A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 19, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, December 19, 2000, 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: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Welton G. Cadwell; and Debbie Stivender. Commissioners not present: Jennifer Hill. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, requested that Tab 33 regarding the application for the Florida Department of Transportation 5310-5311 Transit Grant Applications FY 2001/2002 be withdrawn and noted that it will be rescheduled at a later date. Ms. Whittle informed the Board that there is an addendum to the agenda for today.

MINUTES

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Minutes of November 21, 2000, Regular Meeting, as presented.

Commr. Hill was not present for the discussion or vote.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of November 28, 2000, Regular Meeting, as presented.

Commr. Hill was not present for the discussion or vote.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of December 1, 2000, Board Retreat, as presented.

Commr. Hill was not present for the discussion or vote.

CLERK OF COURTS' CONSENT AGENDA

CLERK OF COURTS' DEPARTMENTAL BUSINESS

Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, informed the Board that there were no changes to Tab 2, the Consent Agenda and that she would like to pull the Departmental Business, Tab 3, and postpone the discussion of the purchase of the First Union National Bank property until the next Board meeting, January 9, 2001.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, with Commr. Hill not being present for the discussion or vote, the Board approved the Clerk of Courts' Consent Agenda, Tab 2, Items 1 through 4, for the following requests, and pulling Tab 3, as noted above:

Accounts Allowed

List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.



Bonds - Contractor



New



4736-01 Darrell Chandler dba Chandler Electric (Electrical)

4984-01 Eddie T. Palmateer/Ace Heating & Air Conditioning Inc. (HARV)

5305-01 Kenneth Welker dba U & R Electric, Inc. (Electrical)

5728-01 Robert E. Shaffer dba Myriad Electrical (Electrical)

5805-01 Douglas J. Stalford dba Stalford Construction Inc.

5806-01 Dial Coley Johnson - Cool Air of Ocala, Inc.

5807-01 Jody MacLaughlin - AAA Electric



Riders



1658-01 John Howton dba Howton Electric (anniversary date)

5785-00 Steve Allen dba Steve Allen Construction, Inc. (address change)



Cancellations



1782-00 Sip Townsend Electric

1931-99 Tommy D. Tamsett & Tamsett Plumbing & Electric, Inc.

5514-00 Lennart H. Petterson

5734-00 Richard Carver II - Carver Services



Accounts Allowed/Courts-Judges



Request to approve and authorize proper signatures on Release of Fine - Robert Dennis Eggleston, deceased; and Vicki J. Eggleston - Reduction of Order of Fine, in the amount of zero dollars ($0.00), dated November 21, 2000, and recorded in Official Records Book 1882 pages 1501 through 1502, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 27th day of November, 2000.



Accounts Allowed/Courts-Judges



Request to approve and authorize proper signatures on Satisfaction of Judgment - Case No. 81-798CJ - In the Interest of Philip J. Jackson, A Child, in the amount of $150.00, against Phillip J. Jackson and his parents Louann Hyatt, Final Judgment entered on the 23rd day of November, 1987, and recorded in the O. R. Book 738, page 1987, of the Public Records of Lake County, Florida.



COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, with Commr. Hill not being present for the discussion or vote, the Board approved the County Manager's Consent Agenda, Tabs 4 through 26, and Addendum No. 1, for the following requests:

Community Outreach

Request for approval of transfer of cable television franchise from Galaxy Telecom, L.P. (Galaxy Telecom) to Galaxy American Communications L.L.C. (Galaxy American).



Contracts, Leases & Agreements/Grants/Community Services/Municipalities



Request for approval of the Interlocal Agreement between the County and the Town of Montverde authorizing the County to use the Town's CDBG entitlement to construct ADA-compliant restrooms at the Montverde Community Building.



Contracts, Leases & Agreements/Community Services



Request for approval and authorization of signature on the Agreement between We Care of Lake County, Inc. and County to provide a portion of the funding for central program office coordination activities of the comprehensive case management system for primary care response models.



Contracts, Leases & Agreements/Emergency Services



Request for approval of lease of Fire Station #47 for use as a youth center by Life Ministries, Inc. The station will continue to be used by 4-H, Crime Watch, and the Supervisor of Elections on a limited basis.



Contracts, Leases & Agreements, Municipalities/Grants/Facilities & Capital Improvements



Request for approval to execute an Interlocal Agreement between Lake County and the City of Clermont. Recipient of the grant for FY 2000/2001.



Request for approval to execute an Interlocal Agreement between Lake County and the City of Tavares. Recipient of the regional grant for FY 2000/2001.



To execute an Interlocal Agreement between Lake County and the City of Eustis and the Town of Howey-in-the-Hills. Recipients of the grant for FY 2000/2001.



Facilities & Capital Improvements/Libraries/Contracts, Leases & Agreements



Request for approval to execute change order to Mark Cook Builders for increase in Scope of Services necessary to complete the Law Library project.



Facilities & Capital Improvements/Communications



Request for approval to transfer money from the Building Maintenance Reserve account to (410) Communication account lines for service costs for Nextel radio/cell phone service for the department.



Budget Transfers/Emergency Services



Budget transfer from Contingency - County Fire Control in the amount of $1,937.00 to Machinery & Equipment, Department of Emergency Services, County Fire Control in the amount of $1,937.00. Funds are needed for memory and disk drive for Sun computer system used for CD Plus system used by Building, Solid Waste, Assessment and Emergency Service. Costs will be shared - this amount is Emergency Services' share. Contingency - County Fire Control - balance after this transfer: $1,844,340.



Budget Transfers/Capital Improvements



Budget transfer from Building Maintenance Construction Reserve in the amount of $28,450 to Communications (various cost centers), Department of Capital Improvements, General in the amount of $28,450. Funds are needed for Nextel radio service to meet department safety, efficiency and communication needs. Funds available in the Building Maintenance Construction Reserve Balance in the Building Maintenance Construction Reserve account after this transfer; $32,550. Contingent upon Board approval of Agenda Item 2001-115A on December 19, 2000.





Budget Transfers/Sheriff's Department/Municipalities



Budget transfer from Police Services - Montverde in the amount of $5,000 to law Enforcement - Personal Services, Constitutional Officers/Sheriff, General in the amount of $5,000. The Sheriff is requesting a transfer in the amount of $5,000 from Police Services - Montverde to Law Enforcement - Personal Services. The Sheriff has received $5,000 from the Town of Montverde. Per the Sheriff's agreement with the Town of Montverde, these funds are for rendering law enforcement services within the corporate limits of the Town.



Impact Fees/Accounts Allowed



Request for approval of Impact Fee Refund Request from Walter J. and Joan R. Schwegman in the amount of $2,328.35. Impact fees were incorrectly charged. New construction is replacement for demolished home (demolition permit included - Leesburg Permit #00-00000179 dated 2/22/00). No impact fees should have been paid.



Impact Fees/Accounts Allowed



Request for approval of Impact Fee Refund Request from Leesburg Homes in the amount of $1,561.03. A building permit was issued for a three bedroom home on June 28, 2000. Additional charges were added for a four bedroom home in error on August 7, 2000 on the same permit. Refund amount paid in error.



Contracts, Leases & Agreements/Roads-County & State/Procurement Services



Request for authorization to award RFP #00-094, encumber funds and authorize a contract, subject to County Attorney approval, to Berryman & Henigar, Inc. to provide engineering services for road design at Lake Kathryn.



Contracts, Leases & Agreements/Growth Management/Deer Island



Request for approval of Settlement Agreement, Case No. SM-4-00, between the Deer Island Golf Course Partnership and Lake County.



Accounts Allowed/Contracts, Leases & Agreements/Resolutions/Subdivisions

Roads-County & State



Request for authorization to accept the final plat for Pineloch Phase II Subdivision, execute a Developer's Agreement between Lake County and McDermott/Ladd land Trust Two for Maintenance of Improvements, accept a letter of credit for maintenance in the amount of $8,720.00, and execute Resolution 2000-216 accepting Pineloch Loop "Part" (County Road Number 2-0840H) into the County Road maintenance system.



Accounts Allowed/Contracts, Leases & Agreements/Bonds/Resolutions/Subdivisions

Roads-County & State



Request for authorization to accept the final plat for Sunset landing Subdivision, execute a Developer's Agreement between Lake County and the Lelani G. Travers & John W. Travers, Jr. for Maintenance of Improvements, accept a maintenance bond in the amount of $4,980.00, and execute Resolution 2000-217 accepting Sunset Lake Boulevard (County Road Number 2-2309) into the County Road maintenance system.



Accounts Allowed/Subdivisions



Request for authorization to release a letter of credit for maintenance in the amount of $30,152.50 that was posted for Crescent Lake Club Second Addition Subdivision.



Road Vacations - Permission to Advertise - Resolutions



Request for approval to advertise Road Vacation Petition No. 919 by Kenneth E. Bosserman to vacate rights of way recorded in the lake Highlands Company located in S28, T22, R26, in the Clermont area - Commission District 2, Resolution 2000-222.



Request for approval to advertise Road Vacation Petition No. 944 by Denis D. & Nancy B. Gray to vacate an easement recorded in the Plat of Groveland Farm located in S4, T23S, R25E - Commission District 2, Resolution 2000-223.



Request for approval to advertise Road Vacation Petition No. 945 by Stokes Groves of Eustis, Inc., Lowell A. Stokes, President to vacate a portion of streets and lots in the S. E. Hewett Lands Subdivision and Oakdale Park Subdivision lying in S27, T19S, R26E - Commission District 3, Resolution 2000-224.



Request for approval to advertise Road Vacation Petition No. 947 by Tracy A. or Robert Seidle to vacate easements recorded as part of a lot split off Nellie Oaks Bend located in S24, T23, R25 located in the Clermont area - Commission District 2, Resolution 2000-225.



Request for approval to advertise Road Vacation Petition No. 948 by H. L. and Carol M. Gentry to vacate right of way recorded in Okahumpka Terrace located in the Okahumpka area in S15, T20S, R24E - Commission District 2, Resolution 2000-226.



Request for approval to advertise Road Vacation Petition No. 949 by Mayor Glenn Irby to vacate right of way recorded in the City of Minneola located in S8, T22S, R26E - Commission District 2, Resolution 2000-227.



Request for approval to advertise Road Vacation Petition No. 950 by Millard and Sally Cosby to vacate utility easement recorded in the Sunshine View Subdivision, First Addition located in S32, T22, R26 in the Clermont Area - Commission District 2, Resolution 2000-228.



Deeds/Rights-of-Way, Roads & Easements/Subdivisions



Request for authorization to accept the final plat for Cherry Lake Shores Subdivision and a Conservation Easement Deed from Cherry Lake Land Trust.



ADDENDUM NO. 1



Deeds/Rights-of-Way, Roads & Easements/Municipalities/Facilities & Capital Improvements



Request for approval to issue a Conservation Easement Deed to Charles A. Stokes for 15 acres of land historically known as "Mohawk", fronting on Plum Lake, and adjoining the Town of Minneola.



In regards to the Addendum item, Commr. Pool extended his thanks to the Stokes family who set aside the land in a Conservation Easement for the County, and in perpetuity for the use of the public. He noted that Mr. Stokes was a former Commissioner many, many years ago, and his grandson is now a Commissioner in Pennsylvania.

Commr. Pool noted that Ms. Helen Pierce, Mayor of Montverde, and Mr. Glen Irby, Mayor of Minneola, were present today.

PUBLIC HEARINGS - ROAD VACATIONS/RESOLUTIONS

PETITION NO. 939 - WILLIAM & ADDIE EDWARDS - LADY LAKE AREA

Mr. Jim Stivender, Senior Director, Public Works, was present to discuss Petition No. 939, by William and Addie Edwards, to vacate public right-of-way located in the Lady Lake area. Mr. Stivender stated that the request was postponed from last week, and Lady Lake has now gotten their permits, and staff is ready to move forward with this petition. Mr. Stivender stated that The Town of Lady Lake now has access from Rolling Acres Road along the east side of the property, therefore, the access to the south is not necessary.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was not present.

There being no public comment and no opposition to the request, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved Petition No. 939 by William and Addie Edwards to vacate public right-of-way recorded in S18, T18, R24E located in the Lady Lake Area - Commission District 5, Resolution 2000-218.

Commr. Hill was not present for the discussion or vote.

PETITION NO. 943 - RONALD AND MELISSA MOSS - UMATILLA AREA

Mr. Jim Stivender, Senior Director, Public Works, was present to discuss Petition 943, by Ronald and Melissa Moss, to vacate and cease maintenance on a portion of County maintained clay road in the Umatilla area partially dedicated by the Plat of Dream Lake Poultry Ranches. Mr. Stivender showed the Board an aerial and explained that one of the concerns by everyone has been the access point at State Road 450 to the north, and the drainage in this area. He stated that the Moss family has agreed to grant an easement in the corner, so the County can turn the road and better align it with State Road 450. At the same time, the County is going to surface treat a section of this roadway and stabilize it, because Golden Gem Growers uses it as access in this area. The dedication of right-of-way in this corner gives the County an opportunity to improve the intersection and address the drainage problems. Mr. Stivender noted that there is an alternate access to State Road 450, and staff felt that this was additional road that the County was maintaining, and it has no right-of-way on it, so the County would like to take it out of the maintenance system and vacate it. Mr. Stivender noted that there is a petition in the backup material that was received by staff yesterday, from the Altmans, in opposition to the request. He further noted that this issue came before the Board a couple of years ago.

Commr. Cadwell stated that this issue was before the Board six or seven years ago, and he was not in favor of the request, because at that time, there was a dispute with the Altmans in regards to how they would get to their property. Even at that time, the County was going to realign the intersection, and the Moss family had agreed to it, but it was not done at that time. Commr. Cadwell stated that it was his understanding that this has been settled, and the Altmans do have access to their property. He noted that the section of road being closed runs through a beautiful oak hammock. He stated that, by double surface treating the road, he wanted to know how much the County was going to be able to do realistically in the first round.

Mr. Stivender stated that he would like to at least get the section down around the corner to take care of the hill, and it may take a couple of weeks.

Commr. Cadwell stated that, if there is enough money, he would like to see the whole loop done at that time.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present with their representative.

Ms. Terry Neal, Attorney in Leesburg representing the Moss family, addressed the Board and stated that there are several reasons for closing off this portion of Umatilla Road. From her clients' point of view, it bisects their property and cuts it in half, and there are also some safety concerns, because the road is about 18 feet wide and is clay, and there is an awful lot of drainage during storm periods that come off into the hammock and wetland area. Ms. Neal stated that there is a lot of dumping on this road, and testimony can be given to these facts. She stated that some of the concerns of the opposition here today is not only the easements and the turn outs in getting up to State Road 450, but there was also concern about the expansion of Florida Rock and the sand mine issue, and she wanted everyone to know that this has nothing to do with the sand mine. Ms. Neal stated that this is strictly to stop the bisecting of the property to address some of the safety issues in the area, the dumping, and the narrowness of the road. Ms. Neal noted that Mr. Stivender also got a letter yesterday from Golden Gem Growers, and they have indicated in their letter that, if they can get the turn radius at State Road 450 done, it will be sufficient for them to haul the fruit in and out of the Altman's grove. Ms. Neal stated that the Altman family and the Moss family have been involved in some litigation over part of the lake that is right below that road, and that issue has been finalized. They have all signed a licensed agreement, which gives the Altmans a license to come in and out as they choose to work their grove, which will alleviate some of their concerns about the grove work. She stated that she would like the opposition to give their concerns, and to reserve some time for rebuttal.

Commr. Cadwell questioned what kind of time frame the County is on for the intersection and double surface treating the road.

Mr. Stivender stated that it would be January, and staff would like to leave everything open, until they can put the new road in place.

Mr. Adam Altman appeared before the Board and stated that his father is the land owner of Parcel F, which abuts the boat ramp. Mr. Altman stated that Umatilla Road has been a road for over 100 years, and he wanted to know how the County could take a historical route from Ocala to Umatilla, and he wanted to know why the County would want to spend all of this money on an intersection that nobody uses. He stated that, if there is a water problem on the north side of State Road 450, it needs to be fixed from that point. Mr. Altman stated that it is a shame that they have to come back and waste their time again to confront this issue. He stated that, in regards to the dumping issue, it is a mess along the fence. Mr. Altman stated that there were other people older than him that could not be here today that could have spoken to the issue.

Ms. Cathy Warren appeared before the Board and stated that she owns the property across the road from the Moss family. Her concern is that, unless they are willing to give up a significant part of their land to have the easement, with the way the land rolls through there, it was not going to be safe for anyone to pull out and either go towards town or go west toward Marion County, because you cannot see either way.

Mr. Stivender explained that, with the additional right-of-way that has been given along State Road 450, there will be plenty of room in the corner to make that turn work. He further explained that the water will also be draining to the left of the intersection, so staff will be able to control the water a lot better than they have in the past. He noted that the County has the necessary deeds.

Ms. Warren stated that it still will not be as safe as using Umatilla Road to come out on State Road 450, which is her main concern.

Ms. Mary Altman appeared before the Board and stated that her son, Adam, stated almost all that she was going to say today, but she did want to say that, when they had access to the lake, they kept it neat and clean and mowed, and now they hardly ever use it. Ms. Altman stated that it is now a mess, and she objects to the road being closed, because it is a beautiful, historical road, and she would like it kept open for safety reasons, and for the children and the people.

Mr. James Altman appeared before the Board and questioned what the County is going to do with all of the sand that is going to be draining from Rigdon Road into the culverts.

Mr. Stivender explained that their plan is to eliminate that washing situation by surface treating the road. He noted that there is an existing culvert under State Road 450.

Mr. Altman stated that there is a high hill towards the west, and you cannot see oncoming traffic, and on the east side, it comes around a sharp curve where the oak hammock is located, and if you make a right or left turn, you are going to be facing oncoming traffic. There is a very dangerous passing section on State Road 450.

Mr. Stivender noted that, when staff is looking at an intersection, it always looks at visibility and safety, and if a double yellow is needed, staff will do it.

Ms. Neal stated that, as Mr. Stivender has indicated, he is actually making the intersection a little safer on State Road 450 and directing the traffic and taking care of the wash problem and some of the water problems that exist there now. She stated that, even if this road is a historical road, and there is a lovely little hammock that comes through there, from a public safety issue, directing the traffic onto State Road 450 and clearing up that intersection with the donation of right-of-way is actually better for everybody out there.

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

Commr. Stivender disclosed that she did talk with Mr. Moss a couple of weeks ago about this request.

It was noted that, because this was not a land use issue, the noted disclosure would not interfere with Commr. Stivender voting on the issue.

Commr. Cadwell stated that he understands that this is an emotional issue, because of what the Board went through with the sand mine, and the ongoing problems between the Moss family and the Altman family, in regards to access to that property. He stated that this problem has been solved and this is a beautiful oak hammock, and historically, nobody uses that road very much anymore. He stated that, by approving this request, the County is going to rectify two unsafe intersections, and while the new intersection is not ideal for the actual situation out there, it is better than either of the others.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved Petition No. 943 by Ronald and Melissa Moss to vacate and cease maintenance on a portion of a county maintained clay road in the Umatilla area partially dedicated by the Plat of Dream Lake Poultry Ranches, in S5, T18S, R26E - Commission District 5, Resolution 2000-219.

Commr. Hill was not present for the discussion or vote.

Mr. Stivender stated that staff would like to be able to keep the road open while the new intersection is being put into place.

Mr. Sandy Minkoff, County Attorney, suggested an effective date of 90 days on the Resolution, which would give adequate time.

PETITION NO. 946 - LAKE COUNTY DEPARTMENT OF PUBLIC WORKS

Mr. Jim Stivender, Senior Director, Public Works, was present to discuss Petition No. 946, by the Lake County Department of Public Works, to vacate right-of-way recorded in the Plat of Fruitland Park Tropical home sites. Mr. Stivender stated that this was excessive right-of-way that was required, but it was not necessary for the road, and staff was recommending approval to vacate.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment.

There being no public comment and no one in opposition to the request, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved Petition No. 946 by Lake County Department of Public Works to vacate right of way recorded in the Plat of Fruitland Park Tropical home sites located in S5, T19, R24 - Commission District 1, Resolution 2000-220.

Commr. Hill was not present for the discussion or vote.

REZONING

CASE NO. CUP#00/12/1-4 SAMMY DEAN HART - CUP IN A

TRACKING #99-00-CUP



Ms. Sharon Farrell, Senior Director, Growth Management, stated that this is a request for a CUP in A (Agriculture) for a mobile home for temporary care of the infirm, on five acres in Pine Lakes. Ms. Farrell stated that staff was recommending approval; there was no opposition; and the Planning and Zoning Commission recommended approval 10 to 0.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment.

Mr. Sammy Hart, applicant, addressed the Board and stated that he would answer questions of the Board. Mr. Hart explained that his parents come to Florida and spend four to six months with him after the holidays, and his father is disabled. He was requesting to leave the mobile home on the property for his father, as long as he lives. Mr. Hart explained that he lived in the mobile home, until he built his house, and he was not requesting to keep the mobile home to rent. Mr. Hart stated that the mobile home has been there since 1986, and they moved into their home in April. He stated that another relative takes care of his father up north during the other months.

Ms. Betty Frances appeared before the Board and stated that, about three years ago, she and her husband put all of their life savings into buying Lot 39 and Lot 41 in St. Johns River Acres, because they wanted to live in the country. Ms. Frances explained that just recently the Board allowed a variance for an infirm parent on Lakeview Road, and she has no doubt that they are infirm, but there are also three vehicles at that mobile home for that infirm parent, so obviously other people are living there as well. She stated that this has destroyed her quiet country road. Ms. Frances stated that she sees this as a "domino" effect, and she sees this as the loophole that needs to be closed. She does feel that children should take care of their parents, but not by putting a mobile home in the backyard. She feels that an infirm parent would be better cared for inside their home. She stated that everyone knew when they moved into St. Johns River Acres that it was one dwelling per five acres, and they want to keep it that way. Ms. Frances stated that right now the County is allowing double density, and it will destroy the quality of life that they have there, and she adamantly opposes it.

Commr. Cadwell questioned what should be done when a parent wants to live somewhat independently from the family.

Ms. Frances stated that the applicant has a nice large home and many people add a mother-in-law suite, or something, and from the sale of a mobile home, it would be possible to build this suite in character with the home.

Ms. Jane Grove appeared before the Board and stated that she lives in St. Johns River Acres, and she had a mobile home there for ten years, until they built their home. Ms. Grove stated that she agrees with Ms. Frances that, if the County keeps allowing people to keep their mobile homes, or to add a mobile home for an infirm, the density is going to double, and she knows that there are a lot of people that would use that as an excuse to have an extra mobile home that they could use as rental property. Ms. Grove explained that the applicant just built a big home, and he knew that his parents were infirm when he built it, so he should have made accommodations for them to live in his house with him. She stated that she was definitely opposed to this request.

Mr. Hart stated that the reason his father did not want to live in his house was because he has four teenage daughters. He stated that, as far as the traffic on the road, he has the first lot when you turn off of State Road 44, and his parents only have one vehicle. He has no objection to having someone check on the use of the mobile home, and his parents are only here for the cold winter months. He did understand that he would have to pay for a yearly inspection under the CUP.

Commr. Hanson stated that her concern was that it would be used only for a short time during the year. She stated that generally when the Board has allowed a CUP, it was done for those that were using it full time all year, and generally a hardship case.

Mr. Hart stated that he and his relatives try to split up the responsibility of caring for his parents, and after his brother was killed, he had to take his daughter to raise.

Commr. Hanson stated that the intent was to create help for a hardship case and, because it is only for part of the year, she does not really see it as a hardship case, and she has some concerns about it.

Commr. Cadwell stated that, if you look at it like they are coming down here for vacation, it would be one thing, but they are being sent down here to give his relatives some relief, and if they lived here full time, Mr. Hart would be caring for them full time.

Commr. Hanson stated that she would rather see a mother-in-law quarters added onto the house, particularly if it is not a hardship case.

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

Commr. Hanson stated that the request is in District 4, and she has concerns about it, even though she does not feel strongly against it.

Commr. Pool stated that the Planning and Zoning Commission recommended approval of the request 10 to 0, and he questioned whether or not the people in the audience in opposition to the request heard about the hearing. He stated that a letter from the opposition would have notified the Planning and Zoning Commission that there was a problem.

Mr. Hart stated that he had a letter to submit from his neighbors, Larry and Lora Fox, who have no problem with them retaining both dwellings on their property.

Commr. Pool stated that this is not a permanent situation as he sees it, however, if traffic is a concern, then six or seven months out of the year, they will not have that traffic. If it sits as a nice mobile home, then it is not a nuisance to the neighborhood on an interim basis.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 3-1 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved CUP#00/12/1-4, Sammy Dean Hart, a request for a CUP in A (Agriculture) for a mobile home for temporary care of the infirm, Tracking #99-00-CUP, Ordinance 2000-115.

Commr. Hanson voted "no".

Commr. Hill was not present for the discussion or vote.

CASE PH#54-00-2 RHONDA & PURSEY MOSS, JR. - A TO R-1

TRACKING #97-00-Z



Ms. Sharon Farrell, Senior Director, Growth Management, stated that this is a request for rezoning from A (Agriculture) to R-1 (Rural Residential), to split the property in half. Ms. Farrell stated that it is on John's Lake Road in urban expansion, and it meets the Comprehensive Plan and the Land Development Regulations (LDRs). She stated that the Planning and Zoning Commission approved it 10 to 0 with no opposition.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present.

There being no public comment and no opposition to the request, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#54-00-2, Rhonda and Pursey Moss, Jr., a request for rezoning from A (Agriculture) to R-1 (Rural Residential), Tracking #97-00-Z, Ordinance 2000-116.

Commr. Hill was not present for the discussion or vote.

CASE PH#56-00-3 DONNELL CHILDERS - AMENDMENT TO CP ORDINANCE #12-90 - TRACKING #98-00-CP/AMD



Ms. Sharon Farrell, Senior Director, Growth Management, stated that this is a request for an amendment to CP Ordinance #12-90 to add the following uses: vehicular sales, consumer services and repair, personal care services, professional office, retail convenience, and retail general. Ms. Farrell noted that Mr. Nick Magrone was present representing the owner. She referred to the proposed Ordinance and stated that, on page 2, the first three items under land uses, personal care services, professional office, and retail general, were recommendations made by staff, however, at the Planning and Zoning Commission meeting, they added vehicular sales with no service or repair, at the applicant's request. She noted that staff recommended approval to amend it, for those three uses, and because there is some RP zoning in close proximity, staff had some concerns of introducing sales of automobiles at the entry way to this particular property. Ms. Farrell noted that there were four letters of opposition in the backup.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicants were present, and there was no one present in opposition to the request.

Mr. Nick Magrone appeared before the Board and explained that the site had been a bread store for about ten years, and the owner was under the impression that it was zoned commercial. When the applicant contacted him to market the property, for several months there was a lot of interest shown in it, but when they came to the County, they were told that it had to be rezoned, and this was a deterrent to the sale and marketing ability of the property. Mr. Magrone stated that the seller is a resident of West Palm Beach and was taking care of his ill wife and asked him to see what he could do. He met with staff, and they developed a plan to have it rezoned with the use as general retail. The next prospective buyer was told by the County that he would have to rezone it, because general sales would not allow vehicular sales. Mr. Magrone explained that the buyer has a very small boutique type of car business, and after talking to the seller, the request was amended. There are several other vehicle and automotive sale businesses in close proximity. Mr. Magrone requested that the Board approve the request for vehicular sales, and he has no problem with no service or repair.

Mr. Charles Mason appeared before the Board and stated that he is the person who made the offer on the property. Mr. Mason stated that right across the street from the property is a Jeep dealership, and on the left side is the tire store/repair facility for automobiles. He stated that diagonally to the right across the street is an electrical construction company, and behind it is a salvage yard, and down the street on the same side is Colby Corvettes, and therefore, it is not a residential area. Mr. Mason stated that he would like to have a small, upscale used car lot without repair facilities, and he has no problem with this being included in the zoning ordinance.

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

Commr. Hanson stated that she has a concern, and she can see the concern of those that have offices around it, in that, on that side of the road, other than the tire business, there are basically professional offices, but yet with the services around it, it is quite a mix. She stated that she would not be in opposition to the request.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#56-00-3, Donnell Childers, a request for an amendment to CP Ordinance #12-90, with the professional office, personal car care, retail general sales, and vehicular sales with no service or repair, and no outside storage, Tracking #98-00-CP/AMD, Ordinance 2000-117.

CASE PH#50-00-1 CHARLENE FLINT, OWNER (JOHN W. GARDNER, APPLICANT) - TRACKING #89-00-Z



Ms. Sharon Farrell, Senior Director, Growth Management, stated that this is a request for rezoning from R-1 (Rural Residential) to R-7 (Mixed Residential) to allow construction of a single-family residence.

Commr. Cadwell stated that, before the Board begins to hear the case, he wanted to disclose that his mother was on the list of those who were notified as an effected property, and after looking at it and the proximity to it, he will recuse himself from voting in this case.

Ms. Farrell stated that the property is along Eagles Nest Road, and staff has visited the site. She stated that staff is recommending denial of the request, and all of the properties to the northeast and west are developed with conventional single-family residences with R-1, R-2 and R-3 zoning. Staff feels it would create an incompatible use and basically spot zoning along that segment of roadway. Ms. Farrell stated that there was a lot of discussion at the Planning and Zoning Commission meeting, and the opposition in the backup include nine letters and one petition with 23 signatures, and the Planning and Zoning Commission did not recommend approval, with the vote being tied 5 to 5.

COMMISSIONERS

At 9:49 a.m., it was noted that Commr. Cadwell left the meeting.

CASE PH#50-00-1 CHARLENE FLINT, OWNER (JOHN W. GARDNER, APPLICANT) - TRACKING #89-00-Z (CONTINUED)



At this time, Ms. Farrell showed a video, which took the Board basically up and down Eagles Nest Road.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment It was noted that the applicant and representative were present.

Mr. Robert Cyrus, Attorney representing the applicant, addressed the Board to discuss the request.

Commr. Hanson noted that there were only three Commissioners present, with the District Commissioner Jennifer Hill not being present, and Commr. Cadwell recusing himself from the vote. She stated that the applicant may want to consider postponing the case, until the District Commissioner, Commr. Hill, was present, with the final decision being made by the Board. She noted that there were individuals present in the audience who were in opposition to the request.

Mr. Cyrus stated that the applicant would prefer to postpone the case until the next meeting, since there are only three Commissioners present.

Commr. Pool questioned whether any public comment could be made today, so that those present would not have to come back.

Commr. Hanson felt that, if the Board started the case, then it needed to hear the entire presentation and take action.

Commr. Pool stated that, without the District Commissioner, he did not feel it would be fair to try and go forward with the opposition, and he would prefer to table it, so that the District Commissioner can be here to have a voice in this request.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried by a 3-0 vote, the Board approved to table Case PH#50-00-1, Charlene Flint, Owner, and John W. Gardner, Applicant, a request for rezoning from R-1 (Rural Residential) to R-7 (Mixed Residential) to allow construction of a single-family residence, Tracking #89-00-Z, until January 23, 2001, at 9 a.m., or soon thereafter.

Commrs. Hill and Cadwell were not present for the discussion or vote.

Commr. Hanson informed those present in opposition to the request that the District Commissioner will be present for the January 23rd meeting, and there will be four Commissioners, with one recusing himself from voting. She further noted that the case would not be postponed again.

CASE PH#52-00-4 GERALD R. COBB - AMENDMENT TO EXISTING CP ORDINANCE #78-86 - TRACKING #91-00-CP/AMD



Ms. Sharon Farrell, Senior Director, Growth Management, stated that this is a request for an amendment to the existing CP ordinance #78-86 to include limited C-1 and C-2 uses, with the uses, as underlined in the proposed Ordinance, that were approved by the Planning and Zoning Commission, and also to allow the continued use of the tractor sales. Staff is recommending approval and the Planning and Zoning Commission recommended approval 10 to 0, and there was no opposition.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant and his representative, Mr. Tim Hoban, Attorney, were present.

There being no public comment and no one present in opposition to the request, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried by a 3-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#52-00-4, Gerald R. Cobb, a request for an amendment to the existing CP Ordinance #78-86, to include limited C-1 and C-2 uses, Tracking #91-00-CP/AMD, Ordinance 2000-118.

Commrs. Hill and Cadwell were not present for the discussion or vote.



VOLUNTARY REVOCATION OF CONDITIONAL USE PERMITS

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board with a list of Voluntary Revocation of Conditional Use Permits and noted that there were three that she was not satisfied with the paperwork in the file, so they had been removed from the list. She also wanted to clarify that there were not only voluntary revocations, but there are also terminations and expirations.

COMMISSIONERS

At 10:02 a.m., it was noted that Commr. Cadwell had returned to the meeting.

VOLUNTARY REVOCATION OF CONDITIONAL USE PERMITS (CONTINUED)

Ms. Farrell explained that most of the individuals, if they had rezoned, they were aware that their CUP was terminated. She explained that this was more of an in-house file clean-up to get them off the zoning maps.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being no public comment and no one present in opposition to the voluntary revocations, the public hearing portion of the meeting was closed.

Ms. Farrell submitted a corrected list of voluntary revocation of CUPs to the Clerk.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the following Voluntary Revocation of Conditional Use Permits, and Ordinances:

Ordinance 2000-119 - CUP#1-70 Warren Brown, et al (2-19S-25E)

Tracking #102-00-CUP/REV.



Ordinance 2000-120 - CUP#108-3 Albert Lee & Albert Rios (27-19S-26E)

Tracking #103-00-CUP/REV.



Ordinance 2000-121 - CUP#134-1 Maryanne Lynum (21-19S-24E)

Tracking #104-00-CUP/REV.



Ordinance 2000-122 - CUP#147-1 Dorothy A. Warner (17-19S-24)

Tracking #105-00-CUP/REV.



Ordinance 2000-123 - CUP#151-5 Rosa Newkirk (10-19S-25E)

Tracking #106-00-CUP/REV.



Ordinance 2000-124 - CUP#165-5 Lake Co. Boys Ranch Fdtn. (30-17S-27E)

Tracking #107-00-CUP/REV.



Ordinance 2000-125 -CUP#172-2 Thomas Oliver & Maria Sutton (15-20S-24E)

Tracking #108-00-CUP/REV.



Ordinance 2000-126 - CUP#192-1 Beryl Stokes (28-19S-24E)

Tracking #109-00-CUP/REV.



Ordinance 2000-127 - CUP#206-2 Monroe & Ida Lou Spears (20-22S-25E)

Tracking #110-00-CUP/REV.





Ordinance 2000-128 - CUP#208-3 Robert & Jean Macchi (26-24S-26E)

Tracking #111-00-CUP/REV.



Ordinance 2000-129 - CUP#211-3 Walter McJordan (23-24S-26E)

Tracking #112-00-CUP/REV.



Ordinance 2000-130 - CUP#212-5 Kenneth Webber (3-15S-28E)

Tracking #113-00-CUP/REV.



Ordinance 2000-131 - CUP#214-5 Eugene & Bille Argenziano (6-19S-27E)

Tracking #114-00-CUP/REV.



Ordinance 2000-132 - CUP#222-3 Africa Inland Mission (12-22S-25E)

Tracking #116-00-CUP/REV.



Ordinance 2000-133 - CUP#226-3 Rex & Victoria Hunt (11-23S-25E)

Tracking #117-00-CUP/REV.



Ordinance 2000-134 - CUP#239-5 Ted Hollenbeck (24-19S-25E)

Tracking #118-00-CUP/REV.



Ordinance 2000-135 - CUP#240-2 Lake Co. Eagles Aerie (14-20S-24E)

Tracking #119-00-CUP/REV.



Ordinance 2000-136 - CUP#259-2 Mark & Elsie Whitman (15-20S-25E)

Tracking #120-00-CUP/REV.



Ordinance 2000-137 - CUP#278-5 William & Sally M. Frazier (24-18S-26E)

Tracking #121-00-CUP/REV.



Ordinance 2000-138 - CUP#290-5 & 290A-5 Lakeview Terrace Ret. Ctr (31-17S-27E)

Tracking #122-00-CUP/REV.



Ordinance 2000-139 - CUP#305-3 Fla Dev't & Attractions Inc. (23-24S-26E)

Tracking #123-00-CUP/REV.



Ordinance 2000-140 - CUP#339A-1 William & Ruby Mahan (17-19S-25E)

Tracking #126-00-CUP/REV.



Ordinance 2000-141 - CUP#341-2 Lelia Rollerson (16-22S-24E)

Tracking #127-00-CUP/REV.



Ordinance 2000-142 - CUP#346-5 Roy Carpenter (26-18S-26E)

Tracking #128-00-CUP/REV.



Ordinance 2000-143 - CUP#367-2 Citizens Nat'l Bank (14-20S-24E)

Tracking #129-00-CUP/REV.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

BONDS/RESOLUTIONS

Mr. Sandy Minkoff, County Attorney, explained the request for approval and execution of Authorizing Resolution to Ratify Issuance of Multi-Family Housing Revenue Bonds for the financing of Bayberry Harbor, Devinwood, Rockport Cove and Sleepy Hollow Club Apartments.

Mr. Minkoff noted that the request comes from the Orange County Housing Finance Authority. When the four applications are approved today, they will go into the lottery pool. There are 15 applications, and one will be chosen.

Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve the request, as stated above.

Under discussion, Commr. Hanson stated that she still has concerns about the system, and Lake County's participation. She stated that she will support the motion, and the County is still working on ways to make sure that Lake County can get its share of the dollars that are available.

The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.

Commr. Hill was not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/LEGISLATURE

Mr. Sandy Minkoff, County Attorney, explained that approximately two weeks ago, the Board had a continuation of the mediation process on the Lake Lowery case where Lake County, along with the Lake County Water Authority, and several individuals, had filed an administrative proceeding opposing a permit, which Polk County was seeking to build some culverts, and also to build a structure, which would allow water to leave Lake Lowery. Mr. Minkoff stated that this is the second time that the Board has had a mediation agreement before them. The Board first had an agreement, which led to the study that was just completed, and the second agreement is really not a final settlement, but it proposes that all of the governmental entities, both Polk and Lake Counties, and the Water Management Districts, request funding from the Legislature to attempt to purchase those properties located on the north side of Lake Lowery. He noted that this would be about six to eight million dollars of funding. It postpones the litigation until after the legislative session, and all of the parties have agreed to work with the Legislature to try and get this money, so that, if the Board approves the Settlement, the Board would be amending its legislative packet, and it will want to address this with its delegation when it meets in January. Mr. Minkoff stated that Commr. Pool is the liaison. He noted that the only way to have a permanent solution is to remove those homes that are within the flood plain in the Lake Lowery area.

Commr. Pool stated that this is what the study actually said, and it gave this option a high ranking in options, and he feels this is clearly what should happen, that the homes on the northern shores that were built in the flood plain, or the flood prone area, should be removed, because then a lot of the problems will go away, in terms of the flooding condition of Lake Lowery. He stated that it will allow water to flow north and not have it pumped artificially to Lake Henry. He further stated that he appreciates staff taking the time, and the other governmental agencies, to realize the importance of the Lake Lowery issue, and he thinks that this is a good solution.

Mr. Minkoff stated that, if the settlement agreement is approved, St. Johns will actually operate these structures, and not Polk County.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Mediated Settlement Agreement, and the inclusion of the Lake Lowery funding issues in the 2001 legislative packet.

Commr. Hill was not present for the discussion or vote.

TRANSPORTATION DISADVANTAGED/PUBLIC WORKS

Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss the request for approval to increase the flat rate trip fee from $12.00 to $13.50 as the invoice price to the Transportation Disadvantaged (TD) Commission for TD trips.

Commr. Cadwell informed the Board that, since he is no longer on this committee, and this Board has not gone through the process of appointing someone else to that committee, he attended the meeting and urged the Transportation Disadvantaged Commission to approve this new fee, which will come directly from the State.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval to increase the flat rate trip fee from $12.00 to $13.50 as the invoice price to Transportation Disadvantaged (TD) Commission for TD trips.

Commr. Hill was not present for the discussion or vote.

Commr. Cadwell extended his appreciation to Mr. Stivender and to Mr. Noble Olasimbo, Transportation Engineer, for their work with the TD Commission.

REPORTS - COMMISSIONER POOL - DISTRICT #2

MEETINGS

Commr. Pool extended his appreciation to Mr. Travis Whigham for his involvement in the Northeast Lake County community meeting.

ROADS-COUNTY & STATE

Commr. Pool informed the Board that Mr. Jason Stringfellow had sent another letter asking for an opportunity to come back before the Board to discuss County Road 561-A and the speeds on this roadway, and he had suggested that Mr. Stringfellow wait until the new Commission was seated. Now that it is seated, he would like to bring this forward to Mr. Jim Stivender, Senior Director, Public Works, and have him place the issue on the agenda as soon as possible.

Commr. Pool discussed the striping of County Road 561 and stated that the citizens are concerned that the striping is all gone along that corridor.

Mr. Jim Stivender, Senior Director, Public Works, informed the Board that he will be bringing to the Board the Five Year Striping Plan on January 9, 2001.

Commr. Hanson questioned whether Morningside could be striped, if it cannot be widened any time soon, and asked that Mr. Stivender put it the list.

Mr. Stivender stated that he has a Five Year Program for resurfacing and striping, and it identifies the needs and the budget, and how staff is moving forward on it.

Commr. Hanson stated that some of these roads where the County does not have the right-of-way may need to be put on the striping program.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

MEETINGS

Commr. Hanson extended her appreciation to Commr. Pool and to Commr. Stivender for attending the Lake Kathryn meeting, as well as to Mr. Travis Whigham for what he is doing in the Lake Mack/Lake Kathryn area.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Travis Whigham addressed the Board to discuss whether the United Methodist Church in Forest Hills can get skirting for an entrance off from Highway 42 onto the church property.

The Board directed him to meet with Mr. Jim Stivender, Senior Director, Public Works.

Mr. Whigham extended his appreciation to Commr. Stivender and Commr. Pool for attending the Northeast Lake County meeting.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:17 a.m.



CATHERINE C. HANSON, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR/BOARDMIN/12-19-00/12-28-00