The Lake County Board of County Commissioners met in regular session on Tuesday, February 27, 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; and Rhonda H. Gerber. Commissioner G. Richard Swartz, Jr. was not present due to another commitment. 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 distributed prior to the start of the meeting.
Commr. Good requested permission to present a resolution, in regard to the natural and economic value of Lake Apopka, under Reports.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved to add a resolution, in regard to the natural and economic value of Lake Apopka, to the agenda under Reports.
Commr. Swartz was not present for the discussion or vote.
MINUTES
Regarding the Minutes of January 30, 1996 (Special Meeting), Ms. Sue Whittle, County Manager, reported that Dr. Robert Westwick has informed her that Lake Sumter Community College would be scheduling one Board of County Commissioners meeting one evening on the weekend.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of January 30, 1996 (Special Meeting), as presented.
Commr. Swartz was not present for the discussion or vote.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of February 8, 1995 (Special Meeting), as presented.
Commr. Swartz was not present for the discussion or vote.
COMMISSIONERS
Commr. Cadwell noted that Commr. Swartz was absent from the meeting this date to attend a Workforce Involvement meeting in Tampa, Florida, as a representative of the Lake County Board of County Commissioners.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 2, approval and authorization for the Chairman to execute a Relocation/Lease Agreement between Lake County and Sunnyside Plaza, in Clermont, be pulled from the consent agenda.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved the following requests with the exception of Tab 2:
Contracts, Leases & Agreements/Subdivisions
Request acceptance of Developer's Agreement between Lake County and The Plantation at Leesburg Limited Partnership for the issuance of no more than three building permits (for models in Pod "N") prior to the acceptance and recordation of the Final Plat, Pod "A" and "N" - 172 units in Section 26, Township 20, Range 24 - Commissioner District 2.
Ordinances/Subdivisions/Zoning
Request for approval of amended Rezoning Ordinance 29-93, Leisure Communities.
Commr. Swartz was not present for the discussion or vote.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ROAD VACATIONS
PETITION NO. 812 JOE SWIDERSKI LEESBURG AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 812 by Joe Swiderski to vacate street, Silver Lake Estates, and explained that there was a concern regarding the egress and ingress to the property owners on the south side of the railroad; however, research has indicated that all of the property owners, with the exception of Edward and Joanne Zimmerman, have ingress and egress. He stated that he has been provided a certified copy of the recorded document that indicates that a private access easement has been provided to the Zimmerman's.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
It was noted that Mr. Jimmy Crawford, Attorney, representing the applicant, and Mr. Bill Farner, Engineering Surveyor, Farner-Barley & Associates, were present in the audience.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved Road Vacation Petition No. 812 by Joe Swiderski to vacate street, Silver Lake Estates, Section 23, Township 19, Range 25, Leesburg area - Commissioner District 1.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. 813 JOE GODFREY, JR. LEESBURG AREA
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 813 by Joe Godfrey, Jr. to vacate road, Silver Lake Estates. He stated that the property owners have been notified by registered mail, and no letters have been received in opposition to this request.
At this time, the Chairman open 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. Gerber, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved Road Vacation Petition No. 813 by Joe Godfrey, Jr. to vacate road, Silver Lake Estates, Section 14, Township 19, Range 25, Leesburg area - Commissioner District 3.
Commr. Swartz was not present for the discussion or vote.
ZONING
At this time, the oath was administered by the Deputy Clerk to Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services; Mr. Paul Bergmann, Senior Director, Planning and Development Services; Mr. Jeff Richardson, Planner II, Office of Development Regulations Services; and Donald A. Griffey, Director of Engineering, Public Services.
PETITION NO. #3-96-2 A TO C-1 & R-3 MARLIN DETWEILER, TRUSTEE OF MINI-OMNI LAND
Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, directed the Board's attention to a letter dated February 14, 1996, from Mr. Jimmy Crawford, Attorney, representing the applicant, requesting a thirty (30) day continuance. She noted that counsel representing those in opposition to this request was present in the audience.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board to discuss the request to postpone Petition #3-96-2 for thirty days to allow additional time to address concerns and collect data regarding the traffic impacts of the proposed project. He stated that the applicant had no objection to an evening public hearing to accommodate those who wished to attend.
Ms. Leslie Campione, Attorney, representing individuals who live within a 1.25 mile radius of the property in question, appeared before the Board and stated that her clients were requesting that consideration be given to a 6:00 p.m. hearing to accommodate those who work and find it difficult to attend a day meeting. At this time, Ms. Campione filed a Notice of Appearance.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved a request for a continuance of Petition No. 3-96-2, Marlin Detweiler, Trustee of Mini-Omni Land, until April 2, 1996 at 6:00 p.m.
Commr. Swartz was not present for the discussion or vote.
BCC#10-96-1 VARIANCE OF SEC. 9.05.06 JUDITH K. BAKICH (CHILI'S)
Mr. Don Griffey, Director of Engineering, Public Services, explained that this request was for a variance from the driveway spacing section of the access management requirements, in Section 9.05.06 of the Lake County Land Development Regulations, for a Chili's Restaurant to be located on U.S. Highway 441 between 84 Lumber Company and Furniture Country USA. He explained that the request was to use the existing driveway spacing rather than utilize existing cross-access easements from the adjoining properties. He stated that staff recommends denial of the variance because the proposed access connection does not conform with the minimum spacing requirements as specified in Section 9.05.05(B) of the Lake County Land Development Regulations. At this time, he displayed on the monitor an aerial map, and a preliminary layout (County Exhibit 1) of the property in question and discussed the cross access easement connection from Furniture Country USA and 84 Lumber Company. At this time, Mr. Griffey displayed four (4) photographs of the location in question (Applicant's Exhibits C-F). Mr. Griffey stated that language has been drafted to modify the spacing standards for an adjustment to the Land Development Regulations and, if this request fell under the drafted language, staff would recommend approval of a variance.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Frank Gaylord, Attorney, representing the applicant and Chili's, appeared before the Board; at which time the oath was administered to Mr. Kevin B. Connell, Brinker International; Mr. R. J. "Jay" Davoll, P.E., Traffic Planning & Design, Inc.; and Ms. Ann Marie Eustace, Interplan Practice.
Commr. Hanson stated, for the record, that she had a brief telephone conversation with Mr. Frank Gaylord on the issue of the variance before the Board at this time and that said conversation would not prejudice her vote in this matter.
At this time, Mr. Gaylord presented a Site Dimension Plan (Applicant's Exhibit A), on the monitor and explained that the applicant was requesting that the Board approve an existing access point and that the County's Access Management Ordinance provides that each individual site must be assessed for access management. He explained that the applicant was requesting permission to use one access point for two (2) parcels; and it would, therefore, fall within the joint use connections.
Mr. Kevin B. Connell, Brinker International, appeared before the Board, and it was noted that Mr. Connell had been previously sworn in by the Deputy Clerk. Mr. Connell explained that they were seeking to locate a Chili's Restaurant on the property in question and were proposing to demolish an existing building and improve the existing condition of the site. He discussed the operation of the Chili's Restaurant, and the positive impact of said restaurant to the area. He explained that they were proposing to construct a Proto Type A building consisting of 5,700 square feet with 120 parking spaces. He stated that, from a design criteria standpoint, Chili's requires visibility from major traffic corridors and direct access, and requested the Board's consideration and approval of the variance request as the access was necessary to meet the design criteria for this specific site.
Ms. Anne Marie Eustace, Permits and Development Manager, Interplan Practice, Inc., appeared before the Board, and it was noted that Ms. Eustace had previously been sworn in by the Deputy Clerk. At this time, Ms. Eustace presented a Plat of Survey (Applicant's Exhibit B) on the monitor and discussed the need for the proposed driveway, and the corporate criteria to have direct access. She stated that one of the concerns was out-of-site visibility for west bound traffic, and noted on the survey that the 84 Lumber Company property extends seventy (70) feet beyond the front property line of Chili's. Ms. Eustace presented four photographs (Applicant's Exhibits C-F), which illustrated the location of 84 Lumber Company in relation to the proposed site. She stated that the seventy (70) foot setback creates a geographical hardship for Chili's and, therefore, they are requesting a variance.
Mr. Jay Davoll, P.E., Senior Transportation Engineer, Traffic Planning and Design, Inc., appeared before the Board, and it was noted that Mr. Davoll had been previously sworn in by the Deputy Clerk. He discussed the cross access easement utilizing 84 Lumber Company and Furniture Country USA and stated that cross access easements were detrimental when using said easements as major access points for a site. He discussed "right in" and "right out" access to the proposed driveway and noted that there would not be a median opening. He stated that there would be approximately 2,700 trips per day coming to the proposed site and access across adjoining properties would not be an ideal situation.
Mr. Steve Richey, Attorney, representing Furniture Country USA, appeared before the Board and stated that Mr. Larry Swor, owner of Furniture Country USA, was present in the audience. He discussed cross access easement through Furniture Country USA, and a concern that retail and other uses were not always compatible, which results in a problem with liability insurance. He expressed concern with the increased volume of traffic going through Furniture Country USA and requested that the Board not magnify the problem of cross access by not approving the request for a variance this date.
No one present wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
Mr. Griffey presented a sketch of the site (County Exhibit 5) and discussed the location of the cross access provided between Chili's, 84 Lumber Company, and Furniture Country USA. He explained that a developer's agreement with Furniture Country USA addresses the cross access easement and requires that, at such time that the Chili's site develops, a cross access easement would be provided. He explained that it would be the responsibility of Chili's to make the connection on their site and onto the property of Furniture Country USA within the easement that connects to their existing pavement. He stated that the sketch was an alternative that would help to segregate the traffic that was going into 84 Lumber Company and the Chili's site. At this time, Mr. Griffey presented a copy of Table 9.05.05(B) (County Exhibit 6) on the monitor and discussed the Level of Service and speed limit on U.S. Highway 441.
Commr. Cadwell stated that access management was very important to U.S. Highway 441 and that the variance for a driveway on the proposed site would not cause any significant problem. He stated that he would support the request for a variance.
Commr. Hanson stated that she was in support of this request because it was not a major change from what was currently in place.
Commr. Gerber stated that she would support the driveway if there was a requirement in writing indicating that the cross access easements would be paved. She expressed concern with the manner in which the driveway would affect capacity; at which time, Mr. Griffey explained that one driveway would represent a very small percentage decrease in capacity.
Commr. Good stated that the proposal brought forward by Mr. Griffey maximizes the ingress through the median cut and that he would not support the request for a variance because of future changes on U.S. Highway 441 by the Florida Department of Transportation.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 3 - 1 vote, the Board approved Petition No. BCC#10-96-1, a request for a variance of Section 9.05.06 of the Lake County Land Development Regulations to use the existing driveway spacing rather than utilize an existing cross access easement from adjacent properties - Ordinance No. 1996-14.
Commr. Good voted "No".
Commr. Swartz was not present for the discussion or vote.
RECESS & REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would recess for 10 minutes, and reconvene at 10:25 a.m.
PETITION NO. CUP#512A-3 CUP IN A CUYLER LEON LANIER
Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this was a request to add additional acreage to CUP#512-3 to add nine (9) holes to an executive golf course. She explained that, in March of 1976, the Board approved CUP#512-3 to construct and operate a nine (9) hole executive golf course, and an additional nine (9) holes were constructed for a total of eighteen (18) holes. She explained that recent legal and zoning research has revealed that the subject golf course had never received formal approval to add the additional acreage to the golf course. At this time, she displayed on the monitor two photographs (County Exhibits 1 and 2) and stated that the request this date was to correct the zoning ordinance, and to add the additional acreage. She stated that language has also been added by Environmental Management requesting that specific environmental concerns be addressed through the Technical Review Committee and that a chemical management plan be submitted. She stated that staff recommends approval of the CUP (Conditional Use Permit) in A (Agriculture) and that the Planning and Zoning Commission recommends approval.
Commr. Hanson stated, for the record, that she has discussed this process with Ms. Artimesa Barringer.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one wished to speak in opposition to this request.
The applicant was not present in the audience at this time.
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 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to amend an existing CUP (Conditional Use Permit) in A (Agriculture) to reflect an additional nine (9) holes that were constructed to an executive golf course - Ordinance No. 1996-15.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. MSP#96/2/2-2 MINING SITE PLAN IN A
HAWTHORNE PROPERTIES
Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this request was for approval of a Mining Site Plan in A (Agriculture) zoning for the excavation of materials for a future subdivision in the Rural Conservation land use category. She directed the Board's attention to communication from Ms. Rebecca Jetton, Planning Manager, Green Swamp Area of Critical State Concern, dated February 8, 1996, indicating that Ms. Jetton had no objections to the mining site plan. She stated that staff recommends approval of a Mining Site Plan in A (Agriculture) for excavation, and the operation of a sand mining facility and that the Planning and Zoning Commission recommended approval.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and introduced Mr. Ted Wicks, Wicks Consulting Services, Inc., who would be providing testimony this date. At this time, the oath was administered to Mr. Ted Wicks by the Deputy Clerk. Mr. Richey entered into evidence a booklet titled Mining Site Plan Bishop & Buttrey, Inc. Proposed Excavation Project (Applicant's Exhibit A).
Mr. Ted Wicks, Wicks Consulting Services, Inc., appeared before the Board and addressed questions and provided testimony on the information contained in the Mining Site Plan Proposed Excavation Project. He testified that the project was a seven (7) lot subdivision with construction plans approved by Lake County and that a bond had been posted to build the improvements as set forth on the construction plans. He explained that approximately 800,000 yards of material would be extracted on the eighty (80) acre project, and the bond was in place to protect the County on the construction of the internal improvements for the subdivision and for the reclamation of the project. He briefly discussed the Hydrogeologic Report, the Environmental Report, and the Reclamation Plan. He testified that Ms. Rebecca Jetton, Planning Manager, Green Swamp Area of Critical State Concern, has indicated that she had no objections to the plan. Mr. Wicks displayed a Preliminary Plat of the Pot-of-Gold Subdivision (County Exhibit B) on the monitor and provided testimony on same.
Mr. Richey stated that Mr. Hawthorne, the property owner, and Mr. John Buttrey, Bishop & Buttrey, Inc., were present in the audience to address questions presented by the Board.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a Mining Site Plan in A (Agriculture) for excess excavation of materials for a future subdivision - Ordinance No. 1996-16.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. 5-96-2 A TO PUD VIRGINIA DIO/PACIFIC ACE CORPORATION
Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this request was to rezone 376 acres in A (Agriculture) to PUD (Planned Unit Development) in the Urban Expansion land use category. She stated that staff was recommending approval to rezone to Planned Unit Development with waivers and conditions as requested by the applicant; and the Planning and Zoning Commission has recommended approval of this request. She stated that the applicant has agreed to 653 units at a minimum lot size of 50' by 105'.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
It was noted that Mr. John H. Percy, Glatting, Jackson, Kercher, Anglin, Lopex, Rinehart, Inc., the applicant's representative, 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.
Ms. Farrell stated that the proposed open space requirements for the project, as a residential PUD, would be twenty-five (25%) percent or 94.2 acres of open space through the preservation of wetlands, and discussion occurred regarding the maximum number of lots based on acres available for development. In response to a question presented by Commr. Good, Ms. Farrell directed the Board's attention to a letter from Lake Groves Utilities, Inc., dated January 22, 1996, indicating that Lake Groves Utilities would provide water and wastewater service to the property in question.
At this time, Mr. Ross Pluta, Engineer II, Public Services, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Ross stated that seventy (70) to eighty (80) percent of the site was located within the flood zone and development of the property would require alteration of the wetlands in order to provide access to the proposed Planned Unit Development. He stated that construction would be required to meet the elevation design criteria for building in the flood zone.
Discussion continued in regard to the number of allowable residential units, and Ms. Farrell stated that the calculations were subject to change until all studies have been completed. She confirmed that, if the project were to move forward, the applicant was aware that the review would be made in the Technical Review Committee, and the number of units may be reduced due to design restrictions based on the requirements of the Lake County Land Development Regulations and Lake County Comprehensive Plan.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to rezone 376 acres in A (Agriculture) to PUD (Planned Unit Development), and waivers, as follows:
1. Land Development Regulations, Appendix, Transportation Planning, Design, and Construction Standards, Section III, Design Standards, Paragraph B(1). A variance to allow selected existing trees or newly planted trees in the right-of-way to remain.
2. Land Development Regulations, Appendix A, Transportation Planning, Design, and Construction Standards, Section II, Design Standards, Paragraph C(5)(b), Horizontal Curves. A variance of the requirement of a one hundred (100') foot tangent between curves for a neighborhood street to 0' tangent between reverse curves.
Commr. Swartz was not present for the discussion or vote.
PETITION NO. 96/2/1-2 CUP IN A BENJAMIN HOLMES/TERRY PARLIER
Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that this was a request for a CUP (Conditional Use Permit) in A (Agriculture) zoning to establish a facility for rendering and processing of harvested nuisance alligators on the site. Ms. Farrell stated that Terry Parlier was purchasing the property in question subject to the rezoning. She displayed on the monitor a site drawing (County Exhibit A) and explained that Mr. Parlier was a Nuisance Alligator Trapper contracted by the Florida Game and Freshwater Fish Commission. She stated that staff recommends approval for a CUP (Conditional Use Permit), and that the Planning and Zoning Commission recommends approval for use of the site for the rendering and processing of harvested nuisance alligators. She noted that letters in opposition to this request have been received from neighbors in the area. She explained that the Ordinance states that the processing of nuisance alligators shall be contained in an existing barn located on the site, an inspection would be conducted annually by the Code Enforcement Division, and that the applicant shall provide to Lake County a copy of an annual contractual agreement with the Florida Freshwater Fish and Game Commission.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
Mr. Terry Parlier, the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Parlier explained that he has been contracted with the Florida Freshwater Fish and Game Commission for ten (10) years to destroy nuisance alligators. He stated that he was not paid for the service; however, he does harvest the hide and meat which is sold in an overseas market created off-premises. He noted that the remnants of the carcass was collected by Griffin Industries.
At this time, Ms. Farrell displayed on the monitor a photograph of the barn (County Exhibit B) to be used as the processing facility.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning for a CUP (Conditional Use Permit) in A (Agriculture) to use the site for rendering and processing of harvested nuisance alligators.
Commr. Swartz was not present for the discussion or vote.
PLANNING
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
Ms. Sharon Farrell, Interim Director, Office of Development Regulations Services, explained that Amendment to the Lake County Land Development Regulations, Appendix E, Sections 3.00.01(C)(8), 3.00.02, 3.00.04, 3.01.03, 3.02.05, 3.02.09, 3.04.00, and 3.10.00 of the Lake County Land Development Regulations to rename the R-8 zoning district to R-7; deleting 3.01.04(7)(B)(2), which required the minimum horizontal dimensions of the main body of a mobile home in R-8 (R-7) to be not less than 20 feet; providing for inclusion in the Lake County Code; providing for severability; and providing for an effective date, has been postponed and would be rescheduled April 2, 1996 at 5:05 p.m.
Mr. Sandy Minkoff, County Attorney, noted that this request had not been advertised for the meeting this date; however, the first hearing would be advertised for a meeting in March, and the final public hearing would be advertised for April 2, 1996 at 5:05 p.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
PURCHASING/COUNTY POLICIES/CONTRACTS, LEASES & AGREEMENTS
Ms. Kelly Adams, Purchasing Manager, appeared before the Board to present the approval and execution of the Contract Administration Policy. She explained that the Contract Administration Policy was for the purpose of establishing a formalized policy relative to the proper processing of contracts which are entered into by the Board of County Commissioners from initiation through a final closeout. She further explained that the policy contains definitions and references in regard to Florida Statutes and directives that incorporate good contract administration procedures and guidelines.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for formalization and standardization of the Contracts Administration Policy and Procedures.
Commr. Swartz was not present for the discussion or vote.
ACCOUNTS ALLOWED/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to present the request for authorization to award a Design-Build contract for the construction of an Employee Breakroom and Scale House.
Mr. Gary Debo, Construction Contracts Manager, appeared before the Board to discuss the Design/Selection Committee Report for the Employee Breakroom and Scale House. He stated that the Design/Selection Committee received proposals from the Design/Build firms of Scheveling Construction Company and Central Design Group, Inc.; Construction Development and Design Company with Rispoli-Sosa Design Group; and Hunter-Nelson, Inc. and Unroe Engineering. He discussed the ranking of the above noted firms and stated that the Design/Selection Committee recommends award of the Design/Build Contract for the Lake County Employee Breakroom and Scales House, Project No. P-6-5-06, to the team of Construction Development & Design Company and Rispoli-Sosa Design Group, Inc. based on the selection process, and the total design/build project costs, in the amount of $356,364.00, which includes a raised Employee Breakroom wall height, loading dock, scale canopy and dock canopy.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, the Board approved a request to award a Design-Build Contract for the construction of an Employee Breakroom and Scale House; and approval to transfer, encumber and expend funds in an estimated amount of $356,364.00; subject to final review and approval by the County Attorney.
Commr. Swartz was not present for the discussion or vote.
At this time, Mr. Post expressed appreciation to Commr. Good for his service and support on the Solid Waste Committee and to Commr. Gerber for the smooth transition. Commr. Good recognized the Solid Waste Advisory Committee for their efforts and input on the above noted project.
PLANNING/ZONING
At this time, the Board acknowledged issuance of the following vested rights determinations:
1) Top of the Hill Subdivision - Revised Determination Issued 1/17/96. Lake County determines certain vested rights associated with Top of the Hill Subdivision. Lake County will not destroy the right of property owner, acting in good faith upon governmental acts, to develop the fourteen (14) lots associated with the preliminary plat approved by the Board of County Commissioners on September 17, 1991. Notwithstanding granting vested rights for the fourteen (14) lots, the property owner shall comply with all applicable policies and land development regulations adopted by the County unless such policies and land development regulations deny the property owner the right to develop the fourteen (14) lots identified on the preliminary plat approved by the Board of County Commissioners. Notwithstanding vested rights associated with Top of the Hill Subdivision, the developer shall not be relieved from paying any fees associated with the concurrency management system adopted by Lake County, or the permitting of additional development.
2) Edgewater at Little Lake Harris PUD - Issued 1/31/96. Lake County determines certain vested rights associated with the Edgewater at Little Lake Harris PUD. Lake County determines that the terms contained in Ordinance 67-91 have vested rights subject to the conditions of the Ordinance. Lake County will not deny the owner of the Edgewater at Little Lake Harris, acting in good faith upon governmental acts, the right to develop the property in accordance with Ordinance 67-91. Notwithstanding vested rights associated with the Edgewater at Little Lake Harris PUD, the developer shall not be relieved from paying any fees associated with development orders issued by the County, or the concurrency management system adopted by Lake County.
3) Addition to Midway Manor CUP#90/7/2-5 - Issued 2/1/96. Lake County denies any vested rights associated with CUP#90/7/2-5 (Addition to Midway Manor).
4) Green Isle Children's Ranch PUD - Issued 2/6/96. Lake County denies any vested rights associated with the Green Isle Children's Ranch PUD.
5) Montverde Country Club PUD - Issued 2/6/96. Lake County determines certain vested rights associated with the Montverde Country Club PUD. Lake County will not deny the property owner, acting in good faith upon governmental acts, the right to develop the property in accordance with Ordinance 82-90. For the purpose of this vested rights determination, within ten (10) months from the date of this letter, development must commence and continue in good faith. Notwithstanding vested rights associated with the Montverde Country Club PUD, the developer shall not be relieved from paying any fees associated with development orders issued by the County, or the concurrency management system adopted by Lake County.
6) Lake Susan Lodge and Marina CUP#624-3 - Issued 2/14/96. Lake County denies any vested rights associated with CUP#624-3, Lake Susan Lodge and Marina. Existing development associated with CUP#624-3 shall be considered nonconforming if it does not comply with goals, objectives and policies, or land development regulations currently adopted by the Board of County Commissioners. Existing development, if legally existing (i.e., developed in accordance with previously adopted goals, objectives and policies, and land development regulations), shall be allowed to remain in existence provided such development complies with currently adopted goals, objectives and policies, and land development regulations pertaining to nonconforming uses and development.
REPORTS
ADDENDUM NO. 1
UNFINISHED BUSINESS
Ms. Sue Whittle, County Manager, discussed a request presented at the Board of County Commissioners meeting on February 20, 1996 in regard to the expansion of the LUFNET (Land Use Forum Network, Inc.) process to incorporate property west of the "historic" Turnpike Interchange. Ms. Whittle directed the Board's attention to a memorandum addressed to Mr. Paul A. Bergmann, Senior Director, Department of Planning & Development Services, dated February 27, 1996.
Commr. Hanson referred to previous discussions in regard to public meetings being held in private locations and noted that the Board would be setting a precedent to allow activities, such as the above noted forum, to be held in private locations.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. Randall E. Wiseman, as School Board Representative on the Parks and Recreation Advisory Board, to complete a term ending May 20, 1996.
Commr. Swartz was not present for the discussion or vote.
COMMISSIONER GERBER - DISTRICT NO. 1
Commr. Gerber requested an update on the Sign Ordinance and Fence Ordinance.
Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services, appeared before the Board and reported that Ms. Sharon Farrell, Interim Director, Office of Development Regulations, was in the process of reviewing sign ordinances in other counties and visiting sign sites. He stated that a draft sign ordinance would be presented to the Board this fiscal year.
COMMISSIONER GOOD - DISTRICT NO. 2
RESOLUTIONS
Commr. Good presented a resolution for consideration concerning the natural and economic value of Lake Apopka.
Commr. Good made a motion, which was seconded by Commr. Hanson, to approve Resolution No. 1996-35 concerning the natural and economic value of Lake Apopka.
Commr. Hanson stated that the presentation by Mr. Jim Thomas on Upland Disposal might be included in Section 2 of the above noted resolution, addressing public/private funding of retention ponds and/or other treatment methods as a means of restoration of Lake Apopka.
Commr. Good stated, for the record, that Lake County's waters would continue to be degraded until action was taken to cleanup the headwaters and that he would support funding at that time.
The Chairman called for a vote on the motion, which was carried unanimously by a 4 - 0 vote.
Commr. Swartz was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Good requested that the appointment of Mr. David L. Barth, as a representative of District 2 on the Parks and Recreation Advisory Board, be added to the agenda this date. It was noted that this was a replacement for Ms. Donna Weinheimer, whose term expires May 20, 1997.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved to place the appointment of Mr. David L. Barth on the agenda for action.
Commr. Swartz was not present for the discussion or vote.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. David L. Barth as a representative of District 2 on the Parks and Recreation Advisory Board, with his term expiring May 20, 1997.
Commr. Swartz was not present for the discussion or vote.
COMMISSIONER GERBER - DISTRICT NO. 1 (CONTINUED)
Commr. Gerber brought up for discussion the swearing in of witnesses in Quisi Judicial proceedings, and stated that she has been informed that swearing in of witnesses was not a mandatory requirement and only required when requested by the individual or the representative of the applicant.
Mr. Sandy Minkoff, County Attorney, stated that he would review this issue.
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
MEETINGS
Commr. Cadwell noted that a public hearing on the proposed impact fees has been scheduled on March 19, 1996 at 2:00 p.m.
RECESS & REASSEMBLY
At 11:40 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.
CLOSED SESSION
COUNTY ATTORNEY/COMMISSIONERS
Commr. Cadwell announced that the Board would go into an attorney client session, at this time, and the estimated length of the closed session would be one and one-half (1 1/2) hours. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; Catherine C. Hanson; and Rhonda H. Gerber. Commr. G. Richard Swartz, Jr. was not present due to another commitment. Others present were as follows: Sanford M. Minkoff, County Attorney, Sue Whittle, County Manager, Steve Lengauer, Attorney, Eubanks, Hilyard et al; and Mike Peterson, Moore & Peterson, P.A.
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 3:35 p.m., the Chairman opened the February 27, 1996 Board of County Commissioners regular meeting and announced that the closed session was now terminated.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:37 p.m.
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WELTON G. CADWELL, CHAIRMAN
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JAMES C. WATKINS, CLERK
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