The Lake County Board of County Commissioners met in regular session on Tuesday, April 20, 1999, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chair; Robert A. Pool; Rhonda H. Gerber; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
It was noted that a published Addendum No. 1 had been added to the agenda.
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the agenda, under Reports, discussion on permitting a swimming pool in the Greater Hills Subdivision.
Ms. Sue Whittle, County Manager, informed the Board that Tab 25, the public hearing on the Animal Control Ordinance, would be rescheduled to a date after the Planning and Zoning Commission public hearing in May.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda, under Reports, discussion on permitting a swimming pool in the Greater Hills Subdivision.
Mr. Minkoff informed the Board that the tentative dates for the public hearings on the Animal Control Ordinance were May 18, 1999 and June 1, 1999.
Commr. Cadwell announced that students from various high schools in the County were participating in Student Government Day and were present at the meeting today. At this time, the Commissioners and Department Heads introduced the students that would be "shadowing" them for the day.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of March 16, 1999 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of March 23, 1999 (Regular Meeting), as presented.
CLERK OF COURT'S 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/Courts-Judges/Code Enforcement
Request for approval of Satisfaction and Release of Fines for the following:
Reduced Order of Fine for Francesco A. and Victoria V. Fraticelli, in the amount of $200.00 as payment in full, dated March 16, 1999, and recorded in Official Records Book 1698, pages 254 and 255.
Reduced Order of Fine for John F. Miller, in the amount of $500.00 as payment in full, dated March 16, 1999, and recorded in Official Records Book 1698, page 252 and 253.
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.
Request to acknowledge receipt of City of Umatilla Comprehensive Annual Financial Report dated September 30, 1998.
Request to acknowledge receipt of Country Club of Mount Dora Community Development District's Audited Financial Statements, and a copy of the Annual Financial Report for Units of Local Government for the year ended September 30, 1998.
Request to acknowledge receipt of Notice of Commission Prehearing Conference and Hearings before the Florida Public Service Commission to Lockheed Martin IMS, GTE Florida Inc., Sprint-Florida, Inc. and All Other Interested Persons; RE: Docket No. 990223-TL; Request for review of proposed numbering plan relief for the 941 area code. Notice is hereby given that a prehearing conference will be held on April 1, 1999, at 9:00 a.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida; and hearings will be held on April 8, 1999, at 10:00 a.m. and 6:00 p.m., Board of County Commission Chambers, Sarasota, Florida and on April 9, 1999, at 12:00 a.m. and 6:00 p.m., Radisson Inn, Fort Myers, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 16, approval to advertise Vacation Petition No. 893 by Ronald and Mei Moss, Representative Cecelia Bonifay, to vacate road (portion of Umatilla Road #5-8047), Section 5, Township 18S, Range 26E, Umatilla area, be withdrawn from the Consent Agenda and placed under the County Manager's Departmental Business for discussion.
Commr. Gerber expressed her support of the Municipal Recycler of the Year Program, under Tab 21, and stated that the program would be a good incentive for the municipalities.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 16:
Accounts Allowed/County Property
Request for approval to execute the change order to Doug Ross Construction and Odell and Associates for an increase in the scope of services for the renovation/addition of the Public Works building and on the Tavares campus in the amount of $108,560.79. This action will increase the total project cost to $2,054,684.02.
Accounts Allowed/Budget Transfers/Road Projects
Request for approval of transfer of funds to the County Transportation Trust Fund, Public Works Department, Road Material and Supplies, in the amount of $69,100.00, and Buildings, in the amount of $24,835.00, from Machinery and Equipment, in the amount $93,935.00, to expend funds for the paving of Phil C. Peters Road which will be performed by Orange County. Also, additional funds are needed to enclose the Traffic Operations building ($15,000.00 was originally approved during the FY 99 budget process).
Accounts Allowed/Resolutions/Law Enforcement
Request for approval of Resolution No. 1999-62 to receive unanticipated revenue, in the amount of $275,982.00, to the Law Enforcement Trust Fund from confiscated property as a result of an undercover investigation by the Lake County Sheriff's Office. The amount of $30,000.00 is to be placed in Other Current Charges, the amount of $45,000.00 is to be placed in Operating Supplies, and the amount of $201,982.00 is to be placed in Machinery and Equipment.
Accounts Allowed/Insurance/Risk Management
Request for approval and authorization for the chairperson to sign the Questionnaire for Railroad Protective Operations (insurance application) for renewal of the current insurance policy, which expires on May 2, 1999, to continue operation of signal coordination for railroad preemption gates and traffic signal at Old Highway 441 and Bay Road, Tavares, in the amount of $4,500.00.
Contracts, Leases & Agreements/Subdivisions
Request for approval to accept and execute an agreement between Lake County and Dale J. Ladd, Trustee, for the issuance of six building permits on Lots 4, 5, 13, 14, 31 and 38 in the Louisa Pointe Subdivision prior to the acceptance and recordation of the final plat - subdivision consists of 40 lots - Commissioner District 2.
Accounts Allowed/County Employees/Personnel
Request for approval of the addition of one Technician/Web Publisher, Pay Grade 0015, in the Department of Fiscal and Administrative Services, Computer Services Division, in the amount of $21,815.00 for the remainder of FY 98/99.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of one Non-Exclusive Easement Deed, two Statutory Quitclaim Deeds and one Statutory Warranty Deed, as follows:
Non-Exclusive Easement Deed:
Stringfellow, Judson W.
East Jacks Lake
Stringfellow, Jayson A.
Statutory Quitclaim Deeds:
The First Church of the Nazarene of Clermont, Inc.
Grand Highway/Mohawk Road (#2-1445)
Ireland, Susan M.
Oil Well Road (#2-0222)
Statutory Warranty Deed:
Martinez De Castro, George O. & Marcia L.
Keene Road (#5-8165)
Accounts Allowed/Contracts, Leases & Agreements/Roads-County & State
Request for approval of amended agreement to incorporate left and right turn lanes at the intersection of East Jacks Lake Road/Mohawk Road and at the intersection of East Jacks Lake Road/Northridge Boulevard, at an additional cost of $346,186.91. The total cost of the improvements with the additional items will be $929,364.91 ($571,186.91 cash payment, $358,178.00 impact fee credit).
Request for authorization to accept the final plat for Highland Reserve Subdivision - subdivision consists of six lots on CR-455, and is located in Section 17, Township 21 South, Range 26 east - Commissioner District 2.
Request for authorization to accept the final plat of Silver Glen Replat - subdivision is a replat of lots 1 through 9 of Silver Glen, and is located in Section 12, Township 23 South, Range 25 east - Commissioner District 2.
Accounts Allowed/Bids/Road Projects
Request for approval to execute Change Order Number 1 to CR-455 Widening and Resurfacing Project No. 8-98, Bid No. 98-116, to install an additional pipe and other work in the surrounding area, in the amount of $32,101.00 from the Road Impact Fee Fund - Benefit District 5 - Commissioner District 2.
Assessments/Resolutions/Roads-County & State/Road Projects
Request for approval to execute Resolution No. 1999-63 for Special Assessment Project No. SA-88 accepting Spruce Drive (#4-7897G), Beach Road (#4-7897H), and Pinecrest Road (#4-7997B) into the County Road Maintenance System.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval to award Merry Road Extension (Central) Project No. 7-99, Bid No. 99-080, to Art Walker Construction, Inc., in the amount of $747,486.58; and to encumber and expend funds, in the amount of $528,265.58, from the Road Impact Fee Fund; and to encumber and expend funds, in the amount of $219,221.00, from the Transportation Trust Fund - Benefit District 2 - Commissioner District 3.
Request for approval and authorization for the Chairman to execute satisfaction of liens for six road assessments, as follows:
Name Assessment # Amount
Sue Tipton 668012 $1,930.95
John C. Bradley 677027 $1,523.05
Lori L. Cortes 679012 $687.58
Terri Jo Romaine 682016 $4,783.86
Douglas J. & Cherie L. Auriemma 685017 $2,359.45
Danny & Pamela J. Ferguson 687026 $2,153.46
Rights-of-Way, Roads & Easements/Road Closings
Request for approval of Resolution No. 1999-75 to advertise Vacation Petition No. 894 by Anna Carty, Representative Barbara L. Johnson, to vacate right-of-way, Section 11, Township 18S, Range 26E, Umatilla area - Commissioner District 5.
Request for approval of Resolution No. 1999-76 to advertise Vacation Petition No. 895 by D.R. Horton, Inc., to vacate utility easement, Woodridge Phase II, Section 25, Township 24S, Range 26E, between CR 474 and Polk County Line - Commissioner District 2.
Request for approval of Resolution No. 1999-77 to advertise Vacation Petition No. 896 by Ila P. Thompson, Representative Debbie Stivender, to vacate utility easements, Orange Blossom Gardens, Section 7, Township 18S, Range 24E, Lady Lake area - Commissioner District 5.
Request for approval of Resolution No. 1999-78 to advertise Vacation Petition No. 897 by Lake County Public Works, Jim Stivender, Jr., to vacate drainage easement, Section 2, Township 18S, Range 26E, Umatilla area - Commissioner District 5.
Request for approval of the Municipal Recycler of the Year Program and approval of Proclamation No. 1999-64 designating the Recycler of the Year.
Request for approval of Proclamation No. 1999-65 proclaiming May 3 through 9, 1999, as Tourism Week in Lake County.
Request for approval of Resolution No. 1999-66 supporting the NCAA Women's Division II and III Golf Championships to be held May 12 through 15, 1999 at the Mission Inn Golf and Tennis Resort.
PERSONAL APPEARANCES/PUBLIC HEARINGS
Mr. Sandy Minkoff, County Attorney, informed the Board that the Animal Control Ordinance would be readvertised for a public hearing on May 18, 1999 at 9:00 a.m.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to postpone the Animal Control Ordinance until May 18, 1999 at 9:00 a.m. or as soon thereafter.
Commr. Swartz requested that staff inform the Animal Control Study Committee that the Animal Control Ordinance Public Hearing has been scheduled on May 18, 1999.
Mr. John Vodenicker, Ernst & Young LLP, appeared before the Board to present the Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30, 1998. It was noted that Mr. Mike Murphy, Audit Manager, was present to assist in the presentation. Mr. Vodenicker referred to page 27 of the Comprehensive Report and read, for the record, the opinion paragraph from the Report of Independent Auditors, as follows: "In our opinion, the financial position of Lake County, Florida, at September 30, 1998, and the results of its operations and cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles." He explained that the report also provides a disclosure that Ernst & Young cannot express an opinion that Lake County is Year 2000 compliant until Year 2000 has occurred. At this time, the Report to the Board of County Commissioners, dated April 20, 1999, was distributed to the Board. Mr. Vodenicker reviewed Page 2, Significant Accounting Policies, and noted that Lake County has met the disclosure requirements of GASB Technical Bulletin No. 98-1, as amended, which requires disclosure of Year 2000 issues. At this time, he reviewed Page 6, Balance Sheets, and noted that Long Term Liabilities was reduced by $4,625,000 over last year, the Reserved Fund Balance had an increase of $3,020,000, and the Unreserved Fund Balance had an increase of $3,478,000 over last year. He reviewed Page 10, Landfill Enterprise Fund, and noted that said fund had a net income of $679,000. He reviewed Page 19, a graph illustrating how Lake County's days fund balance meets total expenditures in comparison to other counties, and stated that Lake County has a good fund balance to meet future expenditures.
Mr. Vodenicker discussed Year 2000 issues and stated that Lake County has identified all of the systems that need to be addressed to implement a Year 2000 compliant system. He stated that the major focus this year was asking management to develop a contingency plan for addressing failures that may occur.
At this time, Ms. Barbara Lehman, Chief Deputy Clerk, County Finance Department, recognized the following staff members: Mr. Neil Kelly, Senior Chief Deputy Clerk; Mr. Brent Holladay, Chief Deputy, Courts Management; Mr. Kevin McDonald, Senior Budget Analyst; Ms. Kristy Mullane, Senior Budget Analyst; Ms. Vicki Tubb, Finance Clerk; Ms. Louise Kicklighter, Systems Administrator and Ms. Donna Collins, Accounting Director (Ms. Collins was not present).
Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, appeared before the Board to present the Mid-Year Budget Amendment and directed the Board's attention to the Mid-Year Budget Amendment booklet which had been distributed prior to the discussion this date. She noted that the summary page indicates adjustments in the amount of $7,266,648. She directed the Board's attention to the County Manager's Address, page iii, and discussed the General Fund Adjustments to the Contingency/Reserve Accounts and explained that $552,440, representing the excess Ad Valorem over the rolled back rate, has been added to an existing $100,000 reserve for future capital projects for a total of $652,440 pursuant to guidelines set forth by the Commissioners. She reviewed the General Fund Adjustments to Special Reserves and explained that $379,072 represents new dollars to the Special Reserve for Fiscal Year 1999. She reviewed General Fund Adjustments to Contingency and explained that adjustments have been made for two (2) Code Enforcement Officers, County Web Page and Revised estimates for Court Costs which decreases the General Fund Contingency by $261,862.
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to review the County Transportation Trust Fund - Fund 112 and discussed reductions in the Special Assessments for road projects. He stated that the current budget for roads has been adjusted from $1,584,000 to $700,000, and the Contingency has been adjusted from $378,687 to $168,687.
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. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-67 adopting a supplemental budget for Fiscal Year 1998/99.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to present questions, comments or concerns to the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
RIGHTS-OF-WAY, ROADS & EASEMENTS/ROAD CLOSINGS
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented the request for approval to advertise Vacation Petition No. 893 by Ronald and Mei Moss to vacate road, Section 5, Township 18S, Range 26E, and explained that the issues pertaining to this road closing are associated with a zoning case. He displayed on the monitor a map illustrating the location of Umatilla Road and Ocala Road and noted the portion which was being requested to be vacated. He explained that the portion of Ocala Road located within Lake County was a County maintained road and that Umatilla Road was a County maintained clay road.
Commr. Cadwell stated that he has no problems advertising Vacation Petition No. 893, however, cautioned that the actions be in the proper order. He suggested that the Road Vacation be heard on the same day as the rezoning.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing Ronald and Mei Moss and Florida Rock Industries, Inc., appeared before the Board and stated that they have requested a thirty (30) day postponement of the Florida Rock Industries, Inc. Mining Site Plan Application so that the mining site plan could be heard on the same day as Vacation Petition No. 893. She stated that she has advised Ms. Sharon Farrell, Senior Director, Department of Growth Management, that this would be a lengthy public hearing and, therefore, the Board might want to consider a Times Certain. She stated that the mining site plan has been scheduled to be heard on May 25, 1999.
Mr. Sandy Minkoff, County Attorney, clarified that the zoning issue was a quasi judicial hearing and the Road Vacation was a legislative hearing. He explained that the hearings could be combined, however, the types of evidence that are applicable on the road vacation may not be allowable evidence on the rezoning case and, therefore, would need to be separated.
Ms. Bonifay stated that the outcome of the road vacation could have an effect on Florida Rock Industries' mining site plan as it has been submitted. She stated that there will be an overlap of evidence, and it will be difficult to differentiate the two cases because they are interrelated. She suggested that the Board move forward first with the mining site plan application, because there will be information that comes up that will be dealing with the road vacation, and asked that the Board consider advertising Vacation Petition No. 893 on the same day as the mining site plan rezoning.
Ms. Leslie Campione, Attorney representing a number of individuals who own property in the Dream Lake Poultry Ranches Plat, appeared before the Board and stated that she would be agreeable to advertising a public hearing on May 25, 1999, at a Times Certain, for Vacation Petition No. 893. She stated, for the record, that she would ask that the Board consider moving forward with the road vacation prior to the mining site plan quasi judicial hearing. At this time, she submitted to the County Attorney a memorandum of law on the issue of the road vacation and explained that the reason for submitting the memorandum of law at this time was to allow all those involved adequate time to review the information and be prepare to discuss it.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to advertise Vacation Petition No. 893 by Ronald and Mei Moss, Representative Cecelia Bonifay, to vacate road (portion of Umatilla Road #5-8047), Section 5, Township 18S, 26E, Umatilla area to a Times Certain on May 25, 1999 - Commissioner District 5 - Resolution No. 1999-74.
RECESS & REASSEMBLY
At 9:50 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:00 a.m.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-68 appointing Ben Perry, Leesburg City Commissioner, to the Tourist Development Council to fill an unexpired term ending December 1, 2002 in the category of Group 2, elected representative of governmental units.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Gerald M. Wayne, as a representative from the retirement community, on the Citizen Transportation Advisory Committee.
Commr. Hanson directed Ms. Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office, to write a letter to the Board of Realtors notifying them of the vacant position on the Citizen Transportation Advisory Committee in the category of one representative from the real estate field.
CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY
Mr. Sandy Minkoff, County Attorney, briefly discussed the Real Estate Listing Agreement for the sale of property in Fruitland Park in the Special Master Settlement Agreement with Donald and Carliss Watson. He stated that direction was needed from the Board on whether to list the property with the current realtor, Inland Realty, or to select another realtor.
Commr. Gerber suggested that the property be listed with Neil Fischer Realty and stated that she does not support auctioning the property. At this time, the Board discussed the history of the property and possible uses for the property.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request to approve a Real Estate Listing Agreement with Neil Fischer Realty for sale of property through a Special Master Settlement Agreement with Donald and Carliss Watson.
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of a Special Master Agreement between Lake County, Donald R. Jones and Brenda Jones, and Scott A. Gerken, Special Master, to retain Scott A. Gerken as Special Master in Case No. SM-2-99.
Commr. Cadwell presented the request for approval to advertise an Ordinance creating Article XI of Chapter 13, Lake County Code, to be entitled Merchandising of Tobacco Products, and noted that this was an issue that was brought forward by the Lake County Students Working Against Tobacco (SWAT). At this time, Commr. Cadwell presented a video titled "Tobacco Industry Targeting Minors" which was shown on CBS Evening News - Eye on America.
Ms. Claire Souliere, Assistant Nursing Director, Health Department, appeared before the Board and commended the SWAT Team for promoting anti-tobacco activities and programs and stated that a decrease could be seen in the attitudes of Lake County's youth toward the use of tobacco products. She stated that it was important that we continue to support our children and their activities and expressed her appreciation to the Board for bringing forward the Ordinance addressing the merchandising of tobacco products.
Mr. Sandy Minkoff, County Attorney, stated that there was no prohibition on either state or federal law to adopt an ordinance of this type. He explained that the ordinance creates Section 13-272 of the code which prohibits any person, business, tobacco retailer or other establishment that sells tobacco to display for sale any tobacco products by means of self-service merchandising. He stated that Section 13-273 states that the provisions of the ordinance shall be enforced by the Lake County Code Enforcement Board as opposed to the Lake County Sheriff's Department because, in most cases, the clerk in the store may not have the ability to change the way the tobacco products are displayed, and the store owner or operation of the establishment would be better reached by Code Enforcement than the individual working in the establishment.
Commr. Hanson questioned if Code Enforcement could also monitor the alcohol warnings that have been posted, at which time, Mr. Minkoff responded that, from the legal perspective, Code Enforcement Boards can and do statewide enforce all of the codes of the County.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve a request for approval to advertise an ordinance creating Article XI of Chapter 13, Lake County Code, to be entitled Merchandising of Tobacco Products.
Commr. Swartz questioned if this ordinance only pertains to the unincorporated area of the County.
Mr. Minkoff responded that the ordinance was only in the unincorporated area of Lake County; however, he stated that he has discussed this issue, as well as the adult entertainment issue, with Ms. Sue Whittle, County Manager, and staff will be sending the ordinances to all of the city attorneys for their review and support and possible adoption by the municipalities.
Commr. Pool encouraged the students to visit each community and encourage the municipalities to adopt a similar ordinance.
The Chairman called for a vote on the motion which carried unanimously by a 5 - 0 vote.
Mr. Sandy Minkoff, County Attorney, informed the Board of an issue involving a property owner at 15811 Oakland Court, Greater Hills Subdivision, who has contracted with a pool company to build a swimming pool. He explained that at the time of permitting the property owners discovered that there was a 25 foot rear setback in their backyard which would impact and prohibit the pool from being built. He stated that staff has been dealing with this issue since the early stages of the Greater Hills Subdivision and explained that several years ago swimming pools were allowed without regard to the 25 foot setback requirement. He noted that currently staff was working on a solution for all of the lots in the Greater Hills Subdivision. He stated that staff was requesting permission to discuss with the Board allowing the property owners to proceed with their swimming pool while the legal mechanisms are put in place to protect the other lots.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and explained that there was a Special Master in progress to amend the 1987 ordinance which requires a 25 foot setback, however, does not address swimming pools. She stated that at some point in 1993-1994 there was an administrative determination that a swimming pool, as an accessory structure, could go up to the five (5) foot setback. She stated that variances have gone through at fifteen (15) feet and nineteen (19) feet from the rear yard property line and that the property owner at 15811 Oakland Court needs a four (4) foot variance. She noted that, if the Special Master did not work out, the property owners have the option of going to the Board of Adjustment for approval. She noted that two cases were granted approval by the Board of Adjustment in March.
Mr. Minkoff stated that through the Special Master process the County contemplates that the property owners in the Greater Hills Subdivision will acknowledge that they were not aware that pools were subject to the 25 foot setback, and the County will propose an amendment that will allow pools to meet a designated setback. He stated that staff was powerless to help this property owner, and the Special Master was the only way for the Board to provide immediate relief to the property owner.
Commr. Swartz requested clarification that staff was suggesting that the appropriate way to help this property owner was through a method of evaluating the ordinance as it is written today, indicating that said ordinance was unclear and that a clarification would be made to the ordinance, and that the County Manager, through her ability to review, would make a determination. Ms. Farrell responded yes.
Commr. Gerber questioned why the swimming pool does not meet the definition of an accessory structure, to which Ms. Farrell explained that the ordinance does not reference accessory structures. She further explained that there has been debate over the years whether a swimming pool should be at the five (5) foot setback or at a greater setback.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board directed the County Manager to administratively handle the issues pertaining to installation of a swimming pool on property located at 15811 Oakland Court, Greater Hills Subdivision, until the issue is settled.
ADDENDUM NO. 1
Mr. Sandy Minkoff, County Attorney, requested that the Board consider scheduling a closed session to discuss negotiation of the contract with the fire fighters union and explained that the negotiating sessions between the County team and the union would be public meetings; however, the sessions where the Board directs the negotiating team on what positions to take would be closed meetings.
Commr. Gerber stated that she would not be present at the May 11, 1999 meeting.
Ms. Sue Whittle, County Manager, discussed the meeting schedule for the month of May, and it was the decision of the Board to cancel the May 11, 1999 Regular Meeting and to place the agenda items on the May 4 and May 18, 1999 Regular Meetings.
Mr. Minkoff stated that he has provided the Commissioners with copies of a letter received from Mr. Bob McKee, Tax Collector, as well as a copy of a letter from the Tax Collector's attorney addressed to the Lake County School Board for their review. COMMISSIONER GERBER - DISTRICT NO. 1
MEETINGS/LAKE COUNTY WATER AUTHORITY
Commr. Swartz declared a Conflict of Interest on this issue. At 10:40 a.m., Commr. Swartz departed the meeting. A conflict of interest form was filed with the Clerk's Office.
Commr. Gerber brought up for discussion the request for approval for the Lake County Board of County Commissioners to initiate a meeting to move forward in a direction which would merge the Board of County Commissioners and the Lake County Water Authority.
Commr. Cadwell informed the Board that he has received a phone call from Senator Anna Cowin who has expressed concern over the timeliness of this issue and how she was portrayed in this issue. He stated that the Legislative Delegation has voted 7 - 1 to move forward on this issue and, as head of the delegation, Senator Cowin was obligated to take this issue forward.
Commr. Gerber stated that, in light of the fact that the County has no mechanisms in place to purchase land for preservation, conservation or any other reason, it was her opinion that it will be difficult for Lake County to ever be able to purchase land as long as the Water Authority has dedicated millage to purchase land acquisitions. She stated that she would like to open discussions this summer with the St. Johns River Water Management District, Lake County Water Authority and the Legislative Delegation for the purpose of discussing the future and focus of the Lake County Water Authority.
Commr. Pool stated that he wants to insure that the Lake County Water Authority is taking care of water clarity and stormwater management in lieu of land acquisitions, and he would support discussion on this issue.
Commr. Hanson stated that two (2) years ago she discussed with the Lake County Water Authority working more closely with the Board and using funds for stormwater management. She stated that stormwater management should be a priority if Lake County was going to continue to pollute our lakes through stormwater runoff. She noted that she received no support from the Lake County Water Authority at that time. She further stated that the Lake County Water Authority should be an elected position making them responsive to the people in Lake County.
Commr. Pool stated that a meeting was necessary this summer to talk about matters of concern regardless of actions taken by the Legislature in Tallahassee.
Commr. Gerber stated that, if the Legislature passes a bill making the Lake County Water Authority an elected body, she sees no purpose in meeting this summer to discuss the Water Authority's future.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved a request to initiate a meeting over the summer with the St. Johns River Water Management District, Lake County Water Authority, and the Legislative Delegation for the purpose of discussing the makeup and focus of the Lake County Water Authority.
Commr. Swartz was not present for the discussion or vote due to a declared Conflict of Interest.
At 10:50 a.m., Commr. Swartz returned to the meeting.
COMMISSIONER POOL - DISTRICT NO. 2
Commr. Pool congratulated and expressed his appreciation to County staff and the youth of Lake County who participated in the Lake County Fair.
ADDENDUM NO. 1 (CONTINUED)
COMMISSIONER SWARTZ - DISTRICT NO. 3
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Proclamation No. 1999-70 proclaiming the week of April 25 as Victims Rights Week and supporting the State Attorney's "Victims Voice '99" scheduled for April 30, 1999 at the Lake County Judicial Center.
COMMISSIONER HANSON - DISTRICT NO. 4
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Proclamation No. 1999-69 declaring 1999 as Sprint's 100th Anniversary Year and recognizing the contributions that Sprint has made to the telecommunications industry, to the communities it serves and to its customers.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:55 a.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK