A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 22, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, July 22, 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; Rhonda H. Gerber; and Welton G. Cadwell. Commr. Catherine C. Hanson was not present, due to another commitment. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Commr. Cadwell distributed, for informational purposes, an excerpt from the August edition of Field & Stream Magazine, which contains an article about the Harris Chain of Lakes and the fact that its fishery appears to have bounced back from being dormant. He stated that he thought they might find the article interesting.

Ms. Sue Whittle, County Manager, informed the Board that there was an Addendum to the Agenda and that it had been properly advertised. She stated that she would like to discuss, under the County Manager's Business, the proposed Budget-in-Brief brochure that staff had been requested to prepare, to be included in the TRIM notices that will be mailed this year.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.

Commr. Hanson was not present at this meeting.

Commr. Good noted that he would be distributing a handout (The Final Assembly Position Paper from the State of Land and Water - Forging Stronger Linkages), for the Board's perusal, that came from the conference that was held recently in Tampa, Florida, regarding same.

MINUTES

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 16, 1997 (Special Meeting), as presented.

Commr. Hanson was not present at this meeting.

Regarding the Minutes of June 17, 1997, the following was requested:

On Page 12, Line 25, change furthder to further.

On Page 21, Line 1, add and Chairman after the word liaison.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 17, 1997 (Regular Meeting), as corrected.

Commr. Hanson was not present at this meeting.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Budgets/Budget Transfers/County Finance

Request from County Finance for approval of the following

Budget Adjustments, for FY 96/97:



A. Transfers:



1. Fund: General Fund

Department: Tax Collector

From: Contingency $ 7,500

To: Attorney Legal Fees $ 7,500

Transfer #: 97-255



Justification: Counsel retained in Arizona to represent the County regarding All Seasons Resort in which a substantial amount of tax is due.



2. Fund: Sales Tax Capital Projects

Department: Facilities and Capital Improvements

From: Buildings $100,000

To: Construction Materials $100,000

Transfer #: 97-257



Justification: Additional funds are necessary for the completion of the renovation of the Historic Courthouse.

3. Fund: General Fund

Department: Sheriff

From: Contingency/Sheriff $ 15,000

Transfer/Bailiffs Operating $ 4,000

To: Transfer/Law Operating $ 15,000

Transfer/Bailiffs

Personal Services $ 4,000

Transfer #: 97-258



Justification: Pursuant to F.S. 30.49, the Sheriff is requesting the above transfers.



4. Fund: General Fund

Department: Public Defender

From: Contingency $ 13,500

To: Several $ 13,500

Transfer #: 97-259



Justification: Additional funds are needed for travel related expenses and other costs relating to current capital cases being handled by the Public Defender's Office.



Bonds - Contractor

Request for approval of Contractor Bonds - New and Cancellation, as follows:



New



5556-97 Charles W. Towner, Jr. d/b/a Towner Electric



Cancellation



Robert L. Rowland d/b/a Rowland Electric Company



Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1997, in the amount of $137,288.84. Same period, last year: $149,119.58.



Accounts Allowed



Request to acknowledge receipt of the 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.



Budgets



Request to acknowledge receipt of copy of proposed budget for Village Center Community Development District, for FY 1997/98, in accordance with Chapter 190.008(s)(b)(c), Florida Statutes.



County Property



Request to acknowledge receipt of list of additional items sold at Auction held June 21, 1997.



Utilities

Request to acknowledge receipt of Notice before the Florida Public Service Commission - Notice of Commission Hearing and Prehearing to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons, Docket No. 970001-EI-Fuel, and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor, Docket No. 97007-EI-Environmental Cost Recovery Clause, Thursday, August 14, 1997, 9:30 a.m., and Friday, August 15, 1997, if needed, Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. A Prehearing Conference will be conducted Monday, August 4, 1997, 1:30 p.m., at same address.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that the third item, under Tab 15, a request from Purchasing for approval and execution of contract with Kurt Spitzer & Associates, for Proposal No. 97-081, Feasibility Study of the Citizens' Commission for Children, in the amount of $18,000.00, be pulled from the Consent Agenda, to be discussed separately.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Ag Center/County Manager/Signs



Request from the County Manager for approval of request from the Lake County Extension Service to post signage around the Main Building and Auditorium, stating "No Skateboarding, Roller Skating/Blading, Skate Boards".



Contracts, Leases and Agreements/Municipalities

Community Services



Request from Community Services that the Board draft a letter to the City of Eustis terminating the lease with the City, for AmeriCorps office space, located at 289 Cardinal Street, Eustis, exercising rights to early termination of the lease currently in force, through January 31, 1998; and authorization for the Chairman to execute said letter.



Accounts Allowed/Facilities and Capital Improvements

Contracts, Leases and Agreements/Outdoor Recreation



Request from Facilities and Capital Improvements for approval and execution of Agreement between Lake County and Paisley Association for Recreational Kids, Inc., relating to contribution of infrastructure sales tax funds, for recreational projects for Paisley Park, at a fiscal impact of $6,000.00.



Accounts Allowed/Growth Management/Building Department

Contracts, Leases and Agreements/Subdivisions



Request from Growth Management for approval and execution of a Developer's Agreement between Lake County and Weston Hills-Lake County, L.P., for the issuance of six building permits on Lots 1, 2, 3, 62, 63 and 64, in the Weston Hills Phase 1 Subdivision, prior to the acceptance and recordation of the Final Plat - Phase 1 consists of 230 lots - Commissioner District 2.



County Employees/Personnel/Solid Waste



Request from Personnel for approval of the deletion of the position of Support Services Specialist, in the Department of Solid Waste Management Services, Support Services Division, Fiscal Services; and the addition of the position of Solid Waste Operations Director, in the Department of Solid Waste Management Services, Administration Division.



Accounts Allowed/County Employees/Personnel



Request from Personnel for approval to accept David M. Griffith & Associates, Ltd.'s proposal, in providing an update to the Compensation and Classification Plan; and the purchase of job evaluation and appraisal software, at a fiscal impact of $24,495.00.



Accounts Allowed/Roads-County and State/Road Projects

Public Works

Request from Public Works for approval and execution of Change Order No. 1, to Lake Seneca Road (4-5983) and East Lake Seneca Road (4-6084) Paving Project No. 5-97, for an additional amount of $11,488.93, to be paid to Sumter Electric Cooperative, Inc., from the Transportation Trust Fund - Commissioner District 4.



Accounts Allowed/Roads-County and State/Road Projects

Public Works



Request from Public Works for approval and execution of Changer Order No. 3, to Pitt Street and East Jacks Lake Road Project No. 5-96, to install reflective pavement markers (RPM's), in the amount of $4,023.00, from the Road Impact Fee Fund, Benefit District 5 - Commissioner District 2.



Resolutions/Public Works/Roads-County and State/Municipalities

Subdivisions



Request from Public Works for approval and execution of Resolution accepting the following roads, in the Mt. Plymouth area of East Lake County, into the County Road Maintenance System: Family Court (4-4287), Carroll Avenue "Part"(4-4387), Heavenly Way (4-4486D), Hilldale Avenue(4-4486E), and Paul Street (4-4487).



Accounts Allowed/Bonds/Contracts, Leases and Agreements

Request from Public Works for approval and execution of Developer's Agreement, for maintenance of improvements, between Lake County and Greater Construction Company; acceptance of a maintenance bond, in the amount of $33,200.00; release of a performance bond, in the amount of $121,921.15; and approval and execution of a Resolution accepting the following roads into the County Road Maintenance System: Scottish Pine Lane "Part" (2-1153), Yellow Pine Lane (2-1153E), and Greater Pines Boulevard "Part"

(2-1253).



Accounts Allowed/Contracts, Leases and Agreements/Public Works

Subdivisions



Request from Public Works for acceptance of Final Plat for Cypress Landing; approval and execution of a Developer's Agreement, for construction of improvements between Lake County and Barbara G. Harmon; and acceptance of a Letter of Credit, in the amount of $150,000.00.



Public Works/Subdivisions



Request from Public Works for acceptance of Final Plat for Jennifer's Dream.





Purchasing



Request from Purchasing for approval of the following, subject to review and approval by the County Attorney:



Approval for Solid Waste Management to negotiate a contract with the number one ranked respondent for Solid Waste consulting engineering services, to provide planning, design, permitting, construction management, and other engineering services, in compliance with Florida Statute 287.055 and County Policy LCC-19, in each of the following categories (estimated $100,000.00):



Category 1 - Solid Waste Services Glace & Radcliffe

Category 2 - Waste to Energy Malcolm Pirnie

Category 3 - Special Assessments Glace & Radcliffe

Category 4 - Air Emissions Jones, Edmunds & Assoc.

Category 5 - Leachate/Waste Water Glace & Radcliffe



Approval and execution of contract with Applied Information Services, Inc., providing a travel file agreement for Tourism's homepage online Internet marketing display. The agreement is annual and includes renewal options. $2,895.00 funding will come from Account No. 125.1260100.575.8300480 (Resort/Development Tax Fund).



Approval for the Department of Public Works to negotiate a contract with Keith & Schnars, the number one ranked respondent for Proposal No. 97-092, Lake County Geodetic Control Densification Project, and proceed, by following the guidelines set forth in LCC-19 and Florida Statute 287.055, Section 5; and approval of Project Negotiating Committee, composed of Mr. Don Griffey, Mr. Mark Knight, and Ms. Susan Dugan. An estimated $20,000.00 funding will come from Account No. 112.5051100.541.8300310 (County Transportation Trust Fund, Professional Engineering Services).



Contracts, Leases and Agreements/Municipalities/Solid Waste



Request from Solid Waste for approval and execution of Interlocal Agreement between Lake County and the City of Mt. Dora, regarding the payment and application of solid waste system fees.



Commr. Hanson was not present at this meeting.



PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 846 - PALISADES GOLF PARTNERS - CLERMONT

Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request by Palisades Golf Partners, to vacate easements, Palisades Country Club, Phase 1A, Section 11, Township 22, Range 25, Clermont area - Commissioner District 2. He reviewed a plat of Palisades Country Club, Phase 1A, indicating the easements that are being requested to be vacated, as well as those easements that will be replacing those being vacated. He stated that staff was recommending approval.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 1997-124 - Road Vacation Petition No. 846, by Palisades Golf Partners, to vacate easements, Palisades Country Club Phase 1A, Section 11, Township 22, Range 25, Clermont area - Commissioner District 2, and to accept the easements in place of those being vacated.

Commr. Hanson was not present at this meeting.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

GROWTH MANAGEMENT/RESOLUTIONS/SUBDIVISIONS

Mr. Mark Knight, Principal Planner, Department of Growth Management, appeared before the Board and explained this request, stating that the Plat of Higley has never been recognized by the Board of County Commissioners and that, over the years, there have been a number of versions that do not match each other. He noted, however, that in 1971, when the County adopted the Zoning Ordinance and officially adopted zoning maps, a version of the Higley Plat was indicated on said maps - a version that has, to some extent, been recognized over the years. He stated that, in 1991, there was a request from the County Attorney, at that time, to recognize the easements of the Higley Plat, because someone had a concern about access and open easements and requested the Board to authorize staff to go to court; however, the Board denied the County Attorney authority to do so. He stated that it was also the County Attorney's opinion that the plat could be recognized under the doctrine of equitable estoppel, which is common law vesting. He stated that, when the County adopted the Comprehensive Plan, staff put together a list of subdivisions that are unrecorded, but recognized by the Board, which he noted are the ones that appeared on the 1971 zoning maps that he alluded to earlier. He stated that there are a total of seven such maps.

Mr. Sandy Minkoff, County Attorney, interjected that it was staff's goal not to have the County become embroiled in litigation, as to whether or not the easements are public or private, but only to allow recognition of the plats, for purposes of the lot of record exemption that is in the Comprehensive Plan, so that the County can process applications for building permits, within the plat.

Discussion occurred regarding the matter, at which time Mr. Minkoff stated that, if there is a possibility of a public road in the area, a prudent title examiner or attorney is going to ask the County to vacate it and close off public rights, even though there may not be a valid road, in order to clear title. He stated that the fact that there have been vacations in the Plat of Higley does not mean that there was right-of-way. He stated that, with regard to lots-of-record, the County will give permits to people who have no access, whatsoever. He stated that, if they meet the lot-of-record criteria, access is not required, to obtain a building permit. He further stated that there are provisions in the County's Code that cover the issue of blocking rights-of-way, which would go to Code Enforcement, and they would have to evaluate a claim, to see if the County could establish right-of-way. He stated that all this request will do is impact whether the County can process lot-of-record applications, in accordance with the Comprehensive Plan exception.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved a request from Growth Management for approval of Resolution No. 1997-125, recognizing the unrecorded plat of Higley Subdivision.

Commr. Hanson was not present at this meeting.

PUBLIC HEARINGS

REZONING

PETITION NO. 44-96-4 - RM TO R-7 - CHARLES CURRY

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board and explained this request, stating that staff was recommending denial of the request; however, was recommending approval of the rezoning of the property to RA (Residential Agriculture), recognizing the nonconforming size of the property. She stated that the applicant will need to aggregate two parcels, or apply for a variance. She stated that the request was first presented to the Planning and Zoning Commission in February of 1997, however, was postponed until this date, in anticipation of procedural changes to lot-of-record regulations. She stated that said changes have yet to be done; however, the County has enacted the variance process that allows one to be exempted from it. She stated that the site did not pass a lot-of-record determination.

Ms. Strum stated that the applicant owns another piece of property immediately adjacent to the parcel in question and that, until recently, the site was nonconforming, noting that there were two mobile homes on the site and a two-story single family home and detached workshop on the adjacent parcel. She stated that the applicant removed one mobile home and his youngest son and family are living in the remaining mobile home and would like to do so, until they can construct a conventional home on the property. She stated that the County prohibits occupying a mobile home during construction in RM; however, it is a permitted use in the RA zoning district.

Ms. Strum stated that the reason staff was recommending denial of the original request, to R-7, is that it is not a zoning district that is recognized as a permitted district in the rural area, which is why the County has to recognize the nonconforming lot. She stated that staff is recommending RA as the best alternative for nonconforming lots, under the Rural land use category. She stated that there are wetlands immediately adjacent to the site; however, staff feels the applicant would be able to meet the 50 foot buffer and still allow sufficient land for the house that he hopes to construct on the site.

Commr. Cadwell informed the Board that he had spoken with the applicant, prior to his request for a rezoning, and had put him in touch with the Planning Department, to get something worked out, however, noted that it would not affect his ability to make a decision regarding the case.

It was noted that staff's recommendation would enable the applicant to do what he would like to do with his property; however, if a variance is not granted, the applicant would not be able to replace the mobile home with a conventional home.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, 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 from RM (Mobile Home Residential) to RA (Residential Agriculture), to construct a single family site built home.

Commr. Hanson was not present at this meeting.

PETITION NO. CUP97/7/2-4 - CUP IN A - DICK AND SHAREN DRIGGS

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board and explained this request, stating that staff was recommending approval of the request for a CUP in A (Agriculture), for the placement of a mobile home on the site as a temporary living facility, for the care of an infirm relative. She stated that the property is approximately 9.85 acres in size. She stated that the proposed site plan shows the location of the proposed mobile home as being approximately 270 feet from SR 437 and 300 feet from the side and rear property lines. She stated that the portion of the site where the applicant wishes to place the mobile home should not be visible from the road. She stated that the applicants have provided staff with a copy of the Physician's Affidavit (contained in the Board's backup material), confirming the medical condition of Ms. Driggs' mother.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Gerber, seconded by Commr. Swartz 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 CUP (Conditional Use Permit) in A (Agriculture), for the placement of a mobile home on the site, as a temporary living facility, for the care of an infirm relative.

Commr. Hanson was not present at this meeting.

PETITION NO. CUP97/7/1-4 - CUP IN A - LEONARD UNDERWOOD

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board stating that the applicant had requested a 30 day postponement of this case, because he is substantially revising the request, reducing it significantly. She stated that, due to the significant reduction, the applicant is requesting that it go back through the process, before the Planning and Zoning Commission and the Board, with a recommendation of approval from staff, which they are unable to grant, at this time. She stated that staff concurs with the request for postponement.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved to postpone this request until the August 26, 1997 meeting.

Commr. Hanson was not present at this meeting.

PETITION NO. 28-97-4 - FLETCHER AND SHIRLEY POWERS/J.JOHN BARKER - FHMC; PETITION NO. 29-97-5 - LEESBURG HUMANE SOCIETY, INC./J. JOHN BARKER - FHMC; PETITION NO. 31-97-4 - FLORIDA TWIN MARKETS/J. JOHN BARKER - FHMC; PETITION NO. CUP97/7/3-2 - CARROLL A. FULMER/PRIMECO PERSONAL COMMUNICATIONS; PETITION NO. CUP97/7/4-2 - RANDY DALE AND KELLY HARLESS/PRIMECO PERSONAL COMMUNICATIONS; PETITION NO. CUP97/7/5-2 - CLONTE GROVES, INC./OPM USA, INC.

Ms. Susan Strum, Planner III, Department of Growth Management, appeared before the Board stating that the six (6) cases noted above, related to towers, had been scheduled to be heard; however, staff was informed that the Board would hear them all under the new Tower Ordinance, to be adopted no later than September 23, 1997. She stated that, due to this fact, staff did not prepare reports. She stated that the Planning and Zoning Commission was very concerned and upset with said action and has asked staff to come back to them at their August meeting, with staff reports.

It was noted that no action was needed, at this time, with regard to the above noted cases, that it was a For Your Information Item only. It was further noted that the Planning and Zoning Commission is scheduled to meet August 6, 1997; however, staff has scheduled a workshop on the revised Tower Ordinance regulations for August 5, 1997, so staff put their efforts into that perspective, instead. She stated that the applicants have received written notice that their cases will not be heard until September of this year.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

CONTRACTS, LEASES AND AGREEMENTS/COUNTY MANAGER

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved a request from the County Manager for approval and execution of an Addendum to the Sub-Lease Agreement between Lake County and the Armory Board, State of Florida.

Commr. Hanson was not present at this meeting.

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT

SUBDIVISIONS

Mr. Sandy Minkoff, County Attorney, informed the Board that the Midway Manor Settlement Agreement involves an RV park that is located on Hwy. 44. He stated that the first phase of the park has been built; however, the vesting has been denied. He stated that, subsequent to that, during the Special Master proceeding, the owner's engineer, Mr. Bob Farner, demonstrated to staff the costs involved, thus far, as well as the improvements that have been made in the original phase and, based on that information, staff decided to recommend to the Board a settlement agreement. He stated that some additional information was given to staff, after the vesting was denied.

Mr. Mark Knight, Principal Planner, Department of Growth Management, appeared before the Board and distributed a handout, containing information about the request. He stated that the original zoning was RMRP, which allowed for 5,000 square foot lots and there were provisions for clustering, for 2,400 square foot lots. He stated that, with a CUP, they can get down to 2,400 square foot lots, or smaller. He stated that, through the mediation process, in trying to come up with what would be a reasonable number of units on the site, for what the applicant was trying to do, they came up with 158 units.



Discussion occurred regarding the matter, at which time Mr. Minkoff informed the Board that, if they did not approve the Settlement Agreement, the County would have to arbitrate and/or litigate and staff did not want to make known the County's weaknesses in this case at this meeting, therefore, would prefer that, if they had any questions about the Settlement Agreement, they meet privately with Mr. Knight, or Ms. Sharon Farrell, Senior Director, Department of Growth Management, to discuss why staff was recommending a Settlement Agreement.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved to postpone a request from Growth Management for approval of a Settlement Agreement between Lake County and J. D. Floyd, owner of Midway Manor, Inc., until the August 5, 1997 meeting.

Commr. Hanson was not present at this meeting.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D)

GROWTH MANAGEMENT/ORDINANCES/SUBDIVISIONS

Mr. Mark Knight, Chief Planner, Department of Growth Management, appeared before the Board and explained this request, stating that one of the provisions of the PUD Ordinance was that the applicant, Condev Land Fund II, Limited Owner, come back with a Preliminary Development Plan, which they did. He discussed what has occurred, up to this point in time, with regard to the Glenbrook Planned Unit Development, which he noted is located in an Urban area, in the southeastern part of the County, near CR 474 and U.S. 27. He stated that the Preliminary Development Plan was approved by the Board; however, the applicant was denied vested rights. He stated that the Settlement Agreement addresses the commercial corridor, as well as a number of cleanup issues that were provided for in the Ordinance, regarding setbacks and what is perceived to be the development that is actually taking place, at the present time.

Mr. Sandy Minkoff, County Attorney, stated that the basis for denial of the vesting is that the project meets the current Comprehensive Plan requirements and there is nothing to be vested from. He stated that the developer wanted to nail down the commercial locational criteria, thus the reason for it being in the Settlement Agreement. He stated that the concurrency was guaranteed for four years, as part of the agreement; however, there is not, in staff's opinion, a concurrency problem in the area, so it is felt that that was not agreeing to give anything away.

A brief discussion occurred regarding the matter, at which time Commr. Swartz stated that he would like to have an opportunity to review the original ordinance, to look at the issues surrounding the vesting, before considering the request.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to postpone a request from Growth Management for approval of a Settlement Agreement between Condev Land Fund II, Limited Owner, and Lake County, relating to the Glenbrook Planned Unit Development, until the August 5, 1997 meeting.

Commr. Hanson was not present at this meeting.

Mr. Minkoff, County Attorney, informed the Board, for informational purposes, that the County had an arbitration hearing, with regard to the Kittredge vs. Lake County case, and that a recommendation would be coming to the Board, from the arbitrator, at the August 5, 1997 meeting and that, if the Board had any questions regarding the case, that they get together with staff, in advance of said meeting.

REPORTS

COUNTY ATTORNEY

DEEDS/RIGHTS-OF-WAY, ROADS AND EASEMENTS

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval and execution of a Quit-Claim Deed, returning a seven foot strip of right-of-way to Corbitt and Nicole Todd.

Commr. Hanson was not present at this meeting.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/SUITS AFFECTING THE COUNTY

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Special Master Agreement between Lake County; Owners, James D. Dale and Lara L. Dale; and Special Master, Lewis W. Stone.

Commr. Hanson was not present at this meeting.

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

PURCHASING

ACCOUNTS ALLOWED/COMMITTEES/COMMUNITY SERVICES

CONTRACTS, LEASES AND AGREEMENTS

Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board to address the issue of the contract with Kurt Spitzer & Associates, for Proposal No. 97-081, Feasibility Study of the Citizens' Commission for Children, in the amount of $18,000.00, at which time he distributed a copy of the Scope of Services that his department sent out to the various agencies that do the types of studies in question.

A brief discussion occurred regarding the request, at which time Commr. Swartz suggested postponing it, until later in the meeting, to allow Ms. Hillary Knepper, Coordinator for the Citizens' Commission for Children, to address the Board, regarding the matter.

No action was taken at this time.



REPORTS

COMMISSIONER GERBER - DISTRICT 1

GROWTH MANAGEMENT/PLANNING

Commr. Gerber brought up for discussion the issue of setback averaging and the fact that there needs to be a uniform method, across the board, for determining same.

A brief discussion occurred regarding the matter; however, no action was taken at this time.

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

PURCHASING (CONT'D)

ACCOUNTS ALLOWED/COMMITTEES/COMMUNITY SERVICES

CONTRACTS, LEASES AND AGREEMENTS

Ms. Hillary Knepper, Coordinator for the Citizens' Commission for Children, appeared before the Board to answer some concerns Commr. Swartz had regarding a request for approval of the contract with Kurt Spitzer & Associates, for Proposal No. 97-081, Feasibility Study of the Citizens' Commission for Children, in the amount of $18,000.00.

Commr. Swartz stated that he did not recall this request going before the Citizens' Commission for Children, other than to originally approve the RFP going out. He questioned whether said request went before the Commission, before coming before the Board.

Ms. Knepper stated that, prior to the Feasibility Study Review Committee being appointed, they had been empowered to make the decision, so, when it was brought back to the Commission, for discussion, there was not a problem with it.

Commr. Swartz suggested postponing this request until the August 5, 1997 meeting, to allow him to review the proposal, before voting on the matter.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to postpone a request from Purchasing for approval and execution of a contract with Kurt Spitzer & Associates, for Proposal No. 97-081, Feasibility Study of the Citizens' Commission for Children, until the Board Meeting of August 5, 1997. The $18,000.00 funding will come from Account No. 001.90099000.5998900984 (Contingency Reserve for Children's Study).

Commr. Hanson was not present at this meeting.

REPORTS

COUNTY MANAGER

BUDGETS/COUNTY FINANCE

Ms. Sue Whittle, County Manager, distributed, for the Board's perusal, copies of the proposed Lake County Budget-in-Brief brochure, to be included in the TRIM notices that will be mailed this year, informing the general public about where their tax dollars go, that the Board had requested staff to do.

Ms. Sarah LaMarche, Budget Director, appeared before the Board and answered questions regarding said brochure.

A brief discussion occurred regarding the brochure, at which time the Board indicated that they felt it was a good idea and something that should be pursued, however, felt that the County should postpone mailing them out until FY 1998-99.

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

RESOLUTIONS

Commr. Good brought up for discussion the issue of the Green Swamp and Withlacoochee Riverine System restoration project.

Considerable discussion occurred regarding the matter, at which time Commr. Good requested the Board's approval of same.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 1997-126, supporting the Green Swamp and Withlacoochee Riverine System restoration.

Commr. Hanson was not present at this meeting.



REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 1997-127, honoring Mr. Robert Wiley as National Young Marine of the Year.

Commr. Hanson was not present at this meeting.

ADDENDUM NO. 1

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

RESOLUTIONS

Commr. Good informed the Board, for informational purposes, about the response received from Mr. Darrell Kelley, President of Sprint United, regarding the process they follow in reviewing Resolutions presented to the Public Service Commission by the Board.

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

COMMITTEES/GROWTH MANAGEMENT/WATER RESOURCES

Commr. Good brought to the Board's attention the issue of the establishment of Lake County's definition of "Local Sources First" and a request for authorization to write a letter to the Florida Association of Counties advising them of Lake County's definition of same.

A brief discussion occurred regarding the matter, at which time Commr. Swartz suggested the following changes:

. That the nearest possible geographic source be the inclusion of desalination of saltwater as a freshwater resource.



. That the withdrawal of resources that are as close to the consumer as can be physically extracted from the natural resource system include the withdrawal from the appropriate watershed, the sub-basin, and then the basin.



. That Paragraph No. 3 be renumbered to No. 4.





On a motion by Commr. Swartz, seconded by Commr. Cadwell and

carried unanimously, by a 4-0 vote, the Board approved the

establishment of Lake County's definition of "Local Sources First" and authorized the Chairman to write a letter to the Florida Association of Counties advising them of Lake County's definition of same, with the changes, as noted.

Commr. Hanson was not present at this meeting.

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

ASSESSMENTS/BUDGETS/COMMITTEES

Commr. Good updated the Board regarding the East Central Florida Regional Planning Council's proposed FY 1997/98 Assessment Revenue Budget.

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Good recognized Commr. Cadwell's appointment to the Blue Ribbon Committee on Membership Issues for the Regional Planning Council, as well as his election to the Florida Association of Counties' Board of Directors.

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

COUNTY BUILDINGS AND GROUNDS/COURTHOUSE/STATE AGENCIES

Commr. Good brought to the Board's attention a request for approval of a letter of support to be sent to the Historic Preservation Planner, Florida Department of State, for the nomination of the Lake County Courthouse (Historic Courthouse) to the National Register of Historic Places.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved said letter.

Commr. Hanson was not present at this meeting.



REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

GROWTH MANAGEMENT/STATE AGENCIES

Commr. Good distributed, for informational purposes, the Final Assembly Position Paper from the State of Land and Water - Forging Stronger Linkages Conference that was held recently in Tampa, Florida, with regard to land and water planning in the State.

ADDENDUM NO. 1

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/EDUCATION

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board ratified the members appointed to the Education Element Advisory Committee by the Lake County School Board.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

COMMITTEES/GROWTH MANAGEMENT/MUNICIPALITIES

Commr. Swartz brought up for discussion the issue of towers and suggested that Commr. Cadwell, the Board's liaison to the League of Cities, be requested to approach the League to determine whether there are any cities that have not placed a moratorium on towers and, if so, to encourage them to do so.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

GROWTH MANAGEMENT/MEETINGS

Commr. Swartz informed the Board, for informational purposes, that the Land Use and Development Forum has been scheduled for Wednesday, August 27, 1997, at Lake Sumter Community College, and that a series of seminars has been scheduled to be held at the Administration Building, in Tavares, on Thursday, August 28, 1997.

Commr. Cadwell was requested to inform the League of Cities of said forum and seminars, for informational purposes.

It was noted that Leadership Lake County might be involved in said seminars, as well.

Commr. Gerber noted, for informational purposes, that Port Orange, Ponce Inlet, and several cities in Volusia County, as well as Volusia County itself, has a moratorium on towers.

Staff was asked to obtain a copy of any ordinances that Butler County, Ohio and King County, Washington State may have regarding a moratorium on towers, as well as their population, type of development, growth rate, etc., for the Board's perusal.

INFORMATIONAL

The Board acknowledged issuance of the following vested rights determinations:

Vested Rights Determination Regarding Tracts 37 Through 44 and Tracts 53 Through 60, Groveland Farms Subdivision, Section 13, Township 23, Range 24, as Recorded in Plat Book 2, Page 10 - dated June 18, 1997.



The County denies any vested rights associated with Tracts 37 through 44 and Tracts 53-60, Groveland Farms Subdivision, Section 13, Township 23, Range 24, as recorded in Plat Book 2, Page 10.



Vested Rights Determination for Edgewater Beach Subdivision, Lots 18 through 23 - dated June 19, 1997.



Lake County will not deny the owner(s), acting in good faith, the opportunity to continue development of the property, as indicated on the as-built drawings retained by Lake County, certified October 12, 1989. Specifically, Lake County will not deny the owner(s) of the three (3) parcels, which constitute a reconfiguration of lots 18 through 21, the right to obtain building permits, based on the reconfiguration of the three (3) parcels, if a legal description of the three (3) parcels and a copy of this vested rights determination is recorded in the Public Records of Lake County, Florida, within three (3) months of the date of this vested rights determination.



Amended Vested Rights Determination Regarding a Portion of Tract 57, Groveland Farms Subdivision, Section 13, Township 23, Range 24, as Recorded in Plat Book 2, Page 10, and Owned by Albert and Angelo Polly - dated June 24, 1997.



Lake County determines certain vested rights associated with that portion of Tract 57, lying Southwest of Lake Erie Road, Groveland Farms Subdivision, Section 13, Township 23, Range 24, as recorded in Plat Book 2, Page 10.

Lake County will not deny the property owner, acting in good faith, the opportunity to continued development of the property in relation to LOR File No. 95L-082. Specifically, Lake County will not deny issuance of building permits for that portion of Tract 57, lying Southwest of Lake Erie Road, as a lot of record, provided:

1. right-of-way is dedicated to Lake County along Lake Erie Road within three (3) months of the date of this vested rights determination; and



2. a building permit is obtained within one (1) year, and physical development has commenced within eighteen (18) months of the date of this vested rights determination.



Vested Rights Determination for Property Owned by Girard and Debra O'Malley - dated June 30, 1997.



Lake County will not deny the owner of Parcel "B" the opportunity to develop the property in accordance with the A (Agricultural) Zoning District. Specifically, Lake County will not deny the owner of Parcel "B" issuance of building permits based on land use designation established in the Lake County Comprehensive Plan.



Vested Rights Determination Regarding Site Plan Number 91-5-14 for William L. Hendry - dated June 30, 1997.



Lake County denies any vested rights associated with the review and approval of Site Plan No. 91-5-14.



COUNTY MANAGER



COUNTY EMPLOYEES

Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that the County Employee's Cookout/Picnic was scheduled to be held Thursday, July 24, 1997, in the back parking lot of the Administration Building.

COUNTY MANAGER

BUDGETS/MEETINGS

Ms. Sue Whittle, County Manager, reminded the Board that a Budget Workshop has been scheduled for Thursday, July 24, 1997, at 9:30 a.m.

It was noted that the Budget Hearings have been scheduled for September 9 and 23, 1997.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:05 a.m.





_______________________________

WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK

sec/7-22-97/7-28-97/boardmin