The Lake County Board of County Commissioners met in regular session on Tuesday, June 23, 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; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Toni M. Riggs, Deputy Clerk.

Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.

CLERK OF COURTS AGENDA

ACCOUNTS ALLOWED

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved payment of Warrant #152776 through Warrant #153176, for the following accounts:

Fire Districts County Transportation Trust

Section 8 General Revenue

Landfills Private Industry Council

Animal Shelter Trust Fund Capital Outlay

Resort & Development Fund Tax Mosquito Control

Commissary Trust Fund Aquatic Weed

Countywide Library Insurance Fund

Sales Tax Capital Projects Emergency 911 Fund

Law Library

COUNTY MANAGER'S CONSENT AGENDA

ACCOUNTS ALLOWED/COUNTY MANAGER/JAILS/COURTHOUSE/GRANTS

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES

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

1. Purchase of a telecommunications software program for

the management of Lake County's Telephone system.

Estimated cost: $4,625.00.

2. Submission of 1992/93 Recycling and Education Grant

Application, Part 1; and signature of Chairman on

1992/93 Recycling Interlocal Agreements submitted

to the County after execution by cities and towns.

PUBLIC HEARINGS/TIMES CERTAIN

ROAD CLOSINGS

Petition #660 - Leesburg Humane Society, Inc. - Leesburg Area

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to discuss the request. He stated that the parties have been in the process of negotiating on the easement. He further stated that, after the request was advertised, a letter was received from First Union stating an objection to the road closing, on behalf of the Erben Trust. A letter was also received from Mr. Robert Erben concerning the same issue. The objections involve the closing of the access to the north, because there is a paved road (Emeralda Road) to the north, which is one-quarter of a mile away. Mr. Stivender stated that, if the parties have not reached an agreeable negotiation, the Board may wish to postpone the request.

Mr. John Weatherford, representing the Leesburg Humane Society, Inc., appeared before the Board to present background information on the request. Mr. Weatherford stated that, when the Humane Society purchased the property, the search through the public records did not indicate the dedicated right-of-way. He stated that the Society placed some drainage facilities and retention ponds at the location of the area of the right-of-way. Before the Society got the Certificate of Occupancy (CO), the Society was contacted and told that there is existing property set aside for a road. Mr. Weatherford stated that the Society has moved its retention areas from the 100 foot strip of property. He stated that he has been working with the individuals and attorneys to try and resolve the issues. Mr. Weatherford indicated that he will tender to the Board, at the conclusion of this matter, a non-exclusive 50 foot easement.

Mr. Robert Erben, representing John F. Erben Trust, appeared before the Board to discuss the request. Mr. Erben presented the Board members with another diagram of the property, and stated that he is concerned with 260 acres of land that has one other access other than the 1,320 foot strip around Emeralda Island Road.

Mr. Erben stated that the proposed cost to the trust to close the road will be more than $100,000.00, if the access is closed from Emeralda Island Road. He continued to discuss the history of the land, and stated that Emeralda Island Road services three other properties. He stated that, if the request is postponed, he will meet to discuss the proposal being presented by the applicant today.

Mr. Steve Richey, Attorney representing Mr. and Mrs. Robert Hughes, appeared before the Board and stated that his clients have filed for large lot waivers, and explained the plans for the properties to be divided. Mr. Richey stated that the easement will be extended across the existing 100 foot easement. He further stated that his clients would be willing to extend on down to provide access, so that they will not have to clay a 1,320 foot easement. Mr. Richey stated that he is willing to continue to work out the problems and to provide a non-exclusive easement, to assist in accommodating Mr. Erben's concern, but does not want to get involved with claying a road.

Mr. Stivender suggested that the Board postpone this request for 30 days, until July 28, 1992, in order that the parties continue to negotiate to resolve the issues.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the postponement of Road Vacation No. 660, by Leesburg Humane Society, Inc., to vacate right-of-way, Leesburg area, District 5, as advertised, until

July 28, 1992.

Petition #681 - George & Rebecca Marek - Mt. Dora Area

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

It was noted that Mr. George Marek, applicant, was present.

No one appeared in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 681, by George and Rebecca Marek, to vacate a part of Ellis, Daytona and Clermont Avenue, Sunset Hills, Mt. Dora Area, District 4, as advertised.

Petition #682 - Joseph Godfrey, Jr. - Leesburg Area

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

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation #682, by Joseph Godfrey, Jr., to vacate drainage easement, Summit Landings, Leesburg area, District 3, as advertised, and to accept the non-exclusive easement.

Petition #683 - Charles F. O'Neall - Mount Dora Area

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

It was noted that Mr. Charles O'Neall, applicant, was present.

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. 683, by Charles F. O'Neall, to vacate drainage and utility easement, Lake Dora Oaks, Mt. Dora, area, District 3, as advertised.

ADDENDUM #2 - COUNTY MANAGER'S CONSENT AGENDA

ENVIRONMENTAL SERVICES/GRANTS/CONTRACT, LEASES & AGREEMENTS

PLANNING & DEVELOPMENT/SUBDIVISIONS/BONDS/ACCOUNT ALLOWED

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

1. Grant Amendment Form, DNR Contract #C-7357, for the

Cooperative Aquatic Plant Management Program (FAC

Chapter 16C-54).

2. Final Plat approval of King's Peninsula, and accept-

ance of a maintenance bond (Escrow), in the amount of

$14,800.00, subject to final review by the County

Attorney's Office.

ADDENDUM #1 - COUNTY MANAGER'S CONSENT AGENDA

APPOINTMENTS-RESIGNATIONS/COURTHOUSE/JAILS/COMMITTEES

Mr. Peter Wahl, County Manager, discussed the request to appoint a selection committee for the architectural services for the renovation of the old Jail and the round Courthouse. Mr. Wahl recommended that Commr. Hanson work on this committee.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved the request for the committee, as stated above by Mr. Wahl, and the recommendation that Commr. Hanson work on the selection committee, along with Mr. Wahl, Mr. Mike Anderson, Director of Capital Improvements, Mr. Doug Conway, Capital Improvements Coordinator, and Mr. John Swanson, Executive Director of Planning and Development.

Commr. Swartz was not present for the vote.

ACCOUNTS ALLOWED/ROAD PROJECTS

Mr. Peter Wahl, County Manager, discussed the request to accept Change Order No. 1 to Project No. 11-92, Main Street, Tavares, Widening and Resurfacing Lump Sum Construction, in the amount of $11,094.07, for a total project cost of $126,091.55 (Impact Fees Benefit District 5).

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the above request, as stated by

Mr. Wahl.

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

BUDGETS/MEETINGS

Mr. Peter Wahl, County Manager, discussed possible dates that the Board may be able to meet for budget workshops, and suggested July 14th, and July 16th, if needed, at 9 a.m.

After discussion, it was the consensus of the Board to schedule the workshops for July 9th, Thursday, and July 14th, if needed, at 9 a.m.

PUBLIC HEARINGS/TIMES CERTAIN

PUBLIC HEALTH/ORDINANCES

At 9:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance establishing the "Lake County Citizens' Commission for Children".

Commr. Hanson introduced to the Board members Mr. Bob Pickerall, Orange County Commission for Children, and Reverend Bob Ware, who sits on the Commission.

Pastor Bob Ware appeared before the Board and presented a background history of his position on the Orange County Commission for Children. Pastor Ware discussed the funding that has been provided to organizations by the Commission, and the positive statistics that have resulted from being involved.

Ms. Charlotte Lehner, Howey-in-the-Hills, stated that she is representing the League of Women Voters, which has voted in favor of the Citizens' Commission for Children. She stated that she is also representing herself, and presented a brief background history of her involvement in education. Ms. Lehner requested that the Board support the ordinance, and the funding.

Ms. Linda Rozar, President, Concerned Citizens of Florida, appeared before the Board to discuss the Analysis of the Childrens' Services Committee. Ms. Rozar questioned the validity of the study; duplication of the intervention by government; and the resolutions identifiable to the statute. She referred to her handout material, which included statistics on organizations that serve children, and those that receive public monies. Ms. Rozar stated that right now juvenile justice, public schools and Health and Rehabilitative Services (HRS) meet the needs of Lake County's at-risk children with public dollars. Ms. Rozar presented areas which were not surveyed in the study, including recreational facilities, and questioned the need for another governmental council, with the new plan proposed by HRS to down-size and pick up the ones who "fall through the cracks". She indicated to the Board that, after surveying counties who have councils in place,

(statistics provided in her handout of material) the statistics do not bear out the contention that children's problems will be solved or prevented. Ms. Rozar reviewed the Statute in relation to this issue, and stated that the Board needs to go back and look at the existing programs and what is being offered in the day care programs.

Commr. Hanson stated that she served on the Local Interagency Community Collaboration (LICC) Board, which looked at making HRS simpler and bringing it down to the local level. She further stated that the LICC Board is looking at a Childrens' Services Council as being the vehicle to actually coordinate their efforts.

Commr. Hanson stated that the voters in Pinellas County have consistently approved referendum items that are involved with the Childrens Services Council, and that the County has had this service for over 40 years.

Ms. Rozar discussed the counties that have rejected such a council, and stated that the figures being shown say that they have not provided the solutions.

Father David Randolph, Department of Corrections, appeared before the Board and discussed drug education prevention, and those involved with drug programs. Father Randolph stated that he read the report and was convinced that there are needs not being met, and this is a way to begin to help, and will make a dramatic effect.

Ms. Elizabeth Macitier, Clermont, appeared before the Board and stated that this is not the right way to help children, or to meet their needs. Ms. Macitier discussed the Florida Statute regarding this issue, and her concern for parental rights. She referred to Page 5, 1. d. of the proposed ordinance that states "The special outreach efforts that should, can or will be undertaken to provide services to-at-risk, abused, or neglected children." She stated her concerns with the definition HRS uses for abuse, and fears that this language will be misinterpreted.

Commr. Bailey stated that the Board has tried to localize this project as much as possible, and that he would like to see it even more localized.

Ms. Lustgarten stated that the Board is creating a dependent district, with the Board having complete control of the budget, as indicated on Page 5, 2. b. of the ordinance.

Mr. Jim Tyre, Clermont, appeared before the Board and stated that the Board will be imposing another bureaucracy and another tax. He stated that the law will control the newly created commission, with the five appointments being made by the Governor, and the district administrator from HRS, and that these individuals will primarily rule and control the newly created commission. He further stated that these individuals are non-elected by the people. Mr. Tyre discussed the law and the term "all" children, and stated that there is enough authority already taken from the parents. He requested that the Board not vote for bigger government, more taxes, usurping the power from parents, and placing the children under the authority of a committee.

Ms. Lustgarten clarified what the ordinance provides, in relation to the membership of the committee, and stated that the five appointments made by the Governor will be based on recommendations by the Board of County Commissioners. She further stated that this ordinance does not provide for an additional tax, because it creates a dependent district, and will be funded through the normal County budget. Ms. Lustgarten stated that the ordinance is specific as to the types of services for the children, and is being made available to all children.

Ms. Cuqui Whitehead, Clermont, appeared before the Board and stated that she served on the study committee. Ms. Whitehead discussed foster parenting, and stated that the ordinance being proposed is to help families, not to take away parenting rights.

Ms. Linda Sellers appeared before the Board to register her opposition to the ordinance. Ms. Sellers stated that there is enough interference in the families, and requested that the Board

not create another agency. She stated that the private sector is trying all of the time to help with the problems of children, but not through another government agency. She commented on HRS and how easy it is to make a child "at-risk", and discussed the inefficiency of government agencies. She stated that she would like the Board to allow the private sector to work a little harder without the interference of another agency.

Ms. Lustgarten clarified that the Board would have to adopt and amend the ordinance to create an independent district, and then it would go to referendum, to be approved by the voters.

Mr. George Russ appeared before the Board and stated that he served on the Childrens' Services Study Committee, with the Committee providing the Board with an indepth study. Mr. Russ stated no one that has spoken in opposition to this issue took advantage of the opportunity to attend any of the meetings to give any input, and no one has presented an alternative that would be superior, or provide a better opportunity to try to do something for the children. He discussed Childrens' Services Councils and stated that this is the best way to help children and to solve problems that exist locally. At this time, Mr. Russ discussed the contents of the ordinance, and the fact that it does not give the committee authority over a child, or the right to take a child from a home.

Mr. Paul Harsh, Pastor of First Baptist, Lady Lake, appeared before the Board and stated that he attended the Study Committee meetings, and was vocal at many. He stated that the Board is wanting to impose another bureaucracy. He further stated that there are agencies already established that are meeting the needs being expressed. At this time, Mr. Harsh presented his analysis of the study, discussed his survey of the issue, and questioned the polling of the parents. He stated that he is adamantly opposed to the ordinance.

Ms. Linda Spino, Coordinator of the Guardian Ad-Litem Program for Lake and Sumter Counties, appeared before the Board and stated that she is adamantly for this ordinance. She stated that there is a desperate need for more services. At this time, she discussed the statistics of abused children, and the proposed funding.

Commr. Gregg stated that it had been the consensus of the Board to place a cap of 10% on administrative costs.

Ms. Lustgarten stated that she will create another section of the ordinance to contain the appropriate language, such as follows: "Administrative costs shall be maintained and shall not exceed 10% in the third year after the creation and the establishment of the committee has occurred."

Commr. Bailey stated that he feels there should be some kind of sunset review, so that this issue will be brought back to the Board for justification, and through a public hearing review. He suggested that the review take place in the second or third year. He further stated that, if it was not justified, it would die.

Commr. Hanson stated that she would not want the review to take place in less than three years, in order that the committee be established and the program organized.

Commr. Swartz stated that it is an absolute responsibility and requirement every year for the Board to review this issue through the budget cycle, and on Pages 5-6 of the ordinance, it states what is required each year by the Board.

Commr. Bailey stated that the sunset provisions have been very effective with the legislature, because it does create an awareness to bring the issue back to justify its existence and effectiveness. Commr. Bailey stated that he would like the Board to consider a three year sunset provision.

Commr. Hanson stated that the presentation made each year through the budgetary process will be at a public hearing, and that there is no need for the sunset clause.

Commr. Swartz suggested that the annual presentations that are required be held in an advertised public hearing, prior to the budget process, in order that the public has an opportunity each year to have input as to whether the programs are justified.

Commr. Bailey stated that he feels the sunset provision gives the Board the opportunity to create an awareness, and to give the people a forum to discuss the issue, and that this is a fair compromise.

Commr. Bakich stated that he feels there is a real need for the program being proposed, but that he does have concerns with the efficiency and effectiveness. He stated that he would support the compromise being proposed by Commr. Swartz.

Commr. Gregg stated that he feels the sunset review is a good provision, and highlights the issue to be discussed. He further stated that there is a need, and he will vote for it again.

Commr. Gregg stated that, by having the sunset clause, the Board will have the opportunity to have the issue come under scrutiny of a public hearing. He stated that he would like the County to review the possibility of contracting with HRS, and to provide the services at a local level, and let the State fund the County to provide the services.

Commr. Swartz made a motion, which was seconded by

Commr. Hanson, to include language in the ordinance that provides for a four (4) year sunset of this ordinance, and that annually, after the required January 1 submission of the report, that a public hearing be held each year to invite public comment relative to that required report, with all of this being done prior to each budgetary cycle.

Under discussion, Commr. Bakich questioned January 1 being the sunset date.

Ms. Lustgarten stated that the sunset date could be four years from the first meeting of the committee. The sunset review would have to occur before that date.

The Chairman called for a vote on the motion, which was carried unanimously, as amended to include the above clarification of the sunset date.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to include language in the ordinance indicating a 10% cap on administrative costs as of the third fiscal year.

Commr. Hanson made a motion, which was seconded by

Commr. Swartz, to approve Ordinance 1992-8, as amended, and as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING THE "LAKE COUNTY CITIZENS' COMMISSION FOR CHILDREN"; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR A TITLE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICES; PROVIDING THE OBLIGATIONS AND DUTIES; PROVIDING FOR PROCEDURES; PROVIDING FOR LIMITATION ON ADMINISTRATION COSTS; PROVIDING A SUNSET PROVISION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Under discussion, Commr. Swartz stated that, through the advertising process for appointments to the committee, each Commissioner will need to submit three names to be recommended to the Governor.

Commr. Bakich stated that several comments had been made regarding not being involved with the process, and that this is an open process where each individual will be able to provide input. The process will be conducted through public hearings.

The Chairman called for the vote, with the motion being carried unanimously.

RECESS & REASSEMBLY

At 11:10 a.m., the Chairman announced that the Board would recess for five minutes.

ELECTIONS

Ms. Emogene Stegall, Supervisor of Elections, appeared before the Board to discuss proposed precinct changes due to reapportionment.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the precinct changes, as presented by Ms. Stegall.

COMMISSIONER'S BUSINESS

MUNICIPALITIES/OUTDOOR RECREATION/RESOLUTIONS

Commr. Bailey made a motion, which was seconded by

Commr. Hanson, to approve a resolution commending all those involved in the Park Pals Playground project in Clermont.

Under discussion, the Board was informed that Mount Dora just underwent the same type of project, and requested that a resolution be presented to Mount Dora in the same form.

Commr. Bailey approved to include this as part of the motion, with Commr. Hanson being in agreement.

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

PUBLIC HEALTH/RESOLUTIONS/MUNICIPALITIES

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution commending Mehmet Fatin (Fred) Baki for his founding of Cottage Education Corporation, a non-profit literacy center in Mount Dora.

COMMISSIONERS/MEETINGS

Commr. Swartz informed the Board that the Townhall Meeting for District 3 will be June 30, 1992, at 7 p.m., at the Lake County School Board Office.

ADDENDUM #3 - COUNTY MANAGER'S DEPARTMENTAL BUSINESS PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board to discuss the request to process the Land Use Plan Amendment (LUPA) for Lake County. At this time, he discussed the proposed amendments, with the first amendment revising the adopted Future Land Use Map (FLUM), as outlined in the backup material, which will include language that shows the categories within the Green Swamp area. He stated that the next amendment would be to adopt the Lake County Water Authority Map, which shows all of the water bodies in the County. The third amendment would be in the text, which includes several policies dealing with the Green Swamp area, and several policies that deal with the changes in the land use categories.

Mr. Swanson stated that the Land Use Plan Amendments are due no later than June 30, 1992.

Commr. Bakich discussed Exhibit C in the Proposed Amendments, and the objective, which indicates that Lake County shall coordinate with Polk County. He stated that he has a problem with the Polk County report, because it does not deal with Lake County's portion of the Green Swamp. He further stated that he is concerned with Lake County adopting the report, even though it has not been officially adopted by the Polk County Commissioners. Commr. Gregg indicated that he has the same concerns.

Ms. Annette Star Lustgarten, County Attorney, stated that the Board could strike the actual reference to "Polk County", with the Board members being in agreement to do so.

Commr. Bailey discussed the Rural/Conservation land use category, and stated that he has a problem with the developments being required a minimum of 75% of the project site to be retained as open space, and the density of development being increased to one unit per five acres of uplands. Commr. Bailey further indicated that he is concerned with the developments being processed as residential planned unit developments. He discussed the Bay Lake Rural Village being a rural community, and the Transitional land Use Category allowing development to occur at one unit per acre of uplands. Commr. Bailey stated that there needs to be some discussion to allow reasonable neighborhood commercial in those areas.

Commr. Bailey discussed the Board adopting the one unit per five acres, and the one to ten (10) in the Green Swamp, but that he has a problem with the density being transferred to the upland portions of the site at a ratio of one unit per 20 acres as long as the overall density on the site does not exceed three units to the acre.

Commr. Hanson questioned the possibility of a one to 10 gross, with Commr. Bailey stating that he would be in agreement with this.

Discussion occurred regarding the issue of clustering, in relation to the requirement of a minimum of 75% open space.

Commr. Hanson discussed the requirement of 12,500 square feet minimum in the Green Swamp and the Wekiva, and stated that this should possibly be applied throughout the County.

Discussion occurred regarding this issue, with Ms. Lustgarten stating that the zoning districts set minimum sizes.

Commr. Swartz stated that the County would recognize that there are lots in existence today that do not meet the five acres minimum, and therefore, that on a certain date that lot was a lot of record, and one unit could be built, if it met the criteria of 12,500 square feet without having to rezone it. He stated that this would be an exemption similar to what the County has in the Wekiva.

Commr. Hanson stated that this should be considered as an amendment to the Land Development Regulations (LDRs), in order to eliminate some of the problems with rezoning.

Commr. Bailey discussed the Transitional Land Use Category and the following restriction: h. "plants indigenous to the Green Swamp shall be used in landscaping", and requested an explanation from Mr. Swanson, which he presented. Discussion also occurred on the restriction i. "exotic and nuisance species shall be controlled", with Ms. Lustgarten stating that "existing" could be added to exotic and nuisance.

Mr. Claude Smoak appeared before the Board and stated that he is opposed to the Board telling the people how to landscape their own property, and questioned as to a time that the public will be able to express their concerns.

Ms. Lustgarten stated that today the Board is initiating the amendment process, with a number of concerns being raised that will be clearly addressed before the actual amendment is in final form. At this time, Mr. Swanson discussed the schedule for the application and the time frame to be followed by staff.

Commr. Bakich questioned the process that will be used for the public to get involved with the amendment process, with Mr. Swanson stating that, if they wish to make an amendment, or to make a comment on the Board and staff's amendment, staff can advertise and request citizen comment.

Commr. Bakich suggested that a direction be set for another public amendment process, with Mr. Swanson stating that there are two times a year when there can be Land Use Plan amendments, per Florida Statute. At this time, Ms. Lustgarten presented further explanation.

Discussion occurred regarding the amendment deadline, in relation to the July and August dates for hearings and advisory reports, as questioned by Mr. Frank Bouis, with Ms. Lustgarten explaining the detailed steps to be taken in the amendment process. Commr. Swartz commented that the Board also needs to show the Department of Community Affairs (DCA) that a good faith effort is being made by the County regarding the amendments.

Mr. Bouis recommended that this entire issue be presented to the Agricultural Advisory Committee for its consideration.

Commr. Bailey stated that he is very concerned about the issues of 75% open space, the Bay Lake Rural Village, the commercial and transitional land use category, the plant requirements in sections H. and i., and the 1-20 being changed to 1-10, the elimination of Polk County, and that he reserves the right to make changes, and to have the opportunity to get input from those people to make the necessary changes.

At this time, it was the consensus of the Board to make the changes now, as stated by Commr. Bailey.

The following were the changes, as reiterated by Mr. Swanson:

1. Strike "Polk County".

2. Review and clarify the 75% open space requirement,

include Bay Lake Rural Village, and to make sure the commercial for the past 30 years is vested and put back in.

3. Transitional Land Use Category, and criteria to allow commercial.

4. Strengthen the language that does not preclude the commercial

activity from taking place.

5. Make sure Groveland Farms is vested according to the old recorded plat language.

6. Industrial language will be on the map that was adopted by

the Board.

7. The Board accepts 1-10, but not 10-20.

8. Recognize that there are lots in the existing area today that

do not meet the criteria, and also lots that are there that meet the criteria in the high and dry land within the Green

Swamp area, and look at it as it relates to the 75% rule of

the clustering net classification.

10. Strike the indigenous plants and exotic and nuisance plants.

Mr. Smoak discussed his concern with the Polk County report, and his concerns with the restrictions in the Rural/Conservation Land Use Category regarding private wells and septic tanks, which he does not agree with. Mr. Smoak also discussed EDB which exists in the wells in south Lake County, and the requirement of a species study for threatened, endangered or species of special concern, for all proposed developments exceeding 50 acres. He also discussed the density being transferred to the upland portions of the site at a ratio of 1 unit to 20 acres. Mr. Smoak stated that the Board is the last hope that anyone has to have any reasonable approach to land use.

Commr. Swartz discussed the intentions of Mr. Jacob D. Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., when he proposed the amendments before the Board.

Ms. Lustgarten stated that the Board needs to initiate the amendment process, which involves Exhibit A, which reflects the new areas to be designated on the Future Land Use Map (FLUM), as well as Exhibit B regarding the Suburban land use category. She stated that the Board has indicated problems with Exhibit C regarding the Green Swamp Area of Critical State Concern.

Mr. Bouis requested that the Board not adopt anything discussed today, and to give the public the opportunity to review all of the information, including the maps, and to make suggestions and comments.

Mr. Smoak suggested that the Board allow staff, at its direction, to put together the language, because the language presented is inadequate. He stated that the public needs to know the proposed amendments, and to be given the opportunity to assist in preparing the final documents. He further stated that the language being presented kills the potential use of a piece of land.

Commr. Gregg stated that the document is not what the Board can support, but it is what Mr. Varn feels he can negotiate on behalf of Lake County.

Ms. JoAnn Ricci, Community Development Director, City of Mount Dora, addressed the Board on the recommendations made in the report from Polk County, and suggested that the report be released for public review. She stated that DCA has announced formally that it does have its intention next legislative session to bring forth those recommendations to the Legislature to be brought back down to the County through the Administrative Commission. She further stated that the Board has to adopt something that it feels can meet its needs, before it is placed in the position where it will lose all of its leverage, or the Board will find itself lobbying to the Legislature.

Mr. Bouis stated that he will continue to support the Board and what the Board has attempted to do with the Comprehensive Plan, which includes the hiring of Mr. Varn, who he feels has done exactly what he was assigned to do, which was to attempt, guide and negotiate with DCA.

Ms. Lustgarten stated that Mr. Varn suggested a change to the map, and the change to the land use designation, in order to place the County in a more defensible position. She stated that the Board can adopt the proposed map with the new densities and land use designations, as well as the suburban requirements, with the Board also having the option not to touch the Green Swamp, which is one option. She further stated that the Board also has an option of not initiating an amendment, assuming that the County will reach a settlement agreement with DCA on the non-Green Swamp portion of the Comprehensive Plan, if they are willing to sever those issues. If an agreement cannot be made between the County and DCA, there would be an administrative hearing.

Mr. Swanson stated that DCA has indicated that they will accept the modifier of 2.5, which is the amount of land use needed to support a 205,000 population of an estimated 344,000. DCA further said that they will accept about 20,373 acres of urban land use classification. They will also accept 52,000 acres of urban expansion classification, and approximately 44,000 acres of suburban land use classifications. The densities in those three categories would be eight (8) units per acre for urban; up to five (5) units for urban expansion; one (1) unit per acre for suburban, with the ability to go to three (3) units per acre with certain criteria. At this time, he presented the criteria, and stated that this was the objective in the land use map, and further defined with the Green Swamp objective to identify the ridge area, the transition area, and the urban conservation area, which staff will be looking closely at once again.

Ms. Ricci stated that she is representing the City of Mount Dora, and that the City has concerns with the map, and wanted her to make the Board aware of them.

Mr. Pete Wahl, County Manager, informed the Board that the City of Mount Dora has submitted to Mr. Swanson its concerns in writing.

Ms. Ricci stated that the City of Mount Dora has concerns with some of the densities that have been allocated around the City.

Mr. Wahl stated that he felt the appropriate times for those concerns to be addressed would be as the County moves toward the adoption process in August.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to include the Lake County Water Authority's water map as an exhibit, to be included in any proposed amendments prior to the June 30, 1992 deadline.

Commr. Gregg made a motion, which was seconded by

Commr. Hanson, to move forward with the Land Use Map to the public hearings.

Under discussion, Commr. Swartz stated that he has reviewed the map and finds it to be unacceptable, and will vote against the map.

Mr. Wahl directed the Board's attention to the section in the proposed amendments pertaining to Rural/Conservation - up to 1 unit per 10 acres, and stated that the Board may want to modify this to 1 unit per 5 acres, in order that the map be consistent with the language.

Mr. Swanson discussed the formulation of the map, in relation to the densities.

At this time, it was noted that the language in the amendments will be consistent with the map.

The Chairman called for a vote on the motion, which was carried, and with the language being consistent with the map. Commr. Swartz voted "no".

RECESS & REASSEMBLY

At 12:50 p.m., the Board announced that the advertised time had arrived for the public hearings on rezoning.

REZONING

Mr. Greg Stubbs, Director of Current Planning, informed the Board that he has not received any requests for postponements or withdrawals, but that he will be supplying the Board with additional information on the cases to be presented, which will be received as evidence in the appropriate case.

At this time, Ms. Toni M. Riggs, Deputy Clerk, administered the oath to all staff who would be appearing before the Board to present testimony in the scheduled rezoning cases.

PETITION CUP#92/4/1-5 CUP in A Jimmy & Wilma Godwin

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He stated that corrections have been made in the conditions in accordance with the recommendations made by the Planning and Zoning Commission, which included the following: Concession stands for refreshments may be permitted at a maximum of three (3) times per year;

There is to be no daily or overnight parking of recreational

vehicles on the site.

Any other proposed uses must be specifically authorized

by the Board of County Commissioners.

Mr. Jimmy Godwin, applicant, appeared before the Board, with the Deputy Clerk administering the oath to Mr. Godwin. It was noted that Mrs. Wilma Godwin was present in the audience.

Mr. Godwin explained his request for an aviation/parachutists activities at the existing Umatilla Airport with the existing mobile home and utility shop. He stated that he has an agreement and lease with the City of Umatilla to operate at this site. At this time, Mr. Godwin discussed the number of special events, and stated that he feels the maximum of three events is not an appropriate number, and would like to request ten.

Mr. Bob Skinner, adjoining property owner, appeared before the Board, with the Deputy Clerk administering the oath to Mr. Skinner.

Mr. Skinner stated that he is in opposition to the request. He stated that he has lived next door near the airport for 58 years, and the property has been with his family for 88 years. He stated that he has no objection to the airport itself, and the landing and taking off of planes, but to the idea that this has become a money making project. Mr. Skinner discussed the safety involved with the activities, and the joint liability the County has with the City of Umatilla. He also discussed the franchise agreement Mr. Godwin has with the City, which indicates that parachuters cannot land on the Umatilla Airport, and stated that the applicant is requesting that the paragators be allowed to fall through the air traffic area. He further stated that this is currently happening, and that the paragators are landing on surrounding properties, and in Lake Umatilla, and that there are a lot of safety hazards involved with this activity taking place. Mr. Skinner stated that the property to the south was recently annexed into the City, and is zoned R-12 (residential area), and that he has a letter from the R. D. King Trust opposing this request for rezoning, and to the paragators dropping into this area. Mr. Skinner discussed the Federal Aviation Authority (FAA) requirements, and discussed the safety hazards, including the high tension wiring, parking problems, noise pollution, and stated that the airport is a tremendous asset to the City, but the applicant needs to find another drop zone.

Mr. Godwin stated that numerous meetings were held in the City of Umatilla on this issue, and he discussed his connection with the FAA. He further stated that the drop zone at the airport is certified by the United States Parachuters Association. He stated that there are approximately 12 drop zones in the State of Florida, and that his organization has been jumping in Umatilla for six years.

Mr. Stubbs stated that the request for the CUP is for a concession stand, and the setting up of port-a-lets on the site, and is not required for the jumping. He stated that complaints have been received about the concession facilities, with staff asking Mr. Godwin to apply for a CUP.

Discussion occurred regarding the number of events planned for the year, with Mr. Godwin stating that there are approximately 2-3 scheduled, but that he does not feel that there should be a limited number of promotions held by a business.

Commr. Gregg stated that the difference with this request, in relation to other businesses involves the property being surrounded by residential zoning.

Commr. Bakich stated that the Board is not dealing with the issue of air traffic control, but a land use issue. He stated that he supports the rezoning, and the limiting of events to the number of 4-6 times a year.

Discussion occurred regarding the location of homes around the airport, with it being noted that there are no homes immediately around the area.

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

aviation/parachutists activities at the existing Umatilla Airport, with the existing mobile home and utility shop, with the following amendments:

Concession stands for refreshments may be permitted at

a maximum of five (5) times per year;

There is to be no daily or overnight parking of recreational

vehicles on the site;

Any other proposed use must be specifically authorized

by the Board of County Commissioners.

PETITION CUP#92/5/1-5 CUP in A Jack Day, et al

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

Mr. Steve Richey, Attorney, representing Mr. Jack Day, applicant, appeared before the Board, with the Deputy Clerk administering the oath to Mr. Richey.

Mr. Richey stated that there are three (3) RVs on the property, with the property (approximately five acres) being used as a hunting camp, only during the hunting season.

No one appeared in opposition to the request.

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 a CUP in A (Agricultural) for a hunting resort.

PETITION CUP#92/5/2-4 CUP in A Dannie J. Cordle

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

No one appeared in opposition to the request.

Commr. Hanson made a motion, which was seconded by

Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approve, as conditioned with amendments, the request for a CUP in A (Agricultural), to add a vehicle maintenance shop as an accessory use to existing uses on the property.

Ms. Kathryn Moffett, Attorney, representing the applicant, appeared before the Board, with the Deputy Clerk administering the oath to Ms. Moffett.

Ms. Moffett clarified that the CUP is not to add a building, or any accessory structure, but only to allow the existing activity to continue.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, on Page 3 of the CUP, it references a code section, which should be changed to read Land Development Regulations, with Mr. Stubbs stating that all sections with such a reference will be changed.

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

PETITION #27-92-4 A to RR John P. McIntire

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

It was noted that the applicant was present in the audience, and no one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, 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 RR (Rural Residential), for the construction of a single-family residence.

PETITION #30-92-4 R-1-7 to RR France & Margel Koon, Jr.

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

It was noted that the applicant was present in the audience, and no one present wished to speak in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bailey 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 RR (Rural Residential), to raise poultry animals, rabbits, and quails for domestic use.

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

PETITION #164A-90-3 Amendment to PUD ORD#58-90

A. S. Herlong & Company

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He stated that, since the Board approved the newly adopted Land Development Regulations (LDRs), which does not place time limits on PUDs, the Board could make a finding today that there is not a need to do this.

Ms. Annette Star Lustgarten, County Attorney, stated that there are no longer time restrictions on PUD ordinances, and the Board has the ability to waive the time frames.

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

Commr. Bailey made a motion, which was seconded by Hanson, to waive the two year extension of the existing PUD.

Under discussion, Ms. Lustgarten stated that the PUDs coming before the Board were adopted under the old LDRs. Mr. Stubbs stated that no PUD ordinance shows a time frame, with this only being referenced in the old County code. Ms. Lustgarten stated that a policy will be developed.

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

PETITION #33-92-3 A to AR Charles C. McDaris

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He stated that three letter had been received indicating concern.

It was noted that the applicant, or a representative, was not present in the audience.

Ms. Audrey Reed appeared before the Board, with the Deputy Clerk administering the oath to Ms. Reed.

Ms. Reed stated that the Board had before them her letter of concern, and she approached the map to clarify some of her concerns, and to provide some history of the requests that had preceded this particular one. She informed the Board that the parcel for which the rezoning is being requested, contains a sink hole which was used to landfill garbage and refuse until two years ago when it was covered over. Ms. Reed stated that the opposition to this request is supported by all of the people who live in the neighborhood.

Discussion occurred regarding the four acre tract, with

Mr. Stubbs stating that this is nonconforming in agriculture. It was noted that this lot is in the Howey Subdivision. He stated that, if the Board denies the request, the applicant can go to the Board of Adjustment and request a building permit for the one lot.

Commr. Gregg suggested that the Board deny the request without prejudice, because, if it is a lot of record, the applicant can build on it.

Ms. Reed discussed the dirt road and stated that the current residents do not want the road paved.

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 denied without prejudice the request for rezoning from A (Agricultural) to AR (Agricultural Residential), for the construction of a single-family residence.

Commr. Swartz requested that Mr. Stubbs determine whether or not this property would qualify as a lot of record, and to advise the applicant.

PETITION #26-92-2 R-1-7 to RM Joseph & Debra Witter

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. At this time, Mr. Stubbs presented the Board with a revised map.

Mr. Steve Richey, Attorney representing the applicant, was present, and no one was present to speak in opposition to the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg 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 RM (Mobile Home Residential), to create one (1) buildable lot for the placement of a mobile home.

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

PETITION #28-92-1 A to LM Ronald D. Rogers

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

Mr. Steve Richey, Attorney representing the applicant, was present, and no one appeared to speak in opposition to the request.

On a motion by Commr. Gregg, 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 MP (Planned Industrial) with LM (Light Manufacturing) uses, as conditioned.

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

PETITION #29-92-1 RR to ER Robert Hosp & G. L. Garrison

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

Mr. Steve Richey, Attorney representing the applicant, was present, and no one wished to speak in opposition to the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson 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 ER (Estate Residential), for the construction of a single-family residence.

PETITION #32-92-1 A to R-1-15 C. W. & Mattie Shepherd, Jr.

Mr. Greg Stubbs, Director of Current Planning, presented this case to the Board. He directed the Board's attention to the one letter and the petition with 29 signatures, in the backup material in opposition to the request, along with the letter of opposition that he just received. Mr. Stubbs stated that the recommendation is approval and that Allen Road and Clark Road not be used as access for this development.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request. It was noted that Mr. Richey had previously been administered the oath.

Mr. Richey stated that this request involves 63 acres, and discussed the surrounding development, which will be compatible with what is being proposed. Mr. Richey stated that platting has not been done at this time. He further stated that the clay road will have to be paved to County specifications, and he would be willing to work with staff on the other road issues.

At this time, the Deputy Clerk administered the oath to all individuals who would be appearing to present testimony on this case.

Ms. Marsha K. Young appeared before the Board in opposition to the request. Ms. Young stated that Lake Unity Nursery Road does tie into Eagles Nest Road and continues on around the lake, and all of this will be paved. She stated that there will be access on Lake Unity and Eagles Nest, and she discussed the upkeep of the connecting development, in relation to the well kept neighborhood that she lives in. She further stated that her neighborhood will be down graded by the creation of additional traffic on the roads that will be tied in by the proposed development. Ms. Young stated that she does not oppose the development, if it does not tie into Allen Road and Clark Road.

Ms. Diane Roberts appeared before the Board and stated that she lives on Allen Road, which is County maintained. She stated that the problem involves people driving over private property and not observing the speed limits on the roads. Ms. Roberts stated that she does not have a problem with a nice development, which is being proposed.

Ms. Mary Tomaszewski appeared before the Board and stated that she has a problem with the road access, but not the development. She presented the Board with a map of the existing mobile home park, in which she resides, and stated that she is concerned about the location of her well, in relation to the road.

Mr. Richey stated that this development will consist of single-family residences, with desires of platting this property as required by the Land Development Regulations (LDRs) of Lake County. Mr. Richey stated that the applicant can develop the property with

the limitations of access to Eagles Nest and Lake Unity Nursery Roads, if required by the County.

On a motion by Commr. Gregg, 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 R-1-15 (R-3 as of June 1, 1992 - LDRs) (Residential Estates), with Allen Road and Clark Road not being used as access for this development.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:15 p.m.

__ G. RICHARD SWARTZ, JR., CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

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