The Lake County Board of County Commissioners met in regular session on Tuesday, February 26, 2002, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; and Debbie Stivender. Commissioners not present: Catherine C. Hanson. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; and Toni M. Riggs, Deputy Clerk.
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, noted that there is an Addendum to today's agenda.
PUBLIC HEARINGS -
ROAD VACATIONS
PETITION NO. 959 - FRANKLIN AND MARGARET HOLMAN - UMATILLA AREA - DISTRICT 5
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss Petition No. 959 by Franklin and Margaret Holman, Representative Robert F. Vason, Jr., Esquire, to vacate streets in S1, T18S, R26E recorded in the Plat of Glendale in the Umatilla area - Commission District 5. Mr. Stivender reviewed the backup material, which illustrated the location of the streets and stated that staff is not sure how the property lines were developed over time. He explained that Pine Street gives legal access to all of the back lots (60 foot right-of-way), even though the property lines are actually inside the edge of the lots and, if they close Pine Street, these lots will not have the legal access they have today, so there is somewhat of a public purpose. Staff is recommending approval to vacate everything as shown, except for Pine Street, so that those lots have legal access in the back. He explained that the three lots have been there since the 1800's and noted that Glendale is in Plat 1, Page 46 and, according to the survey, there is a structure in the middle of the right-of-way.
Mr. Sandy Minkoff, County Attorney, stated that, if the Board should close everything but Pine Street, as being recommended, the garage (structure) is in the public right-of-way, so the right for litigation would fall back on the County, and the County would be the enforcer. Ms. Sharon Farrell, Senior Director of Growth Management, explained that, if the Board closed a portion of Pine Street, a 30 foot right-of-way would not allow the Wunschs to develop their three parcels without a variance, but a variance is possible.
Commr. Pool opened the public hearing portion of the meeting and called for public input.
Mr. Robert Vason, Attorney representing the Holmans, addressed the Board, and stated that he understands that the only objection staff has involves Pine Street, and there is no objection to the closing of the other streets. Mr. Vason explained that Pine Street appears on the 1885 plat of Glendale and, at the time it was recorded, Lake County was still a part of Orange County, and there is no dedication on the plat. It was his understanding that, prior to September 1, 1971, when a plat is recorded and it does not have an express dedication on it, then it constitutes an offer by the property owner to dedicate those roads. There is case law that says that a property owner, at any time, can withdraw that offer to dedicate prior to the time that those roads have been accepted. In this particular case, there has never been any acceptance of that offer to dedicate, and Pine Street and all of the other streets lie wholly within his client's legal description to the property. Mr. Vason stated that he has copies of the various deeds to his client's predecessor, a metes and bounds description, and it includes the legal description for all of these streets. The deed to the adjoining property owner, Mr. Wunsch, dated 1954, is also a metes and bounds description meaning that he did not acquire title to this property by lots and blocks and relying on Pine Street for access to his property. Mr. Vason explained that Mr. Wunsch's property has been annexed into the City of Umatilla and is not subject to the land development regulations (LDRs) of the county. Their position is that he would never be able to utilize Pine Street for access to his property, because he could not comply with the LDRs of either the county, or the City of Umatilla specifically, because that property fronts on SR 19. He will have to put in acceleration lanes, or deceleration lanes, in order to access his property, therefore, because of the ten foot strip that his clients own along the northeast boundary, he is not going to be able to utilize Pine Street as the main means of access for ingress and egress to his property. In addition, Mr. Wunsch has in excess of 400 feet of road frontage on SR 19 and, in order for him to develop that property, he will have to comply with the City's LDRs. In conclusion, Mr. Vason stated that Mr. Wunsch bought the property by metes and bounds in 1954; the plat has been recorded since 1885 and none of those streets have ever been open; they will never be open; they serve no useful purpose; and they all need to be vacated including Pine Street.
Mr. Stivender stated that staff did suggest that all of the roads be vacated to the north but, because they are in the City and they have a different plan, the property owner rejected the offer.
Mr. Phil Wunsch addressed the Board and stated that he did buy the property in 1954. Mr. Wunsch explained that he took care of three rows of citrus trees for the Maxwells after the freeze, and he gave the Maxwells ten feet of property, so they could have access to their home, but that the ten feet was beyond Pine Street. Mr. Wunsch stated that, when he gave them the ten feet, he never knew that Pine Street existed.
Mr. William Wunsch addressed the Board and stated that he is the son of Mr. Phil Wunsch. Mr. Wunsch explained that they brought all ten acres of their property into the City of Umatilla, as shown on the survey and, according to the City, they do not have to have ingress and egress lanes. The City told them not to let anyone close Pine Street, because that is the only access to the back lots. Mr. Wunsch explained that, after the freeze, they decided to build their mower shop on the property and that is when they found out that there were roads and actual lots. The City told them they had to vacate the existing roads to be able to go across them. The property is zoned commercial, it meets all of the City's requirements, and they can now build on each lot.
Mr. Stivender explained that the ten feet at Lemon and Orange is still public, and today they are trying to clear up the title. It was noted that, generally when the Board closes a street, the property owner on either side would split the right-of-way, but in this case, because of the ten foot strip, all of the property would go to the Holmans.
Mr. Wunsch informed the Board that they have decided not to build the mower shop on the property, because they have purchased other property with an existing building on it.
Mr. Gary Gunter, the son-in-law of Mr. Phil Wunsch, addressed the Board and stated that he understands that Mr. Wunsch gave the Holmans the ten feet so they would have access to their home and, since he bought it by metes and bounds, he thought the ten feet came from the middle of Pine Street out to the edge of his property where he maintained the active grove. Now instead of him giving away ten feet, he will be giving away 40 feet of his property, if this road is closed, and there is no access to the back property, which will eventually change hands. Mr. Gunter stated that he would like to see Pine Street remain the way it is today.
Mr. Vason clarified that, when Mr. Wunsch stated that he gave the ten feet to the Holmans, he did not mean that he deeded it to them and, when the Holmans had a survey done, they discovered that the legal description for their main parcel included the ten feet. Mr. Vason presented the Board with copies of the Wunsch deed dated 1954, and a copy of Deed Book 127, Pages 64 - 66 dated 1926, Robert E. Maxwell (Mr. Holman's father), which contained the following language: "and those parts of Pine, Oak, Magnolia, Orange and Lemon Streets lying between and contiguous to said lots"; therefore, they would take the position that this is a muniment of title to his client for these streets. He referred to the City of Umatilla's LDRs, Chapter 14, Section 2, sub-section C, Transportation Standards, and Section 3, sub-section C, and stated that, even under their regulations, Mr. Wunsch would not be able to ever develop Pine Street.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that he met with Mr. Stivender numerous times over the last couple of months trying to find a way to make this work for everyone, and he does not feel they have been successful. The question of the ten feet was a concern to him but, after looking at both of the deeds, he is convinced that the ten feet was the Holman's property all along, because the legal descriptions says that the ten feet are entirely on the Holman's property, therefore, Pine Street is entirely on the Holman's property and Mr. Wunsch never had title to the ten feet.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved Petition No. 959, by Franklin and Margaret Holman, Representative Robert F. Vason, Jr., Esquire, to vacate streets in S1, T18S, R26E recorded in the Plat of Glendale in the Umatilla area - Commission District 5, Resolution 2002-28.
PETITION NO.979 - STEPHEN V. ROSIN - CLERMONT AREA - DISTRICT 2
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss Petition No. 979 by Stephen V. Rosin to vacate a portion of an easement in the Plat of Magnolia Island in S36, T22, R26 in the Clermont area - District 2. Mr. Stivender noted that there were four letters in favor of the request including a letter from the Homeowners' Association. He explained that there was a similar plat that was brought to the Board last year where a portion of the easement in the back was vacated. Staff is recommending approval to vacate the easement.
Commr. Pool opened the public hearing portion of the meeting and called for public comment.
Mr. Stephen Rosin, the applicant, addressed the Board and stated that, when they went to the Building Department to pull a permit to build a swimming pool, they were told that they could not build it in their backyard because there was an easement there. They had a survey done of the property, which shows that, in some places, the easement is over 150 feet wide. Mr. Rosin stated that they are requesting about one-half of the easement on which to build a swimming pool. He noted that all of the other easements on the property, which are clearly marked, are about ten feet wide, and the portion that would remain would be about 50 feet wide.
Mr. Stivender noted that there is the possibility that there will be other requests for the same thing, since there are several other properties that have a large easement on them, because of the contour of the lake.
Mr. Rosin stated that, in looking at the plat of the area, his lot is on the corner, and only the corner lots have the larger easements, so there would be about four lots that would have this problem.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Pool stated that the request is in his district, and he has no problems with it.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved Petition No. 979 by Stephen V. Rosin to vacate a portion of an easement in the Plat of Magnolia Island in S36, T22, R26 in the Clermont area - District 2.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Cadwell made a motion, which was seconded by Commr. Hill, to approve the
appointments of individuals to vacant positions on the Industrial Development Authority, as follows:
Reappointments
Billy Spikes
Cecil Shumacker
Shannon Elswick
Dale Bartch
Carl Lunderstadt
Frank Gammon
Under discussion, Commr. Pool directed staff to send letters to the other individuals who had applied for the vacant positions.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 4-0 vote.
REZONING
CASE PH#6-02-3 - HANG JU CHON & YOUN SU CHON - JIMMY CRAWFORD - A TO CFD - TRACKING #1-02-CFD
Ms. Sharon Farrell, Senior Director of Growth Management, informed the Board that there is one request for postponement from Mr. Jimmy Crawford, Tab 4, Hang Ju Chon & Youn Su Chon, for 30 days to finish a hydrogeological study.
Mr. Jimmy Crawford, Attorney representing the applicants, addressed the Board and stated that Planning and Zoning had asked them to update their hydrogeologic study, so their hydrogeologist has taken additional testing and sent it to Gainesville, and they have not gotten it back as of this date. He stated that the test is due back by March 1, so he will be ready for the March zoning hearings.
Commr. Pool asked for comments regarding the request for postponement.
Mr. Gregory Peterson, Astatula, addressed the Board and stated that he is a part of the group that has concerns about this petition and, although the petition is somewhat new, the issue is not new. It has been before the Board a number of times under a different request for a CUP versus a CFD. While the geological report may be scientific in nature, he does not feel it would have a lot of bearing on this case, unless it provides some leverage or factual issues that the Board might consider. Mr. Peterson stated that a lot of people take time out of their daily schedule to attend these meetings, and he questioned whether the case could be heard today.
Commr. Cadwell stated that, in knowing the history of this case, he felt it would be better to err on the side of caution and make sure that the applicant gets every opportunity to present their information, so that the Board can make an informed decision, but he did understand the frustration of those in attendance today.
Mr. Peterson stated that this is not just an issue about a rezoning from one classification to another, but it is a conservation issue and a water issue, and an issue that is becoming more and more intense within the county, the state, and the country, in terms of water usage and land usage situations. He really did not feel that the report was going to change anything.
Commr. Stivender stated that she was not on the Board when this case was heard before and she would like to have all of the information that is available before she makes any type of decision on it.
Commr. Hill stated that she is concerned when the Board has repeated postponements, because she feels it really undermines the public's participation, because they make arrangements to attend the meetings. She stated that the Commissioners have heard the case before and she has gathered minutes from those meetings, but there may be new evidence that has not been presented. She was concerned that the report was going to be the same report with just a different expert.
Commr. Cadwell stated that there are people that come to the Board and ask for postponements as a practice, but Mr. Crawford has not done that in the past, and he would be less concerned about him asking for a postponement that maybe somebody else. He plans to support the postponement, but he agrees with Commr. Hill that this will be the last one.
Commr. Hill stated that she wanted to make it clear that, in March, she did not want to hear another request for a postponement and, if Mr. Crawford needs more time, then he needs to let the people and the Board know now.
Mr. Crawford stated that he tried to let everyone know that they would be asking for another postponement including those individuals in attendance today. He explained that, because Planning and Zoning asked him a very specific question about his 1999 hydrogeological report, the updated report will include today's aquifer levels, and it will address surface impacts that were not addressed before.
Commr. Hill stated that she will support a postponement only because she feels that the Board is one Commissioner short, and she feels they should all be here, and Commr. Hanson has heard the case and perhaps has some insight to it.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to postpone for 30 days Case No. PH#6-02-3, Hang Ju Chon & Youn Su Chon, Jimmy Crawford, Gray, Harris & Robinson, PA, Tracking #1-02-CFD, with the understanding that this will be the last postponement, and the Board will have all of the information that they will need to hear it.
Mr. Sandy Minkoff, County Attorney, pointed out that he sent a memo to the Board recently with a copy of decision from Marion County, which is very similar to this case, where Marion County denied a rezoning and was sued and the denial was upheld. He wanted to let Mr. Crawford know that the Board members obtained a copy of that case (Priest v. Marion County).
Mr. Crawford requested a copy of the case noted by Mr. Minkoff, and stated that he does understand that the administrative res adjudicata issue will be the first thing he will talk about with the Board when he comes back to present the case.
CASE CUP#02/2/1-3 - ELAINE LEWIS - CUP IN A - TRACKING #14-02-CUP
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the request involves a half acre site in the Okahumpka area, and the applicant is requesting a CUP, in order to groom up to six pets at her site. There are no letters of opposition. The applicant presented two letters of support from her adjacent property owners, and staff can support the request. The Planning and Zoning Commission approved it 9 to 0.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously 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 A (Agriculture) to allow for a home occupation use of a pet grooming and pet sitting business on site with an existing residence, Tracking #14-02-CUP, Ordinance 2002-112.
CASE PH#8-02-2 - CLERMONT PEAK, LLC - JIMMY CRAWFORD, PA - A TO C-2 TRACKING #8-02-Z
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the request to rezone a little over ten acres from agriculture to C-2 (Community Commercial). Ms. Farrell stated that staff did find some merits with this request, however, based on the County's Comprehensive Land Use Policies on commercial location criteria, they could not support it. If it is supported by the Board, a traffic study will be required at site plan review, and there will be some right-of-way dedication for the reversed frontage road. Ms. Farrell explained that there is a lot of commercial activity on SR 50, but Hancock Road, which is the closet arterial, has not been classified as an arterial, because it does not serve at that function yet, and there is a policy that says the County will not rezone property based on future road construction, therefore, staff cannot support the request. She stated that, in the backup, there is a fax from the City of Clermont, and the applicant will need approval by the City Council to get water from Clermont. It was approved by the Planning and Zoning Commission 9 to 0.
Mr. Jimmy Crawford, Attorney representing the applicant, addressed the Board and stated that, in going through the minutes of the Planning and Zoning Commission meeting, they have confirmed with the Florida Department of Transportation (FDOT) that they will give them a right-in, right-out only on SR 50, and it will require reverse frontage road construction. They will donate right-of-way, if needed, on SR 50, and they have already agreed to donate right-of-way for the reverse frontage road. He stated that he would respectfully argue that the request meets commercial location criteria, although he does understand the interpretation made by staff, but he feels that the factor, along an arterial and an appropriate distance from an intersection, has been interpreted to be 1,320 feet as a general rule. Mr. Crawford stated that the parcel in question is 1,320 feet from Hancock Road, even though it does not go through to Old 50, and it is under construction but, once it is completed, it will be a collector. At this time, Mr. Crawford reviewed the location of the property in relation to the surrounding activity and parcels and stated that it is an area of rapid urbanization. They are surrounded by the City of Clermont and by highway commercial zoning in the City of Clermont. Mr. Crawford stated that they went to the City of Clermont and asked them, in a workshop situation, about annexation and they indicated that they would prefer to see it zoned commercial before they try to bring it into the City. He stated that they fully expect it to be a part of the City of Clermont and would not object to their annexation, at the point of service of water and sewer. The reverse frontage road has made the impact fee list, which means construction is imminent Mr. Crawford explained that, to provide water and sewer, the City has said that they would require them to sign a covenant to annex, and then the annexation is at their discretion.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Pool stated that the request is in his district, and he has no problems recommending approval since it is surrounded by and will continue to be in a commercial area.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Board and approved Case PH#8-02-2, Clermont Peak, LLC, Jimmy Crawford, PA, a request for rezoning from A (Agriculture) to C-2 (Community Commercial) to allow for retail and commercial uses, Tracking #8-02-Z, Ordinance 2002-113.
CASE MSP#93/12/1-3 - CHARLES E. BRADSHAW - RECLAMATION - TRACKING #15-02-CUP/REV
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the request is a voluntary revocation; the Sunshine Peat Mine that has been reclaimed. The County's Land Development Regulations (LDRs) requires that it go through the same public hearing process as it did when it was granted.
Commr. Pool 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. Pool felt that the mine revocations need to be a little more publicized and the fact that these mines have been reclaimed and people need to understand that this is part of the process when you make application, you have to bring it back to an acceptable condition.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case No. MSP#93/12/1-3, Charles E. Bradshaw, a Voluntary Revocation, Tracking #15-02-CUP/REV.
CASE PH#10-02-2 - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS - LAKE COUNTY SHERIFF'S OFFICE - AMENDMENT TO CFD - TRACKING #12-02-CFD/AMD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the request came from the Board of County Commissioners (BCC), in conjunction with the Lake County Sheriff's Office, for a ten acre site in Groveland for a 400 foot self-supporting communication tower for the County's emergency services. Ms. Farrell stated that Ms. Kathleen Thomas, Operations Director, Department of Solid Waste, was present today to give the Board an update on the Motorola study. She noted that, in the backup, there were 17 letters of opposition, and staff did support the request subject to FAA approval. Ms. Farrell stated that staff is still waiting for that information and, as far as the tower placement, it meets the minimum criteria in Chapter 3 for tower location. Staff is recommending approval of the request.
Ms. Kathleen Thomas, Department of Solid Waste, addressed the Board and stated that Ms. Peggy Dionne, Special Services Division Director, Public Works, is here with her today as they are the co-leaders of the radio communications project for the County. Ms. Thomas explained that the original system was an eight tower system but, since that time, staff has explored a lot of different options. She stated that, when they had difficulty finding lease space, they asked Motorola to look at a redesign of the system, and they have developed a new system design, which reduced the number of towers to five towers. She noted that three of them are on county property; the other two are existing tower sites in the County and this particular site being discussed today is already owned by the Sheriff's Office. There is a warehouse operation located at this site, and it is a 400 foot tower. They do have some updated information from a consulting firm that Motorola hired to assess the likelihood that FAA would approve this tower site. At this time, the Board was presented with a report, which indicated that the FAA will have no problems with this proposed tower site. Ms. Thomas stated that it is their charge to make sure that Lake County has the most efficient and best coverage for a public safety radio system, and she and Ms. Dionne are trying to ensure that Motorola adheres to the contract requirements and that the Public Safety staff has a quality radio system, which they currently do not have. She stated that it is not their intent to create any safety hazzards for the airport that is in the area, and they are not FAA experts, and that is why they are coming to the Board today to ask for their approval based on the planning and zoning requirements, and then defer to the FAA for their judgment on the FAA guidelines. Ms. Thomas stated that the Sheriff's Office is here today and can speak about the specific site, and they have their chief pilot with them. She noted that the pilot spoke to the Planning and Zoning Commission about his opinion of the safety hazzards that may be created for the airport in the area. There is also a representative from Motorola today, if there are any questions regarding the system itself.
Commr. Stivender disclosed that she met with staff, as they are also the applicant, and she attended the Planning and Zoning Commission meeting.
Commr. Hill and Commr. Cadwell disclosed that they also spoke with staff on this issue.
Commr. Pool stated that he received a letter of opposition and disclosed that he met with staff on this issue.
Mr. John Liptak, Account Sales Representative for Motorola, addressed the Board and stated that the south tower is important to them, because it covers the Groveland area and the Clermont area, and they need to cover the southeast corner of the County where it is growing. Mr. Liptak stated that they dropped the sites from eight to four, but they do not want to give up the coverage that they are contracted to do. If they have to go back and re-evaluate sites again, it might mean five or six towers, if they have to drop anything lower in that area.
Ms. Thomas stated that it may also mean that they will have to go to some transmit and receive sites, but it is very important to the public safety officials that this not occur, because it does not provide a quality system like a tower that has the transmit and receive on it. She and Ms. Dionne support this approach and are striving to provide this to all agencies that will be using it. Ms. Thomas explained that, if there is still space available, the tower is designed to hold four different agencies, Fire and Emergency Services, the fire department, Lake Sumter EMS, as well as IT. They did not design the towers as a money making operation, and there are already four users on this tower. Ms. Thomas explained that this tower will cost approximately $700,000 and is a self-supporting tower.
Commr. Pool opened the public hearing portion of the meeting and called for public comment.
Mr. Don Huntington, owner of the airport, addressed the Board and stated that he has gotten 17 letters of opposition, from not only private pilots, but commercial pilots. Mr. Huntington stated that they all feel it is ridiculous to put a 400 foot tower in the down wind leg of an airport. He feels that the FAA will sign off on it, because they do not have any jurisdiction of privately used airports. Mr. Huntington explained the traffic patterns used by pilots at the airport and stated that he wants to go on record as being against the request in case of a casualty, because it is a safety hazzard.
Mr. Jack Bradfield stated that he owns 20 acres at the south end of the airfield. Mr. Bradfield stated that he was here about a year ago to discuss the airport, and to discuss, with the neighbors, the type of operation they wanted it to be. He explained that he has a house and a hanger at the end of the airport, and he does not have access to the airport. They were trying to keep the area low keyed and, at that time, all of the neighbors were concerned about future towers. Now the Sheriff's Department has a warehouse in this location, and they listen to the backup signals and equipment all day long as well as the helicopters. Mr. Bradfield stated that he feels they are wanting to place the tower at this location only because it is County property, and they do not want to pay rent, but they could move it to a different location.
Mr. Chris Daniels, Captain, Lake County Sheriff's Department, stated that he was here to answer any questions.
Mr. Jack White, helicopter pilot for the Sheriff's Department, stated that, in regards to the different types of aircraft, it is his opinion that it is not a safety factor. They go to numerous airports throughout the south and a pilot is required to use navigational aids. He stated that the tower location is actually to the west outside of the landing pattern at the airport and, if they are adhering to the standards, they are going to be approximately 1,000 feet over the tower, which gives them roughly 500 feet clearance. In his opinion, it is not a safety issue at all. Mr. White stated that he has landed his helicopter at the Ken Bragg Safety Complex, and he has never had a problem with the tower located behind the middle school.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Pool stated that, in the event that, at some point, they have talked about other sites, and there may be other opportunities in the future and, if that tower should leave that location, how far can it impact what they have now set up with this elevation.
Mr. Liptak stated that, if they lose that site and they have to move it to the east, they will lose the Green Swamp area, and if they have to move to the west, they will lose the Clermont area.
Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to upheld the recommendation of the Planning and Zoning Commission and approve Case #PH#10-02-2, Lake County Board of County Commissioners, Lake County Sheriff's Office, a request for an amendment to CFD Ordinance #2001-18 to allow placement of a 400 foot self-supporting communication tower on site with the existing uses and functions operated by the Lake County Sheriff's office, Tracking #12-02-CFD/AMD, Ordinance 2002-15.
Under discussion, Commr. Hill stated that she lives probably in the heaviest air traffic area in Lake County, and per acre, she probably has more towers in and around this airport. She stated that the Sheriff's Department does a good job, and she does understand the concern on safety, but she has not seen the air traffic and towers as a problem.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 4-0 vote.
CASE NO. PH#9-02-3 - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS - AMENDMENT TO ORDINANCE #1996-69 - TRACKING #11-02-CFD/AMD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the request is to allow a communication tower at the Lake County Solid Waste facility. The request was approved by Planning and Zoning 9 to 0 and there were no letters of opposition. Ms. Farrell noted that staff does not support waiving landscape requirements.
Mr. Sandy Minkoff, County Attorney, noted that staff did not make a request to waive the landscape requirements, and the discussion came up at the Planning and Zoning as discussion only.
Commr. Pool addressed the lighting conditions and stated that dual lighting is a permanent part of the tower ordinance.
Ms. Farrell noted that the lighting conditions were not included in the proposed ordinance but will be added.
Ms. Kathleen Thomas, Operations Director, Department of Solid Waste, informed the Board that they have a preliminary report from the consultant for Motorola, and they have indicated that the County may have an issue with the FAA with this particular site, because it is in the flight pattern for the Leesburg Airport. Ms. Thomas stated that staff is meeting again this afternoon and looking at an alternative site, if the FAA does not approve it.
Mr. Minkoff explained that the Board can approve the request and, if, in fact, they go to a different location, staff can bring it back to remove it at that time.
Commr. Pool 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. Stivender clarified that there is other towers in this area, but they are privately owned.
Ms. Thomas stated that staff did speak to the lease agents for both of the towers, and the lease cost was high and neither tower meets the height requirement under the current system design.
Commr. Stivender stated that the request falls within the City of Tavares' utility district and joint planning agreement, which the County does not have yet and, after checking with the City Administrator, the City had no problem with it.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#9-02-3, Lake County Board of County Commissioners, a request for an amendment to Ordinance #1996-69, to allow the placement of a 400 foot guyed wire communication tower on site with the existing uses and functions operated by the Lake County Solid Waste Department, Tracking #11-02-CFD/AMD, and as amended to include the standard landscape and lighting requirements, Ordinance 2002-16.
CASE PH#11-02-5 - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS - LAKE COUNTY FACILITIES & CAPITAL IMPROVEMENTS - AMENDMENT TO CFD ORDINANCE #2001-129 - TRACKING #13-02-CFD/AMD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the Board has seen this site before for a fire station, and the request is to add the 150 foot telecommunication tower. Ms. Farrell noted that it will be landscaped.
Ms. Kathleen Thomas, Solid Waste Department, stated that staff does not have any issues with FAA, per their preliminary findings from the consultant on this particular site.
Commr. Pool 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. Stivender and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#11-02-5, Lake County Board of County Commissioners, Lake County Facilities & Capital Improvements, a request for an amendment to CFD Ordinance #2001-129 to place a 150 foot self-supporting telecommunication tower on site, Tracking #02-CFD/AMD, Ordinance 2002-17.
Mr. John Liptak, Motorola, stated that hopefully they will be able to get the towers up by August other sometime soon thereafter. He will keep staff updated.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ELECTIONS
Mr. Sandy Minkoff, County Attorney, explained that the Supervisor of Elections is planning on putting the new voting machines at the Lake Square Mall and using them as an education function. She will be using the State Voter Education funds to pay for it.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for approval of lease Agreement between Lake County and SDG Macerich Properties for space at the Lake Square Mall for the Supervisor of Elections to be used for voter education on the new touch screen voting system in the amount of $600.00 per month from March 1 through July 31, 2002.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, informed the Board that Commr. Hill had brought to their attention that the Ordinance on School Siting last month lacked a sentence from the transmittal and staff has corrected that for the signature copy. Also the Clerk brought to their attention that the Ordinance is not 2002-3, but 2002-11.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
COMMITTEES/LEGISLATURE/OTHER MEETINGS
Commr. Cadwell informed the Board that he will be attending the National Association of Counties Legislative Committee meetings, and he will not be here next Tuesday. He stated that there is a controversial road assessment on the agenda for Astor, which is in his district. It will be up to the Board to decide whether they want to delay the item, or to hear the item and he can relay his feelings in writing to the Board prior to the meeting.
Ms. Sandy Minkoff, County Attorney, stated that this would entail certified mail notices, because they are doing an assessment. He explained that the Board can move forward with the item, as scheduled, and, if it becomes a problem at the hearing, the Board can delay it at that time without readvertising.
COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2
OTHER MEETINGS
Commr. Pool reported that they will have another water summit meeting in South Lake County at the Jenkins Auditorium to discuss water and water issues. He stated that he had asked for a report on how much water this campus has consumed from year to year, and it is actually getting better and better, from 13 million gallons and to about seven million gallons. He feels that there may be other ideas through water restricting devices that they can continue to use, both on the campus and in their own homes, and the summit may prove that there are many opportunities for them to conserve water as they go forward.
COMMISSIONER CADWELL - DISTRICT #5
OTHER MEETINGS
Commr. Cadwell stated that there will be a meeting in Astor on Wednesday, and it is not a Town Hall meeting. He was asked to speak to the Chamber and a few other groups.
COMMISSIONER STIVENDER - DISTRICT #3
OTHER MEETINGS
Commr. Stivender stated that she will be speaking at the Rotary in Tavares, and it is not a Town Hall meeting.
COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2
OTHER MEETINGS
Commr. Pool stated that he is meeting Mr. Roy Hunter tonight at the Spring Creek Elementary School, and it is not a Town Hall meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11 a.m.
ROBERT A. POOL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/2-26-02/3-20-02