LAKE COUNTY VALUE ADJUSTMENT BOARD MEETING

JUNE 17, 1997

The Lake County Value Adjustment Board met in regular session on Tuesday, June 17, 1997, at 8:45 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; and William "Bill" H. Good, Vice Chairman. School Board members present were: Tom Chapman and Kyleen Fisher. Others present were Sanford "Sandy" Minkoff, County Attorney; Frank Royce, Chief Deputy, Property Appraiser's Office; and Toni M. Riggs, Deputy Clerk.

VALUE ADJUSTMENT BOARD

MINUTES

On a motion by Commr. Good, seconded by Mr. Chapman and carried unanimously by a 4-0 vote, the VAB approved the Minutes of March 4, 1997, as presented.

PETITION NO. 1996-295-L THE BOGGY CREEK GANG, INC.

Mr. Frank Royce, Chief Deputy, Property Appraiser's Office, noted that the Property Appraiser's Office did not have any problem with the VAB hearing Petition No. 1996-295-L The Boggy Creek Gang, Inc. today. Mr. Royce pointed out that the application would have been approved had an application been made for 1996, and the Property Appraiser will not contest any decision that the VAB makes today.

On a motion by Ms. Fisher, seconded by Mr. Chapman and carried unanimously by a 4-0 vote, the VAB approved to hear Petition No. 1996-295-L, The Boggy Creek Gang, Inc.

Mr. Royce stated that The Bobby Creek Gang, Inc. had made a application for total exemption for a non-profit organization. An application was not made for 1996, but an application had been made and will be granted for 1997. The application was submitted on May 12, 1997.

It was noted that representatives for the applicant were present in the audience.

Mr. Chapman made a motion to approve Petition No. 1996-295-L, The Boggy Creek Gang, Inc., a non-profit organization, and the motion was seconded by Ms. Fisher, for discussion.

Under discussion, Ms. Fisher requested the historical background for non-profit organization cases, and Commr. Cadwell presented a very brief explanation.

The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.

There being no further issue to be brought to the attention of the VAB, the meeting adjourned at 8:49 a.m.



WELTON G. CADWELL, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR\BOARDMIN\6-17-97\6-17-97

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 17, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, June 17, 1997, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Toni M. Riggs, Deputy Clerk.

Commr. Cadwell gave the invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle noted that the Board had a published addendum to the agenda today.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following requests (Items 1-9) on the Clerk of Courts' Consent Agenda:

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.



Contractor Bonds



Request to approve the following Contractor Bonds:



New



4841-97 David Bronson d/b/a Bronson Electrical Service

5549-97 Jerry Miller (aluminum)



Utilities



Request to acknowledge receipt of the Notice of Public Hearing and Prehearing from the Florida Public Service Commission To All Parties and All Other Interested Persons; Docket No. 951270-TI; Dade County Circuit Court Referral of Certain Issues in Case No. 94-14234-CA-22 (S.H. Dohan & Company, P.A. vs. Transcall America, Inc. dba ATC Long Distance) that are within the Commission's Jurisdiction. Notice is hereby given that a prehearing conference will be held on June 6, 1997, at 9:30 a.m. and a public hearing will be held on June 19, 1997, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.



Utilities



Request to acknowledge receipt of the Notice from the Florida Public Service Commission; In Re: Application for grandfather certificates to provide water and wastewater service in Polk County by Lake Haven Utility Association, Ltd. d/b/a Lake Wales Utility Co., Ltd.; Docket No. 961485-WS; Order No. PSC-97-0567-FOF-WS; Order Granting Grandfather Certificates, Setting Rates and Charges, Requiring Filing of 1996 Annual Report and Payment of 1996 Regulatory Assessment Fees, and Closing Docket.



Accounts Allowed/Code Enforcement



Approved and authorized signature on the Satisfaction and Release of Fine for Marshall Gaard in the amount of $250.00.



Reports/Courts-Judges/Audits



Request to acknowledge receipt of the State of Florida Auditor General Report 12987, audit of the Office of Public Defender, Fifth Judicial Circuit for period January 1, 1996 through December 31, 1996.



Accounts Allowed/Budget Transfers



Request to approve the followingBudget Adjustments for FY 96/97:

A. Transfers:



1. Fund: Public Works

Department: Public Works

From: Contingency $40,000

To: Professional Services $40,000

Transfer #: 97-219



Justification: Transfer additional funds to pay for legal services regarding the Todd vs. Lake County lawsuit.



2. Fund: General Fund

Department: Facilities & Capital Improvements

From: Contingency $24,496

To: Repair & Maintenance $24,496

Transfer #: 97-201



Justification: Transfer additional funds for general building maintenance for various unanticipated expenditures.



3. Fund: Sales Tax Capital Projects

Department: Facilities & Capital Improvements

From: Renovations

(Historic Courthouse) $183,000

Buildings (Central Energy Plant) 14,000

To: Renovations (Round Courthouse) 74,000

Professional Services

(Historic Cths) 73,000

Construction Materials

(Historic Cths) 50,000

Transfer #: 97-222



Justification: Transfer additional funds for current year expenditures for Capital Projects.





Budgets/Community Development Districts



Request to acknowledge receipt of the Deer Island Community Development District's Proposed Budget for FY 1997/98, in accordance with Chapter 190.008(2)(b), Florida Statutes.



County Property/Accounts Allowed



Request to approve deletion of items on the List of County equipment for combined County-Cities Auction to be held June 21, 1997.



Deletion of Capitalized Assets: $312,609.79

Deletion of Non-Capitalized Assets: $35,448.92

COUNTY MANAGER'S CONSENT AGENDA

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approve Tabs 2 through 25, as listed under the County Manager's Consent Agenda, and Item I. A. on Addendum No. 1.

Under discussion, Commr. Gerber addressed Tab 14 and questioned whether the letter from W. Scott Wynn, Groveland, said the same thing as the background summary, because she did not interpret it as being the same.

Mr. Sandy Minkoff, County Attorney, explained that the Town of Astatula would do the annexation, but the actual request would allow Mr. Jim Stivender, Senior Director of Public Works, to sign the consent to annex. He stated that this was the road right-of-way adjacent to the city limits, which was similar to what the County had done for Fruitland Park and Minneola.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote, to approve the following requests:

Accounts Allowed/Community Services

Request for payment of monthly Medicaid Hospital Bill in the amount of $48,671.11, and the Medicaid Nursing Home bill in the amount of $40,013.65 for the month of April, 1997.



Resolutions/Community Services



Request for approval and execution of Resolution 1997-108 recognizing the activities and efforts of the Council on International Education Exchange.



Accounts Allowed/Grants



Request for approval and execution of application and all related documents for the Local Law Enforcement Block Grant Program for FY 97/98, in the amount of $127,350. The cash match of $14,149.00 shall be provided by the recipients of the grant award.



Facilities & Capital Improvements



Request for approval and execution of Change Order to Construction Development and Design Company for the Solid Waste Employee Breakroom, Scalehouse, and Loading Dock.



Accounts Allowed/Facilities & Capital Improvements



Request for approval and execution of Change Order to Odell & Associates contract for the renovation project in the total amount of $65,364.



Accounts Allowed/Fire & Emergency Services



Request for approval and execution of Memorandum of Understanding Between Lake County Board of County Commissioners for Lake County Fire and Emergency Services and Astor Volunteer Fire Department, Inc. Fiscal Impact is $9,100.



Contracts, Leases & Agreements/Subdivisions



Request for acceptance and execution of Developer's Agreement between Lake County and Greater Construction Corporation for the issuance of six building permits in the Greater Hills Phase 8A Subdivision prior to acceptance and recordation of the Final Plat. This phase consists of 54 lots -Commission District 2.



Contracts, Leases & Agreements/Water Resources

Accounts Allowed



Request for approval and execution of Joint Participation Agreement between Lake County and Oklawaha Basin Recreation Water Conservation and Control Authority for FEMA Remapping. The total project will cost $111,396 - Lake County's portion is $70,677.



Accounts Allowed/Contracts, Leases & Agreements/Subdivisions



Request for acceptance of Final Plat for Montclair Phase II Subdivision, approval and execution of Developer's Agreement for Construction of Improvements between Lake County and Montclair Land Trust, acceptance of a cashier's check in the amount of $500, and acceptance of a conservation easement deed from Montclair Land Trust.



Accounts Allowed/Subdivisions



Request for approval to release an escrow in the amount of $2,000 that was posted for tree planting requirements for Royal Highlands Phase 1.



Accounts Allowed/Subdivisions



Request for approval to release a performance bond in the amount of $825,000 for Royal Highlands Phase 1A.



Accounts Allowed/Road Projects



Request for approval and execution of Change Order No. 2 to Pitt Street and East Jacks Lake Road, Project No. 5-96, for additional work to revise curb, regrade intersection and raise inlet in the amount of $4,725.00 from the Road Impact Fee Fund, Benefit District 5 - Commissioner District 2.



Roads-County & State



Request for approval of the annexation of a portion of County Road C561 right-of-way lying in the South of Section 20, Township 20 South, Range 26 East.



Resolutions/Signs/Roads-County & State



Request for approval and execution of Resolution 1997-109 authorizing the posting of speed limit signs on the following roads in the Sorrento area: Scenic Ridge Ct. #4-4783A, Stallion Drive #4-4784A, LaPlace Ct. #4-5685, Cougar Ct. #4-4783B, Valley Hill Ln. #4-5584, and Cardinal Lane #4-5484.



Resolutions/Roads-County & State/Signs



Request for approval and execution of Resolution 1997-110 authorizing the posting of speed limit signs on the following roads in the Wekiva River area: Chipola Tl #4-4098B, Okaloosa Tl #4-4198A, Wacassa Tl #4-4298A, Quail Hollow Rd. #4-4498B, Holopaw Tl #4-4198, Nocatee Tl #4-4198B, Whispering Pines Ct. #4-4498A, and Wekiva Pines Bv #4-4498.



Resolutions/Signs/Roads-County & State



Request for approval and execution of Resolution 1997-111 authorizing the posting of "STOP" signs at the intersection of Westchester Av (4-4188) and Glen Eagles St. (4-4288B); and removal of a "STOP" sign on Sackamaxon Dr. (4-4289) at its intersection with Interlachen Dr. (4-4189A), as this is simply a "T" intersection. Interlachen would retain the "STOP" condition.



Road Vacations - Permission to Advertise



To advertise Road Vacation Petition No. 846 by Palisades Golf Partners to vacate easements, Palisades Country Club Phase 1A, Sec. 11, Twp. 22, Rge. 25, Clermont area - Commissioner District 2.



Deeds/Roads-County & State



Request for acceptance of the following deeds:



Statutory Warranty Deeds



Ricardo Vidales and Penny M. Vidales

C-455



James M. Powell and Jackie D. Powell

Lake Norris Rd. (#4-7187)



Lowrie Brown Investment Co.

Poe St. (#5-5834)



Kenneth Belcher and Catherine M. Belcher

E. Dewey Robins Rd. (#2/3-2729)



Temporary Non-Exclusive Easement Deed



John G. Uveges and Betty L. Uveges

6th Street & Forest View Rd. (17-17-29)



Non-Exclusive Easement Deed



Ricardo Vidales and Penny M. Vidales

C-455 Cross Access



Gary Lee Whiteaker

Mitchell Bridges Rd. (#2-0429)



Drainage Easement



Louis Geys and DABI, Inc.

Woods of Lake Emma (31-21-25)



Accounts Allowed/Assessments



Request for approval to waive title search fee of $75.00, filing fees of $105.50, and interest of $55.30 from August 1996 through May 1997, for a total of $235.80 for Special Assessment 759111 and 759112, Zebele and Otis Robinson.



Accounts Allowed/Assessments



Request for approval to reduce interest rate from 12% to 8% from June 17, 1986 to present, for a total reduction of $877.80, and waive filing fees of $105.50 and title search fee of $75.00, for a total of $180.50 for Special Assessment 795022, Thomas and Sara Brown. Total amount to be waived is $1,058.30.



Accounts Allowed/Purchasing



Request for authorization and approval, subject to County Attorney's review and approval, to award bid #97-095 to Atlantic Eastern Corporation for Lake County Government Center Public Services Renovation Project, authorization for Chairman to execute the contract, and approval to encumber and expend funds in the amount of $1,350,000.00, subject to County Attorney's review and approval. Funding available from the following accounts:



#112.5056200.541.8600620: $742,473.71

#301.0857620.513.8600652: $457,526.29 of which $430,000

comes from FY 1997/1998 budget

#301.0857640.513.8600620: $150,000.00



Grants/Solid Waste



Request for approval and execution of the Solid Waste Recycling and Education Grant Application Part One, approval and execution of the Recycling and Education Grant Application Part Two, upon receipt of FDEP, authorization for Chairman to sign quarterly reimbursement requests, authorization to encumber and expend funds during fiscal year 1997/98, and authorization to execute interlocal agreements with fourteen municipalities for application and use of grant funds, subject to County Attorney's review and approval.



Accounts Allowed/Grants/Solid Waste



Request for approval and execution of Waste Tire Grant Application request and execution of subsequent application and any and all reimbursement requests as needed throughout FY 1997/98 at a fiscal impact of $105,413.



Accounts Allowed/Grants/Contracts, Leases & Agreements/Solid Waste



Request for approval and execution of Litter Control & Prevention Grant application for 1997/98 and approval for Chairman to sign and submit reimbursement requests as needed. Also, approval for Chairman to execute the 1997/98 Interlocal Agreement between Lake County and Keep Lake County Beautiful, Inc. providing for funding from Lake County. Fiscal impact approximately $19,166.





ADDENDUM NO. 1



COUNTY MANAGER'S CONSENT AGENDA



Contracts, Leases & Agreements/Solid Waste



Request for approval and execution of Amendment No. 1 to Solid Waste and Recycling Collection Contract between Lake County and Browning-Ferris Industries, as Successor in Interest to Industrial Waste Service, Inc. extending the July 1, 1997 notification deadline to December 31, 1997, and approval for Solid Waste Management staff to enter into the negotiation of amendment of conditions and terms of the Solid Waste and Recycling Collection Services Contracts.



PERSONAL APPEARANCES



GAS TAX DISTRIBUTION

Commr. Good stated that there were nine out of fourteen municipalities being represented today for the discussion of gas tax distrubtion, and he asked that those individuals present stand to be recognized.

Mr. Robert W. Moore, President of the Tavares City Council, and also President of the Lake County League of Cities, addressed the Board to discuss the methodology used to distribute the sixth cent of gas tax, which is currently being levied in Lake County. He stated that the cities were here seeking a more fair and equitable distribution methodology than what was currently in place, to determine the County and city split of these funds. The current sixth cent of gas tax generates approximately $4.9 million per year, with $3.3 million going to the County, and $1.6 million going to the cities. This would be 66.37% to the County and 33.62% to the cities. The County's component of these funds is determined through one method, by five years of transportation expenditure. The first two cents is split according to an Ordinance adopted in 1994 and results in the County receiving 61.05% of these revenues. This is based on the five years of transportation expenditures from 1989 to 1994. The third through sixth cent are distributed pursuant to Ordinances in 1984 and 1985 respectively, and the County receives 69.04% of these funds. This percentage is based on the transportation expenditures from 1979 to 1983. That makes the data used to determine the County's component of these revenues from 14 to 18 years old. In addition, these two Ordinances for the third through sixth cent will not expire until the years 2015 and 2016, which will make the data 30 years old. Mr. Moore stated that it was not fair, or equitable, to be using data from 1979, because of the rapidly changing nature of Lake County. He stated that an updated and more equitable methodology is needed that would take into consideration the increasing population in certain segments of the County, but more importantly, a distribution methodology which is as dynamic as the changes in Lake County would keep up the pace and remain equitable and fair for all in time. Mr. Moore was requesting that the Board acknowledge that the data for 1979 to 1983 does not reflect the current state of affairs in Lake County. The cities have developed a compromise solution for their component of these funds. When the cities adopted the new methodology, they knew that some cities would lose money and others would gain, however, it was concluded that fairness was as important as the number of dollars received. Mr. Moore noted that the most important features of the cities' methodology were the inclusion of population and timeliness in this calculation. Over the past several years, the cities have met among themselves and with County staff, and during the course of these discussions, County staff offered a draft agreement, which would offer one distribution methodology for all six cents. The cities feel that this is a goal that should be pursued and would take a policy change by the Board. The cities feel that the underlying premise for this agreement should be that the cities receive the just value for the taxes being collected, with the most important component being the provision that all calculations used to determine the distribution of these funds should use current data, the data from the last five years that was updated each year. Mr. Moore stated that the opponents to this concept of updating the numbers each year have cited two concerns, as follows: 1) that it was either too difficult, or 2) it would make budgeting too difficult. The cities do not agree with either one of these concerns. He explained that the fifth year would be replaced with the current year. Mr. Moore stated that another concern of the cities involved how the transportation expenditures are identified and defined. Through discussions among the cities, it was discovered that not all cities are including the same items under the category of transportation, and there was a disagreement on the statutory criteria to define what is a transportation expenditure and what is not, which creates an inequity. The cities would like to have a Validation Committee established and made up of city and county representatives, which would attempt to standardize and monitor the reporting criteria for all. The cities were also concerned about the inclusion of transportation impact fees in the transportation data for the County. The County was taking the money the cities have to generate through growth and including it in the formula for gas tax distribution, which denies the cities the transportation dollars they need to deal with the greater demands that growth puts on their existing transportation infrastructure. The transportation fees in Lake County began in 1985 and are collected and used to build new roads, or improve existing roads that are needed secondary to growth. The purpose of gas tax revenues is to maintain current transportation infrastructure. Mr. Moore stated that, to use the expenditure of one in the formula for the distribution of the other, it was inconsistent and inequitable. It was the cities' position that fairness dictates that transportation impact fees should not be included in any calculation of transportation expenditures for the purpose of gas tax distribution. Mr. Moore stated that the Lake County League of Cities was making three basic requests, as follows: 1) to move toward a formula for all six cents, which uses current data meaning the last five years, with an update each year. He stated that this could best be achieved in a workshop setting between the County Commission and the League of Cities, and requested that this process, if approved, start as soon as possible; 2) a Validation Committee be made up of county and city representatives to draw up criteria and monitor what each party was including in the transportation expenditure totals; 3) transportation impact fees should not be included in the transportation expenditure totals for gas tax distribution by either the cities or the County.

Mr. Sandy Minkoff, County Attorney, stated that there were three different agreements, one for each of the two cents of the tax. The impact fee change was done whenever the last amendment was done to the agreements (Ordinance 1994-8).

After some discussion, it was determined that the whole Board should meet with the League of Cities.

Commr. Swartz stated that the Board should have staff evaluate this presentation and the numbers and discuss this with the Board, before the Board sits down with the cities.

Mr. Moore stated that the League of Cities was looking for something to implement before June of next year.

After further discussion, it was noted that staff would workshop with the Board in October, and the Board would meet with the cities before January 1, 1998.

ORDINANCES/GROWTH MANAGEMENT

Mr. Sandy Minkoff, County Attorney, read the title to proposed Ordinance 1997-44, as follows:

An Ordinance of the Board of County Commissioners of Lake County, Florida, Amending the Lake County Code, Appendix E, Land Development Regulations; Amending References to Variances, Waivers and Appeals; Amending Chapter II, Definitions; Amending Chapter III, Zoning District Regulations, Amending Section 3.01.04.7 Mobile Homes, Deleting Section 3.02.01.H Appeals and Waivers, Amending Section 3.04.01.C. Watchman's or Caretakers Quarters, Section 3.04.01.D Agriculture and Ranchette Districts; Amending Chapter IV, Special Districts, Section 4.05.04 Variances; Amending Chapter IX, Development Design and Improvement Standards, Amending Section 9.01.02 Exemptions, Deleting Section 9.05.08 Variances; Amending Chapter X, Accessory and Temporary Uses, Amending Section 10.01.05, Accessory Apartments, Amending Section 10.04.01 Private Boat Docks and Ramps; Amending Chapter XII, Hardship Relief, Appeals and Enforcement, Amending Section 12.00.00 Purpose, Repealing Existing Sections 12.03.00 Through 12.03.10, Creating New Sections 12.03.00 Through 12.03.07 Appeals, Repealing Sections 12.05.00 Through 12.05.05 Variances Granted, Repealing Section 12.06.00 Prohibited Variances, Repealing Sections 12.08.00 Through 12.08.06 Vested Rights Hearing Officer; Amending Chapter XIII, Decision Making and Administrative Bodies, Amending Section 13.03.01 Powers and Duties; Amending Chapter XIV, Administration, Deleting Section 14.18.13 Variances, Repealing Sections 14.19.00 Through 14.19.04, Deleting Section 14.21.06, Variances; Providing for Inclusion in the Lake County Code; Providing for Severability; and Providing for an Effective Date.



Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained the direction that staff took in developing the language for the proposed ordinance.

Commr. Swartz addressed Pages 4, 5, and 6 and stated that there may be other places where it refers to the County Manager or designee for his or her approval, and he suggested that those references to gender be stricken from the language.

Mr. Minkoff explained that the Board had before it the existing Code with the strike through language, and staff would make the additional change.

Commr. Gerber addressed Page 12, Line 9 and suggested "by the person" be deleted from the language.

Mr. Minkoff stated that Section 12.00.01 was language from the Florida Statute.

Discussion occurred regarding Page 12, Section 12.00.01, Lines 12-15, with Ms. Farrell presenting examples that would fall under this particular Section.

Ms. Farrell noted that the language states there will be no variances granted that are not in compliance with the Comprehensive Plan, which allows staff to use the language out of the aggregation policy in the Comprehensive Plan. Staff will be coming back as soon as possible with specific changes to Chapter 3 to address this issue, as well as the concern of the Department of Community Affairs, to specify what is not allowed in core and core conservation.

Commr. Good opened the public hearing portion of the meeting and called for public comment.

Mr. Armand Orians addressed the Board and stated that he cannot get a variance on his lots in Mount Dora. He explained the background history involving his purchase of three lots in 1987 on Cactus Lane, Golden Heights Second Addition, Lots 2, 3, and 4, Block C, and stated that the property was purchased after he had investigated the zoning requirements. He stated that staff informed him that 8,000 square feet was the requirement for a building in this area. After consulting with the Tax Office, he was told that it was valued at $125 a front foot. Mr. Orians stated that there is a house on Lot 3, and Lots 2 and 4 are vacant. Last year he and his wife purchased a different home and put the house on Lot 3 on the market for sale, and he has had problems, because of the zoning. He now has a signed purchase contract subject to a variance. In June, 1996, he filed for a building permit for Lots 2 and 4 at a charge of $55. He stated that Lot 2 has 14,425 square feet, which is 75 square feet short of meeting the new requirements that were passed in 1992 changing the zoning. He further stated that Lot 4 has 11,480 square feet. He noted that the information he received from staff had language highlighted to file for a variance. This past year, he requested the form to file for a variance, and he was told that there was no such thing as a variance. Now his lots are nonbuildable, even though he has been paying taxes on the them since 1987, based on a market value approach of $125 a front foot.

Commr. Good explained that the ordinance today will allow the County to begin the variance process.

Mr. Orians stated that he was appearing before the Board today to request a variance for Lots 2 and 4, and he was requesting that his lots be grandfathered in.

Ms. Farrell explained that Mr. Orians can apply for a variance today and have a hearing in August.

Mr. Orians requested that the fees be waived when he applies for the variance, because the County has created an expense to him that he has been paying in taxes for ten years.

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

Commr. Hanson commended staff for moving forward with this issue, because there are several other people in her district that are caught up in the same situation. She stated that this is one of the things that she fought for several years ago, and it is one of the reasons the papers call her "pro-growth", because she is trying to help the little guy that gets caught when the County changes its rules. She felt that this was a major step in the right direction that should have been made several years ago. Commr. Hanson stated that it was not fair, or conscionable to have rules without having the ability to apply for a variance. She congratulated staff and commended the Board for looking at making this correction.

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve Ordinance 1997-44, as read by title only.

Under discussion, Mr. Minkoff questioned whether the motion included the change on Page 12 to delete the words "by the person", and also the change made to the reference of gender.

Commr. Swartz stated that he did not have a problem with "as a person", if this follows State language, but the other changes to the gender, he saw no reason for these to be in this particular Section of the language.

Commr. Hanson and Commr. Gerber noted that the motion and the second to the motion included those noted changes.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

CITIZEN QUESTION AND COMMENT PERIOD

It was noted that no one present wished to present questions, comments, or concerns to the Board at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACT, LEASES & AGREEMENTS/STATE AGENCIES

Mr. Lloyd Singleton, Development Associate with the Lake County Horticultural Learning Center, addressed the Board to discuss the request for execution of the Agreement between the St. Johns River Water Management District and the Lake County Horticultural Learning Center for the Stormwater Management Cooperative Cost-Sharing Program in the amount of $25,000.00. The proposed project includes a residential stormwater runoff model, a 30 seat amphitheatre, and landscaped wetland.

Mr. Charles Fedunak, Horticultural Agent for Lake County, stated that there were 108 children from the YMCA summer program that visited the garden Friday. He stated that a little over 3,000 pounds of produce has been generated and given to the Leesburg Food Bank.

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve the request, as stated above.

Under discussion, Commr. Good noted that the County's contribution was $9,000.00 worth of in-kind services and allocation of staff time, and The "Friends" and Master Gardeners will assist with donated labor and materials valued at $16,000.00.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

ACCOUNTS ALLOWED/GRANTS/CONTRACTS, LEASES & AGREEMENTS

Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board to discuss the grant made available by the State Library of Florida to facilitate the development of graphical public access to the Internet via the World Wide Web in Florida's public libraries. Mr. Smith stated that he and Ms. Wendy Breeden, Library Services Manager, received notice that there was a technology grant that could be used to offset some equipment costs and technology costs that would be coming up in the near future, specifically if the Fruitland Park Library becomes a part of the County library system. The cost to connect Fruitland Park would be $34,354, and the grant would offset some of this cost. Mr. Smith stated that the application and agreement was being submitted at the same time, because of the very quick turnaround time. He stated that this would have some impact on the budget process this coming year, and the project cannot be implemented unless the Internet/Network Specialist position is funded in the Library Services FY 1997/1998 budget. Mr. Smith was recommending that the Board approve the submission of the application and agreement and through the budget process, if he does not receive the positions, staff would have the option of not accepting the grant monies.

Commr. Swartz extended his thanks to staff for highlighting the point of how this was being approved, because of the time constraints, and whether or not staff accepts the grant will depend on whether or not the Board, in its budget, includes the necessary positions and funding. He stated that it was important that the Board convey to the other parties that might be doing their same budgeting process over the next few months that these items are in the Board's enhanced budget, and they can realistically look at their own budgeting and funding.

Ms. Breeden addressed the Board and discussed the issue of filters on the web site and noted that the County would either have to buy software, or contract with a company, to be able to block.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to submit the grant application for FloriNet Phase II Enhanced Connectivity Assistance Grant and approval and execution of Grant Agreement and Certification regarding debarment. Fiscal impact of $50,000 for Fiscal Year 97/98.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/STATE AGENCIES/GRANTS

Mr. Fletcher Smith, Senior Director of Community Services, and Ms. Wendy Breeden, Library Services Manger, were present to discuss the Grant Agreement between Lake County and the State of Florida, Department of State, Division of Library and Information Services for the Born to Read Program and submission of the grant application.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request, as stated above.



OUTDOOR RECREATION/PUBLIC WORKS/COMMITTEES

Mr. Don Griffey, Director of Engineering, introduced Mr. Bruce Mackey, Alternative Transportation Specialist, who would be presenting the Lake County Bicycle and Pedestrian Plan.

Mr. Mackey addressed the Board and presented a brief explanation of the Lake County Bicycle and Pedestrian Plan and highlighted areas in the recommendations made by the Lake County Bicycle and Pedestrian Advisory Committee.

Commr. Hanson noted that there is some State funding, which is currently bonded out for roads, but it does expire, and it would be important that the County bond the money out even though it is a small amount, because it could be designated for trails, or along the tourism line, which would create overnight stays and events.

Discussion occurred regarding parking bicycles at malls, and staff explained that this issue could be addressed in the Site Plan Approval process, and it was being addressed in the Land Development Regulations.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request to adopt the Lake County Bicycle and Pedestrian Plan and recommendations submitted by the Lake County Bicycle and Pedestrian Advisory Committee.

RESOLUTIONS/SOLID WASTE/COMMITTEES

Mr. Don Post, Senior Director of the Solid Waste Department, addressed the Board to discuss the Resolution extending the term of the County-Wide Solid Waste Study Committee to June 30, 1999, and modifying the membership terms of current members to June 30, 1999, or until resignation received.

Commr. Gerber noted that the Resolution has the County Commissioner serving as liaison and voting only in the case of a tie. She noted that she serves as the liaison and Chairman on this particular Committee.

Mr. Sandy Minkoff, County Attorney, stated that, if a Commissioner is a member of the Committee, he or she would be subject to the Sunshine Law. If you are ever entitled to vote under any circumstances, you are a members of the Committee. In this instance of voting only in case of a tie, you would be a member of the Committee and you would be subject to the Sunshine Law. If you are a member of a Committee, even if you are not entitled to vote, you would be subject to the Sunshine Law, and a quorum can be written in any form depending on the resolution or ordinance setting up that Committee.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 1997-112 extending the term of the County-Wide Solid Waste Study Committee, as stated.

RECESS & REASSEMBLY

At 10:43 a.m., the Chairman announced that the meeting would recess for ten minutes.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/AMBULANCES-HOSPITALS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Kenneth R. Mattison as the representative for Florida Hospital Waterman on the Comprehensive Health Care Committee.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Corban Discher to the vacant position of Citizen Advocate representative on the Transportation Disadvantaged Coordinating Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/TOURIST DEVELOPMENT

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to forward the list of names of all of the individuals noted in the backup material to the Orlando Area Sports Commission (OASC) for appointment consideration by OASC to the vacant Lake County position.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following appointments to the Lake County Cultural Affairs Council:

Re-appointments: (6/20/97 - 6/20/2001)

John Burris

Lou Tally

Susan Weinstock



Appointments: (6/20/97 - 6/20/2001)

Nancy Bell

Barbara Mittermaier

John McCowan

Maria Fernandez



Appointment to fill unexpired term through 6/20/99:

Phyllis Cross



ADDENDUM NO. 1

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the following appointments of individuals to vacancies on the various "EAR" Committees:

Housing Element



Gilbert C. Fayerman



Intergovernmental Coordination Element



Paul Peltason

Kenneth Hed



Economic Element



Bernard J. Yokel



FOR YOUR INFORMATION

The following vested rights determinations have been issued. (Complete letters of determination may be found in backup material from Board meeting.)

Vested Rights Determination for Holmar Campground and Marina - dated May 22, 1997



Vested Rights Determination for Shoppes of Lake Village; Southtrust Bank Out-Parcel - dated May 29, 1997



Vested Rights Determination Regarding Savannah Subdivision, Including Savannah South East and Savannah South West - dated June 3, 1997

Vested Rights Determination Regarding "Turtle Mountain" Subdivision - dated June 3, 1997



REPORTS - COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/SPECIAL MASTER

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Special Master Agreement between Lake County, Owners (Alan Abrams and Catherine Abrams), and Special Master (Robert Q. Williams).

CONTRACTS, LEASES & AGREEMENTS/SPECIAL MASTER

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Special Master Agreement between Lake County, Owner (Creighton Beddow), and Special Master (Gary J. Cooney).

REPORTS - COMMISSIONER HANSON - DISTRICT #4

Commr. Hanson discussed the request for authorization to prepare a Resolution for extended calling service between Lake and Orange Counties. She stated that the Board had already approved the Resolution for $.25 calling into Sanford and Orlando. She stated that Mount Dora has Winter Park and Apopka, but not Orlando and Sanford. Commr. Hanson referred to a letter she had received from Ms. Claudia Bradshaw requesting to have toll free calling service into Orange County and stated that she would also like to see it in Seminole County. The Resolution would be sent to the Public Service Commission.

Commr. Swartz stated that several years ago, when south Lake County, principally Clermont and Minneola, made this request, there was considerable support for it, but when it ultimately got approved, it was not free and usually the monthly charges, both business and residential, increased, although those who made a lot of long distance calling probably saw a reduction in their costs. The Board needs to make sure that, when it decides to support these types of Resolutions, there is a significant community support. Commr. Swartz stated that he would certainly support it, if the people in the area were wishing to have this service.

Ms. Sue Whittle, County Manager, stated that staff could make a request for Sprint to make a presentation to the Board and explain the process and what the impacts might be.

Commr. Swartz suggested that staff ask Sprint to send the process, which was similar to what they went through in south Lake County, and ask them to give the Board some indication of the additional costs, or look at the costs that occurred in south Lake County, because there was opposition to the service in that area. He did not think that Sprint needed to come and make a presentation, but if the Board could get an outline of the procedure and hearings and also some indication of what the extra costs might be, even if they gave us some costs that have occurred in other areas, it could consider the request.

Commr. Good noted that the Board would like to get information from the telephone companies regarding the process, procedure and costs involved in making these types of noted changes.

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT #2

RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 1997-107 recognizing Tanya Felton for her outstanding swimming accomplishments and academic excellence during her four years of high school.

COMMISSIONERS/MEETINGS

Commr. Cadwell noted that the Advance Meeting held yesterday was very good and provided many facts for consideration.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:18 a.m.



WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:





JAMES C. WATKINS, CLERK



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