A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 20, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, July 20, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance & Audit Department; and Marlene S. Foran, Deputy Clerk.

Reverend Terry Jackson, Director of St. James Episcopal Church, Leesburg, gave the Invocation and the Pledge of Allegiance.

MINUTES

Regarding the Minutes of May 18, 1993 (Regular Meeting), clarification was made to the spelling of proper names, and the following corrections were requested:

Page 9, Line 25 - delete and the best way.

Page 13, Line 7 - delete "simplistic" and insert as simple.

Page 39, Line 24 - change "ECFROPC" to ECFRDC.

Page 46, Line 32 - change "selling" to Salient.



On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 18, 1993 (Regular Meeting), as amended.

Regarding the Minutes of May 25, 1993 (Regular Meeting), clarification was made to the spelling of proper names, and the following corrections were requested:

Page 15, Line 19 - delete "Canon Code" and insert Canons of the Code.

Page 15, Line 22 - change "119" to 112.

Page 27, Line 8 - delete line and insert Chapter 6, Subsection 6.12.01(A) and Subsection 6.12.01(B), Public Facilities.



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of May 25, 1993 (Regular Meeting), as amended.

Regarding the Minutes of May 25, 1993 (Special Meeting-Solid Waste), clarification was made to the spelling of proper names, and the following corrections were requested:

Page 4, Line 8 - delete "is going to" and insert will; delete "everybody" and insert every hauler.



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of May 25, 1993 (Special Meeting-Solid Waste), as amended.

Regarding the Minutes of June 1, 1993 (Regular Meeting), the following corrections were requested:

Page 24, Line 29 - change "17" to 27.

Page 14, Line 12 and 18 - delete "receptacle" and insert reciprocal.



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of June 1, 1993 (Regular Meeting), as corrected.

Regarding the Minutes of June 2, 1993, (Special Meeting), clarification was made to the spelling of proper names, and the following corrections were requested:

Page 4, Line 12 - change "recharged" to recharge.

Page 4, Line 16 - change "provides" to provide.

Page 5, Line 23 - change "is" to are.



On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of June 2, 1993 (Special Meeting), as corrected.

Regarding the Minutes of June 15, 1993 (Regular Meeting), clarification was made to the spelling of proper names, and the following corrections were requested:

Page 6, Line 20 - insert is after "it".

Page 9, Line 20 - change "$52,000.00" to $62,000.00.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of June 15, 1993 (Regular Meeting), as amended.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of June 22, 1993 (Special Meeting), as presented.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed



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



Bonds/Ambulances-Hospital Districts



Request to acknowledge receipt of the bond requirement for Joseph Nolette, Member of the Board-North Lake County Hospital District/Independent Special District, as required by the Board of County Commissioners Resolution No. 1990-12.



Municipalities/Ordinances



Request to acknowledge receipt of City of Fruitland Park Ordinance No. 93-009, adopted by the City Commission on June 24, 1993, annexing property generally known as the Collins Property to the City of Fruitland Park.



Deeds



Request to acknowledge receipt of unclaimed excess proceeds due landowners on applications for tax deeds.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, Case No. 93-133 CF, Jose Jaime Perex, in the amount of $250.00.



Request for approval of Satisfaction of Judgment, Case  No. 93-38 CFA01, Richard John Rooney, in the amount of $500.00.



Accounts Allowed/Courts-Judges/Code Enforcement



Request for approval of Satisfaction and Release of Fine, Code Enforcement Board No. 81-87, Wendell Goney, in the amount of $865.00.



Accounts Allowed/Assessments/Subdivisions



Request for approval of Satisfaction of Assessment Liens, as follows:



Hilltop III



Luther Hunt $1,130.74



Mount Plymouth



Cynthia A. Maloney & Sharon R. Luther $ 734.18

James L. Bailey $ 611.98

Cynthia A. Maloney $ 865.78

William H. Feilmeier $ 893.94

William H. Feilmeier $1,216.44

Claire R. Halstead $ 610.59



Anthony R. & Kim White $ 613.81

R. E. Turnage $1,573.51

George & Mary Lou Aroid $2,022.83



Ike Avenue



James R. & Alice M. Benton $1,536.82



Crescentview Development



Rayeann Sherrill $3,614.38



Ocala Forest Campsites



Randy P. Hunsicker & Malinda S. Hunsicker $ 899.31



Distance Drive



Keith E. & Carol Dildin $1,331.17



ADDENDUM NO. 1

State Agencies/Utilities



Request to acknowledge receipt of Notice of Hearing from the Florida Public Service Commission, Docket No. 930055-EU, Investigation of Proposed Stockholder Incentives for Off-System Sales of Capacity and Energy By Investor-Owned Utilities, on July 21, 1993 and July 22, 1993 and July 23, 1993 for the continuation of hearing if deemed necessary.



COUNTY MANAGER'S CONSENT AGENDA



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

Accounts Allowed/Budget Transfers/Solid Waste

Community Services/Facilities and Capital Improvements



Request for transfer of funds in various departments, as follows:



Fund: Landfill Enterprise

Department: Public Services

Division: Solid Waste Management

From: Operating Expenses $ 65,000.00

To: Operating Expenses $ 65,000.00

Transfer No: 93-0241



Fund: Sales Tax Capital Projects

Department: Facilities & Capital Improvements

Division: Capital Improvements

From: Capital Outlay $124,682.00

To: Capital Outlay $124,682.00

Transfer No: 93-0235



Fund: General

Department: Community Services

Division: Human Services

From: Operating Expenses $ 48,000.00

To: Operating Expenses $ 48,000.00

Transfer No: 93-0245





Committees/Community Services



Request for approval of LOGO for the Citizens' Commission for Children.



Grants/State Agencies



Request for approval to submit the 1993/94 Transportation Disadvantaged Grant Program for Non-Sponsored Planning Related Services Application Manual to the Florida Transportation Disadvantaged Commission in Tallahassee.



Bonds-Mobile Home



Request to release a bond for a temporary non-conforming zoning use for Carl Warren (MB 4-92-4).



Accounts Allowed/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $6,700.00, for maintenance for Wedgewood Club, Fourth Addition.



Accounts Allowed/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $4,500.00, for maintenance for Porter Point.



Accounts Allowed/Contracts, Leases & Agreements/Subdivisions



Request to release an Escrow Agreement, in the amount of $7,277.88, for maintenance of Bristol Subdivision.



Accounts Allowed/Road Projects



Request to accept and authorize Change Order No. 1 to Project No. 2-93 Guerrant Street Widening and Resurfacing and Peru Road (#5-5791) and Fletcher Road Lump Sum Construction (#5-7972), in the amount of $11,010.00 for a total of $131,541.14 in CTT Funds; Road Impact Fees, in the amount of $91,685.95; and a contract price in the amount of $223,227.09. Commissioner District No. 5.



Contracts, Leases & Agreements/Public Services



Request for approval of Maintenance Agreement between Lake County and Elizabeth Boyd for maintenance of the Woods-Boyd Memorial Gardens (Cemetery).



Rights-of-Way, Roads & Easements/Deeds



Request to accept the following non-exclusive easement deed:



John C. and Arlene A. Malik

US 441/SR 500, Cross Access Easement



Request to accept the following Statutory Warranty Deed:



Harold V. Coffman, Individually and as Trustee

Dupree Road (#5-8871)



Rights-of-Way, Roads & Easements/Deeds



Request to accept the following Statutory Warranty Deed:

Robert J. Hester, III, Trustee

Lake Ella Road (#1/5-6604)



Rights-of-Way, Roads & Easements/Deeds



Request to accept the following Trustees Deed for part of Lake Jem Road:



Ocklawaha Trust: Dorothy Shipes

Thomas J. Lawrence

William H. Beardall



Request to accept the following Statutory Warranty Deeds:



Bret T. and Virginia M. Wood

Bret T. and Virginia M. Wood



Road Closings - Permission to Advertise



Request to advertise Vacation Petition No. 722 by Andre' Berton to vacate part of Mink Road, Astor Area. Commissioner District No. 4.



Request to advertise Vacation Petition No. 723 by Thomas and Marilyn Fortune to vacate easement, Leesburg Area. Commissioner District No. 1.



Request to advertise Vacation Petition No. 724 by David Warren to vacate roadway, Plat of Lancaster Beach, Clermont Area. Commission District No. 2.



Request to advertise Vacation Petition No. 725 by Robert Thornburg to vacate streets, Glendale Subdivision, Umatilla Area. Commissioner District No. 5.



Request to advertise Vacation Petition No. 726 by Katherine McCormick to vacate Road (Roosevelt Drive), Highland Park Estates, Mount Dora Area. Commissioner District No. 4.



Purchasing/Budgets



Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:



A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.



DIVISION AMOUNT



1) Human Resources $48,800.00

Authorization to seek bids and approve technical specifica- tions for Bid #B-4-3-80, Novell Network Computer System for Human Resources. Funding for this will be from the infra-structure money.







B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders.



DIVISION AMOUNT



1) Corrections $ 35,000.00



Permission to Waive Bid Requirements and accept quotes and award the Purchase Order to the low most responsive quoter for one each, 15 passenger vans and one each 9 passenger van Quote #Q-2-3-15 work crew vans. This is a time sensitive project, due to the fact Purchasing will have to quote prices off the dealers lot. Automobile orders cannot be placed directly with the manufacturer until after September. Funding for this will be from infra-structure money.





E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



1) Fire & Emergency Services $ 6,170.00



Master Communications Sales & Service/Issue Purchase Order for the emergency repair to the South Tower communications base station which was hit by lightning. The cost of repairs were unknown at the time the emergency P.O. number was issued. Limiting the down time to a minimal was essential due to the crucial service the tower provides to Fire & Emergency Services.



F) Approve and Execute Contract, Agreements, Amendments, Chairman's Signature and Encumber Funds.



DIVISION AMOUNT



2) Tax Collector $ 29,000.00

est. annual cost



Tavares Associates/Issue Purchase Order per the terms of the contract and have the Board authorize the "Second Addendum to Lease" pending County Attorney's final approval. This agreement is for the rental of office space in Tavares Square Shopping Center for the Tax Collector. Terms of this Agreement is from August 1, 1993 through September 30, 1994.



County Attorney/Public Services/Tourist Development Council



Request to direct the County Attorney to obtain an Attorney General's Office opinion regarding the expenditure of Tourist Development Tax Revenue for rails to trails projects.



CITIZEN QUESTION AND COMMENT PERIOD



At this time, it was noted that no one present wished to address the Board.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Mr. Pete Wahl, County Manager, presented this request to the Board.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to extend the contract agreement between Lake County and Post, Buckley, Shuh, and Jernigan, Inc. for sampling and laboratory services for ground and surface water monitoring in Lake County, Florida, for one year; and to encumber and expend funds in the amount of $134,366.00.

SUBDIVISIONS/PUBLIC SERVICES

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request to proceed with the establishment of a Municipal Services Benefit Unit for Village Green Subdivision.

ACCOUNTS ALLOWED/SUBDIVISIONS

Mr. Pete Wahl, County Manager, presented this request to the Board.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request to advance the application fee, in the amount of $1,566.00, to the homeowners of Magda Estates; pay the costs from the County Transportation Trust Fund; and proceed with the establishment of a Municipal Services Benefit Unit for Magda Estates Street Lighting.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

MUNICIPALITIES

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an Interlocal Agreement between Lake County and the City of Leesburg for Fiscal Year 1993/94 relating to improvements at the Leesburg Municipal Airport; and to encumber and expend funds in the amount of $52,000.00.

ACCOUNTS ALLOWED/RESOLUTIONS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Services, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval to bring Exmoor Drive, in Mount Plymouth, into the County Road Maintenance System, and assign County Road Number #4-4189D; and to encumber and expend funds in the amount of $653.81.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding the resolutions adopting the initial assessment roll for the collection of non-ad valorem assessments in the Imperial Terrace West Municipal Services Benefit Unit, Greater Groves Municipal Services Benefit Unit and the Deer Island Municipal Services Benefit Unit. Commr. Swartz requested that a notice be mailed outlining the specific purpose for said assessments to the individuals involved.

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

Community Services

Request for approval of a letter of support and endorsement to Sunbelt Health Care, Inc. for application for a Certificate of Need to establish a community nursing home.



Fire Protection



Request for approval of immediate modification to Fire/Rescue Organizational Plan.



County Employees/Human Resources



Request for approval of voluntary employee payroll deductions for wellness programs offered by YMCA and LRMC Wellness Center; and approval of LRMC Wellness Center contract; and authorization for the Chairman to execute said contract.





Information Services/Roads-County & State/Subdivisions



Request for approval to rename Cottage Lane to Glen Oaks Drive.



Assessments/Resolutions/Subdivisions



Request for approval and execution of Resolution No. 1993-112 adopting the initial assessment roll for the collection of non-ad valorem assessments in the "Imperial Terrace West Municipal Services Benefit Unit; and set the Public Hearing for August 17, 1993, at 5:00 p.m. or as soon thereafter as possible.



Assessments/Resolutions/Subdivisions



Request for approval and execution of Resolution No. 1993-113 adopting the initial assessment roll for the collection of non-ad valorem assessments in the Greater Groves Municipal Services Benefit Unit; and set the Public Hearing for August 17, 1993, at 5:00 p.m. or as soon thereafter as possible.



Assessments/Resolutions/Subdivisions



Request for approval and execution of Resolution No. 1993-114 adopting the initial assessment roll for the collection of non-ad valorem assessments in the Deer Island Municipal Services Benefit Unit; and set the Public Hearing for August 17, 1993, at 5:00 p.m. or as soon thereafter as possible.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS



COMMUNICATIONS/COUNTY PROPERTY



On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request to have GTE extend telephone service between the Judicial Center, Public Services, and the old Post Office.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the request to execute a contract with SCS Engineers; authorization to encumber and expend funds, in the amount of $274,915.00, for final closure of the Lady Lake Landfill contingent upon availability of funds; and subject to final review by the County Attorney.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Nick Faryna, as a resident of Lake County, to the Land Development Regulations Review Committee.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Hal Turville, as a resident of Lake County, to the Land Development Regulations Review Committee.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)

GRANTS/CORRECTIONS DEPARTMENT

Mr. Pete Wahl, County Manager, presented the request for approval to fund the salary and benefits for the position of Career Development Specialist through the remainder of this Fiscal Year. He explained that the County had been recipient of the Wagner-Peyser Grant to fund said position; however, the grant has been denied for an additional year. He noted that the program was for the purpose of helping to secure employment for inmates upon their release from incarceration. Mr. Jim Miller, representing the Wagner-Peyser Advisory Committee, has requested that the Board consider funding the salary and fringe benefits for seven (7) pay periods through the remainder of the Fiscal Year for said position, and the Wayner-Peyser Advisory Committee will provide a cash supplement in terms of contributions for supplies and operating costs that will be required to support the position.

Mr. Jim Miller, representing the Wagner-Peyser Advisory Committee, appeared before the Board to address this issue.

Commr. Swartz requested that information be provided indicating the number of inmates that have been placed in jobs, and the number that remain employed.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to fund the position of Career Development Specialist from the General Fund for the remainder of this Fiscal Year - July 1, 1993 through September 30, 1993.

MEETINGS

Commr. Hanson made a motion, which was seconded by Commr.

Bailey (for the purpose of discussion), to schedule the Board of County Commissioners' zoning meetings from the current 6:00 p.m. time period to 9:00 a.m.

Discussion occurred regarding an appropriate meeting time for zoning meetings, and a more efficient way of handling the routine cases and those cases that have more public interest. Commr. Gerber expressed her interest in a 2:00 p.m. meeting time. Commr. Bailey stated that he would support moving the meeting time to 9:00 a.m., or leaving the time at the present 6:00 p.m. time period. Commr. Cadwell interjected that the reason for moving the meetings to 6:00 p.m. was for the purpose of opening the meetings to more people, and it would be premature to change the meeting time at this time.

Ms. Jean Kaminski, a resident of Lake County and representing Home Builders Association of Lake County, appeared before the Board and stated that the 6:00 p.m. meeting time has not accomplish what the Board intended, and that taking an occasional day off from work is not a problem for the average taxpayer. She encouraged the Board to return to the 9:00 a.m. meeting time.

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

Commr. Gerber and Commr. Cadwell voted "No".

It was noted that the 9:00 a.m. meeting time would begin with the September 28, 1993 Board of County Commissioners zoning meeting.

Commr. Bailey suggested that the zoning meetings recess at 12:00 a.m. for lunch and reconvene at 1:30 p.m., scheduling the cases that require more time during the afternoon session. Commr. Swartz interjected that public hearings should be held at times convenient to the public.

Commr. Hanson requested that staff contact other counties regarding the manner in which they handle zoning cases, and what Lake County can do to avoid intimidating the general public.

REPORTS

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, provided an update on Greater Orlando Aviation Authority vs. Lake County in regard to the issuance of building permits for radio towers for Guy Cannett. Lake County was successful at the Circuit Court level in regard to the petition for Writ of Certiorari, and the Fifth District Court of Appeals has upheld the Circuit Court decision. The order was issued on July 6, 1993, and the Greater Orlando Aviation Authority has a twenty (20) day period in which to file a motion for rehearing.

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, provided an update on Code Enforcement Board case, Carl Bullard vs. Lake County Code Enforcement Board in regard to Mr. Bullard using his travel trailer as a residence, in addition to having a second travel trailer on his property. The Court denied the petition for Rit of Certiorari, at the Fifth District Court of Appeals, in regard to the use of the travel trailer as a residence; and granted the petition for Rit of Certiorari in regard to storage of two trailers on his property. Mr. Bullard's motion for rehearing has been denied by the Fifth District Court of Appeals.

COMMISSIONERS/MEETINGS

Commr. Bailey brought up for discussion the manner in which workshops and public hearings are conducted by the Board. He stated that the public should be informed of the procedures that are followed during a workshop in regard to action taken on specific issues, and suggested that a policy be adopted that would outline procedures to be followed for workshops and public hearings.

Ms. Annette Star Lustgarten, County Attorney, noted that there are no adopted written rules of procedure, however, explained that, if an issue is on the regular agenda as a times certain workshop for discussion, the Board has the ability to take action during that period of time. If a special workshop is scheduled and is not advertised as a Special Board of County Commissioners' meeting, it would be treated in a workshop setting.

Commr. Swartz suggested that language be added to the disclaimer, located on the front page of the meeting agenda, which would indicate that the Board may take action during workshops that are included on said agenda, and that said language also be included within the agenda where the workshop is listed.

Ms. Jean Kaminski, Home Builder's Association, appeared before the Board and suggested that an announcement be made at the beginning of each workshop that any action taken by the Board is for the purpose of staff direction.

Commr. Swartz stated that, regardless of the position each Commissioner may take on the issues which may be expressed by the audience or the Board, it is essential that the Board stand united in trying to adopt a policy of conducting the workshop.

At this time, direction was given to staff to develop language which will address conduct at public workshops, indicating that workshops are for Board interaction with staff in dealing with complex issues prior to formal adoption in the public hearing process, and it is the policy of the Board to provide public input on specific issues as time permits.

Discussion occurred regarding the feasibility of scheduling staff public meetings, at which time Mr. Pete Wahl, County Manager, noted that staff public meetings would allow staff the opportunity to receive public input on how specific language would impact individual circumstances and situations, which would result in staff providing more appropriate language for the Board's review.

RECESS & REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess, and reconvene at 1:30 p.m. for a workshop on Land Development Regulations.

LAND DEVELOPMENT REGULATIONS WORKSHOP

LAWS & LEGISLATION/STATE AGENCIES/PLANNING & DEVELOPMENT

The Chairman announced that the workshop on the Land Development Regulations (LDRs) this date was for the purpose of reviewing changes at the direction of the Board during the July 13, 1993 LDR workshop.

Ms. Annette Star Lustgarten, County Attorney, provided a summary of the issues pertaining to the Land Development Regulations workshop this date and referred to a memo dated July 16, 1993 regarding Draft Amendments to Land Development Regulations. She noted that additional language has been added to Lot of Record language, on page III-35, which requires aggregation of lots of record up to the land use designation in the Comprehensive Plan. At this time, she reviewed the three (3) options in regard to lots of record, and noted that a third option has been included for discussion and direction in relation to what does and does not have to be aggregated. She noted that the Nonconforming Uses and Development language had been omitted from the document dated July 16, 1993, and directed the Board's attention to a memo date July 9, 1993, Pages III-66 through III-69. She noted that said language permits a nonconforming structure that is destroyed to reconstruct within two (2) years of the date, with the nonconforming use being permitted to continue. She noted that, as the result of a Special Act adopted by the Florida Legislature, the name of the Pollution Control Board has been changed to the Environmental Protection Board, and said change is reflected in Chapter VI and in Chapter XII. She further noted that Page III-46 addresses the Setback requirements and strikes through what is currently addressed in the LDRs; Page III-47 addresses front setbacks for the various zoning districts, and Page III-48 addresses Side and Rear Setback requirements and deals with new development and existing development with conforming lots, and existing development with nonconforming lots for the various zoning districts.

Ms. Lustgarten informed the Board that a review has been made of the Sumter County Vesting Ordinance, which does vest zoning classifications. She noted that the Stipulated Settlement Agreement requires a vested rights ordinance be adopted that implements the amendment to the Comprehensive Plan which requires compliance with the statutory vesting requirement as well as the common law vesting requirement, and the Sumter County Ordinance does not adequately address the necessary requirements.

At this time, the Board reviewed the revised proposed amendments to the Land Development Regulations, as addressed in the document dated July 16, 1993.

Pages III-35, III-36, III-37

Discussion occurred regarding Option I - Paved Roads; Option 2 - No Paved Road with Aggregation of Lots to Zoning District; and Option 3 - No Paved Road with Some Aggregation of Lots of Zoning Districts. Commr. Hanson noted that the issue of paved or unpaved roads should not be the issue at this point, and brought up for discussion the issue of going to a minimum lot size requirement of 12,500 square feet or the zoning district, stating that 12,500 square feet does not always answer all of the questions. She stated that Option 3 would provide more flexibility and would deal with paved vs. non-paved roads, and the minimum lot size requirement of the zoning district or 12,500 square feet, whichever is less. She stated that she supports vesting individually owned lots in a partially built out subdivision, and expressed her concern for the property owners that have not been notified that they will be required to aggregate, the problems that exist with the small subdivisions, and the issue of where liability rest. She further stated that the Department of Community Affairs (DCA) has provided a window with vesting language, and if those partially built out or sold out subdivisions can be vested, a lot of property owners would be helped, and Affordable Housing will be affected in Lake County.

Extensive discussion continued regarding aggregation of lots of record, at which time Commr. Swartz explained that Option 1, Paragraph 1. (b) requires the lot of record to meet the minimum lot size requirement of the land use category on the Future Land Use Plan Map in the March 2, 1993 Comprehensive Plan, and this requirement is keeping the subdivisions from being vested in the manner in which Commr. Hanson has suggested. At this time, Commr. Swartz referred to the vesting language as addressed in the Comprehensive Plan. He noted that the purpose of the Lot of Record Ordinance was to try to insure that infrastructure would be in place. It recognized that individuals who owned individual lots before 1982 would still have the ability to pull a building permit whether infrastructure was in place or not. People who owned contiguous lots were required to aggregate unless that infrastructure was in place.

Commr. Hanson made a motion, which was seconded by Commr. Bailey to approve Policy 3.02.01, Lot of Record, Option 3 - No Paved Road with Some Aggregation of Lots to Zoning District.

Commr. Swartz noted that Option 3 removes the road requirement and allows to aggregate if it meets the minimum lot size requirement of the zoning district or 12,500 square feet, whichever is less.

At this time, the Chairman announced that the time had arrived for public comment on the lot of record issue.

Mr. Jay VanderMeer, Real Estate Broker, appeared before the Board and stated that any parcel that has been granted rights as to density and size should be vested, and any lot of record should be vested as of the effective date of the C/omprehensive Plan.

Mr. Frank Cash, Real Estate Broker, appeared before the Board to address the issue of aggregation and stated that property owners were promised, if they had five acres of property or they subdivided their burned out groves into five acre parcels along county maintained roads, whether they be dirt or paved, those lots would be eligible for a building permit. He stated that, if lots are to be aggregated beyond the zoning district, or the former zoning district, as outlined in the former Comprehensive Plan, the County would be putting a financial discrimination factor into the development of Lake County far beyond the comprehension and ability of most young families and people.

Mr. Richard Langley, Attorney, representing several taxpayers, appeared before the Board to address the issue of lot of record and stated that the Fifth Amendment of the Constitution states that no property will be taken without just compensation, and the Board, as a governing body, does not have the authority to take away an individual's property rights. He referred to Diagram No. 1, titled Rural Land Use-Agricultural Zoning, which had been distributed in a handout prior to the meeting this date, illustrating six lots created on an unimproved, unmaintained County dedicated right-of-way. He noted that only one lot out of the six is buildable and questioned the justification in said diagram. He brought up for discussion language in Option 3, Paragraph 1 (b), which states that a lot of record will be issued a building permit if the lot of record meets the minimum lot size requirement of the land use category on the Future Land Use Plan Map in the March 2, 1993 Comprehensive Plan. He stated that, as a taxpayer, he does not want to pay litigation, interest, and land costs that will occur if the Board does not adhere to the Constitution of the United States.

Commr. Bailey suggested that the Land Development Regulations be broadened to add flexibility, and then amend the Comprehensive Plan accordingly. Ms. Lustgarten responded that the process is to adopt Land Development Regulations that are consistent with the Comprehensive Plan. The Board may wish to amend the Comprehensive Plan through the amendment process, at which time LDRs consistent with said amendments are then adopted.

Ms. Debbie Stivender, a local resident, appeared before the Board and distributed a letter, for the Board's review, regarding the vesting issue. She referred to Diagram No,. 1 and noted that the properties average approximately one acre in size and were platted prior to 1971, which indicates that said diagram was a platted subdivision; therefore, the date that the lots were sold is not an issue because they are grandfathered in and should be vested.

Mr. Greg Stubbs, One Stop Permitting Center Coordinator/Director Development Regulations Services, referred to Diagram No. 1 and explained that lots D, E, and F would be buildable under Option 3 because they were sold prior to March 2, 1993.

Mr. Steve Richey, Attorney, appeared before the Board and referred to Diagram No. 5, stating that the lots of record language needs to be expanded to include those lots from 1959 to 1982, which are Metes and Bounds description lots that have not been addressed. He requested that the Board approach the issues with an eye towards trying to help the people, and to preserve their property rights.

Mr. John Shegas, a local resident, appeared before the Board to address lots that he owns, some of which were bought together and some were bought individually. He explained that the lots that were bought together were buildable lots, and did not require to be aggregated as of the 1982 law, as they were large enough to meet zoning requirements. He has sold three lots and only one house will be allowed to be built; however, said lots were legal, buildable lots at the time they were purchased.

Ms. Cecelia Bonifay, Attorney, representing a number of clients, appeared before the Board and stated that, during the adoption of the Comprehensive Plan, it was questioned why Lake County was the only county including specific language in the vested rights section of the Comprehensive Plan that dealt with aggregation of lots of record, when the only requirement, per Florida law, was to deal with statutory vesting and common law vesting. She suggested that, if it requires that only lots of record be aggregated, change the definition of a lot of record.

Ms. Marion McKinney, a local resident, appeared before the Board and referred to a letter she received from Senator Johnson's office in regard to information the Senator received from Mr. Timothy Cannon, Department of Community Affairs (DCA). Mr. Cannon stated that DCA is not involved with the issue of vesting, and they have discouraged counties from including vesting in their Comprehensive Plan. She stated that she has been informed by DCA that, if any legal action was to be taken, it would need to be against the Board of County Commissioners.

Ms. Rebecca Jetton, Department of Community Affairs, Green Swamp Area of Critical State Concern Division, appeared before the Board and stated that the Board is doing their best to draft language in the Land Development Regulations which implements the Comprehensive Plan that has been negotiated with DCA. She stated that she has requested a legal opinion from the legal section of DCA regarding the Lake County Comprehensive Plan policies and has not received a response at this time; however, she will notify the Board as soon as a response is received. She noted that DCA has always exempted lots of record, particularly ones that have been finalized in Official Record (OR) books.

Ms. Julia Faye Rogers, a Real Estate Broker, appeared before the Board and distributed a letter, for the Board's review, dated July 20, 1993, which addresses vested rights.

Mr. Fred Watkins, a local resident, appeared before the Board and stated that he invested in Florida over twenty (20) years ago and requested that the Board not penalize those residents that have already invested in Florida.

Commr. Swartz stated that language in Option 3 requires lots of record to meet the minimum lot size requirement of the zoning district or 12,500 square fee, whichever is less, and deals with removing the requirement for any road improvement, which was one of the central segments of the Lot of Record Ordinance, and designed to create a financial advantage for property owners, who own multiple lots within old platted subdivisions, to pave the roads. He stated that he would support Commr. Hanson's motion in terms of changing the requirement to meet the minimum lot size requirement of the zoning district or 12,500 square fee, whichever is less; however, he requested that Commr. Hanson revise the road requirement in her motion. He stated that, if the road requirement is removed, those individuals who own or should choose to purchase the old plats would not have any requirement to put in paved roads.

At this time, a motion was made by Commr. Hanson, which was seconded by Commr. Bailey and carried unanimously, to substitute the previous motion and approve Policy 3.02.01, Lot of Record, Option 1 - Paved Road, deleting Paragraph 1. (c.) and inserting language from Option 3, Paragraph 1. (c): Meets the minimum lot size requirement of the zoning district or 12,500 square feet, whichever if less.

RECESS & REASSEMBLY

At 3:40 p.m., the Chairman announced that the Board would take a ten minute recess and reconvene at 3:50 p.m.

LAND DEVELOPMENT REGULATIONS WORKSHOP (CONTINUED)

LAWS & LEGISLATION/STATE AGENCIES/PLANNING & DEVELOPMENT

Commr. Swartz stated that he reviewed language in the Comprehensive Plan, during the recess, which addresses exiting lot exception that requires lot of record, which were established before March 2, 1993. The lot of record language in the LDRs uses a 1982 date, which is based on the old 1982 date referenced in the old Lot of Record Ordinance. At this time, Commr. Swartz pointed out that Aggregation of Lots, Option 1 - Paved Road, Paragraph 1. (a) and (b), page III-39, references a 1982 Lake County Tax Roll, and suggested that said dates in Option 1 be changed to reflect the 1993 Lake County Tax Roll, which would be consistent with the Comprehensive Plan, and would allow any lot that meets the lot of record definition, and existed as of the 1993 Lake County Tax Roll date, would be vested; however, multiply lots that existed as of said date would require aggregation.

Mr. VanderMeer reappeared before the Board and commended the Board for their accomplishments and suggested that they give consideration to using a March 2, 1993 date, which is the date that the Lake County Comprehensive Plan was approved.

It was the consensus of the Board to use the March 2, 1993 date in Option I - Paved Roads.

Mr. Shegas reappeared before the Board and distributed three (3) photos, noting that the photo marked (A) was a photo of a development established by a private developer, who was required to develop the lots and pave the road because he purchased more than 50% of the lots. He noted that the two photos marked "B" are homes on a non-maintained dirt road, who have signed for the paving petition. He stated that, from his personal experience working on paving assessments, it is difficult to get individuals, who own lots with no houses, to respond to a request for paving roads. At this time, he suggested that the Board amend the date to a future date, noting that lots have been sold since March 2, 1993.

Commr. Swartz stated that within the suburban land use category, and possibly within the rural land use category, there are land uses on the ground that have been developing, and because of the lines drawn on the Future Land Use Plan Map, it may be difficult to get any expansion of an urban expansion use into a suburban or rural category. There are areas within the County that are designated as suburban, urban, or urban expansion in which there is nothing on the ground, and density is being dedicated that can not be used. He stated that it makes sense to reallocated some of that density into areas where there are development patterns.

Ms. McKinney reappeared before the Board and stated that she supports the March 2, 1993 date, and requested further clarification in regard to the proposed aggregation language.

Mr. Langley reappeared before the Board and stated that the lot of record definition is very restrictive and suggested that said definition be redefined. It was noted that he would present suggested language in regard to the lot of record definition for the Board's review prior to the next meeting.

Ms. Sony Pilkington, a resident of Fruitland Park, appeared before the Board and expressed her concern that aggregation without notice is a discriminatory practice. She encouraged the Board to educate the public, consider a January 1994 tax roll date, and strive to give property owners the most lenient property rights possible.

Commr. Hanson made a motion, which was seconded by Commr. Bailey (for purposes of discussion) to change language under Aggregation of Lots, Option 1 - Paved Roads, Paragraph 1 (a) and (b) to reflect a 1994 Lake County Tax Roll date in place of the 1982 date.

Ms. Lustgarten informed the Board of the constraint in the Comprehensive Plan that requires creation of the lot of record and common ownership on or before March 2, 1993.

Commr. Swartz stated that the date alluded to above is inconsistent with the Comprehensive Plan, and he cannot support said motion.

At this time, Commr. Hanson withdrew her motion and Commr. Bailey withdrew his second to the motion.

Commr. Hanson requested that the Board consider a Comprehensive Plan Amendment that would allow the Board to use the 1994 Lake County Tax Roll in regard to common ownership as addressed in Aggregation of Lots, Option 1 - Paved Roads, to which Commr. Bailey concurred.

Ms. Susie Bergman, a local resident, appeared before the Board and questioned if there would be language in the Land Development Regulations, or the Comprehensive Plan, outlining criteria in regard to the vested rights determination.

Commr. Swartz directed staff to develop language in the Land Development Regulations which outlines criteria required in making a vested rights determination. Commr. Hanson requested that staff also include language regarding partially developed and sold subdivisions.

Mr. Richey reappeared before the Board to address the issue of aggregation, and suggested that the March 2, 1993 date be a timetable to allow a window of opportunity for those property owners who may wish to divest themselves of multiple owned lots or other things. He stated that it is the discretion of the Board to fashion a vested rights ordinance, a lot of record ordinance, and an aggregation rule that would give people a window of opportunity and notice as was done in the Wekiva River Protection Area.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Aggregation of Lots, Option 1 - Paved Road (Page III-39); reflecting a March 2, 1993 date in Paragraph 1. (a), (b), and (c); and inserting the following language in Paragraph 1. (a): Meets the minimum lot size requirement of the zoning district or 12,500 square feet, whichever is less.

Discussion occurred regarding the March 2, 1993 date and changing said date to a date in the future to allow public notice to be given in regarding to the vested rights issue. Mr. Hoban responded that the Comprehensive Plan may be amended to change said date.

Mr. Tom Grizzard, Real Estate Broker, appeared before the Board and stated that it had been noted that it was not necessary to amend the Comprehensive Plan if the March 2, 1993 date was used as a recognition date, and requested that the County Attorney provide an opinion as to the need for an amendment to the Comprehensive Plan to accomplish that extension, if said date was used as date of notification. Ms. Lustgarten responded that the Comprehensive Plan sets the March 2, 1993 date as the cutoff date for a lot of record to have been created, and single lots of record must be established on or before March 2, 1993. She stated that in order to change that cutoff date, an amendment to the Comprehensive Plan would have to be accomplished.

Page I-6

Clarification was requested to language in Policy 1.02.16 - Mobile Homes - Chapter 7 (Wekiva) in regard to double wide mobile homes.

Page I-7

It was noted that language in Policy 1.02.18 - Other Projects in regard to vested rights would be expanded.

Page I-8 - Page I- 23

Ms. Kaminski reappeared before the Board and noted that a definition for "intensity" has been omitted from the LDRs, and requested that said definition be inserted.

Mr. Richey reappeared before the Board and requested clarification as to why prior language in the LDRs was being changed to the language before the Board this date. He stated that the options available before the Board today are tied to a new definition of construction plans, which have sunsets and timetables. He suggested that the Board go back to the simply view of what was in the old vested ordinance, and provide a timetable which will simplify having to decide on all of the options outlined before the Board.

Discussion occurred regarding Policy 1.02.24 - Preliminary Plat - Except Chapter 7 (Wekiva).

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to eliminate Option I and Option 3 from Policy 1.02.24 and Policy 1.02.26; approve Option 2 -Affect of Application for Federal, State, or Regional Agency Permits; and review original language, insert dates, and determine if it is consistent with the Comprehensive Plan.

Page II-43

There were no objections to the proposed changes.

Page III-44

Mr. Hoban informed the Board that staff would be working on the definition of a non-conforming lot, which will address a lot which does not meet the lot size requirement to the zoning district, or lots which are below a certain width established by the code.

It was the consensus of the Board to incorporate into Policy 3.02.05 - Setbacks the proposed new setback requirement language.

Page III-68 - III-71 (July 12, 1993 Draft Amendments)

Ms. Lustgarten explained that the proposed language on Pages III-68 through III-71 permits a nonconforming structure that is destroyed to reconstruct within two (2) years of the date, with the non-conforming use being permitted to continue.

It was the consensus of the Board to incorporate proposed language on pages III-68 through III-71 regarding nonconforming uses and development.

Page VI-34 - VI-60

Ms. Lustgarten explained that proposed language in Chapter VI changes the Pollution Control Board to the Environmental Management Board based on a Special Act of the Florida Legislature.

There were no objections to the proposed changes.

Page VI-65 - V-68

There were no objections to the proposed changes.

Page XII-1; Page XII-2; Page XII-3

There were no objections to the proposed changes.

Page XII-10 - XII-22

It was noted that Environmental Protection Board was inconsistent with Environmental Management Board, as addressed on Pages VI-34 through VI-60. It was noted that all language would be made consistent with Environmental Protection Board and Environmental Protection Officer.

It was the consensus of the Board to include the proposed language on Page XII-19 - XII-20 to Policy 12.04.09 - Violation of Environmental Protection Board.

Page XII-30 - XII-32

There were no objections to the proposed changes.

Page XIII-2 - XIII-7

It was noted that Environmental Management Board would be changed to Environmental Protection Board.

Page XIV-106

There were no objections to the proposed changes.

Page XIV-107

Ms. Lustgarten noted that Policy 14.16.04 - Action by County Manager or Designee has been changed to indicate that within six (6) months after a completed vested rights for consistency application is submitted, the County Manager or designee shall mail a vested rights certificate or a written decision denying the vested rights application to the applicant.

Commr. Hanson expressed concern that six (6) months was too long to wait for a decision, at which time Mr. Wahl stated that staff would review the time period.

Ms. Lustgarten informed the Board that staff has review Chapter 3 regarding the location of incinerators, and stated that, at this time, incinerators are included in the definition of major utilities. In order to identify incinerators and treat them with more attention, staff has prepared a draft which identifies incinerators on the list of "uses" to be permitted in Planned Commercial (CP) or Planned Industrial (MP). She noted that landfills have also been addressed in the same manner.

It was the consensus of the Board to include the language alluded to above by Ms. Lustgarten.

Ms. Lustgarten noted that the next Land Development Regulations meeting would be a public hearing, tentatively scheduled for August 24, 1993, and will require appropriate advertizing. It was also noted that a few minor changes would be presented at the August 2, 1993 Board of County Commissioners meeting.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved authorization to advertize a public hearing on the Land Development Regulations amendments, with the date to be determined at a later time.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:05 p.m.



_________________________________

G. Richard Swartz, Jr., Chairman



ATTEST:







______________________________

James C. Watkins, Clerk









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