A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 26 , 1999

The Lake County Board of County Commissioners met in regular session on Tuesday, October 26, 1999, 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; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

It was noted that an Addendum No. 1 had been added to the agenda.

Ms. Sue Whittle, County Manager, requested that Tab 5, the Space Study Work Session, be postponed until a later date. She further requested that discussion on the Department of Community Affairs Survey on Growth Management Reform be added to the agenda.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Suits Affecting the County/Economic Development

Request for approval to initiate litigation against Diversified Reproductions to recover monies given through the Jobs Growth Investment Trust Fund.



Accounts Allowed/County Property/Procurement Services



Request for approval of Change Order No. 4 to Boykin Enterprises, Inc. for an increase in scope of services for Christopher C. Ford Central Park totaling $8,452.15.



ADDENDUM NO. 1



COUNTY MANAGER'S CONSENT AGENDA



Request for authorization to accept the final plat for Clar-Mart Phase Two Subdivision and a conservation easement deed. Subdivision consists of 36 lots - Commissioner District 4.



PERSONAL APPEARANCES/PUBLIC HEARINGS



PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 911 - DORIS BAKER - TAVARES AREA

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented Petition No. 911, a request by Doris Baker to vacate road in the Rod 'N Reel Club, Section 25, Township 19S, Range 25E, in the Tavares Area. He presented a plat and noted the location of the parcel in question. He stated that staff was recommending approval to vacate the road.



At this time, Commr. Cadwell opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

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. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-185, Petition No. 911 by Doris Baker to vacate road, Rod 'N Reel Club, Section 25, Township 19S, Range 25E, Tavares Area - Commissioner District 3.

PUBLIC HEARINGS

ASTOR/ASTOR PARK WASTEWATER

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented the discussion on the enforcement of mandatory hookup to the Astor-Astor Park wastewater system and provided a brief overview of the history of the Astor-Astor Park wastewater project. He explained that the Astor-Astor Park Water Association has been pursuing and design permitting the construction of a regional wastewater treatment system for several years, and Lake County has been working with the Astor-Astor Park Water Association to assist and secure funding for the project. He stated that the request by the Lake County Legislative Delegation in 1998 for support of the project has resulted in a $1,000,000 grant and other funding sources to-date have been a Rural Development Loan, in the amount of $2,000,000; Rural Development Grants, in the amount of $2,000,000; an Economic Development Grant, in the amount of $1,000,000; and the Astor-Astor Park Water Association, in the amount of $750,000, for a total of $6,750,000 for the project. He explained that the guarantee customer base resulting from enforcement of the mandatory hookup requirement in the Lake County Comprehensive Plan was needed to assure the successful completion of this project.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Mr. William Chandler, Astor-Astor Park Water Association, appeared before the Board in support of the enforcement of mandatory hookup to the Astor-Astor Park wastewater treatment system and introduced Mr. Gayle E. Pennington.

Mr. Gayle E. Pennington, Astor-Astor Park Water Association, appeared before the Board in support of the enforcement of mandatory hookup to the Astor-Astor Park treatment system and introduced Mr. Curtis Lucas, a member of the Astor-Astor Park Water Association.

Mr. Curtis Lucas, Astor-Astor Park Water Association, appeared before the Board in support of the enforcement of mandatory hookup to the Astor-Astor Park wastewater treatment system and read a statement, dated October 26, 1999, discussing the history of sewage disposal in the Astor area and the pristine environment of the area. He stated that the lifestyle and enjoyment of Astor's residents and visitors has centered around the St. Johns River and the Ocala National Forest, and we cannot afford to have such national treasures become challenged by contamination from our own hands. He stated that sensitive environmental protection of our great land should be a top priority so that future generations can enjoy this majestic area.

Ms. Reva Cunningham, owner of Parramore's Campground, appeared before the Board in support of the enforcement of mandatory hookup to the Astor-Astor Park wastewater treatment system and stated that she operates a 12,000 gallon a day wastewater treatment plant which serves up to 500 people at peak season. She briefly discussed the wastewater treatment plant. She stated that she allows people to dump in the wastewater treatment plant to prevent them from dumping sewage in the ditches along side of the roadway. She stated that it was very important that Astor/Astor Park acquires the water treatment system.

Mr. Ray Lucas, a life long resident of Astor and member of the Astor-Astor Park Water Association, appeared before the Board in support of the enforcement of mandatory hookup to the Astor-Astor Park wastewater treatment system. He directed his comments to the Astor residents and the Board of County Commissioners. He stated that there has been opposition to many of the projects in the Astor area in the past; however, in time these projects have proved to be valuable to the property owner's property, health and well being. At this time, the Board acknowledged the Astor-Astor Park Water Association Board of Directors who were present in the audience.

Mr. Oscar Taylor, a resident of Astor Forest Campsites, appeared before the Board in support of the Astor-Astor Park wastewater treatment system; however, expressed concern that the consumer would be responsible for paying for the electricity to run the plant. He asked if the County Attorney knew of any case law that indicates that the consumer has to pay the power to operate any facility in a sewage system.

Mr. Sandy Minkoff, County Attorney, responded that there were many circumstances in Lake County, usually in commercial projects, where the consumer was responsible for paying for the electricity to run the system. He stated that it was very common for the actual pumps to be operated by the consumer.

Mr. Taylor questioned how the County could mandate that the residents tie into a system when the eventual cost on a monthly basis was unknown. He discussed similar systems in other areas of the country and stated that he has not been able to find any case law in any state that mandates that the consumer has to pay for power to operate the facility. He requested that the County also mandate that the septic tanks be left in tact for at least 12 to 18 months to make sure that the water treatment system was a workable system. He stated that the Board must always remember that all public funds come from the same source, our tax dollars, and to imply that a project funded by federal or state funds at a no cost deal for the local residents was ludicrous.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Hanson commended the Astor-Astor Park Water Association for their efforts and stated that this was a great opportunity for a public private partnership. She stated that the community has an opportunity to operate the wastewater treatment system much more efficiently and cost effective than could the County or a private for profit company. She stated that it may be difficult to prove what the environmental impact has been to the St. Johns River with out the wastewater treatment system; however, we do know that there has been a negative impact, which was the major reason why funds have been secured from the state and federal level. She stated that a study done earlier in this decade designated the Astor-Astor Park area as one of the areas that would need a sewage system in the near future.

Commr. Cadwell stated, for the record, that letters have been received from Jeannette A. Miller and Frank and Elaine Persons in support of this request, and he distributed a copy of said letters.

Commr. Swartz responded to the question presented by Mr. Taylor in regard to the County's authority to require the mandatory hookups and explained that this was clearly a case of public health, safety and welfare, and the County has the constitutional authority to enforce mandatory hookup to the wastewater treatment system. He stated that, in regard to the cost, the County must weigh what the costs were against the continuing cost of the damage to the St. Johns River and the environment and those people who live there. He stated that the Astor-Astor Park Water Association will continue to work hard to obtain grants which will reduce the cost dramatically.

In response to a question presented by Commr. Gerber regarding enforcement and the costs associated with enforcement, Mr. Minkoff stated that Code Enforcement would be used, if necessary, to enforce the mandatory hookups.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to move forward with the enforcement of mandatory hookups to the Astor-Astor Park wastewater treatment system.

RECESS & REASSEMBLY

At 9:35 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 9:45 a.m.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/GRANTS/TRANSPORTATION

CONTRACTS, LEASES AND AGREEMENTS

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented the request for approval of the Grant Agreement between the Lake County Board of County Commissioners and LifeStream Behavioral Center, Ind. d/b/a Lake County Transit for a one-year period from October 1, 1999 through September 30, 2000.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Grant Agreement between the Lake County Board of County Commissioners and LifeStream Behavioral Center, Ind. d/b/a Lake County Transit for a one-year period from October 1, 1999 through September 30, 2000. The County's obligation is to pay $31,462.00 for non-sponsored trips of transportation disadvantaged residents and $27,000.00 for capital investment in the form of equipment purchases. The total County match is $58,462.00.

ADDENDUM NO. 1 (CONTINUED)

ACCOUNTS ALLOWED/RESOLUTIONS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, presented the request for approval of a resolution endorsing the Lake County application for Transportation Fast Track Projects Funding. He explained that the application would be submitted to the State of Florida Department of Transportation, in the amount of $30,599,000, which would cover a list of top priority road projects that deal with business and transportation in Lake County. At this time, Mr. Stivender briefly discussed the Fast Track Transportation Projects, as listed on the Summary Table For Fast Track Economic Growth Transportation Initiative Funds Application.

Mr. Stivender provided a brief update on the widening of S.R. 46 and stated that the Planning Environmental Management Office (PLEMO) study has been completed with a recommendation to move forward with a Project Development and Environmental (PD & E) study from U.S. 441 to I-4 for design purposes.

Commr. Swartz suggested that the Chairman send a letter to the Orange County Chairman requesting that Lake County be included in the planning of roads through Lake County. He stated that there needs to be a recognition that there will be an increase in wildlife fatalities by the increased traffic with the widening S.R. 46. He stated that he would continue to be opposed to roads that are designed to come through Lake County primarily to relieve the traffic conditions in Orange and Seminole Counties.

Mr. Stivender responded that the increase in fatalities to wildlife has been discussed and will be included in the package that will go forward with the P D & E study. He stated that staff was monitoring the environmental impact of the widening of S.R. 46.

In response to a question presented by Commr. Gerber, Mr. Stivender stated that the sidewalk improvements on Radio Road from Lake Square Mall to Treadway School Road would not qualify as a top priority road project for the Fast Track Project; however, the sidewalk project was included in the five year plan that has not been funded for this year. He stated that staff was working on an unfunded program for road projects that do not fall under impact fees or gas tax funds. He further indicated that he would be discussing the MPO (Metropolitan Planning Organization) issue with the Board at a future retreat in Year 2000.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-186 endorsing Fast Track Project Funding for Lake County in a revenue amount of $30,599,000.

ZONING

PUBLIC HEARINGS - REZONINGS

It was noted that the following staff members were present for the rezoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; and Mr. James N. Smith, Director, Division of Planning and Development Services.

MONTVERDE SMALL AREA STUDY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and explained that Growth Management has received a PUD (Planned Unit Development) rezoning request for a 1,400 acre mixed-use project on Lake Apopka in the Montverde area, and the applicant was proposing to develop 799 units or one unit less than a DRI (Development of Regional Impact). She stated that staff has been discussing concerns with the applicant about the project's possible positive/negative impacts on the area, with emphasis on Lake Apopka, roads, and the need for central water/wastewater services in the Montverde area. She explained that staff and the applicant have agreed that a small area study would be appropriate in order to adequately address impacts, to explore alternative development scenarios, and to determine if the project could be integrated into an overall development plan for the Montverde area. She stated that the applicant has agreed to reimburse the County for the small area study, and the study would be performed by the County's on-call planning consultant. She stated that the applicant understands that the small area study will be objective, and will analyze several alternative development plans for the area including the applicant's, and the process will encourage input from concerned citizens and from local, regional, and state planning/regulatory agencies.

Commr. Pool made a motion, which was seconded by Commr. Hanson, to place the request for approval of a small area study in the Montverde area on the agenda for discussion.

Commr. Swartz stated that he was opposed to placing this request on the agenda until the goals, objectives, and specifics of the small area study in the Montverde area are provided to the Board.

Ms. Farrell stated that she could bring back the scope of services for the small area study for Board approval.

The Chairman called for a vote on the motion which carried by a 4 - 1 vote.

Commr. Swartz voted in opposition.

Commr. Cadwell stated that a small area study performed by the County's on-call planning consultant was the appropriate step to take, and noted that the applicant has agreed to reimburse the County for the study.

Ms. Farrell explained that the purpose of the small area study was to take a comprehensive look at the whole area and to take into consideration the concerns of Montverde, Clermont, and Minneola; the state and local focus on Lake Apopka; the level of service on the roadways; and the typical scope of services for a small area study.

Commr. Swartz questioned why this item has not been placed on the agenda as a regular agenda item with backup information.

Ms. Farrell explained that staff has postponed the application for the PUD, and the developer has agreed to the small area study as opposed to going through the standard process of a PUD or a DRI.

Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve a small area study in the Montverde area to be reimbursed by an applicant of a PUD rezoning request for a 1,400 acre mixed-use project on Lake Apopka.

Commr. Cadwell stated that this proposal was a step forward and was community based planning providing the residents with the opportunity to be involved in the development of the area for the future.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted in opposition.

PETITION NO. PH#45-99-1 A TO R-2 CYNTHIA BELL

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to R-2 (Estate Residential) for single family residential and low intensity agricultural uses in the Leesburg area. She stated that staff was recommending approval to rezone from A (Agriculture) to R-2 (Estate Residential), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Gerber, 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. 1999-101, a request from Cynthia Bell, Petition No. PH#45-99-1 to rezone from A (Agriculture) to R-2 (Estate Residential) for single family residential and low intensity agricultural uses.

PETITION NO. PH#49-99-4 RM TO R-7 RALPH & DELYNN STROUP

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from RM (Mobile Home Residential) to R-7 (Mixed Residential) to allow construction of a conventional or mobile home in the Astor area. She stated that staff was recommending approval to rezone from RM (Mobile Home Residential) to R-7 (Mixed Residential), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote.

Commr. Hanson recommended that staff look at the entire area that was zoned RM (Mobile Home Residential) and, if appropriate, have a staff initiated rezoning for the area to allow for conventional homes.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

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. 1999-102, a request from Ralph and DeLynn Stroup, Petition No. PH#49-99-4 to rezone from RM (Mobile Home Residential) to R-7 (Mixed Residential) to allow construction of a conventional or mobile home.

It was noted that the Board had no objection to a staff initiated rezoning of the area to allow for conventional homes.

PETITION NO. PH#50-99-5 A TO AR GLENDA D. MANN

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to AR (Agriculture Residential) on a five (5) acres parcel in Urban Expansion in the Lady Lake area. She noted the location of the parcel on a site plan (County Exhibit 1) and on an aerial map and discussed same. She stated that staff was recommending denial to rezone from A (Agriculture) to AR (Agriculture Residential) based on the development patterns in the area, and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote. She explained that the proposal would split the property into two (2) two and one-half (2 ) acre sites in an area predominantly five (5) acre tracts, rural in nature, and the subdivision was subject to the aggregation requirement.

At this time, the Chairman opened the public hearing portion of the meeting.

Mr. Thomas Asberry, representing Glenda Mann, appeared before the Board and stated that he was the property owner of the property directly south and adjoining Ms. Mann property. He stated that the area was not predominantly five (5) acre tracts and discussed various parcels in the area that were smaller than five (5) acres. He noted the location of County property north of Ms. Mann that was being used as a pit for garbage. He stated that Ms. Mann's son would be living in the existing house, and Ms. Mann would be constructing a new home on the second parcel.

Discussion occurred regarding the history of the parcel in question; at which time, Ms. Farrell explained that a family lot split could not be done in Urban Expansion.

In response to a request by Commr. Swartz, Mr. Sandy Minkoff, County Attorney, explained that in 1971 the thirteen (13) platted lots would have been able to obtain thirteen (13) building permits. In 1982 a change would have required a paved road to be built and the lots to be 12,500 square feet or aggregated to 12,500 square feet to obtain the thirteen (13) building permits. In 1992 aggregation was required up to the Lake County Comprehensive Plan density requirement which would be five (5) acres per parcel. He explained that the zoning was the problem, at this time, because the zoning requires a five (5) acre minimum lot size. He stated that, if this property was rezoned AR (Agriculture Residential), there would be no problem splitting the property into two (2) lots using the paved road frontage as the road front.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Hanson made a motion, which was seconded by Commr. Pool, to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1999-103, a request from Glenda D. Mann, Petition No. PH#50-99-5 to rezone from A (Agriculture) to AR (Agriculture Residential).

Commr. Swartz stated that he would support the motion, however, requested that staff look at these rezonings carefully to determine compatibility.

Commr. Gerber requested that Solid Waste Management Services look at the afore mentioned County property and determine why it was being used as a garbage pit.

The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.

PETITION NO. CUP#99/9/2-3 CUP IN A EDUARDO TREJO

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP (Conditional Use Permit) in A (Agriculture) to utilize an existing mobile home as a caretaker's residence and to add an office for a grove and nursery operation on 8.9 acres in the Astatula area. She stated that staff was recommending approval for a CUP in A (Agriculture), and the Planning and Zoning Commission has recommend approval by an 8 - 0 vote. She stated that the applicant would be subject to an annual inspection under the CUP.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

It was noted that the applicant was present in the audience.

No one present wished to speak in opposition to this request.

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. Pool and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1999-104, a request from Eduardo Trejo, Petition No. CUP#99/9/2-3 for a CUP in A (Agriculture) to utilize an existing mobile home as a caretaker's residence and to add an office for a grove and nursery operation.

PETITION NO. CUP#99/9/1-4 CUP IN A JAMES & DONNA WHITMAN

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request for a CUP (Conditional Use Permit) in A (Agriculture) to allow repairing of boat motors from the existing residence as an obnoxious use on five (5) acres in the East Lake County/Forest Hills area. She stated that staff limited the applicant to three (3) boats on the site; however, the Planning and Zoning Commission has amended the land use to five (5) boats on the site at the applicant's request. She stated that staff was recommending approval of a CUP in A (Agriculture), and the Planning and Zoning Commission has recommended approval by an 8 - 0 vote with a limitation of five (5) boats, and the hours of operation being 8:00 a.m. to 7:00 p.m. She stated that the applicant would be subject to an annual inspection under the CUP.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Mr. James Whitman, Jr., representing the applicants, appeared before the Board and presented a petition (Applicant's Exhibit A) with signatures of property owners on Forest Drive indicating no objections to Mr. Whitman operating a mobile marine repair business. Mr. Whitman explained that the business was a mobile boat motor repair business in which motors too large to be repaired at the boat owner's site are transported to his shop for repairs. He stated that he had no problem with the limitation of five (5) boats on the premise and the hours of operation being 8:00 a.m. to 7:00 p.m.

Mr. Larry Hassell, owner of the adjacent property to the west, appeared before the Board in support of this request and stated that the operation has, in no way, been obnoxious or has posed any hazard to the area.

No one present wished to speak in opposition to this request.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Hanson made a motion, which was seconded by Commr. Pool, to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 1999-105, a request from James and Donna Whitman, Petition No. CUP#99/9/1-4 for a CUP in A (Agriculture) to allow repairing of boat motors from the existing residence as an obnoxious use.

Commr. Hanson stated that this request was an appropriate land use in the rural areas and serves many of the people from the neighboring marina and the surrounding boat users.

Commr. Swartz stated that the ordinance was a mini CUP ordinance and expressed concern that the Board was using mini CUP ordinances as a way around rezoning that could not pass as a rezoning. He stated that he would not support this request.

Commr. Hanson stated that zoning was originally created to protect the surrounding neighbors from uses that may be offensive and, in this instance, the neighbors have indicated that they do not consider this use as offensive.

Commr. Gerber expressed concern with the noise factor and stated that, if there are complaints with the noise, there would be further restrictions to the CUP.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted in opposition.

PETITION NO. PH#37-99-2 A TO MP MARION C. MANNING &

MARK D. MANNING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for rezoning from A (Agriculture) to MP (Planned Industrial) on a 21 acre parcel adjacent to Christopher C. Ford Central Park. She stated that staff was recommending approval to rezone from A (Agriculture) to MP (Planned Industrial), and the Planning and Zoning Commission has recommend approval by a 7 - 1 vote. She stated that the terms in the ordinance limits the combined square footage of all structures not to exceed 225,000 square feet, and all development will be subject to the Declaration of Restrictive Covenants for Christopher C. Ford Central Park.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Mr. Bruce Duncan, Economic Development Director, appeared before the Board and stated that the County was in the process of amending the Restrictive Covenants for Christopher C. Ford Central Park and that the amended Restrictive Covenants would apply to the property in question.

It was noted that the applicant's representative was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

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. 1999-106, a request from Marion C. Manning and Mark D. Manning, Petition No. PH#37-99-2 to rezone from A (Agriculture) to MP (Planned Industrial).

OTHER BUSINESS

MEETINGS

Ms. Sue Whittle, County Manager, presented the discussion on the changes in the December meeting schedule due to the holidays. She noted that there would be no changes to the November meeting schedule.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to schedule the December meeting dates on December 7, 1999 and December 14, 1999.

Ms. Whittle informed the Board that the Holiday Luncheon would be held on December 9, 1999.

Commr. Gerber informed the Board that she would not be present for the November 2, 1999 Board meeting.

REPORTS

COUNTY MANAGER

PLANNING

Ms. Sue Whittle, County Manager, presented this request and distributed a copy of the Department of Community Affairs Survey on Growth Management Reform to the Board.

Commr. Cadwell requested direction from the Board on the appropriate way in which to complete the survey.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board authorized the Chairman to complete the Department of Community Affairs Survey on Growth Management Reform and to bring back the completed survey to the Board for ratification.



COMMISSIONER GERBER - DISTRICT NO. 1

HISTORICAL SOCIETY

Commr. Gerber informed the Board that the Lake County Historical Society has requested that she announce that there was a part-time position open at the Historical Society, and to call the Historical Society if any one was interested in the position. COMMISSIONER POOL - DISTRICT NO. 2

COURTS-JUDGES/MEETINGS

Commr. Pool reported that he attended a meeting between the Honorable Mark J. Hill, Chateau Communities, Inc., and the Lakes at Leesburg Mobile Home Rental Park residents in regard to the collection of the fire tax. Judge Hill has ruled in favor of the park residents on all cases and no action was dismissed. He stated that there will be legal recourse and legal action taken by the park residents against Chateau Communities.

ADDENDUM NO. 1

REPORTS

COMMISSIONER SWARTZ - DISTRICT NO. 3

Commr. Swartz presented the request for authorization for the County Attorney to respond to Chateau Communities, Inc. with regard to the fire tax in rebuttal to a recent letter sent to residents of Lakes at Leesburg. He directed the Board's attention to a notice sent to all homeowners who rent their lots at Lakes at Leesburg Mobile Home Rental Park which states "The Lake County Commission mandated in 1991 that the Lakes at Leesburg act as the collection agent for the Fire Tax formerly charged on your tangible property tax bill." He stated that this response was not correct and the Board of County Commissioner in 1991 made it perfectly clear that they were not mandating or suggesting how those who receive tax bills for fire tax are collected. He stated that he was requesting that the County Attorney respond in the strongest manner appropriate to Chateau Communities indicating the Board's displeasure and the inaccuracy with the above noted statement and requesting that Chateau Communities send out a notice that clearly indicates that said statement was not true.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved a request for authorization for the County Attorney to respond to Chateau Communities, Inc. with regard to the fire tax in rebuttal to a recent letter sent to residents of Lakes at Leesburg.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:55 p.m.



__________________________________ WELTON G. CADWELL, CHAIRMAN



ATTEST:



_________________________________

JAMES C. WATKINS, CLERK



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