A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 20, 2001

The Lake County Board of County Commissioners met in regular session on Tuesday, March 20, 2001, 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; Debbie Stivender; Jennifer Hill; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Valerie Fuchs, Assistant County Attorney, County Attorney's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that there was a published Addendum No. 1 and Addendum No. 2 to the Agenda.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 27, 2001, as presented.

CLERK OF COURTS' CONSENT AGENDA

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

Bonds - Contractor



Request for approval of Contractor Bonds, New and Cancellations, as follows:



New



4199-01 Eulee D. Shaw d/b/a Energy Erectors, Ltd.



Cancellations



1829-00 William K. Smith d/b/a Action Masonry

5756-00 Lockhart Power Electrical Constructors, Inc.



Bonds - Public Official/Committees



Request for approval of Public Official Bond for Paul M. Buchanan, who was elected as a member of the Board of Trustees, North Lake County Hospital District Board, as required by House Bill No. 1951, Chapter 95-508.



Accounts Allowed/County Property



Request for approval of list of items to be deleted from Fixed Assets, for the month of March 2001, in the amount of $229,783.96.



Accounts Allowed



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



Audits/Reports



Request to acknowledge receipt of Country Club of Mt. Dora Community Development District's Annual Financial Report for units of Local Government, for the Fiscal Year ended September 30, 2000; and a copy of the District's Audited Financial Statements for the same period, in accordance with Chapter 189.418, Florida Statutes.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinances from the City of Tavares, as follows:



Ordinance No. 2000-22, amending the boundaries of the City of Tavares, by annexing and rezoning approximately 3.01 acres of property known as Lot 6, Southridge Industrial Centre Subdivision, and as further described. Passed and ordained the 1st day of November, 2000, by the City Council of the City of Tavares, Florida.



Ordinance No. 2000-24, amending the boundaries of the City of Tavares, by annexing and rezoning approximately 3 acres of property known as Lot 18, Southridge Industrial Centre Subdivision, and as further described. Passed and ordained the 1st day of November, 2000, by the City Council of the City of Tavares, Florida.



Municipalities/Ordinances



Request to acknowledge receipt of Annexation Ordinances from the City of Minneola, as follows:



Ordinance No. 99-08, amending Ordinance No. 98-03, to correct a call in a legal description; amending the boundaries of the City of Minneola, in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter; by including within the city limits approximately 8 acres of property generally located approximately one-fourth mile south of CR 561A, along the east side of U.S. 27, in Section 7, Township 22 South, Range 26 East, in Lake County, Florida; providing for a comprehensive land use designation of General Commercial, pursuant to the City of Minneola Comprehensive Plan; rezoning the property from County Agricultural to City B-1 "Business District". Passed and ordained the 10th day of August, 1999, by the City Council of the City of Minneola, Florida.



Ordinance No. 99-19, amending the boundaries of the City of Minneola, in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter; by including within the city limits approximately 12 acres of property generally located east of U.S. 27 and North of CR 561A, in Section 7, Township 22 South, Range 26 East, in Lake County, Florida; providing for a comprehensive land use designation of General Commercial, pursuant to the City of Minneola Comprehensive Plan; rezoning the property from County Commercial to City "B-1" Business District. Passed and ordained the 24th day of August, 1999, by the City Council of the City of Minneola, Florida.



Ordinance No. 99-22, amending the boundaries of the City of Minneola, in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter; by including within the city limits approximately 22.2 acres of property generally located east of U.S. 27 and north of CR 561A, near Grassy Lake, in Section 6, Township 22 South, Range 26 East, Lake County, Florida; providing for a comprehensive land use designation of Single-Family Medium Density, for 17.4 acres, and General Commercial for the remainder of the property, pursuant to the City of Minneola Comprehensive Plan; rezoning 17.4 acres of the property from County Agricultural to "RSF-2" Single Family Medium Density Residential and the remainder of the property from "CFD" Community Facility District to "B-1" Business District. Passed and ordained the 26th day of October, 1999, by the City Council of the City of Minneola, Florida.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Stivender requested that Tabs 4 and 6, under the County Manager's Consent Agenda, be pulled for discussion.

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

Accounts Allowed/Emergency Services/Grants/Resolutions



Request from Emergency Services for approval to execute EMS Grant Application and Resolution No. 2001-48 , for FY 2000/2001, in the amount of $52,162.13, to be used to purchase first responder medical and rescue equipment for Fire/Rescue.



Accounts Allowed/Facilities and Capital Improvements/Municipalities/Sheriff's Office



Request from Facilities and Capital Improvements for approval to spend Infrastructure Sales Tax revenue, in the amount of $40,000.00, for the renovation of the Groveland storage property for the Sheriff's Office.



Contracts, Leases and Agreements/Growth Management



Request from Growth Management for approval of Special Master Settlement Agreement between VSJ, Inc. and Lake County, Florida.



Bonds - Mobile Home



Request from Growth Management for approval of a Mobile Home Bond for Thomas and Louise Smith, located at 30843 Buttercup Lane, Mt. Dora, Florida, for security reasons, during the construction of their home.



Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works/Resolutions

Roads-County and State/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Fairways at Mt. Plymouth, Phase I; accept a Performance Bond, in the amount of $31,130.00, for sod, sidewalk, and tree planting requirements; execute a Developer's Agreement, for Construction of Improvements between Lake County and Fairways/Mt. Plymouth, Ltd.; accept a Maintenance Bond, in the amount of $112,904.00; execute a Developer's Agreement, for Maintenance of Improvements between Lake County and Fairways/Mt. Plymouth Ltd.; and execute Resolution No. 2001-50, accepting the following roads into the County Road Maintenance System: PGA Drive "Part" (CR 4-3888A), Divot Drive (CR 4-3888B), and Ironwedge Drive "Part" (CR 4-3888C). Subdivision consists of 76 lots - Commission District 4.



Municipalities/Public Works/Resolutions/Road Vacations



Request from Public Works for approval of Resolution No. 2001-51, advertising Vacation Petition No. 951, by Paula Reynoso, to vacate a road located in Section 15, Township 20, Range 25, in the Yalaha area - Commission District 3.



Municipalities/Public Works/Resolutions/Road Vacations



Request from Public Works for approval of Resolution No. 2001-52, advertising Vacation Petition No. 957, by Craig Bishop, to vacate an easement located in Section 2, Township 23, Range 25, recorded in the Montclair, Phase I plat, in the Clermont area - Commission District 2.



Municipalities/Public Works/Resolutions/Road Vacations



Request from Public Works for approval of Resolution No. 2001-53, advertising Vacation Petition No. 958, by Kenneth E. Bosserman, to vacate portions of right-of-way, lots, and tracts in Section 28, Township 22 South, Range 26 East, recorded in the Lake Highlands Company Plat, in the Clermont area - Commission District 2.





ADDENDUM NO. 1



COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)



Accounts Allowed/Fiscal and Administrative Services - Procurement Services

Bids/Contracts, Leases and Agreements



Request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award RFP No. 01-035; encumber funds and authorize a contract, subject to County Attorney approval, to BCI Engineers and Scientists, Inc., to provide stormwater engineering services to support the County, the Stormwater Management Navigation Team, and the Lake Griffin basin-specific Technical Working Group, in the amount of $92,410.00.



PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

LAKE COUNTY FIRE EXPLORER PROGRAM

Mr. Steve Ellis, representing the Lake County Fire Explorer Program, and several students from Fire Explorer Post 777 addressed the Board and thanked them for donations that were given to the Fire Explorer Program by the Board of County Commissioners, at which time each Commissioner was presented with a "Thank You" note, in appreciation of their support of the program.

Mr. Roy Hunter addressed the Board stating that Ms. Kyleen Fischer, Lake County School Board, was also involved in this matter, along with the five Commissioners. He stated that the State of Florida has a requirement that, in order for a student to obtain a scholarship, he/she must donate 75 hours of volunteer service to the community; therefore, the hours that the students donate to the Fire Explorer Program will count towards their scholarships. He thanked the Commissioners for their support of the program.

PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

RESOLUTIONS

Commr. Hanson presented Ms. Cindy Smith, Lake County Juvenile Justice Supervisor, with a Proclamation proclaiming March 25-31, 2001 as Juvenile Justice Week in Lake County, which she read into the record.

PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

RESOLUTIONS

Commr. Hanson presented Mr. J. C. Bowling, Chairman of the Board of Directors for Sunrise ARC, with a Proclamation proclaiming the month of March as Mental Retardation Month in Lake County, which she read into the record.

Mr. John Askew, Executive Director, Sunrise ARC, was commended for doing such a great job with Sunrise ARC, during the past seven years.

PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

COMPREHENSIVE HEALTH CARE SUB-COMMITTEE ON HEALTH CARE STUDY

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board stating that the Comprehensive Health Care Sub-Committee has been working very hard for months putting together a system for the delivery of primary health care for indigent citizens in Lake County.

Ms. Leslie Longacre, Chief Executive Officer, South Lake Hospital, gave a brief presentation to the Board regarding the Comprehensive Health Care Sub-Committee on Health Care Study. She thanked them for their support, both financial and political, specifically Chairman Catherine Hanson, who she noted has been a part of their meetings for the last year. She thanked Mr. Fletcher Smith and Ms. Cheryl Thomas for all the support they provided the Comprehensive Health Care Committee and Sub-Committee. She stated that said committees have been developing a comprehensive health care program for the uninsured, to access primary care, which she noted consists of two parts, the first being to develop health clinics, of which there are presently three (3) in Lake County - one in Leesburg, one in Eustis, and one in Clermont. She stated that the second part of the program is to develop a case management process to coordinate the health care services for those in need. She stated that it has taken one and a half years, but they finally have a program, which is before the Board this date, called Health Links. She stated that it provides a source of information and referral to access appropriate community health care services. She stated that it coordinates the clinic, the case management process, monitors the activities, tracks and reports the data, and develops the data base for services. She stated that We Care is the administrative body for their activity, including financial control, and noted that they have contracted with LifeStream, who will be managing the case management system. She stated that the providers - Florida Hospital/Waterman, Leesburg Regional, and South Lake Hospital are providing the financial and manpower support for the clinics in each of the districts, as well as supporting the case management program, through financially supporting the case manager in each of the areas. She stated that there is still a great deal of work to be done, noting that the sub-committee has disbanded. She stated that they believe they have completed their tasks, which is the case management model before the Board this date, however, noted that the Lake County Comprehensive Health Care Committee still has a lot of work to do. She stated that some of the issues the committee will continue to work on is pharmaceuticals, transportation, and funding. She stated that there is a tremendous amount of money across the country for the initiatives that the committee has been working on; therefore, one of their major goals for the future is to obtain the services of a grant writer, to go after some of that money. She stated that the committee needs financial support in all three areas within the County, to continue to serve the primary care needs of those people who are uninsured.

Ms. Longacre stated that another matter that needs to continue to be worked on is pulling together the entire health care initiatives within Lake County, including those of the Health Department and other agencies that are now providing the dollars and manpower issues for health care. She stated that they hope to develop a true comprehensive coordinated effort within the County. She stated that reporting on the success of the program quarterly to the We Care Board and then back to the Board of County Commissioners will be of primary importance, to evaluate the number of people that they are taking care of and some of the successes within the health care needs of said people.

PRESENTATIONS/PUBLIC HEARINGS

PUBLIC HEARING

ROAD VACATION

PETITION NO. 954 - ROBERT A. LAWSON/D.R. HORTON, INC. - CLERMONT

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was postponed at the last meeting. He stated that it is a request to vacate an easement located in Section 25, Township 24 South, Range 26 East, in the plat of Clear Creek, Phase III, in the Clermont area. He reviewed an aerial of the property in question, stating that the petitioner was requesting to vacate an easement on the back side of their property and granting an easement that goes around the property. He stated that staff was recommending approval of the request, noting that there would be no impact to adjacent property owners or to the drainage system in the area.

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.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2001-54 - Vacation Petition No. 954, by Robert A. Lawson, D.R. Horton, Inc., to vacate an easement located in Section 25, Tract 24 South, Range 26 East, in the plat of Clear Creek, Phase III, Clermont area - Commission District 2.

PRESENTATIONS/PUBLIC HEARINGS

PUBLIC HEARINGS

REZONING

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that there were eight zoning cases on today's Agenda, which had all received a recommendation of approval at the Planning and Zoning Commission Meeting.

PETITION NO. 13-01-5 - RM TO R-7 - RUSSELL AND ELLEN FREES

BONNIE ROOF

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a lakefront lot that is currently zoned RM to R-7, for the construction of a single family home, or a mobile home, whichever the applicant prefers to place on the lot. She stated that staff was recommending approval of the request and noted that there was no opposition to it.

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. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-25 - Russell and Ellen Frees/Bonnie Roof, Rezoning Case No. Ph 13-01-5, Tracking No. 17-01-Z, a request for rezoning from RM (Mobile Home Residential) to R-7 (Mobile or Mixed Residential), for construction of a single-family residence.



PETITION NO. PH23-01-2 - AMENDMENT TO EXISTING MP ORDINANCE NO. 1999-21 - L. A. OGDEN

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was the second request from the applicant, for an amendment to existing MP Ordinance No. 1999-21. She stated that he was before the Board in 1999 asking for approval to add the use of a single family home on his property, with additional uses. She stated that he was requesting approval to add the ability to construct a duplex, or conventional built home, as a residential use. She stated that staff was recommending approval of the request and noted that there was no opposition to it.

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. Pool, 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. 2001-26 - L. A. Ogden, Rezoning Case No. PH 23-01-2, Tracking No. 28-01-MP/AMD, a request for an amendment to existing MP Ordinance No. 1999-21, to allow for the construction of a duplex, or conventional built home, as a residential use.

PETITION PH 6-01-5 - REVOCATION OF CUP NO. 472-5 IN R-8 TO REZONING FROM R-8 TO CFD - BETHEL A.M.E. CHURCH/TODD SMITH

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the applicants have an old CUP on their R-8 zoning that staff would like to revoke and then rezone the entire site to a Community Facility District (CFD), which would be good for the community. She stated that staff was recommending approval of the request and noted that there was no opposition to it.

The Chairman opened the public hearing.

The applicant or the applicant's representatives were 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. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 2001-27 - Bethel A.M.E. Church/Todd Smith, Rezoning Case No. PH 6-01-5, Tracking No. 6-01-CFD, a request for revocation of CUP No. 472-5 in R-8 (Mixed Residential) and to rezone from R-8 to CFD (Community Facility District), for the continued use of the church and to add land for future expansion, to include a gymnasium, fellowship hall, day care, after-school care, and community-based programs.

PETITION NO. PH17-01-2 - C-1 TO CP - HUNTINGTON NATIONAL BANK/WHITE DEVELOPMENT COMPANY, INC.

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it involves a parcel that meets commercial locational criteria. She stated that the parcel consists of a little over six acres and is currently zone C-1. She stated that the request is to rezone from C-1 to CP, with C-1 and restaurant/fast food uses. She stated that there was no opposition to 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.

A motion was made by Commr. Pool and seconded by Commr. Stivender to upheld the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2001-28 - Huntington National Bank/White Development Co., Inc., Rezoning Case No. PH 17-01-2, Tracking No. 25-01-CP, a request for rezoning from C-1 (Neighborhood Commercial) to CP (Planned Commercial), to allow for retail/commercial uses.

Under discussion, Commr. Hanson questioned whether it would be appropriate to have a conservation easement on the site, since it is located on the river.

Ms. Farrell stated that, if the County was platting it, they would require a conservation easement; however, she did not feel it would be required through the commercial site planning process. She stated that the applicant would be put through an environmental review that is conducted for everyone that comes through the Development Review Staff process.

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

PETITION NO. PH16-01-2 - A TO R-4 - BATTAGLIA FRUIT COMPANY, INC./CECELIA BONIFAY

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it involves a 50 acre site on Hwy. 27 immediately adjacent to an R-4 subdivision known as Weston Hills. She stated that it is basically an expansion of that development; therefore, staff was recommending that the applicant bring all the property under one Planned Unit Development (PUD). She stated that staff feels putting it all under one PUD will allow a little more flexibility for the developer and provide for some consistencies. She stated that there are some issues, being that the Comprehensive Plan suggests, if a developer is doing a PUD in the ridge, that the development have 40% open space; and that staff is recommending denial of the straight R-4 zoning; however, she noted that they do not have an issue with the medium residential density, as proposed. She stated that staff believes a PUD would serve the parcel and the County better, however, noted that there is some discussion about the number of lots that would be lost with a PUD, as opposed to an R-4 zoning, which staff calculates to be approximately 20 to 30 lots. She stated that staff feels, with a straight R-4 zoning, the County has no assurances and today the County cannot do a Developer's Agreement as it did in the past. She stated that the applicant is going to have some difficulties with the lots; therefore, she foresees them coming back with a request for variances. She stated that she feels, in the long run, the PUD will actually provide the developer with more flexibility for the parcel. She stated that there was no opposition to the request and noted that the Planning and Zoning Commission approved it, by a 9-0 vote.

The Chairman opened the public hearing.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing the applicant, addressed the Board and distributed a packet of information (Applicant's Exhibit A), containing a site plan for Phases I and II of Weston Hills subdivision, as well as various pictures (5) of some of the amenities offered to the residents of Weston Hills, and an aerial of the proposed site, which she reviewed and submitted, for the record. She stated that the applicant originally came to the County with a request for an R-4 zoning, with a Developer's Agreement, only because that is what they did on the original Weston Hills development that is in place today. She stated that the County Attorney's Office is involved in the matter, noting that the developer had discussions with them and they do not feel that those are a legal means for the County to do zoning. She stated that they pointed out the fact that the County had approved one in 1997, being Magnolia Point, and that it involved the same Statute and Land Development Regulations (LDRs) that exist today. She stated that the County Attorney's Office did not think it was ill-advised, it was their recommendation and, based on that fact, the request for a Developer's Agreement was withdrawn. She stated that staff indicated, if the applicant presented the request as a PUD, they would get 2,224 units, because they had averaged four units per acre, over 56 acres, however, noted that the applicant is not requesting that 56 acres be rezoned, because they are not including the wetlands area, which is approximately six acres. She stated that the applicant is left with approximately 50 acres, more or less, that is the subject of the rezoning request. She stated that the wetlands have a different land use classification on them, which in her opinion would mean that the applicant would have to do a Comprehensive Plan Amendment and she did not feel the County would want to give ridge density to wetlands, so she excluded them. She stated that the applicant is trying to simplify the request to the greatest extent possible.

Ms. Bonifay stated that she feels this is a different case and scenario than the average person that may come in with a straight zoning, because it is a continuation of an existing development. She stated that Phases I and II of Weston Hills has already been developed and this request is for approval of Phase III of that development. She discussed the issue of open space, noting that staff was suggesting that a PUD be done, because they were going to require that the development contain 40% open space. She stated that, when the project was originally developed, it was with the intent that there would be a subsequent phase, at which time she pointed out on the site plan (contained within the packet of information that she distributed earlier) an area that has been set aside for open space and a recreation area. She reviewed the remainder of the packet, which contained photographs of the entrance to Weston Hills, showing the extensive landscaping that was used in the project; the 2,000 square foot clubhouse; tennis courts; children's play area; children's swimming pool; and an aerial of the property, alluded to earlier. She stated that an indication of the fact that no one has a problem with the third Phase of this project, using the recreational facilities that are in place, is the fact that the developer has had meetings with the homeowners, this meeting has been advertised, and the homeowners have received notice of this meeting, yet there is no one present in opposition to the request. She stated that the developer builds communities, not just subdivisions, so what is put in place is very important to him.

Ms. Bonifay stated that another concern the applicant has about the PUD option is the fact that the only way the developer can get the density, to make this project work, is to cluster, which is going to mean smaller lots. She stated that the current plan calls for larger, deeper lots, with more back yard and more open space around the units. She stated that she felt it would create a problem with the phases, if the developer came in with a third phase that contained significantly smaller lots than what was already in place. She stated that the project currently calls for 200 lots for Phase III, which is four units per acre. She stated that, if the developer is going to have to cluster the homes and allow 40% for open space, it is going to mean that he will have to take 19 acres off the top. She stated that, if the County wants open space in all of its residential zoning classifications, then it should change its LDRs. She stated that she did not feel it was right to force developers to do a PUD, because the County has never gotten around to changing all of its zoning classifications. She stated that, if one were to read the Staff Report, they would find nothing negative about the proposed project - it is as if they wrote a positive staff report and then recommended denial of the project. She stated that the developer wants this project to be consistent and compatible not only with the Comprehensive Plan, but with the surrounding zoning, as well.

Commr. Pool questioned what impact, if any, the additional phase would have on the school system, at which time Ms. Bonifay stated that it would be a very small impact. She stated that they are seeing a mix of people purchasing the homes in the development - empty nesters, retirees, some people with young families, and some people with no children. She stated that there does not seem to be any issues with the schools in the area, as far as capacity, etc.

It was noted that, by the time the proposed project is started, which may be anywhere from six to eight months to one year, the County's new impact fee for education will probably be in place and the developer will be required to pay whatever that new fee is.

Mr. Egor Taplitske, the builder/developer of Weston Hills, addressed the Board stating that 30-35% of the homes in the development are being sold to employees of Walt Disney World, with the other buyers being people who are moving to Florida from the northern parts of the country. He stated that all the amenities in the development are not an after-thought, they were planned from the beginning of the project, noting that they planned from the beginning for the development to be a family-oriented community. He stated that they are intentionally making the lots larger for Phase III than they did for Phases I and II, noting that the lots in Phases I and II are 50 x 100; however, the lots in Phase III are 50 x 120. He stated that, to go to the clustered homes concept, they will have to go to much smaller lots and much smaller homes, or they will have to go to two-story homes, which will make the property unbuildable and unacceptable to the market in that area. He asked the Board to support him in this project, which he noted has been very successful and very well accepted by the public in this County.

No one was present in opposition to the request.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Commr. Pool stated that he was glad to see there was no opposition to the request, because that tells him the residents in the area understand what has taken place and feel that the project will be consistent with the neighborhood. He stated that it appears the development is one that people appreciate and enjoy.

Commr. Hill stated, for the record, that she had spoken to Ms. Bonifay about this project, prior to the meeting, however, has not had anyone contact her, as far as opposition to the request is concerned. She stated that the issue they discussed was that of the R-4 zoning classification, with or without a Developer's Agreement. She stated that staff gave the project a very favorable recommendation, with regard to the R-4 zoning, and she was asking Ms. Bonifay about that fact.

A motion was made by Commr. Pool and seconded by Commr. Hill to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance No. 2001-29 - Battaglia Fruit Co., Inc./Cecelia Bonifay, Rezoning Case No. PH 16-01-2, Tracking No. 24-01-Z, a request for rezoning from A (Agriculture) to R-4 (Medium Suburban Residential).

Under discussion, Commr. Hanson stated that she felt, if this was a new project and had not already been started, the Board would have required a PUD; however, to come in now and require that the last phase of the project be a PUD did not quite make sense. She called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

PETITION NO. LPA 00/8/1-2 - AMENDMENT TO CHANGE CURRENT LAND USE DESIGNATION OF RURAL AND SUBURBAN TO URBAN EXPANSION - LAKEWOOD DEVELOPMENT COMPANY, LLC/THE PLANTATION AT LEESBURG AND PETITION NO. PH 87C-00-2 - AMENDMENT TO PLANTATION AT LEESBURG DEVELOPMENT OF REGIONAL IMPACT - LAKEWOOD DEVELOPMENT COMPANY, LLC/LAKEWOOD DEVELOPMENT COMPANY, LLC AND J.J. GRAY GROVES

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the same parcel of property is involved with Tabs 6 and 7 on the Zoning Agenda, which consists of 208 acres. She stated that Tab 6 is a recommendation to adopt the Land Plan Amendment and Tab 7 is the public hearing, to add the 208 acres to the DRI and the PUD, both of which staff is recommending approval of. She stated that the 208 acres is being added to an existing Development of Regional Impact (DRI). She stated that the legal description has to be amended, along with the Planned Unit Development (PUD), which she noted is the Development Order (DO) that is contained within the Board's backup material. She stated that the applicant has seen the draft Development Order and has worked out some issues that were addressed at Development Review Staff (DRS). She stated that the County had to wait for the letter to come back from the Department of Community Affairs (DCA), which they did not receive until the latter part of January of this year, indicating that they reviewed the Comprehensive Plan Amendment and found it to be consistent with the County's Comprehensive Plan.

The Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that the applicant is not increasing density, they are simply adding additional land and taking the density that has already been approved in the PUD/DO, allowing the applicant to provide larger lots, which he noted is being requested in the buying market. He stated that DCA gave a positive recommendation of the project, as well as the Planning and Zoning Commission, and county staff.

No one was present in opposition to the request.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Pool, 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. 2001-30 - Plantation at Leesburg, Rezoning Case No. LPA 00/8/1-2, Tracking No. 74-00-LPA, a request for approval of an amendment to change from the current land use designation of Rural and Suburban to Urban Expansion, to bring a partially constructed DRI into Comprehensive Plan consistency and to add an additional 208 acres, to expand the same DRI, with the proposed additional units of the related DRI change not exceeding the current residential unit limit of the current DRI; and Ordinance No. 2001-31 - Plantation at Leesburg, Rezoning Case No. PH 87C-00-2, Tracking No. 75-00-PUD/DRI/AMD, a request for an amendment to the Plantation at Leesburg Development of Regional Impact (DRI), to add approximately 208 acres to the DRI, for an expansion, with no increase in the overall residential unit limit of the current DRI being proposed.

REVOCATION OF CONDITIONAL USE PERMITS

GROWTH MANAGEMENT/ORDINANCES

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a continuation of housekeeping, to take old CUPs that have been revoked off the map. She stated that the purpose of doing it is to clean up the files and send some things to Record Storage. She stated that this project was originally started in 1996, however, noted that there were a lot more CUPs in the files than was anticipated, when it was first started.

It was noted that all parties involved were properly notified of the revocations.

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. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved revocation of the following Conditional Use Permits:

Ordinance No. 2001-32 - United Southern Bank Trust

Revocation of CUP No. 230-3

Tracking No. 43-01-REV



Ordinance No. 2001-33 - Church of God at Groveland

Revocation of CUP No. 412A-2

Tracking No. 44-01-REV



Ordinance No. 2001-34 - St. Johns River Water Management District

Revocation of CUP No. 425-3

Tracking No. 45-01-REV



Ordinance No. 2001-35 - Fred B. and Pamela S. Gregg

Revocation of CUP No. 477B-2

Tracking No. 46-01-REV



Ordinance No. 2001-36 - Tucker Brothers, Ltd.

Revocation of CUP No. 500-2

Tracking No. 47-01-REV



Ordinance No. 2001-37 - Africa Inland Mission, Inc.

Revocation of CUP No. 508-3

Tracking No. 48-01-REV



Ordinance No. 2001-38 - St. Johns River Water Management District

Revocation of CUP No. 521-1

Tracking No. 49-01-REV





Ordinance No. 2001-39 - Liberty Baptist Temple, Inc.

Revocation of CUP No. 551-4

Tracking No. 50-01-REV



Ordinance No. 2001-40 - Curtis Peterkin

Revocation of CUP No. 645-2

Tracking No. 51-01-REV



Ordinance No. 2001-41 - Lake Medical Services, Inc.

Revocation of CUP No. 654-02

Tracking No. 52-01-REV



Ordinance No. 2001-42 - Harbor Hills d/b/a Harbor Hills Development

Revocation of CUP No. 692-1

Tracking No. 53-01-REV



Ordinance No. 2001-43 - Christyne B. Hamilton, Trustee

Revocation of CUP No. 715-2

Tracking No. 54-01-REV



Ordinance No. 2001-44 - Paz Genetia

Revocation of CUP No. 717-1

Tracking No. 55-01-REV



Ordinance No. 2001-45 - Church of the Nazarene of Eustis

Revocation of CUP No. 720-5

Tracking No. 56-01-REV



Ordinance No. 2001-46 - First Church of Nazarene of Clermont

Revocation of CUP No. 721-3

Tracking No. 57-01-REV



Ordinance No. 2001-47 - Clara E. Tenbrook

Revocation of CUP No. 739-4

Tracking No. 58-01-REV



Ordinance No. 2001-48 - Paquette Paving Company, Inc.

Revocation of CUP No. 741-2

Tracking No. 59-01-REV



Ordinance No. 2001-49 - Wayne and Christine Gill

Revocation of CUP No. 74204

Tracking No. 60-01-REV



Ordinance No. 2001-50 - Charles Schell

Revocation of CUP No. 755-1

Tracking No. 61-01-REV



Ordinance No. 2001-51 - Vedat Senturk

Revocation of CUP No. 760-4

Tracking No. 62-01-REV



Ordinance No. 2001-52 - Leesburg District Board of Missions and Church Ext

Revocation of CUP No. 775-1

Tracking No. 63-01-REV



Ordinance No. 2001-53 - Phyllis Jane Henderson

Revocation of CUP No. 810A-4

Tracking No. 64-01-REV



Ordinance No. 2001-54 - Rejeanne Brousseau

Revocation of CUP No. 862-4

Tracking No. 65-01-REV





Ordinance No. 2001-55 - Franklin, Jr. and Linda Hatfield

Revocation of CUP No. 876-5

Tracking No. 66-01-REV



Ordinance No. 2001-56 - Board of Trustees, Internal Improvement Trust Fund

State of Florida

Revocation of CUP No. 886-5

Tracking No. 67-01-REV



Ordinance No. 2001-57 - Citizens National Bank of Leesburg

Revocation of CUP No. 895A-3

Tracking No. 68-01-REV



Ordinance No. 2001-58 - Trinity Chapel Mennonite, Inc.

Revocation of CUP No. 931-4

Tracking No. 69-01-REV



Ordinance No. 2001-59 - Holiday RV Superstores, Inc.

Revocation of CUP No. 945-3

Tracking No. 70-01-REV



Ordinance No. 2001-60 - Trinity Evangelical Free Church

Revocation of CUP No. 946-4

Tracking No. 71-01-REV



Ordinance No. 2001-61 - Lakeview Terrace Associates

Revocation of CUP No. 948-5

Tracking No. 72-01-REV



Ordinance No. 2001-62 - Florida Conference Association

of Seventh Day Adventist

Revocation of CUP No. 955-4

Tracking No. 73-01-REV



RECESS AND REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess for ten minutes.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Charles Waring, President of the Mt. Dora Kiwanis, addressed the Board and distributed a pamphlet from Mobile Concepts by Scotty, who has manufactured a fire safety house - a mobile "classroom" featuring child-sized rooms and real life hazards, like smoke and heat. It creates an environment that provides children with the knowledge needed to prevent fires and the steps to follow, if they find themselves in a fire situation, a tornado, or a hurricane. He stated that the fire safety house was a gift from the Mt. Dora Kiwanis to the County and noted that it will be sent to every school throughout Lake County every year, so that tens of thousands of children will receive said training and, hopefully, families will some day be saved from the knowledge obtained by the students.

Mr. Tom Feeney, a resident of Weirsdale, addressed the Board stating that he was representing the Friends of Lake Griffin and himself, regarding the Marion County Road Realignment Project. He stated that they were opposed to the project, noting that it was only for the benefit of three developers, at the expense of all other roads in Benefit District 3, being Lady Lake, Fruitland Park, Okahumpka, Silver Lake, and Leesburg. He stated that they feel the Board took action on the matter without adequate and accurate information, when they approved the project on June 20, 2000. He stated that they were requesting that the project not be put out for bid until the Board has had time to review it, since it involves over $2 million. He submitted, for the record, a packet of information that he had put together, as well as a video and audio tape, regarding the case.

Mr. Jim Stivender, Jr., Senior Director, Public Works, was directed to put together a report on the matter and present it to the Board at a later date.

It was noted that the project would be put on hold, for the next couple of weeks, until the Board gets answers to the concerns that were raised by Mr. Feeney.

Mr. Larry Tornow, a resident of Lake County, addressed the Board stating that he owns the RV vehicle that is currently in conflict with the County's parking ordinance. He stated that he had attended the Planning and Zoning Commission Meeting, where the matter was first discussed, and noted that they all agreed that it was a unique vehicle and did not need to go before them for action. He stated that the vehicle does not require a special driver's license, in order for it to be operated.

It was noted that the County Attorney's Office, as well as the Growth Management Department, was currently in the process of investigating the matter and would be bringing a recommendation to the Board at a later date.

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

Commr. Stivender informed the Board that she requested that this request be pulled from the County Manager's Consent Agenda and discussed separately, because she needed clarification regarding the amount of funds involved. She stated that the Board approved $850,000.00 for the purchase of the First Union Bank building, not $900,000.00, as the request indicates, which she noted includes closing costs. She stated that she would like to have an explanation as to why the County is paying the closing costs, when closing costs are normally paid by the seller.

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it should state "indirect" costs, rather than "closing" costs, because it covers the costs involved with an asbestos survey, a structural analysis of the roof, an environmental survey, a termite inspection, and the costs involved with hiring an architect to prepare drawings of the building, due to the fact that the bank was not able to provide the County with said drawings. He stated that, of the estimated $50,000.00 involved with the indirect costs, the County has spent approximately $27,000.00 to date. He stated that everything has now been completed, with the exception of the termite inspection; therefore, he does not anticipate the County spending any more than that. He stated that the seller is not obligated to provide the County with a survey inspection, an environmental inspection, a structural analysis, etc. He stated that those things were done for the County's benefit, to make sure that the County understands exactly what it is buying.

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, informed the Board that this was a common practice in the County's purchase agreements, noting that it is at the buyer's expense to do the due diligence on purchases and to pay for inspections. She stated that the County does not have to do the inspections, but it normally does, as part of its due diligence, at the County's expense.

Commr. Hill stated that, according to the contract, the seller should be doing the inspection. She stated that the Board did approve the cost of the asbestos inspection, however, noted that, under Exhibit A, Item No. 4, of the Property Survey, it states the seller is to provide the inspection to the County.

Mr. Anderson stated that the old survey information the seller passed on to the County was not complete, noting that it was not a sealed survey; therefore, the County could not rely on it. He noted that a survey was conducted by Southeast Survey, which cost approximately $3,700.00.

Commr. Stivender questioned why the County's own survey crew could not have done the survey and saved the County some money.

Mr. Anderson stated that the County has done that in the past, however, noted that the County's crew currently has a full agenda. He stated that, for property surveys that lead up to purchases, the County has been going outside and getting it done, because it is faster to do that then to wait until the County's crew can get around to doing it.

It was the consensus of the Board to change the $900,000.00 figure to $850,000.00.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval to expend Infrastructure Sales Tax revenue, for the purchase of the First Union National Bank Building, at 122 E. Main Street, Tavares, in the approximate amount of $850,000.00 (includes some anticipated indirect costs), rather than $900,000.00, as the request originally stated.

ACCOUNTS ALLOWED/BUDGETS/BUDGET TRANSFERS/RESOLUTIONS

Commr. Stivender informed the Board that this request was asked to be pulled from the County Manager's Consent Agenda and discussed separately, as well, because it pertained to the previous request.

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

Request from Fiscal and Administrative Services - Budget, for approval of the following:

Budget transfer, in the amount of $50,000.00, from Contingency - Emergency 911 to Executive/Communications Systems, Office Supplies; $27,000.00 from Contingency - General to Fiscal and Administrative Services, Office Supplies; and $17,000.00 from Contingency - Landfill Enterprise to Solid Waste, Repair and Maintenance (for a total transfer amount of $94,000.00). Funds are needed to upgrade the Oracle licensing from 100 Named User licenses to 1,800 Universal Power Units. The purpose of Universal Power Units is to allow for an unlimited number of users, which includes internet access to data in the Oracle database.

Budget transfer, in the amount of $850,000.00, from Special Reserve to Facilities and Capital Improvements, Buildings. Funds are needed to purchase the First Union National Bank building, for a cost of $850,000.00, which includes some anticipated indirect costs.

Budget transfer, in the amount of $225,000.00, from Contingency - General Fund to Facilities and Capital Improvements, to cover the following: Contractual Services, in the amount of $25,000.00; Repair and Maintenance, in the amount of $59,000.00; and Office Supplies, in the amount of $141,000.00 (total $225,000.00). Funds are needed for systems furniture and renovation costs for the leased Health Department Administrative Office on Hwy. 441. Systems furniture costs will be $141,000.00. Renovation requires modifications for ADA bathrooms, with re-orientation of existing walls and space, costing $59,000.00. A lift station will also be needed, at an approximate cost of $25,000.00.

Budget transfer, in the amount of $75,000.00, from Special Reserve to Public Works, Professional Services. Funds for the John's Lake Study, in the amount of $25,000.00, were not rebudgeted from Fiscal Year 1999/2000, approved by the Board of County Commissioners on December 17, 1999. Funds, in the amount of $50,000.00, are needed for the design of construction projects approved by the Board on February 27, 2001.

Budget transfer, in the amount of $16,390.00, from Machinery and Capital Outlay. Pursuant to F.S.30.49, the Sheriff is requesting a transfer from the Sheriff Automation account to the Law Enforcement Capital Outlay account, which will be used for purchasing seven digital spectra mobile radios.

Resolution No. 2001-49, to amend the General Fund, in order to receive unanticipated revenue for FY 2000/2001, in the amount of $49,910.00, from One-Stop Permitting Grant, and to provide appropriations for the disbursement of these funds to Outreach Development/One-Stop Permitting Grant (Contractual Services - $3,000.00; Other Current Charges and Obligations - $1,130.00; Office Supplies - $384.00; and Machinery and Equipment - $45,396.00).

Impact Fee Refund request to PEI Homes, Inc., in the amount of $1,271.23, due to impact fees charged for a four-bedroom home. The home is three bedrooms.

Impact Fee Refund request to Douglas A. Hill, in the amount of $794.00, due to the Road Impact Fee being charged in error. A three bedroom home was on the property and the permit was issued for a three bedroom home, so there was no change in the road impact fee.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

HEALTH DEPARTMENT

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it pertains to lease property that the County has located on Hwy. 441, in Eustis. He stated that it is a 10,000 square foot building, which is large enough to accommodate the occupants from Buildings G and H, the Health Department buildings, however, noted that some very minor renovations will have to be made to the building. He stated that the rest of the building will be defined by the use of systems furniture, which he noted the County will take with it, when the lease expires. He stated that the modifications to the building is estimated to cost less than $40,000.00.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval to spend $225,000.00 from General Fund Contingency, for the purchase of systems furniture and renovations for the Health Department Administrative Office.

CONTRACTS, LEASES AND AGREEMENTS/STATE AGENCIES

FACILITIES AND CAPITAL IMPROVEMENTS/PARKS AND RECREATION

Mr. Bob Stevens, Manager, Parks and Recreation Division, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request for approval for the Chairman to sign a 50 year lease with the State of Florida, for what is to be known as the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park. He stated that the 263 acre site, formerly known as the Central Florida Research and Educational Center, was operated by the University of Florida for several years. He stated that several agencies, the City of Leesburg, several homeowners associations in the area, and several environmental organizations have combined to propose that the site in question become a public park, with emphasis on conservation, resource protection, and resource-based outdoor recreation. He stated that the County is required to provide the State with a site management plan within 12 months, therefore, staff is proposing to bring it back to the Board within 8 months for the Board's review and revision and then have it to the State within 10 months for their initial review and revision, if necessary. He stated that the Parks Services Division is going to be located at the site, because they are having to move out of Lake Idamere Park, as the County constructs it, so they will be able to provide some minimal security and maintenance at the site, until such time as the County determines how it is going to manage it. He stated that he felt the site would make a very unique and valuable addition to the Lake County Parks System, therefore, would encourage the Board's approval of the request.

Commr. Pool clarified the fact that an environmental assessment was done on the site and it is on the record that the County did an investigation of the site.

Commr. Cadwell stated that he had been a reluctant participant in this process, because he was afraid the Board was going to commit the County to something that it could not afford, or that would impact the County's recreation budget in such a way that it would change the direction that the County was going; however, he noted that he feels the agreement before the Board this date does not do that. He stated that he feels this agreement lets the County decide the level of service at the site, whether it is passive or not. He stated that he felt the next order of business will be to create a committee to advise the Board on what the County should do at the site. He stated that he feels the property is a beautiful piece of property and that it will fit just fine into the County's program. He noted that he appreciated Commr. Pool's and Senator Cowin's help in Tallahassee, with regard to the matter.

Ms. Nadine Foley, Chairman, Palatlakaha Environmental and Agricultural Reserve (PEAR) Park Committee, addressed the Board stating that this was a happy day for her. She stated that it has been a wonderful three year partnership between the Government and the citizens of Lake County. She stated that she was pleased to have chaired the Committee for the past three years, however, feels it is time to transition the chairmanship to another person. She introduced Mr. Gary Salzman, a retired professional engineer, stating that he was the President of Converse Consultants, a geographical and environmental services engineering firm, before he retired. She stated that he is a resident of The Plantation, which will make the park convenient for him. She stated that the Committee feels the park will be a wonderful regional park and will be low impact, noting that she feels everybody that lives in the area is dedicated to the idea of not having elaborate, expensive facilities, just a nice open space that people can enjoy. She noted that a public celebration will be held at the park on April 7, 2001 and invited everyone to attend.

Commr. Stivender questioned whether it would be more efficient for the County to add a couple of members that were on the PEAR Committee to the existing Parks and Recreation Committee, because they will be under Mr. Stevens, therefore, will be advised and directed by him. She questioned the need to create another board.

Mr. Stevens stated that it was the County Attorney's recommendation. He stated, however, that he would recommend and encourage the Board to "sunset" the Committee somewhere within three to five years, because he feels that once it is determined what direction the park will take there will be a duplication of services, which is not necessary.

Commr. Cadwell stated that, due to the fact that this is such a large project and unique to what the County is doing, he feels a short-term committee would be advisable and that anything they do should go to the Parks and Recreation Board, before it is brought before the Board of County Commissioners for action.

Commr. Hill stated that she has some reservations about this request, because of the financial situation, and the fact that she does not have a clear picture of what the County is planning. She questioned the fact that, after Mr. Stevens prepares an annual budget of ongoing costs, operational costs, etc. and the Board decides not to continue with the lease, or that the County cannot afford it, or that it does not meet the County's needs as a community, what the penalty would be to break the lease.

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, interjected that the County can get out of the lease with six months notice, at which time the park will be returned to the State.

Commr. Hill stated that she would like to see it worked in with all the County's other projects, as far as Parks and Recreation is concerned, and that this not be the total Parks and Recreation budget. She stated that she felt it was a little premature to sign the lease, until a clear financial picture is determined.

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried, by a 4-1 vote, the Board approved a request from Facilities and Capital Improvements for approval and authorization for the Chairman to sign a 50 year lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the 263 acre site to be known as the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park.

Commr. Hill voted "No".

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

HEALTH DEPARTMENT (CONT'D.)

Ms. Sue Whittle, County Manager, informed the Board that she needed to have Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, readdress them about the request from Facilities and Capital Improvements for approval to expend monies from Contingency for the systems furniture for the Health Department, noting that Commr. Hill had questioned whether any of the money that is spent would be reimbursed and Mr. Anderson had indicated that it would not be. She stated that she felt Mr. Anderson had mis-spoken on the matter and that it needed to be corrected.

Mr. Anderson readdressed the Board, stating that the County anticipates that the State's County Trust Fund will be used to pay back the costs involved with the purchase of the systems furniture. He stated that the County had to use funds from the General Fund to front the purchase, because it had to make a commitment, in order to get the furniture ordered in time for the Health Department Administrative Office's staff to move into the renovated facility. He stated, however, that there is no guarantee that the funds will be reimbursed.

PUBLIC WORKS/RESOLUTIONS/ROADS-COUNTY AND STATE/SIGNS

MUNICIPALITIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for approval of a Resolution to lower the speed limit on CR 561, which he noted is on the north side of Lake Minneola, between U.S. 27 and CR 565A, because there is a substantial amount of cut-through traffic that is occurring in that area. He stated that the current speed limit is 45 mph; however, staff is recommending that it be lowered to 40 mph. He stated that their key concern is to make sure that there is enforcement in the area and, in meetings that have been held with the Sheriff's Office, they feel that there will be.

Commr. Stivender questioned whether the new speed limit signs would be "flagged", so that the people traveling that road will know that the speed limit has been changed.

Mr. Stivender stated that the County could "flag" the signs..

Mr. Don Griffey, a resident of Lake County, addressed the Board stating that he was representing the residents of the area in question, noting that they have been working very diligently on the matter and appreciated the efforts of the County, in trying to resolve the problem. He stated that he wanted to bring to the Board's attention some other issues that needed to be addressed, one being to take the weight restrictions that are posted for the Palatlakaha River Bridge and extend them to either ends of the road, so that heavy trucks will know before they get on the road that it is a posted roadway, as a measure to try to reduce the number of trucks using the road as a bypass. He stated that some other issues were that of increased enforcement in the area and an evaluation period, noting that the County is to review the effect that reducing the speed limit has on the roadway and, at the conclusion of that review period, it will evaluate the situation and see how effective the reduction in speed has been and whether any further action will be required.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 2001-55, lowering the speed limit on CR 561(2-1733), in the Minneola area, between U.S. 27 and CR 565A, from 45 mph to 40 mph.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

ENVIRONMENTAL PROTECTION ADVISORY BOARD

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the Environmental Protection Advisory Board, as follows:

Member of the Engineering Profession



Mr. Chester McGee (reappointed)



Member Representing the Environmental Community



Dr. Robert W. Taylor (reappointed)



Member Representing the Development Community



Mr. R. J. (Bob) Fegers (reappointed)



Member Representing the Business Community



Mr. Skip Goerner



Member Representing Agricultural Interests



Mr. Bill Benham



At-Large Member



Mr. Steve Adams



Member Representing Lake County Schools



Mr. Buddy Martin (reappointed)



Member Representing St. Johns River Water Management District



Mr. Gene Caputo (reappointed)



Member Representing Florida Fish and Wildlife Conservation Commission or Other State Agency



Mr. William Coleman



APPOINTMENTS-RESIGNATIONS/COMMITTEES

TRANSPORTATION DISADVANTAGED COORDINATING BOARD

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the appointment of Mr. Tom Winn as the Lake County Community Transportation Coordinator on the Transportation Disadvantaged Coordinating Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

HISTORICAL MUSEUM ADVISORY COMMITTEE

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the Historical Museum Advisory Committee, as follows:

Member to Serve a Three Year Term Beginning March 28, 2001

Ms. Sanna Henderson

Alternate Member to Serve A Three Year Term Beginning March 28, 2001

Ms. Louise Carter

Member to Complete an Unexpired Term Ending March 28, 2003

Mr. Robert Cook

At-Large Member

Ms. Pauline Yowler

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/CODE ENFORCEMENT

LAWSUITS AFFECTING THE COUNTY

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, explained this request, stating that the County Attorney's Office was recommending approval of a Settlement Agreement and approval of a Satisfaction and Release of Lien, in the lawsuit of Lake County vs. Mary Berry, Johnnie Berry, and Ava Berry. She stated that this lawsuit stems from a Code Enforcement case involving junk trash and debris, however, subsequent to the Code Enforcement lien being filed Ms. Mary Berry obtained a deed to the property and has expended a substantial amount of funds to clear the violation. She stated that the violation is now clear and Ms. Berry has paid the fine in full, as well as the costs involved with the foreclosure action and the cost of filing the lawsuit.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a Settlement Agreement and approval of a Satisfaction and Release of Fine, in the matter of Lake County vs. Mary Berry, Johnnie Berry, and Ava Berry - County Court Case No. 99-1673CC00101.

REPORTS

COUNTY ATTORNEY

COMMITTEES/ORDINANCES

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, explained this request, stating that the County Attorney's Office was requesting approval to advertise an Ordinance creating the Lake County Palatlakaha Environmental and Agricultural Reserve (PEAR) Advisory Committee. She stated that the draft Ordinance does not have a sunset provision, nor does it provide that this Committee take issues to the Parks and Recreation Board, before taking them to the Board of County Commissioners for approval, as suggested by Mr. Bob Stevens, Manager, Parks and Recreation Division, Facilities and Capital Improvements, and Commr. Cadwell, during the previous discussion, however, noted that it can be revised to include those two items, if that is what the Board desires.

Commr. Cadwell questioned whether the sunset provision can be worded to state that it will just take Board action to continue the committee, without having to amend the Ordinance, or whether the matter would have to be brought back before the Board in a public hearing.

Ms. Fuchs stated that the County Attorney's Office can draft language that would make it possible to change the sunset provision, without having to bring the Ordinance back before the Board for approval.

It was noted that this request was strictly for approval to advertise; therefore, the changes alluded to could be brought back to the Board at a later date.

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance creating the Lake County Palatlakaha Environmental and Agricultural Reserve (PEAR) Advisory Committee.

REPORTS

COUNTY ATTORNEY

RIGHTS-OF-WAYS, ROADS AND EASEMENTS/ORDINANCES

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, explained this request, stating that the County Attorney's Office was requesting approval to advertise an Ordinance creating Chapter 18, Lake County Code, entitled Vacation of Platted Easements, stating that its purpose is to create a mechanism where owners and developers can apply to vacate utility and drainage easements on existing plats, so that they do not have to piece-meal every single easement.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance creating Chapter 18, Lake County Code, entitled Vacation of Platted Easements.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

COMMITTEES

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, explained this request, stating that the County Attorney's Office was requesting approval and execution of an Interlocal Agreement between Lake County and the East Central Florida Regional Planning Council, to create a Regional Development Program, in the amount of $50,000.00 per year, for a three year period. She stated that the East Central Florida Regional Planning Council was created, pursuant to Chapter 186 of the Florida Statutes, and consists of six counties - Lake, Brevard, Osceola, Orange, Seminole, and Volusia.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of an Interlocal Agreement between Lake County and the East Central Florida Regional Planning Council, to create a Regional Development Program, in the amount of $50,000.00 per year, for a period of three years.

REPORTS

COUNTY ATTORNEY

BONDS/RESOLUTIONS

Ms. Valerie Fuchs, Assistant County Attorney, County Attorney's Office, explained this request, stating that it was a request for approval and execution of the Authorizing Resolution to Ratify Issuance by the Orange County Housing Finance Authority of Homeowner Revenue Bonds and Single Family Mortgage Revenue Bonds, from the Draw Down Series, on behalf of Lake County, for the financing and purchasing by individual first time homeowners of new or existing owner-occupied single family residences. She stated that this request is in compliance with TEFRA (Tax Equity and Fiscal Responsibility Act), to provide financing for low income families.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of Authorizing Resolution No. 2001-56, to Ratify Issuance by the Orange County Housing Finance Authority of Homeowner Revenue Bonds and Single Family Mortgage Revenue Bonds, Draw Down Series, on behalf of Lake County, for the financing of purchases by individual first-time homeowners of new or existing owner-occupied single family residences. REPORTS

COUNTY MANAGER

ACCOUNTS ALLOWED/GRANTS/STATE AGENCIES

Ms. Sue Whittle, County Manager, explained this request, stating that it was a request to accept an award for the One-Stop Permitting Grant, in the amount of $49,910.00. She stated that the County was successful last year in obtaining a grant from the State of Florida to participate in the State's One-Stop Permitting Program. She stated that the County successfully completed that grant and has been notified that it will receive another $49,910.00 for the 2001 grant. She stated that staff was very pleased with that and would like to accept the grant.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager for approval and acceptance of an award for the One-Stop Permitting Grant, in the amount of $49,910.00.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MEETINGS

Commr. Pool informed the Board that Mr. Alvin Jackson, Deputy County Manager, attended the Citrus Ridge Meeting that was held Thursday, March 15, 2001, in his place, due to the fact that he had another commitment, and that he wanted to thank him for doing so. He stated that he made it to the meeting; however, he was a little late. He stated that there are some splintered groups in Citrus Ridge who are not very well organized on what they want to do; therefore, he suggested that they try to come back with some organization and bring their groups back together.

REPORTS

COMMISSIONER POOL - DISTRICT 2

ST. JOHNS RIVER CELEBRATION

Commr. Pool informed the Board that he wanted to thank everyone who participated in the 2001 St. Johns River Celebration, a one-day volunteer cleanup of the St. Johns River and its major tributaries and contributing waterways, that was held Saturday, March 17, 2001. He stated that it was a lot of fun and that a lot of garbage was pulled out of the County's lakes.

REPORTS

COMMISSIONER POOL - DISTRICT 2

ROADS-COUNTY AND STATE

Commr. Pool informed the Board that the County has been given notification that, because of its efforts in the TOPS Program, it has been awarded $1.2 million for Hook Street and $2.1 million for Hwy. 50. He stated that the efforts of the South Lake/West Orange Transportation Task Force have paid off and the County's lobbyist has done a fantastic job.

REPORTS

COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4

MUNICIPALITIES

Commr. Hanson informed the Board that construction was started on the sewer system in Astor on Friday, March 16, 2001, which has made the residents of Astor very happy.

ADDENDUM NO. 2

REPORTS

COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Hanson was appointed to apply to the Mid-Florida Area Agency on Aging, Inc., to become a member of the Board of Directors.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.







________________________________ CATHERINE C. HANSON, CHAIRMAN





ATTEST:







________________________________

JAMES C. WATKINS, CLERK



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