BCC Board Meeting Minutes

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 24, 2002

The Lake County Board of County Commissioners met in regular session on Tuesday, September 24, 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; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William (Bill) A. Neron, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner’s Office; and Judy Whaley, Deputy Clerk.

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

AGENDA UPDATE

Mr. Bill Neron, County Manager, informed the Board of County Commissioners (Board) that he would like to add Addendum No. 1, County Manager’s Consent Agenda Items A - C, and under Reports for Commr. Hanson, add discussion concerning the State Road 429 Northern Extension.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1-6, and Addendum No. 1, County Manager’s Consent Agenda Items A, B, and C, for the following requests:

Economic Development/Tourism

Request for approval of Resolution No. 2002-150 which declares surplus and donates property at 2721 Berdetta Street (Alternate Key 1229367) in Leesburg to Habitat for Humanity, Inc.

Request for approval of Resolution No. 2002-151 which declares surplus and donates property at 1607 Bentley Road (Alternate Key 1182743 and 1811651) in Leesburg to Habitat for Humanity, Inc.

Public Safety

Request for approval and execution of FY 2002/2003 Emergency Management Preparedness & Assistance Trust Fund Agreement between Lake County and the Department of Community Affairs.

Public Works

Request for approval and signature on Parking Agreement between Lake County, Florida, and First Baptist Church of Tavares in the amount of $500.00 for one year.

Request for approval and authorization to accept the final plat for Bright Oaks Subdivision and all areas dedicated to the public as shown on the Bright Oaks Subdivision plat. Subdivision consists of four lots - Commission District 1.

Request for approval and authorization to accept the final plat for Lake Louisa Highlands, Phase II; all areas dedicated to the public as shown on the Lake Louisa Highlands, Phase II plat; a Developer’s Agreement for Construction of Improvements between Lake County and ADM3 Partners, Ltd.; and a Letter of Credit for Performance in the amount of $45,250.00.

ADDENDUM NO. 1

Budget and Administration Services - Budget

Request for approval of Budget transfer - General Fund, Department of Growth Management, Water Resources Division, in the amount of $21,696.00 is requested. Transfer $21,696.00 from Reserve for Operations to Machinery & Equipment. Funds are needed to pay for vehicle received in 2001. Funds are available in Reserve for Operations.

Request for approval of Budget transfer - General Fund, Department of Growth Management, Senior Director’s Office, in the amount of $34,656.00 is requested. Transfer $34,656.00 from Reserve for Operations to Personal Services. Funds are needed for employee payout. Funds are available in Reserve for Operations.

Budget and Administrative Services - Risk Management

Request for approval to renew Special Risk Accidental Death Policy contract for FY 2002/2003 through Holstein, Church & Pickering, Inc. for Accidental Death Insurance policy affording benefits to Lake County Firefighters and Lake County Sheriff’s Office law enforcement and corrections personnel.

Request for approval to renew the contract for Third Party Administration of Property & Casualty claims for claims management services with Gallagher Bassett Services, Inc. for FY 2002/2003 including data management services, banking and loss control and execution of appropriate document approving and authorizing renewal pending County Attorney’s approval.

Request for approval to renew Property & Casualty Program Insurance through Arthur J. Gallagher and Co. for FY 2002/2003 for the Public Entity Package, Excess Workers’ Compensation, Excess Property, Boiler & Machinery, Public Official’s Liability & Employers Practices Liability, and Railroad Protective Liability Programs; add the Public Officials and Employment Practices Liability coverage to the package; and adjust the Self-Insured Retention on the Workers’ Compensation claims and the Annual Loss Fund; and approval to renew the County’s Self-Insurance programs.

Community Services

Request for approval and signature on a letter to Charles Bronson, Commissioner of Agriculture on behalf of the Florida 4-H Youth Development Camping Program recommending funding their proposal submitted through House Bill 1611 for new construction projects at each of the 4-H Residential Centers located in Florida and certifying by resolution after a public hearing that the proposed agricultural education and promotion facility (Camp Ocala 4-H Center) serves a public purpose.

Request for approval of letters to Congressional Members supporting approval of legislation to increase the Federal Medical Assistance Percentage (FMAP).

Public Works

Request for approval and authorization to accept a Letter of Credit for performance in the amount of $452,426.37 for the Mission Park, Phase 1 plat. Subdivision consists of 50 lots - Commission District 2.

PUBLIC HEARINGS

ROAD VACATIONS/RESOLUTIONS

PETITION NO. 987 - WILLIAM AND PEARL CONNORS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss Road Vacation Petition No. 987, William and Pearl Connors, to vacate an easement in the Plat of Royal Highlands in the Leesburg area. He stated that approval of this vacation will resolve an encroachment on the side easement of the property.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. No one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the request from Public Works of Petition No. 987 by William and Pearl Connors for execution of Resolution 2002-152 to vacate an easement in the Plat of Royal Highlands, Phase I, Lot 74 in Section 13, Township 21, Range 24 in the Leesburg area - Commission District 3.

PETITION NO. 988 - SHIRLEY DUNNE

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss Road Vacation Petition No. 988, Shirley Dunne, to vacate an easement in the Plat of Pennbrooke. He stated that approval of this vacation will resolve an encroachment in the side easement. He added that this approval will clear the title for title insurance.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that Mr. Steve Richey, P.A., representing the applicant, was present and no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request from Public Works of Petition No. 988 by Shirley Dunne for execution of Resolution 2002-153 to vacate an easement in the Plat of Pennbrooke Phase 1H, in Section 19, Township 19S, Range 24E in the Fruitland Park area - Commission District 1.

PETITION NO. 989 - DELL M. ELLIS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss Road Vacation Petition 989, Julie Faye Rogers Realty for Dell M. Ellis, to vacate easements located in the area south of Groveland. He stated that a letter requesting postponement had been received from Mr. Rodney Hammes of Ft. Lauderdale, Florida (Exhibit OP-1). Mr. Stivender stated that he recommends the hearing be postponed for a period of 30 days. He stated that the acreage being purchased by Mr. Hammes, south of the Ellis property, is directly affected by the relocation of the easement, and Mr. Hammes would like the opportunity to evaluate the easement.

Under discussion, Mr. Stivender stated that Mr. Hammes would still have access to his property but there is a question regarding whether or not the access would be swampy or if trees or other obstructions might exist. He stated that the applicant does not want a postponement, but would not oppose the request for postponement if it settles the issue.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. No one wished to speak in opposition to the request for postponement. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for postponement for 30 days of Petition No. 989, Julie Faye Rogers Realty for Dell M. Ellis, to vacate easements located in Section 19, Township 23S, Range 25E in the South Groveland area - Commission District 2.

PUBLIC HEARINGS

REZONINGS - LAND PLAN AMENDMENTS - CUPS

Mr. Gregg Welstead, Deputy County Manager, addressed the Board regarding a postponement and a withdrawal request from two applicants on the Rezoning Public Hearings and delay of approval of the EAR-based Amendments to the Elements of the Lake County Comprehensive Plan. He stated that he would like some discussion today on the EAR-based Amendments, but would request approval be delayed for approximately 30 days for further review.

Commr. Hanson expressed the interest of the Board in moving forward on the EAR-based amendments.

Mr. Bill Neron, County Manager, stated that some circumstances have changed since the original draft of the amendments were prepared and staff wants to be sure the amendments accurately reflect the current situation.

LAND PLAN AMENDMENT NO. LPA#02/3/1-3

HAROLD WARD, III, CENTER LAKE PROPERTIES, LTD - CECELIA BONIFAY

POSTPONEMENT REQUEST - TRACKING #22-02-LPA

Commr. Pool opened the public hearing portion of the meeting and called for public comment on a request for postponement for 90 days on Case No. LPA#02/3/1-3, Harold Ward, III, Center Lake Properties, Ltd., Cecelia Bonifay, Esq., a request for an amendment to the Future Lane Use Map. No one wished to speak in opposition to the request for postponement. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the request for a 90-day postponement on Case No. LPA#02/3/1-3, Harold Ward, III, Center Lake Properties, Ltd., Cecelia Bonifay, Esq., a request for an amendment to the Future Land Use Map to change the land use designation from Suburban to Urban Expansion and transmittal to the Florida Department of Community Affairs.

LAND PLAN AMENDMENT NO. LPA#02-9-2

ROBERT SHAKAR-GREG BELIVEAU, LPG URBAN & REGIONAL PLANNERS

WITHDRAWAL REQUEST - TRACKING #76-02-LPTA

Mr. Gregg Welstead, Deputy County Manager, addressed the Board and stated that a letter was received from the applicant’s representative, Mr. Greg Beliveau of LPG Urban & Regional Planners, Inc. (Exhibit A-1), requesting withdrawal of Case No. LPA#02-9-2, Robert Shakar, an amendment to the text of the Lake County Comprehensive Plan, Tracking #76-02-LPTA.

REZONING CASE NO. PH#39-02-5

NELSON P. SMITH, JR. AND ELLEN SMITH

R-3 AND R-6 TO A - TRACKING #06-02-Z

Mr. Jeff Richardson, Chief Planner, Planning & Development Services Division, Department of Growth Management, addressed the Board to discuss Rezoning Case No. PH #39-02-5, Nelson P. Smith, Jr., and Ellen Smith, a request for rezoning from R-3 (Medium Residential) and R-6 (Urban Residential) to the A (Agriculture) district to allow for those uses permitted in the Agriculture zoning district. He stated that the subject parcel is approximately 5.5 acres in size in the Paisley Chain of Lakes area, is surrounded by vacant and agricultural uses at this time, and staff has found the request consistent with the Comprehensive Plan and with the development patterns of the area. He stated that there is one letter of concern on file that addresses potential future use. He added that staff recommends approval.

Commr. Hanson commented that rezoning from R-3 and R-6 back to Agriculture might result in a reduction in housing units.

Mr. Richardson clarified that R-3 was inconsistent with the Rural zoning and there would be no housing units to deduct.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was not present and no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. PH#39-02-5, Nelson P. Smith, Jr., and Ellen Smith, a request for rezoning from R-3 (Medium Residential) and R-6 (Urban Residential) to the A (Agriculture) district to allow for those uses permitted in the Agriculture zoning district, Tracking #69-02-Z, Ordinance 2002-76.

REZONING CASE NO. PH#42-02-3

RICK D. TEETS AND MIKE NOLAN

AMENDMENT TO CFD ORDINANCE #72-90-TRACKING #72-02-CFD/AMD

Mr. Jeff Richardson, Chief Planner, Planning & Development Services Division, Department of Growth Management, addressed the Board to discuss Rezoning Case No. PH #42-02-3, Rick D. Teets and Mike Nolan, a request for an amendment to CFD (Community Facility District) Ordinance #72-90 to remove land use of Assisted Care Living Facility (ACLF) and add land use of day care and after school care facility utilizing the existing building and adding a gymnasium and additional classrooms and bathroom facility. He stated that the subject parcel is north of Lane Park Road in Tavares, and the City of Tavares has central water and sewer lines available. He stated that staff recommends approval of the request. He added that the Planning and Zoning Commission approved the request, by a vote of 8-0, allowing up to 15,000 square feet for the gymnasium.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present and no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. PH#42-02-3, Rick D. Teets and Mike Nolan, a request for an amendment to CFD Ordinance #72-90 to remove land use of Assisted Care Living Facility (ACLF) and add land use of day care and after school care facility utilizing the existing building and adding a gymnasium, limited to 15,000 square feet, and complying with any mandatory central sewer and water connect ordinances, Tracking #72-02-CFD/AMD, Ordinance No. 2002-77.

REZONING CASE NO. PH#36-02-4

WILLIAM S. GREENLEE & ROBERT F. GREENLEE, TRUSTEES

LESLIE CAMPIONE, P.A. - A & R-1 TO R-2 - TRACKING #60-02-Z

Mr. Jeff Richardson, Chief Planner, Planning & Development Services Division, Department of Growth Management, addressed the Board to discuss Rezoning Case No. PH #36-02-4, William S. Greenlee and Robert F. Greenlee, Trustees, a request for rezoning from A (Agriculture) and R-1 (Rural Residential) to R-2 (Estate Residential). He stated that this request was postponed by the Board in August 2002 for 30 days so that the applicant could meet with the City of Eustis and staff regarding the septic tank and central sewer and water issue under Comprehensive Plan Policy 1-1.6A and Policy 1-1.6B. He explained that the City of Eustis is making a request, to the Public Service Commission, to change their utility district area. He stated that staff still recommends denial or postponement until the utility district has been amended to exclude the subject property. He added that staff is working toward developing language regarding the urban and urban expansion areas and connection to central facilities.

Commissioners Stivender and Hanson disclosed that they have spoken with Ms. Leslie Campione, P.A., who represents the applicant, regarding this case.

Ms. Leslie Campione, Attorney, representing the Greenlee Trust, applicant, and Shamrock Homes, addressed the Board by stating that the City of Eustis is considering an ordinance and approved the first reading on Thursday, September 19, 2002, which would contract the boundaries of their Chapter 180 District so that the subject parcel is no longer included in the district. She stated that the City was agreeable to pull those boundaries back, based on their not being in a position to service the subject parcel within the next ten to fifteen years. She requested that the Board approve the R-2 rezoning, stating she is confident the City will pass the ordinance on second reading, and the sewer issue will no longer come into play at the time the developer plats the property.

Mr. Sandy Minkoff, County Attorney, stated that nothing precludes the rezoning, but the development review will be stopped. He stated that the Board could proceed with rezoning and, if the City doesn’t contract the utility district, the developer will be in a dilemma.

Ms. Campione stated that she feels the problem for the subject property will be solved, but she is still interested in pursuing a text change to the Comprehensive Plan that addresses the situation in those instances where the cities are not agreeable to contracting their utility district boundaries to match the areas they are planning to serve.

Commr. Cadwell stated that staff understands the Board’s concerns with this property being in the City of Eustis utility district and feels confident staff will abide by the Comp Plan rules should the City fail to contract their district. He stated that the language in the Comp Plan is clear on the water and sewer issue and protects the utility districts whose intent it is to service their district areas. He added that the density of the parcel was not an issue during his discussions with staff.

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

Ms. Campione referred to discussions from the Board’s August 27, 2002, public hearing regarding the property. She stated that the rezoning request is consistent with the development patterns of the adjoining subdivisions, and this is a 25-acre parcel with plans for approximately 50 homes. She added that the development would be serviced by the City of Eustis water system and the staff report indicates staff is comfortable with the land use change and only had a problem with the sewer issue.

Mr. Egor Emery, a Lake County resident, addressed the Board and urged even and consistent enforcement of the Comprehensive Plan. He stated that this development is “small,” and feels certain that, if the development were larger, it would not be an issue. He stated that he believes the Board must not approve any more developments that do not include wastewater and water, together, in a service area. He added that our water future depends on our ability to reuse our wastewater and we cannot do that when the water is going into a septic system and back into the ground. He continued by stating the property may be in a recharge area but it may not recharge the aquifer the water is being withdrawn from, and we need to have water and sewer together on these developments. He pointed out, as Commr. Cadwell said, the Comp Plan is clear and the City of Eustis should service both the water and wastewater. He added that, if we do not do something to ensure that urban services are there for the urban densities, we will have a much larger population base along the Hwy. 44 corridor and no wastewater to service the needs of that growing population. He stated that the City of Eustis has indicated, in their maps, that the future growth in that area will justify wastewater, but they say it is beyond their horizon now. Mr. Emery again urged the Board to enforce the Comprehensive Plan regarding water and wastewater regulations with every urban type development.

Mr. Scott Stone, a resident who lives near the subject property, addressed the Board and stated that he has seen eastern indigo snakes, which are federally protected, on the property. He stated that this property is one of the last good wooded areas in Grand Island and he would like to see the property preserved for wildlife.

Commr. Cadwell explained to Mr. Stone that the property could be developed with its current zoning.

Ms. Campione readdressed the Board, in rebuttal, and stated that the applicant is not asking the Board to deviate from the County’s Comp Plan and the request is for rezoning from mostly R-1 to R-2. She reiterated that the Comp Plan will be enforced and assured the Board that the City of Eustis would not consider contracting their boundaries if it were not in the City’s best interest.

Commr. Hanson remarked that if, at some point when sewers might be available, this was a clustered development, the densities might warrant utilities.

Ms. Campione stated that she would take the recommendation to cluster the homes to the developer and she assured the Board that the developer would be a good steward and would comply with all Lake County land development regulations, as well as any other jurisdictional development agency regulations.

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

Under discussion, Commr. Hanson stated that an urban expansion request would allow up to four units per acre and this request for R-2 allows up to two units per acre. She again recommended that the applicant consider cluster development and confirmed that staff advises this request would be within the Comp Plan, once the utility district issue is resolved with the City of Eustis.

A motion was made by Commr. Hanson and seconded by Commr. Cadwell to approve Rezoning Case No. PH#36-02-4, William S. Greenlee and Robert F. Greenlee, Trustees.

Under further discussion, Commr. Pool commented that eastern indigo snakes should be protected or relocated if they are present on the property.

Mr. Richardson stated that there will be an environmental assessment at development review preliminary plat or at the latest stage construction and the biologist will issue a report after inspecting the site. He added that federal guidelines will be followed if a federally protected species is found on the property.

Chairman Pool called for a vote on the motion, which carried unanimously, by a 5-0 vote, and the Board upheld the recommendation of the Planning and Zoning Commission to approve Rezoning Case No. PH#36-02-4, William S. Greenlee and Robert F. Greenlee, Trustees, a request for rezoning from A (Agriculture) & R-1 (Rural Residential) to R-2 (Estate Residential), Tracking #60-02-Z, Ordinance No. 2002-78.

REZONING CASE NO. CUP#02/9/1-5

DURA STRESS, INC., KENT FULLER, PRESIDENT

MARK J. BENNETT, AICP, CLEARSHOT COMMUNICATIONS

CONDITIONAL USE PERMIT - TRACKING #74-02-CUP

Mr. Jeff Richardson, Chief Planner, Planning & Development Services Division, Department of Growth Management, addressed the Board to discuss Rezoning Case No. CUP#02/9/1-5, Dura Stress, Inc., Kent Fuller, President, a request for a CUP (Conditional Use Permit) in HM (Heavy Industrial) for placement of a 295-foot guyed communication tower with equipment shelters and ancillary facilities. Mr. Richardson stated that the parcel is approximately 71 acres and the tower will be located in the northeastern portion of the property. He stated that the request meets the requirements for separation distances and staff does recommend approval. Mr. Richardson stated that the Planning and Zoning Commission (P&Z) did recommend the landscaping requirements be waived, and, generally, if it is a heavily wooded site, staff does not require additional buffering. He confirmed that P&Z also recommended that strobe lighting not be used at night.

Mr. Mark Bennett, AICP, ClearShot Communications, representing the applicant, addressed the Board and stated that the applicant agrees with and accepts the conditions of staff and P&Z.

Under discussion, Mr. Richardson confirmed that, if in the future the land is cleared around the site, Dura Stress would be responsible for landscaping under their industrial use zoning requirements.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. CUP#02/9/1-5, Dura Stress, Inc., Kent Fuller, President, a request for a CUP(Conditional Use Permit) in HM (Heavy Industrial) for placement of a 295-foot guyed communication tower with equipment shelters and ancillary facilities, with the condition that, should lighting be required, strobe lighting shall not be used at night, and existing vegetation shall be acceptable, Tracking #74-02-CUP, Ordinance No. 2002-79.

REZONING CASE NO. PH#41-02-3

TEX AND JULIA MERRITT

R-6 AND C-1 TO CP - TRACKING #71-02-CP

Mr. Jeff Richardson, Chief Planner, Planning & Development Services Division, Department of Growth Management, addressed the Board to discuss Rezoning Case No. PH #41-02-3, Tex and Julia Merritt, a request for rezoning from R-6 (Urban Residential) and C-1 (Neighborhood Commercial) to CP (Planned Commercial) to allow for limited, general retail, convenience, professional and personal care commercial uses. Mr. Richardson stated that the parcel is approximately 1.5 acres in the Okahumpka area, located at the northeast corner of the intersection of County Road 48 and State Road 33. He stated that the parcel is designated as a Community Commercial Node on the Future Land Use Map and there are an existing residential structure and an accessory structure on the property which may remain until the development of the property. Being 1.5 acres in size, staff has made a recommendation for limitation on the total square footage under the Planned Commercial, but, otherwise, can recommend approval and does find the request consistent. He commented that there were concerns regarding the list of uses provided by the applicant, specifically, the hotel/motel, the theater, and the truck yard which were felt to be too intense for this location, and staff also had a concern with vehicular sales. He added that the Planning & Zoning Commission (P&Z) did not have a concern with vehicular sales.

Mr. Tex Merritt, applicant, addressed the Board and stated that he does request vehicular sales be included in the zoning because he has a potential buyer for that use. He stated that he feels the site is well suited for that use. He commented that there is a traffic light at the intersection and he does not see a problem. He stated that it is acceptable to him if the hotel/motel, the theater, and the truck yard are eliminated from the list of approved uses. He explained that he petitioned for several uses in his request for CP zoning so that he would not have to come back to the Board should his sales or development plans change.

Mr. Fred Schneider, Engineering Director, addressed the Board and explained that, regarding vehicular sales, the applicant would be required to meet the access and easement ordinance so that any existing driveways would be removed and new driveways would be set back from the intersection, and, therefore, that use would not create a problem.

Mr. Merritt referred to the staff analysis and asked that permission to leave the residential structure until development plans are made be put in writing, rather than the requirement that it be demolished upon rezoning.

Mr. Richardson confirmed that the ordinance should include a sentence indicating that the existing single-family residence and accessory structure may remain on the site until commercial construction or development occurs.

Mr. Sandy Minkoff, County Attorney, pointed out that the ordinance was changed after the P&Z meeting regarding lighting and does limit the height of a light pole to no greater than 30 feet.

Mr. Merritt agreed that the lighting limits are acceptable.

On a motion by Commr. Stivender, seconded by Commr Cadwell and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case No. PH#41-02-3, Tex and Julia Merritt, a request for rezoning from R-6 (Urban Residential) and C-1 (Neighborhood Commercial) to CP (Planned Commercial) to allow for limited, general retail, convenience, professional and personal care commercial uses, and to allow land uses specified per the Ordinance, which includes Vehicular Sales, and that the existing single-family residence and accessory structure may remain until the property is developed, Tracking No. #71-02-CP, Ordinance 2002-80.

LAND PLAN AMENDMENT NO. LPA #02/9/1-3

CARL LUDECKE - TIM HOBAN, P.A.

TRANSMITTAL - TRACKING NO. #75-02-LPA

Mr. Jeff Richardson, Chief Planner, Planning & Development Services Division, Department of Growth Management, addressed the Board to discuss approval to transmit Land Plan Amendment Case No. LPA#02/9/1-3, Carl Ludecke, an amendment to change the future land use designation from Employment Center and Urban to Urban Expansion, a decrease in intensity of the uses. He stated that the property, located in the Mount Dora/Tavares area, approximately 16.5 acres, is within the City of Tavares utility district. Mr. Richardson explained that the City cannot provide service at this time and the applicant is proposing private wells and septic systems. The current entitlements on the property do need to be conditioned, depending on the development order request under the existing land use and zonings. Proceeding forward as an industrial use would require connection if necessary. He stated that staff did not find this as an issue, with the decrease in density in the future land use map, and, therefore, can recommend an approval. He added that the applicant will need to address the central water and sewer issue at the time they request rezoning. Mr. Richardson explained that Stinson Electric (MP - Planned Industrial) is next door and the majority of the subject property is LM (Light Industrial) zoning, with a small section of Urban. He stated that a subsequent rezoning hearing will follow, possibly November 2002, or January 2003.

Mr. Tim Hoban, P.A., representing the applicant, addressed the Board to inquire about the Board’s decision to postpone the EAR-based Amendments to the Elements of the Lake County Comprehensive Plan and whether that postponement would affect the applicant’s request for transmittal to DCA (Florida Department of Community Affairs). Staff confirmed that the EAR-based postponement would not affect the applicant’s request.

Under discussion, Commr. Hanson expressed concern that few employment centers are currently designated on the County’s land use map and the subject property, when rezoned, will likely be developed as residential.

Mr. Hoban stated that the industrial zoning, back in the late 1980s, made more sense because there was a concrete plant next door, but that plant is now closed. He added that the adjacent property has been rezoned to more of an office/storage use and the properties to the south and southeast of the subject parcel are developing in half-acre lots, and, therefore, the subject property’s best use is now residential.

Commr. Stivender commented that there have been complaints from residents in the Bay Road area who believe nearby LM zoning is not compatible with residential zoning. She inquired if the subject property is surrounded by residential, except the adjacent MP zoning (Stinson Electric), and whether the existing buffer would avoid similar complaints about Stinson Electric.

Mr. Hoban confirmed that Stinson Electric’s development is on the far side of their property, beside the LM zoned parcel, and away from the subject parcel.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the request for transmittal of Land Plan Amendment Case No. LPA#02/9/1-3, Carl Ludecke, to the Florida Department of Community Affairs, of an amendment to change the future land use designation from Employment Center and Urban to Urban Expansion, and reducing the intensity of density, Tracking # 75-02-LPA.

EAR-BASED AMENDMENTS - LAKE COUNTY COMPREHENSIVE PLAN

Mr. Gregg Welstead, Deputy County Manager, addressed the Board regarding delay of approval of the EAR-based Amendments to the Elements of the Lake County Comprehensive Plan (Comp Plan) for approximately 30 days. He pointed out changes in the Solid Waste Sub-Element since the April 2002 review by the Planning & Zoning Commission (P&Z), such as universal collection and infill permitting. He stated that the Economic Development Element should be readdressed, specifically language tying the Comp Plan to a specific organization. He commented that the Recreation/Open Space Element should be tied to recommendations by the newly created Environmental Lands Management and Acquisition Study Committee, as well as include the process of the recreation Master Plan. He stated that all the transportation elements should be completed together, and items such as adding Wolf Branch Road to the list of scenic roadways and construction of a bridge over Lake Griffin should be addressed.

Commr. Pool stated that individual meetings between Mr. Welstead and each Commissioner are in order concerning the EAR-based amendments.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. E.G. Berol, a resident of Fruitland Park, addressed the Board and read a letter (Exhibit OP-1) dated September 24, 2002, to Mr. William Neron, County Manager, concerning Mr. Berol’s rights to public records, pursuant to the Florida Freedom of Information Act 119.01. By reading from his letter, Mr. Berol requested information on eleven specific items. The letter was presented to the Deputy Clerk and was entered and marked as Exhibit OP-1.

Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board regarding homeland defense. He stated that, with the County’s tight budget, he feels it is unnecessary for emergency services or the fire department to create an agency for homeland defense. He stated that the Lake County Sheriff’s Department is capable of defending the County. He requested that the County consider a one year hiring freeze on positions where employees have been terminated by the County.

Ms. Jeanne Etter, a resident of Mount Plymouth, addressed the Board regarding the term “clustering.” She stated that the term is being used by Mr. Randall Arendt, who put on a development and growth seminar for the County, and is being used by the County, the media, the Board and zoning applicants. She asked if the County has formulated what their version of clustering is and if there are any criteria to give an applicant regarding procedures. She added that she would like to see the County’s definition of the term “clustering.”

Commr. Hanson stated that the term “clustering” is included in the Comprehensive Plan and the definition is clear. She added that Mr. Arendt, in his presentation, did an outstanding job in helping educate the public about “clustering” and smart growth.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

PUBLIC WORKS - SOUTH LAKE TRAIL

Mr. Fred Schneider, Lake County Public Works Engineering Director, addressed the Board regarding the selection of a priority alignment for the South Lake Trail which will run from the existing Clermont-Minneola Trail to the West Orange Trailhead. He stated that several public meetings on alternative alignments have been held and the Department of Transportation (DOT) has budgeted funding for design and construction. He stated that staff is asking the Board to prioritize a particular alignment from the three alternatives. He pointed out three alignments, colored red, blue and yellow, on a map which show existing trails, proposed trails and rights of way. He stated the originally proposed southern alignment (in yellow on the map) ran from the existing Clermont-Minneola Trail to the West Orange Trailhead and contains steep grades and slopes which would require bringing the trail along busy State Road 50 and building a retaining wall around an existing retention pond. He commented on costs and on some rights of way issues where owners are not willing to sell their property. He discussed the northern alignment (in red on the map), which is mostly on the south side of Old Highway 50, including the rights of way, the aesthetics, the absence of numerous commercial properties, and a proposed bridge crossing at the Florida Turnpike.

Commr. Pool stated that the northern alignment, even with the bridge crossing, would not be any more expensive than the other two routes, and would be much more picturesque. He stated that several South Lake citizens prefer the northern alignment.

Mr. Schneider explained that, concerning construction, staff looked at a basic cost per foot, and factored in the bridge in the northern alignment, but did not factor in retaining walls. He added that appraisals have been done, and all three alignments are estimated at approximately $1.7 million.

Commr. Stivender stated that the routes have been reviewed by the Bicycle/Pedestrian Advisory Committee, and they concluded the northern route is much better for bicycles, keeping riders away from commercial areas and busy highways.

Commr. Hill inquired about the ongoing costs of maintaining the trails and security for the trails and wanted to know if a funding source can be designated and included in the Traffic Element of the EAR-based amendments to the Comp Plan.

Mr. Schneider stated that, presently, maintenance funding would come from the general fund.

Commr. Pool suggested that staff contact the City of Clermont and the City of Minneola to see how much they spend per mile on their trails.

Mr. Jim Stivender, Senior Director of Public Works, stated that several developers have indicated that sections of the trail would be in developments and could be maintained by them and staff will meet with the West Orange Trailhead group to see how they provide maintenance. He added that grant applications for building the trail have been submitted.

Mr. Bill Neron, County Manager, stated that there are a variety of alternatives for funding, including additional tourist development taxes, and additional gas taxes. He added that designating a funding source in the EAR amendment may not be appropriate.

Commr. Pool thanked the staff for their hard work on this endeavor and commented that this trail will endure and will benefit the citizens of Lake County. He added that approximately 80,000 persons per month use and enjoy the West Orange trail.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the “Red” (northern) Alignment for the South Lake Trail, with staff to provide information regarding ongoing maintenance costs and a funding source for those costs and providing plans to patrol the trail.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

ADDENDUM NO. 1 (CONTINUED)

STATE ROAD 429 EXTENSION

Mr. Ryan Donovan, a citizen of the City of Mount Dora and a Mount Dora City Councilman, addressed the Board regarding the State Road 429 (S.R. 429) Extension. He stated that a presentation by the Orlando-Orange County Expressway Authority (Expressway Authority) was made at the Mount Dora City Council (Council) meeting on September 17, 2002. At that meeting, the Council approved a motion for a resolution which requests that the Lake County Board of County Commissioners (Board) reopen dialogue with the Expressway Authority regarding S.R. 429. He explained that the Expressway Authority has delayed their decision for final recommendation of a route until January 15, 2003, due to a request made by the environmental community. Councilman Donovan added that the environmental community committed to present their concept plan by December 1, 2002, and Governor Bush will appoint a task force to assist with the process. He stated that he has not been able to get further information on the time line for appointing a task force. He remarked that current Expressway Authority plans could have an extremely negative impact on Lake County, and Governor Bush recently signed House Bill 261, a key component of which converts the Florida Department of Transportation Turnpike District into the Florida Turnpike Enterprise, basically making it big business.

Councilman Donovan remarked that he is not asking the Board to allow S.R.429 into Lake County, but urged the Board to be part of the project and stated that the S.R. 429 Extension will dramatically affect the County, whether or not it crosses the County border. He asked the Board to provided leadership, to get involved, to do their job of guiding the County, and to communicate with the Expressway Authority and other decision making groups. He stated that he feels the Board needs to be educated, he does not want to wait for a task force to be formed, and he asked for a motion from the Board to reopen the dialogue with the Expressway Authority and partner with the environmental community.

Commr. Pool thanked Councilman Donovan for his remarks and stated that the Board recognizes it should be part of the process.

Commr. Hanson stated that she had a call from the Governor’s office about four weeks ago, giving her a summary of actions by other counties and mentioning the task force. She added that her impression from that call was that the Governor’s office intended to move forward right away on the formation of the task force.

Mr. Jim Stivender, Senior Director, Public Works Department, stated that the Expressway Authority delayed action on the project until the middle of January 2003, although the study is continuing.

Mr. Keith Schue, a member of the Sierra Club of Central Florida, addressed the Board and stated that the environmental community is very supportive of a task force initiative, the idea being to bring together many entities, including the Expressway Authority, county governments, the Department of Environmental Protection and others to look at issues of growth, transportation and the environment. He added that he feels the Governor’s task force is the best approach to resolving this issue. He also expressed concern regarding House Bill 261. He suggested that, as Lake County looks at this subject, it will be important to consider the real transportation priorities of the area. He cautioned the County to look very carefully at the proposals, such as large, extended roads deep into the County through rural parts of the County, in the north, the east and the west. He encouraged the County to focus attention on the completion of the Western Beltway, a transportation priority he believes has existed for some time. He mentioned protecting the substantial wildlife corridor through land acquisitions.

Commr. Hanson pointed out to Mr. Schue that, a year ago, he was part of the leadership that encouraged the Board not to be part of the study. She inquired about his position on the issue now.

Mr. Schue stated that last year there was a steam rolling effect of trying to push a road deep into Lake County without regard for some of the issues involved. He remarked that there is now an opportunity to have discussions with different agencies and look at protecting the environment, especially the Wekiva River Basin.

Commr. Pool reminded Mr. Schue that last year there clearly was no opportunity to have a dialogue and to bring both sides together to communicate at a public hearing. He expressed concerns that his own comments last year, which were very similar to Mr. Schue’s comments today, were rejected. He stressed the importance of a dialogue and expressed his delight that Mr. Schue now embraces this concept.

Commr. Cadwell suggested that the Board officially contact the Governor’s office and encourage that the formation of a task force move forward quickly, and that it include a voice by Lake County. He assured Mr. Donovan that the Board has been monitoring the process.

Mr. Donovan cautioned that there is an upcoming election, the holidays are near, and he has a concern that January 2003 will come and go too quickly and that S.R. 429 could be built and destroy the County. He added that he is glad Mr. Schue sees the light and understands it is the responsibility of the Board to communicate with others. He again urged the Board to make a motion to open up the dialogue.

Commr. Hanson suggested that Mr. Donovan read the former resolution presented to the Board by the City of Mount Dora which played a part in the Board’s action last year. She commended Mr. Donovan for appearing at the Board meeting and recognizing that the County must be part of the process.

A motion was made by Commr. Hanson and seconded by Commr. Stivender for the Board to contact the office of Florida Governor Jeb Bush regarding the date that office will appoint a task force to study the S.R. 429 Northern Extension, and bring the issue back before the Board for a response, and if the task force appointments are delayed, bring the issue back before the Board for discussion of the next step.

Under discussion, Commr. Cadwell commented that it was his opinion that there would not have been any constructive dialogue come from last years meeting, given the atmosphere of that meeting.

Commr. Pool confirmed that last years public hearing was not pleasant and not much information was provided that day but it is important to move forward today.

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

At 10:40 a.m., it was noted that Commr. Cadwell left the meeting.

REPORTS - COUNTY MANAGER

ADDENDUM NO. 1 (CONTINUED)

TAX BILL INSERT LANGUAGE

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved language regarding the increase in the General Fund millage relating to the Solid Waste Fund as an information item in the November 2002 tax bill mailing.

Commr. Cadwell was not present for this portion of the meeting.

REPORTS - COUNTY ATTORNEY

MOUNT PLYMOUTH-SORRENTO STUDY GROUP

Mr. Sandy Minkoff, County Attorney, informed the Board that he met with the Mt. Plymouth-Sorrento study group September 17, 2002, and plans to bring a resolution to the Board, possibly at the October 1, 2002, meeting for the continuation of that group for the remainder of the study.

REPORTS - COMMISSIONER HILL - DISTRICT #1

LAKE CLEAN UP DAY

Commr. Hill expressed thanks to all the volunteers who participated in the Lake Clean Up on September 21, 2002. Commr. Hanson expressed thanks to the Daily Commercial for their intense community action. Commr. Pool stated that approximately 32 tons of trash were collected and that the effort was extremely successful.

REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

LIGHT UP TAVARES DECORATIONS

Commr. Stivender informed the Board that beginning Friday, October 4, 2002, the Christmas light decorating committee, of which she is a member, will begin putting up lights for “Light Up Tavares” which will be held on November 23, 2002. She welcomed volunteers to help each Friday until the decorations are complete.

REPORTS - COMMISSIONER HANSON - DISTRICT #4 (CONTINUED)

PROCLAMATION - TEEN PREGNANCY AWARENESS WEEK

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2002-154 proclaiming September 30 through October 6, 2002, as Teen Pregnancy Awareness Week in Lake County.

Commr. Cadwell was not present for this portion of the meeting.

REPORTS - COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2

TOWN OF ASTATULA - 130TH ANNIVERSARY

Commr. Pool congratulated the Town of Astatula on the occasion of their 130th anniversary and mentioned the Town’s recent celebration.

CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)

Ms. Glenda Mahaney, who lives on U.S. Highway 441 across from the Carl Ludecke property, addressed the Board concerning the approval, made earlier in the meeting, to transmit the Comprehensive Plan Amendment Case No. LPA#02/9/1-3, an amendment to change the future land use designation from Employment Center and Urban to Urban Expansion. She commented that the property has always been Urban and she thinks a notice recently mailed to surrounding property owners regarding a proposed change from Employment Center to Urban was confusing. She urged the Board to be consistent with the decision of past Boards. She stated that she has been denied the right to sell her property as retail because she has been told her property is in an Employment Center.

Commr. Hanson stated that, because of a pending lawsuit between the County and Ms. Mahaney, discussion with Ms. Mahaney probably is not appropriate.

Commr. Pool confirmed that the Board would not be able to discuss Ms. Mahaney’s lawsuit.

Ms. Mahaney stated that the Board should be aware of the contents of the lawsuit and, because the meeting is on the record, she feels the Board is allowed to address the lawsuit. She suggested that the Board read the appraisal report regarding the zoning land use of her property.

Commr. Pool inquired about the time line for hearing Ms. Mahaney’s case.

Mr. Sandy Minkoff, County Attorney, stated that the County intends to foreclose a code enforcement lien and that Ms. Mahaney has counter sued the County.

Ms. Mahaney contended that the code enforcement lien is a past lawsuit and separate from the current issue whereby she is not being allowed to sell her property or use an occupational license that was issued to her.

Mr. Minkoff clarified that the County’s pending case is for an injunction to have Ms. Mahaney clean up her property and the code enforcement orders could not be enforced because the property is a homestead. He stated that the County Attorney’s office will submit a memo detailing the status of the case.

Commr. Pool explained that the Board has heard Ms. Mahaney’s concerns and reiterated that the Board cannot make any decision concerning her lawsuit, but will request a detailed update by the attorneys and staff.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.

__________________________________

ROBERT A. POOL, CHAIRMAN

ATTEST:

______________________________

JAMES C. WATKINS, CLERK

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