A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 18, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, February 18, 1992, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg (arriving at 9:20 a.m.); Don Bailey; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim County Manager; Jean Scott, County Manager's Office; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Riggs, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

Discussion occurred regarding the Minutes of December 17, 1991, Regular Meeting, with corrections being made to the spelling of proper names, and to the following:

Page 10, Lines 10-13 - Delete: "a Certificate of Occupancy (CO)"

Add: "building permits"



On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of December 17, 1991, as corrected.

Discussion occurred regarding the Minutes of January 7, 1992, with the following correction being made:

Page 12, Line 21 - Delete: "Lake County"

Insert: "Central Florida"



On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of January 7, 1992, as corrected.

Discussion occurred regarding the Minutes of February 4, 1992, with corrections being made to proper names, and spellings of words.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 4, 1992, as corrected.

CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Request for payment of County bills and bills of indigents, Warrant #146766 through Warrant #147041, for the following accounts:



County Transportation Trust Landfills

General Revenue County Fire Control Fund

Private Industry Council Law Library

Mosquito Control Aquatic Weed

Capital Outlay Emergency 911 Fund

Countywide Library Resort & Development Fund Tax

Animal Shelter Trust Fund Commissary Trust Fund

Miscellaneous/Gas Fund Section 8

Sales Tax Northeast Ambulance



Accounts Allowed/Assessments

Request to approve and signature authorization on the Satisfaction of Assessment Lien, Astor Forest Campsites, paid by Henry O'Steen, in the amount of $425.32.



Accounts Allowed/Courts-Judges



Request to approve and signature authorization on the Satisfaction of Judgment, in the amount of $50.00, Case No. 90-602-CJ, Melody Demetria Lockett, Irma Lockett.



Accounts Allowed/Courts-Judges



Request to approve and signature authorization on the Satisfaction of Judgment, in the amount of $50.00, Case No. 90-86 and 215-CJ, Bernie Edward Box, Bernie Edward Box, Sr.



Accounts Allowed/Reports



Acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending January 31, 1992, in the amount of $130,938.50. (Same period last year - $149,043.95).



Communications



Acknowledge receipt of the notification received from Cablevision Industries reflecting an increase in late fees, from $3.00 to $5.00, effective March 1, 1992.



Reports/State Agencies/Water Resources



Acknowledge receipt of the copy of the Southwest Florida Water Management District's audited financial report for fiscal year 1991.



Utilities



Acknowledge receipt of the Petition filed on January 31, 1992, with the Florida Public Service Commission in connection with Florida Power Corporation's request for a retail rate increase. (Retail Rate Case, FPSC Docket No. 910890-EI).



COUNTY MANAGER'S CONSENT AGENDA

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

Administrative Services-Budget/Accounts Allowed/Budgets

Purchasing



(1) Specifications:



The current purchasing policy requires that all

specifications be approved by the Board of County

Commissioners prior to bidding.



BUDGETED

DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT



(1) Environmental RFP for service to $ 3,000.00

Svc. - Solid install sampling

& Hazardous pumps in groundwater

waste monitoring wells at

Lake County Landfills.



(2) Health & General Bid specification for $ 6,800.00

Svc. - Fires Svc. firefighter helmets to

include all fire districts.



(3) Health & General Bid specification for $ 11,000.00

Fire Services maintenance and repair Estimated

on overhead doors for

fire services.



(2) Award Bid and Encumber Funds:



DEPARTMENT/DIVISION VENDOR/DESCRIPTION OF ITEM AMOUNT

(1) Corrections- Recommend that bid #043-680-092

Infrastructure be awarded to the following 5

Sales Tax Const. vendors in the best interest of

Bond. Lake County and procuring

lowest qualified bidder.

(1) National Police Supply- $ 4,911.05

Misc. correction

security equip.

(2) Pride of Florida- $ 330.00

Gun Cabinet.

(3) Ardec Int., Inc.- $ 1,788.00

Transport carriages and

violent prisoner chairs.

(4) Zero Ammunition Co., $ 1,384.00

Inc.- Ammun / hand guns.

(5) Lawmans & Shooters $ 645.02

Supply - Riot shields

and shotgun ammunition.

Bid Total $ 9,058.07



(2) Corrections Recommend that bid #

Infrastructure 042-465-092 be awarded

Sales Tax Const. to the following 3

Bond. vendors in the best

interest of Lake County

and procuring lowest

qualified bidder.

(1) Aero Products- $ 264.80

Female urinals,

stethoscopes, First

aid kits, forceps.

(2) Amzco Medical- $ 3,747.55

Misc. medical supplies.

(3) IRCO medical- $ 13,234.86

Misc. medical supplies.

Bid Total $ 19,630.44



(3) Corrections Recommend that bid #

Infrastructure 041-680-092 inmate

Sales Tax Const. property storage lockers

Bond. be awarded to (2) vendors

as follows:

(1) Bacig Manufacturing- $ 10,272.00

Storage Lockers

(2) Pacific Concepts- $ 4,056.00

Seals & valuable punches.

Bid Total $ 14,328.00



(4) Corrections Recommend that bid # 044-

Infrastructure 240-092 be awarded to the

Sales Tax Const. following 5 vendors in the

Bond. best interest of Lake County

and procuring lowest

qualified bidder.



(1) Lee Equipment- $ 3,520.80

Misc. kitchen supplies.

(2) Florida Robby- $ 1,595.00

Kitchen equipment.

(steam cleaner)

(3) Sysco Misc.- $ 122.30

Kitchen supplies.

(4) Calico Industrial- $ 6,358.51

Misc. kitchen supplies.

(5) J.P. Restaurant- $ 1,916.76

Kitchen supplies.

Bid Total $ 13,513.37



(3) Quotes:



All goods or services from $1000 to $5999 require written

quotes (Department Heads authorized up to $1000 for

approval in accordance with current procedures adopted

by the Board and authorized by County Manager).



DEPARTMENT/DIVISION VENDOR/DESCRIPTION OF AMOUNT

ITEM



(1) Corrections Delta Business Systems/ $ 1,100.00

NP 1020 Cannon Copier

Inmate welfare fund G.S.A.

Contract #GS00F1946A.



(2) Corrections Delta Business Systems/ $ 8,404.00

Infrastructure (5) IBM Typewriters.

Sales Tax Const. Contract #GS00F10408.

Bond. (2) Canon copiers.

Contract # GS00F1946A.

(1) Fax machine.



(4) Encumber Funds Previously Authorized:



DEPARTMENT/DIVISION VENDOR/DESCRIPTION OF AMOUNT

ITEM



(1) Environmental Svc.- Public Financial Mgmt., $ 2,463.85

Solid Waste Inc./ Financial advisory

services provided in

connection with the solid

waste interim financing

project. Period ending

10/15/91. Contract #P-402

(approved by BCC 8/21/90).



(2) Environmental Svc.- Public Financial Mgmt., $ 23,681.98

Solid Waste Inc./ Financial advisory

services provided in

connection with the

"no burn scenario"

incinerator project.

Period ending 10/15/91.

Contract #P-402

(approved by BCC 8/21/90).



(3) Health & General City of Umatilla/ $ 35,060.00

Svc. - Library Library services from

system January 1, 1992 thru

September 30, 1992. To

be disbursed in 9 equal

payments. Board approved

on January 14, 1992.



(5) Approve Other Payments and Encumber Funds:



DEPARTMENT/DIVISION VENDOR/DESCRIPTION OF AMOUNT

ITEM

(1) Public Works- Central Testing Lab/ $ 2,141.00

Special Svc. Material testing and

engineering evaluation for

Washington Street.



(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION VENDOR/DESCRIPTION OF AMOUNT

ITEM



(1) Corrections- Waterman Medical Center/ $ 4,514.57

Medical Inmate Medical Care.



(2) Health & General John L. Geeslin M.D./ $ 1,800.00

Svc. - Emergency Annual EMT-D training for

Medical fire/rescue personnel.



(3) Health & General Lake County School Board/ $ 31,349.00

Svc. Encumber Anti-Drug Abuse

Act Grant Funds for the

DARE Program.



(4) Health & General Lake County Sheriff's Office $ 85,700.00

Svc. Encumber Anti-Drug Abuse

Act Grant Funds for the

DARE Program.



(5) Tourist Develop. Florida Campground Assc./ $ 2,142.00

1/4 page ad in full color

for 1993 Florida Campground

Directory.



(6) Tourist Develop. International Production $ 2,095.00

Florida Huddle/ Booth

registration, delegate

fee times 2.



(7) Tourist Develop. Stone & Associates/ $ 3,143.76

Media FAM Trip with

writers from newspapers,

magazines and free lance.



(8) Tourist Develop. T.L. Enterprises, Inc./ $ 4,445.50

1/3 page, color ad in

Trailer Life Directory

for 1993.



(9) Tourist Develop. Worth International Comm. $ 7,077.00

Corp./ 3 insertions into

Recommends Florida - 1/3

page ad-4 color at

$2358.75 per insertion.



(10) Tourist Develop. American Automobile Assoc./ $ 8,910.00

1/2 page ad in 1993

Florida Tour Book.



(11) Tourist Develop. Worth International $ 7,205.00

Comm./ 1/3 page ad in

1992/93 Florida

Vacation Guide.



(12) Tourist Develop. Southern Living, Inc. $ 9,621.15

Travel South/1/3 page ad

to be placed in Southern

Living in Spring, Summer

and Fall Editions.



(13) Tourist Develop. Worth International $ 2,610.00

Comm./ 1/3 page ad to

be placed in the Florida

International Travel

Planner 1992/93.



(14) Public Works- Tavares Associates/ $ 3,445.13

Parks and Pro-rated share of

Recreation operating cost for

Tavares Tag Agency. Per

terms of contract.



Accounts Allowed/Budget Transfers/Resolutions/Grants

Health & General Services/State Agencies



a. Approval of the following budget transactions:



1. Fund: County Library System

Department: Health & General Services

Division: Health & Human Services



From: Operating Expenses $12,000

To: Operating Expenses $12,000

Transfer#: 92-0070



2. Fund: General

Department: Property Appraiser

From: Contingency $28,000

To: Operating Expenses $28,000

Transfer#: 92-0066



b. Resolution from Health & General Services requesting that the General Fund be amended in the amount of $91,769.00, in order to receive grant funding for 1992 from the Federal Emergency Management Agency for welfare assistance.



Contracts, Leases & Agreements/Communications/Resolutions



Request to approve a Resolution providing for transfer of the cable television franchise and system from CableVision of Central Florida to Time Warner Entertainment Company, L.P., doing business as CableVision of Central Florida/CV.



Contracts, Leases & Agreements/Communications



Request from Southern Cable Group, Inc. to cancel the agreement between their company and Lake County for cablevision in Lake County.



Accounts Allowed/Health & General Services/Public Health



Request authorization for payment of the monthly Medicaid Hospital bill in the amount of $41,793.17, and the Medicaid Nursing Home bill in the amount of $33,649.97, for the month of December.



Contracts, Leases & Agreements/Education/Municipalities



Request for signature on the First Amendment to Interlocal Agreement between Lake County and the City of Clermont relating to the collection of Lake County School Impact Fees.



Planning & Development/Subdivisions



Request for preliminary plat approval of Crescent Lake Club. (11 lots in District 2).



Accounts Allowed/Planning & Development/Resolutions

Roads-County & State/Subdivisions



Request for final plat approval of Shangri-La Estates; accept an Irrevocable Letter of Credit, in the amount of $5,315.25, for maintenance; and accept the following road into the County maintenance system: Insim Lane (5-5843). (8 lots in District 5).



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following Non-Exclusive Easement Deeds:



FOR LARGE LOT WAIVER



Mattson Groves Inc., District 2

Gator Pointe Inc., District 5



Bonds - Mobile Home



Request to cancel the following Mobile Home Bond:



Cecil Isdell - Mt. Plymouth area - District 4

Public Works/Signs/Roads-County & State/Municipalities



Request to install a Regulatory sign and stop bar on Old 441 in Tavares in front of the Fire Station at the railroad tracks.



Deeds/Roads-County & State



Request to reserve the following Murphy Act State Road Reservations:



Deed No. 2829 - Russell W. Harned - Mt. Plymouth Section "A" - Request to reserve 25 feet from the centerline on Sleepy Hollow Street (Lots 14 & 15, Block 83).



Deed No. 2829 - Russell W. Harned - Mt. Plymouth Section "A" - Request to reserve 25 feet from the centerline on Sunningdale Street (Lots 8, 9, & 10, Block 84).



Deed No. 2829 - Russell W. Harned - Mt. Plymouth Section "A" - Request to reserve 25 feet from the centerline on Duxbury Avenue (Lots 23 & 24, Block 84).



Deed No. 2829 - Russell W. Harned - Mt. Plymouth Section "A" - Request to reserve 25 feet from the centerline on Sleepy Hollow Street (Lots 3, 4, & 5, Block 85).



Deeds/Roads-County & State



Request to accept the following Statutory Warranty Deeds:



For Lot Approval



Mark E. Hobson & Jean E. Hobson - Cherry Lake Road - #3-1833



For Minor Site Plan



Howard R. Ott & Dollye E. Ott - County Road C-455



Road Closings



Request to advertise Vacation Petition No. 675 by Harold and Clarice Henry to vacate Road R/W, Plat of Sorrento, Main Div., Sorrento Area, District 4.



Road Closings



Request to advertise Vacation Petition No. 676 by Department of Natural Resources to vacate roads and plat, Sorrento Area, District 4.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY EMPLOYEES/ENVIRONMENTAL SERVICES

Discussion occurred regarding the request for authorization to post and fill the vacant positions in the Pollution Control Department and the Planning Department.

Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained the Environmental Technician position, and stated that, if the position is not filled, the work will have to be contracted out to a consulting firm, and that it

would be less expensive for the County to perform this type of work in-house.

Mr. Mike Anderson, Interim County Manager, stated that the lab work for the wetland monitoring, for the Criminal Justice Facility, has always been done by the Environmental Technician, and that one of the conditions of the St. Johns River Water Management District permit is to have this ongoing water monitor program during construction, and for a period of five years after the construc-tion. Mr. Anderson stated that the Environmental Engineers presented a quote that was almost one-quarter of a million dollars for the full term program, which has been done in-house for a mere fraction of this cost.

Discussion occurred regarding the cross-training of employees, and the job description for employees on the organizational chart, in relation to one another.

Mr. Findell stated that there are seven (7) vacancies within his department, and discussed the possibility of eliminating employees with certain State programs that might be eliminated.

Commr. Hanson stated that she was concerned with not having a prioritization of programs, and that she would prefer to delay action until the new manager comes on board, and the prioritization of programs is completed. Commr. Hanson questioned the possibility of a volunteer, or trainee, taking the necessary sampling, with Mr. Findell stressing the strict protocol connected with the environmental water sample procedures.

Commr. Bailey stated that he would support this request, and would like to review the programs now, in order to determine whether or not any can be eliminated, so that individuals are not hired and then laid off.

Commr. Hanson clarified that the volunteers could be highly qualified, and been on staff in another area of the department.

Mr. Anderson stated that an updated organizational chart could be brought before the Board in March, which shows the positions and vacancies.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to advertise to fill the vacation of the position Environmental Technician, Pay Grade 214-01, starting salary $16,516.50 Annual, as requested.

COUNTY EMPLOYEES/PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to post and fill the vacant positions of Principal Planner and Planner III. Mr. Swanson stated that he did not have anyone on staff qualified to fill these positions. At this time, Mr. Swanson stated that, over the past two years, the Planning Department has lost seven Planning positions, and he explained the functions performed in the positions being requested. Mr. Swanson also explained the reorganization of his Planning staff, the cross-training that will take place with the employees, and the heavy work load anticipated with the concurrency management program, along with other planning functions.

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approved the requested Principal Planner position, and to postpone the request for the Planner III position, until the new County Manager is on board, and the reorganizational chart is complete, with this being considered again in approximately 30 days.

Under discussion, Mr. Swanson stated that he would prefer to have both positions advertised, due to the time factors involved with the advertising and interviews to fill those positions (approximately 90 days). He, once again, stated that he has no one qualified within his staff to fulfill those positions that require certain expertise.

Commr. Bailey stated that he will support the motion to advertise for the Principal Planner, but that he would like the department to be evaluated before approving the Planner III position.

Discussion occurred regarding the work load that presently exists within the Planning Department, and the possibility of the Principal Planner covering some of the duties of the Planner II.

Commr. Gregg suggested that Mr. Swanson work with the one approved position for the next thirty days, and to scrutinize the level of service being provided by the department.

Commr. Bakich stated that the Board needed to address, at some point in time, a possible cutback in policies in the Comprehensive Plan, and to determine at what level these will be adequately mandated. He requested that the Board address these issues, as soon as time is available.

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

PLANNING & DEVELOPMENT/RESOLUTIONS

Mr. John Swanson, Director of Planning and Development, was present to discuss the request to approve the resolution setting concurrency management fees, as discussed at the LDR workshop on February 11, 1992. The test fees are calculated based on the size of development and transportation trips for each class development, with Mr. Swanson explaining the fees and classes. Mr. Dave Moon, Planner, was present to explain the different thresholds.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for a Resolution setting concurrency management fees, as discussed at the LDR workshop on February 11, 1992.

PLANNING & DEVELOPMENT/ORDINANCES/SUBDIVISIONS

Mr. John Swanson, Director of Planning and Development, was present to discuss the request with the Board.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to correct the legal description for Montverde Country Club PUD Ordinance #82-90, which was recorded with errors. Proper legal description was advertised.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss the request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for Project No. 12-92, #1/5-5433 Radio Road Widening and Resurfacing Lump Sum Construction Project, at an estimated cost of $182,760.00. Districts 1 and 5.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to advertise for bids for Project No. 13-92, C-33 Widening and Resurfacing Lump Sum Construction Project, at an estimated cost of $133,750.00. District 2.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss the request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award and authorize Project No. 6-91, #2-1038 Bronson Road Lump Sum Construction Project, to Paquette Paving Co., Inc., and to encumber and expend funds in the amount of $33,121.00, low bid. District 2.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award and authorize Project No. 5-92, #4-8898C 10th Street, #4-8898F Hermitage Drive, #4-8898E Monterey Road, #4-8898D East 2nd Avenue and the #4-8698 Lake Mack Drive/C-42 Intersection Improvement Lump Sum Construction Project, to Professional Dirt Service, Inc. and to

encumber and expend funds in the amount of $112,784.03 ($72,921.43 CTT, $39,862.60 Impact Fees), low bid. District 4.

DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to convey by quit claim deed, previously vacated right-of-way, to Capital Hibiscus Limited for Hibiscus Mobile Home Park.

COMMITTEES/OUTDOOR RECREATION

Mr. Chuck Pula, Director of Parks and Recreation, was present to discuss the Walden School of Cycling, which is located near Sorrento at Camp Challenge, and that this event will take over a period of 11 weeks.

Mr. Dale Hughes, Director of the Walden School of Cycling, appeared before the Board and presented a brief background of himself. He stated that this is the tenth year to hold the school in Lake County, and that the Europeans are looking for a place to train all winter long. He discussed the portable veladrome that he is building to take around the country, and stated that he would like to investigate the possibility of using this item in Lake County. Mr. Hughes stated that approximately one million dollars will be spent in Florida during the three months. He further stated that he met with Sheriff George Knupp, who invited him to come back next week to do an in-training program for his officers. Mr. Hughes stated that he is looking for expansion of the program.

Commr. Bailey stated that this may be an activity that can be considered by the Tourist Development Council, and suggested that Mr. Hughes meet with Mr. Dave Warren, Director of the Tourist Development Council.



COUNTY ATTORNEY MATTERS

PLANNING & DEVELOPMENT

Ms. Annette Star Lustgarten, County Attorney, stated that the Board has received a copy of the Settlement Agreement on the Ray Ranch Administrative Hearing. Ms. Cecelia Bonifay, Attorney, has requested that this be considered this afternoon, due to a hearing being scheduled on Monday. Ms. Lustgarten stated that she has reviewed the document and finds it to be acceptable.

ACCOUNTS ALLOWED

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

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LANDFILLS

Discussion occurred regarding the appointments to the Lake County Solid Waste Study Committee.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Phil McLendon and Joseph E. Woodnick to serve on the Lake County Solid Waste Study Committee.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Laura Bushwitz to serve on the Lake County Solid Waste Study Committee.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Rachel D. Smith to serve on the Lake County Solid Waste Study Committee.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Theodore Featherstone and John Eschliman to serve on the Lake County Solid Waste Study Committee.

Commr. Bakich stated that he would submit the necessary names for his district at the next meeting, and would like to see all positions filled by the first meeting in March.

PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 673 - Richard & Patricia Wygrzyn - Tavares Area

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on Road Vacation Petition No. 673.

Mr. Jim Stivender, Director of Public Works, was present to discuss the request for approval of Road Vacation Petition No. 673. Mr. Glen Little, nearby property owner, requested that staff elaborate on the vacation of the water easement, in terms of how this will affect the abutting property owners. Mr. Stivender responded to the request. Mr. Little stated that approximately ten (10) years ago, the property owners signed off from this easement, with Mr. Stivender stating that, even though they signed off, it does not remove the legal plat requirement.

Mr. Keith Shamrock, developer, appeared before the Board and stated that, in 1981, a separate water system was placed in the development, and prior to this, there was a well to service those five lots. He stated that most property owners signed quit claim deeds giving up their rights to the easement, and the request is being made in order to alleviate future building problems.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation No. 673, for Richard and Patricia Wygrzyn, to vacate water supply easement, Division Manor Subdivision, Tavares area, District 3, as advertised.

PETITION NO. 674 - James H. Herlong, Jr. - Tavares Area

The Chairman announced that the advertised time had arrived for the public hearing on Road Vacation Petition No. 674.

Mr. Jim Stivender, Director of Public Works, was present to discuss the request.

Mr. Tony Otte, representing the applicant, was present to discuss the request.

Discussion occurred regarding the surrounding property owners having access to their property, with Mr. Stivender clarifying this issue.

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

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 674, for James H. Herlong, Jr., to vacate road, Land of Lane and Jackson, Tavares area, District 3, as advertised.

ORDINANCES/WATER RESOURCES/OUTDOOR RECREATION

The Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance amending Chapter 5 of the Lake County Code, Boats and Waterways.

Ms. Annette Star Lustgarten, County Attorney, stated that this amendment is being requested by the Water Authority to conform with state statutory language regarding regulation of boats on waterways.

No one present wished to speak on this issue.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance 1992-2 Amending Chapter 5 of the Lake County Code, Boats and Waterways, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 5, BOATS AND WATERWAYS, SECTION 5-2, LAKE COUNTY CODE, TO AMEND THE LIST OF CONSIDERATIONS UTILIZED IN DETERMINING PROPER SPEED LIMITS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



RESOLUTIONS/PUBLIC HEALTH

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a Proclamation establishing the month of February as "Viola Days".

RESOLUTIONS/EDUCATION/LAWS & LEGISLATION

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for a Resolution in support of House Bill 1151 and Senate Bill 678 providing funding to complete the second phase of the Lake County School Board Public Safety Training Complex, forwarding the

Resolution to the Lake County Legislative Delegation urging support of the legislation.

RESOLUTIONS/LAWS & LEGISLATION/WATER RESOURCES

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a Resolution to the Florida Legislature supporting the Surface Water Improvement and Management Act and requesting that the Legislature ensure funding to implement the Lake Apopka Plan.

RESOLUTIONS/PUBLIC HEALTH

Commr. Hanson stated that next month is "Red Cross" month, and as it will be their seventy-fifth anniversary, she would like to request that a proclamation be established for such.

It was noted that a proclamation would be prepared and brought back for Board action.

LAWS & LEGISLATION

Discussion occurred regarding "Lake County Day", with Mr. James C. Watkins, Clerk, informing the Board that a request had been made by Representative Everett Kelly for information to be sent to the Legislature, in order to recognize Lake County and proclaim tomorrow as "Lake County Day", and that he had handled the request.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

SUBDIVISIONS

Commr. Gregg stated that he had a request from Lake Ella Manor, to pull some building permits. He stated that the plat is in the process of being recorded, and that the Board approved an agreement that allows two permits. Commr. Gregg stated that the request being made is for a third permit.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board had approved a standard building permit agreement for Lake Ella Manor, and this request would require an amendment to the agreement, in order for them to pull the third permit.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the amendment to the Lake Ella Manor agreement, to allow three permits.

RECESS & REASSEMBLY

At 10:13 a.m., the Chairman announced that the Board would recess until 11:00 a.m., for a public hearing.

ORDINANCES/PUBLIC WORKS/ROADS-COUNTY & STATE

At 11:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance creating an Adopt-A-Roadway Program.

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request, and the number of volunteer groups in the community that have shown interest in this ordinance.

Ms. Annette Star Lustgarten, County Attorney, discussed the language of the ordinance and stated that the ordinance is very specific about there being no business logo or trademark of the business.

Commr. Swartz discussed Page 4, h. regarding the pick up of litter at a minimum of six (6) times each year. Clarification was made to the fact that the State program has a minimum of four (4) times each year for litter pick up.

Ms. Lustgarten stated that the ordinance provides that the executive director can reduce the number of pick ups based on the volume of litter.

Commr. Swartz suggested a minimum of four times a year, and giving the executive director the opportunity, on certain roadway segments, to require up to six times.

No one present wished to speak on the issue of the proposed ordinance.

Ms. Lustgarten suggested the following language on Page 4 h., be added:

"...pick up litter a minimum of four (4) times each year, ..."



"The Executive Director of the Department of Public Works, or a designee, may require a greater number of minimum pick ups based upon the location and volume at an unparticular segment."

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Ordinance 1992-3, to include the amendment presented by the County Attorney, and as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO CREATION OF AN ADOPT-A-ROADWAY PROGRAM; PROVIDING FOR ESTABLISHMENT OF THE ADOPT-A-ROADWAY PROGRAM; PROVIDING FOR THE RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC WORKS; PROVIDING FOR CONDITIONS OF PARTICIPATION; PROVIDING FOR THE REMOVAL OF LITTER BY THE DEPARTMENT OF PUBLIC WORKS IN UNUSUAL CIRCUMSTANCES; PROVIDING FOR THE FORM OF THE ADOPT-A-ROADWAY PERMIT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



COUNTY EMPLOYEES/PLANNING & DEVELOPMENT

Mr. Mike Anderson, Interim County Manager, requested permission from the Board to revisit Tab 16 regarding the advertisement of vacant positions in the Planning and Development Department. Mr. Anderson stated that he had been informed of another resignation from this department.

Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that most of the resignations have come from the comp (Comprehensive Plan) planners. At this time, he requested that this issue be re-opened for discussion on the advertising for a Planner II.

Commr. Gregg stated that he had no problem with Mr. Swanson filling the vacant position, and felt that the position should be advertised.

Discussion occurred regarding the necessity for the Planner II and Planner III positions, with Mr. Swanson stressing the fact that he needs all of the positions being requested. He stated that, due to the circumstances, the Planner II position can be filled, and trained to perform the functions of other employees. At this time, he discussed the reassignment of duties among staff, including the city plans, and the review of concurrency management and current planning.

Commr. Swartz discussed the phasing out of the work for the cities, and stated that he was uncertain about what staff is actually needed.

Mr. Swanson discussed the number of his existing staff, in relation to the number he had prior to the vacancies over the past two years. He further discussed the existing staff absorbing the workload, and his plans to reorganize his staff. He stated that he has merged staff from having two task functions, comprehensive and current, into one that is being cross-trained.

Discussion occurred regarding the phasing out of positions that are no longer required. Commr. Swartz discussed the organizational structure presented by Mr. Swanson, and stated that he did not have a clear understanding of what these positions will be fulfilling in the future.

Mr. Swanson discussed the workload in his department, including the adoption of 36 policies within the Comprehensive Plan that will be extended out over the next several years, and the Capital Improvements Program that has been adopted for the first time by the County and submitted to the State, and the County being required to work and present a plan that is economically feasible for the County. Once again, Mr. Swanson stressed the need for a complete staff, in order to carry out the obligated workload.

Commr. Hanson indicated that she still foresees cutting 10% from each of the departments' budgets, whether it is done by prioritization, or across the Board. She stated that she would support the hiring of a Planner II, knowing that the Board may very well, after going through the programs, eliminate the position.

Mr. Swanson stated that he is constantly re-evaluating the needs of the departments, including the Building Department, and the shifting of workloads.

Commr. Bakich stated that the Board has the responsibility to provide the people of the County with a certain level of service, and a sound system needs to be developed, in order to evaluate and prioritize, and to work in such a manner that the Board can give

the people of the County a level of comfort, and the employees that work for the County.

Commr. Hanson stated that she has not yet heard a commitment from the Board to actually be willing to sit down and go through the process of prioritization, with Commr. Bailey stating that, if this is not done, it will have to be a decision across the Board.

Commr. Gregg discussed the issue of continuing to allow the Pollution Control employees to process stormwater permits, and suggested that the County allow the St. Johns River Water Management District to perform this task, and the County mirror their regulations.

Commr. Swartz stated that it was made more clear to the Board the need for the position in Environmental Services where the County would have had to contract out for various chemical analyses, etc., and he would feel more confident with the request for the Planner II position, if Mr. Swanson could provide him with information that would clearly indicate the need for the position. He stated that a worse situation would be to fill a position between now and next budget year, and have someone relocate into this County, and then find this job is to be eliminated.

Commr. Bailey stated that, until the Board goes through the prioritization process, and has the new County Manager on board to re-evaluate the department, he did not support the Planner III position, nor will he support the Planner II position.

Commr. Bailey stressed the need to coordinate regulations with other agencies, including the cities and State.

Commr. Gregg stated that he did not support the earlier request for a Planner III, but that this is a position that was just vacated, and perhaps the Board, if it did not support the request, should lay off other employees. He stated that, since the department has cutback eleven personnel since the comprehensive plan has been finished, the personnel to enforce these regulations will not be available, and that the Board needs to understand the costs associated with all of it.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved to refill the position (Planner II) that is being vacated through the resignation presented by Mr. Swanson.

The motion was carried by a 3-2 vote, with Commrs. Bailey and Swartz voting "no".

RECESS & REASSEMBLY

At 11:38 a.m., the Chairman announced that the Board would recess until 11:45 a.m., for the update from Mr. Bob Varner, Winston & Strawn consulting attorney, on the negotiations with Ogden Martin.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Bob Varner, Winston & Strawn, appeared before the Board and stated that he represents the County in terms of renegotiations of the existing contract with Ogden Martin Systems of Lake, Inc. At this time, Mr. Varner began discussing, in broad terms, some of the areas that would be the focus of the negotiations, with topics including the following:

1. Maximize Facility throughout.

2. Adjustment of the County's tonnage commitment to reflect

the impact of:

a) recycling, and

b) mandatory collection.

3. Terms governing Ogden's use of additional capacity.

4. Cost benefits resulting from Ogden's assumption of

various County responsibilities.

5. Pricing impact of Ogden performing additional tasks

associated with future system implementation, such as

recycling programs or facilities, landfill mining,

leachate control or disposal and residue disposal.

6. Economic factors under the contract and financing

documents, including equity, pass through costs,

damage calculations, revenue sharing, etc.

7. Additional types of waste that can be accepted at the

Facility.

8. Assess potential impact of anticipated changes in

environmental criteria for air emissions limits for

mercury, cadmium and lead.

9. Coordination with County financing plan.



Mr. Varner stated that another negotiation meeting has tentatively been scheduled for February 26, 1992.

Commr. Bakich stated that he has no problem in requesting him to move forward with the process of negotiations, as he presented, in order to get ideas as to the cost associated with this program.

Commr. Gregg questioned the advantage of having Ogden Martin handle the landfill mining, and stated that he is concerned with the liability and risks involved, with Mr. Varner stating that he would never recommend shifting this to Ogden Martin at any time before he knows what the technical, environmental, and economic feasibility would be.

Commr. Gregg discussed the heavy metal control, with the County picking up the tab, as stated in the existing service agreement, and questioned whether or not a number should be locked in, with Mr. Varner responding that he would go ahead and lock it in, and explained his reasoning.

Commr. Swartz stated that he hoped that the issue of yard waste is going to be considered, and that Mr. Varner is going to look at all of what is being contemplated in light of the letter of credit obligations. Mr. Varner responded that he would support the yard waste being included, and that he would coordinate with the County's financial advisor, Public Financial Management (PFM), the required financial plan.

Discussion occurred regarding the issue of "special waste", and whether or not the existing contract allows certain materials.

Mr. Varner stated that he will have an idea as to the magnitude of negotiations in the next two to four weeks. If he is going to be able to coordinate negotiations with some of the larger issues, the negotiations will not be concluded by the end of March. He discussed the referendum regarding the mandatory special assessment, which will be held March 10, 1992, and stated that the flow control is a very essential mechanism and is relatively fundamental to an overall system. Mr. Varner recommended establishing a base line in the contract, one that is comfortable to the community and its own environmental criteria values; accelerating the negotiation process with Ogden Martin, who he feels confident will meet the schedule, as well; meeting all necessary requirements by State agencies; and with an estimated

time being in May, or possibly before, to complete the negotiations.

At this time, it was the consensus of the Board to direct

Mr. Varner to continue with his re-negotiations with Ogden Martin on the points described at this meeting, and to return to the Board, as deemed necessary.

RECESS & REASSEMBLY

At 12:44 p.m., the Chairman announced that the Board would recess until 2:00 p.m. for rezoning.

ZONING

COMMISSIONERS

It was noted that Commr. Bakich arrived for the rezoning hearings at 2:13 p.m., with Commr. Gregg conducting the meeting, until that time, as Vice-Chairman.

PETITION #175A-84-3 MP ORD#41-91 FL Mining & Materials

Concrete Corp.

Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and stated that the Board had requested that he bring this case back after a six month period. He stated that, since Florida Mining has not operated this plant for the past six months, it would probably be advantageous to postpone this case for another six months, until it begins operation, in order to provide a better evaluation. Mr. Stubbs stated that there has been no complaints, and that the site has not been posted, but the property owners within 150 feet have been notified.

Mr. Steve Richey, Attorney, appeared before the Board and stated that the plant has not been in operation, and that he has no problem continuing the case for the six month period.

Mr. Stubbs stated that the Board can postpone the case for 30 days, in order for the property to be posted, and with the public being notified, and the Board can then take official action.

No one present wished to appear before the Board to discuss the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved to postpone Petition #175-A-84-3, for 30 days, with proper posting and notification being made by staff.

Commr. Bakich was not present for the vote.

PETITION #127-91-3 A to RE & R-1-15 Robert & Cherie Burke

Mr. Greg Stubbs, Director of Current Planning, informed the Board that Ms. Cecelia Bonifay, Attorney representing this case, has requested that the Board postpone opening discussion, until she arrives.

PETITION #107-91-5 RM to R-1-5 Frederick & Nelda Rossie

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. Mr. Stubbs stated that staff found this to be in the rural designation on the Comprehensive Plan map, and there was no way to rezone the small parts of the property to a compatible zoning with rural, other than agricultural. He stated that this is an existing subdivision that has mixed mobile homes and single family homes within the area, and the applicant wishes to continue the same type of development. Mr. Stubbs stated that the applicant has been advised by staff that, over the next year, the County will be rezoning areas, or amending the Comprehensive Plan areas, that have been established and are growing in certain patterns. He stated that there are homeowners within the subdivision that are present today to voice their support of the request. Mr. Stubbs stated that staff was advised by the County Attorney that a Land Use Plan amendment would have to accompany this one lot, with staff objecting to one home, and wanting to apply this to the entire subdivision, if this were to be done. Staff made no recommendation, but requests the Board of County Commissioners to investigate the most appropriate method of obtaining building permits in this subdivision.

Ms. Annette Star Lustgarten, County Attorney, stated that this request for rezoning is inconsistent to the Comprehensive Plan, and that the applicant can place a mobile home on the lot today, but they cannot rezone to a zoning classification that is clearly

inconsistent with the Comprehensive Land Use designation. She stated that the Land Development Regulations (LDRs) are addressing the uses that are permitted.

Mrs. Debbie Stivender, representing the applicant and Dan Robuck's Office, appeared before the Board to discuss the request. Mrs. Stivender informed the Board that there is a letter dated in 1969, in the building file, from Mr. James C. Watkins, Director of Planning and Zoning, that granted the people in "Deerhaven Campground" the ability to put mobile or conventional dwellings on the lots. During this period of time, administrative variances were granted. (At this time Mrs. Stivender presented copies of documents for the record). She reviewed the number of homes already established in this area, the size of the lots, which are 1/2 and 1 acre lots, and indicated that there is nothing in this area that is rural. Mr. Rossi would like for his son to be able to build a house, not a mobile home, on the 1/2 acre lot. At this time, she discussed the research and history on this issue.

Ms. Lustgarten stated that the information provided by

Mrs. Stivender is new to this case. She stated that, based on the information being provided, this particular development has been treated in such a manner, and a pattern of practice has been developed in the County, that based on past performance and prior decisions of the Commission, an opinion could be issued that would say, in this particular development, that normal stick built homes would be permitted, based on the past practice and the administra-tive nature in which it was handled in the past. She stated that she would be willing to issue this opinion.

Discussion occurred regarding a plan amendment, with Commr. Swartz suggesting clarifying the fact that the intensity of uses would be no greater, and when the intensity is no greater, that the option of mobile, or mixed, will be allowed in this area.

Ms. Lustgarten stated that the issue needs to be addressed in a formal manner, which would be a land use amendment, but putting this issue aside, based on the additional information in the file,

the County could permit stick built homes in this particular subdivision, based on the facts being presented.

Commr. Gregg stated that a record needs to be kept on these type of requests, with the necessary amendments being made to the Land Use Map.

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

At this time, Mrs. Stivender requested that the applicant's fees be returned, with Ms. Lustgarten stating that she will review the file and issue an opinion on this being a permitted use.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried, the Board approved for the County Attorney to render an opinion that the applicants will be able to obtain a building permit to build a conventional home, and that a plan amendment be prepared by staff, and to come back and look at the Comprehensive Map to address any other problems of this nature, and for the fees to be returned to the applicants.

It was noted, for the record, no rezoning was necessary in this case.

PETITION #127-91-3 A to RE & R-1-15 Robert & Cherie Burke

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He stated that staff had recommended denial of the request, and the Planning and Zoning Commission recommended approval. Mr. Stubbs informed the Board that the entire piece of property has been advertised. He further stated that the applicant wants to create two parcels of property out of his existing property, with staff noting that this would be inconsistent with the Land Use Plan map. At this time, Mr. Stubbs discussed the types of development on the applicant's other parcels of property.

Ms. Cecelia Bonifay, Attorney representing the applicants, appeared before the Board to discuss the request. At this time, Ms. Bonifay distributed zoning classifications and maps, in order to clarify the request being made. She reviewed the square footage of the parcels of property, in relation to the surrounding property, and discussed the types of dwellings which exist on these

properties. Ms. Bonifay stated that this is clearly consistent and compatible with those land uses that are directly adjacent. She discussed further the reasons that the request was being made for RE and R-1-15 rezonings, which included bringing them into compliance with the County code. She stated that the request is definitely consistent with the Comprehensive Plan, which allows up to 10 units per acre.

Mr. Stubbs stated that, based upon the information he just received, the Planning staff has no objection to creating those two lots with this configuration, if the Board limits the recommen-dation, and approves it to the lot sizes being presented, and it can be shown as being consistent to the area.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RE (Rural Estates) and R-1-15 (Residential Estates), for the construction of a single-family residence.

It was noted that Commr. Swartz stated that it would be unlikely he would vote for a further subdivision of that property, or adjacent ones.

PETITION #139-91-2 CUP#269-3 from A to PFD

Edward A. McGavock

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

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

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request to delete property under CUP#269-3 and rezone to C-1 (Rural or Tourist Commercial).

PETITION #4-92-4 RR to A-1-40 Gary & Marlene Simmons

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. The purpose of the request is to reflect the

transfer of all but a designated number of Transferable Development Rights (TDRs) from the property.

Ms. Cecelia Bonifay, Attorney, was present representing the applicants.

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

Ms. Annette Star Lustgarten, County Attorney, stated that whatever rights are transferred will no longer be applicable; anything that is retained continues to be available as a development right on the property. She stated that the Board will be approving, in addition to the zoning, a transfer permit on each parcel from which property is being transferred.

Ms. Bonifay distributed to the Board handouts to be made as part of the record, including applications for transfer of development rights, with exhibits and maps for site descriptions of properties, which she reviewed with the Board. Ms. Bonifay stated that Mr. Simmons had some concerns and had written the County Attorney and requested an interpretation

Ms. Lustgarten stated that she will confirm her statements made on this issue in writing.

Ms. Bonifay stated that today the Board will approve the transfer permit, which transfers the TDRs as outlined from those pieces of property, to the Cross-Tie Ranch and the Seminole Springs PUD, which have already been rezoned. She further discussed the procedures that will follow.

Ms. Bonifay requested that the Board start the effective date from today when the TDRs are actually approved for transfer, or to add additional time to the PUDs, in order to allow the full twenty-four months, as any other PUD.

Ms. Lustgarten stated that the Board should provide them with an extension, because those were conditions of the PUD when approved. She suggested the time be extended to cover the 24 months, as of the official transfer of the TDRs.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the

Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to A-1-40 (Wekiva River Overlay District), to allow the transfer of TDRs as per the applicant's application, and to include that the necessary TDRs remain with the property to ensure that one building permit can be obtained, and extending the PUD to allow the full 24 months.

PETITION #3-92-2 A to CP Walter & Francois Schief

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

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

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

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CP (Planned Commercial), for a convenience store with a gas station.

The motion carried with a 3-1 vote, with Commr. Swartz voting "no", and Commr. Gregg not being present for the vote.

PETITION #6-92-2 A to MP with LM Maynard K. Knapp (TR)

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board, and stated that the Pollution Control Department agreed to the water and wastewater requirements to be included in the conditions.

Mr. Steve Richey, Attorney, was present representing the applicant.

At this time, the Board postponed this case, along with the following Knapp case, in order that the parties try to complete their concerns for the M-1 uses.

PETITION #2-92-2 R-1-7 to RR Stanley & Laurie Crews

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. Mr. Stubbs stated that the request was made for RR (Rural Residential) zoning, with the Planning Commission's recommendation being AR (Agricultural Residential), with the applicant having no problem with this recommendation.

Ms. Laurie Crews, applicant, was present to discuss the request.

Ms. Cecelia Bonifay, Attorney representing an adjacent property owner, appeared before the Board to speak in opposition to the request. Ms. Bonifay stated that this particular parcel does not have legal access, at this time, and is a subject to litigation, with her client being named in the lawsuit filed by the Crews to try to obtain the easement to their property. She stated that another issue raised within the suit is the representation that was made indicating that the Crews only want to use this parcel as a single-family homesite, with her client questioning the RR zoning, which would allow multiple units on this tract.

Ms. Annette Star Lustgarten, County Attorney, stated that the County is not a part of the litigation. Therefore, she presented to the Board the factors that would be considered for the rezoning.

Ms. Laurie Crews appeared before the Board and stated that she and her family have horses, which they show, and, in order to have horses on her property, she would have to have her property rezoned.

Discussion occurred regarding the possibility of A (Agricultural) zoning, with it being noted that this would not be appropriate, due to the surrounding property being zoned R-1-7 (Urban Residential). Ms. Crews indicated, once again, that she approved the recommended AR (Agricultural Residential) zoning.

Mr. Dale Ladd, representative of the real estate firm that sold the applicant the property, appeared before the Board to comment on the concerns indicated by Ms. Bonifay, and stated that there is a prescriptive easement, and the party being represented by Ms. Bonifay owns approximately 50 feet of this easement, and is asking a considerable amount of money for it. He recommended that the applicants not accept any zoning less than RR (Rural Residential), because of future value of their property.

Mr. Joachim Schneider, Vice-President of Hickory Hills Development Corporation, and a neighbor to the applicants, appeared before the Board in support of the request.

Discussion occurred regarding the different types of zoning, including RA (Ranchette), that might be appropriate for the property, and the concern expressed by the applicant regarding the waterways.

Mr. Steve Richey, Attorney representing the applicant, clarified that the applicant does not want to subdivide the property, but to utilize it for a house and agricultural purposes.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to AR ((Agricultural-Residential), for a single-family residential development.

PETITION #6-92-2 A to MP Maynard K. Knapp (TR)

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He informed the Board that no site plan has been submitted.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. Mr. Richey stated that a concern had been expressed by one of the neighbors in regards to the LM and M-1 uses, which included fertilizer manufacturing plants. He further stated that this was deleted by the Planning and Zoning Commission.

Mr. Richey requested that the Board approve LM and M-1 uses, with the exception of the following:

Page 3390, 611.119. Delete:

(b) feed mills

(d) Sawmills, box and crate factories

(e) Fertilizer plants

(f) Citrus concentrate plants



Page 3391. Delete Section 611.130. Automobile graveyards and

junkyards, to include disposal and/or sanitary

landfill operations, which shall meet the following provisions: (in full)



Mr. Richey discussed the piece of property that has been set aside for a sewer treatment plant and water treatment plant on approximately 21 acres. He stated that Mr. Don Findell, Director of Environmental Services, and staff have suggested that wording be added in regards to building the facility and turning it over to them. He submitted the following language:

1. As provided for in Policy 6A-2.4: Temporary Wastewater Service Criteria and Policy 6D-2.4: Temporary Potable Water Service Criteria: the temporary wastewater and water facilities serving the Knapp property shall be allowed to operate as a Public Service Commission regulated enterprise.



2. Should the proposed utility facilities be designated as subregional or regional facilities, the developer shall enter into a mutually agreeable County-Developer Utility Agreement that shall address ownership of the facilities, potential transfer of PSC certification, siting and phasing of the facilities, project financing, appropriate compensation construction standards, treatment and disposal standards, re-use master plan and standards, and other such matters related to the potential transfer, construction, operation and maintenance of regional/subregional facilities.



Mr. Richey stated that, if the City of Clermont chooses not to service this area, the applicant would like the option, pursuant to Paragraph 2. He stated that Paragraph 2 would be in lieu of Paragraph 4 recommended by staff, with all proposed wording being consistent with the Comprehensive Plan.

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

Ms. Annette Star Lustgarten, County Attorney, stated that, by permitting the M-1 and LM uses, the Board has the option to have the site plans come back to Board in the future, or to have them go to the Technical Review Committee (TRC), with Mr. Richey requesting that the site plans be controlled through staff.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to MP (Planned Industrial) with LM (Light Manufacturing) and M-1 (Heavy Industrial) uses, with the exclusion of the items presented above by Mr. Richey, in the zoning ordinance, and including the additional language presented by

Mr. Richey.

PETITION #7-92-2 A to CP Maynard K. Knapp (TR)

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He stated that the site plan was before the Board.

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

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request.

Commr. Bailey made a motion, which was seconded by Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses, for future commercial uses.

Under discussion, Commr. Swartz stated his concern that this type of rezoning along Highway 50 will cause commercial stripping.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote, with Commr. Swartz voting "no".

PETITION #1-92-2 R-1-7 to R-1-5 McQue Little

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to R-1-5 (Mobile or Mixed Residential), for the placement of a mobile home on the site.

Commr. Gregg was not present for the vote.

PETITION #8-92-5 RR to A Karen Oberkirch

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

The applicant was present and stated that she would be raising cattle and horses on the property.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to A (Agricultural), for the development of single-family residences.

Commr. Gregg was not present for the vote.

PETITION #5-92-5 A to AR David W. VanBibber

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He stated that staff recommended denial of the request, due to the proposed density being inconsistent with the Comprehensive Plan, and the Planning and Zoning Commission approved to recommend this request to the Board, in order that a land use amendment be considered for the property.

Ms. Bonnie Roof, Bonnie Roof's Permits, Inc., was present in behalf of the applicant.

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

Commr. Bakich concurred that this request is appropriate for the area, and would like to find some means to accommodate the individuals.

Ms. Annette Star Lustgarten, County Attorney, stated that this particular zoning is inconsistent with the land use designation. In order to approve the request, the Board would have to initiate a land use plan amendment. It was noted that this particular area is designated as rural, 1 dwelling unit per 5 acres.

Mr. Stubbs stated that a land use plan amendment could be done, without going through the six month process. At this time, he explained that this could be an administrative amendment that could be done in-house, not to exceed 30 acres per year, and would be sent to the Department of Community Affairs (DCA) for review. Mr. Stubbs stated that this request could be postponed for 60 days, so that an amendment could be prepared.

Ms. Roof stated that, if the land use plan amendment could be taken care of within the next 3-4 months, this would be satisfactory with the applicant.

Commr. Hanson stated concerns with other areas like this throughout the County that will be inconsistent, and that, if the Board starts looking at approving this request, there will be problems.

Ms. Roof stated that the applicant's property is split into two sections, and that, if it is going to be consistent to do a County change to the map, it would be reasonable to make the changes by sections. In this particular section, there is already a high density residential area that has been established.

Commr. Hanson discussed the same type of problem in the Mt. Plymouth area where one side of a road is commercial, and the other side is 1 to 20, in the Wekiva Basin.

Ms. Roof, stated that, if a postponement is in order, this would be agreeable, or, if the Board can approve the request, subject to the change to the land use map, this would be acceptable, so that the applicant will not have to come back before the Board.

Commr. Bailey made a motion, which was seconded by Commr. Gregg, to continue this request indefinitely, with the zoning coming back with a land use plan amendment, and with the request being readvertised.

Under discussion, Commr. Gregg and Commr. Hanson made comments regarding future requests.

The Chairman called for a vote on the motion, with the motion being carried by a 3-2 vote, with Commrs. Hanson and Swartz voting "no".

PETITION CUP#92/1/2-2 CUP in LM Edgar Revis

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

COMMISSIONERS

At 3:32 p.m., Commr. Bakich turned the chairmanship over to Commr. Gregg.



PETITION CUP#92/1/2-2 CUP in LM Edgar Revis (CONT.)

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

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for CUP in LM (Light Manufacturing), for the placement of a mobile home on site for a caretaker's residence for an existing towing service, salvage yard and lawn mower repair business.

Commr. Bakich was not present for the discussion or vote.

PETITION CUP91/8/1-2 Revocation of CUP Michael Stepanovic

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

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

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for revocation of CUP for mobile home for the care of the infirm.

Commr. Bakich was not present for the discussion or vote.

COMMISSIONERS

At 3:34 p.m., Commr. Gregg returned the chairmanship to Commr. Bakich.

PETITION #50A-88-3 Amend PFD ORD#27-88 Will Davis

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board.

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

Commr. Swartz made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve the request to amend PFD ORD#27-88, to add a conventional home for caretakers residence to existing approved uses.

Under discussion, Commr. Hanson discussed the type of home that the applicant was planning to construct.

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

SUITS AFFECTING THE COUNTY/ZONING

Ms. Annette Star Lustgarten, County Attorney, addressed the letter sent to the Board members today from Ms. Cecelia Bonifay, Attorney, regarding the issue of the Department of Community Affairs versus Ruth A. Ray and Lake County. She stated that she has reviewed the Agreement, with certain language being included, and explained the following to the Board:

Page 6-7, 17. Amendment of PUD Development Plan. "...application process for the amendment of PUD Ordinance No. 90-91 and shall waive any filing or application fees."



Ms. Lustgarten recommended approval of the Agreement, which resolves the issue, and stated that the existing CUP Ordinance on mining will be attached as an exhibit, as well as the site plan before the Board.

Mrs. Ruth Ray and Mr. Bill Ray were present to discuss the issue with the Board.

Ms. Cecelia Bonifay, Attorney, stated that her clients have agreed to accept the terms. She stated that she will be requesting a 60-90 day continuance from the Department of Community Affairs, in order to amend the PUD's to conform to the terms of the Settlement Agreement.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved and authorized the necessary signatures on the Settlement Agreement between the Department of Community Affairs and Ruth A. Ray and Lake County.

Ms. Lustgarten stated that the Agreement does provide that they will not file for a Voluntary Dismissal until the PUD Ordinance is amended.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:40 p.m.

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:



JAMES C. WATKINS, CLERK



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