A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 25, 2001

The Lake County Board of County Commissioners met in regular session on Tuesday, September 25, 2001, at 9:00 a.m., in the Board of County Commissioners' 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; Jennifer Hill; and Debbie Stivender. Others present were: Sanford A. Minkoff, County Attorney/Interim County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioners' Office; and Kathryn A. Schwartz, Deputy Clerk.

The Invocation and Pledge of Allegiance were led by Commr. Cadwell.

AGENDA UPDATE

Ms. Valerie Fuchs, Assistant County Attorney, stated that she would like to add an action item to the agenda, under the County Attorney's Business, regarding a request from Home Depot to extend their option to purchase a piece of property in the Christopher C. Ford Industrial Park. On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the placement of the request, as stated, on the agenda.

Commr. Hanson stated she had an item to add to the agenda, under her business, regarding compensation to the County Attorney, Mr. Sanford A. Minkoff, as remuneration for his duties as the Interim County Manager.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the placement of the compensation item on the agenda, as stated.

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, addressed the Board stating that sometime during today's meeting he would like to discuss the Board's meeting schedule for January 2002.

Commr. Hanson stated that she would like to pull Tab 1 from the County Manager's Consent Agenda, for discussion, placing it later on the agenda, to follow the rezonings.

PUBLIC HEARING -

ORDINANCE AMENDING CHAPTER 21, WATER SUPPLY

AND WASTE DISPOSAL, LAKE COUNTY CODE

Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed ordinance on the floor, by title only, and noted that it would be Ordinance Number 2001-124, if approved by the Board:



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 21, LAKE COUNTY CODE, WATER SUPPLY AND WASTE DISPOSAL TO PROVIDE FOR AMENDMENTS TO SECTION 21-53, VIOLATIONS; PROVIDING FOR CREATION OF SECTION 21-61, GENERAL REQUIREMENTS AND RESPONSIBILITIES; PROVIDING FOR AMENDMENT TO SECTION 21-111, GENERAL REGULATIONS; PROVIDING FOR AMENDMENT TO SECTION 21-115, CHARGES; PROVIDING FOR AMENDMENT TO SECTION 21-144, YARD TRASH; PROVIDING FOR AMENDMENT TO SECTION 21-148.2, ACCESS TO RESIDENTIAL DROP-OFF CONVENIENCE CENTERS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Bill Gilley, Senior Director of Solid Waste Management, addressed the Board stating that the ordinance was necessitated based upon the actions of the Board on September 4, 2001. He described the three options now available to residential customers, as follows: to contract with a waste-disposal franchise for collection service, obtain a self-haul permit from the County, or utilize the designated drop-off sites and the landfills and pay as you go. He explained the need for the franchises to notify Solid Waste Management when a customer's service is cut off for nonpayment. He explained that there should be no unauthorized duplication or use of the self-haul cards. Mr. Gilley expected that he would be back in October with more recommended changes regarding enforcement policies.

The Chairman opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Ordinance Number 2001-124, by title only, as stated above.

PUBLIC HEARINGS - REZONINGS

CASE NO. PH 53-01-5 - CLYDE BERGER

LEO STEINMETZ - R-1 TO R-4

TRACKING NO. 114-01-Z

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that the applicant, Mr. Leo Steinmetz, is requesting a 61-acre parcel, located in Lady Lake, to be rezoned from R-1(Rural Residential) to R-4 (Medium Suburban Residential). She stated the applicant is requesting the proposed project be serviced by private water and individual septic tanks. Ms. Farrell stated that staff has recommended denial of the request for R-1 to R-4, recommending, instead, R-2 (Estate Residential). She noted that the Planning and Zoning Commission voted 8-0 to deny R-4 zoning. She stated her recommendation of denial is based on the residential points and the fact that they are using septic tanks. She stated, under the Urban Area Residential Density Point System (Point System), 2.5 units per acre was calculated; therefore, staff's recommendation is for R-2 zoning.

The Chairman opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant, Mr. Leo Steinmetz, was present, and there was no opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

It was stated that the applicant was not interested in the recommended R-2 zoning.

The Chairman reopened the public hearing to receive comments on behalf of the applicant.

Mr. Barry Ginn, with Ginn Engineering of Lady Lake, Florida, addressed the Board stating he was present on behalf of Mr. Clyde Berger, who is the owner of the subject parcel, and Mr. Leo Steinmetz, of Steinmetz Construction and Development Company, who is the authorized agent. He stated the purpose of their presence today is to discuss the rezoning application for Austin's Place (the name of the proposed subdivision), which has been submitted to the County for review and approval. He stated that at the Planning and Zoning Commission meeting, held September 5, 2001, they formally requested a change to their original rezoning request; that they, instead, asked that R-3 zoning be considered, in lieu of R-4 zoning. He noted that their request for R-3 zoning failed but felt that R-3 is consistent with existing and future land uses and does comply with the County's regulations. Mr. Ginn described the proposed development as consisting of 150 quarter-acre lots with a centralized water system and septic tanks with drain-field applications for disposing of wastewater, which would give a net density of 2.43 dwelling units per acre.

Mr. Ginn described the location of the proposed subdivision, displaying Applicant's Exhibit A-1, a rezoning aerial map, for the Board's review, describing the surrounding land and zoning. He stated, in his opinion, the requested rezoning is not inconsistent with existing land uses, since there are other high-density developments in proximity to the proposed subdivision.

Mr. Ginn discussed the Urban Area Residential Density Chart, prepared by staff. He explained that the total number of points scored was 28, which would allow a maximum density of 2.5 dwelling units per acre. He pointed out that the total amount of points scored by the proposed project is very close to being in the next classification, which would allow up to 3.5 dwelling units per acre, being only 3 points from reaching that threshold. He stated it was their intention to develop the property with a total net density of 2.43 dwelling units per acre, under R-3 zoning. Mr. Ginn stated the subject parcel is located on the fringe of the urban and urban expansion area of the County's future land use map; that R-3 zoning would provide a nice transition between the urban and urban expansion area designated on the future land use map.

In conclusion, Mr. Ginn asked the Board to consider overturning the recommendation of the Planning and Zoning Commission and grant their request for R-3 zoning.

Mr. Steinmetz, Lady Lake, Florida, addressed the Board stating that on a number of occasions staff and commissioners from the Town of Lady Lake have come to him asking that he annex this property into their town so as to provide much-needed housing for young families working in the area. He pointed out that Lady Lake, in the past, has considered up to six units per acre. He explained that there were several reasons for not choosing to do so; that he was really asking for 2.43 units per acre. He explained that staff from The Villages have also come to him asking that inexpensive housing be built; that there currently was not enough in the area. He thought that between Lady Lake and Fruitland Park this may be the first subdivision of its kind to accommodate homes with 1,250 to 1,350 square feet of living area. He pointed out that, with current interest rates, housing has become as affordable, or even more affordable, as renting. He emphasized that they do not want to build six units to the acre; rather, they want something that is going to be compatible with the area.

Mr. Ginn stated he would be happy to answer any questions about the subject property. He stated that there would be central water but not sewer, but there would be a septic tank drain field application. He explained that there are no central sewer and water systems located close to the parcel, noting that the closest water connection is about three-quarters of a mile away from the property. For the record, he stated that the subdivision of Water Oaks has a private system and that they cannot connect to this system for wastewater.

Mr. Steven J. Richey, Esquire, representing Mr. W. C. and Mrs. Peggy Kauffman, neighbors, who own a piece of rural property nearby, addressed the Board. He stated that the fact that the subdivision of Water Oaks is next-door, offering nine units to an acre on central water and sewer, does not necessarily mean that this property should be rezoned to four units to the acre; that, under the Point System, it calculates to 2.5 units per acre. He described the surrounding property as rural and rural estates. He explained that his clients have a large tract of property, used for farming and other activities, and they do not have any opposition to two units per acre but think that going above that is not compatible with the surrounding density of five-acre tracts and above.

Mr. Richey stated that, of interest, Lady Lake is buying the Water Oaks water and sewer system. He pointed out that if the subject parcel were annexed into Lady Lake, and annexed at a higher density, that it might be on central water and sewer, if the sale is completed. He suggested that, under the Point System, two to 2.5 units per acre may be more appropriate and compatible with the rural nature of the surrounding property. He explained that his clients do not have a problem with Mr. Steinmetz developing this piece of property with two units to the acre; however, four units to the acre would be inappropriate; and that it cannot meet the criteria for three units to the acre. He suggested a PUD at 2.5 units to the acre, or some density lower than that, would be appropriate.

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

Commr. Cadwell stated he appreciated the applicant's willingness to provide affordable housing in the area, noting that the problem does exist, but that there were some other problems with this parcel that concerned him, one of which is the lack of water or wastewater systems in the area due to existing densities, and, two, problems with access to Lake Griffin Road, due to capacity and travel problems. He believed the proposed project was inconsistent with the surrounding area.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and denied Case Number PH 53-01-5, Clyde Berger/Leo Steinmetz, a request for rezoning from R-1 ( Rural Residential) to R-4 (Medium Suburban Residential), Tracking Number 114-01-Z.

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board, requesting permission to continue five cases, as follows:

CASE NO. 55-01-3 - ALBERT KREIBICK

LESLIE CAMPIONE, ESQ. - AMENDMENT TO EXISTING ORDINANCE

TRACKING NO. 118-01-MP/AND

Ms. Farrell stated that the request for a continuance was on behalf of both staff and the applicant, for 30 days, until October 23, 2001, to work out water quality and environmental issues on the property.

CASE NO. PH 57-01-3 - PIERCE HARDY REAL ESTATE COMPANY,

HARDY MANAGEMENT COMPANY, INC.

STEVEN J. RICHEY, P.A. - AMENDMENT TO CP ORDINANCES

TRACKING NO. 116-01-CP/AND

Ms. Farrell stated that there was an additional use that staff had permitted in the ordinance, through the public hearing, but had been left out of the newspaper advertisement; that this needed to be corrected, not wanting to take any chances. She requested a postponement, for 30 days, until October 23, 2001, to run a corrected legal ad in the newspaper.

CASE NO. LPA 01/9/4-2 - W. T. COX, JR., TRUSTEE

STEVEN J. RICHEY, P.A. - SUBURBAN TO URBAN EXPANSION

TRACKING NO. 124-01-LPA

CASE NO. LPA 01/9/6-2 - GOLDEN FLEECE GROVES, INC.,

LAND OF GROWTH INVESTMENT CORP., AND CHARLES HWANG

STEVEN J. RICHEY, ESQ. - SUBURBAN TO EMPLOYMENT CENTER

TRACKING NO. 126-01-LPA

Ms. Farrell stated that Mr. Steven J. Richey, Esquire, has requested a 30-day continuance for the above two cases (with staff concurring), until October 23, 2001, to afford him the opportunity to discuss the applications with the Florida Department of Community Affairs and to work out some other issues that staff has regarding the requests.

CASE NO. LPA 01/9/1-2 - PARVIZ MARK SABETI -

PARADISE EIGHTY, INC. - GENERAL IMPEX CORP.

CECELIA BONIFAY, ESQ., OF AKERMAN, SENTERFITT & EIDSON, P.A. -

SUBURBAN TO URBAN EXPANSION

TRACKING NO. 121-01-LPA

Ms. Farrell stated that Ms. Cecelia Bonifay, Esquire, has requested a continuance until April 2002, the next Amendment Cycle.

The Chairman noted that there was no public comment and no opposition to the requests. On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the continuance of Case Numbers 55-01-3, 57-01-3, LPA 01/9/4-2, LPA 01/9/6-2, and LPA 01/9/1-2, for the reasons stated above.

CASE NO. PH 58-01-2 - SARAH E. MCCRARY AND WILLIAM J. STAATS

OAK TREE BAPTIST CHURCH - R-6 TO CFD

TRACKING NO. 115-01-CFD

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that the Oak Tree Baptist Church is requesting a rezoning of ten acres, located in the Groveland area, from R-6 (Urban Residential) to CFD (Community Facility District), to construct a church and for associated uses. She stated that they will, in the future, be served by the City of Groveland water and sewer, and, based on the surrounding area, there is a lot of residential development in the area to support the church. She stated staff recommends approval; that the Planning and Zoning Commission recommended approval 8-0.

The Chairman opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present, and there was no opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

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 Case Number PH 58-01-2, Sarah E. McCrary and William J. Staats/Oak Tree Baptist Church, a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for construction of church buildings and associated uses, Tracking Number 115-01-CFD, Ordinance Number 2001-125.

CASE NO. PH 54-01-2 - T. E. NEVILLE/ED W. SIMMONS, JR., ET AL.

CONSOLIDATED INVESTMENT PROPERTIES - A TO MP

TRACKING NO. 117-01-MP

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that Consolidated Investment Properties has a 6.5-acre parcel of land located in the Minneola area, which currently has A (Agricultural) zoning, and they are requesting MP (Planned Industrial) for light industrial storage, assembly, distribution, and an office warehousing center. She stated that the applicant has indicated the proposed project would be serviced by an individual well and septic tank. Ms. Farrell explained that, based on the information submitted and also on the County's Comprehensive Plan, staff has recommended denial for this particular request since a new industrial use would require central water and sewer and also because the proposed facility would be a great distance from an employment-pool area.

Commr. Pool disclosed, for the record, that he did speak verbally with the applicant, by phone.

Commr. Hanson stated she had a conflict in this case; that her real estate office is involved in the transaction; therefore, she will not be participating or voting. A Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was submitted by Commr. Hanson and is found in the backup material. Commr. Hanson turned the meeting over to Vice Chairman Pool.

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

Mr. T. E. Neville, owner and applicant, addressed the Board and discussed in detail the location of the property, stating that the property adjoins a similar facility to the south. He explained that they are acquiring a five-acre parcel in between other properties that they already own. He stated the intended use of the property was to construct a door-and-trim facility (not retail in nature) to assemble and distribute doors and trim packages for the construction industry. He stated his operation is not a noisy operation; that they do not use toxic substances; that no water is used in the production process. He discussed the issue of transportation, noting that the location is well suited to their needs, enabling them to serve Lake County from their Sanford center; that it is more cost effective to be located on site. He stated his understanding of the water and sewer issue, as follows: that if you apply for Light Industrial, the request would be denied, but if you applied for Planned Industrial, under its rules and policies the request would be permitted, at the Board's discretion. He emphasized the minimal use of water and sewer; that the land is well elevated and well drained.

Mr. Neville referred to the aerial map, found in the backup material, and identified another business along the corridor, Del-Air Heating and Air Conditioning, whose owner is also a partner in the door company. He explained that the proposed endeavor is an expansion of businesses that they already have, primarily needing to consolidate for transportation purposes. He also addressed the employment issue, anticipating approximately 30 employees, possibly expanding to 40, with the nature of the job being delivery and assembly, with management, and salaries ranging from $14.00 to $15.00 an hour.

It was noted that no one present wished to speak in opposition to the request.

Ms. Farrell reiterated that staff's main concerns were water and wastewater availability and the commuting time of the labor force.

Commr. Cadwell pointed out that in the past they have heard similar cases and that, after staff was convinced that the process the applicant was going to use would not utilize an extraordinary amount of water and wastewater, they have tended to approve these types of requests. It was noted that in the past staff has either had an agreement for future hookup or the case went to Special Master. It was also explained that if the facility were approved and the use of the facility were to change dramatically, to a more intense use, the owner would be required, through the specific language of the ordinance and the backup, to come back before the Board with their request.

The applicant affirmed that he would be willing to add to the ordinance the requirement that they hook up to water and wastewater services when it becomes available.

Commr. Pool commented that the parcel is situated between two major highways on a very narrow strip of land. He referred to the aerial map, found in the backup material, noting that you can see what other uses have taken place along this narrow strip of land. He stated that the potential for providing job opportunities at $14.00 to $15.00 an hour was above what they have currently been trying to accomplish. He stated he had no problem with the request and that he understood staff's position; however, once central water and sewer were available they would hook up. From his perspective, he thought it was a good opportunity, and it was near the employment center of the Christopher C. Ford Industrial Park.

It was noted that the Planning and Zoning Commission recommended approval of Case Number PH 54-01-2, but the motion failed by a vote of 3-3.

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

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried by a 4-0 vote, the Board approved to amend Section 1 of the proposed ordinance to include Item H, which shall state that the applicant will connect to water and wastewater when it becomes available, Case Number PH 54-01-2, T. E. Neville/Ed W. Simmons, Jr., et al./Consolidated Investment Properties, a request for rezoning from A (Agriculture) to MP (Planned Industrial) for light industrial storage, assembly, distribution, and office warehousing center, Tracking Number 117-01-MP.

Commr. Hanson abstained from the discussion and vote.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried by a 4-0 vote, the Board approved Case Number PH 54-01-2, T. E. Neville/Ed W. Simmons, Jr., et al./Consolidated Investment Properties, a request for rezoning from A (Agriculture) to MP (Planned Industrial) for light industrial storage, assembly, distribution, and office warehousing center, Tracking Number 117-01-MP, Ordinance Number 2001-126, as amended above.

Commr. Hanson abstained from the discussion and vote.

At this time, Vice Chairman Pool turned the meeting over to Chairman Hanson.

CASE NO. CUP 01/7/4-3 - DANNY LEN

C/O DOLORES LEN REVOCABLE FAMILY TRUST

NEXTEL COMMUNICATIONS - CUP IN CP

TRACKING NO. 110-01-CUP

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that this request was postponed last month for 30 days, and that, since that time, Mr. Bruce Duncan, Esquire, who represents a group of neighboring residential property owners, and Mr. Robert Merrell, Esquire, who represents Nextel Communications (Nextel), got together and have come up with an agreement. She explained that she provided earlier this morning County's Exhibit C-1, a copy of a letter dated September 21, 2001, from Mr. Merrell to Mr. Duncan, which outlines the agreement, having taken the language from the letter and incorporated it into the proposed ordinance. She stated that staff recommends approval, since the applicant has changed their request from a 180-foot tower to a 100-foot tower.

The Chairman opened the public hearing portion of the meeting and called for public comment. It was noted that Mr. Duncan and Mr. Merrell were present.

Mr. Merrell addressed the Board stating that County's Exhibit C-1 has been signed by himself and Mr. Duncan. He reminded the Board that an extensive package of backup material, with the application, was given to them at the August 28, 2001, Board meeting. He was pleased to announce that they were able to utilize the past 30 days and come to an agreement. He thought the neighbors were very helpful, along with Mr. Duncan, and appreciated that. He noted that there were six items that have been agreed to, in addition to what they have done over the last year, and would be incorporated into the ordinance. He encouraged the Board to include these six items as part of the Board's motion. He stated he would be happy to answer any questions the Board might have.

Mr. Duncan addressed the Board expressing his appreciation for the Board's wisdom last month in continuing the case, allowing them to meet with the applicant. He stated the letter that has been proposed (County's Exhibit C-1) is in accordance with the language that was discussed at their meetings; that they are very pleased with the settlement. He stated that Mr. Jack Eaton and Mr. Bill Wells, the property owners who would be most directly affected by the construction of the tower, are very satisfied with the compromise, which will provide for both a visual buffer as well as a noise buffer, two of their primary concerns. He noted there would be no opposition from the Homeowners' Association.

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

Commr. Stivender thanked Mr. Duncan and Mr. Merrell for working out an agreement.

On a motion by Commr. Stivender, 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 Case Number CUP 01/7/4-3, Danny Len c/o Dolores Len Revocable Family Trust/Nextel Communications, a request for a CUP (Conditional Use Permit) in CP (Planned Commercial) to erect a 100-foot-high monopole telecommunications tower on site with an existing car dealership, Tracking Number 110-01-CUP, Ordinance Number 2001-127, amended as follows: upon the condition that the language contained in the letter to Mr. Duncan, from Mr. Merrell, dated September 21, 2001, and marked as County's Exhibit C-1, Items A through F, be incorporated into the ordinance.



CASE NO. PH 59-01-5 - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS LAKE COUNTY DEPARTMENT OF PARKS AND RECREATION -

C-2 AND AGRICULTURE TO CFD

TRACKING NO. 119-01-CFD

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that the County is the applicant in this request. She explained that the request involves a little under three acres, located in Altoona; that the subject parcel currently has commercial zoning; and that the Department of Parks and Recreation is requesting that it be rezoned to a CFD (Community Facility District) for the construction of a public park (McTureous Park) and associated uses. She stated that staff has recommended approval and that the Planning and Zoning Commission has recommended approval 7-1.

Commr. Cadwell noted that they are moving along briskly in getting the park ready for the November meeting. It was noted that the park is in Commission District 5, not 4, and that the correct case number is 59-01-5.

The Chairman opened the public hearing portion of the meeting and called for public comment. There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

Commr. Cadwell made a motion, which was seconded by Commr. Pool, to uphold the recommendation of the Planning and Zoning Commission and approve Case Number 59-01-5, Lake County Board of County Commissioners/Lake County Department of Parks and Recreation, a request for rezoning from C-2 (Commercial) and A (Agriculture) to CFD (Community Facility District) for construction of a public park and associated uses, Tracking Number 119-01-CFD, Ordinance Number 2001-128.

Under discussion, Commr. Hill discussed Case Number PH 58-01-2, Sara McCrary and William Staats/Oak Tree Baptist Church (approved earlier this morning), noting that there were a lot of land-use requirements attached to the church's request that were not attached to the County's request. She inquired if the County is governed by the same rules.

Ms. Farrell confirmed that similar land-use requirements would be applied to County-owned properties and explained why, in this particular case, they were not listed on the ordinance; that they had already met all the requirements to move forward. It was noted that what already exists around the site in this case is different from what surrounds the church property, which is out in a very rural area and needs more checkpoints.

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

CASE NO. PH 60-01-4 - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS

LAKE COUNTY FACILITIES AND CAPITAL IMPROVEMENTS -

LM AND CUP TO CFD

TRACKING NO. 120-01-CFD

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that the County is the applicant in this particular case. She stated that staff has recommended approval and that the Planning and Zoning Commission has also recommended approval.

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, confirmed that the request involves only the fire station (located in the Astor area) and not a library, due to prior Board action; that the Astor library is being moved to another location.

The Chairman opened the public hearing portion of the meeting and called for public comment. There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

Commr. Cadwell stated that he has worked with the folks in Astor; that he does not know of any other viable land that has been brought forward nor has he heard anything; that he has offered to discuss the issue with anyone who still had concerns but that he has not received any feedback. Commr. Hanson and Mr. Minkoff both confirmed that they too have not heard of any major opposition. It was noted that the subject property had signs posted to let folks know that the hearing had been scheduled.

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 Case Number PH 60-01-4, Lake County Board of County Commissioners/Lake County Facilities and Capital Improvements, a request for rezoning from LM (Light Industrial) plus Conditional Use Permit (CUP) to CFD (Community Facility District) to provide use of the site for a public library and fire services, Tracking Number 120-01-CFD, Ordinance Number 2001-129, amended as follows: that the ordinance is to include only the language for the fire station and not the library.

ANIMAL CONTROL/CODE ENFORCEMENT

CONTRACTS, LEASES AND AGREEMENTS

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that they have had two Special Master meetings regarding a Settlement Agreement between Mr. Gary P. and Mrs. Karen J. Pause and the County. She described the situation as a small pig in a residential area where there have been concerns voiced by some of the neighbors. She referred to a letter from Mr. Gus Heim and a proposed Settlement Agreement found in the backup material. She stated that staff continues to have concerns regarding opposition to the pot-bellied pig, and that, therefore, they could not support the Settlement Agreement recommended by the Special Master. She noted that usually a Special Master agreement will result in total agreement by the parties but that this particular case did not. Ms. Farrell explained that if the Board were to deny the recommendation found in the Special Master agreement that the case would go back to Code Enforcement as a Code Enforcement case. It was explained that Mr. and Mrs. Pause could seek outside counsel to determine if they had any appellate rights.

Mr. Jimmy Crawford, attorney for Mr. and Mrs. Pause, addressed the Board giving a brief history of the situation and discussing issues such as the approximately $50,000 in fines that have accrued thus far; that the pig is a seven-year-old Vietnamese miniature pot-bellied pig, weighing approximately 150 pounds (roughly the size of a Rottweiler) with a life expectancy of about 15 years; that the Pauses' property (referring to Applicant's Composite Exhibit A-2, an aerial photograph and plat of the area) is approximately .9 acres in size and completely treed; that application was made for a Conditional Use Permit (CUP) and denied by staff; that there is support by all of the immediate neighbors, as described in the letters in Applicant's Composite Exhibit A-3; that the pig was originally purchased due to family members having allergies to other domestic animals, such as dogs; that currently the Pauses do have a dog, and family members are taking the appropriate medication for their allergies; that an allergy skin test was performed on Seth Pause, as noted in Applicant's Exhibit A-4.

Mr. Crawford briefly described the history behind the two Special Master Settlement Agreements; that the agreements were basically the same with the exception that the second agreement had the following two caveats added: that the Code Enforcement fines should be forgiven; that the pig should never cause a nuisance or it would have to be removed. He asked that the Board approve the Special Master Settlement Agreement.

Discussion occurred between the Board members and Mr. Crawford regarding the concern that the agreement will be approved but the pig will continue to be a nuisance; regarding Animal Control ordinances and pot-bellied pigs; regarding the use of a CUP; and regarding the size of the lots in the area.

It was noted that Tab 1 was being addressed somewhat as a quasi public hearing; therefore, the Board inquired if there was anyone else present who wished to speak either for or against the case.

Mr. Henry Scott Bowling, Pine Harbor Subdivision, addressed the Board in opposition, stating that he lives near the Pauses; that not all the neighbors who oppose the pig are four houses away (there is one closer), and he suggested that the Board look at the plat to determine exactly where the neighbors reside. He expressed the opinion that the subdivision rules have been broken; that people are not supposed to have pigs but have typical pets. He felt the pig was a large pig but stated that he does not see it very often. He thought that holding meetings with a Special Master was a good forum to try to bring the community together to work through this; however, he was displeased with the way the Special Master handling this case conducted himself and the meetings. He explained that he was not given a chance to voice his opposition as vigorously as he would have liked; that the Special Master changed his ruling from no approval to approval. He asked that the Board consider using a different Special Master and reconvening the meetings.

Ms. Pat Nichols, Pine Harbor Subdivision, addressed the Board in opposition to the request. She agreed that there should be fines against Mr. Pause. She explained that she owns three lots in the neighborhood; that two of them have been on the market for a while and that she is having difficulty selling them; that potential buyers see the pig and walk away. She felt the pig causes problems.

Mr. Gerald Dellinger addressed the Board stating that he resides on the other side of the Pine Harbor Subdivision on North Putney Court; that he has always been against having the pig in the neighborhood. He explained that when the Pauses first got the pig it ran loose or they would walk it on a leash in the neighborhood. He wondered why there is currently a dog in the household when family members have stated that they were allergic. He also expressed his disappointment with the actions of the Special Master. He expressed the opinion that the Pauses should pay a percentage of the fine; that they should get rid of the pig.

Mr. Crawford, in response to the opposition, presented to the Board Applicant's Exhibit A-5, a July 26, 2001, letter from Robert L. Lyles, Jr., Realtor, who stated, in his opinion, that the pig is not a "latent defect." Mr. Crawford displayed the Settlement Agreement, found in the backup material, reading items a. through d. of Section 5 and outlining the conditions under which the pig could be maintained. He also referred to Applicant's Exhibit A-6, a July 16, 2001, letter from a friend, Dawn M. Boyd, setting forth her understanding of the circumstances.

In conclusion, Mr. Crawford stated that, given the specific conditions cited in the agreement, the pig would not be a detriment to the neighborhood. He asked that his clients be permitted to keep the animal. He stated that if the County would like to keep a portion of the fine, to cover costs, that his clients would not be opposed; that they just want to get the issue settled. He stated that Mr. Pause was present if the Board would like to speak to him.

Commr. Cadwell pointed out that the Board deferred the case while it looked at changing the pertinent ordinance; that, after some review, the Board decided it did not want to change the ordinance, expand on it, or clarify any CUPs. He noted the process has been ongoing for about five years, with the Pauses continuing to maintain the pig at their home; that the neighbors have been patient through the legal process; that the mediation process could not come to terms to make everyone happy; and that, realizing the case is important to everyone, it would be a mistake to approve the Special Master Settlement Agreement. It was explained that both parties have avenues of recourse that they could pursue; that the Code Enforcement case has been finalized; that there are possible appellate rights remaining; that the fines will continue to accrue; and that the County cannot foreclose on the property until the owners were to sell or are deceased.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board denied the Special Master Settlement Agreement recommendation for Mr. Gary P. and Mrs. Karen P. Pause (SM-2-01).

REPORTS/COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/LEGAL SERVICES

Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board stating that the agreement between the County and the Greater Orlando Area Legal Services, Inc. (GOALS), for appellate work in dependency and termination-of-parental-rights cases is about to expire; that staff is recommending extending the agreement an additional year, which the current agreement allows.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the renewal of the agreement between Lake County and GOALS for appellate work in dependency and termination-of-parental-rights cases.





CONTRACTS, LEASES AND AGREEMENTS/LEGAL SERVICES/INDIGENTS

Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board stating that staff recommends approval of the Third Amendment to Agreement Between Lake County and Mr. W. Scott Wynn, who is the County's outside counsel for juvenile dependency and termination cases; that this will extend the agreement for an additional two years, under the same attorneys' fees; that the only changes to the agreement are the costs and expenses for copying and postage, which goes from $500.00 to $666.66 per month. She confirmed that the agreement is considered to be fair by all parties. She stated that, in fact, two judges have indicated that they are very happy with the attorneys handling the cases.

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, stated that he has spoken with Judge Briggs who has indicated that the judiciary is very happy with the system that has been set up which provides representation for the parents.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Third Amendment to Agreement between Lake County and Mr. W. Scott Wynn for Legal Representation of Indigents in Dependency and Termination Cases.

CONTRACTS, LEASES AND AGREEMENTS/LEGAL SERVICES/INDIGENTS

Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board stating that staff recommends approval of the Second Amendment to Agreement Between Lake County and Ms. J. J. Dahl.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Second Amendment to Agreement Between Lake County and Ms. J. J. Dahl for Legal Representation of Indigents in Dependency and Termination Cases.

PERMITS/WATER RESOURCES

Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board regarding a request from Home Depot to purchase additional property in the Christopher C. Ford Industrial Park in order to address some drainage/permitting issues brought up by the St. Johns River Water Management District (SJRWMD). She stated that Home Depot's option expires September 30, 2001; that they would like to extend their option until January 31, 2002.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request by Home Depot for an extension on their option to purchase a piece of property at the Christopher C. Ford Industrial park until January 31, 2002, due to drainage/permitting issues to be settled with SJRWMD.

RECESS AND REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would take a ten-minute recess.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

SOLID WASTE MANAGEMENT/CONTRACTS, LEASES AND AGREEMENTS

Mr. Bill Gilley addressed the Board stating that what is before the Board today is a request for an extension of the current hauler contracts with the following three haulers: Florida Recycling Services, Inc. (formerly Industrial Waste Service); Onyx Waste Services, Inc. (formerly South Lake Refuse); and Waste Management, Inc. (formerly Town and Country Refuse). He discussed the proposed changes to the current collection contract, as follows: that staff is asking for a four-year extension; that the haulers' current contracts will expire in one year, so staff is asking to extend the contract for a total of five years; that, as part of the extension, staff has established standardized commercial rates, with a 6-to-8-percent average increase. Mr. Gilley also discussed the modification of the billing options, as follows: that the County will bill the residents for disposal; that the haulers will bill for collection. It was noted that provisions have been made that would allow for amendment of the contract for the implementation of universal collection if approved during the term of the contracts.

Mr. Gilley stated that the changes to the proposed contract will enable the County to have more control over the types of recyclable materials collected at curbside; that staff has also tried to streamline the contract to conform with the Lake County Code; that a lot of the definitions were basically written out of the contract since they are covered under Chapter 21; that the contract requires the separation of residential, commercial, and municipal solid waste collections, which would allow staff to get a good handle on the waste tonnage that is being generated by the various customers. He explained that, due to the interlocal agreements, some of the municipalities are being collected within unincorporated areas and that, under the proposed changes, they would have to keep them separate since they are not paying for disposal. Mr. Gilley stated that the contract also provides for hauler participation in the community cleanup programs throughout the County's unincorporated areas. He explained that they have included a modification of administrative charges to provide for enhanced performance monitoring; that the contract also establishes holiday collection notice requirements.

Commr. Hanson stated that she had no problem with the request.

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, stated that the haulers voiced their concerns when the County changed its plans this year but that this agreement seems to be acceptable to them and will work out well for everybody. He reiterated that the agreement does leave open the option to implement universal collection should the Board change its plans.

Commr. Cadwell made a motion, which was seconded by Commr. Hill, for the Board to approve and authorize the Chairman to execute the agreement amending the existing solid waste and recycling collection services contracts.

Under discussion, Commr. Hanson stated that the County realizes the difficult position that the haulers were put in when suddenly the County changed the direction that it was moving in; that the haulers had purchased equipment at substantial expense. She stated that the County must move forward and that she was sure the haulers will be able to utilize their purchases somewhere in their businesses.

Commr. Cadwell expressed the County's appreciation for the haulers who stepped forward immediately, as soon as the County changed directions, and who worked with the County.

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

ADDENDUM NO. 1 (CONTINUED)

OTHER BUSINESS

APPOINTMENTS - RESIGNATIONS/COMMITTEES

Commr. Hill addressed the Board regarding the appointment of individuals to the vacant positions on the Agricultural Advisory Committee (AAC). She stated that she met with the incoming president, Mr. Bill Duvall; that she had a very enjoyable time at the banquet; and that there was a wonderful speaker. She stated that Mr. Duvall contacted quite a few of the applicants to see which ones would be interested in serving. The following have been recommended:

Mr. Richard Royal



Mr. John Jackson



Mr. Steve Knowles



Mr. Dennis Brinkman



Mr. Freddie Garner



Mr. Bill Benham

Mr. John Causey

Mr. Bill Duvall

Ms. Tangie Faria

Mr. David McDonald

Mr. Dan Olson

Mr. Mike Rinck

Mr. Keith Trunon

Mr. Bret Wood

Mr. Kerry Wrobel

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of individuals to vacant positions on the Agricultural Advisory Committee, as noted above.

Commr. Hanson wished Commr. Hill luck in her new endeavor, noting that the AAC can be very productive and constructive in the County and certainly very needed. She briefly explained why the committee was originally formed and felt that Commr. Hill will enjoy her work with the committee.

Commr. Hill stated that the AAC appreciates the Board bringing it back together again; that the members are very excited about it; and that they understand there are some things that are going to apply to them in the future due to the nature of agriculture changing in Florida and especially in Lake County.

REPORTS/COUNTY ATTORNEY (CONTINUED)

COMMISSIONERS/MEETINGS

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, discussed the Board's January 2002 schedule, requesting that the Board, due to holidays, adjust their schedule as follows: that they meet in regular session on January 8, 22, and 29; that on January 15 they meet for a worksession. He asked that this item be added to today's agenda.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the placement of the item on their agenda.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved their January 2002 schedule, as noted.

VETERANS' SERVICES/COUNTY EMPLOYEES/INSURANCE

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, updated the Board regarding the County's policy to automatically compensate its employees who are veterans should they be called to active duty; that for the first 30 days full pay would be provided to anyone called to duty; that the County will increase their military pay to make sure that they get the same pay that they were receiving from the County, as if they were full time; that the County also pays for their medical benefits for 30 days, including their families, which allows them time to be picked up by the government's medical system, which also includes their families; that after the initial 30 days these folks can keep their county coverage, in addition to the government's coverage, at their expense. He further explained that anybody who would be called to active duty would preserve their current pay and benefits for a period of up to five years. Mr. Minkoff noted that so far no one has been called to active duty; however, Human Resources does expect some folks to be called.

EMERGENCY MANAGEMENT/MUNICIPALITIES

PUBLIC WORKS/ROADS - COUNTY AND STATE

Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, informed the Board regarding the flooding situation in Astor stating that the roads are stabilized; that a significant amount of money will need to be spent to replace culverts. He noted that Commr. Hanson has already met with a local culvert manufacturer, Florida Concrete Pipe Corporation, which has stated that they will donate culverts to the County. Mr. Jim Stivender, Senior Director of Public Works, will check into this. Mr. Minkoff stated that the County will also check into Federal Emergency Management Agency (FEMA) benefits that might be available to assist citizens whose homes were flooded; that the Department of Public Works has a lot of sandbags available for those who need them; and that the Sheriff's Office utilizes the help of the County's inmates to fill these sandbags. He stated that the Declaration of Emergency is to be signed by Commr. Hanson.

REPORTS/COMMISSIONER STIVENDER - DISTRICT #3

COMMISSIONERS/MEETINGS

Commr. Stivender informed the Board that she was going to have her first public meeting this evening, in Paisley, to promote the existing one-cent sales tax.









REPORTS/COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4

COMMISSIONERS/MEETINGS

Commr. Hanson stated that she wants to make sure that the Board is aware that they need to share the load with Commr. Stivender in promoting the existing one-cent sales tax. She stated she would be in Umatilla tonight, at the American Legion Hall, regarding the same.

ACCOUNTS ALLOWED/COUNTY ATTORNEY/COUNTY MANAGER

HUMAN RESOURCES

Commr. Hanson addressed the issue of additional compensation for the County Attorney, Mr. Sanford A. Minkoff, while he serves as Interim County Manager. Discussion occurred regarding a 10-percent increase, which, up to the present, would be an additional $4,000.00, or $11,000.00 for a full year. Commr. Hanson recommended $5,000.00, at a minimum, stating that Mr. Minkoff has filled in during a very critical time for the County with a lot of difficult issues to work through; that he has done a very good job for the County.

Commr. Cadwell suggested that the Board compensate Mr. Minkoff at the rate of 20 percent, retroactively, from the point that he took over the Interim County Manager position until the point that the County has found a full-time replacement. It was noted that Mr. Minkoff may have to continue in this dual capacity beyond the current fiscal year and into the next fiscal year; that, with the added duties and time taken away from his family, a 20-percent increase in salary would be fair.

Commr. Hanson stated that she had no problem with Commr. Cadwell's suggestion.

The Board expressed their appreciation for Mr. Minkoff's willingness to step in and for his leadership.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to compensate Mr. Minkoff at a 20-percent rate over his existing salary, from the time that he has taken over the additional duties of Interim County Manager until the time that a new County Manager is hired.

CLOSED SESSION -

LITIGATION REGARDING COVANTA (OGDEN)

Commr. Hanson announced, for the record, that the Board of County Commissioners of Lake County, Florida, will hold a private meeting, commencing at 11:00 a.m. The meeting has been requested by Ms. Valeria Fuchs, Assistant County Attorney, and is being held to discuss litigation in which Lake County is a party. Those who will be in the meeting will be the County Commissioners Jennifer Hill, Robert Pool, Debbie Stivender, Catherine Hanson, and Welton Cadwell, as members of the Board of County Commissioners. In addition, the following persons will be in attendance:  Mr. Sanford A. Minkoff, County Attorney/Interim County Manager; Ms. Valerie Fuchs, Assistant County Attorney; Mr. Gordon Harris and Mr. Prineet Sharma of Gray, Harris & Robinson, as outside counsel. The approximate time of the meeting will be 30 minutes.

COMMISSIONERS

At 11:51 a.m., Commr. Hanson announced, for the record, that the closed session was concluded, during which litigation matters involving Covanta (Ogden) were discussed; that the regular meeting of the Board is to resume.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:51 a.m.









________________________________________ CATHERINE C. HANSON, CHAIRMAN



ATTEST:









___________________________________

JAMES C. WATKINS, CLERK





KAS/BOARDMIN/9-25-01/10-5-01