A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 15, 1998
The Lake County Board of County Commissioners met in regular session on Tuesday, December 15, 1998, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
ANNOUNCEMENT
The Chairman, Commr. Cadwell, informed those present that the newly appointed Governor, Buddy MacKay, had declared Wednesday, December 16, 1998, a Day of Mourning, in honor of Governor Lawton Chiles, who had passed away Saturday, December 12, 1998; therefore, all State offices would be closed. He noted that Lake County would not be closed; however, it had been requested that at 1:00 p.m. all employees and citizens of the State participate in a moment of silence. He then gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that Tab 23, a Public Hearing for the adoption of the Evaluation and Appraisal Report (EAR) for the Lake County Comprehensive Plan, was being withdrawn from the Agenda, to be rescheduled at a later date.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 17, 1998 (Regular Meeting), as presented.
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:
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.
Ambulances-Hospitals/Bonds/Committees
Request for approval of Bond for Ed Schlein, Trustee of North Lake County Hospital District Board, to be filed pursuant to Lake County Resolution No. 1990-12.
Public Service Commission/Utilities
Request to acknowledge receipt of Notice of Change of Hearing Date Before the Florida Public Service Commission; Docket No. 980561-WS; In Re: Proposed Amendment of Rules 25-30.420, F.A.C., Establishment of Price Index, Adjustment of Rates; Requirement of Bond; Filings after Adjustments; Notice to Customers and 25 30.425, F.A.C., Pass through Rate Adjustment. Notice of Continuation of Hearing Date: The Public Service Commission notifies all interested persons that the hearing in the above docket has been changed to December 11, 1998, at 1:30 p.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of Town of Astatula’s certified copy of recorded Ordinance No. 1998-B, with regard to Voluntary Annexation of Real Property Lying Adjacent to the Municipal Boundaries of the Town of Astatula, as described in said ordinance.
Reports/Southwest Florida Water Management District
Request to acknowledge receipt of Southwest Florida Water Management District Five-Year Capital Improvement Plan and 1997 1998 Fiscal Report.
Bonds - Contractor
Request to acknowledge receipt of Contractor Bonds - New, Cancellations, and Stipulation, as follows:
New
1922-99 Orin G. Cooper, II (Plumbing)
4557-99 Craig Rager Construction Co., Inc. (Residential)
4997-99 Barney’s Plumbing of Debary, Inc.
5430-99 Michael J. Reynolds (Plumbing)
5455-99 William Clifford Brydges (Electrical)
5572-99 Richard William Lohman d/b/a Southern Plumbing
5663-99 Advanced Electrical Installations, Inc.
5664-99 Daniel Hill and Gordon G. Douglas d/b/a Aluminum, Inc.
5665-99 Timothy I. Morgan d/b/a Morgan Electric Company, Inc.
5666-99 Darrell Charles Delany d/b/a Edmondson Homes (Building)
Cancellations
624-98 Ron Kruger and Robbie Taylor d/b/a Kruger-Taylor Cons. Co.
4787-97 Van C. Broglin
5633-98 Ricky W. Jarvis d/b/a Mechanical Refrigeration Inc.
Stipulation
4881-99 West Orange Masonry, Inc.
Bond Number Amended to: 98-G4-4643-2
COUNTY MANAGER’S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that the fiscal impact figure for Tab 3 should be changed to $38,952.00, and she requested that Tab 12, a request from Public Works for acceptance of the final plat for the Hills of Lake Louisa Phase 3 Subdivision; approval and execution of a Developer’s Agreement between Lake County and the Hills of Lake Louisa Development, for maintenance of improvements; acceptance of a maintenance bond, in the amount of $6,832.92; and approval and execution of a Resolution accepting Lighthouse Court (2-0639), Grand Bay Boulevard “Part” (2-0639A), and Water Ridge Lane “Part” (2 0639H) into the County Road Maintenance System be withdrawn from the Agenda, to be rescheduled for the January 5, 1999 Board Meeting.
Commr. Swartz requested that Tab 8, Item 3, a request from Fiscal and Administrative Services for approval and execution of an Agreement and Addendum between Lake County and Alfred Street Storage (The Cadia Partnership), located at 425 East Alfred Street, Tavares, for storage space for articles from the Historical Museum, be pulled from the County Manager’s Consent Agenda and discussed separately.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Agricultural Center/County Employees
Request from Agricultural Education Services for approval of recommendation by the University of Florida Cooperative Extension Service, for employment of Jane M. Allen as Extension Agent II, Family and Consumer Sciences, for a fiscal impact of $38,952.00, plus fringe benefits.
Community Services/Contracts, Leases and Agreements/Grants
Request from Community Services for approval and execution of Agreement between Lake County and Golden Triangle YMCA for Fiscal Year 1998/99 annual grant funding, in the amount of $13,000.00, for the Black Achievers program; and authorization for signature on the subsequent contract agreement.
Community Services/Libraries
Request from Community Services for approval and execution of Lake County Library System proposed Internet Access Policy and Disclaimer.
Accounts Allowed/Contracts, Leases and Agreements/Grants/Municipalities
Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval and execution of Agreements between Lake County and the City of Leesburg, Town of Howey-in-the-Hills, Lake County Boys Ranch, City of Mascotte, and Astor Lions Club, recipients of Parks and Recreation Capital Improvement Grants for Fiscal Year 1998/99, at a total fiscal impact of $88,544.00.
Accounts Allowed/Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval of criteria for Fiscal Year 1998/1999 Lake County Youth Recreation Assistance Program, at a fiscal impact of $50,000.00.
Accounts Allowed/Fiscal and Administrative Services/Solid Waste
Request from Fiscal and Administrative Services for approval of transfer of funds from Solid Waste Capital Projects Contingency to Contractual Services, in the amount of $25,005.00; and Improvements Other Than Buildings, in the amount of $23,185.00, for a total of $48,190.00.
Accounts Allowed/Budgets/Building Services Division/County Employees
Fiscal and Administrative Services/Municipalities/Resolutions
Request from Fiscal and Administrative Services for approval and execution of Resolution No. 1998-188, amending the Building Services Division Budget, in order to receive unanticipated revenue for Fiscal Year 1998/99, in the amount of $105,000.00, to fund a Building Inspector I position and a Permitting Technician position for the Main Office, and a Permitting Technician position for the Clermont Office.
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for acceptance of the following:
Drainage Easement
Joan L. Henna (Ind/Trustee)
Mt. Plymouth Loop (4-4488)
Edward and Sarah Blewett
Pennsylvania Street (4-8991)
Non-Exclusive Easement Deed
R.M. Cottrell
C-468 at C-44C
The School Board of Lake County, Florida
First Street
Statutory Quitclaim Deed
Norma G. and Harold C. Donnelly
Orange Street (4-4385)
Statutory Warranty Deed
Harry W. and Dorothy R. Bailes
Britt Road (4-4981)
Dennis P. and Svetlana Parker
C561 (2-0634)
The School Board of Lake County, Florida
First Street
Johnnie L. and Willie Lee Simmons
First Street (5-7803)
Sherman H. and Betty F. McGregory
Lake Emma Road (2-2119)
John W. and Christina K. Johnson
Lake Nellie Road (2-0542)
Dennis J. and Janis K. Daniels
Marion County Road (5-8010)
Rabi W. Nesheiwat
George I. Nesheiwat
N. Hancock Road (2-1345)
Temporary Non-Exclusive Easement Deed
Rabi W. Nesheiwat
George I. Nesheiwat
N. Hancock Road (2-1345)
Edward T. and Sara K. Blewett
Pennsylvania Street (4-8991)
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions
Roads-County and State
Request from Public Works for approval to release a letter of credit, for performance, in the amount of $54,747.47; acceptance of a letter of credit, for maintenance, in the amount of $4,977.04; approval and execution of a Developer’s Agreement between Lake County and Jerry and Lovella McConnell, for maintenance of improvements; and approval and execution of Resolution No. 1998-189, accepting Lake Smith Road (5-7162) into the County Road Maintenance System.
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Subdivisions
Request from Public Works for acceptance of the final plat for Harbor Hills Phase 3 Subdivision; approval and execution of a Developer’s Agreement between Lake County and Harbor Hills Development, L.P., for construction of improvements; and acceptance of a letter of credit, for performance, in the amount of $368,500.00 - Subdivision consists of 37 lots - Commissioner District 5.
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Subdivisions
Request from Public Works for acceptance of the final plat for Park at Wolf Branch Oaks Phase I Subdivision; approval and execution of a Developer’s Agreement between Lake County, Eric H. Coe, and Godfrey Custom Homes, Inc., for construction of improvements; and acceptance of a letter of credit, for performance, in the amount of $172,700.00 - Subdivision consists of 53 lots - Commissioner District 4.
Accounts Allowed/Bids/Public Works/Road Projects
Request from Public Works for approval to advertise for bids for Rolling Acres Road Construction Project No. 10-99, at an estimated fiscal impact of $450,000.00, from the Road Impact Fee Fund, Benefit District 3 - Commissioner District 5.
Accounts Allowed/Bids/Public Works/Road Projects
Request from Public Works for approval to advertise for bids for Hancock Road (2-1254) South Extension Construction Project No. 11-99, at an estimated fiscal impact of $736,834.00, from the Road Impact Fee Fund, Benefit District 5 - Commissioner District 2.
Municipalities/Public Works/Rights-of-Way, Roads and Easements/Road Vacations
Request from Public Works for approval to advertise Vacation Petition No. 886, by Charles and Nancy Simanoski, to vacate road, Mt. Plymouth area - Commissioner District 4.
Municipalities/Public Works/Rights-of-Way, Roads and Easements/Road Vacations
Request from Public Works for approval to advertise Vacation Petition No. 887, by William S. and Mary L. Noland, to vacate utility easement, Lake Emma Ridge - Phase I, Section 31, Township 21S, Range 25E, Groveland area - Commissioner District 2.
Accounts Allowed/Bids/Public Works/Road Projects
Request from Public Works for approval to award Deerhaven Road (4-9097) and South Boulevard (4-9096A) Paving Project No. 2-99, Bid No. 99-021, to Paquette Industries L.L.C.; and to encumber and expend funds, in the amount of $382,339.50, from the Transportation Trust Fund - Commissioner District 4.
Accounts Allowed/Bids/Public Works/Road Projects
Request from Public Works for approval to award Laws Road (2-0528) Paving Project No. 1-99, Bid No. 99-020, to Paquette Industries L.L.C.; and to encumber and expend funds, in the amount of $566,165.00, from the Transportation Trust Fund - Commissioner District 2.
PERSONAL APPEARANCES
PRESENTATION
ACCOUNTS ALLOWED/BUILDING DIVISION/GROWTH MANAGEMENT
The Chairman announced that the presentation of a check to Marge McNinch of Habitat for Humanity, in the amount of $7,100.00, representing the proceeds of the First Annual Electrical Seminar, hosted by the Lake County Department of Growth Management, Building Services Division, sponsored by the Florida Association of Electrical Contractors and the International Association of Electrical Inspectors, would be postponed until a later date.
PERSONAL APPEARANCES
PRESENTATION
AWARDS/ECONOMIC DEVELOPMENT
Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board stating that the Industrial Development Authority chose this year’s recipients of the individual and industrial Outstanding Industry Leadership Awards at their November 19, 1998 meeting. He stated that some past winners of this award were the founding honoree, Commr. Catherine Hanson, and Diversified Electronics, who received the award for 1997, along with two individuals, Mr. Jim Miller and Commr. Welton Cadwell. He stated that this year’s individual award winner was Mr. Carl Lunderstadt, Chief Executive Officer, Florida Crushed Stone, and Chairman of the Industrial Development Authority; however, due to the fact that Mr. Lunderstadt could not be present at this meeting, he would receive his award at the January 5, 1999 Board Meeting. He stated that G & T Conveyor Company, Inc. was the 1998 Outstanding Industry Award recipient for Lake County, noting that they provide efficient solutions for airport baggage handling needs. He stated that, as a leading equipment manufacturer, with a full line of products available, it has a strong position within the industry. He stated that they are a great company to have in Lake County and the IDA is proud to give them this year’s award for 1998. He noted that, along with being presented a plaque, the G & T Conveyor Company name would be recognized on a plaque that hangs in the Economic Development Office in the Administration Building.
The Chairman presented the 1998 Outstanding Industry Award to Mr. Larry Cooper, representing G & T Conveyor Company.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARING
ASSESSMENTS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, addressed the Board stating that this request was to fulfill a legal requirement that the County adopt this Resolution each year.
Commr. Swartz suggested that, along with the discussion regarding this request, the Board discuss Tab 8, Item 3, as well.
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.
Commr. Swartz stated that the reason he wanted to pull Tab 8, Item 3, was that it deals with a Professional Services contract between the County and Nabors Giblin & Nickerson, P.A. and Government Services Group, Inc., who did the work on the County’s previous special assessment proposal. He stated that the request presented this date, under Tab 20, was basically the same Resolution that the County uses each year to statutorily notice the intent to use the uniform method of collecting non-ad valorem special assessments. He questioned whether the Resolution was a general one, or whether it applied specifically to the fire special assessment.
Mr. Sandy Minkoff, County Attorney, informed the Board that the two items deal with the same issue, but they are not connected. He stated that the Resolution would allow the Board to impose new assessments; however, it would not be necessary for the solid waste or fire assessments. He stated that it is only required to be done once and since the fire and solid waste assessments had already been done, it would not be a prerequisite for them. He stated that, in order to impose a new assessment next year, the County would have to approve the Resolution now, but, if they did not do so, it would not affect the fire or solid waste assessments next year.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-191, expressing Lake County’s intent to use the uniform method of collecting non-ad valorem special assessments for MSBUs (Municipal Service Benefit Units).
PUBLIC HEARING
COMMITTEES/MEETINGS/GROWTH MANAGEMENT/ORDINANCES
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, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, CHAPTER XIII, SECTION 13.03.02, TO LIMIT MEMBER ABSENCES FROM BOARD OF ADJUSTMENT MEETINGS AND TO DELETE REQUIREMENT OF THREE CONCURRING VOTES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1998-97, an ordinance of the Board of County Commissioners of Lake County, Florida, amending the Lake County Land Development Regulations, Chapter XIII, Section 13.03.02, to limit member absences from Board of Adjustment Meetings and to delete the requirement of three concurring votes; providing for inclusion in the Lake County Code; providing for severability; and providing for an effective date.
PUBLIC HEARING
AMBULANCES-HOSPITALS/PUBLIC HEALTH
Mr. Alvin Jackson, Deputy County Manager, addressed the Board stating that Florida Hospital Waterman/Regional Emergency Services had submitted a Certificate of Public Convenience and Necessity, for approval, noting that it has to be approved annually.
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.
A motion was made by Commr. Swartz and seconded by Commr. Gerber that the Board approve a Certificate of Public Convenience and Necessity for Florida Hospital Waterman/Regional Emergency Services, L.P.
Under discussion, Commr. Hanson noted that the Certificate states it will expire September 30, 2000; therefore, it will have to come before the Board again next year.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
ROAD VACATIONS
PETITION NO. 875 - LAKE COUNTY WATER AUTHORITY - UMATILLA
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was Petition No. 875, by Robert W. Taylor, Executive Director, Lake County Water Authority, to vacate right-of-way, Dream Lake Poultry Ranches, Sections 5 and 6, Township 18, Range 26, Umatilla area - Commissioner District 5. He stated that, when the subdivision in question was platted, rights-of-way were left around all the lakeshore property. He reviewed an aerial on display, indicating the property that the Water Authority owns, and noted that there was an issue about right-of-way for the Altman family. He stated that this request vacates all the rights-of-way around the lakes in the area. He noted that the property the Water Authority purchased a few years ago is the east side of the Irwin Trust property.
The Chairman opened the public hearing.
Mr. Gary Race, Land Resource Planner, Lake County Water Authority, addressed the Board and answered questions regarding the Water Authority’s desire to close the old rights-of-way and easements along the lakeshore. He stated that it did not mean they were taking away the ability for the public to access the water or the land. He stated that the Water Authority has developed a management plan for Sawgrass Preserve and there are public access points. He stated that part of the management strategy is to control where the public comes in, so they can have some resource protection. He stated that this request was to enable the Water Authority to clean up the issue of the rights-of-way and easements, so that they have the ability to maintain where the property is accessed and how it is accessed. He stated that it is currently open for pedestrian use and the Water Authority is in the process of developing a parking area, etc., for the Preserve
Mr. James Altman, Sr., the owner of a parcel of property on Charm Lake, addressed the Board and questioned whether the property lines along the lake would remain the same as they are at the present time, or whether they would be divided among the adjoining property owners.
Mr. Stivender stated that he did not see a change in property lines associated with any of Mr. Altman’s property.
Mr. Altman stated that he was for closing the right-of-way, as long as the property owners can retain their original property lines.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-192 - Petition No. 875, by Robert W. Taylor, Executive Director, Lake County Water Authority, to vacate right-of-way, Dream Lake Poultry Ranches, Sections 5 and 6, Township 18, Range 26, Umatilla area - Commissioner District 5.
PETITION NO. 881 - JANET LEDFORD - EUSTIS
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request by Janet Ledford to vacate an easement (Paradise Way), in Section 22, Township 18S, Range 27E, Eustis area - Commissioner District 4. He stated that this request had come up at the previous Board Meeting and concerns about the vacation were discussed. He pointed out the area in question on an aerial on display and reviewed research that his staff had done, with regard to the request, noting that the portion in question was part of a lot split that occurred several years ago off of a private easement. He stated that the parcel that is the subject of this discussion was deeded to the applicants by the original owner of the property, of which half is a public easement and the other half a private easement. He stated that the applicants were requesting to vacate the public easement part of the property, however, noted that, if the Board approved the vacation, Mr. and Mrs. Everett Bailey, adjoining property owners, would lose legal access to their property. He stated that there was also a question as to the validity of the lot splits.
Ms. Janet Ledford, Applicant, addressed the Board and submitted, for the record, a booklet and six photographs pertaining to this request. She stated that she, her daughter, and the other petitioners listed on a petition contained within the booklet were requesting vacation of the easement in question. She stated that the petition contained 17 signatures, representing all the people that own property along the private easement, Paradise Way, which is located off CR 439, between Hwy. 42 and 44A. She stated that the petition was also supported by three property owners who live directly across Hwy. 439 from Paradise Way, evidenced by affidavits signed by same. She stated that the public dedication has to do with a 50 foot leg of property that overlaps, by 25 feet, the private easement known as Paradise Way. She stated that the property directly adjacent to the public dedication belongs to Everett and Angela Bailey, who are opposed to the petition. She stated that she, her husband Galer, her daughter Martha, and Marjorie Toops are the four people who own the property in question.
Ms. Ledford requested the Board’s approval to vacate the public easement, in order to utilize a 25 foot by 1,300 foot strip of land that was fenced in long before they purchased the property, for the previous owner’s private use, which she noted is impassable at the present time and has been for public use. She stated that it would allow them to utilize approximately 33,000 square feet of grassland for their livestock. She stated that they are also asking for approval of the request, in order to help reestablish a quiet, country peace that founded each petitioner’s purchase of property at the Paradise Way location and better enable law enforcement to help maintain that peace. She stated that another matter that merits attention is the issue of fire and emergency services, noting that it is her understanding that County regulations would have the emergency service vehicle use the public easement as far as it could go, before they enter onto the private easement, to reach the back properties. She stated that the petitioners are also asking that the Baileys improve and utilize access to their property from Hwy. 439, which was granted to their parcel through Large Lot Waiver 1290, and not use Paradise Way at all.
Commr. Cadwell questioned whether Ms. Ledford understood, at the time that they did the lot split, that she would be required to give the right-of-way to the Baileys.
Ms. Ledford stated that they were never instructed anything of that nature. She stated that the legal descriptions were split when she and her husband and daughter purchased the property. She stated that, to her understanding, from every governmental department that she dealt with, the legal descriptions for both parcels of property remained as one, until they purchased the property in May of 1997, at which time it was legally split into two separate properties.
It was noted that the two lots were created February 5, 1990, therefore, what the applicants purchased were two lots that were created through a large lot waiver process and it was required that the dedication be set aside, when the large lot split.
Ms. Martha Ledford, Applicant, addressed the Board, stating that she was representing the 17 petitioners, at which time she noted some of the concerns they had, with regard to the matter. She stated that the private easement is currently maintained by the 17 petitioners, noting that a recorded Maintenance Agreement was contained in the booklet that her mother had submitted, for the record. She stated that the Baileys have refused to help maintain Paradise Way and, in fact, have abused and caused damage to the easement, by racing all-terrain vehicles, dirt bikes, and motorcycles down it. She stated that the petitioners have offered the same means of ingress and egress to the Baileys, in the form of a private easement, and the only stipulation that they have asked is that they sign a road maintenance agreement, to help the petitioners maintain it. She stated that, should the Baileys not want to help maintain the road right-of-way that they use, then the petitioners ask that they use the access that was originally intended for them, off CR 439. She requested the Board to approve the request.
Mr. Everett Bailey, an adjoining property owner, addressed the Board, in opposition to the request, stating that, over the years he has not paid to have the easement maintained, however, on several occasions paid to have Professional Dirt Service dump dirt on the easement and spread it. He discussed what has transpired, with regard to the easement, up to this point in time. He stated that, under the Access Management Law, due to the fact that CR 439 is a heavy commuter road, he would not be allowed to place a driveway access on said road, therefore, would be landlocked, if the Board approved the request. He stated that the only access to his property is by way of the easement in question. He stated that anything beyond the length of his property can stay private, he just wants the length of his property left public for his ingress and egress.
Mr. James Liverance, who lives across CR 439 from the easement in question, addressed the Board, in favor of the request, stating that he has lived at said location for six years and has never seen Mr. Bailey have dirt put on the easement, or mow the grass on the easement. He stated that the Baileys and their children have always been a nuisance to the neighborhood and continue to be. He stated that he felt the Baileys should create their own driveway and let the Ledfords have their property.
Mr. Galer Ledford, Applicant, addressed the Board and responded to some comments made by Mr. Bailey. He questioned why the 636 feet east of Mr. Bailey’s driveway and the 252 feet west of the driveway needed to remain public, noting that it is a lot of square footage that they could use for their cattle. He stated that said property has been fenced up to his driveway for years. He noted that Mr. Bailey’s property is presently up for sale; therefore, felt that a lot of the issues being addressed were moot.
Mr. Pierre Vachon, who lives along the easement in question, addressed the Board, in favor of the request, stating that two or three times the residents along said easement asked Mr. Bailey to help maintain it; however, he never agreed to do so. He stated that he felt, if Mr. Bailey was going to use the easement, he should help maintain it.
Ms. Lois Aleshire, the owner of a parcel of property located to the south of Paradise Way, addressed the Board, in favor of the request, stating that, prior to purchasing the property that she presently owns, she had a deposit on the property that the Ledfords bought and was made to understand, by Mr. Ken Savage, the realtor, that the frontage on CR 439 was part of that property. She stated that said property was sold without any reference to the easement.
Mr. Marion Lee, who lives along the easement in question, addressed the Board stating that he was one of the first land owners in the area. He stated that Mr. Bailey was asked to participate in maintaining the easement, however, has refused to do so. He did note, however, that Professional Dirt Service dumped one load of dirt on the easement, approximately six to seven years ago. He stated that he asked Mr. Bailey and his friends to get their four-wheelers and dirt bikes off the easement on several occasions, because they were doing doughnuts on it.
Ms. Angela Bailey, the wife of Everett Bailey, addressed the Board stating that she and her husband did catch their eldest son doing doughnuts on the easement with his dirt bike; however, he was reprimanded for doing so. She stated that she and her husband have helped to maintain the easement and could obtain records showing that they have done so. She stated that she just wanted everybody to get along.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson clarified the fact that the northern part of the public easement is not being used for right-of-way, noting that the clay road is actually half of the public easement and half of the private easement. She stated that that needed to be corrected.
Mr. Stivender stated that there are overlapping easements. He stated that the private easement would still be in place, if the public easement was vacated. He stated that staff has a concern about the lot split issue and the rules that the County has, thus, their reason for recommending denial.
Commr. Swartz stated that the easement was created, pursuant to the large lot waiver process, and is a requirement for the lots located along the easement; therefore, he could not see vacating it, under those circumstances, unless the applicants want to rejoin their two lots and do away with the easement. He stated that he felt a portion of it could then be vacated, however, was not sure how much of it needed to be given to the Baileys. He stated that it seemed to him that the immediate recourse would be to the seller and/or title company, because it was public record that it was an easement. He stated that the purchasers own the underlying land, but, as an easement over that land, the easement restricts it. He stated that he could not see vacating the easement, which was a condition of the lots in question, and requiring the Baileys to reorient their property and their access to it, because it was in place when they bought their lot.
Commr. Hanson stated that she would hope the neighbors would get together and share in the total cost of the maintenance of the road. She stated that there has got to be a solution, but the Board could not give them that solution this date.
A motion was made by Commr. Hanson and seconded by Commr. Swartz to deny Petition No. 881, by Janet Ledford, to vacate easement (Paradise Way), Section 22, Township 18S, Range 27E, Eustis area - Commissioner District 4.
Under discussion, Commr. Swartz suggested that, in those cases where the County is creating easements for public use, staff consider some type of maintenance agreement that the parties involved would have to agree to, in order to ensure that the easement is maintained.
Commr. Hanson stated that it appears the easement in question needs to be part of the public easement; otherwise, the residents are utilizing a private easement, which is another issue.
Commr. Swartz stated that it is possible that a prescriptive right-of-way exists.
Commr. Pool questioned whether the County did anything, as far as maintenance of public rights-of-way is concerned.
Mr. Stivender stated that the County does not. He stated that the County does a one-time maintenance, when requested, on public rights-of-way in old subdivisions; however, there is a charge for it.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PETITION NO. 883 - DENISE GRIMM/SWISS FAIRWAYS, INC. - GROVELAND
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request by Denise Grimm, Swiss Fairways, Inc., to vacate right-of-way, Groveland Farms, Section 29, Township 22S, Range 25E, Groveland area - Commissioner District 2. He stated that it was an older easement in the Groveland Farms area and there has been a question concerning access to the Olsons, on the south end of the property, because that was the shortest distance. He stated that that matter has been resolved between the property owners; therefore, it is not an issue. He stated that staff was recommending approval.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-193 - Petition No. 883, by Denise Grimm, Swiss Fairways, Inc., to vacate right-of-way, Groveland Farms, Section 29, Township 22S, Range 25E, Groveland area - Commissioner District 2.
RECESS AND REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess until 10:40 a.m.
PERSONAL APPEARANCES
PRESENTATION
PUBLIC WORKS/ROADS-COUNTY AND STATE
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that he was present to determine an alignment for the South Clermont Connector Road Project. He stated that approximately 15 to 20 years ago the County widened Lake Louisa Road and Lakeshore Drive, considered to be scenic highways, to 24 feet; however, development occurred rapidly along said roads and an alternative road is now needed. He stated that staff came up with two alignments, Options A and B, that connect directly to Hwy. 27. He pointed out said alignments on an aerial map that was distributed to the Board, for their perusal.
Mr. Fred Snyder, the new Director of Engineering, replacing Mr. Don Griffey, who resigned, addressed the Board and discussed why the County is proposing building a new road, rather than improving the existing roads. He addressed the costs involved, the rights-of-way that the property owners have agreed to donate, and the support that staff found from the general public in the area, as well as from the Department of Transportation (DOT). He stated that Lake Ridge Club; the Ladds, owners of property in the area; the majority of the residents (obtained 69 signatures in favor of Option B), and DOT prefer that the Board approve Option B. He stated that staff supports Option B, as well.
Mr. Stivender informed the Board that staff wanted to bring this matter to their attention and obtain direction, as to whether or not to proceed with the project.
Commr. Pool stated that he felt the project was an important one, noting that Lakeshore Drive was never meant to handle the traffic that travels it today. He stated that he felt, as south Lake County continues to develop, the connector from south Lake County to Hwy. 27 is going to be vitally important to the future quality of life in that area.
Commr. Swartz stated that the County needs to determine the acceptable level of service, set it there, and then ensure that it be maintained.
Mr. Stivender stated that he would obtain letters of commitment from the property owners in the area, in order to ensure the Board that they are committed, with regard to the rights-of-way donation, prior to the next meeting. He stated that, if Option A or B is chosen this date, or another alternative is chosen, the County will go out for rights-of-way acquisition and design, have it designed in 1999, and have it under construction in the year 2000.
Commr. Gerber questioned whether, in staff’s estimation, there was any reason, other than the price involved, why the Board should approve Option A, rather than Option B.
Mr. Stivender stated that there was not.
Commr. Gerber stated that she did not see any point in putting approval of this project off, noting that it appears the majority of people involved prefer Option B.
Commr. Swartz stated that Option B clearly seems to be the better of the two options, therefore, felt that the Board should give staff direction to continue to pursue Option B and try to obtain donation of the properties involved.
Commr. Pool stated that he was in support of Option B, noting that he feels the south Lake County area needs the connector road.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Option B for the South Clermont Connector Road Project, to be brought back to the Board at a later date, with rights-of-way commitments and what the total costs of the project will be.
REZONING
PETITION NO. CUP98/11/1-4 - CUP IN A - FLORIDA TWIN MARKETS
BOB JOHNSON, NEXTEL CORPORATION
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that some concerns were raised by the Board and adjacent property owners at the Board Meeting held on November 24, 1998, as to the proximity of the proposed tower, with regard to residential and future residential uses. She reviewed an aerial of the property in question, pointing out the location of the proposed tower, as well as an existing tower that is located on the site. She stated that staff met with the applicant, as requested by the Board, to try to work out some options for locations; however, the only suggestion that staff had, which was similar to the Board’s suggestion, was to move the proposed tower closer to Hwy. 441, or seek a variance and place the tower on the same site with the existing tower. She stated that staff’s original recommendation had not changed. She noted that the County had received an additional letter of opposition (County Exhibit A), since the last meeting, which she submitted, for the record.
Mr. Rob Rosen, Attorney, representing the applicant, addressed the Board, stating that the applicant agreed with staff’s recommendation and findings, contained in the Staff Report. He stated that the location in question is an ideal area for a tower, noting that it is in a rural area that is not developed - an area that the Tower Ordinance was designed to address. He stated that the site meets and complies with the setback requirements. He stated that he had met with staff on two occasions, to try to discuss additional tower locations, with the first concept being to move the tower more internal to the Renninger site; however, after meeting with staff, he met with the owners of Renninger’s Antique Center and they are not willing to lease a different area. He presented, for the record, a letter (Applicant’s Exhibit A) from Mr. R. Doyle Carlton, General Manager, Renninger’s Antique Center, stating that they feel the original site (50 x 50 foot area that is the subject of this application) is the best site for the tower, in the interest of all parties involved, noting that they feel the proposed change would place the tower in the middle of activities that are necessary for them to operate efficiently.
Mr. Rosen stated that the other suggestion staff had stemmed, in part, from comments that were made at the Board Meeting held on November 24, 1998, which was to move adjacent to the existing tower. He stated that that would not fly in the face of the County’s Tower Ordinance, which was drafted to prevent towers from locating near each other. He stated that, regardless of that, under the existing tower ordinance, the applicant would not comply with the setback requirements, if they were to try to locate at the proposed site. He stated that he did not know if the Board would grant a variance, with respect to it, so they are very reluctant to go that route. He stated that another question was raised regarding the possible decrease in property values, because of the tower, which he wanted to address, noting that Mr. Harry W. Collison, Jr., an appraiser from Orlando, who Nextel Corporation hired to do an evaluation of the site in question, was present in the audience. He presented, for the record, Mr. Collison’s qualifications (Applicant’s Exhibit B).
Mr. Harry Collison, Jr., Appraiser, addressed the Board, stating that his firm, Consortium Appraisals, Inc., was retained to look at this specific tower location. He stated that they do appraisals throughout the Central Florida region and have done so for over 20 years. He addressed the issue of devaluation of nearby properties, noting that his firm had evaluated a case similar to this one in Orange County, that is in direct proximity to a 71 lot single family subdivision and contiguous to the main entrance of a golf course. He stated that said tower is 345 feet, versus the 180 foot Nextel tower being considered this date. He stated that his firm found no indication, from sales that occurred in said subdivision, that the tower had an adverse effect on the residential properties. He stated that his firm conducted such a study in Lake County, as well, on a subdivision located in close proximity to a radio tower located on Radio Road, near the Lake Square Mall, and found no adverse effect on said lots. He stated that the purpose of their study was to provide an opinion to Nextel Corporation and communication to the Board as to whether they had identified any impact upon adjoining real estate interest, with regard to this specific tower location. He stated that, based upon the research that his firm conducted, there does not appear to be any indication, from the market, that the adjoining property owners’ value should expect a change, because of the Nextel site proposal.
Mr. Rosen readdressed the Board, stating that there is no competent evidence on the record, as required by the County’s regulations, that this request will have a substantial adverse impact on the surrounding properties, therefore, requested approval of the request.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that, even though the proposed tower would be located in a cluster of trees, she was concerned that the cluster of trees would do nothing to give screening to the property owners that are in opposition to the request, because they are in a valley and the tower will be located on a hill. However, while she had those concerns, she felt that she would have to support it.
A motion was made by Commr. Hanson and seconded by Commr. Swartz that the Board uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1998-98 - Florida Twin Markets, Nextel South Corporation/Bob Johnson, Rezoning Case No. CUP98/11/1-4, Tracking No. 80-98-CUP, a request for CUP in A (Agriculture), for construction of a 180 foot monopole-type telecommunications tower on the site of the existing Renninger’s Antique & Flea Market.
Under discussion, Commr. Swartz requested that staff come forward with language that would require, when sites are large enough, that towers be put more in a central location on the site, rather than on the extreme wing of the site. He stated that that would include all properties that may be under the same ownership, even if they were subdivided.
Commr. Hanson stated that the current land owner is wanting to put the tower at the very extremities of his property for the same reason that the adjacent property owner does not want to have it so close to his property.
Commr. Gerber stated that she was for clustering.
Commr. Pool concurred, however, questioned whether towers could be clustered.
Mr. Bob Johnson, Nextel Corporation, addressed the Board stating that towers, in most cases, can be arranged in clusters, noting that he has designed towers in cluster patterns in the past. He stated that it takes some collaboration between the users of the existing tower and the future users of the proposed new tower, but, in most cases, some compromises can be worked out to allow it to work.
Commr. Pool stated that, in the future, the County might want to take a look at the issue of clustering.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PETITION NO. CUP 98/12/4-3 - REVOCATION OF CUP 94/4/2-3 AND REQUEST FOR NEW CUP IN R-3 - RICHARD REINERTSEN
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the applicant bought another house across the street from his current residence, to relocate his home occupation, which is a dental lab. She stated that there was no opposition to the request and staff was recommending approval.
The Chairman opened the public hearing.
The applicant or the applicant’s representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-99 - Richard Reinertsen, Rezoning Case No. CUP#98/12/4-3,
Tracking No. 90-98-CUP, a request for revocation of CUP 94/4/2-3 and a request for a new CUP in R-3 (Medium Residential), to relocate an existing home occupation (dental lab) to a different residence across the street from the current location.
PETITION NO. 51-98-4 - REZONING CFD TO A - MARILYN BRASWELL, PRESIDENT-FAITH WORSHIP CENTER/ST. JOHNS RIVER/DAVID CRIPE
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that this case involved the rezoning from a CFD (Community Facility District). She stated that the applicant has an ordinance for a church and wants to rezone it to agriculture. She stated that it involves a 4.5 acre site. She stated that there was no opposition to the request and staff was recommending approval. She stated that the Planning and Zoning Commission approved the request, as well, by a 7-0 vote.
The Chairman opened the public hearing.
The applicant or the applicant’s representative was present in the audience.
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. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-100 - Marilyn Braswell, President, Faith Worship Center/St. Johns River, David Cripe, Representative, Rezoning Case No. PH#51-98-4, Tracking No. 83-98-Z, a request for rezoning from CFD (Community Facility District) to A (Agriculture).
PETITION NO. CUP 98/12/1-2 - CUP IN A - DANIEL SMITH AND SHIRLEY WHITAKER
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a case involving the care of an infirm relative, in an agricultural district, on 5.20 acres. She stated that there was one letter of opposition in the Board’s backup material; however, there were no concerns from the Green Swamp Area of Critical State Concern. She stated that staff was recommending approval of the request. She stated that, in meeting with the family, the mobile home will be placed to the rear of the property, behind a single family home currently located on the property.
The Chairman opened the public hearing.
The applicant or the applicant’s representative was present in the audience.
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. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-101 - Daniel Smith and Shirley Whitaker, Rezoning Case No. CUP#98/12/1-2, Tracking No. 84-98-CUP, a request for a CUP in A (Agriculture), for placement of a mobile home on the site, with an existing residence, for the care of an infirm relative.
PETITION NO. CUP98/12/3-2 - CUP IN A - DONALD W. FENDER, SR.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for a CUP in A (Agriculture), in the Green Swamp Area of Critical State Concern, in the Groveland area. She stated that there were no letters of opposition on file and noted that there were no concerns expressed by the Green Swamp Area of Critical State Concern Office about the request. She stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
The applicant or the applicant’s representative was present in the audience.
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. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-102 - Donald W. Fender, Sr., Rezoning Case No. CUP#98/12/3-2, Tracking No. 88-98-CUP, a request for a CUP in A (Agriculture), for placement of a mobile home on the site, with an existing residence, for the care of an infirm relative.
PETITION NO. 52-98-5 - RMRP TO R-7 - ALLAN C. DIAMOND/L.E. TAYLOR - HOWELL, TAYLOR & DUGGAN
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the applicants own 1.16 acres in the Lady Lake area. She stated that it is considered spot zoning, noting that it has some RMRP; however, they want to rezone the property to R-7 (Mixed Residential), to place two homes (either mobile or conventional) on two buildable lots. She stated that there was no opposition to the request and staff was recommending approval of the request.
The Chairman opened the public hearing.
The applicant’s representative was present in the audience.
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. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1998-103 - Allan C. Diamond, L.E. Taylor - Howell, Taylor and Duggan, Rezoning Case No. PH#52-98-5, Tracking No. 89-98-Z, a request for rezoning from RMRP (Mobile Home Rental Park) to R-7 (Mixed Residential), to place two mobile homes on two buildable lots.
PETITION NO. CUP98/10/2-2 - CUP IN LM OR REZONING FROM LM TO MP - WILLIAM AND MARIA WARREN
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it involved a one acre site currently located in the employment center, in the Montverde area, which is a vested industrial use. She stated that the applicant wants to put a mobile home, for a caretaker’s residence, and a self-service storage facility on the property. She stated that staff was recommending approval of the request, however, was recommending that the property be rezoned to MP (Planned Industrial), for the self-service storage facility, and to allow the applicants to live on the site.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that the self-service storage facility is an approved use in the LM zoning category. He stated that the reason the applicant was requesting approval for CUP in LM was to allow for the caretaker’s residence. He stated that the Board would not be approving any use in the LM category, other than what is already approved. He stated that this parcel of property, along with several hundred acres around it, is located in an employment center, zoned LM, across from a hyponex peat processing site. He stated that residential is not a part of this piece of property and that is why the applicant feels this use is appropriate. He stated that the applicant bought this piece of property with a zoning clearance letter to have the self-service storage facility there and they want to have a caretaker’s residence there, as well, to protect what they are storing on the property. He stated that the Planning and Zoning Commission allowed for the property to be zoned MP with a caretaker’s residence. He stated that they also added all the other LM uses that may legally be used on the property at some future date so that, as the area develops, the applicant may be able to have other industrial light manufacturing uses, as the Comprehensive Plan changes.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that people are allowed to live in a commercial unit, therefore, questioned whether caretaker units were allowed in a commercial zoning.
Ms. Farrell stated that it would not be allowed without a conditional use permit.
Commr. Hanson stated that she felt the County should look at allowing people to live at the same place that they have a commercial business, even in the rural areas. She stated that she felt it would be appropriate, in the light manufacturing zoning district, for one to be allowed to live at their place of occupation. She stated that, if it is allowed in the cities, why not allow it for businesses that the County is saying is appropriate for the rural community.
Commr. Swartz concurred, however, noted that he was having a problem with what he feels is an inappropriate zoning. He stated that he was very troubled by this type of use being located where it is, noting that a storage facility being one of the first things that one sees when coming into a community is not his idea of what the County should be encouraging.
Ms. Farrell stated that staff added to the ordinance the fact that no outside parking, or storage of any equipment, would be allowed and had discussed adding enhanced landscaping, or capping out the ISR (impervious surface ratio).
Commr. Pool stated that he felt staff’s recommendation of approval from LM (Light Industrial) to MP (Planned Industrial) was consistent with the Comprehensive Plan and a good recommendation.
A motion was made by Commr. Pool and seconded by Commr. Hanson that the Board uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1998-104 - William and Maria Warren, Rezoning Case No. CUP98/10/2-2, Tracking No. 79-98-CUP, a request to rezone from LM to MP (Planned Industrial), to allow the placement of a mobile home for use as a caretaker’s residence, for a self-service storage facility, with LM uses, based on staff’s recommendation.
Commr. Swartz asked staff to read into the record all the uses that would be allowed under staff’s recommendation of MP (Planned Industrial), with LM (Light Industrial) uses.
It was noted that light industry, a recycling center, a trucking facility, and warehouses would be allowed under said category.
Commr. Swartz noted a concern he had about said uses, noting that they would not be permitted uses, if the motion did not include all the LM uses.
It was noted that the property is zoned LM at the present time.
Commr. Hanson stated that she did not find such things offensive, when there is a hyponex peat processing site located across the street from the property.
The Chairman then called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Swartz voted “No”.
RECESS AND REASSEMBLY
The Chairman announced that the Board would recess for lunch and would reconvene at 1:15 p.m.
OTHER BUSINESS
LAWS AND LEGISLATION/COUNTY PROPERTY
The Chairman reconvened the meeting, noting that he had an item of business that needed to be taken care of, with regard to the Legislature. He stated that the Board had received a request from Representative Stan Bainter, regarding the Palatlakaha Environmental and Agricultural Reserve (PEAR) project, and he needed some guidance from the Board regarding same. He stated that the Board had asked the Lake County Water Authority to be present, to explain what they perceive their role to be in the project.
Ms. Sue Whittle, County Manager, stated that, over the one and a half years that the County has been dealing with this project, several proposals had been brought forward; however, she did not feel that anybody had brought forward a real concrete proposal, as to what the ultimate usage of the acreage would be. She stated that one thing that has been agreed on, from the beginning, is that a linear park in the wooded area along the river would be something that would immediately be useful to have there and that has been the commitment from the Water Authority. She stated that the proposals on the other 250 plus acres are still in less than a finished stage.
Dr. Robert Taylor, Lake County Water Authority, addressed the Board, stating that one of the things that has been hard to do, with regard to this project, is make firm plans, because the sands keep shifting. He stated that, due to that fact, it is hard to pin down exactly what is going to be going on and who is going to be doing what. He stated that, from the Water Authority’s point of view, they have been interested in trying to do something to preserve this stretch of the Palatlakaha River for a number of years. He stated that the linear park portion of the PEAR site is included within one of the acquisition areas for the Water Authority’s Conservation Lands Program, so he is confident that the Water Authority would remain committed to both capital and operational costs of that portion of the PEAR site, however, beyond that, they do not have anything more firm to deal with. He stated that, if that property got transferred to the County this date, the extent of the maintenance on the property would be mowing it a couple of times per year. He stated that he did not think anything was going to get built out there, unless there is an entity, whether it be public or private, that is willing to bear the burden of keeping it up.
Commr. Swartz stated that he felt it needed to come down to a baseline decision, which is whether or not and how, in whatever proposal the Board is faced with, they are going to organize that land, beyond that which is the passive recreational area that is bordering on the Palatlakaha River. He stated that a plan can be developed and he believes that, within that plan and the operational costs of it, there should be a commitment from the Water Authority and he would hope a commitment from the Board, to keep that land in public ownership and be able to preserve what is still a pristine portion of the Palatlakaha River and those lands adjacent to it, for whatever other types of activities the County, the Water Authority, and perhaps the Conservation District might choose. He stated that the Board needs, at some point, to say that they are willing to share in the costs, because they think that that project, as it has been shown to the Board, is one that they feel is worthwhile.
Commr. Cadwell stated that he was concerned about what effect the project would have on the County’s recreational budget. He stated that the Board has not seen anything in concrete and he did not want them to commit to a regional facility, where the County is going to end up spending what they are spending now on recreation, and have all the other recreational activities go away. He stated that it is not whether that land should be preserved, or whether it is a good thing to have that land - it is, he was just concerned about what level the County was going to be a participant.
Commr. Swartz stated that he felt this issue was of such importance that he would support providing the County’s share of the funds, along with the Water Authority, and perhaps the Conservation District, and going forward with it.
Commr. Gerber stated that, if the Board is willing to help with the operational costs, there has got to be some sort of agreement as to how much authority the County will have over the use of the land. She stated that she felt it was going to be a problem, if the Board did not get it straight right from the beginning.
Commr. Hanson stated that a non-profit could use the land, but it would have to be by agreement what they can and cannot do, depending on who owns the land.
Commr. Cadwell stated that, if the land is titled to the County, the Board could let it sit there, if that is what they wanted to do.
Dr. Taylor stated that he was prepared to deliver to the Legislative Delegation the Water Authority’s thought on the matter, along with the County’s, in that they feel this project is important for the citizens of the County, even though they do not have a detailed cost analysis of what is going to happen, but that the main thing is to ensure that it is available for the public to use. He stated that the plan will have to develop over time.
Commr. Cadwell stated that that land may truly be just open space for years to come and the Board needs to understand that they will not be committing to anything, other than preserving the land.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board authorized Representative Stan Bainter to present to the Legislative Delegation their willingness and desire to share in the operational costs of the Palatlakaha Environmental and Agricultural Reserve (PEAR) project, in conjunction with the Lake County Water Authority, and to ensure them that the Board will assume the responsibility for said property, in terms of managing and operating it, to the extent that they want to have programmatic open space recreational, or agricultural, activities there.
REZONING (CONT’D.)
PETITION NO. CUP98/12/2-4 - CUP IN A - ROBERT D. LENHOLT, LENHOLT FARMS/NEXTEL SOUTH CORPORATION/BOB JOHNSON
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that this case involved a request to place a tower on a 155 acre site in the Pine Lakes/Royal Trails area. She stated that it is a CUP for Nextel South Corporation, in a rural land use. She stated that it meets the current Tower Ordinance, as found in Chapter 3.13.00 of the Land Development Regulations; therefore, staff was recommending approval of the request. She submitted, for the record, a survey (County Exhibit A) of the property in question, indicating where the tower will be placed on the property. She stated that there was no opposition to the request.
The Chairman opened the public hearing.
The applicant was present in the audience.
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.
A motion was made by Commr. Hanson and seconded by Commr. Pool to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1998-105 - Robert D. Lenholt, Lenholt Farms, Nextel South Corporation, Bob Johnson, Rezoning Case No. CUP#98/12/2-4, Tracking No. 86-98-CUP, a request for a CUP in A (Agriculture), for the placement of a 300 foot telecommunications tower on a 10,000 square foot lease parcel, within the overall 355 +/acre parent tract.
Commr. Swartz questioned whether this tower was going to be designed for multiple users.
Mr. Bob Johnson, Nextel South Corporation, addressed the Board stating that the tower is designed for four cellular carriers - Nextel plus three others. He stated that there will also be some additional loading built into the tower for paging services, public safety services, etc.
Mr. Sandy Minkoff, County Attorney, informed the Board that a requirement could be placed in the CUP to ensure that the tower is built for additional users.
Commr. Swartz amended the motion to add the additional users, as indicated by the applicant.
Commr. Gerber seconded the amendment.
The Chairman called for a vote on the amendment, which was carried unanimously, by a 5-0 vote.
The Chairman then called for a vote on the original motion, which was carried unanimously, by a 5-0 vote.
PETITION NO. 49-98-2 - REZONING AN EXPIRED PUD FROM PUD AND A TO PUD - RICHARD H. LANGLEY/LANGLEY RANCH/ARROW TREE PUD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that this case involved an old PUD that has not had any activity on it over the years, in the south Lake County area, off Hwy. 19, with three land uses. She stated that the applicant worked with staff and developed a rural subdivision, with a density consistent with the variety of land uses that they had. She stated that staff was recommending approval. She stated that the applicant had gone before the Development Review Staff and submitted a master development plan, with comments, and will come back with individual plats. She stated that the Town of Howey-in-the-Hills had no concerns, other than the issues of traffic and transportation. She stated that she would like to add, on Page 2 of the Ordinance, contained in the Board’s backup material, that it is a total of 130 units on 619 acres. She stated that there were 20 acres in the urban expansion designation area, with the balance being in the suburban and rural designations. She submitted, for the record, a plat (County Exhibit A) of the PUD; the Master Development Plan (County Exhibit B) for the project; and an aerial (County Exhibit C) of the property in question.
The Chairman opened the public hearing.
The applicant’s representative was present in the audience.
No one was present in opposition to the request.
Mr. Dale Ladd, acting as agent for the applicant, Richard Langley, addressed the Board stating that the applicant was requesting approval for one, three, and five acre lots, for single family residences. He stated that the 130 units alluded to by Mr. Farrell is actually less than what the applicant can put on the property, according to the land uses that underlie the project.
Commr. Swartz stated that he felt the project needed to have more upland open space and that not all the open space be wetlands. He stated that he felt the applicant had the possibility of constructing a very good development, but felt that it was going to take making some changes to the PUD.
Commr. Hanson stated that it looked like the project already had a lot of upland, which may have been orange groves, at one time. She questioned how many units the development could get, if there was not a PUD.
Mr. Ladd stated that they would be able to get close to 200 units.
Commr. Hanson stated that she had a problem with requiring five acre tracts to provide open space. She stated that the property is very rural; therefore, the five acre tracts would be open space.
Commr. Swartz disagreed, noting that it would not be classified as open space, given the definition of the State Comprehensive Plan. He stated that he would not oppose a number of units greater than 130, if the size of the lots were reduced and more upland open space was created.
Mr. Ladd stated that the applicant does not want more than 130 units. He stated that they came up with that figure, because they feel it would have the least amount of impact on the 619 acre parcel of property and the lifestyle that they are trying to create. He stated that they are trying to have a rural setting, with upscale homes, where they can use the available water bodies that are there, which are mostly canals, as canoe trails and keep the rural environment. He stated that the applicant wants five acre tracts, not one acre tracts.
Commr. Swartz stated that he feels five acre tracts will destroy Lake County, noting that he feels it is a wasteful using up of land that the County has.
Commr. Cadwell stated that the design of this project is the applicant’s business, not the County’s.
Commr. Pool stated that he felt this project was a quality project and commended the applicant for creating it. He stated that he felt it was going to be an asset to the area and that he did not think anyone was opposing it, including the Town of Howey-in-the-Hills.
Commr. Hanson stated that the development looks like it will work well with the natural environment surrounding it. She stated that it is not a cookie cutter design.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz questioned what makes the development a quality project, as alluded to by Commr. Pool.
Commr. Pool stated that it is the opportunity to purchase one acre, three acre, or five acre tracts; the quality of the overall trees that the applicant has been able to maintain on the site; and the opportunity to utilize the canals as different opportunities for recreation. He stated that, with regard to aesthetics, transportation, and the lifestyle that a person is trying to acquire, he feels the development meets many of the characteristics of what he would call a quality project.
Commr. Swartz stated that he could not tell, from looking at the master plan, what the County is going to get, in the end, and that is the purpose of a PUD. He stated that he feels the County makes a serious mistake when it allows lot lines to go down into a buffer, water body, wetlands, etc., because, in the end, the County is going to lose what the property is being set aside for.
A motion was made by Commr. Pool and seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1998-106 - Richard H. Langley, Langley Ranch/Arrow Tree Subdivision, Rezoning Case No. PH#49-98-2, Tracking No. 87-98-PUD, a request for rezoning an expired PUD “Villages of Fairway Oaks” from PUD (Planned Unit Development) and A (Agriculture) to PUD (Planned Unit Development).
Under discussion, Commr. Gerber stated that she lives on three acres and her open space is her front yard; therefore, she did not understand the point of having open space a half mile down the road. She stated that it would not mean a thing to her, as a home owner. She stated that her main problem with this development is that it looks like it is a little wet, however, felt that, if staff has looked at it, she would assume the documents contained in the Board’s backup material stating that it is not a problem were accurate and she would have to go along with it.
Commr. Swartz amended the motion to increase the number of lots from 130 to 162, if the applicant would leave 25% of the upland area in natural vegetative open space, consistent with the definition that is in the State Comprehensive Plan.
Commr. Hanson seconded the amendment, for the purpose of discussion.
Under discussion, Commr. Hanson questioned the number of units the development could have, without a PUD.
Ms. Farrell stated that, if it were straight agricultural zoning, it would be approximately 120 units.
The Chairman called for a vote on the amendment, which failed, by a 4-1 vote.
Commrs. Cadwell, Hanson, Gerber and Pool voted “No”.
Commr. Hanson stated that, in Commr. Swartz’s behalf, she would like to see the language he alluded to incorporated in the County’s policies. She stated that she would have to fight the Department of Community Affairs over it, but feels that it should be in there. She stated that she has felt it should be in the policies for eight years.
The Chairman called for a vote on the original motion, which was carried, by a 4-1 vote.
Commr. Swartz voted “No.”
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
AMBULANCES-HOSPITALS/COMMUNITY SERVICES
CONTRACTS, LEASES AND AGREEMENTS
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that it involved an agreement between Lake County and the Florida Healthy Kids Corporation, in Tallahassee. He stated that the County is the fiscal agent for the Lake County Healthy Kids Program. He stated that the Board’s backup material contained a copy of the proposal and some letters of intent from the three hospitals in the County, indicating that they would be providing the first year cash match, which is a little over $9,300.00. He stated that the Florida Healthy Kids Corporation will be reviewing the contract on January 20, 1999, noting that it has not actually been approved yet.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of Agreements between Lake County and the Florida Healthy Kids Corporation, Florida Hospital Waterman, Leesburg Regional Medical Center, and South Lake Hospital, establishing Lake County as the fiscal agent for the Lake County Healthy Kids Program; and approval of the first year local cash match obligation.
COMMUNITY SERVICES/RESOLUTIONS/PUBLIC HEALTH
On a motion by Commr. Hanson, 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 Resolution No. 1998-194, amending and restating Resolution Nos.1994-19, 1995-211, 1996-105, and 1998-179, pertaining to the Lake County Comprehensive Health Care Committee; and changing the Lake County Health Department Medical Director’s position to a non-voting liaison member, rather than a voting member.
CONTRACTS, LEASES AND AGREEMENTS/RESOLUTIONS/STATE AGENCIES
RIGHTS-OF-WAY, ROADS AND EASEMENTS/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Chuck Pula, Parks and Recreation Manager, Public Works, addressed the Board stating that this request was for approval for the Chairman to execute a Joint Participation Agreement between Lake County and the Florida Department of Transportation, as well as approval of a perpetual easement and resolution. He stated that the request came about, because of the location of the McTureous Memorial Park and home and discussions with DOT, regarding the widening of Hwy. 19 through Altoona. He stated that DOT, through this agreement, is agreeing to give Lake County $80,000.00 to purchase the property in question, which is approximately two acres in size, and to relocate the picnic/playground area on the parcel. He noted that there is support for the project.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval and execution of a Joint Participation Agreement between Lake County and the State of Florida, Department of Transportation, including a Perpetual Easement and Resolution No. 1998-195, relating to road improvements on State Road 19 and the relocation of McTureous Memorial Park.
GROWTH MANAGEMENT/ZONING
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the CUPs in question were CUPs that staff wanted to take off the books. She stated that both of the CUPs have been reclaimed and have received approval from the St. Johns River Water Management District and the Department of Environmental Protection. She stated that one of the CUPs was vested and the other one has another use on the site.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of the revocation of Conditional Use Permit No. 985-5, Eichelberger; and Conditional Use Permit No. 616-3, Danis.
PUBLIC WORKS/ROAD VACATIONS
Ms. Cecelia Bonifay, Attorney, representing the applicant, Mr. Claude Smoak, addressed the Board stating that it was her understanding that the City of Minneola has some concerns, with regard to this request, however, noted that the applicant is continuing to work with them, as well as with surrounding land owners. She requested approval to advertise the vacation of the plat in question and noted that the applicant would continue to work on said issues, before it comes back before the Board in a public hearing.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request to advertise Vacation Petition No. 884, by C.E. Smoak, to vacate plat, Howey Subdivision “A”, Section 8, Township 22S, Range 26E, Minneola area - Commissioner District 2.
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
ACCOUNTS ALLOWED/ASSESSMENTS
CONTRACTS, LEASES AND AGREEMENTS/FIRE AND EMERGENCY SERVICES
FISCAL AND ADMINISTRATIVE SERVICES
Commr. Swartz stated that he requested that this portion of the Consent Agenda be pulled and discussed separately, because he wanted to find out what the Board wanted to do, with regard to implementing a non-ad valorem assessment for emergency services for FY 1999/2000. He stated that some of the Board members seemed to be concerned about the methodology of collecting the fire assessment and staff needs to know the intent of the Board.
Commr. Hanson stated that she felt, with the ongoing problems the Board continues to see by using a special assessment and the hoops that the County has to jump through to keep it legal, the simplest approach is to use ad valorem taxes, as distasteful as it is to everyone. She stated that she did not feel the Board should close the door on it.
Mr. Sandy Minkoff, County Attorney, interjected that, if the County was going to move totally toward ad valorem, there would be no need to have a contract for the next fiscal year. He stated that the County would be spending money on a contract that it would not need. However, if they were going to go part ad valorem and part assessment, they would still need a contract.
Commr. Hanson stated that this was the first that she had heard that the Board might be interested in looking at anything other than an assessment.
Commr. Swartz stated that both issues have problems; however, he feels the fairest way to handle the matter is by special assessment.
A motion was made by Commr. Gerber to approve a request from Fiscal and Administrative Services for approval and execution of the Professional Services Agreement between Lake County, Government Services Group, Inc., and Nabors Giblin & Nickerson, P.A., to assist in the implementation of a non-ad valorem assessment for Emergency Services for Fiscal Year 1999/2000, at a fiscal impact of $20,000.00.
Commr. Cadwell passed the gavel to the Vice Chairman, Commr. Hanson, and seconded the motion.
Commr. Hanson stated that the last time this issue was discussed, she supported part ad valorem and part assessment; therefore, she would be supporting the request.
Commr. Swartz stated that he felt it would be appropriate to amend the scope of services, to ask the parties involved to prepare the rates and the tax roll, to give the Board whatever options they want to have, with regard to going to a public hearing, to use ad valorem taxes in part and whole. He stated that it would ensure that a public hearing will be held, at which case people will have the ability to express their feelings, with regard to the property tax method.
Commr. Hanson stated that the County was already using property taxes for fire and rescue services. She stated that, if the County were to go to ad valorem, it would take care of that whole issue.
Ms. Sue Whittle, County Manager, informed the Board that she felt, technically, it would not be necessary to amend the scope of services, since the Board sets the budget. She stated that if, in fact, the Board determined that it wanted to go, percentage wise, with one or the other, staff would just take the roll, as presented, and apply those percentages to it.
Commr. Swartz stated that the Board had discussed what would happen to commercial and industrial establishments; however, no information was presented on residential.
Commr. Hanson stated that the Board received said information, even though they did not receive it from the consultants, noting that she had asked for it, received it, and presented it to the Board.
Mr. Minkoff, County Attorney, interjected that it would not require an amendment to this contract to obtain said information, because it would just be a matter of plugging a different number into the computer and the computer would spit out the rates for each of those things. He stated that it should not require any additional monies.
The Vice-Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
OTHER BUSINESS (CONT’D.)
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Commr. Catherine Hanson as the Lake County representative to serve on an advisory committee to review the management plan for Blue Springs State Park and Hontoon Island State Park.
Commr. Swartz informed the Board that he was asked to announce that there is a public workshop on January 12, 1999, at 2:00 p.m., at the Tavares Civic Center, to inform the public of the current status of the management plan for Blue Springs State Park and Hontoon Island State Park.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Mr. Leo Vaughn as the Lake County League of Cities’ representative on the Lake County Impact Fee Evaluation and Review Committee.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
Ms. Wendy Breeden, Library Services Manager, addressed the Board and explained this request, stating that it falls in line with the new agreement, noting that one of the applicants, Ms. Anne-Marie Norman, held this seat until October 1, 1998. She stated that Ms. Norman has expressed interest in being reappointed and the Library Board is recommending that she be reappointed.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Ms. Anne-Marie Norman to the vacant At-Large Seat 3 on the Lake County Library Board.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the execution of Resolution No. 1998-196, appointing Ms. Shirley Darity, a resident actively engaged as a real estate professional in connection with affordable housing, to the Lake County Affordable Housing Advisory Committee.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Ms. Allison Thall as the Leesburg Regional Medical Center’s alternate member on the Comprehensive Health Care Committee.
ADDENDUM NO. 1
REPORTS
COUNTY ATTORNEY
BONDS/RESOLUTIONS
On a motion by Commr. Pool, 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 Resolution No. 1998-197, to ratify issuance by the Orange County Housing Finance Authority of Multifamily Mortgage Revenue Bonds for Raintree Apartments.
REPORTS
COUNTY ATTORNEY
COUNTY ATTORNEY/COUNTY MANAGER/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, noting that, in accordance with the Florida Statutes, he wanted to schedule a meeting with the Board and the County Manager, to update them, with regard to various suits affecting the County.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to meet with the Board and the County Manager, on January 19, 1999, at 11:00 a.m., in a closed session, to discuss settlement negotiations, or strategy, related to litigation expenses, regarding the following cases:
Lyon v. Lake County
Todd v. Lake County
Nollette v. Lake County
Bryant v. Lake County
Haun v. Lake County
Kittredge v. Lake County
REPORTS
COUNTY MANAGER
COMMISSIONERS/COUNTY PROPERTY
Ms. Sue Whittle, County Manager, distributed to the Board an itinerary, regarding a tour that Board members are to take of properties in Lake County, on January 14, 1999, consisting of the Fairgrounds/Farmers Market property, property in South Tavares/Lake Idamere, the Mission Inn, and the Industrial Park. She noted that the public and the press would be invited to attend.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved said itinerary.
REPORTS
COUNTY MANAGER
COUNTY EMPLOYEES
Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that she had received her last chemotherapy treatment and, hopefully, it will be downhill from this point on. She thanked the Board for their support, during her treatments.
REPORTS
COMMISSIONER GERBER - DISTRICT NO. 1
COMMISSIONERS
Commr. Gerber stated that she would like to thank all those individuals who sent her their best wishes for her brother, who had been in an accident the week prior to this meeting. She noted that he was doing fine.
REPORTS
COMMISSIONER GERBER - DISTRICT NO. 1
PUBLIC HEALTH
Commr. Gerber questioned whether the Board would be interested in sending donations to the Lawton and Rhea Chiles Center for Healthy Mothers and Babies.
Commr. Cadwell stated that he felt the Commissioners should do it individually, if they so choose.
REPORTS
COMMISSIONER POOL - DISTRICT NO. 2
FIRE AND EMERGENCY SERVICES/MUNICIPALITIES
Commr. Pool stated that he wanted to thank all those individuals who participated in the recent Clean Up Montverde Day for their help and support, and the City of Montverde Fire Department, for their help in putting out a fire that occurred that evening. He stated that the clean up was successful, however, noted a concern about the fact that the County fire truck would not run that night. He stated that he feels the matter needs to be addressed - that the trucks need to be kept in running condition.
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
MISCELLANEOUS
Commr. Hanson informed the Board, for informational purposes, that a United Way Celebration is scheduled to take place Thursday evening, December 17, 1998, at the Villages in Lady Lake.
REPORTS
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5
CONSTITUTIONAL OFFICERS/COUNTY EMPLOYEES
Commr. Cadwell informed the Board, for informational purposes, that he was asked to talk to the Constitutional Officers about the possibility of having all County offices close for the Christmas holiday. He stated that he did so and that they agreed to close all county offices Christmas Eve, however, would be open for business New Year’s Eve.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:05 p.m.
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WELTON G. CADWELL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK