BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 20, 1995

The Lake County Board of County Commissioners met in regular session on Tuesday, June 20, 1995, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and G. Richard Swartz, Jr. Others present were: Rolon W. Reed, Interim County Attorney; Sue Whittle, Interim County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budget Department; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

Discussion occurred regarding any changes that needed to be made to the agenda.

Commr. Swartz stated that he would like to add to the agenda, for discussion, the issue of the agenda, but he did not believe it would require a vote from the Board.

Commr. Hanson stated that she would like to bring forward for discussion, under her business, the Adopt-A-Lake Program, and noted that it might require a vote from the Board.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to add the Adopt-A-Lake Program discussion to the agenda.

Ms. Whittle, Interim County Manager, stated that she would like to add, under the County Manager Reports, an update on the budget process.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved to add to the agenda the update on the budget process, as requested by Ms. Whittle.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the Minutes of May 16, 1995, Regular Meeting, as presented.

Discussion occurred regarding the Minutes of May 23, 1995, Regular Meeting, with the following changes being made, as well as corrections to the spelling of proper names:

Page 5, Line 14 - Add: this was in effect a Transfer

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 23, 1995, Regular Meeting, as corrected.

PERSONAL APPEARANCES

CHECKS RECEIVED/LIBRARIES

Representative Stan Bainter presented Ms. Wendy Breeden, Library Coordinator, with a check, in the amount of $72,800, on behalf of the Secretary of State, for the library, which was funded under the State Aid Library Grant Program.

RESOLUTIONS/MUNICIPALITIES

Mr. Bill Bond, Lake Sentinel, addressed the Board to discuss the request on the agenda to approve a Resolution honoring the 1995 Lake County Patriots of the Year. He noted that, in the past two years, a single individual was recognized for the award, but this year there would be ten individuals. He extended his appreciation to the Board for its support in this particular program. Mr. Bond informed the Board of the ceremony that would held July 4, 1995, at 9 a.m., in front of the Tavares City Hall, where the recipients and their families would be recognized and presented with copies of the Resolution, and medallions of remembrances would be presented by The Lake Sentinel.

CLERK OF COURTS

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve items 1-15 under the Clerk of Courts Consent Agenda.

Under discussion, Commr. Cadwell extended his appreciation to Mr. Watkins' Office for their help at the meeting held in Clermont on June 8, 1995.

The Chairman called for a vote on the motion, which was carried unanimously, for the following requests:

Budget Transfers/Resolutions

Budget Transfer and Resolution from the Office of Finance, Audit & Budgets, as follows:

Budget Transfer

Fund: Solid Waste Capital Projects

Department: Solid Waste

From: Machinery & Equipment $148,218 To: Buildings $148,218

Transfer No.: 95-178

Justification: The Design/Build contract for the Intermediate Storage and Transfer Facility was budgeted in the Machinery & Equipment Account. This is a building and should be budgeted in Account 620.

Resolution

Fund: General

Department: Fire & Emergency Services

From: Emergency Mgmt. Trust Fund Grant $ 3,279

To: Machinery & Equipment $ 3,279

Budget No.: 95-188

Justification: The County has received notification of an amendment to the base grant funding for 1995 from the Department of Community Affairs, for enhancement of County Emergency Management Programs, in the amount of $3,279.

Accounts Allowed/Courts-Judges

Satisfaction of Judgments, as follows:

Donnie Eugene Skaggs and Trudy Williams, in the amount of $150.00, Case Nos. 83-698-CJ and 84-361-CJ; and David Robert Hill, in the amount of $250.00, Case No. 88-1873CFA.

Linda Diana Linenberg, in the amount of $35.00, Case No.

95-519MMa01AC.

Scott M. Ditota, in the amount of $250.00, Case No.

93-64-CFAO1.

Bonds-Contractor

Contractor Bond for John H. Westcott d/b/a Westcott Roofing, Contractor No. 5389-95.

Accounts Allowed

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

Municipalities/Ordinances

Copy of Ordinance No. 95-08, from the City of Eustis, adopted by the Eustis City Commission on May 18, 1995, with an effective date of May 18, 1995, voluntarily annexing one acre of vacant land on the east side of East Crooked Lake Drive into the corporate limits of the City of Eustis.

Municipalities/Ordinances

Copy of Ordinance No. 95-04, from the Town of Lady Lake, adopted by the Town Commission of the Town of Lady Lake on May 15, 1995, pertaining to animal regulation and control, repealing Ordinance No. 85-6 (127) in its entirety.

Municipalities/Ordinances

Copy of Ordinance No. 95-13, from the City of Tavares, adopted by the City Council of the City of Tavares on May 3, 1995, annexing approximately 18.5 acres of property generally located west of Dillard Road, south of U.S. 441, and north of Dora Avenue into the corporate limits of the City of Tavares.

Municipalities/Ordinances

Copy of Ordinance No. 279-M, from the City of Clermont, adopted by the Clermont City Council on April 25, 1995, annexing a certain parcel of land contiguous to the present city boundaries into the corporate limits of the City of Clermont.

Budgets

Copy of Village Center Community Development District's Proposed Water and Sewer Budget for FY 1995-96.

Budgets

Copy of Deer Island Community Development District's Proposed Budget for FY 1995-96.

Municipalities/Ordinances

Notice of Public Hearing, from the City of Tavares, noticing that the City of Tavares will consider the enactment of proposed Ordinance No. 95-22, annexing approximately 10.4 acres of property generally located on the southeast corner of CR 561 and CR 448 into the corporate limits of the City of Tavares, at the Planning and Zoning Board Meeting on June 1, 1995 at 3:00 p.m.; the Tavares City Council Meeting on June 7, 1995, at 5:00 p.m.; and the Tavares City Council Meeting on June 21, 995, at 5:00 p.m. All meetings will be held in the Tavares City Council Chambers in City Hall, at 201 E. Main Street, Tavares, Florida.

Municipalities/Ordinances

Copies of Ordinances from the City of Mount Dora, adopted by the City Council of the City of Mount Dora on May 16, 1995, as follows:

Ordinance No. 660, annexing property generally located near the intersection of Donnelly Street and new U.S. Hwy. 441, providing for a GB (Green Belt) zoning of the property.

Ordinance No. 661, annexing property generally located near the intersection of Donnelly Street and new U.S. Hwy. 441, providing for a C-3 (Highway Commercial) zoning of the property.

Ordinance No. 662, amending the boundaries of the City of Mount Dora Utilities Service District.

Utilities

Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To All Parties and All Other Interested Persons; Docket No. 910875-TC; IN RE: Initiation of Show Cause Proceedings Against Equal Access Corporation For Violation Of The Interlata Rate Cap and Rule 25-4.043, F.A.C., Response Requirement. A prehearing conference will be held on June 22, 1995, at 9:30 a.m., Room 148, Betty Easley Conference Center; and the hearing will be held on June 30, 1995, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.

Utilities

Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To All Parties and All Other Interested Persons: Docket No. 940826-TL; RE: Request for Approval of Capital Recovery Requirement by Indiantown Telephone System, Inc. A prehearing Conference will be held on May 31, 1995, at 9:30 a.m., Room 106, Fletcher Building; and the hearing will be held on June 20, 1995, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.

State Agencies

Notice of Intent, from the State of Florida, Department of Transportation, Planning and Public Transportation, for Proposed Private Helistop, to be known as WCPX-TV Private Helistop, located in Section 9, Township 22 south, Range 29 east, Orange County, Florida, upon application of First Media, L.P. d/b/a WCPX-TV, 4466 John Young Parkway, Orlando, Florida, 32804.

PUBLIC HEARINGS/TIMES CERTAIN

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss SA-80 Swan Road Special Assessment.

The Chairman opened the public hearing portion of the meeting.

Mr. Tom Adair addressed the Board and stated that he has lived on Swan Road since 1971, and now that he was retired and on a fixed income, the road was going to be paved. He stated that he would like to see the County maintain the road after it was paved. Mr. Adair discussed a lady that lives on the same road who might have difficulty paying her assessment, because of her financial situation. He stated that paving the road would increase the property values far more than what the assessments were on the property. Mr. Adair extended his appreciation to the Board.

Mr. Stivender stated that the construction of the road should start within 30 days of the contract being signed. He stated that staff could make a run through the road and see whether there were any impassable areas and stabilize them. Mr. Stivender informed the Board that there would be a meeting regarding all types of assessments in July. He noted that Mr. Rick Patterson, Public Financial Management (PFM), would be present to discuss a possible plan that would help improve the financial situation for each special assessment.

Mr. Joe Dicken appeared before the Board and stated that he was the first one on Swan Road, and the County never touched the road before now, enough though he had paid taxes all of those years for road maintenance. He felt that the Board had not given any thought to the drainage problems in this area and questioned the plans that the County had made to address this issue. Mr. Dicken explained that the road was being used as a drag strip. He further stated that there was road to the west that comes down a very steep hill, and right now it cuts a groove that would go right under the hard surface road, and the residents would be in a worse situation, if a road was put into place. Mr. Dicken reiterated that there were some residents in this area that could not afford one cent more in taxes. He wanted an accounting of where every cent was going, and he wanted, in writing, the County's plans and responsibilities. Mr. Dicken stated that, if the road was paved, the Sheriff would have to conduct a routine patrol.

Mr. Stivender explained that no property taxes go towards paving roads in Lake County, and that it was based on the gas tax dollars and impact fees. The impact fees did not qualify for this particular road. He further explained that all of the stormwater calculations have been done for this area, and the drainage could adequately be handled. Mr. Stivender stated that it would be the County's responsibility to take care of any future stormwater problems that occur. He stated that Ms. Cindy Heffler, Special Assessments, has a very extensive accounting program for each assessment.

Commr. Hanson discussed being notified of a drainage problem in this area and stated that the Sheriff would be patrolling the road, because it would be a County maintained road.

Mr. Stivender stated that the County would be posting the road with 25 mph signs.

Commr. Swartz stated that the low bidder would be awarded the paving job, and all of the documentation would be public record. He welcomed Mr. Dicken to peruse and obtain any documentation that he felt would be helpful to him.

Ms. Willa Dean LaMotte stated that she and her husband probably owned more property than anyone and would be assessed more, but they were in favor of the paving. She did feel that the 12% interest rate was too high for some of the people who live on the road.

Discussion occurred regarding the property that was not developed, with Mr. Stivender explaining the "good neighbor" policy where individuals could assist in the contributions to pave the rest of the road. He noted that he had not seen this policy work for a special assessment.

Mr. Adair stated that there were approximately seven families at the end of Swan Road where that part of the road would not be paved.

The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Good addressed the issue of road improvements coming from gas tax and impact fees and noted that the County's portion of the special assessment would be $31,263.90, and the owner's portion would be $63,367.40.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to award and authorize project number SA-80 Swan Road, Lump Sum Construction to Lem Bryant L'Clearing and to encumber and expend funds in the amount of $94,631.30 (Commissioner District 4, CTT Funds); and approved the request to execute the assessment roll Resolution for the Swan Road Special Assessment.

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss SA-81 Palm Drive Special Assessment.

He explained that staff had requested a mandatory assessment the first time, because it did not have the 55% front footage. He explained the current condition of the road and stated that the County was having to rebuild the road as part of the special assessment. Mr. Stivender noted the following corrections to the assessment roll:

34. Christopher W. & Crystal Speirs

150 Actual Feet

$1,860 Assessed Cost

35. Susan C. Resener

377 Actual Feet

$4,674.80 Assessed Cost

The Chairman opened the public hearing portion of the meeting.

Mr. John Hubbs addressed the Board and stated that he has an Agreement for Deed with Mr. Harold Coffman. He felt that the road should not be assessed on the curved foot frontage, but as individual property owners. Mr. Hubbs stated that the property owners across the road would be using the road just as he would be using it, yet he was being assessed 4-5 times more than what they were being assessed. He felt there should be a more equitable way of determining the costs.

Commr. Swartz explained that he had discussed, with Mr. Stivender, the process being explained by Mr. Hubbs, and it was determined that it would be difficult to assess on a per lot, in all fairness.

Ms. Di Anne Waters addressed the Board and stated that she had bought five acres on Palm Drive three years ago. She understood that the road had been in this condition for approximately 25 years, and she had decided not to buy a home on a clay road, because here she would have a paved road. She stated that now the County wanted to re-pave it, and her assessment, in the amount of $8,100.92, would cause a hardship on her. She further stated that the people in this area do not have this kind of money, and that the 12% interest rate was too high.

Mr. Harold Coffman addressed the Board and stated that he sold the property to Mr. Hubbs by an Agreement of Deed a couple of years ago. Mr. Coffman questioned whether the assessment was based on the number of lots or total frontage.

Mr. Stivender explained that the assessment was based on both, and in this particular case, when staff came to the Board several months ago, it had requested a mandatory assessment, because the front footage did not meet the 55% requirement, but staff had 71% interest from the people. He stated that the Board could do a mandatory assessment when it felt the need was there. He noted that staff had only 32% of the footage in this particular instance.

Mr. Stivender stated that the road was a platted right-of-way, but it was not a County road until it was brought up to County standards. He explained assessments that are made on street corners where an individual would not have to pay two assessments.

Mr. Coffman stated that there was a four foot strip that was privately owned along Palm Drive to the north and questioned whether this would be in part of the maintenance system. He noted that the property owners own the private strip of road.

Mr. Stivender stated that, if there was a strip of road that prevented access to the County road, then the rules needed to be changed, but staff did not have anything in the legal description that informed them of a four foot strip. He explained that the County already had a 50 foot right-of-way to pave in and would not need the four foot strip of road dedicated to the County.

Mr. Coffman explained the history of ownership of the four foot strip of road, which was deeded to the property owners. He stated that Mr. Hubbs had a very good point about having to pay 4-5 times more than the other property owners, while he was using the road the same amount as the others.

Discussion occurred regarding the location of the property on the Land Use Map.

Mr. Coffman presented the history of the 220 acres and explained how the property was sub-divided. He stated that the property owners that had spoken have access other than on Palm Drive, and that he would like to get with those property owners and make application to close the access road to the properties, since the County was going to spend all of this money to fix Palm Drive. He requested that the Board seriously consider vacating the 50 foot access.

Commr. Gerber read into the record a letter from Mr. Arthur Kaercher, who was in favor of the paving of the road.

The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Swartz stated that Palm Drive needed to be paved, because of its problems. He was troubled by the issue of whether or not there was an alternate access, and whether or not there was going to be a potential for additional development. Commr. Swartz stated that he would like to see staff, before the Board goes forward with this request, with regard to the road and the easement that was brought forward by Mr. Coffman, research this issue and determine whether or not the paving of Palm Drive would eliminate the requirement for paving, and to review this issue. He would also like the Planning Department to look at whether it would be reasonable to expect some development in this area. He would like to see these questions answered and this special assessment brought back to the Board at the first meeting that Mr. Stivender would have time to review those issues and get it back on the agenda. Commr. Swartz stated that it could be postponed until a time certain, so that it would not require additional advertising.

Commr. Good questioned the environmental assessments, the elevations and the topography of these pieces of property, which he felt would be needed in order to determine whether they were going to be utilized at the map densities, or whether there were other physical restrictions.

Commr. Swartz stated that the Environmental Management Department needed to look at the property in question, from Commr. Good's standpoint, because there may be more environmental constraints than there were land use constraints. Commr. Swartz stated that, with a special assessment, the County tries to achieve a fair and just sharing of the costs to those that benefit from the road.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone SA-81 Palm Drive Special Assessment to June 27, 1995, with it being scheduled at the early part of the agenda with the road closings.

ACCOUNTS ALLOWED/ASSESSMENTS/ROAD PROJECTS

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss SA-82 West Griffin Drive Special Assessment. Mr. Stivender informed the Board that staff had 75% of the property owners, and 76% of the front footage. He noted that the project included the resurfacing of 420' of an extension of Twin Palms Road (CR# 1-5814) at the County's expense ($4,105.00).

The Chairman opened the public hearing portion of the meeting.

Mr. Noah Gibbs addressed the Board to discuss his concern about the big oak trees on the property. He stated that, as far as he was concerned, the road was fine, and that he felt the paving could possibly decrease the value of the property. Mr. Gibbs felt that the money could be spent somewhere else in the County.

Mr. Stivender explained that the property owners on West Griffin Drive brought forward the petition asking that the County pave the road.

Mr. Bernard Austin addressed the Board and stated that he lives on West Griffin Drive year round. He explained that Mr. Gibbs was the landlord of the property he discussed, and that the owner lives in Michigan. Therefore, he could understand why he did not want the road paved. Mr. Austin explained that the property owners wanted the road paved to help eliminate the problems with the dust, dirt and mud. They also wanted the County to maintain the road, so that it would be patrolled better by the police. Mr. Austin explained that a tree fell across the road, and the County would not come to clean it up, so the property owners chipped in to get someone to cut it up and remove it from the road. Mr. Austin stated that the road goes to a canal where there was a boat ramp and questioned whether this would become public access. He noted that the ramp was built by the Florida Game and Fresh Water Fish Commission, and questioned how the marina could charge for the use of the ramp.

Direction was given to Mr. Chuck Pula, Recreation Coordinator, and staff to look into the situation regarding the boat ramp, as described by Mr. Austin.

Discussion occurred regarding the calculation of costs to be split between the County and the owners, and when the assessment bills would be sent to the property owners and when the payments would be due.

Ms. Martine Truitt addressed the Board and stated that she has lived on this road for 20 years, and she was in favor of the road being paved, because of the drainage problems. She stated that the trees were beautiful, and it would only be fair to go down the middle and take so much off of both sides.

Commr. Swartz encouraged those present for the hearing to meet with Mr. Stivender and review the plans for the paving.

The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the request to award and authorize project number SA-82 West Griffin Drive Special Assessment ($36,085.30 and the resurfacing of 420' of an extension of Twin Palms Road ($4,105.00) Lump Sum Construction to Superior Asphalt, and to encumber and expend funds in the amount of $40,190.30 (Commissioner District 1, CTT Funds), and to execute the assessment roll resolution for the West Griffin Drive Special Assessment.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess for ten minutes.

MEETINGS/UTILITIES

Commr. Cadwell informed the Board that there was a Public Service Commission meeting scheduled for next Tuesday, and one of the petitions that they would be addressing involved an exchange to extend the service area to Orlando, Winter Garden and Windemere from the Groveland, Clermont, Mascotte area. He requested that this item be placed on the agenda, to discuss getting an emergency resolution from the Board in support of the petition.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, the Board approved to place the above item on the agenda for action, under Commr. Cadwell's reports.

The motion was carried by a 4-0 vote, with Commr. Good not being present for the discussion or vote.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, the Board approved Tabs 8-39 under the County Manager's Consent Agenda, and Items I. A and B on Addendum No. 1 under the County Manager's Consent Agenda.

The motion was carried by a 4-0 vote, with Commr. Good not being present for the discussion or vote.

Accounts Allowed/Community Services

Approval of payment of monthly Medicaid Hospital bill in the amount of $19,175.32, and the Medicaid Nursing Home bill in the amount of $23,660.26 for the month of April.

Accounts Allowed/Community Services

Approval of payment of Shands Hospital bill in the amount of $57,397.05 for a Lake County resident under the Health Care Responsibility Act for an inpatient hospital stay.

Economic Development

Approval of the Jobs Growth Incentive Fund Guidelines and Application, and the Impact Fee Deferral Program Guidelines and Application.

Accounts Allowed/Facilities and Capital Improvements

Approval of a Change Order to Gibson Construction for additional work to the Lake County Health Department (Umatilla Unit) at a lump sum of $1,047.

Accounts Allowed/Facilities and Capital Improvements

Approval of a Change Order to Gibson Construction for additional work to the Lake County Health Department (Tavares Unit) at a lump sum of $2,031.

Accounts Allowed/Facilities and Capital Improvements

Approval of a Change Order to Gibson Construction for additional work to the Lake County Health Department (Leesburg Unit) at lump sum of $1,909.

Bonds/Human Resources

Approval of bonds of County Officers in accordance with Florida Statutes 137.05.

Accounts Allowed/Information Services

Approval of the purchase of the installed equipment on our NEC 2400 IMG Telephone Switch located in the Administration Building at a cost of $10,807.84.

Contracts, Leases & Agreements/Zoning

Planning and Development

Acceptance and execution of an Agreement Between the Board of County Commissioners and David Lawrence for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located at 9901 Avalon Woods Drive, Winter Garden while the conventional home is being built - Commission District 2.

Deeds/Rights-of-Way, Roads & Easements

Planning and Development

Acceptance of a Non-Exclusive Easement Deed from Robert and Gerald Eulett for the creation of 6 lots for LLS 95-56 and two lots for LLS 95-57 in Ag zoning off of Orange Blossom Road - Commission District 3.

Deeds/Rights-of-Way, Roads & Easements

Planning and Development

Acceptance of a Non-Exclusive Easement Deed from Donald Scott for the creation of 3 lots in Ag zoning off of Ravens Wood - Commission District 5.

Deeds/Rights-of-Way, Roads & Easements

Planning and Development

Acceptance of a Non-Exclusive Easement Deed from J.N.R. Partners for the creation of 8 lots in Ag zoning on a paved to County standards, public easement off of S. O'Brian Road - Commission District 3.

Deeds/Rights-of-Way, Roads & Easements

Planning and Development

Acceptance of a Non-Exclusive Easement Deed from Maria Luisa Rios Acevedo for the creation of 3 lots in Ag zoning on a public easement off of CR 561-A - Commission District 2.

Deeds/Rights-of-Way, Roads & Easements

Planning and Development

Acceptance of a Non-Exclusive Easement Deed from Clark Vaneroef, Cook, Will, Yunker, Jones & Hecker for the creation of 2 lots in Ag zoning off of Wolf Branch Road - Commission District 4.

Grants/State Agencies/Planning and Development

Approval of the 1995/96 Trip/Equipment Grant Application for the Non-Sponsored, and authorization for the Chairman to execute the 1995/96 Trip/Equipment Grant Application for the Non-Sponsored and submit to the Florida Commission for the Transportation Disadvantaged.

Appointments-Resignations/Planning and Development

Approval of the appointment of Christine B Hall to fill the position representing the Agency for Health Care Administration-Medicaid on the Transportation Disadvantaged Coordinating Board.

Ordinances/Planning and Development

Approval to advertise an Ordinance to regulate unlicensed activity in Lake County.

Accounts Allowed/Contracts, Leases & Agreements

Roads-County & State/Public Services

Approval and execution of Agreement Between Lake County and First Federal Savings Bank of Lake County for Construction Improvements Related to Griffin Ave., and authorization to encumber and expend funds in the amount of $45,576 from Road Impact Fee Benefit District 3 Fund - Commissioner District 5, subject to County Attorney's review and approval.

Accounts Allowed/Road Projects/Public Services

Approval and execution of Change Order No. 2 to Countywide Resurfacing Project No. 1-95 to delete the milling and resurfacing of CR-445A in the amount of $21,705.42, and to add the resurfacing of Crawford Road in the amount of $32,958.10. This constitutes a net increase to the contract in the amount of $11,252.68 from the Transportation Trust Fund - Commissioner Districts 2 and 4.

Resolutions/Roads-County & State/Public Services

Approval of a Resolution authorizing the posting of speed limits on the following roads in northeast Lake County: Derby Dr. (4-5687), Nashua Bv. (4-6088), and Lake Norris Rd. (4-7187).

Resolutions/Road-County & State/Public Services

Approval of a Resolution authorizing the posting of speed limits on the following roads in the Johns Lake area: Pine Valley Bv. (2-1255), Myers Ct. (2-1261), Lake Sherman Dr. (2-1260), Hartle Rd. (2-1362), Island Bv. (2-1162), and Johns Lake Rd. (2-1158).

Deeds/Roads-County & State/Public Services

Acceptance of the following Statutory Warranty Deeds:

Richard P. Bruns

E. Eldorado Dr. #4-6480

Clark P. Vanderoef, et al

Wolf Branch Rd. #4-4583

Dallas K. Evans

Lake Eustis Dr. #3-4851

John and Maryann Beatty

C.R. 437

Deeds/Roads-County & State/Public Services

Approval of the following recommendations on the release of Murphy Act State Road Reservations:

Deed No.: 329

Applicant: Kenneth R. Karnes

Location: Section 16, T18S, R27E, Southeast of Umatilla

Recommend: Release all reservations

Deed No.: 387

Applicant: Doris J. Cain

Location: Lakeview Heights Sub., Eustis area

Recommend: Reserve 33 feet from centerline of Kentucky Blvd. (4-5468A) per letter from City of Eustis

Deed No.: 466

Applicant: Kenneth R. Karnes

Location: Section 16, T18S, R27E, Southeast of Umatilla

Recommend: Release all reservations (Subject property does not appear to lie within the required right of way width of Wygul Road (4/5-7581)

Deed No.: 590

Applicant: Kenneth R. Karnes

Location: Section 16, T18S, R27E, Southeast of Umatilla

Recommend: Release all reservations

Deed No.: 1787

Applicant: Cypress Creek, Inc., a Florida Corporation

Location: Portion of Hubbard Sub. and Plat of Edward Delouest Sub., South of Leesburg

Recommend: Reserve 25 feet from centerline of Hubbard Street (1-3311)

Deed No.: 2521

Applicant: Janet M. Condello

Location: Lots 57-60, Block Q, Lakeview Park Sub, Lake Kathryn area

Recommend: Reserve 25 feet from centerline of Washington Dr., and 25 feet from centerline of Veva Avenue

Deed No.: 2521

Applicant: Nicholas Condello

Location: Lots 1-4, Block Q, Lakeview Park Sub., Lake Kathryn area

Recommend: Reserve 25 feet from centerline of Washington Dr., and 25 feet from centerline of Luella Avenue

Deed No.: 2727

Applicant: Charles M. Hinds, Jr.

Location: Mt. Plymouth, Section A

Recommend: Reserve 25 feet from centerline of Lido2 Avenue (4-4088B)

Accounts Allowed/Purchasing

Request 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, Proposals and Professional Services.

DIVISION AMOUNT

PLANNING $8,000.00

Authorization to seek quotes for Professional services for Road Right of Way Survey for the Sorrento Area Community Development Block Grant, Contract Number 94DB-19-06-45-01-N17. Quotes will be obtained per the guidelines specified in Lake County Procedures, LC-13, Acquisition, Selection, Work Assignment and Contract Negotiation for Continuing Contracts for Consulting Services. Funding for this project is from Account #001.1028400.515.8300310.

D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or cooperative Bids.

DIVISION AMOUNT

FIRE AND EMERGENCY SERVICES $47,958.75

Pace Tech Inc./Authorization to waive bid requirements and purchase off of Federal Contract #V797P3384J, Department of Veteran Affairs for the purchase of nine each Minipack 911 STC Portable Vital Sign Monitor with Accessories at the price of $5,328.75 each. This equipment is being purchased from allocated grant funds, per the terms of the contract with Florida Regional E.M.S. Florida Regional E.M.S. is purchasing an additional twelve units. Funding for this project is from Account #001.2134150.526.8600640.

FIRE AND EMERGENCY SERVICES $19,960.00

Pierce Manufacturing Inc./Authorization to issue a Change Order for six modifications to each of the four new Custom Tilt Pumpers at a total cost of $4,990.00 per each unit. The attached memo from Craig Haun, Senior Director of Fire and Emergency Services explains the six specific changes requested. The Board approved the purchase of the four new pumpers off of the Southern Manatee County Fire and Rescue Bid at a total cost of $813,504.00 on April 18, 1995. Funding for this change order is from Account #168.213.6131.522.8600640.

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

DIVISION AMOUNT

SHERIFF $6,200.00

David and Marilynn Weis/Authorization for the Chairman to sign Change Order one to the Weis's contract for the extension of this agreement pending the County Attorney's approval. The new contract period will be for two months beginning June 1, 1995, and terminating on July 31, 1995, at the rate of $3,100.00 per month. Funding for the two month extension is from Account #001.7073200.521.8300440.

SHERIFF $4,866.62

Joseph Nolette/Authorization for the Chairman to sign Change Order one to the Nolette's contract for the extension of this agreement pending the County Attorney's approval. The new contract period will be for two months beginning June 1, 1995, and terminating on July 31, 1995, at the rate of $2,433.31 per month. Funding for the two month extension is from Account #001.7073200.521.8300440.

Grants/Solid Waste

Approval for Chairman to sign Solid Waste Tire Grant Application request, and to execute the subsequent application and any and all reimbursement requests as needed throughout Fiscal Year 1995/1996.

ADDENDUM NO. 1

Ordinances/Taxes

Approval to advertise a July 18 Public Hearing for an Ordinance to amend Article IV. Occupational License Taxes of the Lake County Code.

Deeds/Rights-of-Way, Roads and Easements

Acceptance of a Non-Exclusive Easement Deed from Alethea Morie for the creation of two lots in Ag zoning off of CR-439 - Commission District 4.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Janet Brady, Eustis, appeared before the Board to ask for the Board's direction, in regards to Tab 44, Wards Chicken Farm (Nania's Egg Farm) CUP, in determining whether this would be the appropriate time for her to speak in behalf of the citizens in the area.

Commr. Swartz explained that it would be the appropriate time for Ms. Brady to speak when Tab 44 comes before the Board for discussion. This particular time would be for those individuals who wish to speak on items that were not on the agenda.

Ms. Glenise Ford, Texas Avenue, Tavares, appeared before the Board and discussed the water situation in the City and the County, after hearing a bulletin on the news telling people not to drink their tap water. She believed it was not only a City problem, but a problem in the County and the State. She discussed the buildings that were being built around the lakes in low ground, and the problems that may appear from this type of construction. Ms. Ford stated that she would write to the Governor, as well as request the Board to look into these problems. She explained the difference in her drinking water and stated that she had someone come and check her water, and he put a water refiner in her home.

Commr. Swartz stated that he discussed Ms. Ford's water problems with Mr. Will Davis, Executive Director, Lake County Water Authority, and he was going to meet with her about these water issues. Commr. Swartz stated that he would be interested in having someone from Environmental Services check into these water problems, so that it could be determined whether someone was telling people that they have bad City water and selling them a filtration system under the wrong pretense. Commr. Swartz recognized Ms. Debbie Stivender, City of Tavares Council member, and encouraged her to look at whatever Ms. Ford was sold and make sure she was not sold a bill or goods, as opposed to pure water.

Ms. Ford explained that she had newspaper articles regarding the water problems throughout the State, and that, after she heard the news, she called the City's Water Department, and no one would talk to her. Ms. Ford explained that she has had some health problems and wondered whether some of these water issues may have contributed to them.

COMMISSIONERS

At 10:55 a.m., Commr. Good returned to the meeting.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/COMMITTEES

Ms. Sue Whittle, Interim County Manager, informed the Board that the Comprehensive Health Care Committee was recruiting another speaker for the Public Forum concerning Teenage Pregnancy, and it would proceed as scheduled.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the request to conduct a Public Forum concerning Teenage Pregnancy sponsored by Comprehensive Health Care Committee on 8/31/95 at Lake/Sumter Community College and signature of request for use of Building Facilities at Lake/Sumter Community College.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ANIMAL CONTROL

COUNTY PROPERTY/TAXES

Mr. Mike Anderson, Director, Facilities and Capital Improvements, addressed the Board and explained that this was the first time that the Department had brought forth deductive change orders to the Board, and in the future, these would be placed on the Consent Agenda. Mr. Anderson explained the two change orders to the Board.

Commr. Swartz made a motion, which was seconded by Commr. Good, to approve the deductive Change Order for Construction Development & Design's contract to construct Animal Control Facility for Sales Tax Recovery items to be purchased directly by the County in order to save on sales tax, with a total estimated savings in the amount of $4,919.

Under discussion, Commr. Swartz commended staff for its work in providing the County with the estimated savings.

Mr. Anderson described the changes that contributed to the savings, as described.

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

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request of a deductive Change Order for Belleview Underground's contract to provide water to potential occupants of Central Park for Sales Tax Recovery items to be purchased directly by the County in order to save on sales tax, with a total estimated savings in the amount of $63,997.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

PLANNING AND DEVELOPMENT

Mr. Paul Bergmann, Senior Director, Planning and Development, addressed the Board to request direction from the Board regarding Joint Planning Area Agreements. Mr. Bergmann explained that there had been a lot of interest shown by the Board, after its Retreat Meeting, on reviewing and revising them. After discussing this issue with some of the key city members, it had been brought to his attention that this was the second or third time this issue had been brought forward for discussion, and therefore, staff was requesting direction from the Board as to the effort it should put forward to implement these at a later point.

Commr. Gerber explained that she had been in contact with Mr. John Baker, the Department of Community Affairs (DCA), and he informed her that he had been in touch with staff and wished to do a workshop with the cities and County on Joint Planning Area Agreements the week of July 17, 1995.

Mr. Mark Knight, Chief Planner, addressed the Board and stated that Mr. Baker had discussed doing a workshop and inviting the cities to attend and participate. Mr. Knight stated that most of the cities were interested in Joint Planning Area Agreements, but were concerned with the control factor, and the fear of losing something by going into the Agreements.

Commr. Swartz discussed the history of the Joint Planning Area Agreements, and the actual significance of them over the years, and stated that there had never been true joint planning between city and County. He stated that, if joint planning areas were really going to work, the County was going to have to do some giving up, in the sense of creating some format where joint planning really occurs in certain designated areas. He further stated that the workshop that was being proposed would be a good start to look at how these agreements were done in other areas. Commr. Swartz stated that, in order to make them work, the County was going to have to recognize some of the utility areas that cities have funded in, or designated, and find a way to work with them. He noted that it would require some sharing of the control.

Commr. Cadwell stated that, over the last several years, the cities have designated their utility service areas, which was going to be a big driving force, but in those areas where the County had encouraged them to do this, because of the developments that had been approved by the Board, the County, in turn, would have to realize it would have to give up some control. He did not see the cities being too concerned, once a work product was produced. He informed the Board that the League of Cities has always encouraged the Joint Planning Area Agreements, but felt the same way that the Board did as far as their relevance.

Mr. Bergmann explained that, as alternatives, staff was looking for an agreement on how issues and disputes could be handled; joint planning to put some urban standards into the Comprehensive Plan; and all staff working together to develop small area studies that would be adopted by the Board, so that, when the cities annex, they would be in compliance.

Discussion occurred regarding the scheduling of a workshop with DCA in the week of July 17, 1995. It was noted that the workshop would be scheduled for July 17, 1995, in the Board Meeting Room, with every city being contacted by letter.

PLANNING AND DEVELOPMENT/ZONING

Ms. Sue Whittle, Interim County Manager, addressed Tab 44, a request for direction regarding Wards Chicken Farm (Nania's Egg Farm) CUP. She stated that this issue was actually a policy discussion. In reviewing the Conditional Use Permits (CUPs), and in reviewing some of the files of CUPs in some current situations, there were a number of petitions from property owners and residents in and around County Road 44A in Lake County. They were asking the Board to direct staff to initiate hearings on an amendment to the Ward Chicken Farm CUP for the purpose of enforcing better control of the fly breeding and odor emanating from the subject egg production facility. The petitioners were the reason that this was before the Board today. Ms. Whittle stated that staff had considered how any CUP of the County could be opened for review, and the Board had a Memorandum from Mr. James Barker, Director, Environmental Management Division, pertaining to this question. Ms. Whittle explained that, in the past, staff had only opened a CUP when it had a valid complaint that had been verified. Then staff would begin the public hearing process, which takes it to the Planning and Zoning Commission, and then to the County Commission, for an amendment or update or revocation, or whatever action taken by those two bodies. In this particular case, staff did not have verified complaints; however, complaints have continued over the years, and there have been a great many of them. The direction being requested by the petitioners was for the Board to direct staff to begin the public hearing process. Ms. Whittle informed the Board that staff has reviewed options to this issue and has completed another position paper, a Memorandum from Mr. Greg Stubbs, Director of Development and Regulation Services, dated June 20, 1995, to determine how staff could best deal with questions of this sort, not only in the short term, but in the long term.

Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services, addressed the Board to review the Memorandum dated June 20, 1995. He stated that staff felt it would be appropriate to amend the Land Development Regulations (LDRs) to include Best Management Practices (BMPs) and require them for both primary and secondary uses of those activities. He noted that this would include Wards as well as other CUPs. He explained that the procedure, to go back into CUPs where there was no real violation, needed to be created.

Commr. Swartz stated that it was important that the Board did not get into detail about the case before the Board, if, in fact, the Board was going to end up dealing with a review of a particular CUP. He stated that this was not the first time the Board had gone through this issue with chickens, flies and odor. He explained that there had been a recent CUP that contained some of the recommended modifications that were being discussed today, but there was a public health safety problem that resulted in excessive flies, excessive odor, and other issues related to public health and safety. The Board was able to get back into a public hearing process where the CUP, in that particular incidence, was modified; additional requirements were placed; and there were no further complaints. Commr. Swartz stated that the Board needed to be cautious about getting into specifics of a particular CUP that may be the subject of a hearing that would be quasi-judicial. He stated that, where there was an outstanding public health safety issue, the Board had a responsibility to come back and look at it and see if it could find ways to resolve it, and that did not necessarily mean revocation.

Discussion occurred regarding having some type of procedure that would allow the Board to handle the matter without getting into an emergency type situation, and some type of procedure that allowed definition of health safety welfare situations.

Commr. Hanson stated that, at the very least, the BMPs needed to be adhered to, whether they were included in the current CUPs or not, and there was also the concern with those who do not have a CUP, and for the same reasons, the County ought to be able to go back in and apply the BMPs to those operations.

Mr. Bergmann stated that the action being suggested by staff included the Board's authorization for staff to set up the procedure, which would allow a grace period of six months for those who were not under the BMPs, or even under a CUP, to come in during that time period to work with staff, and from that point forward requiring a semi-annual, or quarterly review, and the ability, when the BMPs change, to update that requirement in the CUP.

Discussion occurred regarding II. A. Short Range Suggested Action, and the paragraph which referred to "quarterly or semi-annual unannounced review of their CUP". It was noted that staff had done the reviews in the past.

Commr. Gerber stated that, for something like the review of a CUP, the County should not be making it so complicated that the citizens get no action.

Mr. Barker explained that he had met with individuals from the University of Florida (UF), and they would go, free of charge, to any operation the County designated, with the owners permission, and develop a site specific plan for them to submit that would meet what they consider, as experts, current BMPs. He stated that staff was looking for direction from the Board to set up such a procedure.

Ms. Hope Lamb addressed the Board and stated that there were a lot of people in the County might not be in compliance with the County's regulations, because they do not know, for example, how many chickens constitutes a chicken farm, and the Board needed to find a way to let people know. She felt that the Board needed to start with definitions.

Commr. Swartz explained that the Board was talking about the chicken farms that were really significant, and any agricultural industrial operations where you begin to get into problems mixing residential and the agricultural industrial operation.

Ms. Jean Kaminski addressed the Board to discuss the idea of having a procedure to reopen a CUP where there was not violation. She felt that, when the Board gets into the realm of arbitrarily opening CUPs or any other type of agreement that the County has been operating under, it was a very dangerous precedent to start.

Commr. Hanson stated that the Board should be very careful that it does not reach a point where it actually puts a business out of business.

Ms. Debbie Stivender addressed the Board and stated that she was a ex-County employee who had been over the review of CUPs for agricultural uses. She stated that staff may not have had the authority, but if there was a health and safety issue, and she noted that there had been a paragraph, as such, in the CUPs, staff could go out and review them and take the necessary action to resolve the issue. The action might have included getting an injunction, or getting someone from UF to review it, inspect it, and give the County a BMP for the facility and instruct staff as to what it needed to do. Ms. Stivender stated that there were a couple of CUPs that have been in the County before the zoning, and because they have added additional facilities, they have obtained a CUP; otherwise they never would have needed one. They have continued to practice good management skills all of these years as best they can to stay in business. They continue to have inspections, not by staff, but by other governmental agencies.

Mr. Barker referred to Page 2 of his Memorandum, Option 2. Update CUP, and stated that staff needed the consent of the owner and the authority of the Board to do the inspections.

Ms. Stivender explained that the problems started in 1974 when people began moving in and around the chicken farm. She stated that the chicken farm was already there, and it has not violated, even as of today, any regulations. She questioned how the CUP could be opened just because the people that moved in around it do not like it.

Ms. Whittle stated that the petitions that brought this item to the Board asked that the Board direct County staff to initiate hearings on an amendment to the CUP. Staff did not feel, for all of the reasons discussed, that the public hearing process was the best way to address the issue, and that was why staff needed direction. Ms. Whittle stated that the petitions were addressed to the Commissioners, and she felt there was an obligation to bring them forward to the Board and let the Board make the policy decisions. She understood the Board to say for staff to work on a voluntary basis with the owners of CUPs where there may be problems. She stated that she had visited the particular piece of property in question, along with staff, and she did not see anything that day that alarmed them to say this was a health safety issue.

Commr. Swartz stated that it was important that everyone remember to discuss only the process and not a particular project.

Ms. Janet Brady addressed the Board and stated that it was not true that you could not control flies and odor at chicken farms, but unfortunately they were not always controlled.

Commr. Swartz stated that there were complaints that should at least cause staff to go out and try to work with the property owners and get the Institute of Food and Agricultural Sciences (IFAS) here to try and see whether better BMPs could eliminate or reduce some of the fly and odor problems that the County might have with any particular operation. If, at some point, there was not the ability to accomplish this and staff believed there was a public health safety welfare issue, the issue should be placed for advertising and go through the public hearing process review of an existing CUP, or even if a project that did not have a CUP, so that the issues could be dealt with in a public hearing process and remedies placed where appropriate. He stated that staff needed to start out working with the property owner and the people from the University of Florida to try and find practices that would help eliminate the problems that some adjacent property owners seem to be experiencing, and at some point, staff would have to report back to the Board, and then if it comes down to being able to document public safety health and welfare issues, staff would review the existing permits under which they operate.

Ms. Brady stated that her problem dealt with proper enforcement. She stated that she and others have presented testimony to the County Manager of violations of the CUP, which went unfounded many, many times.

Commr. Swartz explained that Ms. Brady was going to put the Board in a real uncomfortable position, if she continued down this course of discussion that dealt with a particular CUP. He did not know if the owner of this particular CUP was present, or represented, and this was not a public hearing under which the Board could take specific actions.

Commr. Good understood that the Board was directing staff to try and work further with the owner to try and develop a BMP that would eliminate the problems, short of going to a public hearing.

Commr. Swartz explained that staff was going to try and ensure that the owner was complying with whatever conditions there were in the CUP, and if there were issues dealing with public safety and health, they would try and work with the University of Florida, the owner and staff to try and find practices that would eliminate, if possible, or reduce, some of the problems being experienced.

Ms. Brady discussed a hearing in 1984, that resulted in several concessions to problems being experienced from a certain CUP.

Discussion occurred regarding the conditions setforth in CUPs, which allow staff to perform complaint based inspections.

Mr. Rolon Reed, Interim County Attorney, noted that the owner of Wards Chicken Farm was not present, and he was not represented by counsel. He stated that this particular CUP had been reviewed by staff, as well the property, and it had been determined that the owner was complying with the conditions of the CUP. If the Board wished to change the requirements, or have more rigorous inspections, or limit the owner's rights, it must be done by public hearing on notice to the owner, and under certain rules of procedure, or everything the Board was asking them to do would be self-defeating, because it denied due process to the owner. He stated that the Board needed to continue to discuss just procedure and no particular place.

Mr. Fred Brady addressed the Board and stated that staff, when performing its on-site review, did not get to see the disposal or distribution of the manure. He explained that manure was being placed around people's homes, and the amount of manure was five times more than what was recommended by the State.

Discussion occurred regarding the necessary action to be taken to initiate the process to have a CUP reviewed. Mr. Barker explained that there would have to be cited violations, and the issue would go to the Planning and Zoning Commission for an update, or it could be done by the direction of the Board. He clarified that this particular case was brought forward, because of the petition to reopen the CUP.

Commr. Swartz explained that the action being discussed was consistent with the action taken by the Board regarding the chicken farm in south Lake County, which was to try and find a way to resolve the problems. He stated that the owner tried to resolve the problems, but the problems continued, and therefore, the CUP was brought back to the Board, and the Board took some very strong action, which resulted in an extreme reduction in the problems that existed. He stated that staff was beginning this process today, to identify issues that exist, and to get a resolution, and if staff could not do this, it would be brought back to the Board through the appropriate public hearing process.

Mr. Barker noted that, after he consulted with the poultry experts, they indicated that they could have a plan developed within four months, if they had the cooperation from Mr. Ward, and the issue could be brought back to the Board within that time frame.

Ms. Brady informed the Board that, when she bought her property, she lived in an area that had a CUP on an intensive agricultural use. She stated that the CUP had certain requirements and specifications in it, and she became aware that they were not being met, but no violations, or deviances from what the owners had agreed to do in the CUP were found, and this has been ongoing for 15 years. Ms. Brady explained that the Board had been presented with a package of information, as well as 43 letters, which could not be acknowledged or reviewed, because of the quasi-judicial process, and stated that it was frustrating that no one would listen to the people who have a totally different view of what was actually happening at the property. She noted that public hearings had been held on this issue in 1979, 1982, 1984 and 1987, and people have complained continuously for all of these years. She further noted that she has pictures, tapes, and testimony to provide on the issue. Ms. Brady stated that, when she bought her property, she relied on the County, which issued the CUP, to enforce the requirements of it.

COMMISSIONERS

At 12:18 p.m., Commr. Gerber turned the Chairmanship over to Commr. Good.

PLANNING AND DEVELOPMENT/ZONING (Continued)

Mr. Steve Richey, Attorney, addressed the Board and noted that he represents 20 or more CUPs across the County, and if, in fact, the discussion today, based on Tab 44, had to do with the Ward's CUP, he was not asked to be here in behalf of those folks. If, in fact, the general discussion was how to deal with all of the CUPs in the County, and how the Board was going to direct staff to deal with those folks, and it affected a substantial number of his clients that were not put on notice based on the Tab presented, so, if, in fact, the Board was taking action and giving direction to staff, he asked the Board to schedule a hearing on the administrative way that the CUPs were going to be handled and let the public know that it was going to be all CUPs, and not have the Tab on the agenda say Ward's Chicken Farm and the submittal behind it talking about Ward's 99.98% of the time. It does not give him the opportunity to present to the Board those CUPs, the conditions of those CUPs, and how he feels they may or may not be administered appropriately, both from our perspective from adjacent property owners perspective, and from the staff's perspective, and that was a concern to him that the Board was setting policy today. He requested that, if the Board was going to change the way the CUPs were being managed and operated and dealt with by staff, the Board would give those dozens of people an opportunity to give it the benefit of their input.

COMMISSIONERS

At 12:22 p.m., Commr. Good returned the Chairmanship to Commr. Gerber.

PLANNING AND DEVELOPMENT/ZONING (Continued)

Mr. Richey suggested that, out of an abundance of caution, when the Board was going to discuss specific items that affect broad ranges of people, that the agenda should specifically state this item. He stated that, if site specific items were going to be brought to the Board for discussion, it would seem, out of the abundance of caution, if the Board knows that an individual was represented by counsel, the Board would give that individual a notice. He suggested that this agenda should be amended to allow those individuals to have the courtesy of a notice, when their rights were being affected substantially, even though the Board does not have a legal obligation to do so. He suggested that the Board consider taking these steps in the future, and that he had no comment on the Ward issue on the agenda.

Commr. Swartz explained that the direction being given was not a change in policy, but perhaps the Board re-guiding staff in the policy that has been used in the past when there has been any issues related to conditional use or other types of conditional permits to go forth. This was the same type of policy used in the past, and there was not change in course, but the Board re-enforcing to staff that this was the direction of the Board.

Commr. Hanson stated that she did not feel that this issue needed a motion, and she felt that staff needed to move forward, as with any CUP, and if there were issues that could not be resolved in a timely fashion, it could be brought back to the Planning and Zoning Commission, or whichever Board was appropriate.

Commr. Swartz stated that he would feel more comfortable with a motion which clearly outlines that the Board expects staff to continue to implement a policy that has been a long established one that goes back to the chicken farm in south Lake County, and with the Board telling staff to take that model and to implement it. He reiterated that this was not a change to policy, but in keeping with what the Board has done in the past. Commr. Swartz stated that, if staff felt there could be some additional language to the LDRs that would codify what has been practiced in a general sense, he would encourage staff to draft those for the Board to review.

Commr. Swartz made a motion, which was seconded by Commr. Good for the Board to instruct staff to follow those policies that have been outlined in the past and try to resolve those issues that were outstanding that were creating any type of public safety health and welfare issue; in the event they were unable to resolve those things, to take the appropriate course through the public hearing process to return those to the Board's attention.

Under discussion, Commr. Gerber stated that she was not going to support the motion, or the course of action, because the Board had totally ignored the work that the people have done in putting this together. She stated that probably the action would be good, if the Board did the public hearing, first through the Planning and Zoning Commission, and then came back with this action.

Commr. Good questioned whether Commr. Gerber would be willing to bring forth a motion that would direct a public hearing based on the evidence that the Board had presently received.

Commr. Gerber explained that, because of the quasi-judicial process, it would have to go through the Planning and Zoning Commission as far as a CUP review, and she could see no problem going through the CUP review and having a public hearing and letting them have their say, and then coming to the Board for a public hearing and letting them have their say again, and then come forth with the action being proposed.

Commr. Swartz explained that the Board was in a different position than it was when it dealt with the other chicken farm, and he noted that it was not quasi-judicial. The Board had been allowed to have information in a different way than it was allowed to have it now, and the outcome from the other issue was exactly the direction that this motion gives to staff. He stated that, if there was a possibility that the Board can resolve the issues, that people who reside in any area around any CUP were experiencing, by working with the property owner on a short time frame, it would be preferable to getting in an adversary relationship right at the very beginning.

Commr. Hanson called for the question, and the motion was carried by a 4-1 vote. Commr. Gerber voted "no".

Ms. Bonnie Roof addressed the Board and explained that two years ago she was in the Board room and there were four of the present Commissioners in attendance. She stated that Ms. Brady came before the Board with the same problem as she did today, and the Board directed staff to look into it and bring back a report, and two years later, after the Board directed staff to come back with a report, there was no report, and Ms. Brady was here before the Board again asking to be heard.

RECREATION/STATE AGENCIES/PUBLIC SERVICES/MUNICIPALITIES

Mr. Craig Willis, Alternative Transportation Specialist, addressed the Board to discuss the request from the Rails to Trails Task Force for the Board to draft a letter to the Florida Department of Transportation (FDOT) requesting that a separated Bicycle/Pedestrian facility be included in all widening projects along US-441. He stated that US-441 would be widened from four lanes to six lanes, and there was a rail abandonment running parallel to the road between the City of Tavares and the City of Leesburg.

Ms. Eloise Fisher, Chairman, Rails to Trails Task Force, addressed the Board and stated that, if Lake County did not show its interest, it may not have this opportunity again. She explained the plans for the widening and stated that this project meets the criteria for getting ISTEA funds. Ms. Fisher hoped that the Board would encourage FDOT to ensure the building of a separated bicycle/pedestrian facility along all widening project of US-441 in Lake County.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the recommendation that came from both the Rails to Trails Task Force and the Lake County Parks and Recreation Advisory Committee, and authorized the Chairman to send a letter to FDOT, and to ask staff to consult with FDOT, to strongly urge them to ensure the building of a separate bicycle/pedestrian facility along all widening projects on the US-441 corridor, especially in the section from Tavares to Leesburg.

ACCOUNTS ALLOWED/RECREATION/PUBLIC SERVICES

Mr. Craig Willis, Alternative Transportation Specialist, addressed the Board to discuss the funding plan and direction for timely funding for the South Lake Scenic Trail. Mr Willis stated that the Board had directed staff to explore the funding for the Trail and a funding plan, and to present the plan to the appropriate departments and groups whose budgets might be affected by the plan. Mr. Willis requested that the Board consider the $65,000 that was needed now to proceed with the title work and the appraisals in Phase 2 of the South Lake Scenic Trail. He noted that the $65,000 would be non-reimbursable, per the multi-party agreement with the Department of Environmental Protection (DEP), Office of Greenways and Trails.

Commr. Swartz explained that the Board had agreed to move forward and enter into the multi-party agreement that committed the County to expenditure of funds, some of which would be reimbursable, some of which would be non-reimbursable. The Board had indicated that it would rely on various sources of revenue. He felt that staff had presented the Board with a funding option which he would support, because it was reasonable. He suggested that the Board use the 60% figure from the Capital Infrastructure Fund; 25% contribution from the Tourist Development tax; and the 15% be funded from the Transportation Trust Fund, or Contingency Fund, as determined by staff. He stated that there had been discussions with the Tourist Development Council (TDC) about some support for the project, but perhaps not sufficient appreciation for the tourism element that Rails to Trails would bring to Lake County. He knew that TDC had funded projects in the past, which the Board had recommended to them, when there was probably less documentation to support and rely on the bed tax. Commr. Swartz encouraged the Board to fund it, as it had been recommended by the staff, and to fund it in the proportions and from the funding that staff had recommended.

Commr. Hanson stated that the figure being presented to the Board was different from the one that came before the TDC. She stated that she had talked to Mr. Willis about it, and that the first figure was $20,000 the first year, and $60,000 over the next three years. She stated that it would be a much more appropriate action to take this back to the TDC, as it was being proposed, for their approval, because this figure had not come before the TDC. Commr. Hanson clarified that the TDC had supported it, but they also wanted backup and information. She stated that the information was not going to be there, because the money that was going to come in for overnight stays would be coming from a three day event, not from the weekend travel through; however, when the County does the eco-tourism study, the bike paths would be a major focus for Lake County and the development of tourism. She would be in favor of it, but would not vote for it at this time without taking it before the TDC.

Commr. Cadwell suggested that the Board go ahead and vote on the request, and to vote to take the $16,250 and the $39,000, and fund it from Capital Infrastructure, but request the TDC to vote on the $16,250.

Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to approve the staff recommendation to fund $65,000, to enter into the multi-party agreement with DEP for greenways and trails, to send with Commr. Hanson the Board's strong request that TDC fund an approximate 25% share of that at $16,250, and that the Board would fund the balance of the $39,000 and the $9,750 out of Capital Infrastructure and Transportation Trust Fund, or associated Contingencies within those funds for future reimbursement.

Under discussion, Commr. Swartz encouraged Commr. Hanson to try and get the TDC involved, because if you look at places that have an extensive trail program, and the more they are expanded, the more the County was going to have people that were going to come and use overnight accommodations.

Commr. Good informed the Board that there was an opinion from the Office of the Attorney General, which stated that this may well be a very good and proper use of these funds.

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

RECESS & REASSEMBLY

At 12:50 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2 p.m.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding the appointment of individuals to the Lake County Cultural Affairs Council.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of the following individuals from District #4 to the Lake County Cultural Affairs Council: Helen C. Mayek; Constance C. Patrowicz; and Suzanne Fisher Staples.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried, the Board approved the appointment of the following individuals from District #1 to the Lake County Cultural Affairs Council, as recommended by the District Commissioner: Chet Blackmon; Janet Valerius King; and George E. Kuhn.