The Lake County Board of County Commissioners met in regular session on Tuesday, April 23, 2002, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Debbie Stivender; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Bill Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, informed the Board that Tab 4, a request for approval of Petition No. 978, by L. J. Norman, to vacate a road and cease maintenance on Dudeck Road (4-4483), in Section 27, Township 19 South, Range 27 East, in the Mt. Dora/Sorrento area - Commission District 4, had been withdrawn from the Agenda and that there was an Addendum No. 1, containing a For Your Information Item - a flyer from Growth Management, concerning consultation inspection for single family residences when somebody is their own contractor, under the County Manager's Consent Agenda.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Community Services/Grants/Municipalities
Request from Community Services for approval to extend invitation to non-participating municipalities to join Lake County Community Development Block Grant (CDBG) Urban County Partnership.
Assessments/Contracts, Leases and Agreements/Impact Fees/Municipalities/Public Safety
Request from Public Safety for approval to terminate Interlocal Agreement between Lake County and Town of Howey-in-the-Hills, dated March 21, 1985, and First Amendment between Lake County and Town of Howey-in-the-Hills, dated October 5, 1991, and replace them with Interlocal Agreement adding collection of impact fees and interim fire/rescue assessment fees.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
Building Services Division/Growth Management
Request to acknowledge For Your Information Item - Flyer from Lake County Department of Growth Management, Building Services Division, concerning Free Consultation Inspection for Single Family Residences.
AGENDA UPDATE (CONT'D.)
Mr. Sandy Minkoff, County Attorney, requested approval to place two items on the Agenda. He stated that the first item involved an application for tax deferral from the Mission Inn and he just needed to discuss with the Board how the matter is to be handled procedurally, and the second item was a request to hold a Closed Session on May 7, 2002, to discuss the Covanta litigation issue and their declaring bankruptcy.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said items on the Agenda.
MISCELLANEOUS
The Chairman informed those present that a T-shirt, which was put together by Trail Friends and Lake County's Rails to Trails, containing a graphic on the front of the T-shirt of Lake Apopka and all the cities and counties in the loop, with the wording "Get In The Loop", as well as a listing of all the cities, counties, agencies, and departments involved in the project on the back of the T-shirt, which will be used to raise public awareness about Lake Apopka, was being displayed on the monitor. He stated that it is a unique opportunity to tie the County's Rails to Trails Program with the West Orange and South Lake Trails and to continue the trail corridors. He thanked staff; Mr. Richard Dunkel, representing Trail Friends; and any other individuals who have participated in the program for their efforts, in trying to inform people about the project.
PUBLIC HEARINGS
VACATIONS
PETITION NO. 929 - JOY RUTH COLLINS - LEESBURG AREA
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it involved the correction of a scrivener's error in a legal description that occurred a couple of years ago. He stated that the road vacation was drawn correctly, it was just written wrong. He stated that staff was recommending approval of the request.
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. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-66, repealing Resolution No. 2000-185, in Petition No. 929, by Joy Ruth Collins; and approval of Resolution No. 2002-67, amending a legal description, due to a scrivener's error, to vacate roads and tracts in the Plat of Silver Lake Estates, in Section 14, Township 19 South, Range 25 East, in the Leesburg area - Commission District 1.
PETITION NO. 981 - BRUCE LYBRAND/BRUCE DUNCAN - LAKE JEM AREA
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to vacate a right-of-way in the Plat of Lake Jem Villa Properties. He stated that it is a very old plat involving two yards and staff saw no practical access to the lake, by vacating the right-of-way, therefore, requested approval of the request.
The Chairman opened the public hearing.
Mr. Bruce Duncan, Attorney, Potter, Clement, Lowry and Duncan, in Mt. Dora, representing the applicant, addressed the Board and explained this request, stating that a survey was conducted on the property in question at the time that the applicant purchased the property, prior to closing, which indicated that a right-of-way had been closed in the past. He stated that it was not until the applicant tried to pull a building permit, for an addition to his house, that he discovered a right-of-way existed that he was not aware of. He stated that his client could not meet the setback requirements from said right-of-way, which prompted him to petition the County to vacate it. He stated that the adjoining property is Carlton Palms Educational Center, a group home that was approved by the Board last Summer, and that a letter was submitted from Mr. Harlow Middleton, representing Carlton Palms, stating that he does not object to the vacation, nor do any of the residents in the area.
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. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-68 - Petition No. 981, by Bruce Lybrand, Representative Bruce Duncan, to vacate a right-of-way in the Plat of Lake Jem Villa Properties, in Section 13, Township 20, Range 26, in the Lake Jem area - Commission District 3.
PETITION NO. 982 - NANCY AND PINKNEY CLEMENTS - MASCOTTE
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to vacate a road in Sparky's Camp Subdivision, however, noted that the applicants were requesting a postponement of the case, until a later date. He stated that they own both sides of the road, so it is obvious why they want to vacate it, however, noted that staff and a property owner to the south of the property are concerned about the vacation and the County has received letters in opposition to the request, as well. He requested approval to postpone the case for 30 days, to allow all the details to be worked out.
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. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the postponement of Petition No. 982, by Nancy and Pinkney Clements, to vacate a road in Sparky's Camp Subdivision, Lot 21, Block B, in Section 22, Township 21, Range 24, in the Mascotte area - Commission District 3, for 30 days.
REZONING
PUBLIC HEARINGS
PETITION NO. PH15-02-1 - R-1 TO A - JOHN HAMMOND
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a six acre parcel in the Silver Lake area, outside of what is considered the Silver Lake residential and commercial component, from R-1 (Rural Residential) to A (Agriculture), to place a mobile home on the site. 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. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No.2002-29 - John Hammond, Rezoning Case No. PH15-02-1,Tracking No. 26-02-Z, a request for rezoning from R-1 (Rural Residential) to A (Agriculture), to allow for those uses permitted in the Agricultural zoning district, as presented.
PETITION NO. 79-01-4 - R-6 TO CP - JEFFREY R. RANDS AND ROBERT MOON
MICHAEL DAY
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone approximately 10 acres in the Mt. Plymouth Urban Compact Node from R-6 (Urban Residential) to CP (Planned Commercial), with C-1 and C-2 uses, limited to 5,000 square feet. She stated that the applicant changed the request at the Planning and Zoning Commission Meeting; therefore, staff was supportive of the request.
The Chairman opened the public hearing.
The applicant was not 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.
Commr. Hanson questioned whether staff would be working closely with the applicant, to see that design standards are enforced.
Ms. Farrell stated that it would be tough, at this point in time, to enforce any design standards, however, noted that the County has a good design and landscape code. She stated that the small area study is wrapping up, so staff hopes to move forward with some of the Land Development Regulation (LDR) changes for the area.
A motion was made by Commr. Hanson and seconded by Commr. Cadwell to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2002-30 - Jeff Rands and Robert Moon/Michael Day, Rezoning Case No.79-01-4,Tracking No. 152-01-CP, a request for rezoning from R-6 (Urban Residential) to CP (Planned Commercial), to allow for limited commercial and industrial type uses, as presented.
Under discussion, Commr. Hill stated that staff listed six different factors in their Staff Report that they were concerned about, with regard to the property, and questioned whether the small area study that Ms. Farrell alluded to would address staff's concerns.
Ms. Farrell stated that the study would address the needs and wants of the community and the majority of staff's concerns, however, noted that it would not address level of service and some other transportation issues.
Commr. Hill stated that the legal description needed to be amended, to cover the parcel in question, and questioned whether staff would be taking care of it.
Ms. Farrell stated that they would, however, noted that the balance of the property would remain R-6 (Urban Residential).
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PETITION NO. SLPA02/1/2-2 - SMALL SCALE COMPREHENSIVE PLAN MAP AMENDMENT - NEIL BRITT, ROOM 4, INC./ARTHUR NIX, MONTVERDE ENGINEERING; AND PETITION NO. PH 66-01-2 - MP TO CP - NEIL BRITT, ROOM 4, INC.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it involves a site that has some old industrial zoning on it, in the Urban Expansion land use category. She stated that the applicant desires to put some retail uses on the site; therefore, staff had to do a small scale land plan amendment, in order to accommodate the request. She stated that this request partners with the next request on the Rezoning Agenda, Tab 4, which is a request to rezone from MP (Planned Industrial) to CP (Planned Commercial), to provide for some retail uses. She stated that a CP classification may be more compatible with the residential uses than the industrial zoning that is currently on the site. She stated that the Board's backup material contained an Ordinance providing for limitations on the amount of retail uses, which the applicant is in agreement with. She stated that she would like to add to the Ordinance professional office and/or medical uses, noting that, in the future, if the applicant decides not to have as much retail and wants to add office space, she would not want them to have to go back through the public hearing process for it.
It was noted that the two cases would be heard together; however, they would require a separate vote.
The Chairman opened the public hearing.
Mr. Tim Green, Green Consulting Group, addressed the Board, representing the applicant, stating that this request came before the Board in September of 1991 as an MP (Planned Industrial), with unlimited uses. He stated that the request before the Board this date was a down zoning from what was approved in 1991.
Mr. Arthur Nix, Montverde Engineering, representing the applicant, addressed the Board stating that the applicant applied for water and sewer services from the City of Clermont, but was told he needed to obtain approval for the CP zoning and then reapply for said services; however, there was no guarantee that the City would provide the services.
Mr. Barry Brown, City Planner, City of Clermont, addressed the Board stating that he felt the Clermont City Council would consider servicing the site at some point, after they get the consumptive use permit issue straightened out, at which time he noted that they are scheduled to go before the St. Johns River Water Management District May 7, 2002, regarding the matter. He stated that there are currently lines in the vicinity, noting that the City services the property across the road from the property in question, to the north. He stated that the City feels there needs to be cross access from the property to the parcel to the west, so that the applicants can better avail themselves of the median cut on Hwy. 50, which is directly in front of the parcel to the west. He stated that, if there was cross access to said property, it might work out, long-term, as a better access solution for the site.
Mr. Bill Underwood, a resident of the area in question, addressed the Board stating that traffic in the area is terrible, especially rush hour traffic, and he feels it will only get worse, if commercial is allowed on the site.
Commr. Pool stated that he had spoken to Mr. Jim Ely, with the Turnpike Authority, and was informed that the Turnpike Authority's goal is to expand the on ramp to the Turnpike, which narrows down to one lane, to three lanes. He stated that they plan to enhance the area, as well.
Commr. Hanson stated that, in reading the letters of opposition, she feels the people that wrote the letters do not understand that the property was already zoned light industrial and that staff will have more control over the new zoning than what could have gone in under the existing zoning.
Commr. Pool concurred, noting that the request is a down zoning, with a less intense use, not an up zoning, with a more intense use.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender, 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. 2002-31 - Neil Britt, Room 4, Inc./Arthur Nix, Rezoning Case No. SLPA 02/1/2-2, Tracking No. 2-02-SLPA, a request for a Small Scale Comprehensive Plan Map Amendment, to change the land use from Employment Center to Urban Expansion, as presented.
On a motion by Commr. Stivender, 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. 2002-32 - Neil Britt, Room 4, Inc./Arthur Nix, Rezoning Case No. PH 66-01-2, Tracking No. 139-01-Z, a request for rezoning from MP (Planned Industrial) to CP (Planned Commercial), for limited commercial/warehouse uses, as presented.
PETITION NO. PH16-02-2 - R-1 TO R-3 - PROFESSIONAL REALTY ADVISORS, INC., AS TRUSTEE FOR MINNEHAHA JOINT VENTURE/DALE LADD, HIGHLAND DEVELOPMENT CONSULTING SERVICES/KEVIN HAWKINS
TRACKING NO. 28-02-Z
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it involves a 95 acre site in the Clermont area that was brought before the Board a couple of months ago by the applicant, Mr. Dale Ladd, at which time it was denied, without prejudice.
The Chairman opened the public hearing.
Mr. Dale Ladd, Applicant, representing Professional Realty Advisors, Inc., addressed the Board stating that sewer service not being provided to the site in question was the primary issue at the last Board Meeting where this case was discussed, however, noted that the issue has now been resolved, due to the fact that the site will now have sewer service provided to it by the City of Clermont.
Commr. Cadwell questioned whether staff's recommendation had changed, based on the information provided by Mr. Ladd.
Ms. Farrell stated that staff's only concern would be the guarantee of sewer, noting that with a straight zoning they have no guarantees.
It was noted that the case would be heard, due to the fact that sewer service will now be provided to the site.
Commrs. Hill, Stivender, and Pool disclosed, for the record, that they had spoken with the applicant about the case, prior to this meeting.
Mr. Ladd readdressed the Board and discussed the design of the development and the reason it is designed the way it is, noting that it is designed around the south Lake connector. He reviewed what he has agreed to, with regard to the lots that are contiguous to Lake Ridge Club, in trying to make the residents happy, being (1) a height restriction of 24 feet; (2) a 25 foot rear setback; (3) a minimum lot width of 100 feet, to match the lots in Lake Ridge Club; and (4) a minimum of 1,800 sq. ft. of living space. He stated that they do not agree on the number of lots proposed for the development and they want him to put in writing that he will not build a package plant on the site. He stated that he does not plan to put in a package plant, because it would not be feasible to do so, however, noted that he cannot completely abandon the possibility of it, until the City of Clermont or Lake Utilities provides sewer services to the site. He stated that the surrounding property owners feel he will not enforce the developer's agreement; however, he ensured the Board that he would. He stated that he is asking for a total density of 2.2 units per acre, which is at or below the densities of the surrounding properties.
Commr. Pool questioned how quickly the County would be able to start some activity along the south Lake connector, should this request be approved.
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that it will take approximately eight to ten months to design it, due to the complexity of it, so it will be some time in the year 2003 before construction will even get started on it.
Mr. Richard Pendergast, President, Lake Ridge Club Homeowner's Association, addressed the Board and discussed some concerns the homeowners in Lake Ridge Club have, noting that this was the seventh public hearing that he had attended, regarding this particular property. He stated that, if the Board approved the request, to rezone 95 acres to R-3, they would be allowing the construction of 285 houses on the site. He stated that, at a past Planning and Zoning Commission Meeting, the Assistant County Attorney stated that the developer can agree to do certain things in a rezoning, but staff can only require him to do what is allowed under R-3, which can turn out to be 285 houses. He stated that the developer's agreement is between Mr. Hawkins and his agent, Mr. Ladd, and is not tied to the land; therefore, if Mr. Ladd decides to retire to the Bahamas, there will be nobody to enforce the agreement, which has been the homeowners' big sticking point. He stated that all the things that Mr. Ladd stated the homeowners agreed to, he will not sign off on, and the County Attorney has stated that he doubted the agreement would be enforceable. He stated that Ms. Farrell has indicated her doubts about it, as well. He stated that, if the County is not going to step up to the plate and enforce the agreement, the homeowners need a way to enforce it.
Mr. Richard Baxter, a resident of Lake Ridge Club and a member of the Lake Ridge Club Homeowners' Association, addressed the Board and presented, for the record, a petition (Opposition's Exhibit A) signed by over 100 residents in the subdivision, in opposition to the request.
Ms. Nancy Fullerton, a resident of Clermont and President of the Alliance to Protect Water Resources, Inc., addressed the Board stating that their opposition to the request remains the same, which is a concern for water and density. She stated that they still maintain that one way to minimize the accumulative effects of new development on the County's water resources is to control density. She stated that the applicant's request could more than triple what is allowed on the land, at this point in time, and could more than double the water withdrawals that would be allowed. She stated that the Board has shown an interest in trying to slow down the growth, or at least look at the growth problems, in south Lake County and asked that they continue to look at that issue.
Mr. Brown readdressed the Board stating that the Clermont City Council has stated they are willing to service the site, which is along the future south Clermont connector alignment.
Mr. Ladd readdressed the Board, in rebuttal to some of the comments that were made, stating that the proposed development will not contain 285 lots, as stated; the County is a third party beneficiary to the developer's agreement and can enforce it, should he not be around, at some future date; and the City of Clermont has stated they will provide sewer service to the site, so no other agreement is necessary, in addition to the final platting.
Ms. Ann Dupee, a resident of Clermont and a member of the Clermont City Council, addressed the Board stating that the City of Clermont currently has the capacity to provide sewer service to the site.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Cadwell questioned whether staff's recommendation would still be for denial, considering the testimony heard this date.
Ms. Farrell readdressed the Board stating that staff's recommendation would still be for denial, because of other issues addressed in the Staff Report. She stated that the only way to enforce what was discussed is through a PUD, as the original Staff Report laid out. She stated that, although the sewer issue was a big issue, it was not the only issue.
Commr. Hill stated that staff has a hard time enforcing what is in writing, let alone what is not in writing. She stated that she does not know why the developer objects to doing a PUD. She clarified the fact that the City of Clermont has stated they will provide sewer service to the site, although they may not be there for hookup, at this point in time. She questioned whether dry lines were going to be laid in the homes for that future connection.
It was noted that the developer will not be constructing any homes until the sewer lines are in.
Commr. Hanson clarified the fact that the density is 2.2 units per acre for the property that is being rezoned.
Commr. Stivender stated that she was glad to see that the City of Clermont was going to do what she felt they should have done to begin with, which is provide sewer service to the site, therefore, recommended that the Board approve the proposed development, knowing that there will not be a package plant on the site, which will affect the residents of Lake Ridge Club; knowing that the surrounding area is R-3 and there are no PUDs on the surrounding properties; and that nothing will be developed until the sewer service is in place, per the County's Code.
A motion was made by Commr. Stivender and seconded by Commr. Cadwell to approve Ordinance No. 2002-33 - Professional Realty Advisors, Inc., as Trustee for Minnehaha Joint Venture/Dale Ladd, Highland Development Consulting Services/Kevin Hawkins, Rezoning Case No. PH 16-02-2,Tracking No. 28-02-Z, a request for rezoning from R-1 (Rural Residential) to R-3 (Medium Residential), for 201 single family residential home sites, as presented.
Under discussion, Commr. Cadwell stated that he was opposed to this request the first time that it came before the Board, mainly because of the sewer issue and the fact that there was no commitment from the City of Clermont regarding it. He stated that, if one were to look at the other rezonings in the area and the fact that they are all straight zonings, along with the transportation problem that the County is going to be able to address through this rezoning, as well as the size of the lots, compared to the size of other lots in the area, he feels that this request is compatible to what is in the area, and he feels Mr. Ladd will do what he says he will do.
Commr. Hanson stated that she was glad to see that a sewer system will be in place, rather than a package plant. She stated that the proposed development is located in an Urban Expansion area, which will allow up to four units per acre; however, she feels that the only way the County can get a clustered development is through a PUD. She stated that she would not be supporting the request.
Commr. Pool thanked the developer and his opponents, noting that they have held his feet in the fire every step of the way, to ensure that many of the things go their way. He stated that he felt the developer has done an admirable job, in trying to come as close as he can to what staff feels is important. He stated that he hopes, as this project develops, that everybody recognizes the fact that the southern connector is an important issue, noting that it is going to maintain and enhance the quality of life along Lakeshore Drive and on into Clermont. He stated that he feels it will be an asset to everybody. He then called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Hanson voted "No".
PUBLIC HEARING
REVOCATION OF CONDITIONAL USE PERMITS DUE TO ANNEXATION
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that staff was requesting approval to revoke the following Conditional Use Permits (CUPs), due to them being annexed into various cities within the County. She stated that it was just a formality to get them off the books.
The Chairman read the CUP numbers into the record and 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. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following Ordinances, revoking Conditional Use Permits, due to annexation, as noted:
Ordinance No. 2002-34 - James and Kelley Moore
Revocation of CUP No. 210-1
Annexed into City of Leesburg by Ordinance No. 00-48
Ordinance No. 2002-35 - Mark and Jeanne Matthews
Revocation of CUP No. 90/1/2-2
Annexed into City of Leesburg by Ordinance No. 94-04
Ordinance No. 2002-36 - Felipe Estrada
Revocation of CUP No. 87/8/6-2
Annexed into City of Leesburg by Ordinance No. 98-21
Ordinance No. 2002-37 - Grace Bible Baptist Church
Revocation of CUP No. 382A-1
Annexed into City of Fruitland Park by Ordinance No. 98-004
Ordinance No. 2002-38 - Hilda Torrence (Life Estate)
Revocation of CUP No. 93/10/2-5
Annexed into Town of Lady Lake by Ordinance No. 2000-09
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES/LIBRARIES
Mr. Bill Neron, County Manager, explained this request, stating that, in the current budget and, as part of the budget for next year, there were approximately $200,000.00 of operational funds for the Central Lake County Library, which has not yet been built, and, in order to get it off the books, staff is recommending that the Board delay consideration of the project until they can bring it back to the Board, which will allow them to propose in the current and next year's budget a request to carry said funds forward, for two libraries that are proposed for next fiscal year. He stated that it is a housekeeping item, but staff felt that, since the Board had approved the project, they could not move it, or take action, without formal authorization by the Board to do so. He stated that staff will be bringing back to the Board an agreement regarding the Cooper Memorial Library, in Clermont, and a proposed interlocal agreement with the City of Leesburg, which the County has been reviewing at the staff level. He stated that the County will be bringing them in, as part of the member library system, at a reduced cost next fiscal year and a full cost sharing the following fiscal year.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to suspend plans for a Central Lake County Library until after Fiscal Year 2002/2003.
FOR YOUR INFORMATION ITEM
Mr. Sandy Minkoff, County Attorney, informed the Board that the following Vested Rights Determination had been issued and was put on the Agenda, for informational purposes, as requested by the Board, noting that they had previously requested that when vested rights determinations are issued they be put on an Agenda so that they would be aware of them:
Vested Rights Determination regarding the Last Resort Fish Camp (CUP No. 595-1) Located in Section 8, Township 18 South, Range 25 East, Lake County, Florida
Lake County will not deny the owner(s) of the Last Resort Fish Camp (CUP No. 595-1 and 595A-1), approved by Lake County on October 18, 1977, acting in good faith, the right to continue development of the private fishing resort and the development of the sixty-five (65) sites approved under Conditional Use Permit Nos. 595-1 and 595A-1 and as approved by Building Permit No. 37092, issued February 9, 1978, approving the Master Park Plan for a private fishing resort on 175 acres +/-. For the purpose of this Vested Rights Determination, acting in good faith shall mean that, from the date of this Vested Rights Determination:
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Donald Channel, the owner of the former Mud Run Park, in Umatilla, addressed the Board and discussed some concerns he had about the condition of the Fairgrounds property, noting that he currently holds tractor pulls there, and the fact that it is not an adequate facility for the tractor pulls, in that there is not enough seating for people wanting to attend them. He stated that every time they hold a race there they have to turn people away, because there is not enough seating. He stated that the Board has stated for years that the County is going to build a new Fairgrounds and, in the meantime, it will clean up the current Fairgrounds and improve the facility. He asked what the Board's intentions are, with regard to the matter.
Mr. Bill Neron, County Manager, stated that he would meet with Mr. Channel and try to come up with a solution for the problem.
REPORTS
COUNTY ATTORNEY
ORDINANCES
Mr. Sandy Minkoff, County Attorney, informed the Board that the County received an application from Mission Inn to take advantage of the deferral and waiver that was approved in Senate Bill 1360. He stated that he discussed the matter with the Tax Collector, Mr. Bob McKee, and with Mr. Frank Royce, Chief Deputy, Property Appraiser's Office, and they are going to work with the County and make the findings that the property is the type of property in the Act and that it meets the requirements of the Act. He stated that it is scheduled for Ordinance adoption at the Board Meeting scheduled for May 7, 2002.
REPORTS
COUNTY ATTORNEY
MEETINGS
Mr. Sandy Minkoff, County Attorney, requested authorization to hold a Closed Session at the Board Meeting scheduled for May 7, 2002, to discuss what the Board plans to do, with regard to litigation involving Covanta (formerly Ogden Martin), based upon their filing for bankruptcy.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to hold a Closed Session at the Board Meeting scheduled for May 7, 2002, to discuss the Covanta litigation case, based upon their filing for bankruptcy.
REPORTS
COUNTY MANAGER
ENVIRONMENTAL LANDS ACQUISITION AND MAINTENANCE
Mr. Bill Neron, County Manager, informed the Board that he was scheduling two presentations for the Board Meeting to be held on May 14, 2002, for the Board's consideration, the first being a presentation by Mr. Lance DeHaven Smith, who the Board has worked with in the past on several issues, with regard to the American assembly process, which is a process of citizen participation, to try to reach a consensus on contentious issues. He stated that he would like for Mr. Smith to explain the process, noting that he has facilitated it in a number of communities before and it may be something that the Board may wish to consider. He stated that he had spoken with other County Managers around the State who have used the American assembly process and feel that it is a good way to help communities reach a consensus on issues of these types. He stated that it is in response to direction that he received from the Board a few meetings ago, with regard to transportation issues. He stated that the second presentation would be by the Trust for Public Lands, in conjunction with the Environmental Lands Acquisition and Maintenance Committee that the Board is considering creating, noting that he met with them recently and believes they may have some services that they might be able to offer, as well as assistance that they may be able to provide the County with, in the purchase of other properties for bypass purposes, etc.
REPORTS
COUNTY MANAGER
EMERGENCY SERVICES/MUNICIPALITIES
Mr. Bill Neron, County Manager, informed the Board that the Town of Lady Lake previously requested that the County do an experiment and locate a fire station, a paramedic, and a firefighter at two or three different locations in the Town, to see what effect it would have on response times. He stated that it was a follow-up to some previous discussions that had been held on the issue. He stated that he plans to implement a 30 day trial period, with no commitment on the County to do anything further, noting that it would be for the purpose of gathering data, in cooperation with the Town of Lady Lake.
REPORTS
COMMISSIONER HILL - DISTRICT 1
MISCELLANEOUS
Commr. Hill informed those present that a Victims' Rights Ceremony will be held at the Lake County Judicial Center on Friday, April 26, 2002, at 12:00 noon, and invited everyone to attend.
REPORTS
COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2
MEETINGS
Commr. Pool informed the Board that he and Commr. Hanson attended an MPO (Metropolitan Planning Organization) Meeting that was held recently in Heathrow and discovered that people in the State of Florida will have an opportunity, in the very near future, to dial "511" from any telephone and receive traffic conditions in the area in which they will be traveling. He stated that it is quite a unique system and feels it will be a nice asset to this area.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
MISCELLANEOUS
Commr. Hanson informed the Board that the opportunity to use hybrid cars is going to be more and more on the table, noting that it was suggested at the Metropolitan Planning Organization Meeting that the County contact the Florida Association of Counties, to pull in their recommendation of buying power for all the counties in the State that are interested. She stated that hybrid cars cost more than conventional cars, however, noted that many counties are using them on a very limited basis. She stated that she felt, as people look at the issues of clean air and fuel efficiency, they will be using them more and more. She stated that the County could set an example for the State of Florida, if it could buy some of the cars at a reasonable price. She stated that she felt it would be helpful for the Board to write a letter to the Florida Association of Counties and ask them to look into the matter and try to create a buying power.
REPORTS
COUNTY MANAGER (CONT'D.)
EMERGENCY SERVICES
Mr. Bill Neron, County Manager, informed the Board that, with regard to the "511" issue, the County needs to be very careful, noting that he looked into the matter at his former job and his Public Safety employees went crazy, because it confuses the public on the use of the 911 system. He stated that the County needs to be very careful, when adding numbers to the system.
Commr. Pool stated that was the reason he stressed the number "511", rather than "911", several times. He noted that the call would go to a transportation coordinator, who would overview the situation.
REPORTS
COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2
MEETINGS
Commr. Pool informed the Board that the Lake County Federated Republican Women's Club recently held a luncheon with Congressman Ric Keller at the Mt. Dora Country Club, where Congressman Keller gave an update on what is going on within his district. He stated that Lake County will now be included in Congressman Keller's district and noted that Congressman Keller stated he was very happy to be in Lake County and, if anyone had any concerns, to contact him regarding them.
REPORTS
COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2
MISCELLANEOUS
Commr. Pool thanked Mr. Neron, County Manager, and Commr. Hanson for their participation in the recent gala that was held by the Lifestream Behavioral Center, as a fund raiser for the center, noting that they should be commended for their efforts.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:45 a.m.
________________________________ ROBERT A. POOL, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
sec/4-23-2002/4-26-2002/boardmin