated property received as a result of a joint investigation between Lake County Sheriff's Office, IRS, and the New York State Attorney Generals Office.



Bonds-Mobile Home



Request for approval and execution of Mobile Home Bond for Rex and Sherie Rednour to place a travel trailer on property located at 4445 Allen Road, Fruitland Park, while constructing a conventional home - Commission District 1.



County Employees/Personnel



Request for approval and execution of Certificates for employees with one and three years of service.



Deeds/Rights-of-Way, Roads & Easements



Request for acceptance of the following Non-Exclusive Easement Deed, Quit Claim Deed, Statutory Quit Claim Deed, and Statutory Warranty Deeds:



Non Exclusive Easement Deed



Jack D. & Janice Elaine Stickland

Loop Road



Quit Claim Deed



District Board of Trustees Lake-Sumter Community College

College Road (1-4830A)



Statutory Quit Claim Deeds



Gary D. & Susan K. Dernlan

Emeralda Island Road (5-7528)

Tammy Jane Rodgers

Maggie Jones Road (4-8190)



James H. & Juanita U. Cottom

Marion County Road (5-8010)



Glenn E. & Georgia P. Cottom

Marion County Road (5-8010)



Statutory Warranty Deeds



Town of Lady Lake, a Florida Municipal Corporation

First Street



Christopher D. & Michele L. Schwenk

Luana Drive



Resolutions



Request for approval and execution of Proclamation No. 1998-183 declaring January 10-16, 1999, as "Stop! Red Light Running Week" in Lake County.



Assessments/Roads-County & State



Request for approval of Satisfaction of Assessment Liens for the following road assessments:



Name Assessment No. Amount

Albert & Peggy Adams 679070 $3,028.39

Jerry & Barbara Fought 679070 $697.53

Rebecca C. Ely 685020 $2,722.98

Edward Railing 685037 $2,540.76

Peggy H. Kleinmann 686028 $1,329.50

Ronnie & Robin Bush 692012 $3,722.04



PERSONAL APPEARANCES/PUBLIC HEARING

PERSONAL APPEARANCES

EMPLOYEE AWARDS

At this time, Commr. Cadwell presented the following awards and plaques, as Ms. Lourdes Ramos, Personnel Manager, provided information on each individual:

Presentation of Plaque to Employee with Five Years of Service

Thomas Leathers, Code Enforcement Director, Growth Management/Building

Presentation of Plaques to Employees with Ten Years of Service

Charles Mohr, Leachate Systems, Solid Waste/WFMO (Not Present)

Margaret Griffin, Field Office Technician, Solid Waste/MIS Scales (Not Present)

Presentation of Plaque to Employee with Fifteen Years of Service

Linda Meeker, Senior Probation Officer, Community Services, Probation (Not Present)

Presentation of Plaque to Retiring Employee

Patricia T. Abel, Administrative Assistant, Facilities and Capital Improvements, Capital Improvements Administration - Thirty Years



LAKE COUNTY BOARDS AND COMMITTEE AWARDS



PRESENTATION OF PLAQUES



Lake County Library Board



Dr. Michael Jasenas for service from 1991-1998



Lake County Natural Resources Advisory Committee



Terrell Davis for service from 1991-1998

Donald Miller for service from 1991-1998

E.F. Miller for service from 1991-1998

Joe Branham for service from 1991-1998 (Not Present)

Tom Wetherington for service from 1992-1998

Fred E. Cross, III for service from 1991-1998 (Not Present)

James R. Gregg for service from 1991-1998 (Not Present)



PRESENTATION OF CERTIFICATES



Lake County Affordable Housing Advisory Committee



Ruth Pelham for service from 1994-1998 (Not Present)

Lake County Citizen's Commission for Children



Felix Ramirez for service from 1994-1998 (Not Present)



Lake County Comprehensive Health Care Committee



Rebecca McDonald for service from 1996-1998 (Not Present)



Lake County Cultural Affairs Council



Alton Roane for service from 1995-1998 (Not Present)



Lake County Impact Fee Evaluation and Review Committee



David Hanna for service from 1996-1998



Lake County Library Board



Anne-Marie K. Norman for service from 1996-1998 (Not Present)



Lake County Natural Resources Advisory Committee



Elizabeth Barker for service from 1997-1998 (Not Present)

Nick Faryna for service from 1995-1998 (Not Present)

Gene Caputo for service from 1997-1998 (Not Present)

Allen Harwicke for service from 1994-1998 (Not Present)



Lake County Parks and Recreation Advisory Board

Joe W. Shipes for service from 1994-1998

Lake County County-Wide Solid Waste Study Committee



Donna Burrell for service from 1996-1998

Hersh "Bubba" Volat for service from 1997-1998

David Hanna for service from 1995-1998

Jim Richards for service from 1996-1998 (Not Present)

Central Florida Sports Authority



Edd Holder for service from 1997-1998 (Not Present)



PRESENTATION



REPORTS/COMMITTEES

Mr. Bill DuVall, Chairman, Lake County Agricultural Advisory Committee, appeared before the Board to present the 1998 State of Lake County Agricultural Annual Report by the Lake County Agricultural Advisory Committee. He noted that a copy of the annual report would be distributed to the Board at the conclusion of the presentation. He stated that the Agricultural Advisory Committee has completed a number of task and that the report outlines the activities and accomplishments and has been divided into the categories of Past, Present and Future. He stated that Mr. Mike Rinck, Agri Starts III, would be discussing the past, Mr. Bret Wood, Woods Foliage, would be discussing the present, and Mr. Richard Royal, Helena Chemical Company would be discussing the future.

Mr. Mike Rinck, Agri-Starts III, appeared before the Board and stated that agriculture in Lake County has an illustrious past, an exciting present, and a challenging future. He stated that the citrus industry began in the 1840's with the first seedling nursery located on the north shore of Lake Harris. At this time, Mr. Rinck presented a brief synopsis of agriculture in Lake County from 1840 to the present.

Mr. Britt Wood, Wood Foliage, appeared before the Board and stated that agriculture today in Lake County was still thriving and current data shows an on-farm value of more than $100 million, an agri-business value of over $350 million and an economic impact of $1.061 billion dollars to Lake County. At this time, Mr. Wood presented a brief synopsis of agriculture in Lake County as it presently exists and discussed agricultural assets, citrus, ornamentals, vegetables, livestock, ranches, dairies, poultry, pasture and field crops, and timber. He discussed other contributions by Lake County agriculture and stated that 1.5 million gallons of water per acre, or approximately 700 billion gallons of water annually, is captured, filtered and returned to the aquifer for recharge.

Mr. Richard Royal, Manager, Helena Chemical Company, appeared before the Board and stated that economics will drive the future of commercial agriculture in Lake County. At this time, Mr. Royal presented a brief synopsis of agriculture in Lake County in the future and stated that it was important to Lake County's economy and quality of life that commercial agriculture remains. He stated that as the Board's advisory group, the Lake County Agricultural Advisory Committee needs to work with the Board in planning for the future of agriculture, noting that it has been an important part of the County's past and the potential is there for that to continue.

Mr. DuVall stated that the Agricultural Advisory Committee has been unable to complete an agriculture plan; however, they have identified several needs and concerns that need to be implemented in the agriculture plan and these needs and concerns have been included in the annual report. He stated that, in order for the Lake County Agricultural Advisory Committee to play a role in Lake County agriculture, its advice and opinions must be sought by the County Commission, the County government departments, and other leaders in Lake County.

ADDENDUM NO. 1

PERSONAL APPEARANCES

Mr. Hersh "Bubba" Volat appeared before the Board and explained that in 1995 Mr. Rick Trefethen and he established the Committee Friends of the Wall for the purpose of bringing the Vietnam Veterans Memorial "The Moving Wall" to Lake County, which was displayed at Lake Sumter Community College. He informed the Board that the Vietnam Moving Wall was coming back to Lake County on March 24-30, 1999 and would be displayed at the Villages of Lady Lake and sponsored by Veterans of Foreign Wars Post 10126, Lady Lake. At this time, he invited the Board to attend a ceremony on March 27, 1999, at 10:00 a.m., at The Villages.

Mr. Rick Trefethen appeared before the Board and stated that the project costs were estimated at $10,000 and noted that the Board participated in funding a portion of the project in 1995. At this time, he asked that the Board consider funding a portion of the Vietnam Moving Wall project.

Commr. Cadwell requested that staff be provided additional information on the total cost of the project, what the Board's percentage of the total cost would be, and the exact location of the Vietnam Moving Wall at The Villages of Lady Lake.

Mr. Volat stated that the budget for the total project was $10,000 for 1999 and that the Vietnam Moving Wall would be located on U.S. Highway 27/441 between Hardees and Wendys and accessible and viewable directly from U.S. Highway 27/441. He stated that Sun Coast Vietnam Veterans Association would be the only vender.

At this time, staff was directed to place the request for funding for the Vietnam Moving Wall on a future agenda.

   

ADDENDUM NO. 1

PUBLIC APPEARANCES/PUBLIC HEARINGS

ZONING

PETITION NO. CUP#98/8/1-2 CUP IN R-2 ANDY & JONI HANSEN

Ms. Sharon Farrell, Senior Director, Growth Management Services, explained that this request was a continuation from November 24, 1999 to allow the applicant and the opposition to draft an ordinance that was acceptable to the applicants, the opposition, and the Board. She stated that this was a request to relocate an existing water ski school currently operating under CUP#713-2 to a new location as a CUP (Conditional Use Permit) in R-2 (Estate Residential) zoning to operate a water ski and wakeboard school with accessory structures in South Lake County. She explained that an ordinance has been included in the backup that provides for the hours of operation and eliminates activities on Saturday and Sunday, limits the primary access to Orange Avenue, provides language to address future development orders, and provides for a permit review four (4) years following issuance of the CUP. She explained that the parcel was located on Little Lake Blackwelder and noted, for the record, that the applicant was requesting that he receive two(2) buildings sufficient to house five (5) students each with three instructors. She stated that staff would support one (1) unit per five (5) acres; however, the applicant would be required to receive a variance from the Board of Adjustment to actually create two (2) parcels and would be required to go through Development Review. At this time, Ms. Farrell displayed on the monitor a sketch of the parcel and noted the location of the director's home and the two (2) five (5) acre tracts. She stated that staff was recommending denial of a Conditional Use Permit (CUP) in R-2 (Estate Residential) and that the Planning and Zoning Commission has recommended denial of this request.

In response to a question by Commr. Swartz, Ms. Farrell explained that two (2) lots could be created at the proposed location under current Lake County Code with a variance based on hardship. Commr. Swartz questioned if a basic hardship exists on this parcel for creating two (2) lots as it relates to Lake County Code for variances. Ms. Farrell stated that staff would be reviewing this issue with the Board of Adjustment; however, at this time, she does not identify hardship. Commr. Swartz noted that two (2) lots would be inconsistent with what would normally be allowed in a Development Review. Commr. Swartz directed the Board's attention to Section 4. Permit Review four (4) years following issuance of Permit and questioned if said language under Section 4 provides for the ability of the Board to not renew the CUP end at the four (4) year permit review.

Mr. Sandy Minkoff, County Attorney, responded that the only way to make the language absolute would be to state that the CUP expires in four (4) years and that the applicants would have to reapply for the CUP.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Ms. Leslie Campione, Attorney, representing Andy and Joni Hansen, appeared before the Board and stated that the applicants would be agreeable to language which indicates that the CUP expires with the condition that the applicants would be allowed to reapply for the CUP at the end of the four (4) year period as opposed to it being a renewal or a review. She stated that their request would be for the CUP to expire in five (5) years. She stated that the purpose for the two (2) structures was to provide for lodging for the boys in one house and the girls in the other, and explained that the applicants, at the end of the five (5) year period, would like the ability to sell the houses as individual single family residences. She stated that one option would be to plat the two (2) additional lots, if the Board of Adjustment does not grant the variance. She stated that their intent was to provide the ability to continue to use the two (2) residences if the use of Little Lake Blackwelder, under the CUP, were to terminate. Discussion occurred regarding paving Orange Avenue, a county maintained road. She directed the Board's attention to Section 2. A. (2) of the ordinance and stated that they have developed language to be added at the end of the paragraph that states that in the event that the applicant is successful in obtaining the necessary variances to the Land Development Regulations, a third building may be constructed that meets the above requirements. She stated that said language could be changed to be either a variance is granted or, if the property is platted in accordance with the Land Development Regulations, a third building may be constructed.

At this time, the Board requested that Mr. Jim Stivender, Senior Director, Public Works, provide a road map illustrating the location of Orange Avenue. Mr. Stivender illustrated on the road map the location of Orange Avenue and discussed same.

Mr. Steven Richey, Attorney, representing C.W. Davis, Terry and Yvonne McEwen, and Ruth Stokes, appeared before the Board and stated that, if the Board approves to overturn the Planning and Zoning Commission's recommendation for denial and approve CUP#98/8/1-2, he would like to make a few comments on the ordinance. He stated that it was his understanding from the majority of the Board that, if the County permits this commercial activity to be located in this rural suburban area, there would be a termination date and that the houses were to be reestablished at the end of that period of time as single family residences. He requested that the ordinance reflect that the two (2) structures shall revert to single family residences at the end of the termination of the CUP. He expressed concern that single family residences would be developing in this area within the next five (5) years, and stated that they were requesting that language be added to the ordinance that states that the commercial utilization of the lake shall yield to private residential use of the lake and that a date certain termination date of the CUP be added. He discussed the paving of the easement and stated that the preferred route would be paving Orange Avenue.

Mr. Franklin Reeves, a resident of Moon Lake, appeared before the Board to testify that his residence was adjacent to the water ski school, and he has been the neighbor of Andy and Joni Hansen for five (5) years. Mr. Reeves stated that the character of the Hansens would not allow a disturbance by the ski school, and that the school has not created a disturbance or polluted Lake Moon.

Mr. Richey reappeared before the Board and presented questions to Mr. Reeves regarding his testimony. Mr. Reeves stated that he has not been on Little Lake Blackwelder when the ski school has been operating, and has no knowledge of the alleged conflict with the residences on Lake Blackwelder.

Ms. Debbie Zebrowsky, a resident on Lake Arthur, appeared before the Board and requested a stipulation that Lake Arthur not be used for this commercial use and stated that, if Orange Avenue is not required to be paved, there should be language in the CUP which addresses maintenance of Orange Avenue as Orange Avenue is their residential access to Marilyn Avenue.

Ms. Campione responded to Mr. Richey's comments and stated that they would be agreeable to a provision that would state that commercial activity of the ski school boats shall yield to bona fide recreational uses associated with legally permitted residential structures on the lake.

Commr. Hanson requested that the above noted language exclude the reference to "associated with legally permitted residential structures".

Ms. Campione stated that said language could be amended to refer to bona fide recreational uses associated with ownership of the lake front property. She stated that the applicants would like a provision in the ordinance, under Section 2.A. Land Uses, which states that the Primary access to the ski school shall be Orange Avenue. She stated that paving the entrance would only be in the event that the applicants plat the lots to sell as single family residential lots. She stated that, under Section 4. Permit Review, the applicant would be agreeable to stating that the ski schools use of Lake Blackwelder shall cease five (5) years after issuance of the permit and the Permittees shall be entitled to use the ski school buildings for ski school purposes not associated with Lake Blackwelder or may change the use of the ski school buildings to single family residences. She noted that they would not be opposed to adding a provision that the ski school could not use Lake Arthur for skiing purposes.

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

On a motion by Commr. Pool, seconded by Commr. Gerber and carried by a 3 - 2 vote, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request for a Conditional Use Permit (CUP) in R-2 (Estate Residential) for the purpose of operating a water ski and wakeboard school with accessory structures, as amended allowing for one (1) structure and one existing Director's home, the CUP shall terminate in four (4) years, and preferential use of lake shall be given to residential property owners.

Commr. Hanson stated that she would support the paving of Orange Avenue in lieu of a variance if platting should occur.

Commr. Swartz stated that he was convinced that this CUP was not workable and stated that he was opposed to two (2) structures and his only support of this request would have been if it created another single family residence that could easily be converted. He stated that he would not consider support of a CUP for more than three (3) years assuming everything else worked. He stated that he would not support this request.

Commr. Cadwell suggested that the Board should not be approving a CUP that requires so many conditions and stated that he would not support this request. He stated that the Board needs to look at the County's rules and regulations when it comes to commercial recreational.

Commr. Gerber stated that a ski school was different, and the Board needs to look at new rules to fit this type of request. She stated that she would support the motion for approval of a CUP in R-2 (Estate Residential).

Commr. Swartz questioned what language in the proposed ordinance assures that the first and second structures were single family residences; at which time, Ms. Farrell responded that discussion has occurred in regard to limiting the square footage. She stated that the ordinance does not contain language that requires that the structure be built as single family residence in appearance.

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

Commr. Cadwell and Commr. Swartz voted in opposition.



RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess and reconvene at 10:45 a.m.

PUBLIC HEARINGS

ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending Chapter XV of the Land Development Regulations, Appendix E of the Lake County Code, providing for waiver and deferral of impact fees for day care centers, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR AMENDMENT TO CHAPTER XV OF THE LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO SECTION 15.00.01, DEFINITIONS, TO ADD A DEFINITION FOR DAY CARE CENTERS; PROVIDING FOR CREATION OF SECTION 15.00.07, PROVIDING FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR DAY CARE CENTERS; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



At this time, Commr. Cadwell opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Discussion occurred regarding the one (1) year sunset provision under Section 3, and it was the decision of the Board to change said provision to two (2) years, as follows: Section 15.00.07, Waiver for Day Care Centers shall repeal on October 1, 2000, unless the Board of County Commissioners acts to reenact the Waiver provision.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1998-95, an Ordinance amending Chapter XV of the Land Development Regulations, Appendix E of the Lake County Code, providing for waiver and deferral of impact fees for day care centers, as amended changing the sunset provision to October 1, 2000, as read on its final reading, by title only.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Arnold Lanchaster, Sr., President, Deerhaven Homeowner's Association, appeared before the Board to discuss the serious problem of unrestrained nuisance dogs in the Deerhaven Subdivision and other communities in Lake County. Mr. Lanchaster introduced Mr. Ernie Swindle, Vice President, Deerhaven Homeowner's Association, and others present in the audience from the Deerhaven community who were in support of his comments. He stated that it was the responsibility of the Board of Directors of the Deerhaven Homeowners' Association to develop a community designed for safe, helpful and harmonious living. At this time, Mr. Lanchaster discussed several situations in which unrestrained dogs in the Deerhaven community have attacked residents of the community. He stated that animal control has been called on several occasions; however, the laws in Lake County governing animal control prevent the animal control officers from properly doing their jobs. He request that the Board address the rules governing animal control officers. At this time, he read an article from the Lake Sentinel, dated April 2, 1998, regarding the harboring of vicious dogs as family pets. He further read a letter addressed to Commr. Hanson, dated June 30, 1998, regarding the problem of unrestrained dogs in the Deerhaven community.

Commr. Cadwell stated that a workshop has been scheduled with the Board and staff on the Animal Control Ordinance on January 12, 1999 and that two public hearings would be scheduled following the workshop. COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ORDINANCES/PLANNING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present a request for approval to advertise an Ordinance amending Section 9.04.04 of the Lake County Land Development Regulations providing for the installation of sidewalks along road frontages for all new properties with a base residential density greater than one unit per acre; all Planned Unit Developments (PUD); and all commercial developments.

Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and discussed Section 2. B. Off-Site, which addresses installation of off-site sidewalks along road frontages. He presented situations illustrating the intent of said language.

Commr. Swartz questioned the intent of Section 2. B. Off-Site and stated that staff needs to look at this section more carefully, noting that there needs to be a strong basis for requiring an off-site improvement. He directed the Board's attention to Section 2. B. Item a. and requested that the following language be amended, as follows: Item (a): A base residential density greater than one unit per acre or any residential development in urban expansion or in any designated urban compact node. Discussion occurred regarding said language.

At this time, Mr. Sandy Minkoff, County Attorney, recommended a change to Section 2. B. Off-Site changing "shall provide" to may be required to provide.

Commr. Hanson expressed concern with language under Section 2. B. Item c. All commercial development and stated that a single commercial development in a rural area would be required to put in a sidewalk that leads to no where. She request that staff continue to work on said language in regard to the rural areas.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to advertise an ordinance amending Section 9.04.04 of the Lake County Land Development Regulations providing for the installation of sidewalks along road frontages for certain types of development.

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present the request for approval and execution of a contract between Lake County and Rispoli-Sosa Architecture, Inc., the top ranked respondent for RFP 98-114, Master Plan for Lake Idamere Recreational Park, Phase 1, which had been pulled from the Consent Agenda for discussion. Mr. Anderson distributed a copy of the revised proposal for the design development of Lake Idamere Park from Rispoli - Sosa Architecture, Inc. He explained that the Parks & Recreation Committee approved the concept of developing Lake Idamere Park and, following approval by the Board, Mr. Chuck Pula, Special Services/Parks & Recreation Coordinator, moved forward with a grant application to the state and was successful in acquiring approximately $100,000 in grant funds that would be combined with an additional $150,000 from the Boat and Fishing Funds to develop Lake Idamere Park. He stated that the Selection Committee has chosen Rispoli-Sosa Architecture, Inc. as the selected firm for the design. He explained that the proposal before the Board, at this time, was for the Master Plan Layout of the 45 acre park on the east/south shore of Lake Idamere. At this time, Mr. Anderson briefly discussed the proposal from Rispoli-Sosa Architecture.

Commr. Gerber stated that she was not aware that the Board had committed to such an extensive Lake Idamere Park and expressed concern that the $250,000 would not be sufficient to complete Phase I of the Master Plan Layout. She stated that she was in support of the conceptual plan; however, questioned if the Board was committed to completing all phases of Lake Idamere Park.

Mr. Chuck Pula, Special Services, Parks & Recreation Coordinator, appeared before the Board and stated that the Master Plan proposed Phase II as a regional park and, at this point, the architecture design firm was being requested to look at the feasibility of Phase II at this site.

Commr. Swartz stated that the Board needs to look at Lake Idamere Park as a regional park before the County contracts with an architecture design firm to look at the feasibility of the project. He expressed concern that, if the County moves forward and builds the five (5) proposed soft ball fields on a County park, Lake County would be getting into active recreation, which was a decision that has not been made by the Board.

It was the decision of the Board to schedule a workshop in January on the conceptual plan prepared by staff for Lake Idamere Park to assure this was the direction that the Board wishes to take before hiring an architecture design firm.

No action was taken at this time.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

RESOLUTIONS

Mr. Sandy Minkoff, County Attorney, presented this request.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1998-184 accepting the proposal of SunTrust Bank, Central Florida, National Association to extend the final maturity date under the Line of Credit Agreement between Lake County and SunTrust Bank and to make certain modification thereto; authorizing the execution of delivery of a second amendment to Line of Credit Agreement in order to provide for such extension; authorizing a draw of $10,000,000 on the line of credit in order to refinance an outstanding note under the line of credit; authorizing the issuance of a note to secure the repayment of said draw pursuant to which the County has pledged the pledged funds to pay such note and to provide other security therefore; authorizing the execution and delivery of other documents in connection with said draw on the line of credit.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Resolution No. 1998-185 authorizing a draw of $6,500,000 pursuant to the Line of Credit Agreement between Lake County and SunTrust Bank, Central Florida, National Association in order to refinance an outstanding note under the Line of Credit Agreement; authorizing the issuance of a note to secure the repayment of said draw pursuant to which the County has pledged the pledged funds to pay such note and to provide other security therefore; authorizing the execution and delivery of other documents in connection with said draw.



SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented the request for approval and execution of Settlement Stipulation between Lake County, Hewitt Contracting Co., and SCS, Inc. and stated that all parties were in agreement with the Settlement Stipulation Agreement.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Settlement Stipulation between Lake County, Hewitt Contracting Company, Inc. and SCS, Inc.

WATER AUTHORITY/COMMISSIONERS

Mr. Sandy Minkoff, County Attorney, stated that the Lake County Water Authority has presented a request for Board approval of the Chairman's signature on a letter addressed to Ms. Janet Shearer, Chair, Polk County Board of County Commissioners, dated November 25, 1998, reiterating the goal of Lake County and the goal of the Lake County Water Authority to reach a settlement that achieves a permanent solution to the flooding of the residents surrounding Lake Lowery and requesting that a meeting of one or more Board members from each government body be present to discuss potential settlement options. It was noted that said letter had been distributed to the Board prior to the discussion this date.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved for the Chairman to sign a letter from Lake County to Polk County Board of County Commissioners reiterating Lake County's goal of reaching a settlement that achieves a permanent solution to the flooding of the residents surrounding Lake Lowery and requesting that a meeting of one or more Board members from each government body be scheduled to discuss potential settlement options.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Commr. Pool to serve as the Board's representative at the proposed meeting in regard to the flooding surrounding Lake Lowery.

COUNTY MANAGER

FOR YOUR INFORMATION

Ms. Sue Whittle, County Manager, informed the Board that the County Holiday Luncheon was scheduled on Thursday, December 3, 1998. She further noted that a Board Advance was scheduled on December 6, 1998 at River Forest Campground.

 

COMMISSIONER GERBER - DISTRICT NO. 1

FOR YOUR INFORMATION

Commr. Gerber informed the Board that there was a Business After Hours sponsored by Leesburg Partnership on December 10, 1998 at the Morris House.

RESOLUTIONS/LEGISLATURE

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Resolution No. 1998-186 supporting the removal of conflicting provisions in FS 539.001 and inclusion of said resolution into this year's legislative package.

COMMISSIONER POOL - DISTRICT NO. 2

Commr. Pool recognized the fire departments, the Sheriff's Office, and volunteers who took part in the search and rescue for Kayla Smith and expressed his appreciation for the efforts of all those who took part.

COMMISSIONER HANSON - DISTRICT NO. 4

REPORTS

Commr. Hanson requested that staff prepare a report and make a presentation to the Board on the Y2K (Year 2,000 Compliance) as an outreach to the community.

COMMISSIONER CADWELL, CHAIRMAN - DISTRICT NO. 5

Commr. Cadwell expressed his appreciation to Commr. Swartz for the fine job he did as Chairman of the Board this year, and stated that he appreciates the opportunity to serve as Chairman in 1999.

Commr. Cadwell noted that the Sign Ordinance Workshop was scheduled at 1:00 p.m. and stated, for the record, that the Board would not be discussing billboards.

RECESS & REASSEMBLY

At 11:50 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:00 p.m. for a workshop on the Sign Ordinance.

ADDENDUM NO. 1 (CONTINUED)

WORK SESSION - SIGN ORDINANCE

Commr. Cadwell stated that the workshop on the draft sign ordinance, at this time, would begin on Page 15 of the draft ordinance and that an overview of the entire ordinance would be made later in the workshop. He stated that discussion on the billboard ordinance has not been included in the workshop today.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and stated that the draft sign ordinance, which had been distributed prior to the start of the meeting, includes public comments made at the workshop on November 24, 1998.

At this time, the Board and staff discussed changes in language and additional changes were made by the Board, as follows:.

Section 11.14.04 Political Signs

Ms. Farrell noted a change to Section 11.14.04, Item D., changing the time period for removal of political signs from ten (10) days to thirty (30) days after the election event. Discussion occurred regarding the requirement that political signs in residential zoning districts shall not exceed four (4) square feet; and commercial and industrial zoning districts shall not exceed forty-eight (48) square feet per sign.

Mr. Pat Smallwood, Smallwood Sign Company, appeared before the Board and stated that 24 by 32 foot plywood has been used for political signs in residential zoning areas, which allows six (6) signs per sheet of plywood, which is 5.33 square feet per sign.

Mr. Sandy Minkoff, County Attorney, suggested that size was relative to zoning and appropriate language would be to state that the sign would have to meet the size requirements of the zoning of the area in which the signs are to be located.

It was the decision of the Board to change political signs in residential zoning districts to 5.33 square feet, under Item B.

Mr. Steve Richey, Attorney, appeared before the Board to discuss the time limit on temporary political signs and suggested that language be added under Section11.14.04 that states that signs in political races cannot be put up prior to thirty (30) days of the first primary and requires that the political candidate post a bond for purposes of sign removal.

Mr. Jimmy Crawford, Attorney, appeared before the Board and requested that political signs be defined under Section 11.14.04.

Mr. Minkoff stated that staff would review Section 11.14.04 and bring back additional language to address the above noted concerns.

Section 11.14.05 Real Estate Signs

Commr. Hanson stated that the real estate community should have the opportunity to provide input on Section 11.14.05 Real Estate Signs.

Ms. Joan Dwoskin, Akerman, Senterfift and Eidson, appeared before the Board and questioned why each parcel must be ten (10) acres in size or greater. She stated that, if she were a member of the real estate community, she would be concerned with the ten (10) acre limitation.

Mr. Smallwood stated that real estate signs up to thirty-two (32) square feet should be exempt under Section 11.05.00 Exempt Signs; at which time discussion occurred regarding real estate signs to be permitted. It was clarified that any sign under thirty-two (32) square feet of copy area in industrial, commercial and agricultural districts did not require a permit.

Discussion occurred regarding Section 11.14.05, Item B., and it was the decision of the Board to allow the same setback as required for permanent signs which would be a five (5) foot setback for single use and a fifteen (15) foot setback for multiple use complex.

In response to a concern expressed by Mr. Crawford, Ms. Farrell stated that language would be added under Real Estate Signs to clarify that real estate signs, political signs, and temporary signs are not considered ground signs.

Mr. Bruce Walshburn, LMR Media, appeared before the Board and stated that his understanding was that a sign sixty-four (64) square feet had to be permitted; at which time, Ms. Farrell explained that a zoning clearance and a building permit would be required. It was noted that clarification would be made that temporary signs do not need engineering.

Section 11.14.06 Weekend Directional Signs

Ms. Dwoskin expressed concern with the use of the word "weekend" which would prohibit developments from putting up holiday signs to advertise a special event. She suggested that clarification be made to Item A. to indicate whether the maximum of six (6) temporary off site directional signs may be permitted per single parcel or in the County. Ms. Farrell interjected that the intent was that a maximum of six (6) total temporary off site directional signs may be permitted for one project. Discussion occurred regarding this issue.

Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board and stated that six (6) signs per project was reasonable and provides parameters so that signs can be used to find directions and yet not have the proliferation of signs. She requested that the proposed drafted language remain unchanged.

No changes were made to Section 11.14.06, Weekend Directional Signs.

Section 11.14.07 Subdivisions Development Signs

Commr. Swartz questioned if subdivision development signs should require permitting; at which time, Ms. Farrell responded that staff prefers not to permit subdivision development signs. She explained that the building code requires anything over sixteen (16) square feet to be permitted; however, there are allowances for temporary signs. She stated that signs over sixty-four (64) square feet could be placed under Section 11.05.00 Exempt Signs; however, setback requirements would remain.

Discussion occurred regarding Section 11.05.00 Exempt Signs Item 1 - 21; at which time Mr. Minkoff clarified that Item 1 - 21 would be deleted and language would be added which states that, if the sign was less than thirty-two (32) square feet, no building permit would be required if it was on ten (10) acres or more, and real estate or subdivision sign shall not exceed sixty-four (64) square feet with no permit.

Ms. Dwoskin stated that the term temporary sign, under Section 11.14.07, should be changed because the defined term temporary sign indicates that the subdivision development signs must be removed within thirty (30) days.

It was noted that clarification would be made to temporary signs under Section 11.14.07.

Section 11.15.00 Non-Conforming Signs (OLD SIGNS)

Mr. Crawford expressed concern with language under Section 11.15.00, Item A.1., which states that existing signs that do not conform to the provisions of the ordinance may be eligible for the designation of "legal nonconforming" provided that the sign(s) were installed in compliance with a valid permit or variance. He explained that it was an administrative problem and very difficult to find a sign permit from 20 - 30 years ago.

Mr. Dan Hayes, Mid-Florida Signs, appeared before the Board and questioned who was responsible for the permits and variances from thirty (30) years ago; at which time, Ms. Farrell stated that staff does a search and if no permits are found, other documentation is usually located and the matter is resolved by staff. Mr. Hayes discussed Section 11.15.00, Item B.2. Repair or rebuilt when destroyed or damaged to the extent of fifty (50) percent or more of its replacement value, except in conformity with this code. He questioned who would be responsible for determining the replacement value of signs.

Mr. Minkoff suggested that language under, Section 11.15.00, Item A. 1., be changed to indicate that the sign(s) were lawfully installed deleting "in compliance with a valid permit or variance".

Section 11.16.00 Change In Use

Section 11.17.00 Additions to Existing Development

Section 11.18.00 Enforcement

Section 11.19.00 Variances

No changes were made to Section 11.16.00, Section11.17.00, Section 11.18.00, and Section 11.19.00.

At this time, the Board and the public were invited to make comments on the proposed changes to the draft sign ordinance.

Ms. Dwoskin directed the Board's attention to Section 11.16.00, Change In Use, and stated that it was difficult to tell when the Change In Use was to be applied; at which time, Ms. Farrell explained that the Change in Use was determined by the matrix that list different uses and zoning categories in the Land Development Regulations.

It was noted that Section 11.16.00 would be defined to include a definition for Change In Use.

Mr. Jeffery Richardson, Action Portable Signs, appeared before the Board and explained that he rents portable signs to small businesses, and municipalities in Lake County. He appealed to the Board to look at the issue of portable signs from his perspective as a portable sign company and from the perspective of the small businesses around the roadways and high traffic areas. He stated that a portable sign makes a tremendous difference whether a small business is successful and expressed concern that severe restrictions placed on portable signs will be putting a tremendous hardship on small businesses in Lake County. He stated that his first preference would be to regulate portable signs, and he would be happy to assist staff in drafting appropriate language to regulate said signs.

Section 11.12.00 Off Site Directional Signs

Mr. Steve Richey, Attorney, representing Harbor Hills and Mr. Elliot Owens, who was present in the audience, discussed Section 11.12.00 Off Site Directional Signs, which had been deleted from the draft sign ordinance, and stated that Harbor Hills currently operates twelve (12) off site directional signs to direct people to their resort and development and, without the ability to have off site directional signs, it would be very difficult to find their facility and development. He requested that the Board specifically address this issue and draft language based on the distance of the project from a major road, or on criteria that would allow off site directional signs. He requested permission to provide the Board with appropriate language.

Section 11.13.02 Subdivision Entrance Signs

Mr. Richey directed the Board's attention to Section 11.13.02 Subdivision Entrance Signs and explained that subdivision entrance signs have been limited to a maximum allowable sign surface area of sixty (60) square feet. He discussed the sign at Royal Highlands and stated that the Royal Highlands sign would not be allowed under the proposed ordinance because the wall that the sign was mounted on was part of the sign. He requested that clarification be made to wall signs.

Ms. Farrell explained that the proposed language, under Section 11.13.02, allows for a combined total of sixty (60) square feet for allowable sign surface area and the sign area cannot exceed the height or length of the wall.

Mr. Richey expressed concern with pole signs and stated that he reserves the right to provide to the Board photographs and information on pole signs. He stated that his office would be providing in writing to the Board information on size of signs in relation to the use and the use areas.

Mr. Dan Hayes, Mid Florida Signs, discussed Section 11.13.02 and question the method in which to calculate the total square footage for the maximum allowable sign surface and reiterated his statements from the previous workshop on November 24, 1998. He stated that he would like to hear comments from the Board in regard to Section 11.10.01 Ground Signs and stated that it hurts his business to downsize and to keep his volume of business he would be required to go elsewhere to sell his signs

Mr. Richey stated that Section 11.13.02 Item A. limits the subdivision entrance signs and allows for one double faced identification sign to be placed in the median of private entrance roads. He noted that there are several areas in Lake County where there are public roads and right-of-way utilization permits have been received from the County. He suggested that language be added that states "or within the public right-of-way as permitted by Lake County".

Mr. Crawford presented closing comments and stated that he would be submitting to the Board written comments on the draft sign ordinance. He stated that, in his opinion, the proposed sign ordinance would be more restrictive than any of the sign ordinances of bordering counties. RECESS & REASSEMBLY

At 2:30 p.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 2:40 p.m.

WORK SESSION - SIGN ORDINANCE (CONTINUED)

At this time, Ms. Farrell presented a brief overview of the changes that have been made to the proposed draft sign ordinance.

Mr. Minkoff stated that the existing ordinance would be reviewed to keep the existing rules for off site signs in place and, at the same time, accommodate the new rules.

Section 11.04.00 Prohibited Signs (NEW)

Delete Item 3. - "Billboards" (To be addressed by separate ordinance)

Section 11.05.00 Exempt Signs

Rewrite entire section.

Section 11.05.00 Permitted Signs (Matrix)

Delete Item B. - "Off Premise Signs. Off premise directional signs."

Section 11.07.00 Permitting Procedures

Insert - 2. Alteration of existing signs. The Planning and Development Services Division shall review applications for alteration of any permanent sign when the alteration is not in conjunction with a modification of the site or existing structure of which site plan approval is required.



Delete Item 3. - "No permit shall be issued for a sign located adjacent to a principal arterial, state road or state highway without written approval from the State Department of Transportation."

Section 11.08.00 Freestanding signs to be ground signs.



Insert - The width of such enclosed base shall be equal to at least three-fourths the horizontal width of the sign surface.



Section 11.09.00 Site Plan Required



Insert - applications for new signage shall be submitted in conjunction with the site plan for review and approval prior to the issuance of a Development Permit.



Section 11.10.01 Ground Signs



Insert - Single tenant uses, not centers, in commercial, industrial and office sites shall be permitted signage under this section.



Item C. 2. (a) - inserted 60 square feet per face; (b) 48 square feet per face

Item D. 1. - after "eight (8) feet in height" insert on a two (2) lane roadway and twelve (12) feet in height on multi lane divided roadway.

Item D. 2. - after "finished grade" insert or roadway whichever is higher.



Item G. - insert The width of such enclosed base shall be equal to at least three-fourths the horizontal width of the sign surface.



Item H. - insert The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site.



Section 11.10.04 Commercial Center Identification Signs



Insert - C. If the building has multiple frontage with architectural design to indicate front street orientation to both frontages, an additional ground center identification sign shall be permitted up to 50 percent on secondary frontage.



Item D. - 1. - delete "Community Activity Centers and Regional Activity

2. - delete "Neighborhood Activity

3. - delete "Neighborhood Convenience"; "of 5000 square feet"



Item F. - 2. - change "fifteen (15) to ten (10) feet



Item G. - insert The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site.

Section 11.10.05 Directory Signs for Industrial Parks



Item B. - insert in addition to ground and wall signage,

1. delete "Complexes"

2. delete "Complexes"

Section 11.11.01 Wall Signs



Item A. - insert Wall signage shall be in addition to Ground Signs.



Section 11.11.02 Shopping Center Wall Signs



Item A. - insert per building front



Item B. - delete "No sign area may exceed two hundred (200) square feet."



Section 11.11.05 Automobile Service Stations



Delete entire section.



Section 11.11.09 Flag Poles



Delete entire section.



Section 11.12.00 Regulations for Off Premise Commercial Signs



Delete entire section.



Section 11.13.01 Signs Within Planned Unit Developments



Delete entire section.



Section 11.13.02 Subdivision Entrance Signs



Item D. - delete "a combined total"



Section 11.13.03 Flag Poles



Delete entire section.



Section 11.14.00 Temporary On Site Signs



Insert - A temporary sign is a sign erected on a parcel of property lasting for thirty (30) days, not permanent, for a specialized purpose.



Delete - "B. Temporary signs may not be permanently attached to the ground, buildings or other structures.



Temporary On Site signs will be revisited.



Section 11.14.04 Political Signs



Item B. - change "four (4) to 5.33



Item C. & D. - County Attorney to rewrite entire sections.



Section 11.14.05 Real Estate Signs



Item B. - delete "twenty (20) feet; insert five (5) feet from setback for single use and fifteen (15) feet from right-of-way for multi-use complex.



Section 11.14.06 Weekend Directional Signs



Item A. - add clarification that a total of six (6) temporary off site directional signs on a single parcel or in the County may be permitted.



Item A. 3. - delete entire section.



Section 11.15.00 Non-Conforming Signs (OLD SIGNS)



Item A. 1. - insert lawfully installed; delete "installed in compliance with a valid permit or variance".



Commr. Cadwell requested that the public provide their comments to staff within the next two (2) weeks and stated that the proposed sign ordinance would be placed on the agenda for the Planning and Zoning Commission meeting in January and that the Board would have two public hearings on said ordinance as soon thereafter.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved authorization for staff to move forward with the sign ordinance; to advertise this portion of the sign ordinance for a public hearing at the Planning and Zoning Commission meeting on January 6, 1999; and to advertise two public hearings as soon thereafter for the Board County Commissioner meetings.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:10 p.m.



__________________________________ WELTON G. CADWELL, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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