The Lake County Board of County Commissioners met in regular session on Tuesday, October 22, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that Addendum No. 1 had been published prior to the meeting this date.
Commr. Cadwell requested that the reappointment of Commr. Swartz to the Lake Community Action Agency be added to the agenda under Reports.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to add the reappointment of Commr. Swartz to the Lake Community Action Agency to the agenda under Reports.
Mr. Sandy Minkoff, County Attorney, informed the Board that a Closed Session has been scheduled at 2:00 p.m. this date to discuss litigation. It was the consensus of the Board to reschedule the Closed Session from 2:00 p.m. to 3:30 p.m.
PERSONAL APPEARANCES
At this time, Commr. Cadwell introduced Mr. Tommy Hayes, III, Instructor, Umatilla High School, and acknowledged the members of the American Economic Experience and Political Systems class who were in the audience.
Mr. Tommy Hayes, III, Instructor, Umatilla High School, appeared before the Board and explained that the American Economic Experience and Political Systems class provides the students an opportunity to experience a hands on concept with various Boards, and Commission meetings. He stated that the class has created a corporation whereby the class actual runs a business within the class.
At this time, Mr. Hayes recognized the members of the American Economic Experience and Political Systems class who were present in the audience.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ROAD VACATIONS
PETITION NO. 823 AL JENE LEESBURG AREA
Mr. Jim Stivender, Senior Director, Public Services, appeared before the Board to present Road Vacation Petition No. 823 by Al Jene, to vacate road, Silver Lake area, and explained that the road in question was located between two subdivisions that do not utilize the road as ingress/egress nor use it for utilities. He stated that staff recommends approval of the road vacation.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that Ms. Leslie Campione, Attorney, representing Mr. Al Jene, was present in the audience.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
At this time, Mr. Stivender addressed questions from the Board pertaining to this issue.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 823 by Al Jene, to vacate road, Section 14, Township 19, Range 25, Leesburg (Silver Lake) area, Commissioner District 3 - Resolution No. 1996-157.
PETITION NO. 828 BARBARA MORRIS MT. PLYMOUTH AREA
Mr. Jim Stivender, Senior Director, Public Services, appeared before the Board to present Road Vacation Petition No. 828 by Barbara Morris, to vacate alley, Mt. Plymouth area. He discussed the location of said alley, noting that the alley was not being utilized for access to property by owners or utilities and serves no purpose now or in the future.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one presented wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 828 by Barbara Morris, to vacate alley, Section 29, Township 19, Range 28. Mt. Plymouth area, Commissioner District 4 - Resolution No. 1996-158.
FOR YOUR INFORMATION
COUNTY ATTORNEY/ZONING
Revised Vested Rights Determination Regarding Spruce Creek Billboard Site
Lake County determines certain vested rights associated with the property referenced in the Zoning Clearance for Signs approved on May 5, 1992. Lake County will not deny the owner of the subject property, acting in good faith, the right to develop the property in accordance with the Zoning Clearance for Signs approved on May 5, 1992 (i.e., the opportunity to erect a 400 square feet high, wood sign on the subject property). For the purpose of this vested rights determination, acting in good faith shall mean that physical development has commenced within three (3) years from the date of this vested rights determination.
ZONING
It was noted that the following staff members were present for the rezoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; Mr. Paul Bergmann, Planning and Development Services; Mr. Jeff Richardson, Planner II, Office of Development Regulations Services; and Mr. Donald A. Griffey, Director of Engineering, Public Services.
BCC#40-96-2 VARIANCE OF SECTION 9.05.05 W.T. PAUL LIAU/ STEVEN RICHEY
Mr. Donald Griffey, Director of Engineering, Public Services, explained that this request was for a variance of Section 9.05.05 (B) "Minimum Connection Spacing and Median Openings - Other Access Management Techniques", the driveway spacing section of the access management requirements, and noted that the subject site was located south of County Road 474 and West of U.S. Highway 27. He further explained that the Engineering Division has been working with the applicant, Miller Enterprises, to create an overall plan for access to the site in an attempt to avoid creating an isolated corner parcel, and that the applicant was requesting a right-in, right-out connection. At this time, Mr. Griffey displayed on the monitor an aerial map identifying the medium openings on U.S. Highway 27, and discussed the location in which the applicant was requesting a right-in, right-out connection. He stated that, although the proposed spacing for the right-in, right-out connection does not meet the existing or interim standards, it was acceptable to all parties as evidenced by the Joint Use Connection Affidavit. He noted that Public Services was recommending approval of the variance request because the proposal does meet the intent of the Access Management Ordinance. He stated that the owner of the remaining parcel has signed a Joint Use Connection Affidavit indicating that he would not pursue any other connections. Discussion occurred in regard to the appropriate access for the property in question.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one wished to speak in opposition to this request.
Mr. Jimmy Crawford, Attorney, representing Miller Enterprises, appeared before the Board and introduced Mr. Alan Newman, Construction Manager, and Mr. Edward Totten, Development Manager, Miller Enterprises, who were present to address questions presented by the Board.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Gerber discussed the right-out connection and indicated that she would prefer to have the right-out connection removed.
Mr. Crawford explained that the right-in, right out connections were requested by the Florida Department of Transportation (FDOT) and that the original request presented to the FDOT was for a right-in connection only.
Mr. Griffey informed the Board that the applicant has a Notice of Intent to issue a permit.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a request for Variance No. 40-96-2, a variance of Section 9.05.05 (B) "Minimum Connection Spacing and Median Openings - Other Access Management Techniques", the driveway spacing section of the access management requirements, and to eliminate the right-out connection.
PETITION NO. 36-96-3 A TO A-2 PAUL DIDION, JR. ET AL DIDION & SONS FOUNDRY
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that the applicant has requested a thirty (30) day postponement of Public Hearing No. 36-96-3, Paul Didion, Jr. et al Didion & Sons Foundry, a request to rezone property from A (Agriculture) to R-2 (Estate Residential). She noted that the applicant was present in the audience.
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that no one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
Commr. Swartz requested that staff prepare a rationale, based on the Lake County Comprehensive Plan, why this parcel should not have open space and recreation requirements.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the request for a thirty (30) day postponement of Petition No. 36-96-3, a request to rezone property from A (Agriculture) to R-2 (Estate Residential) for development of single family residential home sites.
PETITION NO. 38-96-2 RM TO R-7 JAMES W. BRYAN
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone property from RM (Mobile Home Residential) to R-7 (Mixed Residential) in the Western Shores Subdivision for construction of a single family residence. She displayed on the monitor an aerial photograph (County Exhibit A) of the property. She stated that staff recommends approval to rezone from RM (Mobile Home Residential) to R-7 (Mixed Residential) and that the Planning and Zoning Commission recommended approval of this request.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
Commr. Hanson expressed concern with the concept of requiring the applicant to rezone in cases such as the one before the Board at this time. She stated that the policy should be changed to allow construction of a single family residence without rezoning. Commr. Good made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve a request to rezone property from RM (Mobile Home Residential) to R-7 (Mixed Residential), for construction of a single family residence - Ordinance No. 1996-81.
Discussion occurred in regard to the proposed change in RM (Mobile Home Residential), at which time, Commr. Swartz requested that staff review Lake County's legal notices to determine ways in which to make the notices more precise and easier to understand.
The Chairman call for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PETITION NO. 41-96-4 RA TO A HOWARD & LINDA DOBBS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone property from RA (Ranchette) to A (Agricultural) to allow for a metal barn to remain on the property prior to the construction of a single-family residence. She presented on the monitor an aerial map (County Exhibit A) of the property in question and explained that the applicants obtained a building permit for a single family structure and accessory barn, and that the barn has been built; however, the applicants were waiting to begin construction on their home until their present home was sold. She stated that the request before the Board, at this time, was to allow the barn to remain on the property for storing mowing equipment and building materials. She noted that, in RA (Ranchette) zoning, a barn was not allowed without a single-family home. She stated that staff recommends approval to rezone from RA (Ranchette) to A (Agriculture), and that the Planning and Zoning Commission recommended approval of this request.
Commr. Hanson noted that the parcel in question was not located in the Wekiva River Protection Area, as indicated in the backup material, at which time, Ms. Farrell stated that she would verify the location.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one wished to speak in opposition to this request.
It was noted that the applicants were present in the audience.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
Commr. Hanson stated, for the record, that she had spoken with Mr. Howard Dobbs on a previous occasion. She explained that the applicants were in a zoning that does not allow for mobile homes, and changing the zoning to A (Agriculture) would allow for mobile homes to be placed in the subdivision. She stated that it was inconsistent for the County to require the zoning change to allow for the metal barn.
Commr. Swartz concurred with Commr. Hanson and stated that rezoning from RA (Ranchette) to A (Agriculture) was going in the opposite direction from what the Board has been trying to accomplish. He suggested that the County enter into a Developer's Agreement with the applicants to allow for a metal barn to remain on the property for a specific period of time in lieu of rezoning the property to a situation that would create problems for the whole area.
Mr. Sandy Minkoff, County Attorney, stated that he would recommend against entering into a Developer's Agreement for this purpose, and noted the RA (Ranchette) zoning allows for the placement of a mobile home.
At this time, Commr. Cadwell reopened the public hearing.
Mr. Howard Dobbs, the applicant, appeared before the Board and explained that his lot, and the lot adjacent to his property were not originally a part of the Sunny Acres Subdivision; however, they were grandfathered in, and the property adjacent to him was zoned A (Agriculture).
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to rezone property from RA (Ranchette) to A (Agriculture) to allow for a metal barn to remain on the property prior to the construction of a single family residence - Ordinance No. 1996-82.
PETITION NO. 37-96-2 C-2 AND R-6 TO CFD FIRST BAPTIST
CHURCH OF OKAHUMPKA
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone 5.86 acres along County Road 33 from C-2 (Community Commercial) and R-6 (Urban Residential) to CFD (Community Facility District) for construction of a multi-use church facility. She displayed on the monitor an aerial map (County Exhibit A) and stated that staff recommends approval to rezone C-2 (Community Commercial) and R-6 (Urban Residential) to CFD (Community Facility District), and that the Planning and Zoning Commission recommended approval of this request.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Jimmy Crawford, Attorney, representing First Baptist Church of Okahumpka, appeared before the Board to address questions.
Mr. Bill LaRoux, Pastor, First Baptist Church of Okahumpka, appeared before the Board and explain that the church was in the process of negotiation to purchase a seven (7) acre parcel adjoining the property in question in order to complete Phase I, Phase II, and Phase III.
No one wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Good made a motion, which was seconded by Commr. Swartz, to uphold the recommendation of the Planning and Zoning Commission and approve a request to rezone property from C-2 (Community Commercial) and R-6 (Urban Residential) to CFD (Community Facility District) for construction of a multi-use facility to include the following: Phase I: Multi-use facility for use as a church and school; 18 classrooms; gymnasium/ auditorium; kitchen and cafeteria; several modular buildings for offices and classrooms; Phase II: 20,000 square feet of Worship facility; main auditorium; additional classrooms and offices; Phase III: Softball field; basketball courts and running track - Ordinance No. 1996-83.
Commr. Hanson commended the First Baptist Church of Okahumpka for their ambitious goals.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PETITION NO. CUP96/10/1-2 CUP IN A KAREN BATTISTA
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) to operate a horse stable for boarding and training on approximately a ten (10) acre parcel. She displayed on the monitor an aerial map (County Exhibit A) and stated that there was concern with the existing barn on the site; however, staff recommends approval to rezone to CUP subject to the conditions outlined in the ordinance, and that the Planning and Zoning Commission recommended approval of this request. She explained that the conditions for approval include boarding limited to a maximum of fifteen (15) horses, a maximum of eight (8) training sessions and riding lessons per day, and horse shows that create traffic problems are prohibited. At this time, she directed the Board's attention to A. Land Use, Item 5 of the ordinance and explained that the applicant has an existing agricultural structure on the property. She stated that staff recommends that the applicant be allowed to use the existing structure. She noted the following changes in the ordinance:
B. Setbacks: For all new construction the applicant shall maintain setbacks as outlined in the Lake County Land Development Regulations, as amended, and as approved by the Technical Review Committee.
E. Inspections, Item 1: change "bi-annual" to annual; delete "of $250.00".
F: Development Review: delete section titled "F. Development Review".
At this time, the Chairman opened the public hearing portion of the meeting.
It was noted that the applicant was present in the audience.
No one wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a Conditional Use Permit (CUP) in A (Agriculture), as amended, with changes in E. Inspections, Item 1, and deletion of F. Development Review, to operate a horse stable for boarding and training - Ordinance No. 1996-84.
PETITION NO. 40-96-2 A TO CFD FLORIDA POWER CORPORATION
A.E. & MARY LANGLEY
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone property from
A (Agriculture) to CFD (Community Facility District) for placement and construction of an electrical substation on 3.793 acres located on the east side of U.S. Highway 27 just north of Minneola. She stated that staff recommends approval to rezone from A (Agriculture) to CFD (Community Facility District), and that the Planning and Zoning Commission has recommended approval of this request. She stated that the property in question was located adjacent to the Open Door Baptist Church and that twenty-seven letters have been received in opposition to this rezoning. She displayed on the monitor an aerial map (County Exhibit A) of the site.
In response to a question presented by Commr. Gerber in regard to buffering, Ms. Farrell stated that the landscape buffer would provide the visual screen and site plan review would assure adequate buffering. She displayed on the monitor a Conceptual Landscape Plan (County Exhibit B).
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Richard Langley, Attorney, representing the applicant, appeared before the Board and stated that the property in question was zoned A (Agriculture), however, has not been used for agriculture and has not received an agriculture exemption for tax status since 1989. He stated that it has been determined that the substation was needed and that the subject property was the most practical and suitable site for the substation. He briefly discussed the numerous commercial businesses in the surrounding area, the suggested negative effect of the electrode magnetic field (EMF), and illustrated on the aerial map (County Exhibit A) the location of high transmission power lines in place at this time that carry 138,000 volts of transmission.
Mr. Richard Noble, Florida Power Corporation, appeared before the Board and explained that Florida Power Corporation has regional substations located approximately 3 1/2 miles south and 3 1/2 miles north of the property in question, and that present and future growth requires Florida Power Corporation to fill in the distance between the two regional substations that are currently serving power to the area.
Mr. Ray Gilley, Area Manager, Florida Power Corporation, appeared before the Board and stated that the substations were regional in nature, but become site specific in terms of the most efficient and economical location.
Ms. Susan Malatino, Florida Power Corporation, appeared before the Board to make a brief presentation on the proposed substation and explained that less than twenty-five (25%) percent, or approximately one acre of the site, would be developed. She explained that the improvements to the parcel include a 170 foot by 225 foot fenced area within which the unmanned electrical equipment would be located, and the substation would be located 130 to 150 feet south of the property while maintaining the front setbacks. She stated that the purpose of the substation was to assure that the current level of reliable electric service is maintained in the growing area, and that the future needs of the area are determined through the review of existing facility demands, area growth patterns and service reliability. She briefly discussed the process in which Florida Power Corporation selects a site that best meets the needs of the neighborhood for current and future electric service requirements. She noted that all property owners surrounding the site were contacted by Florida Power Corporation, and Pastor Bruce Steward has discussed with Florida Power health concerns regarding electric and magnetic fields and impacts of the substation on surrounding properties. At this time, she discussed the Conceptual Landscape Plan; and presented a colored rendering of the Taunton Road Substation (Applicant's Exhibit 1), a facility similar to the proposed substation. She stated that this request was not in conflict with the Lake County Comprehensive Plan or the Land Development Regulations. The request was consistent with existing and surrounding site uses and would not place any excessive demands on public facilities nor adversely impact the natural environment, and the surrounding property values. She requested that the Board approve the request to rezone from A (Agriculture) to CFD (Community Facility District).
RECESS & REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:35 a.m.
ZONING (CONTINUED)
PETITION NO. 40-96-2 A TO CFD FLORIDA POWER CORPORATION
A.E. & MARY LANGLEY
Pastor Bruce W. Steward, founding Pastor, Open Door Baptist Church, appeared before the Board in opposition to this request on behalf of the Open Door Baptist Church congregation and requested that the Board not grant rezoning for the proposed substation. He stated that Florida Power Corporation has indicated that other options were available for consideration. He discussed the present and future growth of the Open Door Baptist Church and stated that the Letters of Incorporation grant the Open Door Baptist Church the provision for a christian day school, high school, and a four year college. He discussed aesthetics and compatibility, deprivation of property values, and health issues connected with drain-off and the electric and magnetic fields.
Mr. Dennis L. Horton, Attorney, representing the Open Door Baptist Church, appeared before the Board to express objection to this rezoning on his own behalf, and on behalf of his client. He discuss his concern with aesthetics, deprivation of property values, compatibility, and safety. At this time, Mr. Horton presented eleven photographs (Opposition's Exhibit 1), which illustrated the location of the church property, the proposed site for the substation, and Florida Power substations at various locations. He respectfully requested that the Board of County Commissioners deny the request to rezone the property from A (Agriculture) to CFD (Community Facility District).
Mr. Brian Richard Camp, a deacon of the Open Door Baptist Church, Head of Maintenance, appeared before the Board in opposition to this request and stated that his family's residence was located on the church property approximately 350 feet from the proposed substation site. He expressed the following concerns in regard to a substation placed on the property in question: 1) Bleed off from the 69,000 or greater voltage; 2) effects from the magnetic field; 3) possible explosions and fires from transformers; 4) increased lightning attraction causing possible damage to the well for his residence; and 5) safety of the children who attend Open Door Baptist Church. He requested that the Board take into consideration his concerns and vote to deny the rezoning of this property.
Mr. Noble reappeared before the Board to address questions and concerns and explained that the distribution lines would be located underground, and the transmission lines entering the substation would run along side the driveway on the extreme south end of the site. He briefly discussed other possible sites and noted that the site in question would allow for a greater buffer to adjoining properties. He stated that the proposed fencing was six (6) feet high with one (1) foot of barbed wire, which meets the national electric safety code requirements, and the substation would be built in phases as the growth and electric demands increase.
Commr. Gerber discussed electric and magnetic field emissions (EMF) and requested that Florida Power Corporation enter into an agreement that would require monitoring yearly measurements of the EMF emissions. Mr. Noble responded that the requirement for annual EMF measurements could be added to the conditions of the ordinance.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Good expressed concern with the proposed buffering, incompatibility with the surrounding land uses, and adverse impacts on the surrounding property values. He stated that he would support denial of this rezoning.
Commr. Swartz concurred with Commr. Good's assessment and stated that the Open Door Baptist Church would be expanding to include a school and other activities in the future. He stated that the Lake County Comprehensive Plan addresses location of institutional/facility development in less intense land use and permits utility facilities in the less intense land use categories only when such development provides regional services, or is incompatible with urban uses or serves the existing needs of the immediate area in which it is located. He stated that he would support denial of this request.
Commr. Hanson stated that this request indicates major problems in the regulations, and noted that this rezoning leaves a piece of property that is not suitable for agriculture, does not meet the commercial locational criteria, is not appropriate for residential due to expansion plans for U.S. Highway 27, and regulations do not allow residential professional. She stated that most transmission substations are not pleasing to the eye and that this request brings forth the need to address the issue because there will continue to be a need for substations. She stated that, if she were to vote for approval of this request, she would require adequate buffering, an eight (8) foot wall, yearly emission testing, and locating the substation on the far south side of the property.
Commr. Gerber stated that the parcel in question was a difficult parcel to deal with because it does not meet commercial locational criteria, and is in urban expansion. She stated that, if she were to vote for this request, she would require an eight (8) foot wall, or six (6) foot fence with fifteen (15) foot trees, yearly emission monitoring, and locating the substation on the south side of the parcel.
Commr. Cadwell stated that it would be easier to address this issue if the Open Door Baptist Church had no future plans to expand. He expressed concern that the church property runs across a portion of the rear of the substation property and stated that he was not comfortable approving this rezoning.
Commr. Good made a motion, which was seconded by Commr. Swartz, to overturn the recommendation of the Planning & Zoning Commission and deny a request to rezone property from A (Agriculture) to CFD (Community Facility District) for placement and construction of an electrical substation.
Commr. Swartz stated, for the record, that he has reviewed the Findings of Fact prepared by staff. He discussed the extent to which the proposed rezoning was inconsistent with existing and proposed land uses, the extent to which the proposed rezoning would adversely affect property values, and the extent to which the proposed rezoning would result in an orderly and logical development pattern. He encouraged Florida Power Corporation to project as far into the future as possible to allow for orderly and logical development.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Hanson voted "No".
RECESS & REASSEMBLY
At 11:58 a.m., the Chairman announced that the Board would recess for lunch, and reconvene at 3:30 p.m.
REPORTS
COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, presented the Settlement Agreement in the case of Condev Orlando U.S. Hwy. 17 Ltd. v. Lake County and explained that a special master proceeding was held on September 25, 1996, at which time the parties reached the settlement before the Board at this time. He stated that the original vested rights determination letter was issued on July 1, 1996 granting common law vesting with time limitations upon which the common law vesting would remain valid. He stated that this project was in compliance with the Lake County Comprehensive Plan, and the vesting was limited to concurrency issues.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, distributed to the Board a summary of the vested rights determination letter, dated July 1, 1996.
In response to a question presented by Commr. Swartz, Mr. Minkoff explained that vested rights determination letters include time limitations for development to begin, to continue in good faith, and to be completed, and the time of beginning and completion becomes a focal issue in many of the special master cases. He explained that, in this case, there was not a concurrency issue because the roadway has plenty of capacity; however, there was concern that the roadway may not have the level of service necessary under the Lake County Comprehensive Plan to continue development.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Settlement Agreement in the case of Condev Orlando U.S. Hwy 27 Ltd. v. Lake County.
ADDENDUM NO. I
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Becki McPherson to the Code Enforcement Board representing the category of "realtor" for a three year term expiring on October 31, 1999.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Bonnie Roof to the Code Enforcement Board representing the category of "business person" for a three year term expiring on October 31, 1999.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Mr. Clarence Tibbs to the Code Enforcement Board representing the category of "contractor" for a three year term expiring on October 31, 1999.
REPORTS (CONTINUED)
COMMISSIONER SWARTZ - DISTRICT NO. 3
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0, the Board approved to add to the agenda consideration of appointments of individuals to the Charter Development Committee.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Pat Leonard to replace Ms. Charlene Foster on the Charter Development Committee.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Mr. Jim Myers to replace Mr. Michael O'Reilly on the Charter Development Committee.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
Commr. Hanson brought up for discussion County participation in a three-day WorldClass Academy to be held on November 7, 8, and 9, 1996.
Commr. Cadwell suggested that a Commissioner representing the Board of County Commissioners attend the three-day WorldClass Academy.
It was the consensus of the Board that the Commissioners who wish to participate may do so, and each Commissioner would be responsible for the $500 per person participation fee.
ORDINANCES/PLANNING
Commr. Hanson brought up for discussion the elimination of the proposed draft Lake County Wetlands Ordinance and noted that the elimination of said ordinance was an effort to streamline. She commended Ms. Sharon Farrell, Senior Director, Growth Management, staff, and Commr. Gerber for their efforts in this endeavor.
Mr. Sandy Minkoff, County Attorney, explained that the state preempted the definition of wetlands and wetlands regulations; therefore, the County cannot have a different wetlands definition from the state definition.
Commr. Gerber stated that the St. Johns River Water Management District has no problem with enforcement of water wetlands issues because the Water Management District only permits the larger activities. She noted that the Department of Environmental Protection permits five (5) acres or less, and that the problem has been the lack of coordination between the different agencies.
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the reappointment of Commr. Swartz to the Lake Community Action Agency as a representative of the Board of County Commissioners.
CLOSED SESSION
COUNTY ATTORNEY/COMMISSIONERS
At 4:05 p.m., Commr. Cadwell announced that the Board would go into a closed session. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber; and Commr. G. Richard Swartz, Jr. Others present were as follows: Sanford M. Minkoff, County Attorney, and Sue Whittle, County Manager.
Mr. Sandy Minkoff, County Attorney, indicated that a court reporter was present recording the session, and that the sound system and video system would be shut off at this time.
At 4:45 p.m., the Chairman reopened the October 22, 1996 Board of County Commissioners regular meeting and announced that the closed session, which lasted approximately 45 minutes, was now terminated.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:46 p.m.
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WELTON G. CADWELL, CHAIRMAN
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JAMES C. WATKINS, CLERK
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