A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 22, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, September 22, 1998 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: G. Richard Swartz, Jr., Chairman; G. Welton Cadwell, Vice Chairman; William "Bill" H. Good; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Alvin Jackson, Deputy County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, BCC Administrative Assistant; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

Mr. Alvin Jackson, Deputy County Manager, noted the following changes to be made to Tab 8, as follows: $808,169.63 versus $811,576.78; $744,218.42 versus $756,263.27; and $63,951.21 versus $55,313.51.

Commr. Gerber requested that Tab 8 be pulled for discussion.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to approve the County Manager's Consent Agenda Tabs 1 through 8, pulling the first request to Tab 8 regarding the Guardian Ad Litem office for discussion, and including Addendum No. 1, I. A..

Under discussion, Commr. Good noted that the County appreciated the $205,000 that the libraries were receiving from State Aid.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote, to approve the following requests:

Community Services/Satisfactions

Request for approval and execution of Satisfaction of Mortgage for Laura Drawdy



Accounts Allowed/Grants/Libraries



Request for approval and execution of State Aid to Libraries Grant Application and Agreement for an estimated amount of $205,000 for Fiscal Year 1998/1999.



Accounts Allowed/Contracts, Leases & Agreements/Municipalities



Request for approval and execution of the First Amendment to the Interlocal Agreement between Lake County and the Town of Lady Lake relating to the contribution of Infrastructure Sales Tax Funds for community recreational facilities in the amount of $15,000. The Town of Lady Lake has requested the amendment to allow them an additional six month extension to construct the facility



Contracts, Leases & Agreements/State Agencies



Request for approval and execution of the Third Amendment to the Agreement between Lake County and the State of Florida, Department of Environmental Protection, for an additional three month extension to complete the Palatlakaha River Park Project.



Accounts Allowed/Grants/Fire and Emergency Services/Resolutions



Request for approval and execution of Resolution 1998-148 relating to an application for Florida Emergency Medical Services Grant Act Funds from the Florida Department of Health, providing for authorization to the Chairman of the Board of County Commissioners to comply with all certification that grant funds received shall be used to improve and expand Lake County's prehospital emergency medical services system and that grant monies received shall not be used to supplant existing Lake County emergency medical services budget allocations, and approval and execution of the Emergency Medical Services (EMS) County Grant Application in the amount of $53,410.14.



Contracts, Leases & Agreements/Personnel



Request for approval and execution of agreement between Lake County (provider) and Lockheed Martin - Welfare Reform (WAGES WORKS).



Contracts, Leases & Agreements/Roads-County & State/Water Resources



Request for approval and execution of Fourth Amendment to the Agreement between Lake County and St. Johns River Water Management District to perform a study and the preliminary design for a storm water management project on State Road 19, and approval and execution of Fourth Amendment to the Agreement between Lake County and Dyer, Riddle, Mills and Precourt, Inc., for consultant services for State Road 19 Storm water Management Feasibility Study. These amendments will extend the term of the agreements until November 30, 1998.



Accounts Allowed/Fairgrounds/Municipalities



Request for approval to declare the listed excess assets ($10,175.34 capitalized and $1,106.60 non-capitalized) as surplus and authorize their sale to the highest bidders at the annual Combined County-Cities Auction on September 26, 1998 at the Lake County Fairgrounds in Eustis. This listing is an addition to the excess asset listing submitted to the Board on the September 15, 1998 agenda. This results in a total of $808,169.63 ($744,218.42 capitalized and $63,951.21 non-capitalized) in excess assets to be sold at the auction.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

GUARDIAN AD LITEM

Commr. Gerber discussed the request to renew the lease between Lake County and James T. Pruett, Marie A. Pruett, Judith Ann Williams and Peter M. Williams for the Guardian Ad Litem office at 418 West Alfred Street, Suite 2, Tavares, Florida commencing October 1, 1998 and ending September 30, 1999 and questioned whether any other sites were considered for them to relocate.

Commr. Swartz suggested that the Board get someone from staff to provide information on this request, before the Board takes action on it.

PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 871 - HAMPTON P. CONLEY - GREATER CONSTRUCTION

CORPORATION - CLERMONT AREA - DISTRICT 2

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request by Hampton P. Conley, Executive Vice President, the Greater Construction Corporation, to vacate drainage easements, Greater Groves, Phase 6. Mr. Stivender explained that the request involves some back lot easements that are not necessary for the design that were incorporated in the original platting, and they cause problems with the developing of the rear of these lots. Staff was recommending approval of the request for vacation.

Commr. Swartz 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.

Commr. Good made a motion, which was seconded by Commr. Cadwell, to approve Vacation Petition No. 871, by Hampton P. Conley, Executive Vice President, the Greater Construction Corporation, to vacate drainage easements, Greater Groves, Phase 6, Sec. 27, Twp. 24S, Rge 26E, Clermont area - Commissioner District 2, as advertised.

Under discussion, Commr. Gerber questioned whether, when staff reviewed their recommendation, they considered all of the St. Johns River Water Management District (SJRWMD) requirements.

Mr. Stivender noted that these types of easements are well in excess of the SJRWMD requirements.

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

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES

Ms. Sharon Farrell, Senior Director, Growth Management, explained that staff has been working with the Department of Community Affairs (DCA) for a number of months on a Settlement Agreement for Swiss Fairways. Ms. Farrell stated that the result has been a change in Attachment A, and staff was recommending approval of the request.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of First Amendment to the Settlement Agreement between Lake County, Swiss Fairways, and the State of Florida Department of Community Affairs providing for the deletion of Table 1, Water Quality Constituents of the Ground and Surface Water Monitoring Plan.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

GUARDIAN AD LITEM (CONTINUED)

Mr. Mike Anderson, Senior Director, Facilities & Capital Improvements, addressed the Board and stated that, after staff talked with the Guardian Ad Litem office, they decided to stay in the same location for the next year, at the same price. Mr. Anderson did not think that they looked for other sites, and the County did not have anything to offer to them, without getting quite a distance from the courthouse. They were only complaining about the size of the office, and they felt they needed more space.

Commr. Gerber stated that she would rather postpone the request, until the Board gets a chance to talk to Guardian Ad Litem about other options.

Mr. Sandy Minkoff, County Attorney, stated that the lease currently ends at the end of this month. He noted that a cancellation clause could be inserted into the language.

The Board directed Mr. Anderson to review the contract and come back later in the day with the information.

No action was taken at this time.

PUBLIC HEARINGS - REZONING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, informed the Board that staff was requesting a 30 day postponement for Tab 8, PH#48-98-4 Cheshire Family Trust, Lake County Solid Waste, Tracking #77-98-CFD. Ms. Farrell stated that Tab 6, PH#32-98-2, James & Joy Ray, Tracking #53-98-CP, had been withdrawn.

PETITION NO. PH#48-98-4 CHESHIRE FAMILY TRUST

LAKE COUNTY SOLID WASTE - TRACKING #77-98-CFD

Commr. Swartz asked if there was anyone present for Petition No. PH#48-98-4, Cheshire Family Trust, Lake County Solid Waste. It was noted that there were two individuals present in the audience who had no objection to the postponement.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for a 30 day postponement, until October 27, 1998, for Petition No, PH#48-98-4 Cheshire Family Trust, Lake County Solid Waste, Tracking #77-98-CFD.

PETITION PH#47-98-5 LAKE COUNTY BOYS RANCH

TRACKING #70-98-CFD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that staff has been working with the Lake County Boys Ranch for a number of years on some changes and site plans, and they have talked about rezoning to CFD. Ms. Farrell stated that they are adding a wastewater treatment plant, and they want to go ahead and add those uses that are on the site to their ordinance. She stated that, in the ordinance, instead of referencing a conceptual plan, it actually lists the land uses that are on the site and have been approved over the years. There is also, in the backup, a memorandum from Water Quality recommending that the potable water well have a well head protection area established for it, and Ms. Farrell suggested a 300 foot zone of exclusion on the well, which can be done in the ordinance. She stated that the applicant is aware of the changes in the ordinance, but they are not aware of the well head protection area of 300 feet. Ms. Farrell stated that the Planning and Zoning Commission, as well as staff, are recommending approval of the request.

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

Mr. David Hanna, representing the Lake County Boys Ranch, addressed the Board and stated that they are in the process of expanding the facility to increase the potable water capacity and to build a new wastewater treatment plant. Mr. Hanna stated that he was not aware of the 300 foot buffer, but it appeared to be a standard requirement.

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

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for revocation of Conditional Unit Permit (CUP#165-5) and to rezone from Agriculture (A) to Community Facility District (CFD) for construction of a wastewater treatment plant and expansion to the existing boys ranch facility, with the recommended well head protection language and the change to the uses, Petition PH#47-98-5, Lake County Boys Ranch, Tracking #70-98-CFD, Ordinance 1998-76.

PETITION CUP#98/9/2-2 WILLIE B. HALL - TRACKING #72-98-CUP

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that this was a request for a home taxidermy business. Ms. Farrell stated that the County's Land Development Regulations (LDRs) do provide for certain home occupations, and this did not fit into those categories, so staff requested that the applicant go through the Conditional Use Permit (CUP) process, which would have an annual inspection and a little closer scrutiny than the home occupations. She stated that staff was recommending approval and it was approved at the Planning and Zoning Commission meeting. She stated that the applicant was going to be here today to explain a little bit about the chemicals used for the business.

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

The Board postponed the hearing on this petition, to allow the applicant time to arrive for the meeting.



PETITION PH#27A-89A-2 DARYL & CATHY LARSON (FRED PLUMMER)

TRACKING #65-98-PUD/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that the applicants were requesting the addition of 1.9 acres of an abandoned railroad right-of-way, and staff was recommending approval of the request. Ms. Farrell stated that there is a provision in the Code for non-substantial amendments, but because they may have to shift around some land uses, and the legal description has to be amended, staff decided to bring it forward as a substantial amendment. There has been no opposition at the public hearings, or in writing.

Commr. Gerber questioned whether the request connects to any proposed trails or railroad right-of-ways.

Ms. Farrell stated that she did not research this particular issue, but the request did go to Public Works for comment, and if that had been an issue, it would have been brought forward.

Commr. Good noted that the Planning and Zoning minutes reflected that, since the railroad has been removed, a contract to purchase the railroad right-of-way has been obtained, which makes the entire parcel one piece again.

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

Mr. Fred Plummer was present representing the applicants, and it was noted that there was no one present in opposition to the request.

Mr. Plummer stated that the future phase of the project goes through the Rails to Trails, but in their plans, they are going to make provisions to allow the realignment of the Rails to Trails along the highway, so that it would not be blocked off in any way.

Ms. Farrell noted that this plans being discussed will go back before the Development Review Staff (DRS).

Mr. Plummer stated that the project will have individual septic tanks, for approximately 48 units.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for an amendment to PUD Ordinance #13-89 to include a vacated railroad right-of-way as part of the overall PUD, Petition #27A-89-2 Daryl & Cathy Larsen (Fred Plummer), Tracking 65-98-PUD/AMD, Ordinance 1998-78.

PETITION PH#43-98-4 CATHERINE HANSON (BONNIE ROOF, REP.)

TRACKING #74-98-MP/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that the property currently has a MP Ordinance, which is in the backup material, that provides for a mini warehouse facility. Since the Ordinance was so use specific, the applicants had to come back through the public hearing to request a collection and distribution site for used oil. The industrial zoning was vested as of the day of the adoption of the Comprehensive Plan. Staff worked with the applicants and contacted the Florida Department of Environmental Protection (DEP), as far as any concerns about the Wekiva, and they did not have any. The applicant will have to come through full site plan review, with access off of Long Acres Road, which is a paved road. Ms. Farrell noted that, in the backup, there were letters of support with individual signatures from some of the neighbors. There was no opposition, and the Planning and Zoning Commission approved the request 10 to 0. She stated that there are four trucks and four tanks being proposed and two trips a day for each truck, and staff has recommended approval, subject to the draft ordinance in the backup.

Commr. Hanson stated that she is the owner of the property and will not be voting in this case, and she will be filling out the voting conflict memorandum.

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

Ms. Bonnie Roof, representing Catherine Hanson, stated that Mr. Patterson, the gentleman who is going to be purchasing the property, was going to be present today, and he was bringing some pictures of the tanks. Ms. Roof stated that there will be four tanks on the property, and there will not be a lot of noise generated from the motors. There will be four trucks making two trips a day, and there will probably be an office on the facility. She stated that Mr. Patterson has been in touch with the DEP, and they feel that this type of facility can really go in anywhere.

Commr. Hanson stated that Mr. Patterson had called her this morning, and he was going to be here for the hearing.

Ms. Roof noted that some of the neighbors, that were at the neighborhood meeting, were present today. She stated that she was not opposed to postponing the hearing, to allow Mr. Patterson some time to arrive for the meeting.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to postpone Petition PH#43-98-4, Catherine Hanson, Tracking #74-98-MP/AMD, until the applicant arrives for the meeting.

PETITION PH#6A-97-5 JUDITH SELLARDS (JOHN H. ARIALE, OPM USA INC.

TRACKING #54-98-CFD/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that, in 1997, there was a public hearing on the same site for a tower, and the issues had been worked out with the City of Lady Lake and the applicant. It came back to the County to add a third user, and there was a problem with the applicant meeting the Code. Staff took the request to the Board of Adjustments (BOA) to get a variance from the Tower Ordinance, and the applicant was granted the variance, and he was here today to add a third user to the tower that is existing on the site.

Commr. Good referred to the Planning and Zoning Minutes in the backup where Commr. Galbreath indicated that he could not support the request, because the Land Development Regulations (LDRs) do not allow an increase in height when modifying a nonconforming tower for co-location purposes. He asked what LDRs were being referenced by him.

Ms. Farrell explained that it was the Tower Ordinance that he was making reference to and the separation in height requirements, and that was why the request went to the BOA for a variance to those particular sections of the Code.

Mr. Sandy Minkoff, County Attorney, explained that the BOA felt that the purpose and intent of the Ordinance would be met, and the increase to the tower would not be a significant change, and it would reduce the number of towers in the County by one, and staff recommended approval of the variance, based on that fact.

It was noted that this particular tower had met all of the other criteria.

Commr. Swartz expressed concern about other towers who failed to meet the existing criteria wanting to do the same thing, and stated that this is an unusual case, because it met the requirements that existed at the time it was approved, and it does not meet them now, because of the property separation.

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

Mr. John Ariale was present representing the applicant, and it was noted that there was no one present who wished to speak in opposition to the request.

Mr. Ariale stated that he feels this is a good example of co-location and it shows how to go back and look at existing facilities, such as ones that meet the criteria today, and to say that it makes sense to add the 35 feet to the top of this facility to accommodate another user. He stated that this is a wonderful location for Sprint PCS to hook up with their two adjoining sites, and PrimeCo is currently on that site at 195 feet, and Ariale Communications has a lease with them at 164 feet. He wanted the Board to be aware that structurally this facility is capable of being increased to approximately 250 feet.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Cadwell stated that he felt this was a unique case and it was in the spirit of the Ordinance and the intent of the Board when it developed the Ordinance.

Commr. Swartz stated that the Board may want to go back and look at the Ordinance, and maybe put some language in it, in anticipation of notification being given to the property owner that is buying the new property.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for an amendment to Ordinance #1997-43 to extend an approved telecommunications tower from 195 feet to 230 feet to add a third user, Petition PH#6A-97-5, Judith Sellards, John M. Ariale, OPM USA Inc., Tracking #54-98-CFD/AMD, Ordinance 1998-79.

COMMISSIONERS

At 9:45 a.m.., Commr. Swartz turned the Chairmanship over to Commr. Cadwell.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

GUARDIAN AD LITEM (CONTINUED)

Mr. Mike Anderson, Senior Director, Facilities & Capital Improvements, stated that he went back and checked the current lease for Guardian Ad Litem, and currently they do not have a default clause in the contract. Mr. Anderson stated that they have 60 days at the end of the term, so it is a commitment for a ten month lease. They currently occupy Suite 2, which is 700 square feet at $11 per square foot, which is $700 a year. Mr. Williams, the owner of the property, offered them Suite 1, which is 900 square feet and would be $10.50 a square foot. Mr. Anderson stated that they are currently not paying any utilities on the suite that they occupy right now, and if they took Suite 1, they would have to pay the utilities, which would be about another $.94 per square foot. He stated that Guardian Ad Litem was looking at occupying both suites, which would be 1,600 square feet at $9.94 per square foot, for a total of $15,900 a year.

Commr. Gerber stated that she remembered the discussion being that they were going to look for other places.

Mr. Anderson stated that, after talking to Guardian Ad Litem, they informed him that they would not be looking for additional square footage. He stated that staff did inform them of what was available on Main Street, and at that time, there was very little for rent. They would like to be in County owned property, so they would not have to pay rent, and to be in conjunction with the court facilities. Mr. Anderson stated that they have one full time coordinator and one part-time secretary, but there are occasions when the volunteers come into the office. They would also like to implement a new program, The Kids Corner, where the children would be brought to the office to meet with their case workers.

COMMISSIONERS

At 9:50 a.m., Commr. Cadwell returned the chairmanship to Commr. Swartz.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

GUARDIAN AD LITEM (CONTINUED)

Discussion continued regarding the Guardian Ad Litem rental space, with it being noted that they were wanting more space, but appeared to be satisfied with the space they were currently occupying.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request to exercise the option to renew the lease between Lake County and James T. Pruett, Marie A. Pruett, Judith Ann Williams and Peter M. Williams for The Guardian Ad Litem office at 418 West Alfred Street, Suite 2, Tavares, Florida, commencing October 1, 1998 and ending September 30, 1999. Rent will be $654.68 monthly per the current agreement for a total amount of $7,856.16. Funds for this will be from 001.60061320.685.8300440 (General Fund, Judicial Court System, Guardian Ad Litem).

PETITION MSP#94B/1/1-2 FLORIDA ROCK INDUSTRIES

TRACKING #75-98-MSP/AMD

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that this was a request for an additional 75 acres in the rural land use, to be added to their approved mining site plan. Ms. Farrell stated that staff started working on this application in July and August, and they has worked very diligently with the applicant, as far as their technical reports, and by review of the Land Development Regulations (LDRs) and Comprehensive Plan, and staff was coming forward today with a recommendation for the expansion. Ms. Farrell stated that there were no written letters of opposition, although there were two individuals that spoke at the Planning and Zoning Commission meeting. There was one letter of support from the Lake County Water Authority for the proposed expansion.

Ms. Farrell submitted the letter from the Lake County Water Authority, which was dated September 18, 1998, and it was marked by the Deputy Clerk as County Exhibit A.

Ms. Farrell stated that the request was a logical expansion of the existing mine, and it has gone through development review and approval. She stated that there will be several exhibits and expert testimony to follow, but staff recommended approval on August 20, 1998 for their site plan application. Ms. Farrell noted that it was approved at the Planning and Zoning Commission meeting 5 to 4.

Commr. Swartz questioned whether staff had determined the definition of "undue adverse effect" upon nearby property.

Ms. Farrell explained that "undue" would be more than necessary, and not proper, or illegal, as defined in the dictionary.

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

Commr. Good stated that he had a meeting with the residents of Royal Highlands last week, and there were attempts to bring this topic up for discussion, but it was not discussed, and he did not feel this would influence his vote in any way.

Ms. Cecelia Bonifay, Attorney with Akerman, Senterfitt & Eidson, stated that she was representing the applicant, Florida Rock Industries, Inc. Ms. Bonifay stated that she would like to go through and present the expert witnesses, since this is a quasi-judicial proceeding, and to reserve time at the end for rebuttal to respond to any questions or issues raised.

Ms. Bonifay stated that this is an expansion of an existing Florida Rock facility located off of Bridges Road, and the applicant was asking for a 75 acre expansion, with approximately 50 acres being mined. Ms. Bonifay called Mr. Steve Adams as the first expert witness to discuss the investigation and the analysis that he followed in making his evaluation of the site.

Mr. Steve Adams, Land Planning Group, Environmental and Permitting Services, stated he has been in the consulting business for over 20 years.

Commr. Swartz stated that the Board would except Mr. Adams as an expert witness who will speak on ecological issues.

Mr. Adams stated that the primary scope of his inquiry was to review the natural resources of the proposed expansion area. He noted that there was a series of photographs overlaid on digital imagery that he would be discussing with the Board.

Ms. Bonifay submitted the following documents, which were marked by the Deputy Clerk, as follows:

Exhibit A Mine Site Plan Amendment (#462-4A)

Exhibit B Project Location Map

Exhibit C Aerial Photograph

Exhibit D Mine Site Plan Summary

Exhibit E Approved Facility Site Plan

Exhibit F Amended Mine Progression Plan

Exhibit G Expansion Area - Land Use Map

Exhibit H Expansion Area - Topographic Map

Exhibit I Expansion Area - Soils Map

Exhibit J 100 Yr. Flood/Wetland Map

Exhibit K Amended Reclamation Plan

Exhibit L Scaled Aerial Map

Exhibit M Scaled Aerial Map



Mr. Adams reviewed Exhibit A which showed the following information and noted that

the total amount of acres would be 663, with 287 acres being excavated for sand resource:



Turnpike

(Adams) Total Acres - 339 MSP issued 2-94



Amendment 1

(Gomes) Total Acres - 143 MSP issued 5-97



Amendment 2

(Meikle-McNeill) Total Acres - 106 MSP issued 1-98



Amendment 3

(Habjan-Sopocy) Total Acres - 75 (today)



Mr. Adams described the land use, the permitted portions of the property, the expansion being sought, and stated that there were no additional facilities beyond what has been permitted for this expansion, therefore, the actual plant facility will remain in the original location, and the access will continue to be off of Bridges Road, as noted on Exhibit E. Mr. Adams testified that the Exhibit F shows the integration of the proposed expansion piece into the overall mine plan, which allows an additional five years of mining, and it increases it to a 28 year mine life for the entire project. There will be no more traffic impacts or additional plant sites other than what has already been permitted. Mr. Adams testified that the berms, that were part of the original MSP applications and of the approved amendments, will be along Bridges Road and along the backside of the property down in the southeast corner adjacent to Royal Highlands. He noted that Exhibit G outlines the vegetation communities found on the expansion area, and Exhibit H shows the topography of the site, as based on the USGS maps and stated that the elevations range from approximately 90 to 105 feet. Mr. Adams explained that Exhibit I indicates the location of the different soil types, and he noted that there are wetland areas. On the Palatlakaha River, they have established a 100 foot setback from sand mining activities, and on the isolated wetlands, they have established a setback of a minimum of 25 feet. Mr. Adams stated that setbacks will vary, because the real constraining issue, that they utilized on the expansion area, was the 100 year flood zone. He noted that Exhibit J, the 100 year flood plain, is based on the flooding from the Palatlakaha River. He noted that the Meikle-McNeill amendment contained lands along the Palatlakaha. Mr. Adams stated that a reclamation plan was required, and since the time of the original plan, they have enhanced it, as shown in Exhibit K, in cooperation with the Lake County Water Authority, to provide additional flood storage and additional wetland areas along the Palatlakaha River. He testified that there would be 24 acres of open water with this expansion and endangered species were found on the property.

Ms. Bonifay moved that the staff report be included as part of the record for the hearing today.

Mr. Adams reviewed Exhibits L and M, which depicted the location of the adjacent property owners that had concerns at the Planning and Zoning Commission meeting and noted that Royal Highlands was located to the south of the property in question, with the bulk of it already being adjacent to existing approved mine sites. The expansion parcel is primarily buffered by existing wetlands. Another property owner located to the north of the proposed expansion area (Andranga) was concerned about how close her house was to the corner of the expansion area. Mr. Adams noted that the portion, which bounds her property, will not be mined under this proposal, and the nearest mining operation will take place about 660 feet from her property line. He also noted that the Pringle Development of Regional Impact (DRI) was in existence at the time that the original mine was approved.

Ms. Bonifay submitted the Amended Reclamation Plan, which was marked by the Deputy Clerk as Exhibit N for the applicant.

Mr. Adams stated that the concerned property owners to the north of the existing sand plant is a distance of approximately 5,000 feet. He presented detailed information regarding the mining process, in terms of how the resource will be extracted and what will be left on the site when reclamation is completed. Mr. Adams testified that, in his professional judgment, given his scope of his inquiry and analysis, there was not anything proposed, as part of this expansion site, to be harmful or would produce an undue adverse effect or impact to the property.

Ms. Bonifay called Mr. Charles Drake to testify and offered him as an expert in the area of hydro geology.

Commr. Swartz stated that the Board would respect his knowledge and experience and accept his testimony.

Mr. Chuck Drake, Professional Geologist, Hartman & Associates, Orlando, presented testimony as to the scope of his inquiry and analysis of the project. Mr. Drake stated that he was to determine the limits of the mining depth to the top of the clay layer that separates the water table from the Floridan aquifer, and to determine whether the mining would have an adverse impact on the Palatlakaha River. Mr. Drake presented extensive detailed testimony by referring to the Appendices in the backup material contained in the Mining Site Application. Using Figure 8, Water Table Elevations, he stated that the recharge to the Floridan aquifer is about 3.5 inches per year, and that is site specific data from the aquifer performance test they conducted in 1996. He noted that this can be calculated from the data they collected plus data from the St. Johns River Water Management District (SJRWMD). Mr. Drake presented information regarding the approximate depths of the open water acres of the proposed site.

After in-depth discussion about the hydro geologic effects of the mining operations at the Turnpike Sand Plant and expansion area, Mr. Drake explained that, because of reclamation, the 3.5 number may change to 3.2, or 3.1, because the elevation and surficial aquifer will not change but a few inches at a given time.

Commr. Good stated that he would like the Board's staff to address the same point and speak specifically to Mr. Drake's answer regarding the reduction in the 3.5 number. He stated that the County has been working with the SJRWMD to establish the minimum flows and levels on surficial systems in this area, and it has been working with the water caution data it has seen, and the recharge in this area would be particularly important to the County, because it is an area that has been identified as a caution area.

Mr. Drake testified that, in his professional opinion, there would be no adverse impact on aquifer recharge, or on ground water quality or quantity, based on the proposed mining activity.

Commr. Gerber questioned whether Mr. Drake, or any of his colleagues, has ever undertaken a study of a development of this size, as far as what it does to recharge.

Mr. Drake stated that the United States Geological Survey has a report that was done about three or four years ago on the impact of paving over land surface. The report indicated that it will cut down "evapor-transpiration", because it would be putting a cap on the water table, so the evaporation cuts down. He would get a copy of the report to the Board for review.

Ms. Bonifay reserved the right to call Mr. Drake back as a rebuttal witness. She called Mr. Will Davis to testify.

Commr. Swartz stated that the Board would accept Mr. Davis' testimony with regard to the area of his expertise.

Mr. Will Davis, Land Planning Group, Mapping and Computer Services, testified that his past experience has been primarily with the Lake County Water Authority as Director, and he has worked with Lake County directly or indirectly for 18 years. Mr. Davis testified that he was called in when the applicant was interested in expanding the reclamation plant to include some additional items that might be of benefit to the Palatlakaha River. He stated that the Palatlakaha is a very unique system, because it fluctuates fairly mildly from year to year. A couple of years ago, within an 18 month period, it fluctuated five feet. It is even more unique, because Bridges Road separates two existing pools of elevation of water. Mr. Davis stated that, unlike Meikle-McNeill, the natural grade has not been cut down so that there is a full overflow of the Palatlakaha River at a 100 year storm, which is different than what they did under the original plan. The River is going to benefit, not only from additional flood storage, but also because it will be expanding additional wellings that are not currently there, as well as providing a marginal upland wetland transition between the reclamation area and the river itself in that 200 foot setback zone. Mr. Davis testified that this reclamation plan is above and beyond the normal plan, in the fact that they are providing additional wetlands that would not normally be necessary under the normal mining site plan process. Mr. Davis presented information regarding loss of compensatory storage in the Palatlakaha Basin and testified that the activity to be undertaken by Florida Rock, in terms of the additional storage to be provided, will afford greater protection and benefit to the river in the long term. He further testified that the modified reclamation plan that Florida Rock has agreed to undertake, after conferring with the Water Authority, is an enhancement and beyond what would normally be required as part of Lake County's Mining Site Plan Ordinance.

Ms. Bonifay stated that, in terms of other witnesses for the applicant, there are other members of staff from Florida Rock that are here who are involved in various environmental and operational aspects of the mine. She suggested that they be reserved as rebuttal witnesses to answer questions that may arise during the hearing, and she requested that the Mining Site Plan

Application be made part of the record. Ms. Bonifay stated that Ms. Sopocy is one of the owners of the property, and she wanted to briefly address the Board, in terms of her support for the project.

Ms. Eloise Sopocy, Howey, stated that she has been in Lake County 30 years. Ms. Sopocy stated that, in 1972, her husband and his two friends bought the property, and after the freeze that devastated the citrus groves, it has been a piece of property they have kept over the years with hopes of selling it one day.

Ms. Bonifay reserved her time for rebuttal and stated that she would be available to answer any questions of staff that will testify.

Ms. Perry Ann Andranga addressed the Board and stated that she owns property adjoining the 75 acres in question. Ms. Andranga explained that she improved her property to pasture and planted pine trees and oak trees, and she now raises cows and goats. She stated that she moved there four years ago and built her log home. The proposed use would have an adverse effect on her property value, in the aesthetic sense, and because of the traffic, and the wildlife. Ms. Andranga stated that it already has had an adverse effect, because she had verbally sold her front five acres for an investment, and because of the recent purchase of the 100 plus acres on the north side of Bridges Road, and because of the proposed purchase of the 75 acres to the south of her property, the gentleman no longer wants to purchase her property. She stated that she did have a letter signed by him stating this fact. She stated that the proposed use of the 80 acres is not compatible with the existing neighborhood, nor the Palatlakaha River, nor the wildlife in the area. Ms. Andranga discussed her experience with the fluctuation of the Palatlakaha River and stated that she owns 18 acres of property. She noted that the property to the east of her property is a flourishing grove owned by a gentleman up north.

Mr. Jim Hershall stated that he lives in Royal Highlands and he is an elected representative to the Management Board, and they have recently established a Border's Committee, which is charged to check on the property along the borders. Mr. Hershall stated that the residents have asked him to come to the Board and speak in their behalf. He stated that, when Commr. Good visited their community last week, the residents told him that they moved to Lake County because of the beauty and the rolling hills. Mr. Hershall stated that one of his objections to the mine site is the removal of two ridges that are part of the beauty of Lake County. He stated that this particular land is approximately 45 feet higher than the surrounding area in Royal Highlands. He stated that a lake will be created there, which might help with the water storage, but in reclamation, they will not be building another "mountain" to replace it, even though it is supposed to be replaced with something similar to what it was in the beginning. Mr. Hershall stated that he has visited many Florida rock mining sites, and he has yet to find one that he feels is compatible with residential areas that are nearby. He thinks that mines are ugly, and they have a lot of adverse effects on their neighbors. Mr. Hershall took two of his neighbors, who are on the committee with him, to the Green Swamp and visited the site on Green Swamp Road. He read the language in the Mining Ordinance regarding sloping and stated that they are not adhering to the requirements, and he questioned who was monitoring their activities.

Commr. Swartz explained that staff inspects the mining activities at least once a year, and they can review the comments made by Mr. Hershall with regard to this mine. He also explained that there are mines that were in creation and operation before the Mining Ordinance came into place. He had wanted to see the Board adopt, as part of the Ordinance, conditions that would have required those existing mines to have to meet higher standards imposed by the new Ordinance, at least within some reasonable context. That was not included in the Ordinance, and therefore, all of those mines that were in existence prior to the creation of the Ordinance that were vested do not have to meet the current Ordinance, but future expansions probably would, but it depends on what was considered to be vested, the whole parcel or the place where they were mining. He noted that Mr. Hershall's comments would be reviewed by staff when they review that mine.

Mr. Hershall stated that his comments were based upon what Florida Rock had said about that particular site being a model site for them. Mr. Hershall addressed the issue of the berm and stated that the berm was put in over a year ago, but he advised the Board that it was dead, and he does not trust Florida Rock Mining to live up to their obligations. He stated that, in 1996, when they asked for approval, it was for 19 years. They have been back to the Board twice and they were approved for 24 years, and after today, they will have approval for 28 years of operation. Mr. Hershall explained that the Board had indicated that a sand mine is a temporary convenience for the adjoining property owners and residents, but 28 years is not temporary. He is very concerned about this ever expanding operation, and about its affects on the water. Mr. Hershall stated that, because of these reasons, he and the residents know they have to live with what was approved, but they do not want to see it ever expanding.

Commr. Gerber questioned Mr. Hershall whether, when he bought in the community, knew about the sand mine.

Mr. Hershall stated that he did not know there was a sand mine there, and he was the sixth resident to move into the community. When he decided to buy the property, he checked on the zoning and, in 1995, it was zoned for suburban use. In early 1996, there was a newspaper article that had said the land use had been changed to rural agricultural. In August, 1996, he found out about the turnpike proposal for the first time, and this was when he found out about the present one that had been approved. There were no residents in Royal Highlands at that time, and he was not aware of this site being initially approved.

Mr. John Fischl stated that he was a retired environmental chemist and he was on the tour with Mr. Hershall yesterday, and in regard to consultants, he feels that Florida Rock spends an awful lot of money to develop the land to remove the land, but they do not do a lot to bring it back to what it looked like before. He stated that, from where he lives in Royal Highlands, he will probably not see the conveyors, but some people will see them. He stated that, once this community is finished, there will be approximately 1,500 homes, and he would venture to say that someone will see them. He wanted to go on record as saying that they could do a lot more to make it look better when it is finished. Mr. Fischl questioned whether the consultants took into consideration the water levels, the water supply, the lakes in the Royal Highlands area. He questioned whether there was going to be a contingency plan, or a monetary contingency plan so that, in the event they lose their water in the Royal Highlands supply, they can draw from this fund to replace it with another well. He noted that there is one well on site.

Commr. Swartz informed Mr. Fischl that Royal Highlands' water supply is supplied by the City of Leesburg and comes out of wells that are along the way, and from a storage tank. He stated that, in the years past, the Board has had requests, not necessarily regarding mining activities, but other requests and concerns about what the impact would be on local wells, and on some occasions, he knows that the Board has placed in those CUPs requirements that if, in fact, it could be shown that water quality in those wells had deteriorated, that there was a financial obligation on that party. He did not recall if the Board ever put anything pertaining to this issue in mining ordinances, but something has been put into other ground action CUPs.

Commr. Cadwell explained that this would be an issue that the Board would have to weigh, because some people have the same question in relation to 1,500 homes going in and what type of impact they would have on their wells.

Mr. Hershall felt that there needed to be some studies done on what the impact would be. He stated that the operation, as far as dust abatement and noise abatement, is not much of a concern, but his primary concern is the impact on the water supply.

Mr. Thomas A. Johnson stated that he is a new resident in Royal Highlands, as of August 1, 1998, and he was hoping to be in a very quiet neighborhood. Mr. Johnson stated that his view, from his back porch, is the hill that the applicant will be wipe out, and there is a diesel that has been working there two days in a row, and it sounds like it is in his back yard. He stated that he has been against Florida Rock on many occasions in Dade County, and they do not have a good track record, because they do not do what they say they are going to do, such as getting along with the neighbors. He stated that they have caused so many problems with the local residents, homeowners, and landowners in Dade County that the County ordinances have been changed numerous times, in order to get them to follow the rules and regulations. Mr. Johnson stated that the two hills that he sees from his back door will disappear, and they cannot be put back into their original state, and the environmental impact on the river will be negative and will not be in the best interest of the river. He referred to the site that he and Mr. Fischl visited and stated that the rules were not being followed, because they were not being monitored. He stated that the County needs to step up the monitoring on these types of sites. He further stated that, when the two hills disappear, he will be able to see the operation, and there are homes closer than his home, and they will be able to hear and see it. Mr. Johnson stated that he personally asked about the mining operation when he bought his home, because he came from a County that had problems with the same type of operation, and he was told that there was not one there. He found out about it, after his house was completed in 1995. He stated that the rules and regulations should be enforced, and it should be looked at on a closer monitoring basis by the County. As the operation gets started, the lake elevations should be monitored to make sure that their mining operation is not affecting their drinking water and the levels of the lakes. Mr. Johnson clarified that he was looking at existing hills that they are going to remove, and he was not in favor of them getting the new expansion area, because of the impact on the river.

Discussion occurred regarding whether the individuals appearing in opposition to the request can be questioned by the applicant's attorney.

Mr. Sandy Minkoff, County Attorney, stated that, in a quasi-judicial hearing, the procedures allow the parties to ask questions of those appearing before the Board.

Ms. Bonifay noted that Mr. Johnson had indicated that he had made a site visit to a mine in south Lake County, and she questioned where the mine was located.

Mr. Johnson was not clear on the location of the property, so he referred the question to Mr. Hershall.

Mr. Hershall explained that the mine was located on Green Swamp Road, and at the entrance of the road, there is a sign that says Florida Rock Industries, and when you get to the mine site, it says Florida Rock Industries.

Ms. Bonifay explained that there are three or four other mines located in that area of south Lake County and questioned whether Mr. Johnson and Mr. Hershall visited any of the other mines.

Mr. Hershall responded that they did visit other sites, and he clarified that, when he spoke about the mine that they visited, it was the Florida Rock Industries mine, which they viewed only from the road.

Ms. Bonifay noted that Mr. Johnson had made allegations that Florida Rock had been a bad neighbor and had not complied with existing rules and regulations, and he had bad experiences with them in south Florida, and she questioned whether that was Florida Rock and Sand.

Mr. Johnson explained that Florida Rock was one of the sites, and there were about 15 other mining operators in south Florida. He was familiar only with Florida Rock and Sand in Dade County, and he was not aware that Florida Rock and Sand is a totally different company and has nothing to do with Florida Rock Industries.

Ms. Bonifay questioned whether Mr. Johnson made any reports of the alleged violations of the Lake County Mining Ordinance to anyone in Lake County.

Mr. Johnson stated that none of the violations have been reported, because they just visited the site yesterday afternoon. He explained that they were approximately 100 feet from the site, and there was no sloping and he could see the erosion. He stated that his house is located on the other side of Lake Jewel, Lot 171.

RECESS & REASSEMBLY

At 11:50 a.m., the Chairman announced that the Board would recess for 15 minutes.

PETITION PH#43-98-4 CATHERINE HANSON (BONNIE ROOF, REP.)

TRACKING #74-98-MP/AMD (CONTINUED)

Commr. Swartz reconvened the meeting and stated that the Board would go back to Rezoning Petition PH#43-98-4, Catherine Hanson. He stated that, because of the length of the previous case, and the fact that some of the people could not stay for the hearing, there has been a request to postpone the request for rezoning for 30 days. He opened the public hearing and called for public comment from individuals who were present for the case. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the request for postponement for 30 days, until October 27, 1998, for Petition PH#43-98-4, Catherine Hanson (Bonnie Roof, Representative), Tracking #74-98-MP/AMD.

Commr. Hanson declared a conflict of interest and did not discuss or vote on the issue.



PETITION MSP#94B/1/1-2 FLORIDA ROCK INDUSTRIES

TRACKING #75-98-MSP/AMD (CONTINUED)

Commr. Swartz noted that the Board would go back to the public hearing on Petition MSP#94B/1/1-2, Florida Rock Industries.

Mr. Ted Bolin, Pringle Communities, stated that they own and develop the Royal Highlands project to the south. Mr. Bolin stated that Pringle Development believes in property rights, and they were not here to keep someone from doing something that is reasonable with their property. He stated that they supported the applicant's right to the past permits that they obtained, however, in this case, they feel that they are breaching a commitment they made to Pringle where they had committed to them that they would not seek further expansion. They currently have 23 years to operate, and they have good experts who presented solid information. Mr. Bolin stated that they were not sure of the applicant's track record, but they can only look at this particular project, and right now they have 23 years. He questioned why the Board does not wait for five or ten years when they have established a track record on the site, before it approves additional expansion and time. Mr. Bolin stated that Pringle, based on the fact that Mr. Witherspoon committed to them not to seek an additional expansion, and the fact that turning them down really does not harm them, because they can come back as soon as they feel they have presented a track record and can present that to the Board, is urging the Board to turn this particular application down. He stated that a vote to deny simply means that the Board is asking them to wait and establish a track record, and a vote to approve commits the Board to letting them operate years 23 through 29.

Ms. Bonifay called Mr. Henry Witherspoon to testify before the Board, and he was sworn in by the Deputy Clerk.

Mr. Henry K. Witherspoon, Jr., Assistant Director of Corporate Development for Florida Rock Industries, stated that he is presently a consultant to Florida Rock. He retired from Florida Rock on December 31, 1995 after being with them for 27 years. Mr. Witherspoon testified that he knows the Pringle property located to the south of the turnpike mine, which is owned by Florida Rock, and he knows the owners of the Pringle property, John and George Pringle. He stated that there was a letter in the file that stated that they did not have opposition to this request. He discussed his last visit with them, less than three weeks ago, prior to the Planning and Zoning Commission meeting where they had discussed the expansion being requested today. He indicated to them that they would probably not be on the site for 20 years, and they (the Pringles) indicated that they knew this, and if it had not been for the sign, they would have been sold out and been out of there. After he left their meeting, he road to the site and saw the sign, which Florida Rock had put up that indicated the future sand mining site for Florida Rock Industries, in an effort to keep everyone apprised of what was happening in that area. Mr. Witherspoon stated that, to his recollection, he does not remember ever telling any of the Pringles that they would never expand the original Adams property.

COMMISSIONERS

At 12:15 p.m., it was noted that Commr. Gerber left the meeting.

PETITION MSP#94B/1/1-2 FLORIDA ROCK INDUSTRIES

TRACKING #75-98-MSP/AMD (CONTINUED)

Ms. Bonifay submitted a letter from Pringle Development dated September, 1993, which was marked by the Deputy Clerk as Exhibit O for the applicant.

Ms. Bonifay called Mr. Mike O'Berry, Florida Rock, to address issues involving other regulations that the applicants are subject to, what their track record is in Lake County, and why it is important to their business plan to acquire this site at this time..

Mr. Mike O'Berry, Florida Rock Industries, Jacksonville, Florida, testified that they are subject to inspection by the Lake County staff on a routine basis. Mr. O'Berry stated that they are also subject to regulation by the Department of Environmental Protection (DEP), and the St. Johns River Water Management District (SJRWMD). He stated that the site has been issued many permits, which he reviewed with the Board, and he explained that Florida Rock is a long term operation, and they have to have long term reserves, in order to make it economically feasible to operate a given mine site. They permit land as it becomes available to them, and it is a purchase option agreement subject to obtaining the required permits on the property. He addressed the sloping requirements and the accusations that had been made that the sand plant in the Green Swamp was not meeting the requirements and stated that his argument would be that they are in compliance, but he would defer to the County staff, who has a mine inspector, and he would invite him to go out at any time to inspect the facility to ensure that they are in compliance. Mr. O'Berry read a portion of the Ordinance pertaining to sloping and stated that it basically refers to the angle reposed of the material being mined, and if there are any questions about what is being done, he invites the County staff to come out and inspect them today.

Ms. Bonifay asked Mr. O'Berry to comment on the contents of a letter from Pringle Communities.

Mr. O'Berry explained that the letter was thanking Mr. Raczkowski for his efforts to conduct a tour of their Wiersdale sand plant located in Marion County. He noted that Mr. Harry E. Williams, General Manager, stated that the reports he received indicated that he had provided an excellent tour and that the questions that many residents had were answered to their satisfaction. Many of them now do not believe that the mine will be a problem at all.

Ms. Bonifay submitted the letter from Pringle Communities dated July 3, 1997, which was marked at Exhibit P for the applicant.

Ms. Bonifay stated that an assertion was made that due diligence was done before acquiring a site by one of the adjacent homeowners, and he stated that he found that the mine was located in a suburban land use classification. She stated that they have gone back and checked those land use maps, and the current site, or the proposed site, was not in the suburban land use classification, specifically not in 1995, as stated. Furthermore, the Lake County Comprehensive Plan was approved and adopted in 1993 and would not permit mining in a suburban land use classification. The County records should have been replete with information on this mine and would have shown that it was permitted and what the life was, as well as the mining facility plan. Ms. Bonifay stated that, in conclusion, they feel that they have met their burden, in terms of what Florida law requires, and in proving that this is consistent and compatible, and there is a staff report that has addressed this, in terms of the policies of the Comprehensive Plan, and they, too, have found it to be consistent with the Plan. She stated that they have offered competent substantial evidence in terms of the consultants they have brought forward. Ms. Bonifay stated that the County's Mining Ordinance is very technical, and of high standard, and therefore, necessitates that the applicant hire specialists in various areas. Criticism was made that the applicant came in with paid consultants with some connotation that this would change the professional opinion of the testimony that is being given. Ms. Bonifay stated that, based on the testimony, and the competent substantial evidence presented by the applicant, she asked the Board to approve the expansion of this site for the existing Florida Rock mine, as recommended by staff and the Planning and Zoning Commission.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Cadwell stated he never gets excited when sand mines come before the Board, because nobody loves them. A mine does have an impact on the surrounding area, as does a development with 1,500 homes and a golf course, and the water supply and the lake levels are effected by any type of growth, but the sand mine is producing something that, as long as the County continues to grow, it will need. He has a much better comfort level on an already approved site for an expansion than on new sites, and he was going to support the expansion.

Commr. Hanson stated that the Pringle Development was actually a part of the Monterey DRI, and she went along with approving it, because it had been a DRI, but it is in an area that would have been strictly rural, if that DRI had not been in place, and you can only have sand mines in rural areas. She stated that it is in a rural area, and she will be supporting the amendment. She further stated that, from staff's recommendations, it is compatible with the existing or planned character of the area, it will not have an undo adverse effect on the nearby property, and all efforts have been made to minimize any adverse effect on the general area.

Commr. Good stated that he drives the Bridges Road route on a regular basis, and he is familiar with the site, and he is not real excited about having sand mines come forward, because they always create community uproar. He feels that the attempts to buffer this project today will have long term impacts on the real buffers that will be in place when the mining begins. He asked that Mr. Farrell give the Board a brief history, so the record clearly indicates historically what the land use and zonings have been in this area, because it clearly illustrates what happens when you put 1,500 homes in a very clearly rural setting, when the Comprehensive Plan also very clearly identifies rural.

Ms. Farrell discussed the 1995 Future Land Use Map and stated that the area around Bridges Road was rural. She stated that the 1991 map had this area designated as semi-rural, future urban, but since 1993, this area has been a land use designation of rural, and the zoning over the years has remained agriculture.

Commr. Good stated that the expansion is timely, and in south Lake County, the Board had denied an expansion not too long ago, because the growth had occurred around the mine. He stated that it was important for the mining industry to realize that long term planning is critical for success in their industry. He addressed Exhibit A for the County, the letter from the Lake County Water Authority, and asked that Florida Rock consider the following: "Additional tree plantings on the upland area along the river would provide an aesthetic and functional buffer between the river and the mined area. The Authority would like Florida Rock to explore conservation or flood easements for this reclaimed area in order to ensure it remains as proposed in perpetuity." He stated that he would like to make this request of Florida Rock to consider these requests, which would be a part of being a good neighbor to the residents in this area. He stated that he was going to support the expansion, because it has been done in a timely way. He is especially encouraged by hearing the language pertaining to the acres of open water, the actual development, or mitigation, the shallow marsh, the wetland and trees, and the transitional. He realizes that there will be some change in the recharge capacity, and before he votes on this he would like staff to address some of the comments that were made by the experts, in particular the question about recharge and the .2 or .3 inch per year reduction in the recharge.

Mr. Allen Hewitt, Lake County Water Resource Management, stated that the .2 or .3 inch per year reduction in the recharge would be really close, and it was all going to depend on the amount of water, as the consultants had previously stated about the head pressures and the hydraulic differences and the gradient. One thing that is inconsistent in Lake County is the rainfall, and it was all going to depend on the amount of rain the County gets, and the amount of recharge that will go into the surficial aquifer. With the large area that they are going to draw from, he would presume that this would be a very good estimate of .2 or .3 or maybe even .1, and that would be in the negative sense. If there was a lot of rainfall, there would probably be a positive increase in it. He does not see any impacts in the lateral area at all.

Commr. Swartz stated that there had been two of the staff members come back up after closing the public hearing, and he asked Ms. Bonifay is she had any questions of them, as a result of Commr. Good's questions.

Ms. Bonifay did not have any questions to present to staff.

Commr. Swartz stated that this is one of those requests that shows how poorly Lake County planned its development patterns, when government tries to determine what to put side by side. He stated that, in 1987, the Board at that time approved the Monterey DRI in the middle of no where, and it was ill planned, it was ill timed, and it is now totally inconsistent with the existing Comprehensive Plan. He stated that, in 1992, this Board allowed the development in question to come back to life, by a 3-2 vote, and to change, and it is now Royal Highlands, but it is still in an area that is totally surrounded by rural in the Comprehensive Plan, and it should have been rural. Then a mine came in and asked to be approved, not only right beside what is known as Royal Highlands, a 1,500 dwelling unit community, but it backed right up to the Palatlakaha River. In 1994, when that original mining site plan was voted on, it was approved by a 4-1 vote, and he voted against it, because he saw it as being inconsistent with the residential development, and it was inconsistent with the entire Comprehensive Plan with regards to situating a mining activity, and it is inconsistent today. He stated that in 1997 and 1998, they came back with expansions, and because they were further separated from the residential development, and they were further separated from the Palatlakaha, he voted for both of those. If this one was further separated from the Palatlakaha and further separated from what he sees as incompatibility with the residential, he would probably support it, but it is not. It is relatively adjacent to not only Royal Highlands, but other residents in the area. Commr. Swartz noted the following policies, which were reasons that the request was incompatible: 1B-1; 1.2-10; 1.4-3; 1.14-1; 7.2-2; 7-6.2A; 7.7; 7-7; 7-7.2; 7-8.2; 7.13-1; and 7.13-4. He discussed the definition that was given by staff for "undue adverse effect" and stated that the definition in the Conservation Element is "direct contamination, destruction, or that which contributes to the contamination or destruction of natural communities to a degree that its environmental benefits are eliminated, reduced, impaired, or where there is as a result of damage to its future function." When you combine that definition with "undue", you are really saying it will be a legal adverse effect. Commr. Swartz stated that, for these reasons, he was not going to vote for this expansion. He stated that there are other places that the County can probably mine, and this one has been expanded twice, when it moved away from the resource and away from the residential.

Commr. Good stated that he was very familiar with the Conservation Element of the Comprehensive Plan, since he helped write it. He stated that the technology is better today, and in 23 years, he would suspect the it will be even better, and this makes him able to commit to this expansion, even though it is far out in the future. He stated that it is rural land, and the Board is trying to reduce the incompatible land uses, and in this particular area, this siting is away from the residential and is actually more in the direction of what is rural land uses in that area. He further stated that, in this case, this is an appropriate use, it is appropriate according the Comprehensive Plan as rural use, and he has not seen competent and substantial evidence to say that this is not the case. He stated that he does not see this as a suburban setting, even though there is a suburban village there.

On a motion by Commr. Good, seconded by Commr. Cadwell, and carried by a 3-1 vote, the Board approved to uphold the recommendation of the Planning and Zoning Commission and approve the request for an amendment to the existing sand mine to add an additional 75 +/acres in Agriculture (A), Petition MSP#94B/1/1-2, Florida Rock Industries, Tracking No. #75-98-MSP/AMD, Ordinance 1998-80.

Commr. Swartz voted "no", and Commr. Gerber was not present for the vote.

PETITION CUP#98/9/2-2 WILLIE B. HALL - TRACKING #72-98-CUP

(CONTINUED)

Commr. Swartz noted that this request had been postponed earlier, in order to allow sufficient time for the applicant to arrive for the hearing. He stated that staff had already presented its report.

Commr. Swartz 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. Good, seconded by Commr. Cadwell, and carried by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a Conditional Use Permit (CUP) in Agriculture (A) to operate a taxidermy business from an existing workshop and residence for use as a home occupation, Petition CUP#98/9/2-2, Willie B. Hall, Tracking No. 72-98-CUP, Ordinance 1998-77.

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

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

Mr. Alvin Jackson, Deputy County Manager, discussed the request regarding the amendment to the Lake Apopka Marsh Flow-Way Construction Project Contract to extend the expiration date to March 31, 1999. Mr. Jackson stated that the original date was September 30, 1998. He noted that there was a representative from St. John River Water Management District present to discuss the request.

Commr. Hanson made a motion, which was seconded by Commr. Good, to approve the request for approval and execution of an amendment to the lake Apopka Marsh Flow-Way Construction Project Contract to extend the expiration date to March 31, 1999, and to include the Marsh Flow-Way pump station renovations, flow monitoring equipment and initial soil amendment for the cells in the agreement with Lake County Water Authority.

Mr. David Stites, Manager, Lake Apopka Restoration, Department of Water Resources, addressed the Board and stated that he was also requesting, in addition to the no cost extension, consideration for reimbursement for the discharge pump station retrofit flow metering equipment. He stated that this was not part of the original agreement, and the dollar amount and the match amount were not being changed.

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

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

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

TAX COLLECTOR

Mr. Alvin Jackson, Deputy County Manager, discussed the request regarding the Lease Agreement between Lake County and Steven W. Strong and Scott A. Strong for the Tax Collector's Leesburg Branch Office.

Commr. Cadwell made a motion, which was seconded by Commr. Good, to approve the request for approval and execution of the Lease Agreement between Lake County and Steven W. Strong and Scott A. Strong for lease of the property making up the premises known as 1340 Citizens Boulevard, Leesburg, in the amount of $77,868 for the Tax Collector's Leesburg Branch Office.

Under discussion, it was noted that the amount was included in the budget, and it was a reduction in the lease.

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

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

MISCELLANEOUS

Mr. Alvin Jackson, Deputy County Manager, updated the Board on Hurricane Georges and noted that there is voluntary evacuation in the Florida Keys. He stated that staff would keep the Board informed.

REPORTS - COMMISSIONER GOOD - DISTRICT #2

MUNICIPALITIES/RESOLUTIONS

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 1998-150 supporting the Great Floridian Triathlon to be held October 24, 1998, in Clermont and the surrounding areas of Lake County.

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

WATER CONSERVATION

Commr. Good presented the Board with information on a proposal for the Lake County Water Conservation 2000 Symposium, for discussion and consideration. He stated that the purpose of the symposium is to bring together all water resource users and planners in Lake County to examine and study the public and private actions by water users focusing on hardware and technology provided by the business section, and Florida water law, the ordinances and other legal aspects of government regulation of our natural resources. He stated that the discussions are very preliminary at this point. He further stated that he would like to see the Board come together as one of the sponsors of this activity.

Commr. Hanson stated that Commr. Good may want to consider Farm Bureau and Soil and Water Conservation as potential sponsors.

Commr. Swartz stated that he did not have any opposition of seeing the Board going forward with the sponsorship of this proposal, and he asked that, when Commr. Good gets the details, he put the item on the agenda for discussion.



MISCELLANEOUS

Commr. Good informed the Board about the 1999 Relay for Life, a team event to fight cancer, in south Lake County in March, and presented information should the Board decide that the County might like to participate in the program and provide a team in the all night walkathon and relay.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

MISCELLANEOUS

Commr. Hanson extended her appreciation to the Board for their participation in the United Way Day of Caring.

RECESS & REASSEMBLY

At 1:10 p.m., the Chairman announced that the Board would recess until 6 p.m. for the final budget hearing.

PUBLIC HEARING - FINAL HEARING ON 1998/1999 BUDGET

The following individuals, from the County Finance Department, were present for the final public hearing on the budget: Barbara Lehman, Chief Deputy Clerk, County Finance; Sarah LaMarche, Budget Director; Tracy L. Zeller, Senior Budget Analyst; Julia A. Wilson, Budget Analyst; and Kevin McDonald, Senior Budget Analyst.

Commr. Swartz reconvened the Board meeting and stated that, pursuant to Section 200.065, Florida Statutes, Lake County has advertised prior to final adoption its intent to adopt a final millage rate and budget in "The Lake Sentinel". He stated that the first substantive issue discussed shall be the percentage increase, if any, in millage over the rolled-back rate necessary to fund the budget, and the specific purposes for which ad valorem tax revenues are being increased. Ad Valorem revenues are being increased to provide additional general services to a growing population, as well as increased revenues for the Lake County Ambulance District which will prepare incrementally for the cost of services in FY 2001 when the current contract with Florida Regional EMS expires and other changes in legislation take effect. Commr. Swartz stated that the Countywide General Fund rolled-back rate is 4.624; the tentative millage rate is 4.733; and the percentage of increase over the rolled-back rate is 2.36. The rolled-back rate for the Lake County Ambulance Taxing District is 0.155; the tentative millage rate is 0.268; and the percentage of increase over the rolled-back is 72.90. The aggregate is 4.936 rolled-back rate; 4.744 tentative millage rate; and 4.047 percent increase over rolled-back. He stated that, prior to adoption, the Board will hear comments from the general public regarding the proposed millage rate and explain the reasons for the proposed increase/decrease over rolled-back rate; adopt the Millage Levy resolutions separately; and consider any budget amendments and adopt the Budget Resolutions.

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

Mr. Roy Hunter, Paisley, extended his appreciation to Mr. Alvin Jackson, Deputy County Manager, and Mr. Frank LeFluer, Acting Fire Chief, for their proposal, which was presented by Commr. Hanson at the Paisley Town meeting last Thursday, September 17, 1998. The proposal would place one paid firefighter at the Paisley fire station around the clock. He hoped that the Board would unanimously consider and approve this proposal. He extended his appreciation to the Board for agreeing to keep the fire station open in Paisley at its present location.

Commr. Hanson stated that there was a representative from the YMCA in the audience, and she knew there had been a request for funds. She questioned the outcome of the request.

Commr. Swartz stated that last Wednesday, at the Citizens Commission for Children meeting, they agreed to review the enhanced expenditure that the Board had tentatively approved, and which is in this budget. They had originally proposed that it be spent on the ACE program, in discussions with the Superintendent. There is some question as to whether or not they wish to fund any of that program, and therefore, it may be funds that are at least allocated right now that may not be spent. The Citizens Commission for Children was advised of this and they are going to be reconvening their RFP Committee to decide whether or not they want to reallocate some funds, if it appears they will not be spent. It was noted that the Clermont issue was a separate proposal.

Mr. Paul Ludke, President of the Mobile Homeowners' Association of Lake County, addressed the Board and stated that, pursuant to Florida Statutes 723, they, as homeowners, do not have real property, and they do not have to pay the tax, so they are going to not pay the taxes and let the park owners fight it. He noted that Florida Statute 723 states that it has to be a government mandate improvement project.

Commr. Swartz made reference to a letter dated in 1991, from the County Attorney at that time who tried to make it very plain that the County Commission has enacted a special assessment, the Tax Collector will send those assessments out to the appropriate property owners, and the County expects those assessments to be paid by those owners of that real property. The issue of the owner trying to collect the assessment from someone else has never been a position that the County has taken, and as Mr. Ludke stated, it is an issue between him and his landlord who leases him the property. So his action on this is consistent with what the County's position has always been.

Mr. Mike Jarmoluk, Tavares, addressed the Board to discuss the location of his property in relation to the railroad tracks near Wooten Park. Mr. Jarmoluk stated that there are empty railroad cars in front of his property, which have been there sometimes more than a month. He stated that he pays over $250 a month in taxes, and he feels his taxes are too high.

Commr. Swartz stated that the County can discuss the issue brought forward by Mr. Jarmoluk with the City of Tavares and the railroad, to try and express some of his concerns with regard to that issue.

Ms. Carrie Williams addressed the Board to discuss the impact fees that are collected by the County, the seminar that was held regarding improvements that can be made to the appearance of corridors into cities and along the roadways, and the mobile home fire assessment. Ms. Williams stated that, because of the flood and severe damage that had been done to her rental property, which has a mobile home on it, her taxable value was reduced from $17,000 to $800, with the tax being $32, and if the County charges her $82 for the fire tax, that will be more than her property taxes. She noted that no one is currently living there. She was also concerned about the Ambulance Taxing District millage being approved as part of the budget.

Commr. Swartz suggested that Ms. Williams meet with Mr. Don Post, Senior Director, Solid Waste Management Services, to look at her particular situation and find out whether or not there is relief available to her.

Ms. Williams stated that she has lived in Lake County for 37 years in the same house, in the City of Leesburg, and she strongly objects to the fire tax going from $32 to $82.

Mr. Sandy Minkoff, County Attorney, explained that, if the home is habitable and just empty, it would be charged the fee, but if it had been destroyed beyond being habitable, it might not be classified a single family residence anymore, and it may qualify as a shed, or something else at a different rate, but an empty house, just because it is empty, would still be subject to the fire assessment. He stated that there is an appeal process built into the Ordinance.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Mr. Minkoff read the following sections of the proposed Resolution pertaining to the Lake County Ambulance District into the record:

Section 1. The final millage rate of 0.268 mills is hereby levied on all property within the Lake County Ambulance District, to be used for the Lake County Ambulance District budget, for Fiscal Year 1998-99, and shall be effective October 1, 1998.



Section 2. The millage rate of .268 mills is an increase of 72.90% over the rolled-back rate of .155.



. On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to adopt Resolution 1998-151, which sets the millage rate for the Lake County Ambulance District.

Mr. Minkoff read the following sections of the proposed Resolution pertaining to the Countywide millage rate:

Section 1. A Countywide final millage rate of 4.733 mills is hereby levied on all property within Lake County, Florida, to be used for the Lake County budget, for Fiscal Year 1998-99, and shall be effective October 1, 1998.



Section 2. The Countywide millage rate of 4.733 mills is an increase of 2.36% over the rolled-back rate of 4.624.



Section 3. The aggregate rate of 4.936 mills per $1,000 valuation is 4.047 percent more than the aggregate rolled-back rate of 4.744 mills.



On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to adopt Resolution 1998-152, which sets the Countywide millage rate.

Commr. Hanson stated that there had been a request for $7,500 additional dollars for Affordable Housing by Lake. She questioned whether this was approved.

Mr. Fletcher Smith, Senior Director, Community Services, stated that Affordable Housing by Lake did apply for some additional funds, but the amount in the budget was $17,500.

Commr. Hanson stated that they do need extra dollars, and she knows that Affordable Housing by Lake is in the process of getting ready to go out for bid, to bid the actual service that they do. She would like the Board to reconsider some extra dollars next year.

Commr. Cadwell stated that he knows there are some additional dollars available, and he would be in favor of having this be brought back to the Board, with the appropriate backup material to review.

Commr. Hanson stated that, in regards to the issue brought up by Mr. Hunter about the Paisley fire station, she asked Mr. Brian Gamble with the Volunteer Fire Department to put together a proposal, which she provided to the Board at this time, for the Board members to consider. She was not asking for any response from the Board right now, but since this was part of the budget, she felt there were some very good recommendations being made.

Mr. Minkoff read the following sections of the proposed Resolution pertaining to the final budget:

Section 1. That the Board of County Commissioners of Lake County, Florida, hereby adopts a Final Budget in the amount of $180,622,407 for the Fiscal Year 1998-99, a copy of which is attached hereto and incorporated herein as Exhibit "A".



Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to approve to adopt Resolution 1998-153 pertaining to the final budget.

Under discussion, Commr. Hanson stated that she would be voting against the budget for the same reasons that she gave at the previous meeting, and that is the actual formulation of the fire tax. She still strongly believes that it should have been a mixture of an ad valorem and an assessment, but not a complete assessment, because she feels it will create a hardship for many folks in the County.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote.

Commr. Hanson voted "no".

Commr. Cadwell extended his appreciation to the budget staff and the County Manager's staff for their hard work on the budget.

Commr. Swartz extended his appreciation to all staff, as well as the Constitutional Officers who worked with the Board to develop a budget that would provide for their needs and would meet the Board's goals.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:40 p.m.



G. RICHARD SWARTZ, JR, CHAIRMAN



ATTEST:





JAMES C. WATKINS, CLERK



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