The Lake County Board of County Commissioners met in regular session on Tuesday, March19, 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; Debbie Stivender; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Bill Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, informed the Board that Tab 13, under the County Manager's Consent Agenda, a request for approval and execution of a purchase agreement, in the amount of $2,750.00, with George F. McCabe, as trustee of the George F. McCabe Family Trust, for right-of-way in conjunction with the intersection improvements at 44C/C468, in the Leesburg area, needed to be pulled from the Agenda. He stated that there was an Addendum No. 1 to the Agenda, as well, with a couple of items on it.
Mr. Sandy Minkoff, County Attorney, requested that Tab 32, under Reports, a request for approval to advertise an Ordinance creating Article V, Chapter 14, entitled Disposal of Surplus Real Property, be pulled, as well. He requested that Tab 8, under the County Manager's Consent Agenda, a request for approval to declare sale of the Citrus Sun Club to Toledano Holdings, LLC void, retain the $5,000.00 deposit, readvertise the property as surplus, and sell the property to the highest bidder over $350,000.00, be moved to Departmental Business, for discussion.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Reports/State Agencies
Request to acknowledge receipt of Report No. 02-142, from the Auditor General of the State of Florida, on the School District of Lake County, Florida Education Finance Program (FEFP) Full-Time Equivalent (FTE) Students and Student Transportation, for the Fiscal Year Ended June 30, 2001.
Accounts Allowed
Request to acknowledge receipt of list of items to be deleted from Fixed Assets, for the month of March, 2002, in the amount of $36,840.27.
Ordinances/Municipalities
Request to acknowledge receipt of the following Ordinances:
Ordinance No. 02-01, from the City of Eustis, a Small Scale Comprehensive Plan Amendment - 2002CPA01, and all related documents, pursuant to 163.3184 F.S.
Ordinance No. 01-30, from the City of Eustis, annexing a vacant 93.95 acre parcel on the west side of SR 19, between CR 44 and Lenord Street; subject to the Lake County Land Use Map designation of "Urban Expansion" and "Suburban", pursuant to Florida Statute 171.062; providing for limitations and certain conditions; amending the Future Land Use Map, pursuant to Florida Statute 163.3187; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication, by posting according to the law.
Accounts Allowed/Courts-Judges
Request for approval of Release of Fines, as follows, and authorized proper signatures on same:
Release of Fine for Pam Tyla, arising from the Second Order of Fine, in the amount of $14,350.00, dated December 28, 2001, and recorded in OR Book 2048, Pages 2060 through 2061, of the Public Records of the Clerk of the Court of Lake County, Florida, on December 28, 2001.
Release of Fines for Johnie A. Henderson, arising from the Order of Fine, in the amount of $4,500.00, dated August 28, 2001, and recorded in OR Book 1994, Pages 899 through 900 of the Public Records of the Clerk of the Court of Lake County, Florida, on August 28, 2001; and the Second Order of Fine, in the amount of $5,250.00, dated November 14, 2001, and recorded in OR Book 2028, Pages 2107 through 2108, of the Public Records of the Clerk of the Court of Lake County, Florida, on November 16, 2001.
Accounts Allowed/Clerk
Request for approval of Satisfaction of Judgment - State of Florida vs. Wilson Francois, Case No. 93-568CFA, in the amount of $250.00, which fully releases and discharges the Final Judgment entered on the 16th day of August, 1993, and recorded in OR Book 1243, Page 23-9, of the Public Records of Lake County, Florida; and authorized proper signatures on same.
Accounts Allowed/Clerk
Request for approval of Satisfaction of Judgments, as follows, and authorized proper signatures on same:
Satisfaction of Judgment - State of Florida vs. Simon Reyes Rodriguez, Case No. 9802134CFA, in the amount of $750.00, which fully releases and discharges the Final Judgment entered on the 25th day of January, 1999, and recorded in OR Book 1704, Page 361, of the Public Records of Lake County, Florida.
Satisfaction of Judgment - State of Florida vs. Simon Reyes Rodriguez, Case No. 9700071CFA, in the amount of $750.00, which fully releases and discharges the Final Judgment entered on the 25th day of January, 1999, and recorded in OR Book 1704, Page 220, of the Public Records of Lake County, Florida.
Satisfaction of Judgment - State of Florida vs. John Thomas Lambert, Case No. 83-662CFA, in the amount of $400.00, which fully releases and discharges the Final Judgment entered on the 23rd day of September, 1983, and recorded in OR Book 788, Page 700, of the Public Records of Lake County, Florida.
Satisfaction of Judgment - State of Florida vs. Roy Michael Clark, Case No. 9501812CFA01, in the amount of $250.00, which fully releases and discharges the Final Judgment entered on the 20th day of February, 1996, and recorded in OR Book 1419, Page 134, of the Public Records of Lake County, Florida.
Accounts Allowed/Clerk
Request for approval of Satisfaction and Release of Fines, as follows, and authorized proper signatures on same:
Satisfaction and Release of Fine, fully releasing Ray O. Bradley and William J. Reithel from the Reduction of Order of Fine, in the amount of $500.00, dated December 19, 2001, and recorded in OR Book 2046, Pages 398 through 399 of the Public Records of the Clerk of the Court of Lake County, Florida, on December 25, 2001.
Satisfaction and Release of Fine, fully releasing Henry and Windy Thomas from the Reduction of Order of Fine, in the amount of $100.00, dated December 19, 2001, and recorded in OR Book 2046, Pages 403 through 404, of the Public Records of the Clerk of the Court of Lake County, Florida, on December 26, 2001.
Satisfaction and Release of Fine, fully releasing Daniel H. and Nancy F. Morris from the Reduction of Order of Fine, in the amount of $2,500.00, dated December 19, 2001, and recorded in OR Book 2046, Pages 400 through 402, of the Public Records of the Clerk of the Court of Lake County, Florida, on December 26, 2001.
Satisfaction and Release of Fine, fully releasing Verdon M. Taylor from the Order of Fine, in the amount of $150.00, dated November 20, 2001, and recorded in OR Book 2030, Pages 1907 through 1909, of the Public Records of the Clerk of the Court of Lake County, Florida.
Satisfaction and Release of Fine, fully releasing Judson A. Cauthen, III, Trustee from the Order of Fine, in the amount of $1,000.00, dated October 18, 2001, and recorded in OR Book 2021, Pages 1984 through 1985, of the Public Records of the Clerk of the Court of Lake County, Florida.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Budgets/Budget and Administrative Services - Budget
Budget Transfers/Impact Fees
Request from Budget and Administrative Services - Budget for approval of the following:
Budget transfer from Contingency - General Fund, in the amount of $29,200.00, to Budget and Administrative Services, Professional Services. Additional funds are needed to provide for an amendment to the contract with Nabors, Giblin and Nickerson, P.A., to add an impact fee study on the implementation of a Corrections Impact Fee.
Budget transfer from Contingency - Emergency 911 Fund, in the amount of $18,725.00, to Public Safety, Office Supplies. Funds are needed for the purchase of 25 flat-screen monitors. Multiple PSAPs have complained about lack of workspace at call-taker positions. The flat-screen monitors would help alleviate this problem. The new monitors would be distributed as follows: Nineteen units to PSAPs, four units to administrative positions, and two spares. The existing monitors would go into county inventory, for replacements at other departments/agencies.
Budget transfer from Improvements Other than Buildings, in the amount of $25,000.00, to Public Works, Land. Funds are needed to purchase land adjacent to Pine Forest Park.
Impact Fee Refund request to Shamrock Homes, Inc., in the amount of $669.00, due to applicant being charged in error after presenting a pre-payment certificate for school impact fees.
Impact Fee Refund request to Murray Construction Services, Inc., in the amount of $1,481.00, due to impact fees being paid for three bedroom home, when home is two bedroom.
Accounts Allowed/Budget and Administrative Services - Procurement Services
Assessments/Contracts, Leases and Agreements
Request from Budget and Administrative Services - Procurement Services for approval and authorization to award RFP No. 02-029, Year 2001 Engineering Services; encumber funds; and authorize a contract, subject to County Attorney approval, to Griffey Engineering, Inc., in the amount of $178,130.00, for special assessment roads 1 - 6, with the option to negotiate roads 7 - 9 for preliminary engineering design and final design at a later date.
Accounts Allowed/Budget and Administrative Services - Procurement Services
Impact Fees/Contracts, Leases and Agreements
Request from Budget and Administrative Services - Procurement Services for approval and authorization to amend Contract No. 01-016, Impact Fee Studies, to increase the Scope of Service to include an impact fee study on the implementation of a Corrections Impact; and authorization to execute the second amendment, in the amount of $29,200.00.
Budget and Administrative Services - Risk Management/County Employees
Contracts, Leases and Agreements
Request from Risk Management for approval of Agreement for Health and Fitness Services between the Lake County Board of County Commissioners and the South Lake Wellness Center.
Accounts Allowed/Community Services/Contracts, Leases and Agreements/Libraries
Request from Community Services for approval to sign a contract for the purchase of two acres, located in the Cagan's Crossing Development, for the future site of the Citrus Ridge County Library, in the amount of $100,000.00, pending County Attorney approval of the contract.
Community Services/State Agencies
Request from Community Services for approval and authorization for Mr. Fletcher Smith, or an alternate designated by him, to serve as Lake County Government's representative on the FEMA Board; authorization for an employee from the Public Safety Department, designated by the Department Director, to serve on the Board; authorization for the submission of a direct application for funding, as a Local Recipient Organization, or Fiscal Agent/Conduit for a Local Recipient Organization, as directed by action of the FEMA Board; authorization for the advertisement, development, and submission of the required Board Plan, including signature of the elected FEMA Board Chairperson on the Plan; and authorization for the Community Services Department to manage the program and prepare the required plans, reports, and other related documents, as directed by the FEMA Board and/or required by FEMA.
Economic Development/Contracts, Leases and Agreements/Grants/Education
Request from Economic Development for approval of the First Amendment to the Agreement between Lake County and the Lake County School Board; and the Second Amendment to the Agreement between Lake County and the Orange County School Board, to incorporate changes, as a result of the amendment to the Grant Agreement with the Florida Office of Tourism, Trade and Economic Development, for the Apopka Farm Buyout.
Accounts Allowed/E 9-1-1/Emergency Medical Services/Public Safety
Request from Public Safety for approval to transfer E 9-1-1 Contingency funds to Aid to Other Government Agencies, to pay for the move and support equipment for Lake Sumter EMS at their new location, in the amount of $70,759.02.
Public Safety/Resolutions/E 9-1-1
Request from Public Safety for approval of Resolution No. 2002-35, setting the annual wire line E 9-1-1 fee at fifty cents, pursuant to the requirements of Florida Statute 365.171.
Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for approval to accept a FDOT Right-of-Way Maintenance Map, for the area of Lake Norris Road (4-7187), near the Black Water Creek Bridge.
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions
Roads-County and State/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Louise Pointe Phase V Subdivision; accept a Letter of Credit, for Maintenance, in the amount of $21,007.00; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and Louisa Pointe Land Trust; and execute Resolution No. 2002-36, accepting Crenshaw Circle "Part" (CR 0651A), Saragossa Street "Part" (CR 0651B), and Coosa Court
(CR 0751C) into the County Road Maintenance System. Subdivision consists of 44 lots - Commission District 2.
Accounts Allowed/Contracts, Leases and Agreements/Bonds/Public Works
Resolutions/Roads-County and State/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Windscape Phase II Subdivision; accept a check, in the amount of $500.00, for tree planting requirements; execute a Developer's Agreement, for Construction of Improvements, between Lake County and Banyan Construction and Development, Inc.; accept a Maintenance Bond, in the amount of $14,928.80; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and Banyan Construction and Development, Inc.; and execute Resolution No. 2002-37, accepting Regal View Loop (CR 0834B) into the County Road Maintenance System. Subdivision consists of 25 lots - Commission District 2.
Accounts Allowed/Bonds/Public Works/Subdivisions
Request from Public Works for approval and authorization to release a Performance Bond, in the amount of $99,771.00, that was posted for Pennbrooke Phase 25 Subdivision.
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for approval to accept two Drainage Easement Deeds, one Non-Exclusive Easement Deed, two Statutory Quitclaim Deeds, and one Temporary Non-Exclusive Easement Deed, as follows:
Drainage Easement
Clarence and Betty Howard
Lake Shore Drive (3-5154)
Cavalier Investments, a Florida corporation
Lakeshore Drive (3-3960)
Non-Exclusive Easement Deed
Francisco Alonso, Individual/Trustee
US 441
Statutory Quitclaim Deed
Marshall and Betty Gaard
Fonseca Lane Road
Marshall and Betty Gaard
Jewell Drive Road
Temporary Non-Exclusive Easement Deed
Clarence and Betty Howard
Lake Shore Drive (3-5154)
Accounts Allowed/Contracts, Leases and Agreements/Deeds/Public Works
Roads-County and State/Road Projects/State Agencies
Request from Public Works for approval of the following:
Execution of Developer's Agreement, pertaining to the Citrus Tower Boulevard Project between Lake County; Florida Executive Center; Owners Hessburg, Topino, Usamini, Our Fathers Properties, Florida Choice Bank, RIOT, Inc., and RHOT, Inc., in the amount of $46,623.00, in conjunction with the Hook Street, Phase 2 Roadway Project.
Accept a Quitclaim Deed from FDOT, for a water retention area for the Citrus Tower Boulevard Road Project, in conjunction with the Hook Street Road Project.
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Road Projects
Request from Public Works for approval of the following:
Execution of a Developer's Agreement between Lake County and Christian Retirement of Mt. Dora, Inc., in the amount of $97,500.00, for a water retention area, in conjunction with the Huffstetler Drive - Phase II Project.
Execution of an Agreement between Lake County and Florida Central Railroad, in the amount of $357,000.00, pertaining to the opening of the Huffstetler Drive railroad-highway grade crossing.
Contracts, Leases and Agreements/Public Works/Road Projects
Request from Public Works for approval of the License Agreement between Florida Central Railroad Company, Inc. and Lake County, for the permit for the Old 441 Stormwater Outfall Project.
Public Works/Resolutions/Rights-of-Way, Roads and Easements/Road Vacations
Request from Public Works for approval of Resolution No. 2002-38, advertising Vacation Petition No. 981, by Bruce Lybrand, representative Bruce Duncan, to vacate a right-of-way in the Plat of Lake Jem Villa Properties, in Section 13, Township 20, Range 26, in the Lake Jem area - Commission District 3.
Public Works/Resolutions/Road Vacations/Subdivisions
Request from Public Works for approval of Resolution No. 2002-39, advertising Vacation Petition No. 982, by Nancy and Pinkney Clements, to vacate a road in Sparky's Camp Subdivision, Lot 21, Block B, in Section 22, Township 21, Range 24, in the Mascotte area - Commission District 3.
Contracts, Leases and Agreements/Grants/Public Works
Request from Public Works for approval and signature on the Second Amendment to the Infrastructure Sales Tax Funds Grant Agreement with the Lake County Soccer League, for an extension to September 30, 2002.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Economic Development and Tourism
Request from Economic Development and Tourism for approval of sale price of $27,500.00 for Lots 6 and 7, Sunset Addition to Fruitland Park; pay associated costs; authorize County Attorney to negotiate previous taxes and Trustee fees paid; and close on property.
PRESENTATIONS
Commr. Stivender recognized individuals and presented Certificates and Plaques, with
regard to the Lake County Day event, as follows:
LAKE COUNTY DAY COMMITTEE - 2002 - RECOGNITION
Ms. Wendy Taylor, Executive Office Manager, BCC Office
Ms. Margo Odom, Sprint (Not Present)
Ms. Sharron Semento, Eustis Chamber of Commerce
Mr. Bill Deese, Chairman, Leesburg Chamber of Commerce
Ms. Jennifer Phillips, Leesburg Chamber of Commerce
Captain Chris Daniels, Lake County Sheriff's Office
LAKE COUNTY DAY - 2002 - SPECIAL RECOGNITION/PLAQUE
Sheriff George E. Knupp, Jr.
LAKE COUNTY DAY - 2002 - CERTIFICATES
Ms. Treeva Wall, Public Works Department
Ms. Jacqueline Droz, Public Works Department
Mr. Bill Deese, Chairman, Leesburg Chamber of Commerce
Mr. Steve Richey, Attorney
Captain Chris Daniels, Lake County Sheriff's Office
Major Gary Borders, Lake County Sheriff's Office
Major Claude Gnann, Lake County Sheriff's Office
Captain Mark Palmer, Lake County Sheriff's Office
Ms. Patti Michael, Community Outreach Coordinator, Lake County
Ms. Wendy Taylor, Executive Office Manager, BCC Office
INTRODUCTION
Mr. Bill Neron, County Manager, introduced the County's new Human Resources Director, Mr. Michael Milanowski, stating that he came from Charlotte County, where he was the Human Resources Director for approximately seven years. He then gave a brief background history of Mr. Milanowski, noting that he has been involved with Human Resources for many years. He stated that he was the last individual to be hired to round out his management team and was very pleased to have him on board. He thanked Ms. Helena Osborne-Ponsi, who has been serving as the Interim Director for Human Resources, for a job well done.
PRESENTATION
The Chairman presented the following plaque and thanked Mr. Thurman for his many
years of volunteer service to the County:
PLAQUE FOR YEARS OF FIRE SERVICE
Mr. William "Buddy" Thurman, Volunteer Firefighter from Paisley, Station 21 - retiring after 16 years of volunteer fire service to the County.
PRESENTATION
SEMI-ANNUAL REPORT ON PROGRESS OF SENIOR SERVICES IN LAKE
COUNTY
Mr. Michael Georgini, Executive Director, Mid-Florida Community Services, presented the Semi-Annual Report on the Progress of Senior Services in Lake County. He stated that he and his team were present to update the Board on the County's senior services, with regard to what they are doing and where they are hoping to go in the future. He stated that he appreciated all the support the Board gives them in their efforts, noting that they would not be able to do it without the County's help and support.
Mr. George Popovich, Senior Services Director, Mid-Florida Community Services, and Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, gave a power point presentation to the Board, at which time Mr. Popovich informed them that they had been given a presentation last year and that he would like to provide them with a report on a semi-annual basis. He stated that they had been provided with a packet of information, in which all the programs and services that they provide had been broken down, including all the services that they provide in Lake County, which he reviewed, in detail. He then answered questions from the Board regarding same.
Commr. Hanson suggested that a survey be done, countywide, in order to pinpoint what and where the needs are. She stated that she had discussed the matter with the County Manager and was aware of the fact that partial studies have been done in the past, but exactly where the needs are and what they are have not been truly identified.
Mr. Popovich stated that, to target those areas, would help them immensely and, if there was any way they could help to expedite it, they would be glad to do so. He noted that he would need to check with the Department of Welfare, to see what planning grants might be available.
Commr. Hanson stated that she appreciated reports, such as the one being given this date, because it gives the Board a better understanding of what is being provided in the community.
Mr. Georgini extended an invitation to the commissioners to go on a meal route, or to volunteer for a day, noting that it would really make a difference. He stated that they appreciate any help the Board gives them.
Commr. Stivender requested the County Manager to bring back to the Board, at their next meeting, a game plan for funding for the Transportation Disadvantaged Program.
Mr. Bill Neron, County Manager, informed the Board that staff was aware of a funding shortfall, in that funds are being expended at a greater rate than what was originally anticipated, and that he has been working with Mr. Fletcher Smith, Senior Director, Community Services, with regard to the matter. He stated that he would try to bring some information back to the Board at their next meeting, however, noted that staff may need two weeks to pull it all together and come up with a game plan. He stated that there are some potential revenue sources that he feels the County can tap into; however, rather than piecemeal the issue, he would like to come back to the Board with a game plan, but staff may need two weeks to do it.
PUBLIC HEARING
ORDINANCE AMENDING CHAPTER 6, BUILDINGS AND CONSTRUCTION, CONCERNING IRRIGATION/SPRINKLER CONTRACTOR LICENSING REQUIREMENTS
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:
ORDINANCE REGARDING AMENDMENTS TO THE LAKE COUNTY CODE ("CODE") CHAPTER 6, BUILDINGS AND CONSTRUCTION, ARTICLE IV; PROVIDING FOR AMENDMENTS TO CHAPTER 6 OF THE LAKE COUNTY CODE, IN ORDER TO PROVIDE CONSISTENCY WITH FLORIDA STATUTES, TO ENFORCE THE FLORIDA BUILDING CODE, PROVIDING FOR IRRIGATION/SPRINKLER LICENSE CLASSIFICATION; AMENDING CODE SECTION 6-95, CLASSIFICATION, EXAMINATION, ETC.; AMENDING CODE SECTION 6-108, DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that staff had obtained permission to advertise the Ordinance a few weeks ago and had addressed some concerns they had at that time. She stated that she did not have anything further to add.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2002-19 - Amending Chapter 6, Buildings and Construction, Concerning Irrigation/Sprinkler Contractor Licensing Requirements, as presented.
PUBLIC HEARINGS
LAND USE PLAN AMENDMENT TRANSMITTAL HEARINGS
LAND PLAN AMENDMENT NO. 02/3/1-2,HAROLD WARD, III, CENTER LAKE PROPERTIES, CECELIA BONIFAY, AS&E, P.A.,TRACKING NO. 22-01-LPA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that there was one change to the Rezoning Agenda, noting that staff received a request for postponement until the next transmittal cycle for Land Plan Amendment No. 02/3/1-2,Harold Ward, III, Center Lake Properties, Cecelia Bonifay, AS&E, P.A.,Tracking No. 22-01-LPA.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, representing the applicant, addressed the Board stating that, based on comments and suggestions from both the Board and the Town of Montverde, the applicant decided to request a postponement of the transmittal, at this time. She stated that, according to staff, it will be the first of July before the next transmittal cycle will be started; therefore, it will be some time from July through the end of the year before a request for transmittal of this Land Plan Amendment will be coming back before the Board.
Reverend Milan Weerts, Executive Director of the Woodlands Lutheran Camp, addressed the Board stating that the Woodlands Lutheran Camp is located adjacent to the property in question; however, they did not receive an official notification of this hearing and he wanted to make sure that they would receive future notifications.
Ms. Farrell stated that the Code only requires a courtesy notification for Land Plan Amendments.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to postpone the transmittal of Land Plan Amendment No. 02/3/1-2,Harold Ward, III, Center Lake Properties, Cecelia Bonifay, Akerman, Senterfitt & Eidson, P.A.,Tracking No. 22-01-LPA.,until the next transmittal cycle.
LAND PLAN AMENDMENT NO. 01/9/2-2, CENTER LAKE PROPERTIES, INC. CECELIA BONIFAY, AS&E, P.A., TRACKING NO. 122-01-LPA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it involves a 450 acre parcel located near Hartwood Marsh Road and Hancock Road, in the Clermont area. She stated that the current land use designation is Rural and noted that all the surrounding future land use designations are Rural, as well. She stated that staff went through the Comprehensive Plan, in reviewing this request for potential transmittal, and could not find a way to support the request, for a number of reasons, which she noted were outlined in the Staff Report. She referred to Page 4 of the Ordinance, under "Ripeness of the Amendment", noting that staff has some concerns for the demonstrated need. She stated that the existing Land Use Map and EAR (Evaluation and Appraisal Report) shows that the County has enough Urban and Urban Expansion to last for quite some time. She stated that staff is in the process of finishing up the parcel and zoning layers, so that they can give the Board a better grip on developable parcels in the County, and one of the biggest concerns they have, with regard to the Department of Community Affairs, is that the County has not demonstrated a need for more lands to convert to residential or semi-urban use.
Ms. Farrell stated that the Board had contained in their backup material some concerns that staff has about urban sprawl, with regard to the functional and approximate relationship of the property and how it projects into the urban area; incompatibility with some of the five acre and two acre tracts in the area; the non-commitment, at this point in time, of urban services; and the inadequate transportation network, as it exists today. She stated that the Planning and Zoning Commission approved the request, by a 9-1 vote, and there was one letter of opposition on file. She stated that, based on the application and the current allocation of lands in the Urban and Urban Expansion land uses, staff could not support any request for additional acreage going into Urban Expansion from the Rural land use. She submitted, for the record, a handout (County Exhibit A), containing a letter from Mr. Donald Turpin, Assistant Superintendent, Business and Support Services, Lake County Schools, and charts indicating the impact that he feels the proposed development will have on schools within the area in question.
The Board questioned Ms. Farrell about the aerial contained in their backup material, noting that it did not depict what is on the ground today.
Mr. Bill Neron, County Manager, interjected that the County has a contract to update the aerials and that he feels new ones should be available by the end of the year. He stated that, with GIS coming on board, it should help the County have more updated information in the future.
The Chairman opened the public hearing.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, addressed the Board stating that she was representing the applicant, Center Lake Properties, Ltd. She stated that she would be representing two parcels, which have been separated and which have separate ordinances, even though they are owned by the same corporation. She stated that a lot of the discussion this date would apply to both parcels, in terms of proximity, access, schools, commercial activities in the area, employment, transportation, etc. She stated that staff indicated in their Staff Report that this request was part of the expansion of the Tarmac Mine that the Board approved in 2001, however, noted that that was incorrect. She stated that the request is to take a 450 acre parcel and a 160 acre parcel out from under the Mining Site Plan, noting that the applicant will enter into a Developer's Agreement with the County, which will provide for the reclamation, spell out zoning densities, etc., being projected at this point in time, however, noted that it could be amended later, once there is a more finite plan. She stated that, by doing that and putting it under a Comprehensive Plan Amendment, they have accelerated the reclamation process. She stated that, since the mine came in over a period of years, there are certain portions that were done originally that might have little or no reclamation and others might be part of today's reclamation standards. She stated that the 160 acres, which is the subject of the next amendment, will not be reclaimed, because it has never been mined.
Ms. Bonifay stated that she found the Staff Report to be somewhat inconsistent, which she elaborated on, noting inconsistencies that she felt existed, with regard to the growth pattern in the area and the overall transportation network. She submitted, for the record, the following exhibits, which she reviewed with the Board: An aerial (Applicant's Exhibit A), indicating existing development in the area in question; a Plot Plan (Applicant's Exhibit B) of the property in question; a Mine Plan (Applicant's Exhibit C) of the property in question; a copy of an email (Applicant's Exhibit D) from Mr. Fred Schneider, Engineer, Public Works, to Ms. Kathy Allison, Paralegal, Akerman, Senterfitt & Eidson, with regard to the status of the four-laning and other improvements to Hartwood Marsh Road; a map (Applicant's Exhibit E) indicating the west boundary of Section 24, Township 19 South, Range 28 East to the Orange County Line, with regard to Hartwood Marsh Road; a Recommended Phasing Plan Map (Applicant's Exhibit F) from Orange County, indicating roadway improvements for the area in question; a handout (Applicant's Exhibit G) indicating Student Spaces and Enrollment for various schools in the south Lake County area; a map (Applicant's Exhibit H) from the Turnpike Authority, depicting various corridors in the area in question such as the Northern Corridor, the SR 50 Corridor, the Hartwood Marsh Corridor, and the Southern Corridor, noting that they are looking at the Hartwood Marsh Corridor to serve as one of the east/west connectors, in conjunction with the Expressway Authority; a letter (Applicant's Exhibit I) from Lake Groves Utilities, Inc., dated March 1, 2002, to Ms. Kathy Allison, Paralegal, Akerman, Senterfitt & Eidson, with regard to the availability of central water and sewer to the proposed Center Lake Properties development; a letter (Applicant's Exhibit J) from the City of Clermont, dated March 1, 2002, to Ms. Sharon Farrell, Director of Planning, Lake County Department of Growth Management, from Mr. Barry Brown, Director of Planning, City of Clermont, indicating that the City will have the capacity and the ability to serve the proposed project with water supply and sewer collection.
Ms. Bonifay stated that, as to the amount of urban expansion, she would be happy to meet with the staff at the Department of Community Affairs. She stated that she felt there was a lot on the books that is in the wrong place and is not being utilized properly. She stated that the applicant was asking for Urban Expansion, because there is no interim land use category. She stated that having a land use designation does not entitle one to the maximum density that is allowed, based on other factors, such as location, compatibility, capacity, etc. She discussed the framework that will be used, with regard to the Developer's Agreement, noting that she saw the project developing in 50 to 100 acre phases, over a time span of 4 to 8 years, with the initial phase being started right away.
Ms. Nancy Fullerton, a resident of south Lake County and President of the Alliance to Protect Water Resources, Inc., addressed the Board, in opposition to this request, at which time she distributed a copy of a letter (Opposition's Exhibit A) that she had written to the Board, dated March 11, 2002, in which she addresses concerns that the Alliance to Protect Water Resources, Inc. has regarding LPA No. 01/9/2-2 and LPA No. 02/3/2-2 and urges the Board to deny said requests. She also distributed a chart (Opposition's Exhibit B) containing school enrollment figures as of March 14, 2002, prepared by Ms. Rhoda Apfelbeck, for the Board's perusal. She stated that the Alliance to Protect Water Resources is opposed to land use changes that would allow for a potential increase in density that could add to the cumulative effects of increased pumping from the Floridan aquifer and endanger the high recharge function of the Lake Wales ridge. She stated that they adamantly oppose the extending of a finger of urban expansion into a rural area, noting that it is sprawl, not orderly growth. She stated that they fear it will set a precedent that will be very hard to reverse and very hard to control. She stated that another concern they have is that urban growth boundaries still need to be set in this area. She stated that development going out Hartwood Marsh Road to the County line is rural and could sit quite well at staying rural. She stated that there is no need to extend the urban expansion designation into rural lands and, as far as water is concerned, she hoped the County would learn from the water growth lessons taught by south Florida and the Tampa/St. Petersburg area, who have been involved in very costly methods of development, in terms of money and water resource laws.
Ms. Fullerton stated that the Board recently agreed to the need for a workshop on growth and development policies and options and she feels that said workshop should still be held, especially before the serious land use amendments before the Board this date are changed, noting that they will change the whole future of south Lake County. She requested that the Board move forward on pro-active growth development planning and, if land use amendments are needed, let them be motivated by the County's own study and evaluation of what is in the best interest of all the residents of Lake County and the best interest of the County's water and land resources. She urged the Board to deny this very serious extension of Urban Expansion into Rural land, noting that, if it happens, it is just allowing development to continue in the same patterns that have helped create the damaging cumulative effects of growth on the schools, the roads, and the water resources that residents of the County face today and others must live with tomorrow. She stated that Lake County has used the slogan "On the Countryside of Orlando" for some time, but, if the Board follows the plan set forth by the applicant, there will not be any countryside that Orlando can refer to, it will have all been destroyed.
Ms. Treena Rather, a resident of Leesburg, addressed the Board, in opposition to this request, stating that she and her husband retired in Lake County from Homestead, Florida, and she is seeing the same thing happen in Lake County that happened in Homestead, which is the overuse of land, condensed housing, etc. She stated that she would like to know what the capacity of the schools are at the present time and what the school system plans to do about it. She stated that she was an educator and teacher for almost 30 years, therefore, knows that innovative ways to deal with school overcrowding or school usage is not always the greatest, noting that she has seen teachers in closets, hallways, etc. She stated that she was also concerned about the size of the proposed development.
Mr. Ed Gonzalez, a resident of Lake County, addressed the Board and questioned how long it had been since the commissioners had taken the time to drive around the County and see what is going on. He stated that he is not opposed to growth, however, feels that rural lands need to be preserved. He stated that the County cannot change a zoning designation, without knowing what the plan for the area is, noting that it is inviting disaster. He stated that he was opposed to the request.
Mr. Glenn Burns, a resident of Montverde, addressed the Board stating that he felt the school system in south Lake County was like a train wreck, noting various schools in the area that are overcrowded. He stated that he does not feel the County should be expanding the Urban Expansion designation, until it gets a better handle on some of the problems that exist in south Lake County.
Mr. Ron Kurtz, a resident of south Lake County, addressed the Board, in opposition to this request. He stated that it has been said that the County is operating in a shortfall and noted that, if they add more growth, it is going to continue its shortfall, because it is only collecting thirty cents on the dollar, with its current impact fee structure. He stated that, when the County only charges thirty cents on the dollar, it makes the builders happy, because it allows them to make more profit on the houses they build, but, in the meantime, the residents deal with road congestion, school problems, etc. He stated that, if the County would follow the rules about concurrency, it would not have a lot of the problems that it currently has. He suggested that the County straighten out its problems, put the impact fees where they need to be, put the tax base where it needs to be, and get the community where it needs to be, before adding to the mess.
Ms. Pat Congdon, a resident of Lake County, addressed the Board and submitted, for the record, an ad (Opposition's Exhibit C) advertising the fact that Lake County is "On the Countryside of Orlando". She stated that people are confused as to whether Lake County is the countryside of Orlando, or whether it is trying to manage growth.
Ms. Bonifay, Attorney, representing the applicant, readdressed the Board and submitted, for the record, a chart (Applicant's Exhibit K), which she noted was prepared based on information that Ms. Melinda Corbett, a secretary in her office, obtained from the Lake County School Board's Facilities Management Office. She stated that, when South Lake High School became overcrowded, Clermont Middle School was changed to the South Lake Ninth Grade Center, which she noted is going to close in August, when the new East Ridge High School (currently known as Triple A High School) opens and has room for the ninth graders, at which time the old facility will then again become Clermont Middle School. She reviewed the figures contained in the chart, at which time she submitted, for the record, an Affidavit of Melinda Corbett (Applicant's Exhibit L), the secretary she alluded to earlier, stating whom she had obtained the information from at the School Board and what the conversation entailed. She noted that the School Board did not have enrollment figures; therefore, Ms. Corbett contacted each school individually to obtain said figures.
It was noted that the chart Ms. Bonifay submitted, for the record, contained different figures than the chart that was submitted by staff, as County Exhibit A, under a cover letter from Mr. Donald Turpin, Assistant Superintendent, Business and Support Services, Lake County Schools, to Mr. Max Forgey, Director, Planning and Development Services, noting the tremendous impact that the growth in Lake County is having on the school system's efforts to house students, and the figures submitted by Ms. Fullerton were even different than the School Board's figures and Ms. Bonifay's figures.
Ms. Bonifay stated that Mr. Turpin did not have the right number of units and that he did not break his figures down by school. She stated that, in many cases, Mr. Turpin's numbers show less capacity and less enrollment and, in other cases, they show more.
Commr. Hill stated that the school system cannot build another school until they are bursting at the seams, because they cannot get a certificate of need until that happens, which makes it difficult for the County to plan for the future with the school system. She stated that it is difficult for both sides.
Mr. Bill Neron, County Manager, informed the Board that staff has had some discussion with Mr. Turpin regarding a school planner and that he hopes to have said person on board by July 1, 2002, if not earlier.
Ms. Bonifay stated that her client is not saying they are promoting further development in the area in question, they are saying they would like to engage in some planning and stand ready, willing, and able to do so. She stated that the site is not a pristine piece of rural ground, it is a sand mine site and has been for 30 years. She stated that it will be reclaimed, however, noted that all that entails is grading, evening it out, putting in some ground cover, planting some trees, and getting it ready for development. She stated that the site is within the City of Clermont's district, with regard to utilities, and the County is planning for the roadways today, so there will not be a problem with concurrency, therefore, requested the Board to approve the proposed project and transmit the Land Use Plan Amendment to the Department of Community Affairs.
Commr. Pool informed those present that the mine's maximum allowable withdrawal from the Floridan aquifer is up to 7 million gallons of water per day, however, noted that the County has mandated that they connect to Conserve II in the very near future, so they will be using reused water, rather than pumping from the aquifer. He questioned whether the County had money available in the south Lake County district to pay for the road improvements alluded to earlier.
Mr. Fred Schneider, Engineering Director, Public Works, addressed the Board stating that the County has had a significant amount of dollars come in during the past couple of years from impact fees, at which time he noted that the County has talked to the City of Clermont about bringing Hook Street east to Hancock Road and then possibly over to Hartle Road and to realign CR 455, which goes to the Hartwood Marsh corridor.
Commr. Pool stated that it is currently an 11 minute trip along the Hartwood Marsh corridor, from Hwy. 27 to the 535/429 interchange, with the curves. He stated that, with the curves taken out, it will be a quicker trip; therefore, the interchange of 535/429 and Hwy. 27 will be a major east/west corridor, along with the Hook Street corridor. He stated that this is the opportunity to plan for what is going to take place in that area, noting that, if the County ignores it, it will have bigger problems, more concerns, and less planning. He stated that he is proud of what the Public Works Department is trying to do.
Commr. Stivender interjected that the County will end up spending more money, if it has to go in after the fact and put the roads in.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Pool stated that not everyone understands what is taking place in and around south Lake County. He stated that there are many opportunities and the key is to prudently plan for the future - for transportation, education, and recreation. He stated that things are going to happen in that area, whether the County cares about it or not, and he thinks the prudent thing is what the Board is doing today and he is proud of what he sees, as a road map for the future. He stated that he felt the Board should send the LPA before them to the Department of Community Affairs.
Commr. Cadwell stated that he voted against expansion of the mine site, when the request came before the Board, because he felt it was inconsistent with the residential development in the area; therefore, for him to say that the 450 acres should not be residential would be contradictory to his earlier feelings. He stated that he planned to support the request, because of the development patterns in the area.
Commr. Hanson stated that she feels this Board has been very consistent over the years, with regard to its approval of land use plan amendments. She stated that she asked Ms. Farrell, Senior Director, Growth Management, to put together a summary of those LPAs that the Board has approved, which has only been three or four since 1994, so she feels they can be proud, in spite of the fact that the public does not have a good understanding of how closely the Board has adhered to the County's Comprehensive Plan and its land use plan, which is the plan that put the teeth into the Comprehensive Plan. She stated that it was not there prior to 1992, so the County has not amended its Comprehensive Plan, nor changed it, the County has lived with the densities that were in place. She stated that she was not prepared to approve the LPA before them, because she feels that, if they approve it, they will be opening the door for other land use plan amendments throughout the County. She stated that she feels the County needs to move forward as quickly as possible on the joint planning areas, noting that she feels the County is recognizing that they will have to be city specific - no one size is going to fit all. She stated that she would be voting against this request and would prefer, if it fails, to have it be denied without prejudice. She stated that she felt a better plan could be developed, if there was more time. She stated that there is no transition between Urban and Rural and she feels there needs to be. She stated that the issue of transportation is very important, as well, noting that, if the County looked at planning from a different perspective, it could take advantage of the transportation network and the developer could get what he needs to get. She stated that, at the present time, the applicant has no alternative but to go with an Urban Expansion designation, however, feels that in three months time the County could have an alternative that would provide a better plan for the south Lake County area, taking advantage of the transportation needs and working with the developer and the community members to create conservation areas that could be interconnecting with the parks and conservation areas in the County.
Commr. Stivender stated that she understood where Commr. Hanson was coming from and agreed with some of the things she said, however, noted that the request before them this date was just a request for transmittal of the land use plan amendment, which gives the applicant time to work on the issues that were addressed and may even give them time to be annexed into the City of Clermont. She stated that the development pattern is consistent, as alluded to by Commr. Cadwell; therefore, she did not see a problem with transmitting the amendment to DCA.
Commr. Hill stated that she felt the LPA should be transmitted to DCA, however, noted that she wanted to see what the St. Johns River Water Management District has to say about the water availability.
A motion was made by Commr. Cadwell and seconded by Commr. Stivender to approve the transmittal of Land Plan Amendment No. 01/9/2-2,Center Lake Properties, Inc.,James Caruso, Cecelia Bonifay, Akerman, Senterfitt & Eidson, P.A.,Tracking No. 122-01-LPA, a map amendment to change the future land use designation from Rural to Urban Expansion, to the Department of Community Affairs, as presented.
Under discussion, Commr. Hanson stated that she could see the western part of the parcel being Urban Expansion, however, noted that the eastern part of the property would be better suited, at this point in time, for Rural.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Hanson voted "No".
RECESS AND REASSEMBLY
At 11:15 a.m., the Chairman announced that the Board would recess until 11:30 a.m.
LAND PLAN AMENDMENT NO. 02/3/2-2 - CENTER LAKE PROPERTIES, INC. - CECELIA BONIFAY, AS& E, P.A. - TRACKING NO. 23-02-LPA
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing the applicant,
addressed the Board and asked that the record reflect that all the same backup and arguments that she made for the previous case be the same for this case, as well, noting that the two parcels are separated by the mine in the middle of the property, thus, her reason for submitting them as two separate applications, at staff's request. She submitted, for the record, a handout (Applicant's Exhibit A) containing all the exhibits she had presented for the previous case.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that the Planning and Zoning Commission's vote was for approval, by a 9-1 vote. She clarified the fact that on the overall allocation the Suburban was not counted at three units per acre, it was counted at one unit per five acres. She stated that staff had the same concerns about this request as they had for the previous request, being the demonstrated need and the urban sprawl, which she noted are going to have to be addressed, if the future zoning for the area is going to be Urban Expansion. She stated that, if it is going to be Urban Expansion, staff may need to look in other parts of the County and down zone from Urban Expansion to Rural.
Ms. Treena Rather, a resident of Leesburg, addressed the Board, in opposition to the request, stating that Commr. Pool had mentioned the possibility of the site using reclaimed water from Orange County, however, noted that she had attended a Conserve II meeting that Mr. Alan Oyler, Bureau Chief of Wastewater, Engineering, and Support, City of Orlando, had given approximately three weeks ago and got a strong indication that there would not be much reclaimed water for Conserve II to sell or give to Lake County. She noted a concern she has about the quality of the water in the County's lake, streams, and rivers, as well.
Commr. Pool interjected that Conserve II currently deposits somewhere between 15 and 25 million gallons of reclaimed water into Lake County per day.
Ms. Nancy Fullerton, President, Alliance to Protect Water Resources, Inc., addressed the Board stating that, when the Board discusses school capacity and enrollment, it sounds like they are discussing it in terms of this specific project and the impacts involved with it, however, noted that there is still so much growth underway or on the books, which has to be considered, as well as the assessment of whether there is capacity in the schools.
Mr. Ron Kurtz, a resident of Clermont, addressed the Board and questioned where all the money is going to come from to improve the roads in the area in question.
Mr. Fred Schneider, Engineering Director, Public Works, addressed the Board stating that there is available cash in the benefit district to improve the roads, however, noted that, with the number of road projects that are scheduled for the area, they have to be prioritized, as far as the need and when they need to come in. He stated that staff is working with some developers who are providing rights-of-way, stormwater ponds, etc., and the County is providing impact fee credits and cash for some of the remainder of the projects. He stated that some of the roads will be built as credits to the developers. He stated that the County is planning ahead, as development comes in. He stated that the County has requested some enhancement dollars from FDOT, as well as some cost sharing in some of the PD&E studies and rights-of-way acquisitions, and will continue to do so. He stated that, based on background traffic and trends analysis, Hartwood Marsh Road is not something the County needs to four-lane within the next one to two years. He stated that the County is embarking on a PD&E study, to move forward with it, however, noted that it may be 7 or 8 years down the road before it is completed. He stated that the County wants to realign the road, to help make it safer, and plan for future traffic projections, regardless of growth trends in the area.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Ms. Bonifay, Attorney, representing the applicant, readdressed the Board and asked that they transmit the LPA before them to the Department of Community Affairs.
Commr. Hanson questioned whether there would be a problem with turning the property into an employment center, as an expansion of what is to the west of it, noting that she felt the County should be looking at other opportunities besides residential. She stated that it might be a great place for another commerce park for the County. She stated that her comments were the same as for the previous application.
Commr. Pool stated that he felt the Board should transmit the LPA to the Department of Community Affairs for their remarks.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried, by a 4-1 vote, the Board approved the transmittal of Land Plan Amendment No. 02/3/2-2,Center Lake Properties, Ltd., James Caruso, Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, Tracking No. 23-02-LPA, a request for an amendment to the Future Land Use Map, to change the future land use designation from Rural to Urban Expansion, to the Department of Community Affairs, as presented.
Commr. Hanson voted "No".
LAND PLAN AMENDMENT NO. 01/9/6-2 - GOLDEN FLEECE GROVES, INC., LAND OF GROWTH INVESTMENT CORPORATION AND CHARLES HWANG, STEVEN J. RICHEY, ESQUIRE, TRACKING NO. 125-01-LPA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it went before the Planning and Zoning Commission several months ago and was repackaged. She stated that staff started with a denial, however, noted that the applicant repackaged the request, from suggestions by staff and the Department of Community Affairs to come back with not only a text amendment to create a new office employment center, but to come back with a mixed use at the Turnpike intersection. She stated that the County has policies that support coming in with office use at said intersection and the County has asked the applicant to add a housing element and some other elements to create a mixed use at the intersection. She stated that staff could support the request, noting that it is currently Suburban and consists of approximately 285 acres. She stated that the applicant plans to come in later with an office PUD, a text amendment, and a zoning amendment, to create a category for an office employment center. She stated that the request is consistent with the mixed use component and there are several policies that support it, as well. She stated that it will be a Class A quality office park, which will be the County's first. She stated that the County has office space, but not office commerce parks.
Commr. Hanson questioned whether there was an incentive for affordable housing at the intersection in question, to which Ms. Farrell stated that there was not, at the present time, however, noted that staff hopes to work closely with the applicant and get smart growth and good planning at the intersection.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that the applicant proposes to build a commerce park, which meets the needs that were addressed by Commr. Hanson earlier. He stated that it is a mixed use proposal, noting that the office complexes will be built first and then the ancillary commercial will be built. He stated that the applicant has already met with DCA and their intention is to provide some conditions and wording that will be put in the Comprehensive Plan that will allow them to create an office commerce employment center only for the uses that were discussed this date. He stated that that was the condition the Planning and Zoning Commission sent to the Board and the condition that was put in the application. He requested the Board to transmit the land plan amendment to DCA, in order for the applicant to bring the issue to fruition. He stated that the project will be served by central water and sewer from the City of Leesburg and will be internalized, in the sense that the preliminary plan does not call for curb cuts going out on Hwy. 27, but will have an internal road system. He stated that there is a need for office space in Lake County, noting that the applicants live in Clermont and bought the property in question with the anticipation of moving their organization to Lake County from Orlando and this is the first step towards doing that.
Mr. Bill Neron, County Manager, stated that staff strongly supports the request as part of what the County wants to do, with regard to its economic development program to attract high paying jobs to Lake County, so that people will not have to travel to other counties to go to work.
Commr. Hanson questioned whether the applicant saw the need for a small businessman's hotel.
Mr. Richey stated that the applicant is going to try to locate a Courtyard by Marriott hotel at the site, for overnight lodging for business people, which he noted will be part of what will be presented to the Board, when the commercial element of the request is presented to them for approval.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
A motion was made by Commr. Stivender to approve transmittal of Land Plan Amendment No. 01/9/6-2, Golden Fleece, Charles Hwang, Steven J. Richey, P.A.,Tracking No. 125-01-LPA, a request for a map amendment to change the Future Land Use Map designation from Suburban, with a Neighborhood Activity Center designation, to an Office Employment Center, a mixed use development, including residential dwelling units, and to transmit the amendment to the Florida Department of Community Affairs (DCA) for review, as presented.
Under discussion, Commr. Hanson stated that the County has seven LPAs before them this date, but this one is infill, which she feels makes a lot of sense at the Turnpike interchange, with the employment opportunities that it will provide for the County.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
LAND PLAN AMENDMENT NO. 01/9/1-2 - PARVIS MARK SABETI, PARADISE EIGHTY, INC., GENERAL IMPEX CORPORATION, CECELIA BONIFAY, AS&E, P.A.,TRACKING NO. 121-01-LPA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the property in question is a 76 acre parcel located in south Lake County, in the Suburban land use category, off CR 561. She stated that the Green Swamp Area of Critical State Concern is located to the south and west of the property. She stated that staff looked at the request not only from an allocation perspective, but from an urban sprawl perspective, as well, and could not support it. She stated that there is a concern about the availability of public facilities; therefore, staff wonders whether the recommendation should be that the property be on septic tanks. She stated that, as far as urban sprawl is concerned, staff does not feel that it has a relationship to some of the rural properties that surround it. She stated that staff feels it will add to the congestion and densities in the area. She stated that there is a lack of infrastructure, as well. She stated that there are 160 form letters and one petition, with 41 signatures, in opposition to the request on file and that additional letters of opposition have arrived, since the Board was given their backup material. She stated that the Planning and Zoning Commission approved the request, by a 7-0 vote, however, noted that staff was recommending denial of the request. She submitted, for the record, an aerial (County Exhibit A) of the property in question.
Mr. Eric Marks, Attorney, Akerman, Senterfitt and Edison, addressed the Board stating that he was representing the applicant, Mr. Rudolph Rode, and the property owner, Mr. Parvis Sabeti, at which time he submitted, for the record, a packet (Applicant's Exhibit A), containing a background history and information about the case; a report from James F. Dewey, Ph.D, Research Economist, Policy Studies Program, Bureau of Economic and Business Research, University of Florida, and David A. Denslow, Ph.D., Professor of Economics and Program Director, Policy Studies Program, Bureau of Economic and Business Research, University of Florida; and a map of the property in question, showing the densities of surrounding properties. He stated that the property is located just north of the intersection of CR 561 and Lakeshore Drive. He stated that the requested action is to change the land use designation from Suburban to Urban Expansion. He reviewed the case history of the property, noting that an application was filed on June 29, 2001, which was approved by the Planning and Zoning Commission on September 5, 2001, and scheduled for review by the Board during the second transmittal cycle in 2001. He stated that, as a result of some of the information his office received from the property owner and comments received from speaking to some of the commissioners, the applicant felt it would be best to delay the request until this hearing. He stated that, in the meantime, they held a meeting with members of the community on March 13, 2002, and, while staff has indicated that the County received quite a few letters of opposition on this matter, noted that there were only seven people at the community meeting. He stated that he felt it was important for the Board to understand what has transpired with the property, up to this point in time, in order to understand why a comprehensive plan amendment was important.
Mr. Marks stated that Mr. Sabeti purchased the property in 1989 and, at the time, it was zoned R-6, which permitted six units per acre, and was surrounded by relatively dense development. He stated that, starting in 1991, Lake County amended its comprehensive plan, to designate the property Suburban, which seemed like an appropriate designation at the time, because it permitted three units per acre and was a good transition from the Green Swamp area, which is located adjacent to this property. He stated that the Department of Community Affairs (DCA) challenged the comprehensive plan amendments and the result was a settlement that added a timeliness criteria to the Suburban lands. He stated that, as everybody knows, it is nearly impossible to meet the timeliness standard. He stated that he felt it was important for the Board to know that the line between the Urban Expansion area and the Suburban lands was arbitrarily drawn, noting that there was no environmental basis for the difference, no distinction in the soils, and no real development intensity differences. He stated that there was no functional distinction between the quantity and density of development north of the line and south of the line. He stated that the ramifications of the timeliness requirement turned what was supposed to be transitional lands, which were going to be developed consistent with what was surrounding it, which was three dwelling units per acre, to one dwelling unit per five acres. He stated that, if the property is developed at one unit per five acres, it will create sprawl, noting that urban development surrounds it on three sides.
Mr. Marks stated that the applicant feels what he is proposing will be a model community for Lake County, at which time he displayed various pictures (Applicant's Exhibit B) of another development that the applicant developed, which is similar to what is being proposed for the development in question, as well as a Preliminary Subdivision Plan (Applicant's Exhibit C) of the proposed development. He stated that the development will consist of approximately 75 acres and is proposed to be developed at 77 units, which works out to a gross density of 1.02 dwelling unit per acre. He stated that the lot sizes are proposed to be one-half acre in size, minimum, and they intend to have deed restrictions that promote an open field to development. He stated that they anticipate the development having approximately 70% to 80% open space and they plan to prohibit fencing in front yards and will create a common area park, with lake access, for the use of the residents in the community. He stated that the development, at the proposed density, constitutes an infill project, consistent with the density that surrounds it, at which time he reviewed a map (Applicant's Exhibit D) showing the surrounding densities. He stated the applicant has been living in Lake County for approximately 18 years and has been developing homes for approximately 40 years. He stated that the proposed development will be a gated community with a minimum square footage of approximately 2,400 square feet; a starting purchase price of $250,000.00; and measures to protect the environment, such as controls on grass species and other vegetation, will be implemented by deed restrictions. He stated that the applicant plans to be a good neighbor to the adjacent Saw Mill Lake, noting that the existing developments that surround the lake, almost without fail, provide no protection for runoff into the lake and a substantial number of the property owners that surround the lake are currently pumping water for irrigation purposes, which will result in a lower level of the lake. He stated that the proposed development will be subject to the St. Johns River Water Management District (SJRWMD) regulations, which are very stringent, noting that they require berms and swales along the entire boundary of the lake, which stops the sheet flow runoff from running into the lake and captures sediments, fertilizers, etc. He stated that the development will have on-site retention for drainage and the deed restrictions will prohibit pumping surface water from the lake. He stated that there is no intention to dredge Lake Hasson a/k/a Saw Mill Lake, as rumored. He stated that all the restrictions he covered will be in the developer's agreement and will be incorporated into the deed restrictions, to ensure that they remain, when the applicant, Mr. Rode, is no longer involved with the development.
Mr. Marks stated that denial of the proposed project will result in urban sprawl, at which time he debated the findings of staff, with regard to the proposed development, being that staff feels there is an inadequate transportation network, insufficient urban services, inadequate public schools, the development is incompatible with adjacent and adjoining land uses, and approval of the request will permit construction of 304 units. He displayed a Draft Map (Applicant's Exhibit E) showing dense development all around the property in question. He stated that the proposed development fits in perfectly with what is in place, noting that the lot sizes are larger, the density is lower, and it provides a consistent amount of open space. He stated that the project will be an infill project, consistent with the other dense developments that surround it.
Mr. Marks stated that, if the proposed development is not approved, it will create urban sprawl; a potential site for mobile homes, with down zoning; eventual development by a less conscientious developer; and lost revenue to the County, at which time he referred to the report from James F. Dewey, Ph.D. and David A. Denslow, Ph.D., contained in the packet of information that he submitted earlier, for the record, noting that they concluded in Alachua County the addition of a single family residential unit more than covers its cost of infrastructure improvements by $3,114.00. He stated that the County will lose the intended transition from the Green Swamp Area of Critical State Concern to the urban lands that are already in place. He stated that the proposed development is completely compatible with surrounding land uses and it is an opportunity for the County to have a model community and avoid urban sprawl, by requiring the property to be developed at one unit per five acres. He requested the Board to transmit the LPA to the Department of Community Affairs, for review.
Ms. Nancy Fullerton, President, Alliance to Protect Water Resources, Inc., addressed the Board, in opposition to the request, stating that she was present as a property owner in the Green Swamp and as President of the Alliance to Protect Water Resources. She stated that extending the small area of Urban Expansion into the Suburban area will set a precedent for similar land use changes that could increase the density of development and, therefore, increase the severity of impact on the land and water resources. She stated that, based on state law, the availability of water should be an important consideration in growth management decisions. She stated that an effort to pass such laws have been going on in the Legislature, but they make an appeal that local government and citizens can act now and cause an effect, in correlation between development taking more water out of the aquifer and surface waters than is going back in. She stated that it is a fact that the water levels of the County's lakes, aquifers, and wetlands are declining. She stated that the water resources and related ecology are being harmed by both drought and excessive development. She stated that Saw Mill Lake, which is bordered by the subject property, is in great water level difficulty and the septic issue and cumulative effects on water quality has not been resolved in the area. She stated that the addition of 21 waterfront lots from the proposed development could result in each of those properties clearing 50 feet of shoreline, because of the allowed state exemptions. She urged the Board to deny the LPA before them, noting that the urban growth boundaries should be set here and the Comprehensive Plan should be followed, as the law, since there is no demonstrated public interest need to change it. She submitted, for the record, a letter (Opposition's Exhibit A), dated March 14, 2002, that she had written to the Board, objecting to this request and requesting that the Board deny it.
Ms. Peggy Cox, a resident of the Green Swamp, a member of RURAL (Residents United for a Rural Area Lifestyle), and President of the Orange Audubon Society, addressed the Board, in opposition to the request, stating that, in response to Mr. Marks' statement that revenue will be generated by this development, noted that, in Sunday's Lake Sentinel, several quotes were given in an article about ranch lands disappearing, by Mr. Craig Evans, of the non-profit Florida Stewardship Foundation, who stated that, in their studies, they have found that Lake County residential subdivisions cost the County $1.56 in services for every dollar paid to the County in taxes and fees, and that, in Polk County, residential subdivisions cost $1.89 in public services for every dollar paid. She stated that the Florida Stewardship Foundation deals with agricultural and conservation issues, in trying to preserve agricultural land and keep it that way. She then discussed the amount of new housing that is under construction, for multiple listing single family homes in the County, noting that the County has a tremendous inventory of housing. She discussed problems that the County is having with its chain of lakes and its lakes in general and the fact that they will be exasperated by more septic tanks, noting that, in Lake County, there were 63,656 septic tanks permitted and installed through June of 2000, which means that 50% of the County's population is using septic tanks and an estimated 8.5 million gallons of septic is discharged into the ground water supply each day. She stated that there is a concern about the septic tank problem in Lake County.
Commr. Pool interjected that the County is working on an ordinance to lower the number of septic tank systems in the County.
Mr. David Rudolph, a member of the Aurora Homes Homeowners Association, addressed the Board, in opposition to the request, stating that there are 30 homes in his development and they would be the most directly affected by the proposed development, should the request be approved. He discussed the issue of traffic, noting that, according to a report from Ms. April Hoover, District Chief, Lake County Department of Emergency Services, indicating that from January 1, 2002 to October 5, 2001, there were 364 accidents in the Clermont area. He stated that the number of accidents that occurred on CR 561 and Lakeshore Drive, in Clermont, account for 19.50% of all the accidents that occur in the Clermont area. He stated that traffic is way beyond the capacity of the roads in the area, noting that they were built and designed years ago and have not been improved upon. He submitted, for the record, said report (Opposition's Exhibit B).
Ms. Maria Cooper, representing the Aurora Homes Homeowners Association, addressed the Board, in opposition to this request, stating that the minimum size of the homes in the proposed development will be 1,500 square feet, not the 2,400 square feet that Mr. Marks indicated the homes would be. She submitted, for the record, a copy of the Preliminary Subdivision Plan for Saw Mill Landings (Opposition's Exhibit C), noting that it shows a dredging canal between Saw Mill Lake and a smaller lake shown on the plan. She stated that she was protesting the dredging of Saw Mill Lake into the non-existent lake shown on the plan. She stated that the residents of Aurora Homes Subdivision feel the only reason why the developer would be doing it would be to create more lakefront homes, thus more valuable homes, but, in return, lowering the level of Saw Mill Lake.
Mr. Steve Robertson, a resident of the area in question, addressed the Board, in opposition the request, stating that, when he purchased his home approximately nine years ago, as did his next door neighbors on either side, there was a small marsh pond located on the property in question, which he was told was a natural wetlands and that said area would not be able to be developed, which concerns him very much. He stated that the homes in his subdivision are on one-half acre lots and have been in place for eight to nine years. He stated that it is time to control some of the development in that area; therefore, he feels that, if the zoning classification calls for one dwelling unit per five acres, it should be kept at one dwelling unit per five acres.
Mr. Bruce Duncan, Attorney, Potter, Clement, Lowry, and Duncan, in Mt. Dora, representing RURAL (Residents United for a Rural Area Lifestyle) and Ms. Pam Fischer, addressed the Board stating that it has to take into consideration the fact that projects that have been approved recently in the area in question have all been in an urbanized area. He stated that his clients, as well as other residents in the area, want to protect the Suburban areas of the County, which he noted the Comprehensive Plan and the FLUM (Future Land Use Map) were put into place to try to do. He stated that there has been some discussion regarding timeliness, which is a tool that DCA forced the County to implement, to prevent high density development in areas that were designated as Suburban. He stated that the project in question has attempted to meet the timeliness criteria on three different occasions that is laid out in the Code, but have been unable to do so, which is why they are now coming before the Board asking them to circumvent that timeliness criteria - the restriction that is in place to protect the Suburban lands. He stated that they could not get past it that way, so they have asked the Board to change the FLUM and give them a density that they can meet. He stated that, with regard to the Developer's Agreement that Mr. Marks alluded to, there is nothing in place today that can assure the County that the promises and assurances that they have been given this date by the applicant will, in fact, be taking effect, noting that the applicant may not be the one that ultimately develops the property. He stated that another point was made this date that the owner of the property, Mr. Sabeti, purchased the land when it was zoned R-6, however, noted that a review of the public records indicates that that was not necessarily true, at which time he submitted, for the record, a Property Record Card (Opposition's Exhibit D) for the property showing that two parcels, valued at approximately $600,000.00, was purchased in 2001, well after the Comprehensive Plan was put into place. He stated that Mr. Sabeti purchased said property with the knowledge that it was Suburban land. He stated that, while he purchased some of the property prior to the 1993 Comprehensive Plan amendment request, some of it was bought with the speculation that he could get it amended.
Mr. Duncan discussed the issue of traffic, noting that they had Mr. Don Griffey, the County's former Engineering Director, take a look at the traffic numbers and concluded that the capacity is currently in place for this particular development, however, noted that it does not take into account what has already been approved in the area that has not yet been developed. He stated that Mr. Griffey looked at it from that point of view and determined that, if the County were to factor in what has already been approved in the area, the roads in that area of the County will soon be operating at a level below the capacities and the level of services that are permitted by the County's Comprehensive Plan.
Mr. Marks, Attorney, representing the applicant and owner of the property in question, readdressed the Board and rebutted the comments that were made against the proposed development. He stated that this request is going to come back before the Board, for adoption, at which time he noted that the Board would have an opportunity to not approve the request, unless the developer signs a Developer's Agreement. He stated that the property, if amended, as requested this date, will be developed consistent with the representations that they are making to the Board, because they will have required a Developer's Agreement and deed restrictions that run in favor of the County and of the neighbors. He stated that he failed to mention the fact that the applicant intends to install dry lines in the development, with the belief that eventually sewer services will be available to the area. He addressed concerns about the additional impact on the roads and schools in the area, noting that the proposed development will probably not be totally developed out for approximately three to seven years, with approximately 15 units being constructed and sold per year; therefore, the impact will not be immediate and not all at once. He stated that there has been some concern about the Board setting a precedent, by approving this LPA, however, noted that they would not be setting a precedent, because the property is unique, with some great natural barriers, being the Green Swamp, CR 561, and Lakeshore Drive. He stated that, with regard to some concerns that were noted about Saw Mill Lake, the proposed development is going to be a good neighbor to the lake, in fact, a better neighbor than the existing residents, which he elaborated on.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that she felt the density was appropriate, however, felt the development should have more meaningful open space. She stated that she would rather have the County look at alternatives for the Suburban land use, perhaps allowing one unit per acre, as a transition between Urban Expansion and Rural, where there is truly meaningful open space and interconnected open space, with the 70% to 80% conservation easements. She stated that she feels five acre tracts can be very nice and there is a place for many of them in the County, but she feels that the County can do something better. She stated that the County is looking at alternatives for Suburban, through the EAR process, but is not looking for an alternative that would truly provide for a transition. She stated that she would not be supporting the request, noting that the densities are in line, as a transition for Suburban, and the applicant is on the right track, but feels more needs to be done, before she could support the request, particularly in the areas of conservation, open space, and clustering.
Commr. Hill questioned whether Commr. Hanson was suggesting that the County cluster the 77 proposed units into one building, like a condominium.
Commr. Hanson stated that was not what she was suggesting, however, noted that there could be more smaller lots, such as one-quarter acre lots.
Commr. Stivender interjected that, at a previous Board Meeting, it was decided that the Board did not want to have one-quarter acre lots on septic tanks.
Commr. Pool stated that, when one looks at a clustered concept, one takes the overall development and shrinks the lot size down considerably and, instead of having a one-half acre and/or one unit per acre, one would have one-quarter acre lots or smaller on one corner of the property, putting 77 units in one area of the property, leaving the balance of the property as is and leaving a continuous green space open, which he feels would be back to the 70% to 80% green space that the applicant is proposing.
Commr. Cadwell stated that he was not in favor of having such an intense use on a parcel of property so close to the Green Swamp.
A motion was made by Commr. Cadwell and seconded by Commr. Hanson to deny the transmittal of Land Plan Amendment No. 01/9/1-2, Parvis Mark Sabeti, Paradise Eighty, Inc.,Cecelia Bonifay, AS&E, P.A., Tracking No. 121-01-LPA, a map amendment to change the current land use designation from Suburban to Urban Expansion, to the Department of Community Affairs, as presented.
Under discussion, Commr. Stivender stated that the majority of the existing lots in the proposed development are one acre or less; therefore, they are probably on septic tanks, since there is no water and sewer available at the site. She stated that it would not be a very big impact to the area and it is consistent with what is currently in place.
Commr. Hill stated that, with regard to the shoreline situation, she was aware that a lot of people use the shoreline that obviously are not abiding by shoreline guidelines, because there seems to be a lot of abuses in that area. She stated that, hopefully, with the berms and swales, the applicant would not be contributing to that. She stated that she understood Commr. Hanson's concept of clustering, however, was not sure that this was the area to do it.
Commr. Hanson stated that she meant countywide, however, noted that it would apply for the proposed development, as well, if they chose to do so.
Commr. Hill stated that there would still be the intensity of 77 units, whether they are clustered or spread out.
Commr. Cadwell stated that it could not occur, under the existing land use, because of the Suburban guidelines.
Commr. Hill stated that there is already a development on the west side of CR 561, therefore, questioned whether the County has already allowed encroachment in that area, noting that the proposed development is on the east side of CR 561.
Ms. Farrell stated that the development Commr. Hill was referring to would have been pre-Comprehensive Plan.
Commr. Hill questioned where the critical area was and where the County had drawn the line.
Ms. Farrell stated that there was a smaller aerial in the Board's backup material showing a dotted line between the transitional, urban expansion, and suburban areas, and that the transitional area was the Green Swamp on the aerial.
Commr. Pool stated that the property the School Board purchased for a future school site was located in the Green Swamp.
Ms. Farrell stated that it was her understanding that it met the County's school locational criteria.
The Chairman called for a vote on the motion for denial, which was carried, by a 3-2 vote.
Commrs. Pool and Stivender voted "No".
LAND PLAN AMENDMENT NO. 01/9/4-2 - W. T. COX, JR., TRUSTEE
STEVEN J. RICHEY, P.A., TRACKING NO. 124-01-LPA
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was postponed from September of 2001. She stated that it involves 60 acres in the Suburban land use category and is an odd piece of Suburban land that was cut out. She stated that, if the applicant is just going to utilize the uplands, which they would have to do, according to the County's Code, staff could recommend approval to make that change and most likely expand what are some residential uses in the area into that small site. She stated that staff still has to deal with the issue of over allocation, because it was a small site and is currently located in an Urban Expansion land use category. She stated that staff was recommending approval of the request.
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that the property in question is located behind the Marsh Hammock Subdivision that is already in place and is an expansion of that subdivision. He stated that a question was raised about the environmental sensitivity of the site, at which time he noted that the only endangered species that were found on the site were some gopher tortoises. He stated that no active communities of scrub jays were found, which is one of the things that was mentioned in a letter of concern that the County received. He stated that the property will be served by utilities, as the development in front of it is served by utilities, and it is sort of infill, because it is surrounded by Urban and Urban Expansion on three sides. He stated that it will be going back through a rezoning process, at which time it will be zoned agriculture and will go through a PUD process. He stated that the issue of water consumption was raised as a concern, as well, at which time he noted that the property used to be an orange grove, which used more water than will ever be used under the Comprehensive Plan designation being requested.
Commr. Pool noted, for the record, that he did not realize one of the individuals involved with this request was his stepsister's husband, therefore, would be declaring a Conflict of Interest and abstaining from the discussion and vote. He then passed the gavel to the Vice Chairman, Commr. Cadwell, who opened the public hearing.
Ms. Nancy Fullerton, President, Alliance to Protect Water Resources, addressed the Board stating that the Alliance to Protect Water Resources was requesting that the Board deny consideration of the amendment before them, until it addresses the best land use for Sections 8, 9, 10,11, 16, and 17, in relation to the proposed EAR amendments regarding the Suburban land use. She stated that the availability of water and sewer is an issue, at which time she noted that Marsh Hammock Subdivision is on septic tanks and, if septic tanks are going to go on 22 of the 60 acre sites and protrude into the sensitive area of the wetlands, they will have a concern about the accumulative effects of that. She stated that the Board has discussed the need to assess growth in the County, with strong consideration given to the identification, conservation, and preservation of sensitive lands. She stated that the request before the Board was a request for a land use change that offers no proof that such an amendment would benefit the public interest, therefore, strongly urged the Board to deny it. She submitted, for the record, a letter (Opposition's Exhibit A) that she had written to the Board, in opposition to this request, stating the reasons for said opposition.
There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.
A motion was made by Commr. Stivender and seconded by Commr. Hill to approve transmittal of Land Plan Amendment No. 01/9/4-2,W. T. Cox, Jr., Trustee, Steven J. Richey, P.A.,Tracking No. 124-01-LPA, an amendment to change the future land use designation from Suburban to Urban Expansion, to the Department of Community Affairs, as presented.
Under discussion, Commr. Hanson stated that she would prefer to wait until the Board receives some resolution on the Suburban land use, prior to supporting the request.
The Vice Chairman called for a vote on the motion, which was carried, by a 3-1 vote.
Commr. Hanson voted "No".
Commr. Pool had declared a conflict of interest and abstained from the discussion and vote.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Roy Hunter to the vacant position on the County-wide Solid Waste Study Committee, representing District 5.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COMMUNITY SERVICES/GRANTS
Mr. Bill Neron, County Manager, explained this request, stating that it was a request for approval to submit a grant application that will help the County buy capital equipment for the Transportation Disadvantaged Program.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of Resolution No. 2002-43, to submit an application for the Shirley Conroy Rural Area Capital Equipment Support Grant, in the amount of $160,000.00, which requires a $16,000.00 local match, to be funded by General Fund Contingency.
COMMISSIONERS
At this time, Commr. Cadwell left the meeting, due to another commitment.
ASSESSMENTS/PUBLIC WORKS/RESOLUTIONS/ROAD PROJECTS
Mr. Fred Schneider, Engineering Director, Public Works, addressed the Board and explained this request, stating that staff was asked to revisit the assessment for Holiday Haven II, Inc., to determine whether the property could feasibly be developed. He stated that staff determined the property is in the 100 year flood plain and not developable, therefore, would recommend that the property owners (Brocks) be exempt from the cost of the special assessment for Holiday Road and Holiday Circle and if, at some point in the future, said property owners access said roads, that they be asked to share in the cost of the special assessment.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2002-40 and Assessment Roll for Special Assessment Project No. 93 (Holiday Road and Holiday Circle).
Commr. Cadwell was not present for this portion of the meeting.
ADDENDUM NO. 1
REPORTS
COUNTY MANAGER
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
Mr. Bill Neron, County Manager, explained this request, stating that he was recommending approval of a contract with Hartman & Associates, Inc. to do a mapping study and an occasional study of all the water and sewer utilities in the County - public, private, and not-for-profit. He stated that it would be a much needed tool in the County's local planning agreement areas, as well as for some issues that staff will be bringing to the Board in the future, regarding water resources. He stated that he was informed this date that said information might already exist, which he was not aware of, therefore, noted that, if it does already exist, he would not go forward with the contract.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved a request from the County Manager for approval of a contract with Hartman & Associates, Inc., for Lake County Water Resource Game Plan preparation; and approval of a budget transfer from Contingency to Growth Management, Water Resource Management, Professional Services, in the amount of $24,000.00.
Commr. Cadwell was not present for this portion of the meeting.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, a resident of Paisley, addressed the Board and thanked them for appointing him to the County-wide Solid Waste Study Committee. He then informed them that he felt the County's Wellness Program was a very good thing, noting that, when the paramedics in Paisley are not on an emergency call, they call on people who need their blood pressure or temperature checked and they find out where some of the people who are in the very rural areas of Paisley live, so they will know where to go in an emergency. He stated that it is something good that the County does that does not cost the taxpayers a dime.
Mr. Hunter suggested that the County send videos of the Board Meetings to the various libraries in the County, so that people who are not able to attend Board Meetings can view them, to see how government operates. He stated that the videos could then be recycled, for the taping of future Board Meetings.
Mr. Bill Neron, County Manager, informed the Board that a similar request had been given to Commr. Cadwell, which he passed on to staff. He stated that staff was looking at a way to implement it.
OTHER BUSINESS (CONT'D.)
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed Ms. Candace A. Birle to the vacant Not-for-Profit position on the Transportation Disadvantaged Coordinating Board.
Commr. Cadwell was not present for this portion of the meeting.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed and reappointed individuals to vacant positions on the Lake County Bicycle/Pedestrian Advisory Committee, as follows:
Ms. Benita Martin (Appointed)
Ms. Kathleen Leo (Appointed)
Mr. Chris Bell (Reappointed)
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed individuals to vacant positions on the Historical Museum Advisory Committee, as follows:
Historical Society Member
Margaret Elmore
Historical Society Alternate Member
Mr. Howard King
Member-at-Large
Ms. Cele Heald Oldham
Commr. Cadwell was not present for this portion of the meeting.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
ACCOUNTS ALLOWED/BIDS/ECONOMIC DEVELOPMENT AND TOURISM
Mr. Sandy Minkoff, County Attorney, explained this request, stating that the County advertised Citrus Sun Club for sale and received a deposit of $5,000.00, however, had a problem getting the buyer to come to the closing table. He requested that the County Manager be given 10 days from this date to get the buyer to come to the table to close on the deal and, if he does not do so, to authorize the County Manager to keep the deposit and readvertise the property, noting that some other people have shown an interest in it.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Economic Development and Tourism for approval to declare the sale of the Citrus Sun Club to Toledano Holdings, LLC void, retain the $5,000.00 deposit, readvertise the property as surplus, and sell the property to the highest bidder over $350,000.00.
Commr. Cadwell was not present for this portion of the meeting.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/SUITS AGAINST THE COUNTY
Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was a request to waive a Code Enforcement lien of $15,464.00, for property that was not owned by Mr. Marshall Gaard during the time that it was in violation; however, Mr. Gaard now owns the property and staff is recommending that the lien be waived.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Settlement Agreement for Circuit Court Case No. 00-3165CA and Satisfaction and Release of Lien for CEB 36-00 (Lake County vs. Theodore Grabb).
Commr. Cadwell was not present for this portion of the meeting.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, explained this request, stating that the County received a request from Mr. Mike Hatfield, Attorney for the City of Umatilla, requesting that they enter into an interlocal agreement with the County, relating to the annexation of enclaves, without having to have an election or approval to do so.
A motion was made by Commr. Hanson and seconded by Commr. Stivender to approve a request from the County Attorney for approval of an Interlocal Agreement with the City of Umatilla, relating to the annexation of enclaves.
Under discussion, Commr. Hill stated that she had a problem with this request, because it gives the City the power to annex property without requiring a vote or the consent of the property owners. She stated that she feels citizens should have the opportunity to vote or give their consent and should receive notification, when their property is going to be annexed.
Commr. Hanson stated that she feels the notification should occur, as well.
Mr. Minkoff interjected that interlocal agreements do require notification.
Commr. Hanson stated that there are many areas in the County that are surrounded by cities and receiving the services of the cities, yet the County is having to provide services to them, as well.
Commr. Hill stated that that might be true; however, she does not feel limiting the property owners right to vote or give their consent is right.
Mr. Minkoff stated that, once an interlocal agreement is approved, if there is an enclave that is less than 10 acres, the City could annex it, without obtaining approval of the property owner.
Commr. Pool stated that the interlocal agreement states a municipality shall provide notice to the property owner of the enclave and hold a public hearing at the municipality.
Mr. Minkoff stated that a regular annexation can occur either by voluntary annexation, where the property owner agrees, or by a vote of the property owners in the area to be annexed. He stated that, in this case, neither of those would be required, noting that the City could take action unilaterally. He stated that the only requirement would be that they hold a public hearing and notify the property owners.
The Chairman called for a vote on the motion, which was carried, by a 3-1 vote.
Commr. Hill voted "No".
Commr. Cadwell was not present for this portion of the meeting.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/BUILDING DEPARTMENT
Mr. Sandy Minkoff, County Attorney, explained this request, stating that it involves a simple agreement with Oakmont Land Development, which nullifies an agreement that lets them have models. He stated that it clears up the title to their property and he would recommend approval of the request.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Release/Nullification of Agreement between Lake County and Oakmont Land Development, LLC, relating to the issuance of building permits while platting is in progress.
Commr. Cadwell was not present for this portion of the meeting.
REPORTS
COMMISSIONER STIVENDER - DISTRICT 3
APPOINTMENTS-RESIGNATIONS/COMMITTEES
A motion was made by Commr. Stivender and seconded by Commr. Hanson to approve a request for the removal of Mr. Fred Sommer from the Bicycle/Pedestrian Advisory Committee, as per the requirements of said committee, due to the fact that he has been unable to attend many of the meetings.
Under discussion, Commr. Pool stated that Mr. Sommer is very involved with the Triathlons that are held in south Lake County and that he cares very much about bicycling and coordination of the proper corridors, he is just a very busy individual and has been unable to attend many of the meetings. He thanked Mr. Sommer for his past service to the County and noted that a letter would be sent to him thanking him for said service.
The Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.
Commr. Cadwell was not present for this portion of the meeting.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2002-41, proclaiming April 7-13, 2002, as National County Government Week in Lake County.
Commr. Cadwell was not present for this portion of the meeting.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
RESOLUTIONS
Commr. Hanson informed the Board that she would be bringing up for discussion at the next Board Meeting a request that the County create a committee to study the issue of land acquisition, noting that she would be providing the Board with copies of some draft resolutions from other counties, for their perusal, regarding the matter.
REPORTS
COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2
MEETINGS
Commr. Pool informed the Board that the Lake Apopka Basin Plan Initiative Steering Committee Meeting was held recently, which he chaired. He stated that representatives from all the cities and municipalities in the County, excluding Clermont, and Orange County were present at said meeting, to see what is taking place in and around Lake County, regarding the east/west corridors that will connect west Orange County to south Lake County. He stated that the meeting was in cooperation with the East Central Florida Regional Planning Council (ECFRPC) and the Friends of Lake Apopka. He stated that the report was very interesting and informative and there was a lot of momentum and excitement to carry the concept forward. He applauded everyone who attended the meeting, who recognize that Lake County is serious about its trails and will take every opportunity it can to enhance them. He stated that he was going to ask that the design manual that the ECFRPC brought forward be presented to the Board, for the purpose of looking at some of the clustering concepts and at some ideas for bringing development to the area, yet keeping the green space open where the County can.
Commr. Hanson interjected that the County did not pay for the study. She stated that the ECFRPC provided it as part of the County's membership, which she felt was a nice gesture.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:00 p.m.
________________________________ ROBERT A. POOL, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
sec/3-19-2002/4-4-2002/boardmin