The Lake County Value Adjustment Board met in special session on Tuesday, December 16, 1997, at 8:45 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: William "Bill" H. Good, Chairman; Richard Swartz, Vice Chairman acting as Chairman; and Rhonda Gerber. School Board members present were: Jimmy Conner; and Kyleen Fisher (Ms. Fischer was not present). Others present were: Sandy Minkoff, County Attorney; Frank Royce, Chief Appraiser; and Marlene S. Foran, Recording Secretary.
MINUTES
Regarding the Minutes of October 2, 1997, the following correction was requested:
Page 2, Line 31 - delete "Viera" and insert Fischer.
On a motion by Commr. Good, seconded by Mr. Conner and carried unanimously by a 4 - 0 vote, the VAB approved the Minutes of September 29, 1997, October 3, 1997; October 24, 1997, and October 30, 1997, as presented; and the Minutes of October 2, 1997, as amended.
Ms. Fischer was not present for the discussion or vote.
OTHER BUSINESS
Mr. Sandy Minkoff, County Attorney, informed the VAB that a lawsuit has been filed in the case of Charles Sunderman/Sunderman Groves, Inc., Petition No. 1997-35, by the Property Appraiser's Office.
There being no further issue to be brought to the attention of the VAB, the meeting recessed at 8:55 a.m.
G. RICHARD SWARTZ, JR., VICE CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
msf\boardmin\12/16/97\1-14-98
The Lake County Board of County Commissioners met in regular session on Tuesday, December 16, 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: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Jodie Hanson, Executive Secretary; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that a published addendum had been added to the agenda.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed
Request for approval of Budget Adjustments for FY 97/98 from the Office of County
Finance, as follows:
A. Transfers:
1. Fund: Lake County Ambulance Fund
Department: Fire & Emergency Services
From: Books, Publications & Dues $27,066
To: Personal Services $27,066
Transfer #: 98-045
Justification: Funds budgeted to pay instruction fees for medical related classes were placed in Books, Publications & Dues account. These instructors are County employees which requires these funds be expended from Personal Services.
2. Fund: General Fund
Department: County Manager
From: Contingency $12,000
To: Professional Services $12,000
Transfer #: 98-046
Justification: Transfer needed from contingency to cover estimated monthly costs associated with the services rendered by William R. Hough and Company. The contract was not finalized during preparation of the budget; therefore, the necessary funds were not included for this expense.
3. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency - Sheriff $10,000
To: Law Operating $10,000
Transfer #: 98-047
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $10,000 be transferred from Contingency - Sheriff to his Law Operating account.
4. Fund: General Fund
Department: County Attorney/Tax Collector
From: Contingency $12,600
To: Attorney Legal Fees $12,600
Transfer #: 98-048
Justification: Additional funds needed to pay counsel retained in Arizona to represent the County regarding All Seasons Resort in which a substantial amount of tax is due.
B. Authorization to Pay:
1. Vendor: City of Mt. Dora
Amount: $158,755
Justification: Payment of Ad Valorem Taxes required from each taxing authority to the City of Mt. Dora for their two Redevelopment Districts.
2. Vendor: City of Eustis
Amount: $26,580.47
Justification: Payment of Ad Valorem Taxes required from each taxing authority to the City of Eustis for its Redevelopment District.
3. Vendor: City of Leesburg
Amount: $82,025
Justification: Payment of Ad Valorem Taxes required from each taxing authority to the City of Leesburg for its Redevelopment District.
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions of Judgment for the following:
Satisfaction of Judgment for William J. Poston, a child, and Carol Sue Poston, in the amount of $150.00, Case No. 83-711CJ & 84-293CJ.
Satisfaction of Judgment for William J. Poston, a child, and Carol Sue Poston, in the amount of $150.00, Case No. 83-711CJ.
Satisfaction of Judgment for William Poston, in the amount of $250.00, Case No. 86-475-CFA.
Satisfaction of Judgment for Gary Alan Miller, in the amount of $750.00, Case No. 97-810CFA01 DS.
Bonds - Contractor
Request for approval of Contractor Bonds, New, Cancellations and Reinstatements, as follows:
New
5572-98 Southern Plumbing
5574-98 Mark Rainer dba Rainer Plumbing, Inc.
5575-98 Pedro B. Luna (Concrete/Masonry)
5576-98 Design Electrical Contractors
5577-98 Jonathan D. Mills (Concrete)
Cancellation
1693-95 Jim Cichielo, Inc. (General Contractors)
5426-97 Richard Menard
Reinstatement
4165-97 Michael S. Brannon dba Brannon Construction Company
5327-98 John R. Miller (Electrical)
Accounts Allowed
Request for approval 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.
Reports
Request to acknowledge receipt of copy of Quarterly Report from Greater Orlando Area Legal Services, Inc. for the period ending September 30, 1997.
Reports/State Agencies
Request to acknowledge receipt of Southwest Florida Water Management District Fiscal Year 1997 Fiscal Report and Fiscal Year 1998 Five Year Capital Improvement Plan.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 8, approval of the sale of Lot 3 or Lot 4 of the Christopher C. Ford Central Park; and approval and execution of Real Estate Purchase and Sales Agreement between Lake County and Robert Pattillo Properties, Inc., be pulled for discussion.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 8:
Resolutions/Roads-County & State
Request for approval and execution of Resolution No. 1997-222 relating to the renaming of Connie Court and Kaylee Way.
Accounts Allowed
Request for approval and execution of Satisfaction of Mortgage for Laura B. Para.
Request for approval and execution of Satisfaction of Mortgage for Linda and Henry Bogan.
Request for approval and execution of Satisfaction of Mortgage for Raymond and Michelle R. Vazquez.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Jobs Growth Investment Trust Fund Monies contract between Lake County and Exceletech, Inc. in an amount not to exceed $37,500.
Contracts, Leases & Agreements/Subdivisions
Request for approval and execution of Developer's Agreement between Lake County and PCD, Inc., for the issuance of two (2) building permits on Lots 106 and 107 in the Eagleridge Phase II Subdivision prior to the acceptance and recordation of the Final Plat - Commission District 2.
Bonds
Request for approval and execution of Mobile Home Bond for Jessie and Sharon Gayheart to place a travel trailer on property located in the South Lake County area at the intersection of C-565 (Bay Lake Road) and Calvin Lee Road (DR 2-0609), lying east of C-565 and south of Calvin Lee Road (21-23-24), while constructing a single family home.
Accounts Allowed/Contracts, Leases & Agreements/Deeds/Subdivisions
Request for acceptance of Final Plat for Magnolia Pointe Subdivision; acceptance of Letter of Credit, in the amount of $2,830,392.20; approval and execution of Developer's Agreement for Construction of Improvements between Lake County and Magnolia Pointe Development, Inc.; and acceptance of Statutory Conservation Easement Deed from Magnolia Pointe Development, Inc. - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Deeds/Subdivisions
Request for acceptance of Final Plat for Susan's Landing Phase II Subdivision; acceptance of Cashier's Check, in the amount of $561.00; approval and execution of Developer's Agreement for construction of improvements between Lake County and Susan's Landing, Inc.; and acceptance of Statutory Conservation Easement Deed from Susan's Landing, Inc. - Commission District 2.
Roads-County & State/Resolutions
Request for approval and execution of Resolution No. 1997-223, accepting Forest View Road #4-8698D and Sixth Street #4-8798C into the County Road Maintenance System.
Accounts Allowed/Contracts, Leases & Agreements/Deeds/Subdivisions
Request for acceptance of Final Plat for Eventing Acres Subdivision; approval and execution of Developer's Agreement for construction of improvements between Lake County and Joel H. Sharp; acceptance of Letter of Credit for performance, in the amount of $262,870.50; and acceptance of Conservation Easement Deed.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Agreement between Lake County and LifeStream Behavioral Center, Inc. d/b/a Lake County Transit for annual grant funding in the amount of $37,685.00.
Contracts, Leases & Agreements/State Agencies
Request for approval and execution of Joint Participation Agreement between Lake County and the Florida Department of Transportation (FDOT) for the Lake County Model Validation/Model Update and Year 2020 Plan.
Deeds/Rights-of-Ways, Roads & Easements
Request for acceptance of Drainage Easement and Statutory Warranty deeds, as follows:
Drainage Easement
Donald & Ann Guber (as Trustees)
Off C-Old 50
Statutory Warranty Deed
Robert H. Powell
Terrance J. Carney
Lakeview Drive (5-5538A)
Rights-of-Way, Roads, Easements/Subdivisions/Road Closings
Request for approval to advertise Road Vacation Petition No. 856 by Billy and Nannette Evans to vacate Right-of-Way, Parkdale Subdivision, Section 11, Township 21, Range 25, Howey-in-the-Hills area - Commission District 2.
Rights-of-Way, Roads, Easements/Subdivisions/Road Closings
Request for approval to advertise Road Vacation Petition No. 857 by James R. Mochow to vacate Right-of-Way (Bernice Avenue), Plat of Dream Lake Poultry Ranches, Section 5, Township 18, Range 26, Umatilla area - Commission District 5.
Rights-of-Way, Roads, Easements/Subdivisions/Road Closings
Request for approval to advertise Road Vacation Petition No. 858 by The LaSalle Group, as Trustee, and Lawrence E. White, as Trustee, to vacate plat, Osprey Heights, Phase I-A, Section 36, Township 20, Range 25, Howey-in-the-Hills area - Commission District 3.
Accounts Allowed/Purchasing
Request for approval to purchase and install the Lake County Library System Dynix automation system and network at the Fruitland Park Library, at a cost of $31,344.00. This is an addition to the existing system.
On December 7, 1993, the Board of County Commissioners (BCC) approved the award of Proposal #P-5-3-18 for a turnkey library automation system. On July 11, 1995 and October 15, 1996, the BCC approved additional sole source purchases from Ameritech to expand and enhance the automation system and network. The single provider purchase will insure the successful integration of all components into the operation of the proprietary automation system software and configuration.
Funding, in the amount of $11,218.00, for this project is from Account No. 690.20038300.571.8600640 (Operating Budget) and funding, in the amount of $20,126.00, is from Account No. 690.20038476.571.8600640 (FloriNet Phase II Grant).
Request for approval to negotiate and, based on successful negotiations, approval and execution of a contract between Lake County and A.D.R., Inc., the number one ranked respondent for RFP #98-007, Digital Orthophotography in compliance with Florida Statute 287.055 (Consultants' Competitive Negotiation Act) and County Policy LCC-19. This project will provide the ability to produce a uniform base map in conjunction with the orthophotography and Property Appraiser's tax maps.
The Lake County Water Authority will participate in the project and they have estimated their portion at $35,000.00. The cities of Clermont, Eustis, and Leesburg may also choose to participate in this project. Additional funding may be available from the Department of Revenue and/or the Department of Emergency Services.
On November 14, 1997, the Selection Committee held public interviews with the three firms which were short listed for the project and submit the following ranking: (1) A.D.R., Inc. (2) ASI Landmark (3) Woolpert. Funding for this project will be from the following:
Lake County Public Works - $100,000.00 - Account No. 112.50055100.541.8300341 (County Transportation Trust, Department of Public Works, Engineering, Contractual Services)
Lake County GIS - $120,000.00 - Account No. 001.18085200.513.8300340 (General Fund, Office of Computer Services, Contractual Services)
Contracts, Leases & Agreements/Solid Waste
Request for approval and execution of Amendment No. 2 to Solid Waste and Recycling Collection Contracts between Lake County and Town and County Refuse, Inc., South Lake Refuse, Inc., and Browning Ferris Industries extending the December 31, 1997 notification deadline to June 30, 1998.
PERSONAL APPEARANCES/PUBLIC HEARINGS
WORKSHOP - LOCAL OPTION GAS TAX FORMULA
Mr. Jim Stivender, Senior Director, Public Works, appeared before the Board to present the workshop on the Local Option Gas Tax Formula and distributed copies of the Timelines For Approval of New 6 Cents Formula, and the Transportation Expenditure Definitions to the Board for review. He stated that discussion this date would be on a new proposed formula, and on transportation expenditure definitions. He directed the Board's attention to the 6 Cents Local Option Gas Tax Distribution Options chart and explained that the existing current formula was based on the County receiving 66.38 percent, and the Cities receiving 33.62 percent. He explained that the proposed distribution options were based on Maintained Road Miles/Population Averaged; 5 Year transportation Expenditure 75%/Population 25%; 5 Year Transportation Expenditures 65%/Population 35%; 5 Year Transportation Expenditures without Impact Fees; and 5 Year Transportation Expenditures without Impact Fees 65%/Population 35%. He directed the Board's attention to the transportation expenditure definitions and noted that a clarification had been made to "airports".
Commr. Cadwell explained that there was concern about the definition for "airport"; therefore, clarification has been made to the definition of "airport" indicating that the 6 Cent Local Option Gas Tax could not be used for cost of maintenance, operations, and capital associated with airport operations.
Commr. Good requested that bridge replacement be included in the definition for Road and Street Construction and Reconstruction.
Mr. Stivender directed the Board's attention to the Annual Transportation Expenditure Report and explained that this report was to be submitted by all of the entities to assure equality among the various entities.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Transportation Expenditure Definitions, as amended, to include bridge replacement under Road and Street Construction and Reconstruction; the Annual Transportation Expenditure Report form; and to forward the documents to the Cities for ratification.
Mr. Stivender discussed further the proposed 6 Cents Local Option Gas Tax distribution options and stated that he was greatly concerned about the loss of revenue for the County and the County's ability to build roads. He noted that the 5 Year Transportation Expenditures without Impact Fees 65%/Population 35% distribution option would result in approximately 4 miles of County roads not being pave in rural Lake County. He expressed concern with losing $466,713 in revenue, and the County's ability to deal with the rural areas in Lake County. He stated that staff was recommending that the Board approve the proposed Maintained Road Miles/Population Averaged distribution option and suggested that consideration be given to reducing the burden on those cities receiving the largest losses by spreading said losses over a period of two (2) years.
Mr. Robert Moore, President, Lake County League of Cities and Tavares City Council, appeared before the Board and stated that several months ago the cities appeared before the Board asking for a more fair and equitable distribution methodology for the current 6 Cents Local Option Gas Tax based on the fact that the data in the formula currently being used was over fifteen (15) years old. He explained that the cities had previously presented a proposal to the Board to use a 65% Transportation Expenditure/35% Population using current numbers without impact fees. He stated that the cities have not embraced the Maintained Road Miles/Population formula because there were basic inequities built into the road mile formula. He explained that a road mile in a city requires more money to maintain than a County road mile. At this time, discussion occurred regarding the cost to maintain a county road mile versus city road mile and the distribution options.
Mr. Stivender stated that 350 miles of County roads require speed limits in excess of 35 miles per hour; therefore, there was a high level of maintenance to keep those roads safe for those speeds.
Commr. Good stated that another issue to be factored into the formula was the benefit to the cities from truck traffic moving goods to the cities and between the cities using County road miles resulting in a different type of wear to County roads than to city street.
Commr. Cadwell stated that he was sensitive to the needs of the cities and that he would support the cities' recommendation for the 5 Year Transportation Expenditures without Impact Fees 65%/Population 35%. He suggested that the Board make a decision on a 6 Cents Local Option Gas Tax distribution option and send the option to the cities for their review.
Commr. Swartz stated that he understands the fair and equitable argument which was why he was willing to support the Maintained Road Miles/Population Averaged distribution option. He stated that the impact fee issue was a valid issue, however, to not calculate impact fees in the approach would not be fair and equitable. He stated that the County does not have sufficient dollars with impact fees and with the gas tax to maintain the County's existing road network.
Commr. Good made a motion, which was seconded by Commr. Gerber to approve the staff recommendation to accept the 6 Cents Local Option Gas Tax "Maintained Road Miles/Population Average distribution option providing Lake County with 63.19% and the cities with 36.81%.
Commr. Swartz clarified that, if the motion was approved, the option would be presented to the cities and, if the cities did not approve to accept the County's recommendation to use Maintained Road Miles/Population Average, the Board would maintain the existing Interlocal Agreements with the current split of 66.38% for the County and 33.62% for the cities.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Cadwell voted in opposition.
ADDENDUM NO. 1
PERSONAL APPEARANCES
REPORTS
Mr. Robert Moore, President, Lake County League of Cities, appeared before the Board to report on behalf of the Cities and explained that members of the Lake County School Board, the Superintendent of Schools, School Board staff, representatives from eight (8) cities and Commr. Hanson have meet to discuss the long-term capital plan needs of the Lake County Schools and funding of said needs through the one cent sales tax. He stated that it was the consensus of the group that sharing with the Lake County School Board was appropriate for the one cent sales tax. He stated that the Cities have requested that the school system demonstrate the need for funding, and how the tax dollars would be used if the Cities and the Board of County Commissioners agree to redistribute the dollars. He stated that there was an agreement with the School Board to put together the data, and the consensus of the group was that they would have a meeting with the policy makers when Dr. Jerry Smith, Superintendent of Schools, was ready to present the long-term capital plan needs. He stated that the group has agreed that the voters should be informed if this issues goes on the ballot and the cities were preparing historical data and would work together to inform the voters. He stated that he was representing the group of city representatives that were at the meeting and that a general consensus has not been taken of all fourteen (14) municipalities. He stated that the Cities of Mount Dora, Tavares, Clermont, Leesburg, Eustis, Howey-in-the-Hills, Mascotte and Lady Lake were represented at the meeting and two elected officials were present from the City of Tavares and the Town of Howey-in-the-Hills.
Dr. Jerry Smith, Superintendent of Lake County Schools, appeared before the Board and stated that Lake County was growing at 1,500 new students per year which was equivalent to two new schools per year. He stated that their purpose today was to bring to the Board a thumb nail sketch of the needs of the Lake County School System and that a formal plan and presentation would be presented to the Lake County School Board on January 18, 1998.
Mr. Herman Kicklighter, Lake County School System, appeared before the Board and presented an overview of the tremendous need for school facilities in Lake County. He stated that there were 26,724 students in Lake County and that it was anticipated that by the end of the 2008 school year there would be approximately 35,000 students according to the state formula. He explained that, currently, there were 3,600 more students than there were school stations, and students were being located in unsatisfactory portable school rooms, media centers, and lunch rooms. At this time, he discussed the long-term capital plan needs for the Lake County School System, and noted that the plan, when completed, would identify $200,000,000 in construction costs planned during the next five year period.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/BONDS/RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, stated that a revised resolution approving the issuance of up to $8 Million in Industrial Revenue Bonds, Series 1997, by the Lake County Industrial Development Authority on behalf of TruStone Florida, Inc., had been distributed to the Board prior to the discussions this date. He explained that language has been incorporated into the resolution, under Section 4. Limited Approval, which states that approval shall not be construed as an approval of any necessary rezoning application or approval or acquiescence to the alternation of existing zoning or land use nor approval for any other regulatory permits relating to the Project, and the Board shall not be construed to have waived any right of the Board or estopping the Board from asserting any rights or responsibilities it may have in such regard.
Ms. Leslie Little, Senior Director of Economic Development, appeared before the Board and explained that TruStone Florida, Inc. was an autoclave concrete manufacturing facility and has been approved by the Industrial Development Authority. She explained that the $8 Million Revenue Bond would not necessarily be site specific to this particular site; however would be site specific to Lake County.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. R-97-1997-225, approving the issuance of up to $8,000,000.00 in Industrial Development Bonds, Series 1997, by the Lake County Industrial Development Authority on behalf of TruStone Florida, Inc. Project.
PUBLIC HEARINGS
ASSESSMENTS/RESOLUTIONS
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to present the Notice of Intent of Use of the Uniform Method of Collecting Non-Ad Valorem Special Assessment for Municipal Service Benefit Units Resolution, and noted that the public hearing has been properly advertised in the Lake Sentinel. He explained that the Notice of Intent Resolution was required by Chapter 197, Florida Statutes, Section 197.3632 in order to add new assessment programs for the new 1998 tax roll. He stated that this blanket Notice of Intent would allow subdivision associations to petition the Board for a special assessment for services such as general services or street lighting to be placed on the 1998 tax roll for modification of current assessment if deemed appropriate by the Board.
At this time, the Chairman opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request to authorize and execute Resolution No. 1997-224, Notice of Intent of Use of the Uniform Method of Collecting Non-Ad Valorem Special Assessment for Municipal Service Benefit Units; subject to review and approval by the County Attorney.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Lake County Code, Chapter 6, Building Codes and Construction, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY FLORIDA PROVIDING FOR AMENDMENTS TO CHAPTER 6 OF THE LAKE COUNTY CODE, BUILDINGS AND CONSTRUCTION, IN ORDER TO BRING IT INTO COMPLIANCE WITH FLORIDA STATUTES, AND TO ADOPT THE MOST RECENT BUILDING AND CONSTRUCTION TECHNICAL CODES AND THE STANDARD HOUSING CODE; BY AMENDING SECTION 6-3, APPEALS, SECTION 6-21, ADOPTION, SECTION 6-46, AUTHORIZATION AND JURISDICTION, SECTION 6-50, UNLICENSED INDIVIDUALS AND FIRMS, SECTION 6-51, PROCEDURES, SECTION 6-52, DISCIPLINARY ACTIONS, SECTION 6-72, EXEMPTIONS, SECTION 6-73, QUALIFICATIONS FOR PRACTICE, SECTION 6-95, CLASSIFICATION, EXAMINATION, ETC., SECTION 6-96, APPLICATION FOR LOCAL LICENSE OR LOCAL REGISTRATION, SECTION 6-97, INACTIVE LOCAL LICENSES OR LOCAL REGISTRATIONS, SECTION 6.105, PERMITS, SECTION 6-106, CERTIFICATE OF OCCUPANCY, SECTION 6-107, NOTICE OF UNSAFE STRUCTURES, SECTION 6-108, DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and explained that the amendments to the Lake County Code, Chapter 6, Building Codes and Construction, would bring the current codes up to date, adopt the Standard Housing Code, bring Chapter 6 in conformance with State Statutes, and would modify disciplinary hearing procedures for the Board of Building Examiners. She directed the Board's attention to Page 52, and noted a change deleting "carpentry" and inserting vinyl or lightening system. She displayed on the monitor new language on Page 53 Section (e), as follows: Pursuant to Section 489.113, F.S., any person engaging in commercial work above three (3) stories or greater than fifty thousand (50,000) square feet shall adhere to local licensing requirements.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board to express her support of the ordinance before the Board at this time and to express a "thank you" to County staff for their cooperation and work on said Ordinance.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1997-89 amending the Lake County Code, Chapter 6, Building Codes and Construction, as read on its final reading, by title only, with the following language inserted under Section 9. (e) Pursuant to Section 489.113, F.S., any person engaging in commercial work above three (3) stories or greater than fifty thousand (50,000) square feet shall adhere to local licensing requirements.
FIRE PROTECTION/SHERIFF'S DEPARTMENT/ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance establishing and outlining regulations for burglary, fire, and robbery alarm systems within the County of Lake, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING AND OUTLINING REGULATIONS FOR BURGLARY, FIRE, AND ROBBERY ALARM SYSTEMS WITHIN THE COUNTY OF LAKE; PROVIDING FOR RESPONSE TO SAID ALARMS BY THE LAKE COUNTY SHERIFF'S OFFICE OR LAKE COUNTY FIRE AND EMERGENCY SERVICES; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR NOTIFICATION AND REGISTRATION OF OWNERS OR OPERATORS OF ALARM SYSTEMS; PROVIDING FOR ALARM SYSTEM OPERATION AND MAINTENANCE; PROVIDING FOR MANUAL RESET OF ALARM SYSTEM; PROVIDING FOR USE OF LICENSED CONTRACTORS FOR ALARM SYSTEMS; PROVIDING FOR REPORTING OF INDIRECT ALARMS; PROVIDING FOR ALARM SYSTEM OPERATING INSTRUCTIONS; PROVIDING FOR ALARM DISPATCH RECORDS; PROVIDING FOR DUTY OF REPRESENTATIVE TO RESPOND TO ALARM ACTIVATION; PROVIDING AUTHORITY FOR RESPONDING UNITS TO ACCESS STRUCTURE; EXCLUDING NEWLY INSTALLED ALARM SYSTEMS FOR SIXTY DAYS FROM DATE OF INSTALLATION; PROVIDING FOR ALARM SYSTEM OPERATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that the effective date of the ordinance would be July 1, 1998 as proposed to allow for a six month notification time frame to advise the public and alarm system businesses of the options and variables.
Mr. Frank LeFleur, Technical Service Division Director, Fire and Emergency Services, appeared before the Board and explained that allowing for six false burglar alarms in one (1) calendar year, and one false fire alarm in one (1) calendar quarter before the penalty of $250.00 would be charged was at the request of the Lake County Sheriff's Office. He explained that the Sheriff's Office averages approximately 425 false alarms per month compared to Fire Rescue averaging approximately 600 to 700 false alarms per year. He explained that the ordinance allows for a reduction of up to 50% of the $250.00 charge if the owner has voluntarily registered the alarm system and has installed a lock box at the site.
Commr. Swartz opened the public hearing portion of the meeting.
Mr. Richard Gander, a local resident, appeared before the Board and requested clarification on the number of false alarms allowed on a registered residential alarm system.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1997-90, establishing and outlining regulations for burglary, fire and robbery alarm systems within the County of Lake, as read on its final reading, by title only.
RECESS & REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess for 5 minutes and reconvene at 10:30 p.m.
ZONING
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and stated that there was a request to withdraw Agenda Item No. 5, PH#56-97-5, Elisha Johnson, Jr., represented by Ms. Bonnie Roof.
No one present wished to discuss this request.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to accept the request for withdrawal of Agenda Item No. 5, PH#56-97-5, Elisha Johnson, Jr., Bonnie Roof, Representative.
Ms. Farrell noted that a letter, dated December 11, 1997, had been received from Ms. Cecelia Bonifay, Attorney, Ackerman, Senterfitt & Eidson, P.A., requesting a two (2) month continuance for Public Hearing No. MSP#97/11/1-2, Tarmac America, and that staff was recommending approval of the request for a two (2) month continuance.
Mr. Jimmy Crawford, Attorney, representing a number of families in the area, appeared before the Board and stated that his clients did not have an objection to the two (2) month continuance. He requested that the Board consider moving the public hearing on Petition No. MSP#97/11/1-2 to an evening hearing at a location in South Lake County for the convenience of the public and that said hearing be limited to ninety (90) minutes.
Ms. Cecelia Bonifay, Attorney, Ackerman, Senterfitt & Eidson, P.A., representing the Tarmac America, Inc., appeared before the Board and clarified that they were asking for a two (2) month continuance with the option of a January 27, 1998 hearing date if preparations are finalized and County staff has been notified prior to the Notice deadline for the January 27, 1998 hearing date. She stated that she would object to moving the public hearing to a location in South Lake County due to the inconvenience to her clients.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request for a two (2) month continuance of Petition No. MSP#97/11/1-2, Tarmac America, Inc, to February 24, 1998, a set date, at 6:00 p.m., in the Board of County Commissioners Meeting Room.
PETITION NO. PH#55-97-4 CP to R-1 CLAXON E. PARKER
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request from Claxon E. Parker for rezoning from CP (Planned Commercial) to R-1 (Rural Residential) for a residential building lot. She stated that the parcel was approximately 1.25 acres in the Paisley area and was before the Board two years ago and rezoned from R-1 (Rural Residential) to CP (Planned Commercial), and the new owners were requesting that the parcel be rezoned back to R-1 (Rural Residential). She stated that staff recommends approval to R-1 (Rural Residential), and that the Planning and Zoning Commission recommended approval by a 6 - 0 vote. At this time, Commr. Swartz opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
It was noted that the applicant's representative, Ms. Bonnie Roof, had to leave the meeting this date due to the illness of a family member.
There being no one present who wished to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from CP (Planned Commercial) to R-1 (Rural Residential) for a residential building lot - Ordinance No. 1997- 92.
PETITION NO. CUP#97/12/1-4 CUP IN A RICHARD & GAIL KELLY
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request from Richard and Gail Kelly for a CUP in A (Agriculture) to allow for the keeping and breeding of pigeons as a hobby for competition in shows not held on the premises on approximately a 1.1 acre parcel in the Sorrento area. She stated that staff recommends approval, as conditioned, and that the Planning and Zoning Commission recommended approval by a 7 - 0 vote with the conditions that the annual review fee of $150.00 be waived, and the manure be allowed to be stored in compost bins. She stated that the waiver of the annual review fee has not been included in staff's original recommendation and that she would have a difficult time justifying the waiver of the annual review fee.
At this time, the Commr. Swartz opened the public hearing portion of the meeting.
Mr. Richard Kelly, the applicant, appeared before the Board and explained that he breeds the pigeons for competition in shows. He stated that he has a concern with the permitting fee requirement for the keeping and breeding of pigeons and discussed the removal of the manure, noting that the lofts were cleaned daily and that composting of the manure works very efficiently. He stated that the requirement for a permit fee would prevent new breeders from taking up the hobby, and requested that the Board consider amending the code to allow the keeping of pigeons as a hobby. He noted that he was not aware that a permit was required for the two (2) metal sheds on the property.
Commr. Cadwell noted that staff was reviewing issues relating to hobbies and exotic animals in the code; however, the Board may need to look at allowable numbers as they relate to permitting for hobby uses in a residential area.
Commr. Good stated that he could not anticipate that 150 pigeons would produce the quantity of chemical residue to be a problem, and questioned why a Conditional Use Permit (CUP) was being required for a hobby use.
Commr. Swartz clarified that the direction to staff was to eliminate the inspection and eliminate the permitting fees for hobby uses and other uses currently under Conditional Use Permits.
Mr. Dave Bacon, a local resident, appeared before the Board and stated that he breeds and races pigeons as a hobby and briefly discussed the sport of breeding pigeons in Lake County. He stated that the Board has inadvertently put a criminality on a hobby by requiring a Conditional Use Permit for the keeping and breeding of pigeons and noted that the cities do not require a Conditional Use Permit.
There being no further public comment, the public hearing portion of the meeting was closed. Commr. Hanson stated that a CUP should not be required for Petition No. CUP#97/12/1-4. She stated that this was a one (1) acre tract in a rural area and zoned A (Agriculture) which would allow for horses and cows. She expressed concern with calling the keeping of hobby/non-commercial pigeons an aviary.
Commr. Cadwell suggested that the Board approve the Conditional Use Permit at this time understanding that staff was looking at this area and, if the rules were changed at a later time, the Board could revoke this CUP.
Commr. Hanson made a motion to uphold the recommendation of the Planning and Zoning Commission and approve a request for a CUP in A (Agriculture), with the condition that the annual review fee of $150.00 be waived, to allow for the keeping and breeding of pigeons as a hobby for show birds in competition not held on the premises.
The motion died for a lack of a second.
Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to overturn the recommendation of the Planning and Zoning Commission and approve a request for a CUP in A (Agriculture) to allow for the keeping and breeding of pigeons as a hobby for show birds in competition not held on the premises - Ordinance No. 1997-93.
Commr. Good made a motion, which was seconded by Commr. Gerber, to amend the motion to include the condition that the application fee and inspection fee be refunded should the future findings of the Board be that uses as this are deemed hobby and would not require a CUP. Commr. Cadwell stated that the time to make that decision was when the Board looks at all Conditional Use Permits to see how many cases are involved.
The Chairman called for a vote on the amendment, which carried by a 4 - 1 vote.
Commr. Cadwell voted in opposition.
The Chairman called for a vote on the original motion, which carried by a 5 - 0 vote.
PETITION NO. 57-97-4 AMD. TO CUP#966-4 & A TO CFD DAVID L. BROWN
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request from David L. Brown/Sunset Hill, First Christian Church of Mount Dora, Inc., for an amendment to CUP#966-4 to delete land and rezone from A (Agriculture) to CFD (Community Facility District) for construction of a church with accessory uses such as a fellowship hall, day care, pavilion, basketball court and recreational use. She stated that the CUP for a soil extraction operation was in compliance and that the amendment was to delete approximately ten (10) acres for inclusion under the requested CFD (Community Facility District). She stated that staff recommends approval and that the Planning and Zoning Commission recommended approval by a 7 - 0 vote with the condition that deadline for mandatory connection be extended to twenty-four (24) months.
Mr. Sandy Minkoff, County Attorney, stated that he represented Mr. David Brown in his private law practice and that he no longer has any connection to this case.
Ms. Farrell stated that staff was recommending the exclusion of homeless shelters, soup kitchens, schools, or half way houses in the ordinance.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
Ms. Leslie Campione, Attorney, representing the applicants, appeared before the Board and clarified that the exclusion of schools did not preclude a day care or preschool. She discussed the applicant's request for mandatory connection to central water and sewer facilities within 24 months, and a request that the initial approval include the requirement for up to 15,000 square feet before mandatory connection be required and noted that the first phase may exceed the 15,000 square foot requirement. She explained that for fire protection they were required to put a minimum of a 6 inch well and install a very expensive pump in order to provide hydrant service in addition to sprinkling the building, which would result in a large investment. She stated that the First Christian Church of Mount Dora was suggesting a square footage threshold which would allow them the benefit of the investment. She suggested that the sewer facility issue be separated from central water facility issues and considered individually.
No one present wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
Ms. Farrell stated that staff would prefer not to address the central water and sewer facility issues in the ordinance and explained that the mandatory connection was in the event that the private system fails or that there was a health concern.
Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve a request for an amendment to CUP#966-4 to delete ten (10) acres of land and rezone from A (Agriculture) to CFD (Community Facility District), as conditioned to allow for mandatory sewer connection after date available from a central system, with accessory uses to include a fellowship hall, day care, preschool, pavilion, basketball court and recreational uses - Ordinance No. 1997-94.
Ms. Campione requested that the motion be amended to include mandatory sewer connection within 24 months after date available.
Commr. Hanson made a motion to amended her motion to include mandatory sewer connection within 24 months after date available from a central system.
The motion died for a lack of a second.
The Chairman called for a vote on the original motion, which carried unanimously by a 5 - 0 vote.
PETITION NO. 58-97-3 C-1 AND R-6 TO CP SUSAN VOSS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request from Susan Voss for rezoning from C-1 (Neighborhood Commercial) and R-6 (Urban Residential) to CP (Planned Commercial) to permit the operation of a pottery shop and plan nursery for retail sales of fruits, vegetables and herbs from an existing residence. She stated that this request was consistent with the activities and land uses in the area. She stated that staff recommends approval and that the Planning and Zoning Commission recommended approval by a 7 - 0 vote.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
Ms. Leslie Campione, Attorney, representing the applicant, appeared before the Board and explained that Ms. Susan Voss lives on the property and wishes to operate a pottery shop and plant nursery which would be consistent with the uses in the area.
No one present wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from C-1 (Neighborhood Commercial) and R-6 (Urban Residential) to CP (Planned Commercial) to permit the operation of a pottery shop and plant nursery for retail sales of fruits, vegetables and herbs from an existing residence - Ordinance No. 1997-95.
RECESS & REASSEMBLY
At 11:50 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 12:00.
PETITION NO. 54-97-2 MP ORD. #16-74, 26-75, 5-76 RICH WEBER
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request from Rick Weber for amendment to MP Ordinance #16-74, 26-75 and 5-76 to allow for sales, service, and manufacturing of recreational vehicles. She stated that the parcel was approximately 5 acres in the Minneola area. She explained that the MP (Planned Industrial) zoning was vested in 1992 by being recognized as a land use and could be developed under the employment center criteria. She stated that the adjacent neighbors have expressed opposition to any type of manufacturing use being included in the ordinance; therefore, the Planning and Zoning Commission recommended approval of an amendment to the MP ordinance to allow exclusive use of RV's Sales, service, and installation of accessories; and that appropriate buffering be planted. She stated that staff recommends approval for an amendment to the MP Ordinance to allow for sales, service and manufacturing of recreational vehicles, as conditioned. She stated that staff did have a concern that there might not be an adequate amount of manufacturing on the property to meet the land use. She stated that she would like to have some language in the ordinance that references some light manufacturing.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and noted that neighbors from the adjacent Highland Mobile Home Park, who have filed letters in opposition to the original application filed, were present in the audience. He stated that the original request has been amended in a letter, dated November 24, 1997, indicating that the requested amendment would be to limit the uses to the sale and service of recreational vehicles, and the assembly to recreational vehicles of premanufactured components and accessories such as trailer hitches, awnings, and roof air conditioners. At this time, Mr. Richey displayed on the monitor a site plan (Applicants Exhibit A) which provides the ability to put a 60 by 120 foot building on the existing slab using the existing black top, the existing structures, and adding additional pavement to one area and putting water retention in place to retrofit it to meet the current St. John's River Water Management permitting standards. He stated that the applicant was present to testify that he was agreeable with the conditions, buffering, and site plan that he has proposed.
Ms. Eleanor Andrews, a resident of Highland Mobile Home Park, appeared before the Board and stated that they had no object to the sale of land to be used for sales and service of recreational vehicles or the installation of accessories; however, they did object strenuously to the manufacturing of any kind on the parcel. She requested that the Board consider the placement of the buildings and that the parcel be zoned CP (Planned Commercial). At this time, Mr. Richey reviewed the site plan with Ms. Andrews and addressed her concerns.
Mr. Jorge Quiroga, owner of Highlands Mobile Home Park & Sales, Inc., appeared before the Board and stated that the residents of Highlands Mobile Home Park were in disagreement with the terminology "assembly" because the operation could be expanded in the future. He stated that the residents support zoning of the parcel to CP (Planned Commercial) and noted that the proposed MP (Planned Industrial) zoning was inconsistent with the surrounding areas.
Commr. Swartz addressed the concerns of the Highlands Mobile Home Park residents and briefly discussed the history of the zoning of the parcel in question and stated that the Board was very aware of the concern for future rezoning of the parcel.
Mr. Robert L. Larson, Highlands Mobile Home Park, appeared before the Board in opposition to manufacturing on the parcel in question and noted that he did not object to retail or service uses on the parcel.
Mr. John Gillespie, Highlands Mobile Home Park, appeared before the Board in opposition to manufacturing on the parcel and expressed his concern with the location of the building on the site. He requested that the Board consider rezoning the parcel to CP (Planned Commercial).
Mr. Richey explained that the proposed ordinance has been amended to state that the use of the site shall include those uses of the MP (Planned Industrial) zoning district to allow for the exclusive use of sales and service of recreational vehicles and installation of accessories on recreational vehicles and noted that all assembly of accessories would be within the building that was indicated on the site plan.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Good made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve a request for an amendment to MP Ordinance #16-74, #26-75, and #5-76, as conditioned to limit the installation of accessory uses to indoors only, to allow for the exclusive use of sales and service of recreational vehicles, with the conceptual site plan submitted this date to be submitted for site plan review - Ordinance No. 1997-96.
Commr. Swartz stated that he would support the motion; however, this request was linguistic rezoning and was inconsistent with the Lake County Comprehensive Plan. He stated that an amendment was needed to address existing employment centers particularly where there were existing or have been previous uses and where a new use, perhaps commercial, was no more intense and no more obnoxious than the approved use.
The Chairman called for a vote on the motion, which was carried by a 5 - 0 vote.
At this time, it was the consensus to direct staff to bring back to the Board policy revision in the Lake County Comprehensive Plan to deal with industrial situations such as this case.
PETITION NO. 93A/6/1-1 AMD. TO CUP#93/6/1-1 LINDA GREESON & ALICE ROWLEY
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request from Linda Greeson and Alice Rowley for an amendment to CUP#93/6/1-1 to add an additional .67 acre of land to the existing aviary currently on a ten (10) acre parcel. She explained that this case was before the Board on September 23, 1997 to add additional land and to make changes to the buffering requirements and, at that time, it was realized that staff had not advertized to change the buffering requirements; therefore, the action this date was to put on hold any buffering requirements until such time that the .67 acre parcel was sold. It was noted that staff recommends approval for an amendment to the existing aviary to add additional land to the existing CUP and that the Planning and Zoning Commission recommended approval by a 8 to 0 vote.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing the applicants, appeared before the Board and requested that the Board not require buffering of the .67 acre parcel until such time that the applicant sells the parcel being added. He requested that language be added to the ordinance to permit one additional access to allow access to the ten (10) acre parcel and to the .67 acre parcel.
Ms. Farrell stated that language would be added to the ordinance to allow one access to the ten (10) acre parcel and to allow the existing access to the .67 acre parcel to remain.
No one present wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Gerber made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve a request for an amendment to CUP#93/6/1-1 to add .67 acre of land to an approved aviary currently on a ten (10) acre parcel, as amended with language added to the buffering requirements which states "In the event the applicant sells the.67 acre parcel being added, the buffering requirements shall be adhered to:"and to add language to permit access to the ten (10) acre parcel and to allow the existing access to the .67 acre parcel to remain - Ordinance No. 1997-97.
RECESS & REASSEMBLY
At 12:50 p.m., the Chairman announced that the Board would recess and reconvene at 4:00 p.m.
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
ECONOMIC DEVELOPMENT
CONTRACTS, LEASES AND AGREEMENTS/COUNTY PROPERTY
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present the request for approval of the sale of Lot 3 or Lot 4 of the Christopher C. Ford Central Park; and approval and execution of Real Estate Purchase and Sales Agreement between Lake County and Robert Pattillo Properties, Inc. He explained that the offers were contingent on a sales price of $20,000 per acre and noted that Pattillo Properties has expressed a personal preference for Lot 3. He stated that the County and Patillo Properties have agreed to the terms and conditions and that a letter has been received from Mr. John Apple, Vice President, Robert Patillo Properties, Inc. stating their approval of the Real Estate Purchase and Sales Agreement. He explained that there was a condition on Lot 3 that the County must be able to receive a waiver of the Right of First Refusal held by Mr. Robert Montavani. At this time, Mr. Anderson indicated the following changes to the Real Estate Purchase and Sales Agreements for Lot 3 and Lot 4, dated November 22, 1997, as follows:
Page 1
PURCHASE PRICE
Paragraph 1.
delete "between the banks of any stream, within any area which is subject to an easement or designated as an area having special flood hazards on the Official Flood Hazard Map of the Federal Insurance Administration or any so called "wetlands" as to which development would be restricted pursuant to applicable law.
delete - "and all interior tenant finishing and fixturing as to the Facility."
insert - The Note shall be subject to the terms of Paragraph 11.
Paragraph 2.
insert - In the event of default of this contract or breach of the mortgage by Purchaser, the Earnest Money shall be paid to Seller.
Page 3
CONDITIONS PRECEDENT TO CLOSING
Paragraph 4. I.
delete - "ten (10) days" and insert thirty (30) days.
Page 5
CLOSING
Paragraph 9.
delete - "Section 3" and insert Section 4.
Page 6
ACCESS
Paragraph 10.
delete - "Seller, at its sole cost and expense, shall construct a paved roadway providing access to the rear of the Premises, either via Independence Boulevard or by the frontage road leading from Lot 2."
insert - Seller/Purchaser agree to divide equally the cost of developing an access road from Independence Boulevard to a cul-de-sec access to the rear of the premises.
(Independence Boulevard would be changed to American Way for Lot 4)
DEVELOPMENT OF FACILITY
Paragraph 11.
Insert - The note and mortgage shall provide that the entire unpaid balance of the Note shall become due and payable in the event Purchaser fails to commence construction ( i.e. commence with the site work) as to the Project within 120 days of the date of closing or fails to substantially complete the construction of the Project within one (1) year from the date of the closing, both dates being subject to extension in the event Purchaser encounters delays by future of an act of God or other matter beyond reasonable control of purchaser.
Mr. Anderson redirected the Board's attention to Paragraph 1. Purchase Price and noted the following change:
Delete - "and all interior tenant finishing and fixturing as to the Facility".
At this time, Mr. Anderson; Mr. Sandy Minkoff, County Attorney; and Ms. Leslie Little, Senior Director of Economic Development, addressed questions pertaining to the Real Estate Purchase and Sales Agreement for Lot 3 and Lot 4. Mr. Minkoff stated that, with the exception of the access issue, the recommendation at this time would be to accept the agreement this date. In response to concerns expressed by Commr. Swartz regarding equally dividing the cost to construct an access road in Paragraph 10. Access, Mr. Minkoff stated that said paragraph could be eliminated from the agreement.
Commr. Cadwell suggested that language be added to Paragraph 10. Access to indicate a set time frame, such as a one (1) year time frame, for equally dividing the cost of construction of an access road.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the sale of Lot 3 of the Christopher C. Ford Central Park; and approval and execution of Real Estate Purchase and Sales Agreement between Lake County and Robert Patillo Properties, Inc., as amended, with the above noted changes to the agreement and the changes to Item 10. Access, incorporating a time frame.
Mr. Minkoff noted that the request for approval of the sale of Lot 4 was only if Mr. Robert Montavanni exercises his option of Right of First Refusal on Lot 3.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the sale of Lot 4 of the Christopher C. Ford Central Park; and approval and execution of Real Estate Purchase and Sales Agreement between Lake County and Robert Patillo Properties, Inc., as amended, with the above noted changes to the agreement and the changes to Item 10. Access, incorporating a time frame.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ECONOMIC DEVELOPMENT
ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/ROAD PROJECTS
Ms. Leslie Little, Senior Director of Economic Development, appeared before the Board and explained that the request for approval and execution of the Economic Development Transportation Fund Application for improvements to Hartwood Marsh Road on behalf of TruStone Florida, Inc. was a time sensitive project specific grant. She explained that the project qualifying amount of $174,632 has increased to $182,290 with the estimates that have been confirmed by the Florida Department of Transportation.
In response to a question presented by Commr. Swartz, Mr. Sandy Minkoff, County Attorney, stated that, if the Board approves the Economic Development Transportation Fund Application, TruStone Florida would agree today not to utilize this approval to estop or to use said approval against the County in any proceeding, zoning or otherwise, involving their property.
Ms. Cecelia Bonifay, Attorney, representing TruStone Florida, Inc., stated, for the record, that on behalf of TruStone Florida, Inc. they would not utilize this approval in any way to try to estop the County if, in fact, the land approvals or zonings or other permits are not granted by Lake County. She stated that this request was clearly contingent upon TruStone Florida getting zoning and permitting approvals and noted that TruStone Florida was looking at other sites on Hartwood Marsh Road. She stated that there was no binding contract to tie the County to a specific site at this time.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved to submit to the Florida Economic Development Transportation Fund the Economic Development Transportation Fund Application for improvements to Hartwood Marsh Road, in the amount of $182,290, on behalf of TruStone Florida, Inc.
CONTRACTS, LEASES AND AGREEMENTS
Ms. Leslie Little, Senior Director of Economic Development, appeared before the Board to present the request for approval and execution of the Master Agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc. for Fiscal Year 1997/1998. At this time, she presented a brief review of the accomplishments for Fiscal Year 1997/1997 and stated that there were twenty-four (24) active and committed projects, 464 new jobs for a total capital investment of $30,000,000 and over 636,000 square feet of building.
Mr. Mike Babroff, Senior Vice President, Economic Development Commission of Mid-Florida (EDC), appeared before the Board to discuss the Economic Development Commission of Mid-Florida, Inc. FY 97/98 Master Agreement and explained that the EDC was operating under a new business plan that outlines specific services to be performed for Lake County and time frames for those services for FY 97/98 beginning October 1, 1997.
Commr. Cadwell stated that Mr. Carl Lunderstadt, Chairman of the Industrial Development Authority and member of the EDC Executive Board, has been very instrumental in getting specific numbers and specific services for Lake County.
Mr. Sandy Minkoff, County Attorney, noted that the Economic Development Commission of Mid-Florida, Inc. FY 97/98 Agreement to Service an Industrial Development Authority would be brought back to the Board at a later time.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of the Master Agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc. For Fiscal Year 1997/1998.
COUNTY PROPERTY/TOURIST DEVELOPMENT COUNCIL
Ms. Leslie Little, Senior Director of Economic Development, appeared before the Board to discuss a project with Maritec Marine, a boat manufacturer who desires to locate on 20 acres of land near Church Lake in Christopher C. Ford Central Park of Lake County. She displayed on the monitor a site plan of the area and stated that staff was requesting direction and approval from the Board to continue to negotiate the sale of 20 acres of property designated as Tourist Development Council land utilizing Church Lake for the testing of two (2) to four (4) boats per day and ultimately accommodating boat testing in a modified water retention area constructed on the south side of Church Lake . She stated that this request would require 1,000 linear feet of road extension on Independence Boulevard. At this time, discussion occurred regarding the location of the facility and modifying the water retention area.
Ms. Sue Whittle, County Manager, stated that the Board's work session in January would concentrate on Christopher C. Ford Central Park and the Board's future direction for the park. She stated that, if the Board has no interest in selling this parcel to Maritec Marine, direction should be given to cease discussions with Maritect Marine.
Commr. Gerber stated that she did not support continued discussions with Maritec Marine due to the use being incompatible with the surrounding businesses and future planning of the proposed Lake County Fairgrounds.
Commr. Hanson stated that the proposed Maritec Marine project was creative and was compatible with the Industrial Park. She suggested that the Board postpone further discussion until later in the meeting to allow for the 5:05 p.m. public hearing.
PUBLIC HEARINGS (CONTINUED)
ORDINANCES/ZONINGS
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Official Lake County Zoning Map for property being the subject of the unrecorded Plat of Astor Forest Campsites, on the floor for its second and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL LAKE COUNTY ZONING MAP FOR PROPERTY BEING THE SUBJECT OF THE UNRECORDED PLAT OF ASTOR FOREST CAMPSITES, AS INCORPORATED INTO THE LAKE COUNTY CODIFICATION PURSUANT TO SECTION 1.05.00, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Mark Knight, Principal Planner, Department of Growth Management, appeared before the Board to address questions presented by the Board.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
Mr. Randy Lewis McFarland appeared before the Board in support of this request and explained that this request was to allow for the issuance of a building permit for a mobile home that he wished to place on Lot 23, Block 2, Astor Forest Campsites.
No one wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1991-91, amending the Lake County Zoning Map for Astor Forest Campsites.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY PROPERTY/TOURIST DEVELOPMENT COUNCIL (CONTINUED)
Commr. Swartz stated that the Maritec Marine project was interesting enough to continue to pursue negotiations with Maritec Marine, Inc.
Commr. Good requested that it be clearly understood and communicated that exclusive rights to Church Lake or to the proposed modified water retention area would not be a part of the issue depending upon the use of adjacent properties as the Board moves forward with negotiations with Maritec Marine.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, for approval to direct staff to continue with discussions relative to the Maritec Marine, Inc. project negotiations at Christopher C. Ford Central Park of Lake County.
Commr. Good reiterated that he was very reluctant to limit public access to Church Lake and that exclusive access would not be a part of the discussions.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Gerber voted in opposition.
PARKS AND RECREATION
Mr. Chuck Pula, Parks and Recreation Manager, appeared before the Board to present a request for approval of the criteria for the second year of the Lake County Youth Recreation Assistance Program. He explained that the Board approved the program and criteria in 1996 and that 1,472 youth living in unincorporated Lake County have participated and that the allocation was $33.97 per verified participant. He stated that the only recommended changes to the prior year's criteria was a minimum allocated amount of $50,000 and that the cities may submit listings as programs are completed.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Lake County Parks and Recreation Advisory Board's criteria for the Lake County Youth Recreation Assistance Program for Fiscal Year 1997/98.
INFORMATIONAL
Vested Rights Determination for Quail Ridge Estates (File No. 97/11/1) - Dated 12/2/97
Lake County will not deny the owner(s) of the subject property, acting in good faith upon governmental acts, the right to develop the subject property with 12,000 square feet residential lots. For the purpose of this vested rights determination, acting in good faith upon governmental acts shall mean:
1. The owner(s) shall execute and record deed restrictions, enforceable by Lake County, in the Public Records of Lake County, Florida, requiring the construction of conventional construction homes only;
2. a 200 feet radius around the existing well is dedicated to the homeowners as a zone of exclusion for well protection, and deed restrictions obligating the homeowners, and releasing Lake County from any obligation, to maintain the zone of exclusion as conservation open space are recorded in the public records of Lake County, Florida, prior to final plat approval;
3. in addition to the zone of exclusion, a minimum of 18,500 square feet is dedicated to the homeowners via final plat for active recreation use, and deed restrictions obligating the homeowners, and releasing Lake County from any obligation, to maintain the recreation area are recorded in the public records of Lake County, Florida, prior to final plat approval;
4. provision is made for connection to Felkins Road via final plat(s) approval;
5. a final plat(s) is recorded in the Public Records of Lake County, Florida, within two (2) years from the date of this vested rights determination establishing lots associated with this or any previously issued vested rights determination.
Otherwise, by receipt of this vested rights determination, either directly or via legal council, without appeal as provided for in this vested rights determination, the owner(s) agrees that this vested rights determination is the only possibility for relief for use of the land, other than development of the property in accordance with the Agricultural Zoning District and the most restrictive policies and land development regulations adopted by Lake County.
Vested Rights Determination Regarding Lot Approval File Number 92-41 For Sunderman Groves, Inc. - Dated 12/2/97
As of the date of this letter, Lake County denies any vested rights associated with Lot Approval File No. 92-41.
Vested Rights Determination For Property Owned By Robert A. And Jean Macchi (File No. 97/11/2), Including Property Being The Subject of Conditional Use Permits - Case No. 208-3, and Resolution Adopted By the Board of County Commissioners on December 8, 1969 - Dated 12/2/97
Lake County considered all commercial development associated with the subject property to be nonconforming and denies any vested rights to be associated with the subject property. The discontinuance of any nonconforming use or development for twelve (12) consecutive months shall result in termination of the nonconforming use or development. A nonconforming sign shall not be structurally altered or repaired in excess of fifty percent (50%) of its depreciated value, basing replacement cost on use of new materials.
Vested Rights Determination Regarding Property Being the Subject of the Plat of Survey Dated October 18, 1973, and Plat of Survey Dated January 6, 1982 - Dated 12/3/97
Lake County will not deny the owner(s) of the two (2) lots created by the Plat of Survey dated October 18, 1973 (one (1) being the lot identified on the Plat of Survey dated January 6, 1982), the right to continue development of each lot as a residential lot in accordance with the A (Agriculture) Zoning District.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/GRANTS
Mr. Sandy Minkoff, County Attorney, presented the request for approval of the Grant-in-Aid Agreement for Court Reporting Services to the Fifth Judicial Circuit, Lake County.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Grant-in-Aid Agreement for Court Reporting Services to the Fifth Judicial Circuit, Lake County.
CONTRACTS, LEASES AND AGREEMENTS
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Special Master Agreement between Lake County, Owner, and Bob Williams, Special Master.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Mr. Mark Knight, Principal Planner, Department of Growth Management, appeared before the Board to present the request for approval of the Settlement Agreement between Lake County, the State of Florida Department of Community Affairs, and Mary Baugher. He explained that the property purchased by Ms. Baugher, incorporating approximately twenty (20) acres, did not conform to any of the lots established via administrative subdivision approval. He stated that the Settlement Agreement allows Ms. Baugher to replace her mobile home and work with the other property owners in the area to identify and establish buildable lots.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Settlement Agreement between Lake County, the State of Florida Department of Community Affairs, and Mary Baugher.
COMMISSIONER GERBER - DISTRICT NO. 1
Commr. Gerber presented a request to enter into an agreement with Christen Nelson for issuance of a building permit to replace a mobile home in Florida Fruitland Park Tropical Homesites. She explained that the mobile home was located in A (Agricultural) zoning district and was a non-conforming use.
Mr. Mark Knight, Principal Planner, Department of Growth Management, appeared before the Board and explained that the mobile home in question was located adjacent to the North Fruitland Park West Subdivision which was comprised of old mobile homes and two conventional homes. He noted that the west side of Florida Fruitland Park Tropical Homesites passes the mobile home count; however, the east side does not pass the mobile home count due to the number of conventional homes in the City of Fruitland Park and surrounding subdivisions. He explained that Ms. Nelson was requesting permission to replace the existing old mobile home and repermit a new mobile home on the property.
Discussion occurred regarding mobile home count language in the code; at which time Mr. Minkoff explained that at the time that the litigation on vesting was settled with the Florida Department of Community Affairs, the portion of the ordinance which allowed an older mobile home to be replaced with a new mobile home even if it did not meet the zoning requirements was deleted from the code.
Commr. Hanson stated that the Board should readdress the replacement of an old mobile home for a new mobile home.
Mr. Minkoff stated that there was no authority to allow a permit for a mobile home in A (Agricultural) on less than five (5) acres unless you meet the count.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda a request to enter into an agreement with Christen Nelson for issuance of a building permit to replace a mobile home in Florida Fruitland Park Tropical Homesites pending the rezoning of Florida Fruitland Park Tropical Homesites to R-7.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to enter into an agreement between Lake County and Christen Nelson for issuance of a building permit to replace a mobile home in Florida Fruitland Park Tropical Homesites pending the rezoning of the Florida Fruitland Park Tropical Homesites by the County to R-7.
Commr. Swartz directed staff to schedule a workshop as soon as possible on the issuance of building permits to replace existing mobile homes in A (Agricultural) zoning district on less than five acres.
STATE AGENCIES
Commr. Gerber distributed a letter from Commissioner Carlos J. Alfonso, dated December 17, 1997, regarding Commissioner Alan Sundberg's Constitution Revision Committee Proposal 31 on Article V costs and requested authorization for the Chairman to sign and send a letter expressing support of Commr. Alan Sundberg's CRC Proposal 31. She stated that the Association of Clerks was concerned with the fact that they would be losing revenues under Proposal 31.
Ms. Barbara Lehman, Chief Deputy Clerk, Finance Department, explained that it was her understanding that the clerks of the court system would become employees of the State of Florida under Proposal 31 and the State would receive the funding that the Board currently receives for fines and forfeitures, which was $1.1 million in 1997.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda a request for authorization for the Chairman to sign and send a letter to each Constitution Revision Committee member expressing support of Proposal 31 on Article V costs.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved authorization for the Chairman to sign and send a letter to each Constitution Revision Committee member expressing support of Commr. Alan Sundberg's CRC Proposal 31 on Article V costs.
COMMISSIONER GOOD - DISTRICT NO. 2
Commr. Good brought up for discussion the Board's participation in the 1998 St. Johns River Celebration cleanup activities; and a request for approval for the County to participate, and to appoint a County Chairman for this event.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to participate in the 1998 St. John's River Celebration on Saturday, March 21, 1998; and approved the appointment of Commr. Good as County Chairman for the event.
MEETINGS
Commr. Good informed the Board that a public meeting would be held by the National Park Service on December 17, 1997, at 7:00 p.m., at the Wekiva Springs State Park, to discuss designating the Wekiva River/Rock Springs Run in the Seminole Creek tributary as a national wild and scenic river. Commr. Good was directed to attend said meeting and to bring back information to the Board for future action.
MEETINGS/FIRE PROTECTION
Commr. Good requested that the County Manager provide the Board with an update on the maintenance of fire hydrants in Lake County and requested specific information on the maintenance of the fire hydrant system located in Plantation at Leesburg. He noted that, during the public meeting held on November 13, 1997 at the Plantation at Leesburg, an allocation was made that the fire hydrants were not receiving maintenance.
Mr. Sandy Minkoff, County Attorney, noted that an opinion was provided to Chief Craig Haun, Senior Director, Fire and Emergency Services, that the County has the authority to maintain private hydrants if the County has an agreement from the owner allowing the County to withdraw water for use else where in the County to fight a fire. He noted that Chief Haun was in the process of getting private agreements for hydrant maintenance under those conditions.
COMMISSIONER HANSON - DISTRICT NO. 4
Commr. Hanson brought up for discussion the feasibility of Lake County being identified as a separate Work Group Area in regard to the St. John's River Water Management District 2020 Regional Water Supply plan. She suggested that the County would have more authority to deal with the counties to the west if identified as a separate Work Group Area and would still have the ability to coordinate and integrate with the other counties in the St. John's River Water Management District.
Commr. Cadwell stated that there would be no purpose for Lake County to be identified as a separate Work Group.
Commr. Good stated that he believes that Lake County should be identified with the regional Work Group Area because a lot of the water being pulled from Lake County was from the Counties of Osceola and Seminole, and the County needs to be part of their planning process and, if the County were identified as a separate Work Group, the County would not have the advantage of participating in helping to develop the regional policy.
It was the direction of the Board to request that Commr. Hanson obtain additional information from Mr. Gene Caputo, Intergovernmental Coordinator, on this issue and to possibly put on a future agenda discussion of this issue.
COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 3
Commr. Swartz noted that the Department of Growth Management would be having a Christmas Open House on December 17, 1997 from 1:00 p.m. to 4:00 p.m.
Ms. Sue Whittle, County Manager, noted that the Department of Growth Management has invited all of their customers and the County to the Christmas Open House.
Commr. Swartz informed the Board that the Legislative Delegation would be meeting on December 17, 1997 and stated that it has been suggested that there may be more of an inclination to approve the North Lake County Hospital District if there was the alternative to elect three (3) trustees At-large in the District. He brought up for discussion the Employee Home Address Telephone issue and stated that there was opposition to this issue and suggested that the Board present to the Legislative Delegation the option of a local government directory of employee office phone numbers and the work addresses so citizens would have access to the information and could contact an employee by phone or through their mailing address with the County.
MINUTES
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of September 30, 1997 (Regular Meeting, as presented.
On a motion by Commr. Good, seconded bu Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of November 13, 1997 (Special Meeting-Plantation at Leesburg), as presented.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:55 p.m.
G. RICHARD SWARTZ, CHAIRMAN
ATTEST:
____________________________
JAMES C. WATKINS, CLERK
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