The Lake County Board of County Commissioners met in regular session on Tuesday, October 7, 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; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; James C. Watkins, Clerk; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, stated that a Presentation by the Lake County Citizens'Commission for Children, of a plaque to Ms. Joan Brown to show appreciation for her tireless efforts on behalf of children, had been rescheduled to November 4, 1997.
Mr. Sandy Minkoff, County Attorney, stated that he would like to add the case of Finton vs Lake County to the Agenda, for discussion and Board action.
Ms. Whittle further stated that there were two Addendums to the Agenda and that they had been properly advertised.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved to place said items on the Agenda.
Commr. Cadwell was not present for the discussion or vote.
MINUTES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of August 19, 1997 (Regular Meeting), as presented.
Commr. Cadwell was not present for the discussion or vote.
Regarding the Minutes of August 26, 1997, the following was requested:
On Page 6, Line 2, add his name after the word "and" and before the word "might".
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 26, 1997 (Regular Meeting), as amended.
CLERK'S 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:
Accounts Allowed/Budgets/Budget Transfers/County Finance
Request for approval of Budget Adjustments for FY 96/97 and FY 97/98 from the Office of County Finance, as follows:
Resolutions for FY 96/97:
A. Resolutions
1. Fund: General
Department: Agricultural Center
Revenue: Donations $ 589
Expenditure: Operating Supplies $ 589
Amendment #: 97-391
Justification: Resolution to receive unanticipated revenue from donations for the Horticultural Learning Center.
2. Fund: General
Department: Agricultural Center
Revenue: Horticultural Learning Center-St. Johns Grant $ 4,205
Expenditure: Operating Supplies $ 4,205
Amendment #: 97-392
Justification: Resolution to receive unanticipated revenue from the St. Johns River Water Management District for the Horticultural Learning Center.
Resolutions for FY 97/98:
B. Resolutions:
1. Fund: General
Department: Agricultural Center
Revenue: Horticultural Learning Center - St. Johns Grant $20,795
Expenditure: Operating Supplies $20,795
Amendment #: 98-001
Justification: Resolution to receive unanticipated revenue from the St. Johns River Water Management District for the Horticultural Learning Center.
Bonds - Contractor
Request for approval of Contractor Bonds - New and Cancellation, as follows:
New
1709-99 Shalin, Inc., d/b/a Bob's Air Conditioning & Refrigeration.
1758-98 West Volusia Plumbing, Inc.
4487-98 Sanford Electric Company, Inc.
4536-98 Peltz, Inc., d/b/a Mike Peltz Professional Plumbing
4559-98 Rodney Reisman d/b/a Eustis Roofing Co., Inc.
5019-98 Mike D. McGowen (Plumbing)
5230-98 H & R Electrical Contractors, Inc.
5410-98 TLC Electric, Inc.
5467-98 David Sharp Electric, Inc.
5517-98 Steven Ray Harvard d/b/a Sunrise Electric of Central Florida, Inc.
5559-98 Daniel E. Murphy d/b/a Murphy Additions & Remodeling
Cancellation
5483-97 Robert Porter d/b/a PCI Masonry & Concrete
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions of Judgment and authorized proper signatures on same, as follows:
Satisfaction of Judgment for Willie Thomas, Jr., a Child, in the amount of $150.00,
Case No. 84-577-CJ.
Satisfaction of Judgment for State of Florida vs James Michael Howell, in the amount of $250.00, Case No. 9300749CFA01.
Satisfaction of Judgment for Mark Anthony Nichols, A Child, in the amount of $210.00, Case No. 82-46-CJ.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Fine and authorized proper signatures on same, as follows:
Warren and Margie Butt, in the amount of $250.00.
Accounts Allowed/Reports
Request to acknowledge receipt of 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.
Accounts Allowed/Clerk
Request to acknowledge receipt of unclaimed excess proceeds, for tax deeds, totaling $5,322.57.
Accounts Allowed/Clerk
Request to acknowledge receipt of check, in the amount of $4,727.37, for reimbursement of conflict case fees, under Section 925.037, Florida Statutes.
State Agencies
Request to acknowledge receipt of Southwest Florida Water Management District Fiscal Year 1998 Board Meeting Calendar and Map depicting the District's boundaries.
State Agencies/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission: Notice of Need Determination Hearing on Proposed Electrical Power Plant - In Re: Petition to Determine Need for Existing Tiger Bay Electrical Power Plant and Nominal Electrical Capacity Increase to that Plant, by Florida Power Corporation, Docket No. 971059-EI, 9:30 a.m., Monday, October 20, 1997, Commission Hearing Room 148, The Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. A prehearing conference will be held at 1:30 p.m., Thursday, October 9, 1997, Room 148, The Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission: Notice of Hearing and Prehearing To Orlando Cogen Limited, Florida Power Corporation, Office of Public Counsel, and All Other Interested Persons, Docket No. 961184-EQ, In Re: Petition for Approval of Early Termination Amendment to Negotiated Qualifying Facility Contract with Orlando Cogen Limited, by Florida Power Corporation. Notice is hereby given that a prehearing conference will be held on October 9, 1997, at 9:30 a.m., and a public hearing will be held on October 30, 1997, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Budgets/State Agencies
Request to acknowledge receipt of Oklawaha Basin Recreation and Water Conservation and Control Authority's Draft Tentative Budget for 1997-98.
Municipalities/Ordinances
Request to acknowledge receipt of City Ordinances, as follows:
Ordinance No. 97-27, from the City of Leesburg, annexing certain property owned by the City of Leesburg, said property consisting of approximately 72.33 acres and being generally located south of CR 470, east of the Florida Turnpike, and north and west of CR 48, lying in Sections 16 and 17, Township 20 South, Range 24 East, Lake County, Florida, which is contiguous to the City limits of the City of Leesburg; providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said City; providing that such annexed property shall be subject to all laws and ordinances of said City, as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances: providing that such annexed territory shall be rezoned from County A (Agriculture) to City P (Public); providing for an effective date.
Municipalities/Ordinances
Ordinance No. 97-28, from the City of Leesburg, annexing certain property owned by the City of Leesburg, consisting of approximately 199.96 acres and being generally located south of CR 470, east of the Florida Turnpike, and north and west of CR 48, lying in Sections 20 and 21, Township 20 South, Range 24 East, Lake County, Florida, which is contiguous to the City limits of the City of Leesburg; providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said City; providing that such annexed property shall be subject to all laws and ordinances of said City, as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances; providing that such annexed territory shall be rezoned from County A (Agriculture) to City P (Public); providing for an effective date.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that the road numbers that were identified in Tab 17 of the County Manager's Consent Agenda, a request from Public Works for approval of a Resolution accepting certain roads into the County Road Maintenance System, among other things, all needed to have a "0" placed after the District Number and before the Road Number itself; and that Tab 25, a request from Purchasing for approval of a request from Facilities and Capital Improvements' to award Bid No. 97-137 to Professional Dirt Services, Inc.; and authorization to encumber and expend funds, in the amount of $32,381.00, to replace the existing boat ramp at Palatlakaha Creek, would be withdrawn and rescheduled at a later date.
Mr. Sandy Minkoff, County Attorney, informed the Board that he had provided them with a copy of a letter that his office had received the day prior to this meeting, with regard to Tab 15, a request from Public Works regarding two Letters of Credit pertaining to the Seminole Springs Phase I development.
Commr. Cadwell requested that Tab 15 be pulled from the Consent Agenda and discussed separately.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Communications Systems/Resolutions/Roads-County and State
Request from Communications Systems for approval and execution of a Resolution relating to the renaming of St. Andrews Drive, Westchester Avenue, Selma Avenue, Tulare Street and Glencoe Avenue, to CR 435.
Community Services/Contracts, Leases and Agreements/Grants
Request from Community Services for approval and execution of an Agreement between Lake County and seven Human Service Agencies, for annual grant funding, for FY 1997/98.
Community Services/Grants/State Agencies
Request from Community Services for approval and execution of the Certification of Acceptance of the State of Florida Department of Community Affairs Anti-Drug Abuse Act Grant Funding, for FY 1997/98, for the Lake County Corrections Operation Redirect III.
Community Services/Public Health/Reports
Request from Community Services to acknowledge receipt of the Lake County Health Department Activities and Expenditures Report, for the period ending June 30, 1997.
Computer Services/Committees
Request from Computer Services for approval of the repeal of Lake County Policy No. LCC-26, establishing a Lake County Computer Committee.
Economic Development
Request from Economic Development for approval of the Amendment of Jobs Growth Investment Trust Fund guidelines, to reflect changes in Lake County's annual wage.
Ag Center/Contracts, Leases and Agreements/Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval and execution of the Renewal of Lease between Lake County and the Lake Agriculture and Youth Fair Association, Inc., for FY 1997/98.
Contracts, Leases and Agreements/Fire and Emergency Services/Grants/State Agencies
Request from Fire and Emergency Services for approval and execution of the Grant Agreement between Lake County and the State of Florida, Department of Community Affairs, for FY 1997/98 Emergency Management, Preparedness & Assistance Trust Fund Agreement.
Accounts Allowed/Fire and Emergency Services
Request from Fire and Emergency Services for approval to establish an account for payment of known recurring telephone bills with Sprint/United Telephone of Florida, for Emergency Management, for FY 1997/98, at a financial impact of $6,000.00.
Fire and Emergency Services/Grants
Request from Fire and Emergency Services for approval and execution of the Emergency Management Preparedness & Assistance Competitive Grant application.
County Employees/Personnel
Request from Personnel for approval of certificates for employees with one and three years of service to the County.
Commissioners/County Employees/Personnel
Request from Personnel for approval of the deletion of one position, Office Manager, Board of County Commissioners, Administrative Support; and the addition of two positions, Administrative Assistant and part-time Secretary I, Board of County Commissioners, Administrative Support.
Accounts Allowed/Contracts, Leases and Agreements/Municipalities/Public Works
Road Projects
Request from Public Works for approval and execution of an Interlocal Agreement between Lake County and the Town of Lady Lake, relating to US 27/441 and CR 25 Connector Project No. 6-97; and authorization to encumber and expend funds, in an amount not to exceed $30,030.00, from the Road Impact Fee Fund, Benefit District 3 - Commissioner District 5.
Accounts Allowed/Contracts, Leases and Agreements/Resolutions
Roads-County and State
Request from Public Works for approval to accept a Letter of Credit, for maintenance, in the amount of $70,500.00; approval and execution of a Developer's Agreement between Lake County and Siena Home Corporation, for maintenance of improvements; release of a Letter of Credit, for performance, in the amount of $731,250.00; approval and execution of a Resolution accepting Siena Drive (2-0840C), Crescendo Loop (2-0840D), Aria Court (2-0840E), and Caruso Drive (2-0840F) into the County Road Maintenance System.
Deeds/Rights-of-Way, Roads and Easements/Public Works
Request from Public Works for acceptance of Non-Exclusive Easement Deeds, Statutory Quit Claim Deeds, and Statutory Warranty Deeds, as follows:
Non-Exclusive Easement Deed
Clyde and Alma M. Lee
Lakeview Drive (5-5538A)
Statutory Quit Claim Deed
Frank E. And Eleanor M. Meade
Laws Road (2-0528)
George T. And Anne D. Kirby, Trustees
Laws Road (2-0528)
Statutory Warranty Deed
United Southern Bank
1st Street (4-9689B)
Carl A. White
Johnson Point Road (1-3821)
Archie and Anderia B. Cooper
Micro Racetrack Road (1-6202)
Val Coursey Homes, Inc.
Sunnyside Drive (1-4122)
Gary A. Bucciarelli
Sunset Drive (4-8589A)
Georgia K. Marshall (As Custodian)
Susan G. Marshall (As Custodian)
Twin Ponds Road (5-7676)
Public Works/Resolutions/Roads-County and State/Signs
Request from Public Works for approval and execution of a Resolution authorizing the posting of "Speed Limit" signs on the following roads, in the Tavares area:
Lona Street (3-3643) Lake Dora Circle (3-3844)
Milwaukee Avenue (3-3744) County Drive (3-3944)
Green Bay Drive (3-3744A) Lake Park Road (3-3637)
Wausaukee Drive (3-3744B) Dead River Road (3-4140)
Sunrise Court (3-3745) N. Eichelberger Road (3-3342)
Sunshine Lane (3-3745A) Woodlea Road (3-3840)
Sunshine Court (3-3745B)
Municipalities/Public Works/Resolutions/Roads-County and State/Signs
Request from Public Works for approval and execution of a Resolution authorizing the posting of "No Parking Any Time" signs on both sides of Niles Road (4-4481), for a distance of 350 feet, south of its intersection with Wolf Branch Road (4-4583), in the Sorrento area.
Municipalities/Public Works/Resolutions/Signs
Request from Public Works for approval and execution of a Resolution authorizing the posting of "Stop" signs at nine locations in Carlton Village, in the Lady Lake area.
Accounts Allowed/Mosquito/Aquatic Plant Management/Public Works/Utilities
Request from Public Works for approval to establish an account for payment of known recurring Mosquito/Aquatic Plant Management utility bills, for FY 1997/98, at a financial impact of $6,130.00.
Accounts Allowed/Grants/Public Works/State Agencies
Request from Public Works for approval and execution of a Cooperative Aquatic Plant Control Program Grant between Lake County and the State of Florida, Department of Environmental Protection, for FY 1997/98, at a fiscal impact of $125,863.00.
Assessments/Public Works
Request from Public Works for approval of the Settlement Stipulation, in the case of Lake County vs. Scott K. Cromer, Special Assessment No. 677068.
Assessments/Solid Waste
Request from Solid Waste for approval and execution of Satisfaction of Assessment Liens, for twelve road assessments, as follows:
Assessment No. Name Date Paid.
661124 Harry and Merrylene Green 08/21/97
669027 Wayne and Deborah Frank 08/12/97
675004 Francis D. Jordan 08/19/97
675007 Richard and Angela Sullivan 08/14/97
677009 Barbara Andrews 08/12/97
677073 Marcellus Beasley 08/15/97
679016 Emma Conlin 08/06/97
679045 Irene VanHoose 08/18/97
679108 Ronald and Phyllis Morse 08/05/97
686025 Harry F. Jr., and Barbara Stokes 08/29/97
688005 Sandra Diezman 08/25/97
759104 Willie L. Jones 08/20/97
Contracts, Leases and Agreements/Solid Waste
Request from Solid Waste for approval and execution of a letter consenting to the assignment of the Solid Waste and Recycling Collection Service Contract from Browning-Ferris Industries of Florida, Inc., successor in interest to Industrial Waste Services, to BFI Waste Systems of North America, Inc., a wholly owned subsidiary of Browning-Ferris Industries, Inc.
Assessments/Resolutions/Solid Waste
Request from Solid Waste for approval and execution of a Resolution providing for the re-certification of the assessment roll for the Solid Waste Collection and Disposal Assessment; providing for certified copies; providing for effect of the adoption of the Resolution; and providing for an effective date.
Assessments/Fire and Emergency Services/Resolutions/Solid Waste
Request from Solid Waste for approval and execution of a Resolution providing for the re-certification of the assessment roll for the Fire and Emergency Services Assessment; providing for certified copies; providing for effect of the adoption of the Resolution; and providing for an effective date.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
The Chairman, Commr. Good, presented the following Employee Awards, with Ms. Gwen Benton, Personnel Department, commenting briefly about the various individuals:
Presentation of Plaque to Employee with Ten Years of Service
Robert A. Chase, Engineering Technician II, Public Works, Engineering Division
Presentation of Plaque to Employee with Fifteen Years of Service
Beverly JW Amerson, Personnel Specialist, Office of Human Resources
Personnel Section
Presentation of Plaque to Retiring Employee with Ten Years of Service
Robert Riecken, Maintenance Specialist II, Facilities and Capital Improvements, Facilities Management Section, Building Maintenance Services ( Not Present for Presentation)
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
"PRIDE" CERTIFICATES
The Chairman, Commr. Good, presented the following "PRIDE" Certificates:
Office of Agricultural Education Service
Charles Fedunak, Horticultural Learning Center
Department of Fire and Emergency Services
Yancey Peterson
Department of Growth Management
John Kruse, Water Quality Service
Terence Wolf, Water Quality Service
Sue Carroll (Not Present for Presentation)
Department of Solid Waste Management Services
Blaine Logan, Assessment Management Services
(Not Present for Presentation)
Office of Tourism
Betty Rushe, Lake County Welcome Center
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION OF RESOLUTIONS
The Chairman, Commr. Good, presented the following Resolutions:
Resolution to Mr. Carroll "Bud" Ward, for the unselfish donation of his time and knowledge, for the betterment of his community.
Resolution to Mr. Glynn Wallace, Plant Manager, Diversified Electronics, Inc. of Leesburg, extending Diversified Electronics congratulations for the successful expansion of its operations and extending them appreciation for remaining in Lake County and adding additional job opportunities for the citizens of Lake County.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION OF PROCLAMATION
The Chairman, Commr. Good, presented the following Proclamation:
Proclamation to Chief Haun and Lake County Fire Rescue, proclaiming the period of October 5 through October 11, 1997 as Fire Prevention Week in Lake County.
PUBLIC HEARINGS
ROAD VACATIONS
PETITION NO. 844 - RONALD DAVIS - LEESBURG
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request to vacate lots, tracts, and right-of-way, Silver Lake Estates, Section 14, Township 19, Range 25, Leesburg area - Commissioner District 3. He stated that said petition had previously been advertised and discussed; however, there was an error in the legal description, as well as the printing. He stated that it was being presented this date to clarify the legal description and request approval to proceed with the vacation.
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. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Road Vacation Petition No. 844, by Ronald Davis, to vacate lots, tracts, and right-of-way, Silver Lake Estates, Section 14, Township 19, Range 25, Leesburg area - Commissioner District 3.
PUBLIC HEARING
ORDINANCES/PUBLIC HEALTH
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR AMENDMENT TO CHAPTER XV OF THE LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO SECTION 15.00.01, DEFINITIONS, TO ADD A DEFINITION FOR DAY CARE CENTERS; PROVIDING FOR CREATION OF SECTION 15.00.97, PROVIDING FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR DAY CARE CENTERS; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Gerber informed the Board that this Ordinance came forward from the Impact Fee Review and Evaluation Committee, which felt it would be good, because of the amount of the fee that is currently on the Impact Fee Schedule for Day Care Centers. She referred to Section 3. - Sunset Provision, on Page 2 of the Ordinance, noting that it contains a sunset clause on the waiver for Day Care Centers.
Commr. Cadwell stated that he had received several calls about the issue and appreciated Commr. Gerber and the Impact Fee Committee bringing the matter forward.
Commr. Good concurred.
Commr. Hanson noted a concern she had about Item (d) - Bible Schools, under Section 1, on Page 2 of the Ordinance, being excluded from the Ordinance and the fact that she felt it could be included under Summer Programs, rather than excluding it totally from the Ordinance.
A brief discussion occurred regarding the matter, at which time Commr. Hanson proposed that Bible Schools not be separated out, in the Ordinance.
Mr. Minkoff, County Attorney, interjected that said language comes out of the statutory definition of Child Care Facility. He stated that, if a facility is not a child care facility, it does not have to get a license, according to the Florida Statutes. He stated that said language was inserted in the Ordinance as a positive.
The Chairman opened the public hearing.
Ms. Jean Kaminski, Executive Director of the Home Builders Association of Lake County and a member of the Impact Fee Review and Evaluation Committee, appeared before the Board stating that she felt said language was a reference to all the various churches that have a two week period, during the summer, for vacation bible school; therefore, she did not feel it would make a difference one way or the other, to leave it in or take it out. She stated that the intent was for full-time day care centers and that the main reason it was considered was because of the change in the welfare laws. She stated that, with many of the welfare recipients returning to the work force, it was felt that they would need some type of assistance, in taking care of their children. She stated that the Committee felt it was worth a one year trial period, to see how it is going to work.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz stated that he felt the Ordinance was crafted by the Committee and staff to address an issue that they felt existed, which is the high fees for day care centers. He stated that the Ordinance was drafted to waive day care centers for one year and he could not see making changes to it, without the Committee first looking at it. He stated that he did not feel the issue of Bible Schools was one that had created a problem. He suggested that the Board adopt the Ordinance before them and, if there are other problems, they can be addressed at a later date.
Commr. Gerber suggested leaving the language in the Ordinance as it presently is and, if it becomes a problem, it can be addressed in one year, when it comes back before the Board.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1997-76 - Waivers and Deferrals of Impact Fees for Day Care Facilities, as drafted by the County Attorney's Office, on its first and final reading, by title only..
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/PUBLIC WORKS/SUBDIVISIONS/UTILITIES
Commr. Cadwell informed the Board that he had asked that this item be pulled from the Consent Agenda and discussed separately, because there were some things that he wanted to clear up. He stated that, when this issue originally came before the Board, he was serving as Chairman and had questioned whether any funds in the Letter of Credit had been set aside for anything other than roads.
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board stating that the bond specified roads; therefore, it was the intent that said funding was for road purposes only. He stated that he had discussed the matter with the County Attorney, Mr. Sandy Minkoff, on several occasions, and that had been their position all along.
Commr. Gerber clarified whether Mr. Stivender was stating that the recommendation on the approval of the PUD, for water and sewer, was not included in the bond.
Mr. Minkoff, County Attorney, stated that, in August of 1996, the County had received complaints from the operator of the golf course in the area of the Seminole Springs development about the construction of the road; therefore, staff reviewed the Letter of Credit that they had been provided, as well as the documents, which were part of the Seminole Springs Phase I development. He stated that United Southern Bank, which had issued the Letter of Credit, took the position that it was not valid. He stated that the Letter of Credit was limited to road purposes only. He stated that the Board accepted an agreement that Commr. Cadwell signed on August 12, 1996, which provided that United Southern Bank would honor the Letter of Credit, for construction of the roads, and that, when the roads were finished and accepted into the County Road Maintenance System, they would provide a second Letter of Credit that could be used to construct a water system for the 13 lots in the development. He stated that, under the Settlement Agreement that the Board approved, the roads have now been constructed and it is the County's obligation to comply with the agreement. He stated that the amount of the Letter of Credit was not correct and it should have included all the public improvements, which it did not. He stated that it was only for Phase I and noted that the Health Department will issue a permit, to serve the 13 lots in question with a water system. He stated that the initial estimates that were received indicate that the second Letter of Credit will be enough to build the water system. He stated that said lots will be covered at the beginning of Phase II, however, should it ever come about, the County will have to address the central systems required by the PUD. He noted that there is a question as to whether there really are 13 lots, because two or three of them are occupied by the golf course and there is an issue as to whether or not they will eventually be vacated. He stated that he felt the reason the Board approved the agreement was due to the fact that the County shared some of the responsibility. He stated that the County initiated the road construction and Public Works supervised it being installed, with the bank providing all the funding.
Commr. Hanson stated that she saw no reason why the County would be involved in putting the infrastructure in. She stated that another option would be, instead of having 13 lots, to aggregate lots and have wells and septic tanks. She stated that maybe the County needed to go back to square one, noting that it is being done throughout the County.
Mr. Minkoff, County Attorney, interjected that the lots may be owned by different people, at this point in time.
Commr. Cadwell stated that the whole idea of having either a bond or a Letter of Credit is to keep the County from getting into that business.
Commr. Gerber stated that the County has the bond and it sounds like the County will have the bond money, therefore, questioned whether the County will go forward and do this, when it needs to be done.
Mr. Minkoff stated that that is ultimately going to be a Board decision.
Mr. Mark Carson, Applicant, appeared before the Board and addressed the issue of the sprinkler systems, which the agreement requires be installed in the 13 homes, although it may turn out to be 10 homes, due to the fact that there are three lots that may not be planned for homes.
Commr. Swartz questioned whether Mr. Carson was opposed to releasing the Letter of Credit, for performance, or to accepting the second Letter of Credit, to construct the central water system.
Mr. Carson stated that he was opposed to both, noting that there is a lis pendens filed on the property that the County is attempting to release the bond on; a recorded Security Agreement against the bond; as well as another recorded agreement against the bond that the County has given away. He stated that he felt staff had misrepresented the case, as well, and that he had a copy of the contractor's cost estimate, relating to the off-site road improvements (accel/decel lanes), which match the bond amount exactly.
Mr. Minkoff informed the Board that Mr. Carson was part of the development group that was involved in the subdivision, which failed, due to the fact that the developer was not fulfilling his commitments, for whatever reason it may be. He stated that the PUD required that there be some turn lanes installed; however, they were deferred for both Phase I and the golf course, by county staff. He stated that the actual Letter of Credit said "road improvements for Phase I", which he noted did not include off-site and on-site improvements. He stated that, when the agreement was approved last year, the Board tried to get as much as it could, remembering that United Southern Bank did not want to honor any of the Letter of Credit, for the road, the water system, or anything else, so the County ended up compromising, where they agreed to pay for the road, to give the County the as-builts, and the second Letter of Credit, for the water system. He stated that staff feels those things will allow the County to take care of the 13 lots, or 10 lots, whatever the case may be. He stated that it is a large PUD; the rest of the development is extremely complicated; Mr. Carson is intertwined with it; and there are several owners, at this point in time, and he felt those were things that he did not feel the Board could resolve.
Commr. Good questioned whether the $16,500.00 Letter of Credit was enough to do what needs to be done.
Mr. Minkoff stated that said figure was close, noting that it was based on an estimate that was used last year, that the County had obtained.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to release a Letter of Credit, for performance, in the amount of $222,200.00; and acceptance of a Letter of Credit, in the amount of $16,500.00, to construct a 10D-4, FAC, central water system, for 13 lots in Seminole Springs, Phase I.
RECESS AND REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would take a five minute recess.
WORKSHOP
UPDATE ON THE NORTH-SOUTH BYPASS AND EAST-WEST CONNECTOR PROJECT DEVELOPMENT AND ENVIRONMENTAL (PD&E) STUDY
PUBLIC WORKS/ROAD PROJECTS/ROADS-COUNTY AND STATE
Mr. Don Griffey, Director of Engineering, Public Works, appeared before the Board and updated them on the North-South Bypass and East-West Connector Project Development and Environmental Study, noting that the County has been working on it for some time. He stated that the North-South Bypass was identified in the County's Comprehensive Plan as a roadway that needed to be considered for future construction. He stated that it was included in the County's Road Impact Fee Program and noted that it is funded by the County's road impact fees. He stated that the project was started in April of 1995, when Reynolds, Smith & Hills was given a Notice to Proceed. He stated that they started with an initial traffic analysis, which was completed by the end of the year, and, in January of 1996, staff came before the Board and presented them with the results of that study, identifying that there was a need for a bypass road in the area. He stated that, in June of 1996, the Board authorized the consultants to proceed with Phase II, which was the PD&E (Project Development and Environmental Study) portion of the project. He stated that there was a bit of preliminary work involved with it and noted that one of the major components of a PD&E study is to have extensive public involvement. He stated that the reason for doing a PD&E study is to ensure that, in the future, if Federal or State funding is available, the County will qualify for it.
Mr. Griffey stated that the County embarked on the public involvement portion of the PD&E study, beginning in March of this year, which was followed up with workshops and meetings with the Board, to give them the results of what had transpired to date, and then staff met with each of the three cities that are partners in the project, being Leesburg, Fruitland Park, and Lady Lake. He stated that three additional meetings were held in June of this year, with said cities, and staff received a great response from the public at said meetings. He stated that staff instructed the consultants to do a traffic analysis and some cost comparisons between doing a Leesburg westerly by-pass, or six laning U.S. 27.
Mr. Roy Chapman, Project Manager, Reynolds, Smith & Hills, the consultants for the County's North-South Bypass and East-West Connector Project Study, appeared before the Board and reviewed several charts, which were submitted, for the record, being a Projected Traffic Volumes Study for the North-South Bypass from South of U.S. 27 to CR 460; a Projected Traffic Volumes Study Within the Existing Network; and a Preliminary Impact Comparison Study. He noted that the traffic on the section of U.S. 27, south of SR 44, is at 68,700 cars per day and north of where U.S. 441 joins U.S. 27 and becomes U.S. 27/441, the traffic is at 55,800 cars per day. He stated that the bypass would alleviate a considerable amount of traffic off U.S. 27/441.
Mr. Griffey informed the Board that, if the County proceeded forward with a modified project, it would involve a detailed traffic analysis. He stated that staff asked the consultants to do a preliminary traffic analysis, to give them an idea of the effect of the bypass, however, noted that it is by no means a complete analysis. He stated that the second thing staff asked the consultants to do was a preliminary cost comparison, noting that, if the County did not construct the bypass around the west side of Leesburg, the alternative to handling the traffic on U.S. 27 would be to six lane it, from the point where it comes together with U.S. 441, south to where it passes by Lake Harris. He stated that Mr. Chapman had put together some figures, to give the Board an idea of how the two compare.
Mr. Chapman reviewed several aerial maps (on display), indicating what it would cost to widen U.S. 27, from CR 25A to U.S. 441, from the existing four lanes to six lanes, compared to constructing the entire bypass. He stated that the consultants found that the widening of U.S. 27, from CR 25A to the intersection of U.S. 441 and CR 44, would cost approximately
$42-44 million and would result in approximately 36 to 39 business relocations along said portion of the highway. He stated that the County would have to buy the right-of-way on either the east or the west side of the highway, which would have a substantial impact on the existing economy of the City of Leesburg and would cause a big change in how the highway would look. He stated that an alternative would be to leave U.S. 27 as a four-lane road and take a look at the new alignment.
Mr. Griffey informed the Board that FDOT is currently studying U.S. 441, noting that they are doing the same type of PD&E study that the County is doing. He stated that they are scratching their heads on how to handle the traffic at the intersection of U.S. 27/441, eastward to SR 44. He stated that he felt the County had peaked their interest, with the modification to the project, because it will help draw traffic off U.S. 27, or appears that it will, which he noted will help them with what they are trying to accomplish in that area. He stated that staff went to the City of Leesburg and showed them what the County was proposing, for their input, and, if they were in support of it, their recommendations.
Ms. Debbie Stivender, Economic Development Coordinator, City of Leesburg, appeared before the Board and submitted, for the record, a letter from the City of Leesburg City Commission, unanimously recommending that the County go forward with a variation of the original North-South Bypass route. She stated that the City Commission approved the concept of the alternative route, at their September 22, 1997 meeting. She stated that the City Commission was very enthusiastic about the project, has had a continuing working relationship with Public Works regarding it, and has been attending the meetings, along with Fruitland Park and Lady Lake. She noted, however, that Fruitland Park and Lady Lake have backed off , because their citizens do not want the bypass in their area. She stated that the Leesburg City Commission felt it was a good alternative for the City, because they have a lot of bottlenecks on U.S. 27, going through town. She stated that the widening of U.S. 27, alluded to by Mr. Chapman, would be a detriment to the City of Leesburg's economy, because it would take out more areas than the areas that Mr. Chapman discussed and may have more of an impact than what he indicated. She stated that the City officials have been working with local property owners, in the area from CR 460 to CR 25A, to come up with some options, and have had great success with it. She stated that, if the Board decides not to go along with the project, the City of Leesburg would still like to work with staff, in trying to alleviate the problems that exist in Leesburg, on U.S. 27, without six laning it.
Mr. Griffey stated that, if the County were to proceed forward with retooling the project to be a Leesburg Bypass, there is a lot of work that staff will have to do, noting that it is not in the scope of work that the County has with Reynolds, Smith & Hills, at the present time. He stated that the County would be looking at a PD&E study, similar to what the County started with, on the North-South Bypass, and there is some ground that the County would have to cover again, that was already covered in the original project, such as a new traffic analysis, a new public involvement process, and going to the public with a Corridor Options Meeting, for input, as well as going through the steps for an environmental analysis, social impacts, costs analysis, etc. He stated that the original contract with Reynolds, Smith & Hills was just under $400,000.00; however, there is less than $140,000.00 of the $400,000.00 left. He stated that they were given notice, in August, not to proceed any further with the project, except for specific direction that staff had given them, so the balance of the monies is just sitting there.
Mr. Griffey stated that Mr. Chapman submitted some estimates of what it will cost the County to retool the project, however, there are some variables involved with it. He stated that, if the nature of the social or environmental impact is not too great, then the County could get away with doing what is called an environmental assessment, which is a lesser effort than an environmental impact statement. He stated that that is what staff was proposing to do with the original project and would hope to do with the revised project. He stated that, if the County only had to do an environmental assessment, it would be looking at a cost, for consulting services, of $410,000.00; however, if the County has to go to an environmental impact statement, it would add an additional $170,000.00 to the cost.
Commr. Gerber stated that she would like to see the County do an Origin/Destination Study on U.S. 27/441 and U.S. 27/44, before she agrees to do another thing, with regard to the project.
Mr. Griffey stated that it would cost approximately $34,000.00 for an Origin/Destination Study, assuming the $140,000.00 balance would be put back into the till, and the County would be starting over. He stated that staff had two recommendations for the Board, as a follow-up to the workshop, being (1) to get Board authorization to modify the project, as it has been identified to them; and (2) to authorize staff to go back and renegotiate a contract with Reynolds, Smith & Hills, which he noted would have to go back to the Board, for approval.
Commr. Cadwell clarified the fact that nothing in the new scope of work would include any of the area north of Wal-Mart, in Leesburg.
Commr. Swartz stated that he did not feel the County could do anything with the roads that would help. He stated that he did not know of any road project that has been done, with the intention of relieving traffic, that has worked. He stated that, if he had the slightest hope that the project would work he would probably support it, but he does not believe that it will. He stated that he has come to the conclusion that to do nothing is better than doing what the County is proposing. He stated that, first of all, the Board needs to do a better job with its land use decisions and, secondly, it needs to get to the point where densities are such that some other mode of transportation can relieve the traffic.
Commr. Hanson stated that she agreed with Commr. Gerber that an Origin/Destination Study needs to be conducted, because the County does not know where the origin and destination points are, at this point in time, nor how much of it is the result of planning and how much of it is just people passing through the County.
Commr. Gerber stated that said figures would help build public trust, noting that the only thing the public sees is what is generated from the computer model and there is distrust for it. She questioned why the County has never built a bridge across Lake Griffin, noting that it would not require businesses to be relocated or residences to be lost.
Mr. Griffey stated that said bridge would provide a great parallel route to U.S. 441 and noted that the visionary maps that were brought before the Board on April 1, 1997 included said bridge. He stated that he felt the County would probably be looking at it, when it updates its countywide transportation model. He stated that it was his intent to plug in said bridge, to see what it would do for the traffic flow. He noted that it has been drawn on maps, in the past, however, has never been acted on.
Commr. Cadwell stated that he felt to do nothing, as Commr. Swartz alluded to, would be a disservice to the County. He stated that he felt the County needed to continue the process, with a minimum of doing an Origin/Destination Study.
A motion was made by Commr. Gerber and seconded by Commr. Cadwell that the County put everything on hold and not fulfill any further the contract that is presently in place with Reynolds, Smith & Hills, with regard to the North-South Bypass and East-West Connector Project Development and Environmental Study, and bring back to the Board, at a later date, a modification of the contract, for an Origin/Destination Study, along with the cost of said study.
It was noted that said study could probably be ready for the Board's perusal within one to two months from this date.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Swartz voted "No".
RECESS AND REASSEMBLY
At 11:50 a.m., the Chairman announced that the Board would take a 15 minute recess.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES/CONTRACTS, LEASES AND AGREEMENTS
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that it was a request for approval of the contract for FY 1997/98 between Lake County and the Health Department, for funding and providing various services to the County Health Department.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of the 1997/98 Agreement between Lake County and the State of Florida Department of Health.
COMMUNICATIONS SYSTEMS/CONTRACTS, LEASES AND AGREEMENTS
Mr. Bruce Thorburn, Communications Systems Director, appeared before the Board and explained this request, stating that, as required by the Federal Communications Commission (FCC), the County has received a letter from Florida Cable, Inc. to renew, informally, their cable franchise with Lake County, which ends August 9, 1998. He stated that Florida Cable has begun to upgrade their existing network, they have increased the revenue stream to the maximum allowable of 5%, and they have allowed for the County's cable access, when it can be provided. He stated that staff was requesting approval to begin the negotiation process, to be brought back to the Board, at a later date.
Discussion occurred regarding the matter, at which time Commr. Swartz questioned whether the County was required to renew the franchise agreement.
Mr. Thorburn stated that the County is not required to renew it, however, noted that since they have only had a total of eight complaints, the Board would have a hard time trying to deny them renewal, under the FCC's formalized rule.
Commr. Swartz questioned whether the County had the ability to insist on their getting cable in, so that they can carry the Lake Sumter Community College broadcast.
It was noted that discussions have been started with Florida Cable, Inc., regarding same.
Mr. Thorburn stated that, as a requirement of the renewal agreement, the Board could ask that they provide connection to the college. He stated that anything the Board asks for could be negotiated.
Commr. Hanson stated that she would like to see Mr. Thorburn negotiate said connection. Commr. Swartz stated that he would support trying to get Florida Cable, Inc. to upgrade their level of service.
Mr. Thorburn questioned whether the number of years would be negotiable.
Commr. Swartz stated that he felt the number of years the Board would agree to would be very much related to Florida Cable's willingness to upgrade their system, to be competitive with other cable providers in the area.
Mr. Thorburn stated that he would request a schedule of the upgrade from Florida Cable, Inc. and what it actually means, so that he can bring it back to the Board, at a later date.
No action was taken at this time.
COMMUNICATIONS SYSTEMS/ORDINANCES
Mr. Bruce Thorburn, Communications Systems Director, appeared before the Board and explained this request, stating that the County has an extension on its franchise agreement with Comcast Communications, depending on the renewal of this Ordinance, and, at the present time, the Assistant County Attorney, Ms. Valerie Fuchs, and the attorneys for Comcast have decided that there is some language that needs to be changed in the Ordinance, which will allow the County to go forward with a unified franchise agreement. He stated that the language in the Ordinance would give the Board flexibility in negotiations.
A brief discussion occurred regarding the fact that no cable company in Lake County, during the last fifteen or sixteen years, has ever been audited and that it may not be a bad idea to do so.
Commr. Swartz suggested that Mr. Thorburn get together with the County Manager and the County Attorney and determined whether or not some type of audit should be conducted.
Mr. Thorburn stated that, in order to make the changes in the Ordinance, as proposed by the County Attorney's Office, staff needed authorization from the Board to advertise a public hearing, to discuss the matter and make it part of the Ordinance, or to delete parts of the Ordinance.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Communications Systems for approval to advertise a public hearing on Lake County Cable Television Ordinance No.1994-14 - Lake County Cable Communications Ordinance, for revision to same.
It was the consensus of the Board to have staff review the audit issue and come back to the Board, at a later date, with a recommendation.
COMMUNITY SERVICES/CONTRACTS, LEASES AND AGREEMENTS
PUBLIC HEALTH
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that it was a request for approval of an agreement between Lake County and the Medical Examiner for the Fifth Judicial Circuit, for FY 1997/98, to provide facilities, to pay for the professional costs of autopsies in Lake County, and to operate the Medical Examiner's facility in Leesburg. He stated that the services that are currently provided, that the County pays for, are going to be spread between three contracts. He stated that this contract is for professional services and noted that the County is attempting to collaborate with the other four counties in the circuit, to share operational costs. He stated that several months ago staff sent a draft agreement to the other counties, for their review, and staff is now receiving feedback from them, requesting a few minor changes. He noted that Attachment B of the document before the Board this date shows a breakdown of how the County plans to charge back to the other counties operational costs and facilities fees. He stated that the County plans to renovate the Morgue this year and is going to spread that cost, on a prorated basis, among the other four counties, based on how many autopsies they perform. He noted that there will be a 13% increase in the charge for autopsies this year, up from $227.00 to $256.00.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of an Agreement between Lake County and the Medical Examiner for the Fifth Judicial Circuit, for FY 1997/98.
COUNTY PROPERTY/ECONOMIC DEVELOPMENT
Commr. Cadwell informed the Board that he presented this request to the Industrial Development Authority, for approval, prior to presenting it to the Board, and that they had approved it. He stated that the former County Attorney, Mr. Chris Ford, served as County Attorney from 1970 to 1989 and was very instrumental in bringing the industrial park (Lake County Central Park) together, along with former County Commissioner Claude Smoak, who played a very integral part in the project, as well.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval to rename Lake County Central Park to Christopher C. Ford Central Park, Lake County.
OFFICE OF TOURISM/OUTDOOR RECREATION/RESOLUTIONS
Commr. Hanson informed the Board, for informational purposes, that the Tourist Development Council passed a Resolution supporting the use of proceeds from pari-mutual revenues and the bonding of those proceeds to advance the Rails to Trails Program and that she felt it was very important that said dollars not be used to supplant other dollars for the Rails to Trails Program that the County may be participating in.
No action was needed or taken.
OTHER BUSINESS
COMMISSIONERS/MEETINGS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to change the November and December meeting schedule for the Board of County Commissioner's Meetings, due to the Thanksgiving and Christmas holidays, as follows:
November Meetings set for November 4 and 25, 1997
December Meetings set for December 2 and 16, 1997
ADDENDUM NO. 1
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board reappointed Ms. Terry Moherek as Cooper Memorial Library's representative on the Lake County Library Board.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/COUNTY PROPERTY
MUNICIPALITIES/TAX COLLECTOR
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of the Second Amendment to the Lease Agreement between Lake County and Tavares Associates, Ltd., relating to commercial office space for the Tax Collector's Office, at Tavares Square Shopping Center; and approval and execution of the Lease Agreement between Lake County and Mr. James L. Meadows, relating to office space for the Tax Collector's Office, at 1208 Bowman Street, in Clermont.
REPORTS
COUNTY ATTORNEY
SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, informed the Board that this request involved the case of Fenton vs Lake County - the case of the child that was injured at the Grantham Pit operation. He stated that the Judge in the case granted the County a Summary Judgment, so the County won the suit; therefore, there is no longer a case against the County. He stated that he needed direction from the Board, as to how to proceed, however, noted that his recommendation would be to seek costs, but not attorney's fees.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to seek costs, in the case of Finton vs Lake County, but not to seek attorney's fees.
ADDENDUM NO. 2
REPORTS
COMMISSIONER HANSON - DISTRICT 4
GROWTH MANAGEMENT/MUNICIPALITIES/ZONING
Commr. Hanson brought to the attention of the Board a problem that currently exists in the Astor Forest Campsites, with regard to its zoning classifications, noting that approximately 32 lots within the Campsites are zoned R-6; however, the remainder of the lots are zoned Agricultural. She stated that a realtor in Astor, Ms. Louise Williams, initiated a rezoning from R-6 to R-7 for a lot that she had sold an individual, which would allow either a mobile home or a house to be placed on the lot, and had paid filing fees, however, discovered that a mobile home could not be placed on the lot in question. She stated that staff was requesting approval from the Board to move forward with rezoning those lots currently zoned R-6 to R-7, to allow for the placement of mobile homes and single family residences on said lots.
Mr. Sandy Minkoff, County Attorney, stated that staff was supportive of the request and would like to refund the filing fee that has been paid by Ms. Williams.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board directed staff to move forward with a County initiated rezoning on those lots currently zoned R-6 to R-7, within the Astor Forest Campsites plat, and that filing fees be refunded to the applicant, Ms. Louise Williams.
Ms. Williams appeared before the Board and questioned how soon a permit could be acquired.
Ms. Sue Whittle, County Manager, stated that it would probably be ready for approval by the Board at the November 25, 1997 Board Meeting.
Ms. Williams questioned whether there was any way for her to obtain a permit, pending said action.
Mr. Minkoff stated that, if the Board wished to issue the permit, as long as the property owner understands that, if the rezoning does not go through, the mobile home would have to be removed, the County could accommodate said request.
Ms. Williams stated that she would remove the mobile home, if necessary, at her expense.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a permit, to allow the applicant to place a mobile home on the lot in question, with the understanding that, if the rezoning is not approved, the applicant would be responsible for removing the mobile home from said property.
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
COUNTY EMPLOYEES/LAWS AND LEGISLATION
Commr. Cadwell requested approval to place on the Agenda a request to have the County Attorney's Office draft some proposed legislation that he could present to the Florida Association of Counties, with regard to exempting County employees' addresses from the Public Records Law, stating that the County has some employees that are very concerned about the matter.
The Chairman, Commr. Good, passed the gavel to the Vice Chairman, Commr. Swartz, and approved to place said item on the Agenda.
Commr. Cadwell seconded the motion.
The Vice Chairman called for a vote on the motion to place the item on the Agenda, which was carried unanimously, by a 5-0 vote.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved to request the County Attorney to prepare language for Commr. Cadwell to submit to the Association of Counties and to forward to the County's legislative delegation, exempting County employees' addresses from the Public Records Law.
The Vice Chairman, Commr. Swartz, passed the gavel back to the Chairman, Commr. Good.
ADDENDUM NO. 1
REPORTS
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2
EDUCATION/RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution recognizing the accomplishments of 4-H organizations in Lake County and thanking them for their efforts.
REPORTS
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2
PUBLIC HEALTH/RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution recognizing and thanking the Orlando Regional Medical Air Care Team for the services it has provided to Lake County and Central Florida. INFORMATIONAL ITEM
The following vested rights determination has been issued:
Vested Rights Determination Regarding Lot 6, Deerwood Farms, an Unrecorded Subdivision Approved by Lake County on August 1, 1978
Lake County will not deny the owner of Lot 6, Deerwood Farms, a plat in the Northeast
of Section 25, Township 19 South, Range 28 East, the opportunity to develop the property in accordance with the Agriculture Zoning District, provided:
1. within three (3) months from the date of this vested rights determination, the following described property is dedicated as an easement for a Joint Use Connection to SR 46:
From the center section corner of Section 25, Township 19 South, Range 28 East, run North 89 degrees 54' 46" East along the East- West center section line of said Section 25, a distance of 1.923.30 feet, thence North 00 degrees 01' 10" West, parallel with the East line of the Northeast 1/4 of said Section 25, a distance of 1,146.13 feet to a Point of Beginning, thence South 89 degrees 54' 46" West, a distance of 25 feet, thence North 00 degrees 01' 10" West to the Southerly right-of-way of SR 46, to a point approximately 100 feet North 00 degrees 01' 10" West of the Point of Beginning on the Southerly right-of-way of SR 46, thence South 00 degrees 01' 10" East, approximately 100 feet to the Point of Beginning.
2. deed restrictions are recorded in the Public Records of Lake County, Florida, releasing Lake County from any obligation, and designating an entity responsible for maintenance of the easement at the time the easement is created; and
3. this vested rights determination is recorded in the Public Records of Lake County, Florida, within one (1) month from the date of this vested rights determination.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:50 p.m.
___________________________________
WILLIAM "BILL" H. GOOD, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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