A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 12, 1990

The Lake County Board of County Commissioners met in regular session on Tuesday, June 12, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; Robert F. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.

Mr. James C. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.

MINUTES

The Special Minutes of May 21, 1990, were postponed.

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following:

Accounts Allowed/Code Enforcement/Courts-Judges

Request for signature authorization and approval of the Satisfaction and Release of Fine for Robert N. Edmundson, Code Enforcement Fine No. CEB-93-89, in the amount of $265.00.


Accounts Allowed/Courts-Judges


Request for signature authorization and approval of the Satisfaction of Judgment for David Steven Young, Case No. 83-540TT, in the amount of $250.00.


Accounts Allowed/Courts-Judges


Request for signature authorization and approval of the Satisfaction of Judgment for Dustin P. Dailey, Juvenile, and Edwin H. Dailey, Jr., and Diana Dailey, Parents, Case No. 88-1157-CJ, in the amount of $50.00.


Accounts Allowed/Courts-Judges


Request for signature authorization and approval of the Satisfaction of Judgment for David Harris, Chris Harris, and David Andrew Harris, Case No. 88-399-CJ, in the amount of $50.00.


Municipalities/Ordinances


Request to acknowledge receipt of the City of Leesburg Ordinance No. 90-9, concerning annexing certain property owned by William Bumbarger and Julieta Bumbarger, and located directly west of Flatwoods Road.



Accounts Allowed/County Property


Request to delete items from fixed assets for the month of June 1990, in the amount of $10,398.44.


ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board acknowledged receipt of the transfer of $10,000.00, from Sheriff's Contingency budget to Law Enforcement personal services.

COUNTY MANAGER CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following:

Accounts Allowed/Contracts, Leases & Agreements

Public Health


Request for approval and signature authorization on the contract between the Lake County Board of County Commissioners and the Leesburg Regional Medical Center to provide housekeeping services at the County Morgue, at a cost of $15,900.84 yearly.


Animal Control/Committees/Resolutions


Request for a Resolution for a time extension of the Animal Control Review Committee, as information regarding the procurement of tranquilizers has not been received from State agencies.


Accounts Allowed/Ambulances-Hospital Districts


Request to reimburse Waterman Medical Center for the purchase of one 1989 Ford F450 Rescue Unit, from the ambulance budgets capital fund, in the amount of $23,718.95.


Accounts Allowed/Contracts, Leases & Agreements

Planning & Development


Request for renewal of the lease for the South Lake Annex, Clermont, at a cost of $375.00 per month.


Bonds - Mobile Home


Request for the following individuals to live in a mobile home on the same piece of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the understanding that the mobile homes will be removed upon the completion of the conventional dwelling units or upon the request of the Board of County Commissioners:


Jane Smart - Fruitland Park area - District 1

Robert Cheyney - Bassville Park area - District 1


Deeds/Right-of-Ways, Roads & Easements


Request to accept the following Right-of-Way Deeds:


For Road Project:


Gary A. SchaefflerThomas Boat Landing Rd.#5-7940



Proposed Special Assessment:


Regina MancinoLuana Drive


PLANNING & DEVELOPMENT/SUBDIVISIONS


On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the Final Plat of Glenn Hills Subdivision, subject to review and approval by the County Attorney.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

OUTDOOR RECREATION

Mr. Tony Otte, Administrator, City of Tavares, appeared before the Board to discuss the Interlocal Agreement between Lake County and the City of Tavares, regarding the use of Summerall Park. He discussed the areas covered in the Agreement and reviewed an updated map of the project with the Board.

Mr. Alan A. Thelen, County Manager, noted that the Board will have the right to sign off on the plans for the project once they are finalized.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the corrected Interlocal Agreement between Lake County and the City of Tavares regarding the use of Summerall Park, whereas there was a change in Paragraph 3, and the incorporation of a legal description into the Agreement.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL

SERVICES/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for authorization to negotiate a contract with Brown and Caldwell, Inc., to conduct environmental monitoring associated with the operation of the waste-to-energy facility.

Commr. Bakich questioned what the total dollar amount will be to conduct the environmental monitoring. To which Mr. Findell responded that the amount can be set by the Board, and will range from $100,000.00 to $600,000.00. He further noted that, he has


requested Brown and Caldwell, Inc., to prepare a series of options for the Board's review, outlining different types of monitoring programs and frequencies.

Commr. Swartz noted that proposal deals with on-site and off-site monitoring, and a significant portion of the on-site monitoring is for monitoring of the facility in relation to contract monitoring and facility monitoring of a non-environmental nature, whereby, the firm has been requested to specify such for the Board's review.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to negotiate a contract with Brown and Caldwell, Inc., to conduct environmental monitoring associated with the operation of the waste-to-energy facility.

ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS

LANDFILLS/MUNICIPALITIES

Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for authorization to award the bid to Phoenix Construction Service, Inc., and to execute a contract and encumber funds, in the amount of $1,040,393.00, for the closure of the Umatilla Landfill. He stated that Phoenix Construction Services, Inc. submitted the low bid for the project, which consists of regrading the landfill, clay capping, seeding and mulching.

Commr. Windram questioned this firms experience, to which Mr. Findell noted that this firm is experienced in this type of project, and they are approved by the Department of Environmental Regulations.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for the authorization to award the bid to Phoenix Construction Service, Inc., and to execute a contract and encumber funds in the amount of $1,040,393.00, for the closure of the Umatilla Landfill, which was the low bid for the project.


ORDINANCES/PLANNING & DEVELOPMENT/ZONING

Ms. Annette Star Lustgarten, County Attorney, discussed the request for authorization to prepare and advertise an ordinance amendment to Section 70.38 of the Lake County Zoning Regulations, allowing travel trailers and other types of non-permanent living facilities to be occupied as a temporary residence during construction of a permanent residential dwelling. She noted that, in the past, the Board has allowed these types of facilities to be used, and therefore, the amendment is adding language to cover a process currently being allowed.

Some discussion occurred concerning restrictions that may be imposed in certain subdivisions, by which it was determined, if those deed restrictions do not allow these types of temporary residences, it would be a civil matter and the Board has no jurisdiction of such.

Commr. Gregg suggested adding a clause in the ordinance, whereby if a particular subdivisions deed restrictions do not allow this type of situation, that it not be granted, in order to alleviate any conflicts with local deed restrictions.

Ms. Lustgarten stated that, any person purchasing property in such subdivisions would be on notice that those deed restrictions apply. She added that the Board could request documentation of any existing deed restrictions, when applying for the Mobile Home Bond, and those being one of the factors to consider for approval of such.

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to prepare and advertise an ordinance amendment to Section 70.38 of the Lake County Zoning Regulations, dealing with Mobile Home Bonds, to allow other types of temporary residences, and to add language to consider any existing deed restrictions in such.

ACCOUNTS ALLOWED/CHECKS RECEIVED/PLANNING & DEVELOPMENT/ZONING

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authoriza


tion to release a Letter of Credit for reclamation by Grady Johnson/Lake Developers, CUP#87/2/4-4; and the acceptance of a check, in the amount of $3,275.00, for reclamation.

COMMITTEES/PLANNING & DEVELOPMENT/RESOLUTIONS

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for the approval of a Resolution establishing the scope of the Citizens Advisory Committee for Impact Fees.

CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY

PLANNING & DEVELOPMENT

Mr. Mike Anderson, Capital Projects Director, appeared before the Board to discuss the request for approval to negotiate a contract with The Land Planning Group, Inc., in association with Farner/Barley and Associates, Inc., as consultants, to prepare a comprehensive development plan for the County-owned property located at U.S. 27, Florida Turnpike, and County Road 19. He noted the organizations involved in arriving at this selection, and reviewed the ranking of the firms which submitted proposals, as follows:

The Land Planning Group

Springstead Engineering

Hall-Farner and Associates

Glatting, Lopez, Kercher and Anglin


Commr. Swartz questioned the price ranges involved, to which Mr. Anderson responded that no prices were discussed at this time, and that this selection was based on Professional Services, with fees to be negotiated at a later date.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for approval to negotiate a contract with The Land Planning Group, Inc., in association with Farner/Barley and Associates, Inc., as consultants, to prepare a comprehensive development plan for the County-owned property located at U.S. 27, Florida Turnpike, and County Road 19.

COMMISSIONER BUSINESS


ACCOUNTS ALLOWED/BUDGETS/PERSONNEL

Commr. Bailey discussed the request to establish the position of Tourist Development Director and proceed with the hiring process of same, and the Secretary III position; and the transfer of monies from Tourist Development Council (TDC) Contingency to establish the TDC Office for the remainder of FY 89-90. He noted that no reference has been made as to the office space for these positions, and that the TDC will be responsible for such.

Commr. Gregg stated that, he felt the salary range was high for a County of this size, and the Council should look for someone in the lower end of that range.

Commr. Bailey noted that, it was the consensus of the TDC that the salary range remain, in order to select an individual of the caliber intended.

Commr. Bailey mentioned that Mr. Joe Knowles and Mr. Vic Donahey of the TDC were in the audience. He also mentioned that, Mr. Al Liveright of the Mt. Dora Chamber of Commerce and Secretary of the United Chambers of Lake County, and Ms. Joan Puterbaugh of the Leesburg Chamber of Commerce were in the audience.

Mr. Al Thelen, County Manager, noted that the County has not selected the office space for that position yet, and it would be mid-August before that individual is brought in.

Mr. Liveright appeared before the Board and stated that he hopes that the chosen individual will coordinate their efforts with the Chambers and work closely with them.

Ms. Puterbaugh appeared before the Board and noted that the Leesburg Chamber of Commerce has extra office space, and would be glad to temporarily provide space for that position if necessary.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to establish the position of Tourist Development Director, and to proceed with the hiring process of Director and Secretary III.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to amend the


budget to transfer monies from TDC Contingency to establish the TDC Office for the remainder of FY 89-90.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award and authorize Project #10-90, C-44/C-452/C-452A and SR-19/C-452A intersections, to Superior Asphalt Co., Inc., at a cost of $298,790.56, which was the only bid.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to release Trac Roadbuilders, Inc., from the responsibility of the construction of Project #4-90, and to reassign, authorize, and award the project to Paquette Paving, Inc., for the same amount of $134,551.00, which was the low bid.

COMMISSIONER BUSINESS

MEETINGS/LIBRARIES

Commr. Bakich noted that, due to the complexity of the issue, the date for the Library funding issue needs to be moved to the first meeting in July, which will be July 3, 1990.

Commr. Swartz stated that, the reason for the change is due to staff's inability to reach the cities for the needed information before that time.

COUNTY ATTORNEY MATTERS

CLERK/COURTS-JUDGES

Ms. Annette Star Lustgarten, County Attorney, stated that the Deremo case at the Federal District Court level, was directed in favor of the Clerk and the County, whereby representation was directed by Attorney Chris Ford and Attorney David Kornreich. She further added that the Plaintiffs have filed a Notice of Appeal, which was expected. The County will file for Attorney's fees and costs in the suit since it was determined that the action was frivolous. She added that, the State action is still pending; and


a number of pleadings will be filed for which the Board will be updated on accordingly.

COUNTY ATTORNEY/COUNTY EMPLOYEES/JAILS

Ms. Annette Star Lustgarten, County Attorney, referred to a letter received by the Board from the Teamsters Union representing the Correctional employees, and stated that she has been in touch with the Labor Attorney, David Kornreich, and will be responding to that letter appropriately, based on the position that will be taken by the County.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

COUNTY PROPERTY/PUBLIC WORKS/OUTDOOR RECREATION

At this time, Mr. Jim Stivender, Director of Public Works, appeared before the Board to review a video which his office had made of the Marsh Park Boat Ramp; a clay pit, on State Road 44, in Marion County which was reclamation was done by Lake County; the clay pit at the County property at Highways 19 and 27; and the Public Works Department's new parks and maintenance trucks.

ACCOUNTS ALLOWED/BONDS/HOUSING FINANCE AUTHORITY/RESOLUTIONS

Ms. Lisa Fisher, Executive Director, Orange County Housing Finance Authority, appeared before the Board to discuss the request for approval of a Resolution approving the issuance of $85,000,000.00, in single-family mortgage bonds by the Orange County Housing Finance Authority. She noted that this allocation issue is from a refunded issue that was an Orange County bond issue from 1980. She invited Lake County to participate in this bond issue, noting that Lake County can benefit from such involvement.

Commr. Bakich questioned what percentage of the amount would Lake County expect. To which Ms. Fisher responded that, the amount is not actually divided within the four-County area, and is on a first come, first serve basis.

Ms. Fisher noted that they are attempting to find some lenders in the Lake County area, who would service the Lake County residents, because at this point, the closest lender for Lake County is in the Winter Garden area.


Ms. Fisher estimated that, on today's market, the interest rate would fall at approximately eight and one-quarter percent. She noted that they have placed telephone calls with the Orange Bank Association, Board of Realtors, and Mid-Florida Homeowner's Association and they are attempting to assist in the process.Ms. Fisher noted that she is requesting this Board to authorize the issuance, and approve the comments which were received at a Public Tefra Hearing which was held here, at the Courthouse.

Ms. Fisher stated that the requirements for qualifying for these loans is one must be a first time home buyer whose has not had a primary residence eight years, and holds the proper income qualifications.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the approval of a Resolution approving the issuance of $85,000,000.00, in single-family mortgage bonds by the Orange County Housing Finance Authority.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Tefra Hearing Minutes, as submitted by the Orange County Housing Finance Authority.

ACCOUNTS ALLOWED/ASSESSMENTS/BIDS/ROAD PROJECTS/RESOLUTIONS

The Chairman announced that the time had arrived for the Public Hearing scheduled at 10:00 a.m.

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to award and authorize Project #SA-65, First Street in Astor, to Superior Asphalt, Inc., in the amount of $39,351.40 (low bid), and to accept and record the assessment roll for the project.

No one present in the audience wished to discuss this request with the Board.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award and authorize Project #SA-65, First Street in Astor, to Superior


Asphalt, Inc., in the amount of $39,451.40 (low bid), and to accept and record the assessment roll for the project.

BUDGETS/MEETINGS

Mr. Alan A. Thelen, County Manager, brought up for discussion the dates for the Board to hold budget workshops with the elected officials and County directors.

After considerable discussion, it was determined that the Board schedule the afternoon of July 3, 1990, at 1:00 p.m. to hold a budget workshop with the elected officials; the afternoon of July 10, 1990, at 1:00 p.m. and beginning the morning of July 12, 1990, at 8:30 a.m. with the County directors.

RECESS & REASSEMBLY

At 10:20 a.m. the Chairman announced that the Board would recess briefly until the 10:30 a.m. Public Hearing.

ACCOUNTS ALLOWED/ASSESSMENTS/BIDS/ROAD PROJECTS

At 10:30 a.m. the Chairman announced that the time had arrived for the Public Hearing scheduled at 10:30 a.m.

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to award and authorize Project #SA-68, Palms Mobile Home Estates to Superior Asphalt Co., Inc., at a cost of $79,957.00 (low bid) and to accept and record the assessment roll.

Mr. Stivender noted a correction in the assessment roll on Number 32, instead of 75.60 feet, it should be 76.50 feet with an amount of $1,005.21, rather than $993.38.

No one present in the audience wished to discuss this request with the Board.

On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to award and authorize Project #SA-68, Palms Mobile Home Estates to Superior Asphalt Co., Inc., at a cost of $79,957.00 (low bid) and to accept and record the assessment roll.

RECESS & REASSEMBLY


At 10:40 a.m. the Chairman announced that the Board would recess for Lunch and reconvene at 2:00 p.m.

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

MUNICIPALITIES/ORDINANCES

Mr. Phil Yapkowitz, Lake County Cablevision, appeared before the Board to discuss the questions directed to Lake County Cablevision at a previously held Board meeting.

Mr. Yapkowitz addressed the concerns that Lake County Cablevision is withholding franchise fee obligations due the City of Tavares. He stated that they are in compliance with all franchise fee obligations. He discussed the amounts of franchise fees paid and property taxes paid by Lake County Cablevision. He also discussed the amount of payroll, in which the majority of the employees live in Lake County, and the amount of sales tax which Lake County Cablevision has paid.

Mr. Yapkowitz stated that there misconceptions as to the definition of "gross revenues". He added that Lake County Cablevision pays franchise fees based upon the programming revenues attributable to home shopping channels, not on the retail sale of goods by those channels.

Mr. Yapkowitz noted that he brought the Annual Report of Lake County Cablevision representing franchise fees for 1987, 1988, and 1989, for the Board to review.

Mr. Yapkowitz discussed the rates for basic service and feels that their service has a value that warrants the $18.95 basic rate, and the additional outlet rate. He discussed the customer service which Lake County Cablevision provides its customers and some additional channels which have recently been added and are to be added, which will consist of 36 basic channels.

Mr. Yapkowitz noted that, currently, there is someone in the main office from 8:00 a.m. until 8:00 p.m., and the service department works in the field until 9:00 p.m. He also noted that, a dispatcher is on duty seven days per week, and there is an employee to answer the telephones every day (they have done away


with the answering machine). He also mentioned that, there is a Manager's Hotline (728-6681) for any customer who feels that they cannot get through on the normal lines.

Mr. Yapkowitz discussed a survey which had previously been done by TeleScripps Cable Company in September 1989, and stated that the survey does not reveal customer dissatisfaction. He also discussed a survey which had been done by Lake County Cablevision,

and, of 1,000 sent out, 600 responded, and it did not receive any unfavorable responses.

Mr. Yapkowitz mentioned that, another survey will be performed in September, by an outside firm, as part of an annual customer service poll.

Commr. Swartz questioned how many customers were interviewed in the TeleScripps survey out of the seven regions. To which Mr. Neil Fondren, Director of Administration, Scripps-Howard, responded that 150 customers out of each region was interviewed.

Mr. Yapkowitz introduced the individuals present in the audience representing Lake County Cablevision, as follows: Mr. Neal Fondren, Director of Administration, Scripps-Howard; Mr. Jim Scott, Controller, Lake County Cablevision; Mr. Dave Watkins, Controller of Cable, Scripps-Howard; Mr. James R. Ireland, Attorney, Cole, Raywid and Braverman; and Ms. Marna Topping, Executive Assistant, Lake County Cablevision.

Commr. Swartz questioned how Lake County Cablevision would account for the distinctly different results of their survey and the survey performed by the City of Tavares. To which Mr. Fondren responded that some dramatic changes have been incorporated since the City's survey of September, 1989.

Commr. Swartz questioned the justification concerning the additional outlet charge, which he does not feel should be charged for each additional outlet. To which Mr. Yapkowitz responded that they do not plan on modifying the additional outlet charge, because they do not charge for a large percentage of the service calls, be it a television or cable problem, or on the primary outlet, second, third, or fourth outlet. There are also times that they go out to


a customer's home and discover that there is an illegal outlet and still do not charge for the service call. He stated that, converter boxes are provided free of charge for any customer that has a basic television and desires the additional outlets.

Commr. Swartz stated that, Lake County Cablevision needs to charge those persons with the illegal outlets and reduce the charges for those with the legal outlets.

Mr. Yapkowitz noted that, they do not feel that the charge for additional outlets is unfair, and when they find a home with illegal outlets, they do strip it down so that it is not useable.

Commr. Windram stated that, he is not comfortable with the monopoly situation as it is, because cable is not a necessity, and wondered whether the Board will attempt to regulate prices on an unnecessary service.

Commr. Swartz stated that, there are some areas where cable is a necessity, since some areas do not allow satellite dishes or antennas. He added that, perhaps, Lake County Cablevision could justify a lower additional outlet charge after the first additional hookup.

Commr. Gregg noted that, it was the problems with the lack of service and inability to reach the company on the telephone that brought on this investigation into Lake County Cablevision in the beginning. He discussed some letters received by the Board recently concerning service with the company. He felt the Lake County Cablevision could rearrange their charges where some of the unnecessary expenses are removed, such as the charges for remote controls. He also concurred that it has become monopolized, and a certain amount of regulation is warranted.

Mr. Yapkowitz stated that, when there is a storm and the cable goes out, the telephones are going to become very busy, and even with the additional lines, there may be problems with getting through. He added that, the telephones are answered by the third ring 95 percent of the time, and that 95 percent of the service calls are remedied that same day, and within an hour.


Commr. Swartz questioned when "Lifeline Service" will be available. To which Mr. Yapkowitz responded that it should be available in the early part of 1992, possibly as early as 1991, and they are now in the process of creating such service. Mr. Yapkowitz added that, the savings will be up to 50 percent of the basic current rate for that service for its customers.

Mr. Albert Elleck, a resident of Lake County, appeared before the Board and stated that he currently subscribes to Lake County

Cablevision and is frustrated with the amount of repeated programs that are shown. He also stated that, he feels that the telephone answering has improved. He further stated that, he did not believe the survey conducted by Lake County Cablevision was representative of the County. In addition, he noted that, he will be writing a letter to the Legislative Delegation requesting them to do something about regulating the cable companies.

Mr. Tony Otte, Administrator, City of Tavares, appeared before the Board and discussed the franchise agreement as it related to gross revenues and the definition as to such.

Mr. James Ireland, Attorney, appeared before the Board and discussed the company's interpretation of gross revenues, and cable services. He added that, the company does pay on basic revenues, premium revenues, and additional outlets. The areas that are of concern to the City are in home shopping retail sales, advertising revenues, and installation and equipment rental fees, which are not included in programming and, therefore, are not applicable under gross revenues.

Ms. Annette Star Lustgarten, County Attorney, noted that, she feels that the interpretation may be broader than originally interpreted and that she has not yet had the opportunity to review it to any considerable extent.

Commr. Bakich recommended that, Lake County Cablevision and the County come to a conclusion regarding the interpretation with each group's Attorney.

Mr. Jimmy Conner, Commissioner, City of Tavares, appeared before the Board and stated concerns to the definition of gross


revenues. He added that, the City would like to have all of the financial information available, including the areas that Lake County Cablevision does not include in such payments, in order to determine the amount of monies that they are not receiving.

Mr. Conner invited Commr. Gregg to continue to work with the City of Tavares as the County liaison, and noted that the City has scheduled a Cable Television Committee meeting for June 26, 1990.

Mr. Yapkowitz stated that, Lake County Cablevision will provide the City of Tavares with the requested retroactive revenues in the areas of installation charges and home shopping revenues.

Mr. Mike Stearman, Manager, City of Eustis, appeared before the Board and stated that, he would also like to be provided with the discussed information, and that all of the cities should work together on this shared financial interest.

Ms. Lustgarten informed those present that, Friday, June 15, 1990, at 9:00 a.m., there will be a meeting with the existing franchise cable television agreement holders, for the purpose of reviewing the proposed draft ordinance concerning cable television.

Discussion occurred concerning small subdivisions or mobile home parks which may provide a cable television service that are not franchised.

No action was necessary at this time.

BUDGETS/CLERK/MEETINGS

Commr. Bakich stated that, the Clerk has requested to present his budget on Tuesday, June 26, 1990, rather than on Tuesday, July 3, 1990. To which it was the consensus of the Board to allow them to present their budget on that date at 9:00 a.m, and to allow any of the other elected officials to present their budget on that date should they so desire.

DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS

Mr. Jim Stivender, Director of Public Works, informed the Board, concerning a previous item in May with a Mrs. Kent, on SR- 44A, that the County has been awarded an easement today, and they will be able to begin the creation of swell lines.


RECESS & REASSEMBLY

At 3:15 p.m. the Chairman announced that the Board would recess until the scheduled 5:05 p.m. Public Hearing.

ORDINANCES/OUTDOOR RECREATION/PLANNING & DEVELOPMENT

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board to discuss the proposed ordinance regarding boat docks, ramps, and recreational areas. He added

that, due to a prior discussion, the setback has been changed from 50 feet to 100 feet.

Commr. Windram stated that, potentially, a property owner could deed a 200 foot width, plus the width of the facility, if there was one parcel on the lake. To which Ms. Lustgarten responded that, if it is a common boat dock, within a subdivision, adjacent to residential development outside of the subdivision, the 100 foot setback from the applicant's property line would apply.

Ms. Lustgarten stated that, common boat docks must be totally within a subdivision, and if that particular parcel where the boat dock or ramp is going to be located is adjacent to property that is not actually within that subdivision, there would have to be a 100 foot setback, but a common boat dock will not be permitted that is not totally within a subdivision. She further stated that, common boat docks, ramps, and recreational areas, will now be required to be within a subdivision, and the normal setbacks for that zoning district would apply. If the property is adjacent to residential property outside of the subdivision, then the 100 foot setback would apply.

Mr. Dale Ladd, a concerned property owner, appeared before the Board and stated his concerns to some property he owns on Lake Louisa, for which a lakefront lot, of 75 feet, was deeded to surrounding property owners to be used as a recreational area. He further stated that, with this proposed ordinance, then intent of that lot will be taken away. He noted that the property in question is in the process of being platted at this time.


Considerable discussion occurred concerning Mr. Ladd's predicament and problems associated with such.

Ms. Lustgarten stated that, if one was to put permanent facilities on a lot that are accessories to a residential use, which is the main purpose of the R-1-7 lot, they must be accessory to the main existing residential structure on that lot. Therefore, the property cannot be used for purposes other than those that are accessory to an existing residential home, and the principal structure must be there first.

Mr. Bob Cock, a resident who lives next to the lot referred to by Mr. Ladd, appeared before the Board and stated his views on the use of the property in question.

Mr. W. R. Waterson, another resident in the area of the lot, appeared before the Board to express his displeasure to the recreational uses intended for the property in question.

Mr. William Strausberg, co-owner of the property in question, appeared before the Board and stated that they had no proper access to the lake until 1975, which was previously accessed through a grove. He also discussed the agreement which was arrived at concerning the recreational use of the property.

Ms. Cecelia Bonifay, Attorney representing Tony Hubbard, as well as other Lake Countians interested in this ordinance, appeared before the Board to discuss the grandfathering provision, and the common boat dock subsection D. She also discussed concerns to the view that a property owner may not have the ability to put in a boat dock or ramp because they do not have the proper setback requirement, or those that want to build the boat dock first then, construct the dwelling later.

Commr. Swartz made a motion, which was seconded by Commr. Bailey to approve and adopt Ordinance 1990-12, relating to boat docks, boat ramps and common recreational areas.

Under discussion, Commr. Gregg questioned whether, if the property has been deeded to the property owners as common usage,


would that deny them the use of it should they decide to construct a dock. To which Ms. Lustgarten stated that, the use would be permitted, because it is part of a recorded plat, if it had been determined that the common usage was for recreation. Commr. Gregg noted that, he would like to see some language incorporated into the ordinance to clarify such.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to amend the proposed ordinance to add "or common elements" after "recreation uses".

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

The Chairman called for a vote on the motion on the floor, which was carried unanimously, to approve and adopt Ordinance 1990-12 on its first and final reading, as amended, by title only:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING APPENDIX B, THE ZONING REGULATIONS, LAKE COUNTY CODE, REGULATING THE LOCATION OF BOAT DOCKS, BOAT RAMPS AND COMMON RECREATIONAL AREAS; PROVIDING FOR AMENDMENT TO ARTICLE VII, GENERAL PROVISIONS, BY CREATION OF SECTION 70.43, BOAT DOCKS AND RAMPS; PROVIDING FOR LIMITATIONS ON THE LOCATION OF PRIVATE BOAT DOCKS AND RAMPS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:00 p.m.


                               MICHAEL J. BAKICH, CHAIRMAN



ATTEST:



                              

JAMES C. WATKINS, CLERK


LS/6-15-90

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