A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 21, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, December 21, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr. (Commr. Swartz was not present for the afternoon session); Rhonda H. Gerber; and Don Bailey. Others present were: Timothy Hoban, Senior Assistant County Attorney (Mr. Hoban was not present for the afternoon session); Frank T. Gaylord, Interim County Attorney (Mr. Gaylord was present for the afternoon session only); Peter F. Wahl, County Manager; Sue Michaelsen, Secretary, Board of County Commissioners Office; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.

Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.

MINUTES

Regarding the Minutes of September 28, 1993 (Regular Meeting),

clarification was made to the misspelling of a word, and the following changes were requested:

Page 6, Line 26 - insert Wekiva before Protection Area.

Page 47, Line 27 - delete "void" and insert need.



On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 28, 1993 (Regular Meeting), as amended.

Regarding the Minutes of November 23, 1993 (Regular Meeting), clarification was made to the misspelling of a word, and the following change was requested by the Senior Assistant County Attorney:

Page 16, Line 32 - change "upon" to beyond and delete "on the property line that does not meet setbacks.



On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 23, 1993 (Regular Meeting), as amended.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed/Assessments/Subdivisions

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



Harbor Shores



Billy H. & Charlene M. May $837.04



Woodland Hills Subdivision



James S. & Cynthia Hardee $360.94

Bobby F. Howell & Christine P. Howell $364.26



Astor Forest Campsites



Mid Florida Homes, Inc. $1,816.22

Arthur P. & Joyce D. Eunice $626.49

Arthur P. & Joyce D. Eunice $1,306.28

Arthur P. & Joyce D. Eunice $897.50



Haines Creek Heights



Edward H. & Louise McDonald $1,086.41

Mark Daigneau $1,586.56

Benny L. & Vicki E. Tyre $1,140.16

Donna L. Schultz $698.05



Mount Plymouth Subdivision



Mary E. Mackey $1,407.00



Ocala Forest Campsites No. 4



William B. and Betty French $917.20

Vernon E. & Marjorie A. Steinheimer $797.90



Crescent Cove



John Q. Ausley & Mary Annette Ausley $549.83



Sorrento Village



S. & K. Realty - Subject to an $2,328.09

Agreement for Deed in favor of

Ernest E. & Ida N. Oglesby.



Accounts Allowed/Courts-Judges/Code Enforcement



Request for approval of Satisfaction and Release of Fine, Minneola Oaks Condo, Code Enforcement Fine No. 001-7-351100-19090100, in the amount of $1,000.00, and authorized proper signature on same.



ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

PROPERTY APPRAISER

Mr. Ed Havill, Property Appraiser, appeared before the Board to present a request for payment of attorney fees in regard to the Scripps-Howard (dba Lake County Cablevision) vs. Havill litigation. He reviewed the history and issues pertaining to said litigation and stated that the Property Appraiser's office performed an unit appraisal of the Scripps-Howard Cable Television System in Lake County, as a system, and Scripps-Howard has requested that each piece be priced and depreciated individually. He explained that there was a $10,000,000.00 difference between the Property Appraiser's assessment and Scripps-Howard's assessment for each year in question and each year into the future. Scripps-Howard has stated that their tangible personal property was valued at $10,000,000.00, and the Property Appraiser's office estimates that said property is valued at $20,000,000.00.

Mr. Havill further explained that Scripps-Howard has stated that there was an agreement between the Lake County Property Appraiser and Scripps-Howard, dated 1976, indicating that the Lake County Property Appraiser would assess Scripps-Howard at $100 per customer at that time and into the future. He explained the circumstances of said agreement and indicated that there was question that said agreement existed.

Mr. Havill stated that the costs, which have been expended, and the costs associated with depositions, should be levied against Scripps-Howard and paid back to the Board of County Commissioners if the County wins this case. At this time, Mr. Havill distributed a list of the costs to-date for attorneys' fees since 1990, and indicated that the total costs to-date were approximately $75,000.00, and additional invoices were expected. The case is expected to be appealed to the appellate court, and said costs will be approximate $85,000.00, plus remaining invoices. The Board of County Commissioners will receive $27,000.00 if the case is successful.

Mr. Havill stated that the under reporting of Scripps-Howard's tangible personal property in Lake County between 1989 and 1992 amount to a total of $926,828.38 in lost tax revenue to the Lake County Taxing Authorities. The Lake County Board of County Commissioners' share of said tax revenue was, in the amount of approximately one-third of the total, or approximately $309,000.00. Lake County will recoup all of the expenses involved in said litigation in one to two years if this litigation was won.

Commr. Swartz stated that the Board has the responsibility to pay the legal bills that the County committed at the time the Board initially authorized the Property Appraiser to hire an attorney and go forward with this case. He suggested that consideration be given to contacting other taxing districts for the purpose of sharing in the expenses involved with litigations such as the one before the Board this date.

On a motion Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved authorization for staff to pay bills in regard to the Scripps-Howard vs. Havill litigation that have been submitted by the Property Appraiser, and his attorney, as fair and correct, subject to review and approval by the County Attorney's office; expedite payment of outstanding bills; to authorize County staff and the Property Appraiser to contact and request the support of other taxing entities; authorization to transfer monies from contingency to cover costs; and authorization for the following budget transfer:

Fund: General

Department: Property Appraiser

From: Contingency $23,304.00

To: Operating Expenses $23,304.00

Transfer #: 94-0045



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION

Mr. Cecil Shumaker, President of Sunrise A.R.C. of Lake County, Inc., appeared before the Board and stated that Sunrise A.R.C. was requesting the use of the Grand Island fire station for the next five (5) years to provide early intervention and day service programs for developmentally disabled children from age one (1) to three (3) years old. He explained that they are currently housed at the old World War II buildings across from Lake Sumter Community College, and would like to relocate all of their facilities away from said location. At this time, the Executive Director of Sunrise A.R.C., Board members and parents of the children in the program were recognized in the audience.

Commr. Swartz noted that the lease contains a provision for a one (1) year notification to Sunrise A.R.C. should the County require vacating the Grand Island fire station. He stated that there have been requests from veterans organizations in the past to utilize County facilities and requested that staff review said requests.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute an Agreement between Lake County and Sunrise A.R.C. of Lake County, Inc., relating to the lease of Fire Station No. 52, at Grand Island; and authorization for staff to review all previous requests that have been received from organizations regarding leasing of County property.

PUBLIC HEARINGS

ORDINANCES/PLANNING & DEVELOPMENT

Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to present the adoption hearing of the Second 1993 Calendar Year Amendment. He stated that the Board transmitted five (5) Comprehensive Plan Amendments to the Department of Community Affairs (DCA), on December 14, 1993, which consisted of three (3) map amendments around the City of Eustis, an amendment to allow retro uses in Employment Centers, and an amendment to allow a variance process to aggregation of Lots of Record. He stated that DCA has no objection to the three map amendments around the City of Eustis, at which time he indicated the inclusion of said amendments on the Future Land Use Plan Map, dated December 21, 1993.

Mr. Knight referred to Page I-8, of the Draft Document, dated December 16, 1993, and noted that language had been added to allowed commercial uses in Employment Centers provided those uses are compatible with other uses; and the maximum building height of fifty (50') feet had been deleted. He stated that DCA has requested additional criteria in regard to what would be a compatible commercial use in Employment Centers, and reviewed language pertaining to all commercial uses and the minimum criteria required for Retail Trade, Finance/Insurance/Real Estate, and Services.

Mr. Knight referred to Page I-12, and noted that language had been added to the land uses permitted within the Employment Center land use category, to include commercial uses compatible with the above noted uses.

Mr. Knight referred to Page I-53 and noted that DCA objected to the allowance for the variance aggregated process for the Lots of Record and has requested minimum standards for a variance process to insure protection of the environment, and that adequate infrastructure was available. He explained that language had been added to address Lots of Record located in a platted and unplatted subdivision, at which time discussion occurred regarding said language.

Commr. Swartz suggested that when a request was receive in an unplatted or platted unrecorded subdivision, staff make a determination whether all or part of an old unrecorded plat meets the requirements for a variance, to allow anyone within the identified area that meets said requirements for a variance the ability to get the necessary permits.

Commr. Hanson stated that this does apply for some platted subdivisions and recorded subdivisions and not just limited to the cases noted in said language. She expressed her real concern that this be set up administratively so that each individual is not required to go through the variance process. She explained that the intent of the variance was to help the individual, who has a small number of lots, from having to aggregate when said individual was on a dirt road in a recorded platted subdivision, and the propose language does not accomplish said intent.

Mr. Tim Hoban, Assistant County Attorney, clarified that a publicly maintained road also means a clay county maintained road, and said language gives the residents in a rural and suburban classification, future land use categories with low density, the right to pave the road and have the higher density. Presently, in a rural classification, aggregation is required, and the proposed language gives exception to said requirement.

Mr. Knight distributed a draft ordinance amending the Lake County Comprehensive Plan, and suggested that the three (3) amendments be adopted separately as individual amendments.

Ms. Cecelia Bonifay, Attorney, representing a number of clients who would be affected by the proposed Comprehensive Plan Amendments, appeared before the Board and stated that her clients are in support of adding the commercial uses into the Employment Center. She noted, for the record, that it was the contention of many that this language had been in the Comprehensive Plan from the beginning and, at some point in time, had been inadvertently eliminated. She referred to Page I-56, of the Data, Inventory and Analysis, that was incorporated as part of the Comprehensive Plan in July 1991, which addresses accessory commercial activity, and expressed her concern that the proposed language does not provide for the sale of products manufactured at the Employment Center and does not provide internal retail and service needs for the employees. She explained that the language only addresses the retail trade needs of the individuals that are located in the center. She requested that the Board review language in the original Comprehensive Plan that addresses accessory commercial activities, which would be limited to the sale of the merchandise produced, manufactured, or distributed.

Commr. Swartz responded that the concerns alluded to above are addressed in language on Page I-8, Retail Trade, and in language on Page I-12, Employment Centers, (c) wholesale.

Ms. Bonifay suggested that the Board clarify the intent by including additional language that would address the types of wholesale trade and would include wholesale trade for the products that are manufactured in the Employment Center.

Ms. Bonifay stated that the vested rights provision was a good compromise from the original language, which allowed for no variances or exceptions, and provides flexibility through the suggested administrative process whereby staff identifies the subdivisions that meet the required variances.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the Second Calendar Year Lake County Comprehensive Plan Amendment to allow commercial uses in Employment Centers.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the Second Calendar Year Lake County Comprehensive Plan Amendment to allow for the variance process for the Lots of Record.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Second Calendar Year Lake County Comprehensive Plan Future Land Use Plan Map.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Ordinance No. 1993-20, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO CHAPTER I, FUTURE LAND USE ELEMENT, THE GOALS, OBJECTIVES AND POLICIES CONCERNING COMMERCIAL USE IN EMPLOYMENT CENTERS AND LOTS OF RECORD; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.





RESOLUTIONS/FIRE PROTECTION/SUBDIVISIONS/SOLID WASTE

It was noted that the public hearing on the adoption of resolutions providing notice of the intent to use the uniform ad valorem method of collection of a non-ad Valorem assessment would be continued until the afternoon session.

It was noted that no one present in the audience wished to address this issue.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to continue the Public Hearing on the request for adoption of resolutions providing notice of the intent to use the uniform ad valorem method of collection of a non-ad valorem assessment for MSTU on Fire; MSBU on Solid Waste; MSBU on Village Green; MSBU on Silver Lake Forest; MSBU on Greater Groves; and MSBU on Greater Pines to an appropriate time toward the end of the agenda this date.

ROAD CLOSINGS

PETITION NO. 737 - Jo Leen & Gary Cooper - Leesburg Area

Mr. Jim Stivender, Executive Director of Public Services, appeared before the Board to present Road Vacation Petition No. 738, by Jo Leen and Gary Cooper, to vacate easements, Unrecorded Plat of Higley, and noted that this request had been postponed previously in order to provide clarification on the access of the property to the north. He explained that there was one-half (1/2) of an easement remaining to be closed, and the applicants are requesting the closing of the east/west easements at this time.

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

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

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 737 by Jo Leen and Gary Cooper to vacate easements, Unrecorded Plat of Higley, Umatilla area, Commissioner District 5, as advertised.

PETITION NO. 742 - Ruth H. Dean - Altoona Area

Mr. Jim Stivender, Executive Director of Public Services, presented Road Vacation Petition No. 742 by Ruth H. Dean to vacate road.

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

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

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved Road Vacation Petition No. 742 by Ruth H. Dean to vacate road, Altoona area, Commissioner District No. 5, as advertised.

PETITION NO. 743 - Ward J. Griner - Mount Dora Area

Mr. Jim Stivender, Director of Public Services, presented this request to the Board.

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

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

Commr. Hanson declared that she had been involved with the land sale to the applicant, and that she was in support of this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved Road Vacation Petition No. 743 by Ward J. Griner to vacate roads, Mount Dora area, Commissioner District No. 4, as advertised.

The motion carried by a 4 - 0 vote. Commr. Cadwell was not present for the discussion or vote.

PETITION NO. 744 - Michael A. Croak - Eustis Area

Mr. Jim Stivender, Director of Public Services, presented Road Vacation No. 744 by Michael A. Croak to vacate road, Clear Lake Estates, and noted that he had previously expressed concern with obtaining historical background on the closing of access to lakes. He stated that a petition has been received in support of this request with signatures of property owners that live along the lake shore and along the lake close to the area in question. He stated that the property owners within one-hundred and fifty (150)' feet of the closing have been notified of said closing.

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

Mr. Michael Croak, the applicant, appeared before the Board and stated that Clear Lake Estates consists of two (2) units. The bulk of the lots were platted in the first unit, and the road in question was located in the second unit. He stated that he is one of thirty-three lot owners who have signed the petition to vacate said road. There will be a recorded agreement that will give every lot owner in both units of Clear Lake Estates a fractional share of the fifty (50') feet, with cross easements, so that the original intent of the subdivision is not negated. At this time, Mr. Croak distributed a tax assessor's map illustrating the access to the road in question.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 744 by Michael A. Croak to vacate road, Clear Lake Estates; subject to the execution and recording of documents that provide the cross easement ownership by the property owners of Clear Lake Estates, Eustis area, Commissioner District 4, as advertised.

RECESS AND REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:25 p.m.

ZONING

Ms. Sharon Farrell, Planner II, Office of Development Regulation Services, appeared before the Board and stated that Case No. CUP#93/11/1-2, Howard and Joyce McRoberts, a request for CUP (Conditional Use Permit) in A (Agricultural) had been withdrawn.

It was noted that no one present in the audience wished to address this request with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to withdraw Petition No. CUP#93/11/1-2, Howard and Joyce McRoberts, a request for CUP in A (Agricultural).

Ms. Farrell stated that a request had been received for a thirty (30) day continuance, until January 25, 1993, for Petition No. #79-93-4, Martine D. Getford, and Petition No. 74-93-2 Chester J. Karst/Clear Creek.

It was noted that no one present in the audience wished to address these requests with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone Petition No. 79-93-4, Martine D. Getford, a request for rezoning from A (Agricultural) to CFD (Community Facility District) for thirty (30) days.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Petition No. 74-93-2, Chester J. Karst/Clear Creek, a request for rezoning from A (Agricultural) to R-6 (Urban Residential); and variances to the Lake County Land Development Regulations for thirty (30) days.

PETITION NO. CUP#93/5/1-5 SIX MONTH REVIEW ROBERT W. MAXWELL

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and explained that this request was a six (6) month review of the Conditional Use Permit, which was approved by the Board on June 22, 1993, as conditioned and amended, to permit the operation of a mud-run amusement facility twice a month, subject to a six (6) month review by the Board. There have been no complaints on file with Code Enforcement to-date.

Mr. John Weatherford, Attorney, representing the applicant, appeared before the Board to address this request.

At this time, the oath was administered by the Deputy Clerk to Ms. Sharon Farrell, Planner II, Planning and Development Services; Mr. Mark Knight, Chief Planner, Planning and Development Services; Mr. Paul Bergmann, Senior Director, Department of Planning & Development Services; Mr. Jim Stivender, Director of Public Services; and Ms. Lori Webb-Paris, Engineer III, Public Services.

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

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the six (6) month review of approved Conditional Use Permit, to ensure compliance for Petition No. CUP#94-5/1-5 to permit the operation of a mud-run amusement facility twice a month.

PETITION #93/11/4-5 CUP IN A ROBERT L. MCCAIN

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that the primary use of the site shall be limited to an existing mobile home to be occupied by a caretaker of the property; and the second new permanent mobile home will be occupied solely by the owner and his family. She noted that the Public Services Department was recommending that the applicant dedicate additional right-of-way to provide for thirty-three (33') feet from the center line of Hawkins Road (#5-8180).

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

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

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for CUP in A (Agricultural), as conditioned, to utilize an existing mobile home for a caretaker's residence for nursery/greenhouse business and to add mobile home for permanent residence.

PETITION NO. 76-93-4 R-1 TO R-2 ROBERT & JUDY MARTIN

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board, and distributed a copy of a map illustrating the parcel in question. She noted that a letter had been received from the City of Eustis addressing their concerns in regard to location, lot size, water and sewer.

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

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

Ms. Farrell confirmed that the lot split will result in lots that are consistent with the surrounding area.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1 (Rural Residential) to R-2 (Estate Residential), to split the parcel into two (2) residential homesites.

PETITION NO. 81-93-4 R-1 TO R-2 RONNIE J. KNIGHT

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that Public Services has requested that the applicant dedicate additional right-of-way to provide for forty (40') feet from the center line of Old Eustis Road. She stated that a letter had been received from the City of Eustis addressing their concerns.

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

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

At this time, the Board reviewed a proposed plot plan of the parcel in question, which was provided by staff.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1 (Rural Residential) to R-2 (Estate Residential), to subdivide the parcel into two (2) residential tracts.

PETITION NO. 80-93-5 R-1 TO RP, R-10, OR R-6

ROBERT THORNBURG

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that staff and the Planning and Zoning Commission are recommending rezoning to R-6 (Urban Residential), which will be in conformance with the Future Land Use Plan Designation. The Department of Public Services has requested that the applicant dedicate an additional right-of-way to provide for thirty-three (33') feet from the center line of Ohio Boulevard (#4-5568). She stated that a letter has been received from the City of Eustis addressing their concerns.

Commr. Cadwell noted that this request was in District No. 4 and not in District No. 5, as indicated.

Ms. Farrell distributed, for the record, a copy of a proposed Developer's Agreement (County Exhibit 1) between Lake County and Robert E. Thornburg relating to the issuance of building permits before final minor lot split approval. She explained that the applicant was requesting consideration of said Developer's Agreement so that he could proceed with the lot split and with pulling building permits for the proposed rezoning parcel.

Mr. Tim Hoban, Senior Assistant County Attorney, requested that the above mentioned Developer's Agreement be subject to final review and approval by the County Attorney's office if the Board approves said agreement.

Mr. Pete Wahl, County Manager, explained that the purpose of the Developer's Agreement was to allow the applicant the ability to pull permits prior to the implementation of the Wind Load Standards that go into effect on January 3, 1993.

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

Ms. Bonnie Roof, representing the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Roof explained that the applicant purchased the property in question in 1970, at which time he divided an old plat into lots. The parcel in question was the last of those lots. Ms. Roof distributed, for the record, a copy of the site plan illustrating the lots in question (Applicant's Exhibit A). She stated that the applicant was requesting rezoning to R-6 (Urban Residential) for the purpose of creating two single family residences, which would be consistent with the surrounding area. She explained that the contractor has completed the plans, the permit is ready to be pulled, survey's and soil testing have been completed, and the applicant was requesting to be allowed to pull the necessary permits under the rules as they stand this date.

It was noted that the Technical Review Committee (TRC) meetings scheduled for December 23 and December 30, 1993 were canceled due to there being no cases on file that needed to be brought before the TRC.

Commr. Cadwell noted that this request was to circumvent the Wind Load Standards, to which Ms. Roof stated that the new rules will require that plans be certified by an architect or engineer, which will require an additional expense to the developer, if said costs have not been incorporated into the agreements with customers.

Commr. Bailey stated that he would support this request if he could be convinced that this request was due to the canceled Technical Review Committee (TRC); however, he was not convinced that the process was on schedule to be heard at the TRC meeting.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1 (Rural Residential) to R-6 (Urban Residential), to create two (2) lots for two single-family residences.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the request for a Developer's Agreement between Lake County and Robert E. Thornburg until additional information can be provided by staff in regard to the permitting process.

PETITION NO. 78-93-3 A TO CFD SOUTHERN STATE UTILITIES, INC.

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that the request for rezoning from A (Agricultural to CFD (Community Facility District) was for the replacement of a utility facility and storage tank in the Venetian Village Subdivision. There was an existing tank on the site; however, the new tank cannot be position in the same manner. A permit was issued as an emergency measure so that the residents can remain on line with water. She stated that the applicant will be required to submit a formal landscape plan through the Technical Review Committee, and a landscape buffer will be required to form a continuous visual screen.

It was noted that the applicant was not present in the audience.

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

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to CFD (Community Facility District), as conditioned, for replacement of a utility facility and storage tank.

PETITION NO. CUP#93/11/2-2 CUP IN A WILLIAM H. CROSS

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that staff recommends approval subject to appropriate operating standards, setbacks and land uses. She stated that the Environmental Management Division Technical Staff Report has been made part of the CUP (Conditional Use Permit).

Discussion occurred regarding the required setbacks in accordance with the A (Agricultural) zoning district, at which time Mr. Tim Hoban, Senior Assistant County Attorney, stated that the required setback for agricultural zoning was two hundred (200') feet from the property line.

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

Mr. William H. Cross, the applicant, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Cross stated that the nearest residence was approximately fifteen hundred (1,500') feet on Honeycutt Road, directly at the end of the right-of-way, and was the only residence on Honeycutt Road for approximately four (4) miles. He explained that the number of hogs will not exceed sixty (60) hogs per acre, which was the standard agricultural practice. There will be (4) separate feed lots, with approximately 600 hogs per feed lot. He stated that the manure will be scraped, plowed and used on the land.

At this time, discussion occurred regarding a site plan presented by staff for the Board's review.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for CUP in A (Agricultural), for a hog ranch.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

PETITION NO. 80-93-5 R-1 TO RP, R-10, OR R-6

ROBERT THORNBURG (CONTINUED)

Ms. Vicky Kiley, Land Use Technician, Development Regulations Services, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Ms. Kiley stated that Ms. Melanie Hicks, Development Coordinator, Development Regulations Services, has indicated that, if the application had been submitted as of December 20, 1993, the application would not have been scheduled for the Technical Review Committee meeting on December 30, 1993. She explained that ninety (90%) percent of the time there was a dedication of right-of-way in a normal minor lot split, and if dedication of right-of-way was required in this case, the process would not have been completed prior to January 1, 1994.

Commr. Hanson stated that she does have concerns with the approval of the Developer's Agreement.

Commr. Swartz stated that he would have supported the request for a Developer's Agreement had it gone through the normal process and been approved; however, since it has not gone through the normal process, and is not available to other applicants, he cannot support this request.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board denied the request for a Developer's Agreement in Petition No. 80-93-5.

PETITION NO. 77-93-3 R-1 TO R-2 ROBERT R. RACE

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that Public Services has requested that the applicant dedicate additional right-of-way to provide forty (40') feet from the center line of Morningside Drive (#3/4-4568). Three (3) letters have been received in opposition to this request. She explained that there was an existing house located on the property to the west side of Morningside Drive, and the proposed residential lot was on the east side of Morningside Drive and was the larger of the two lots.

Commr. Bailey expressed his concern with the letters of concern in regard to the pollution of Lake Gertrude, at which time Ms. Ferrell responded that Environmental Management has confirmed that this parcel was no different from other parcels along Lake Gertrude and would not add to the pollution of the lake.

Mr. Robert R. Race, the applicant, appeared before the Board to address questions presented by the Board, at which time the oath was administered by the Deputy Clerk. Mr. Race responded to a question regarding lot sizes and conditions along the lake shore that are predominant in the area, noting that the lot sizes are from one third (1/3) acre to two (2) acres.

Commr. Swartz expressed his concern with the precedent that would be set for the remainder of the shoreline, and a proliferation which may occur by rezoning and splitting lots, which may not be in the best interest of Lake Gertrude, if this request is approved.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1 (Rural Residential) to R-2 (Estate Residential), to create a buildable lot on Lake Gertrude.

Commr. Gerber and Commr. Swartz voted no.

PETITION NO. 72-93-2 C-2 & RP TO CP

GREG & CAROL ANN GRUETZMACHER

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that the Department of Public Services has requested that the applicant comply with Access Management of the Lake County Land Development Regulations, which may include the dedication of fifty (50') feet frontage road right-of-way along Merry Road. She noted that two letters of concern have been received, one from the City of Tavares in reference to water and sewer. The County was encouraging Classique Bowling Alley to hook up to City of Tavares water and sewer, and if they are within three hundred (300') feet of the water, and within one-thousand (1,000') feet of the sewer, they will be required to hook up to the City of Tavares facilities. The applicant will also provide a pro-rata contribution for paving improvements to bring Merry Road up to Lake County standards.

It was noted that this request was in District No. 3, and not in District No. 2, as indicated.

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

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that the County was presently involved in acquiring rights-of-way, loop roads and access roads and have asked the applicant to escrow the pro-rata contribution for future road improvements to Merry Road until the County finishes its loop road system.

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

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from C-2 (Community Commercial) and RP (Residential Professional) to CP (Planned Commercial), as conditioned, for expansion of bowling alley and miniature golf course.

PETITION NO. CUP#89A/2/6-5 AMEND EXISTING CUP

LAKE COUNTY BOYS RANCH C/O MARK JONES

Ms. Sharon Farrell, Planner II, Planning and Development Services, stated that this was a request from the Lake County Boys Ranch to amend the existing CUP (Conditional Use Permit) currently being utilized as a boys home for up to six (6) children and two (2) supervisors. They are requesting to amend the approved used to that of an outpatient office with eight (8) staff personnel to serve the children. She stated that staff was recommending approval, as conditioned, and noted that the Operation Standards have been amended to limit six (6) parking spaces, in place of four (4), for assistance in the operation of the out-patient office facility to serve the children, and the Development Review has been amended to indicate that the site plans will be reviewed and approved by the Development Regulations Services in place of the Technical Review Committee. She stated that two letters have been received in opposition to this request, and one letter of concern, from the City of Eustis, has been received in regard to annexation. The Department of Public Services has requested that the applicant dedicate additional right-of-way to provide thirty-three (33') feet from the center line of Charlotte Avenue (#3-5060).

It was noted that this request was in District No. 3, and not in District No. 5, as indicated.

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

Commr. Swartz stated that the Board had previously supported this facility as a residential facility for boys; however, the amendment before the Board this date was changing the character of the facility. Ms. Farrell responded that staff has reviewed the amendment as a change in the occupancy and not as a commercial endeavor.

Mr. Mark Jones, Clinical Director of the Lake County Boys Ranch, appeared before the Board, at which time the oath was administered by the Deputy Clerk. He explained that the facility in question will be used as office space for staff, and very rarely will the children be at said facility. There was very little traffic generated from the facility, as eighty (80%) percent of the counseling was done in the homes of the children.

Mr. Cadwell expressed his concern that the facility was a residential use at the time it served as a group home; however, the request before the Board this date was not a residential use.

Commr. Gerber stated that this was a residential neighborhood and should remain a residential neighborhood.

Commr. Hanson stated that churches, church day care centers, and schools are allowable uses in a residential neighborhood, and suggested that rezoning to a PFD (Public Facilities District) would address the concerns in a residential neighborhood.

Commr. Swartz expressed his concern that this request was putting a non-residential use into a residential neighbor.

Commr. Hanson recommended that this request be postponed to allow for the issues of concern to be addressed. She requested that staff provide clarification to the definition of residential. On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Petition No. CUP#89A/2/6-5, to amend the existing CUP currently being utilized as a boys home for thirty (30) days, until January 25, 1993 PETITION NO. 75-93-2 A TO R-4 PHILLIP & CHARLES BOSSERMAN

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request and stated that staff was recommending approval for rezoning the portion in question located in the Green Swamp Area of Critical State Concern (Ridge Land Use Category), subject to a Developer's Agreement providing for open space, recreation, and $127.00 per lot for a fire service fee. Staff further recommends that the portion in the Rural/Conservation remain A (Agricultural). At this time, staff distributed a copy of the proposed Developer's Agreement between Lake County and Philip H. Bosserman and Charles E. Bosserman to the Board for their review (County Exhibit 1). She explained that the applicant would be required to provide a legal description to the wetland line and delineate on a aerial photograph the Rural/Conservation area. This request is a straight rezoning and not a PUD (Planned Use Development); however, approval was subject to the above mentioned conditions.

Ms. Farrell noted that the Division of Planning has stated that the request to rezone A (Agricultural) to R-4 (Medium Suburban Residential) in the Rural Conservation FLU classification was not consistent with Policy 1A-2.2, of the Lake County Comprehensive Plan, regarding a maximum density of one (1) dwelling unit per ten (10) acres. The Department of Public Services was requesting that the applicant comply with the Access Management Ordinance and provide access to the adjacent properties located to the north and south.

No one wished to speak in opposition to this request.

Ms. Cecelia Bonifay, Attorney, representing Phillip and Charles Bosserman; Dennis Casey, the developer; George Garrett, Engineer; and Carey Hill, Attorney, appeared before the Board and explained that the tract before the Board this date was a one unified ownership, however, was in two (2) separate land use classifications, with the portion immediately to the west of Highway 27 being in the Green Swamp Area of Critical State Concern (GSACSC) Ridge category. The wetland area demarks what the Rural/Conservation area was from the Ridge land use classification. She explained that the applicant has submitted a legal description and has asked that only 103.44 acres be rezoned to R-4 (Medium Suburban Residential), which was the portion that falls within the GSACSC Ridge category. However, since said acres are in unified ownership, the Developer's Agreement states that the thirty-four (34) acres of wetlands will count as open space and will be put in a conservation easement, with Lake County as the Grantee, and the Bossermans as the Grantor.

At this time, Ms. Bonifay reviewed the Developer's Agreement and specifically addressed the issues pertaining to open space, fire protection, and owner's obligation. She noted that the density would be limited to two (2) to four (4) units per acre, and the zoning, as presented, was the result of meetings with County staff to determine the most appropriate way to handle this request given the unique characteristics of land use classifications in the Green Swamp.

Ms. Bonifay stated that Greater Groves Utilities will incorporate this parcel into their service area and provide central water and sewer, noting that her client was in full agreement that central water and sewer will be provided as part of the Developer's Agreement.

Discussion occurred regarding the inclusion of Municipal Service Benefit Unit (MSBU) language into the Developer's Agreement, and issues pertaining to the Conservation easement.

Mr. Jim Barker, Director of Environmental Management, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Barker stated that, in accepting a conservation easement, the title remains in the original property owner's name, and the tax liability remains with said owner. He clarified that allowable passive recreation activities in a conservation easement are boardwalks, walking, hiking, and hiking trails.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the inclusion of conditions in the Developer's Agreement addressing a Municipal Service Benefit Unit (MSBU), and the provision of water/wastewater services.

Commr. Bailey made a motion, which was seconded by Commr. Gerber to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from A (Agricultural) to R-4 (Medium Suburban Residential), for a single family residential development.

Commr. Swartz stated that he could not support this request for rezoning due to the location being the area of the County, and the portion of the Comprehensive Plan that was contributing to linear development, and urban sprawl along Highway 27.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

PETITION NO. 83-93-3 CFD & A TO PUD LYKES BROTHERS, INC.

Ms. Sharon Farrell, Planner II, Planning and Development Services, presented this request to the Board and stated that staff was recommending approval, as conditioned. One letter of concern had been received in regard to this request. The Planning and Zoning Commission recommends approval to PUD (Planned Unit Development), with changes to the variance request on Page VIII - VI (5/6) stipulating that the use of septic tanks and wells on the twenty-five (25) residences be limited to eighteen (18) months. Ultimately, all homes must be connected to central systems. In addition, variances are subject to staff comment.

Ms. Farrell presented a copy of the site plan of the project in question; at which time the Board reviewed and presented questions to staff regarding said plan.

Mr. Steve Richey, Attorney, representing Mission Inn, appeared before the Board to address this request. At this time, the oath was administered to Mr. Bob Farner, Mr. Jay Duvall, and Mr. John Westman by the Deputy Clerk.

Mr. Richey stated that Mission Inn has the property in question under contract from Lykes Brothers, Inc. At this time, Mr. Richey discussed transportation issues and access to Number Two Road. It was noted that staff had been provided with a copy of a traffic analysis that was performed, and a supplement to the traffic analysis adding the commercial.

At this time, Mr. Richey called Mr. Jay Duvall to the podium to provide testimony in regard to traffic issues and the traffic analyses that have been performed. Mr. Duvall was previously sworn in by the Deputy Clerk. Mr. Duvall testified that an analysis was performed of the access known as the westerly flow access, which was illustrated on a site plan map held by Mr. Richey. He explained that the analysis measured the stopping site distance using Florida Department of Transportation's (FDOT) criteria. The sites complied with the requirements set forth by FDOT. He explained that the site at the westerly entrance provides one thousand (1,000') feet in each direction of stopping site distance. The existing intersection at County Road 48 and Number Two Road from the north and east has adequate stopping site distance; however, from the west or south does meet the criteria for fifty-five (55) mile per hour speed limit, but is at the upper limit.

Commr. Swartz explained that his concern was that a portion of the area in question was Urban Expansion, and the County should provide for future interconnects. The project should be designed such that it can connect to Number Two Road. Commr. Swartz requested clarification from staff whether the project before the Board this date was proposed to allow the County to have alternate accesses as the area develops.

Ms. Lori Webb-Paris, Engineer III, Public Services, appeared before the Board and stated that Land Development Regulations (LDRs) Access Management requires that access be provided to adjacent property owners, and this project would be required to provide an access to the south.

Mr. Jim Stivender, Director of Public Services, appeared before the Board to address private versus public roads, and the appropriate way to interconnect said roads. He explained that in the case before the Board this date, Access Management would allow an access exit to the south. He testified that staff has evaluated the idea of an access on Number Two Road versus the access that was proposed on the site plan, and the access points shown on County Road 48 have been determined to be acceptable by County Staff.

Mr. Duvall continued his testimony and stated that the analysis of the Levels of Service (LOS) on County Road 48 over the next ten (10) years passed the Levels of Service criteria, and that the five-thousand (5,000) square feet of commercial proposed at the suggestion of staff did not have any appreciable effect on the traffic analysis and continued to meet satisfactory conditions.

At this time, Mr. Richey called Mr. Bobby Farner to the podium to provide testimony in regard to the size of the project in question, central water and sewer, environmental issues, and project access. Mr. Farner was previously sworn in by the Deputy Clerk.

In response to questions presented by Mr. Richey, Mr. Farner testified that the overall project was five hundred and seventy-seven (577) acres, would include 600 single family residential units, and five thousand (5,000) square foot of commercial areas, with forty-eight (48%) percent designated for open space. He confirmed that the central water and sewer would be provided by Central Lake Utilities, a utility which is being developed by Mission Inn and Lykes Brothers, Inc. He explained that twenty-five (25) homes will be on septic tanks and individual wells until such time that the water and wastewater facility is completed, which will allow the first phase of development to proceed while the Public Service Commission certificate and the Department of Environmental Regulations (DER) permits are obtained. He noted location of said homes on the site plan.

Ms. Leslie Campione, Attorney, appeared before the Board to cross-examine Mr. Farner, and stated that the boundaries for the City of Howey-in-the-Hills appeared to be in the southern portion of the PUD, and requested clarification as to whether the boundaries for the City were considered in figuring the density calculations. Mr. Farner clarified that the City of Howey-in-the-Hills' boundaries did not extent into the PUD. She further presented questions in regard to residential density calculations, lot sizes, and variances.

Mr. Richey reappeared before the Board to continue his questioning of Mr. Farner. In responded to a question presented by Commr. Gerber, Mr. Farner testified that a reuse stormwater management system would be developed for the project.

Ms. Leslie Campione, Attorney, representing John and Melanie Elliott; Robert and Jean Hunter; Gary and Cathy Frey; Jay and Lenore Clark; James and Betty Granger; L.P. and Mary Tichenor; Bob and Wilma Hunter; Tony Evans; Kim Hunter; and Frank and Ann Pemble, appeared before the Board and presented a petition in opposition to this request, to be entered into the record as Opposition's Exhibit "A". Ms. Campione explained that the property in question was within the Urban Expansion Land Use designation, and while a portion of said development was adjacent to the Mission Inn Resort, a much larger portion of the development was adjacent to agricultural uses, such as ferneries, orange groves, and pastures. She explained that the proposed homes will be clustered, resulting in small lots in a predominantly rural area, which are being used for active agricultural purposes, in order to maximize the space in this development and to meet all of the criteria of the PUD Ordinance. At this time, Ms. Campione referred to the Fifth District Court of Appeals ruling in regard to land use designations, and the Supreme Court Synder decision, which held that a Comprehensive Plan only establishes a long range maximum limit on the possible density or intensity of land use. Ms. Campione explained that the County has the opportunity to determined how the proposed PUD will develop in the future and has the opportunity to address issues, such as traffic, that will arise in the future. She noted that the provision in the Comprehensive Plan requires that buffers be fifty (50') feet in width when agricultural land uses are adjacent to a subdivision of this nature. She stated that her clients are asking for assurance that future problems with the proposed PUD are addressed at this time, and are requesting that the Board address the agricultural buffer, the type of vegetation buffering that will be in place, the density issue in regard to the boundaries of the development, and the traffic issue. They are also requesting that the PUD include the requirement that the interconnects be in place so that traffic will be encouraged to flow onto Highway 19 and toward Highway 27.

At this time, Ms. Campione called Ms. Melanie Elliott to the podium to provide testimony, at which time the oath was administered by the Deputy Clerk. Ms. Elliott testified that the residents in the area of the proposed PUD are concerned with issues in regard to traffic, safety, environment, density and compatibility with the existing agricultural uses that are in place. She briefly discussed each of the above mentioned concerns with the Board. She explained that their major concern was in regard to the size of the proposed PUD, and the increase of residents to the area. She requested that the Board review the proposed PUD very closely and address concerns prior to the PUD being approved.

In response to a question presented by Commr. Bailey in regard to the concerns of the agricultural community, Ms. Elliott stated that the agricultural community feels that this type of development is incompatible with their lifestyle, and that the urban communities has different concerns, and different priorities than the agricultural community.

In response to a question presented by Ms. Campione in regard to the encroachment of the proposed PUD into the City of Howey-in-the-Hills, Ms. Elliott testified that a portion of said development was located within the city limits according to the location of the City of Howey-in-the-Hills' city limits signs.

Mr. Richey cross-examined Ms. Elliott in regard to prior testimony regarding the boundaries of the City of Howey-in-the-Hills, traffic analysis, and environmental concerns.

Ms. Campione presented closing remarks and expressed her concern that the City of Howey-in-the-Hills had no involvement with this project considering the magnitude of the development. She stated that the City Attorney, for the City of Howey-in-the-Hills, has indicated that the City had no knowledge of the proposed PUD.

Mr. Richey presented closing remarks and requested that the Board base their decisions only on the expert testimonies that have been present this date.

Ms. Campione stated that, for the record, there was a copy in the rezoning file of a Notice of Application Affecting Land Use for Development from Planning and Development Services, through Chris Martinez, Town Clerk, City of Howey-in-the-Hills, dated October 8, 1993.

At this time, the Board reviewed and approved the waivers (variances) to the Land Development Regulations for Petition No. 83-93-3 as follows:

It was noted that a waiver was not required for the request to allow the diameter on cul-de-sacs to be 100 feet on curb and gutter section roadways.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to authorize the following waiver: the maximum road length for a dead-end street with a cul-de-sac to exceed 1,320 feet in those cases where land features prohibit a looped road system; to include the recommendations and geographical/topographical limitations as indicated by the Department of Public Services.

It was noted that a waiver was not required for the request for open space to be at least 25% of the gross land area to be calculated on the entire PUD and not on individual development tracts.

It was noted that a waiver was not required for the request for recreation facility areas to be calculated on the entire PUD and not on an individual tract as long as the cumulative area provided exceeds the total cumulative area required as the tracts are developed.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the following waiver: the applicant requests the option to install twenty-five (25) temporary individual wells and septic tanks on lots in Phase I. These individual utilities will be abandoned in Phase II as central water and sewer is provided for the development; to include the limitation of mandatory hook-up to the Central Lake Utilities wastewater facility within 18 months after construction, as indicated by Environmental Management.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the following waiver: waiver of the minimum lot size requirements to allow: (c) Lots with a width of 35 feet to 65 feet to have 15 feet front and rear setbacks, and 0 to 10 foot side setbacks with a minimum of 10 feet between buildings.; and to apply necessary easements for the County within the project.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following waiver: the applicant may provide the County a Performance Bond for sodding road rights-of-way stipulating sodding will be provided at the time of home development instead of requiring a sod strip along the pavement edge and full sodding of rights-of-way if grades exceed three percent (3%); to include the conditions and requirements that the applicant provide sodding within rights-of-way adjacent to all tracts and/or lots not proposed for home development; the developer shall maintain the road section and shall promptly clean up any erosion or sedimentation to the County's satisfaction; and all sod shall have been placed and the stormwater management system shall be free of sedimentation prior to the release of the Performance Bond, which shall not exceed two (2) years, as indicated by the Department of Public Services.

Commr. Swartz stated that the request for the PUD before the Board this date has presented questions in regard to buffering in areas where there are active agricultural uses; densities that are adjacent to legitimate and on-going agriculture uses; and the applicant has chosen to leave the proposed PUD open to what will develop and how it will develop, the densities of the PUD and the nature of said PUD. He stressed the importance of addressing transportation issues, finding a way to accommodate the applicant's desire to have a gated community, and to provide for future interconnects from Highway 48 and Number Two Road. He explained that the location of the proposed PUD was in the urban expansion area and, with infrastructure in place, indicates that it is more reasonable to allow a PUD. He suggested that the Board, for the first time, commit to working with the developer to redefine and address the issues of concern so that a development can be planned that addresses all of the issues.

Commr. Hanson stated that, for the record, this was not the first time that the Board has committed to working with a developer by postponing a request. She explained that the real concerns were with the surrounding agricultural area, the possible negative impact on the environment, and traffic, and that this request may be a matter of educating and making the public more comfortable with what is being developed.

Commr. Bailey stated that this project has been reviewed by staff and experts in the field of PUDs, the Mission Inn has contributed positive economic benefits in the community, and the proposed PUD would provide an economic advantage to the community. He stated that the PUD is very well planned, and he is in support of said PUD.

Commr. Cadwell stated that this was a quality project and that there are many positive aspects of the proposed PUD, citing the water/wastewater facility, being adjacent to a municipality, the reuse plant on the golf course, and the herbicide plant. He stated that the proposed PUD will help to diversify and provide a positive impact for Lake County.

Commr. Swartz made a motion, which was seconded by Commr. Gerber to postpone Petition No. 83-93-3, the request for rezoning from CFD (Community Facility District) and A (Agricultural) to PUD (Planned Unit Development) until such time that the applicant has had time to address the issues relating to adequate and clear buffering adjacent to active agricultural; density of project adjacent to agricultural, but not necessarily limiting the overall density; and the transportation issues that would provide for some ability to interconnect from County Road 48 to Number Two Road, perhaps along a portion of the applicant's property so that at a future date, when new development occurs, the County can obtain the additional right-of-way and plan for that type of road network.

Under discussion, Commr. Swartz stated that he was suggesting that there are deficiencies with the proposed PUD, although the required infrastructure will be in place and ultimately a development will be placed on the parcel in question. He explained that he was requesting the opportunity to address the outstanding issues prior to supporting the request for rezoning.

Commr. Gerber stated that she was interested in having time to talk with the Department of Public Services before voting on this request.

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

Commr. Hanson, Commr. Cadwell, and Commr. Bailey voted "No".

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from CFD (Community Facility District) and A (Agricultural) to PUD (Planned Unit Development), subject to the approved waivers, for a single family residential development.

Commr. Gerber and Commr. Swartz voted "No".

REPORTS

COUNTY ATTORNEY/PERSONNEL

Commr. Swartz brought up for discussion the process for the selection of the County Attorney, and explained that previously the Selection Committee has reviewed the applications for the position of County Attorney, and determined which applications warranted further consideration. A recommendation was made by the Selection Committee to the Board, and the Board determined which applicant's they wished to interview for said position.

Mr. Frank T. Gaylord, Interim County Attorney, appeared before the Board and referred to a memo he had distributed to the Board members previously in regard to the selection process. He requested direction from the Board in regard to the appropriate process for the selection of a County Attorney.

Commr. Cadwell expressed concern with the low number of applications that have responded and met the criteria for the position of County Attorney. He stated that the Board may wish to consider readvertising for said position.

At this time, the Selection Committee was directed to recommend to the Board which applicants warranted further consideration based on review of the applications, or to recommend that the Board readvertise said position. The Board would then determine the applicants they wish to interview for said position. ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

RESOLUTIONS/PUBLIC SERVICES/SOLID WASTE

Mr. Pete Wahl, County Manager, presented the request for approval of the Line of Credit Resolution and Agreement with Sun Bank for the refinancing of solid waste construction projects.

Mr. James C. Watkins, Clerk, stated that the Finance Department has reviewed the documents before the Board and recommends approval of the documents necessary for the closing.

It was noted that Mr. Frank T. Gaylord, Interim County Attorney, Ms. Eleanor Anderson, Director of Office of Budget, and Public Financial Management, the County's Financial Advisor, recommends approval of the documents necessary for the closing.

Commr. Swartz made a motion, which was seconded by Commr. Bailey to approve the request for approval of Line of Credit Resolution No. 1993-220; and authorization for the Chairman and the Clerk to execute all documents necessary for the closing of the line of credit financing.

Mr. Ric Patterson, Public Financial Management, public financial advisor to Lake County, introduced, for the record, Mr. Steve Miller, Nabors, Giblin, Nickerson; and Mr. Britt Wilder, Sun Bank of Orlando, who were present for the closing this date.

Commr. Swartz commended Public Financial Management, County staff and the Clerk's staff for working with the Board to secure a very favorable, competitive bid from Sun Bank of Orlando.

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

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved authorization for staff to enter into the initial qualifying draw, in the amount of $10,000,000.00, in order to finance the costs of certain capital improvements to the County's Solid Waste System; and authorization for the Chairman and the Clerk to execute all necessary documents.

RECESS AND REASSEMBLY

At 2:05 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:30 p.m. for a public hearing.

PUBLIC HEARINGS (CONTINUED)

RESOLUTIONS/SOLID WASTE

Mr. Pete Wahl, County Manager, presented the request to authorize and execute the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Fire Protection Service, Solid Waste Collection and Disposal, Village Green, Silver Lake Forest Phase I and II, Greater Groves, and Greater Pines.

Regarding the Municipal Service Taxing Unit (MSTU) for Lake County Fire Protection Service, no one present wished to address this issue with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Lake County Fire Protection Service and Facilities Municipal Service Taxing Unit (MSTU) Resolution No. 1993-222, subject to final review and approval by the County Attorney.

The motion was approved by a 3 - 0 vote. Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

Regarding the Municipal Service Benefit Unit (MSBU) for Solid Waste Collection and Disposal, no one present wished to address this issue with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Lake County Solid Waste Collection and Disposal Municipal Service Benefit Unit Resolution No. 1993-223, subject to final review and approval by the County Attorney.

The motion was approved by a 3 - 0 vote. Commr. Cadwell and Commr. Swartz were not present for the discussion or vote.

Regarding the Municipal Service Benefit Unit (MSBU) for Village Green, no one present wished to address this issue with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Village Green Municipal Service Benefit Unit Resolution No. 1993-224, subject to final review and approval by the County Attorney.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

Regarding the Municipal Service Benefit Unit (MSBU) for Silver Lake Forest, no one present wished to address this issue with the Board.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Silver Lake Forest Municipal Service Benefit Unit Resolution No. 1993-225, subject to final review and approval by the County Attorney.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

Regarding the Municipal Services Benefit Unit for Greater Groves, no one present wish to address this issue with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Greater Groves Municipal Service Benefit Unit Resolution No. 1993-226, subject to final review and approval by the County Attorney.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

Regarding the Municipal Service Benefit Unit (MSBU) for Greater Pines, on one wish to address the Board regarding this issue.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the Notice of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Greater Pines Municipal Service Benefit Unit Resolution No. 1993-227, subject to final review and approval by the County Attorney.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, noted that Tab 7, the request for approval of budget transfer to cover attorney legal fees for the Scripps-Howard vs. Havill litigation had been withdrawn and incorporated into the discussion with the Property Appraiser during the morning session this date.

Commr. Hanson requested that Addendum No. 1, County Manager's Consent Agenda, Item A.1., the request for approval to execute Amendment No. 2 and issue Change Order to Lake County Purchase Order #76482 for the Lake County Welcome Center Project with Construction Development & Design Company, be pulled for discussion.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests with the exception of Tab 7, and Addendum No. II, A. 1.:

Accounts Allowed/Contracts, Leases & Agreements/Section 8



Request from Section 8 for approval and execution of the Amended Annual Contributions Contract for Lake County Project No. FL29-E106, for a Fiscal Impact in the amount of $301,920.00.



Fire Protection/Contracts, Leases & Agreements



Request for approval and execution of Lease Agreement between Lake County and Town of Astatula relating to lease of fire station. Lease Agreement is for a term of three years beginning October 1, 1993 and terminating September 30, 1996.



Bonds - Mobile Home



Request for approval of renewal of an existing mobile home bond for Patrick Quinn - Commissioner District No. 4.

ADDENDUM NO. 1



Contracts, Leases & Agreements/Facilities & Capitol Improvements



Request for approval to execute Change Order No. 3 to the agreement and issue a Change Order to Lake County Purchaser Order No. 77857 for the Lake County Solid Waste Management Office with Construction Development & Design Company.



Accounts Allowed/Contracts, Leases & Agreements/Jails



Request for approval to execute an agreement between Lake County and JK2 Holmes Construction, Inc. for Main Jail security fence; and encumber funds in the amount not to exceed $69,351.00.



Accounts Allowed/Insurance



Request for approval of quotation submitted by Combined Insurance Services, Inc.; and Sun Life of Canada for renewal of specific reinsurance; to provide annual aggregate reinsurance for the County's self-insured group health plan; and authorization for the Chairman to sign the contract, subject to final review and approval by the Interim County Attorney.



Accounts Allowed/Personnel



Request for approval to restore funding for Personnel Specialist position in Personnel for Fiscal Year 1993/94, in the amount of $29,182.00 (salary and fringe benefits), from Salary Reserve.



Rights-of-Way, Roads & Easements/Deeds



Request for approval to accept the following drainage easement deed:



Thomas C. Houck - Hicks Ditch



Request for approval to accept the following Statutory Warranty Deeds:



Nancy P. Steinmetz - Lake Griffin Road (#5-7611)

Douglas L. and Karen Bloodworth - Lake Griffin Road (#5-7611)



The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

Contracts, Leases & Agreements/Facilities & Capital Improvements

Mr. Pete Wahl, County Manager, provided clarification to the request for approval to execute Amendment No. 2 and to issue Change Order to Lake County Purchase Order #76482 for the Lake County Welcome Center Project. He explained that the original estimate for the well water and a septic tank was, in the amount of $7,500.00, and the actual costs of the two items were $11,225.00 or a difference of $3,755.00 in excess of the original allowance.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to execute Amendment No. 2 and issue Change Order to Lake County Purchase Order No. 76482 for the Lake County Welcome Center Project with Construction Development & Design Company.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

Mr. Pete Wahl, County Manager, presented the request for direction in regard to the repayment to the City of Mount Dora Redevelopment Districts and the City of Eustis Community Redevelopment District. He explained that upon review of the payment to the Mount Dora Redevelopment Districts for Fiscal Year 1993/94, it has become apparent that the County has overpaid the City of Mount Dora over a five-year period, and the impact over said period was in the amount of $45,137.14.

Mr. Frank T. Gaylord, Interim County Attorney, explained that this issue has been reviewed with the City of Mount Dora, and due to the requirements set forth in Florida Statute, Chapter 163.387, stipulating that payment must be made by December 31, 1993, an agreement has been reached between the City of Mount Dora and the County to place the difference of $45,137.14 in a County escrow account to allow additional time for research to be completed prior to a final decision on the disbursement of the escrow dollars.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved staff recommendations regarding the proposed repayment to the Mount Dora Redevelopment Districts and the City of Eustis Community Redevelopment District; and authorization to encumber and expend funds, as follows: Mount Dora Downtown Redevelopment District in the amount of $29,471.30; Mount Dora Downtown Redevelopment District, in the amount of $45,137.14, to be placed in an escrow account; Mount Dora Northeast Redevelopment District in the amount of $6,025.21 (General Fund); City of Eustis Community Redevelopment District in the amount of $19,511.92 (General Fund); and City of Eustis Community Redevelopment District in the amount of $843.54 (Lake County Ambulance Fund).

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

BUDGETS/COUNTY MANAGER/COUNTY EMPLOYEES

Mr. Pete Wahl, County Manager, stated that the Board approved a Merit Increase Program of one (1%) percent to three (3%) percent to be based upon the employee's annual evaluation, at the time the Fiscal Year 1993/94 Budget was approved in September, 1993. At that time, staff requested that the Board withhold said merit increases until the actual Cash Forward figures for Fiscal Year 1993/94 were identified. Based on the preliminary Cash Forward figures, staff is recommending that the Board authorize implementation of the Merit Increase Program, retroactive to those employees whose anniversary dates fell between October 1, 1993 and December 21, 1993.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to implement the Merit Increase Program for Fiscal Year 1993/94; retroactive to those employees whose anniversary dates fall between October 1, 1993 and December 21, 1993.

The motion passed by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS

COMMUNITY SERVICES

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for payment to Florida Hospital for a Lake County resident inpatient hospital stay under the Health Care Responsibility, in the amount of $10,937.42.

The motion passed by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

Commr. Gerber requested that the Board be provided sufficient backup information on the above mentioned request and future requests of this nature.

ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS

COMMUNITY SERVICES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for payment of monthly medicaid hospital bill, in the amount of $28,555.54; and the medicaid nursing home bill, in the amount of $34,262.46 for the month of October.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

ADDENDUM NO. 1 (CONTINUED)

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY BUILDINGS

Mr. Pete Wahl, County Manager, presented this request.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to use the second floor of the Lake County Administration Building (Round Building) for the site of the Martin Luther King Celebration on January 15, 1994; and authorization for staff to prepare an appropriate resolution.

The vote carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/GRANTS/STATE AGENCIES

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Transportation Disadvantaged Commission Grant Agreement between Lake County and the State of Florida Transportation Disadvantaged Commission; and authorization for the Chairman to execute said agreement.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.



PLANNING & DEVELOPMENT/STATE AGENCIES

Mr. Pete Wahl, County Manager, presented this request and explained that the Board approved transmitting a Community Development Block Grant (CDBG) applicant for Economic Development in coordination with East Lake Utilities, Inc. for the wastewater system at the St. John's Reserve area, and the Department of Community Affairs (DCA) has requested additional information in regard to this issue. The additional information will be prepared by a representative of East Lake Utilities, Inc.; however, the transmittal of this information will need to be authorized by the Board.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved authorization for the Chairman to execute and transmit a response to a ten working day request by the Department of Community Affairs for additional information sufficient to meet minimum Federal and State requirements, pursuant to the Community Development Block Grant (CDBG) process, in regard to the CDBG application for Economic Development in coordination with East Lake Utilities, Inc.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Mr. Cliff St. Louis to fill the remainder of a term held by Mr. Charles Jones on the Board of Building Examiners. Term will expire on January 14, 1995.

The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.



REPORTS

ADDENDUM NO. 1

COUNTY ATTORNEY

Mr. Frank T. Gaylord, Interim County Attorney, presented this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Intergovernmental Agreement with the United States Marshall Service to increase the guard service rate to $15.00 per hour; add a section on support and medical services regarding transport of federal prisoners; and a section on the method for establishing the per diem rate based on actual and allowable costs associated with the operation of the facility.

COUNTY MANAGER

PUBLIC SERVICES/SHERIFF'S DEPARTMENT

Mr. Pete Wahl, County Manager, reported that, as the result of a meeting with the Triathlon sponsors and George E. Knupp, Jr., Sheriff, it has been determined that County Traffic Engineering; Mr. Craig Willis, Alternative Transportation Specialist; the Sheriff's Department; and the Triathlon sponsors will meet in January for the purpose of discussing the safety of the participants and the spectators at the Triathlon.

MEETINGS

Mr. Pete Wahl, County Manager, informed the Board that there have been a series of incidents with the newspaper in which the County advertises legal ads for the Planning and Zoning Commission meetings. The newspaper has been responsible for several errors in advertising the meeting dates for January 1994. Mr. Frank T. Gaylord, Interim County Attorney, will determine necessary steps to be taken in regard to getting said dates corrected. He explained that there was a possibility that a recommendation will be presented to the Board to cancel the Planning and Zoning Commission meetings, and the Board of County Commissioners meetings, in January.

ADDENDUM NO. 1 (CONTINUED)

REPORTS

COMMISSIONER CADWELL - DISTRICT NO. 5

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution No. 1993-221, encouraging the creation of the Florida Department of Fish and Wildlife.

COMMISSIONER HANSON - CHAIRMAN - DISTRICT NO. 4

It was noted that the approval of liason appointments for 1994 as recommended by the Chairman, had been pulled from Addendum No. 1 prior to the meeting this date.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:05 p.m.

CATHERINE C. HANSON, CHAIRMAN





ATTEST:







JAMES C. WATKINS, CLERK



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