BCC Board Meeting Minutes

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 22, 2002

The Lake County Board of County Commissioners met in regular session on Tuesday, October 22, 2002, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Catherine C. Hanson; and Debbie Stivender. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Mr. Bill Neron, County Manager, stated that there is an addendum today, with one item from Growth Management, and he requested that Tab 7 regarding Road Vacation Petition 988, Shirley Dunne, be pulled from the agenda, because this matter has already been handled in a previous public hearing.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 4, as follows:

Community Development Block Grant Agreement

Request from Community Services for approval to accept the FY 2002-2003 Community Development Block Grant (CDBG) Agreement, authorize the Chairman to sign it and direct the Department of Community Services to implement the programs covered under the Agreement.

Proclamation

Request from Community Services for approval of a Proclamation 2002-177 to recognize the week of November 1 through 7, 2002 as “Mediation Week” in Lake County.

Salvation Army - Temporary Use of Fire Station 53

Request from Public Works for approval of Memorandum of Understanding between Lake County and Salvation Army for the temporary use of Fire Station 53 (located on Sunnyside Drive in Leesburg) to store donated toys until they can be distributed at Christmas.

Contract - Bowyer-Singleton & Associates - Old Mount Dora Road

Request from Public Works for approval to extend the contract between Lake County and Bowyer-Singleton & Associates, a design consultant, to July 31, 2003 to continue with the design of Old Mount Dora Road.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

SCHOOL BOARD - ROAD IMPACT FEES

Ms. Pam Saylor, Superintendent of Lake County Schools, addressed the Board and stated that she appreciates the opportunity to address the Board earlier than scheduled, due to a previously scheduled meeting that she needs to attend with the School Board this morning. Ms. Saylor stated that the School Board has an item before the Board requesting the reimbursement for Steve’s Road that was constructed in the area of East Ridge High School, and they would appreciate the Board’s consideration in providing them the total cost of that road. She noted that the staff recommendation is to reimburse them at 51.2%. Ms. Saylor reminded them that the School Board receives approximately $125,000 a year from the State of Florida, for the purpose of any kind of road building, and they are to connect from schools to existing roads. They need these dollars to put back into the schools for other needs and, if they are not forthcoming by virtue of the impact fees, then it will be necessary for that school to look to other means for those dollars. At the time this school site was developed, they discussed the construction of this road and the impact fees needed to offset that cost, which they feel is in excess of what is being shown today by approximately $72,000.

Commr. Pool recognized the following individuals who were present in the audience: Mr. Gerald Smith, Chairman, Lake County School Board; Mr. Jason Yarborough, City Manager, City of Groveland; Mr. George Romano, City Council, City of Mount Dora; Mr. Frank Caputo, City Council, City of Clermont; Ms. Bernice Brinson, City Manager, City of Mount Dora; and Mr. Mike Perry, Lake County Water Authority.

Mr. Gerald Smith, Chairman, Lake County School Board, stated that the School Board appreciates any an all consideration the Board has given to them for any reimbursement, but they feel that the connection of Hook Street through the north-south road to Steve’s Road to Highway 27 is an integral part of the traffic flow of that whole area. They feel it is important to come to the Board and ask for the reimbursement and look at that road from a collector’s status, because the study justifies the collector status of that road, therefore, they should be reimbursed from impact fees. Mr. Smith stated that he asked Mr. Caputo, City of Clermont, to speak to the issue, and they appreciate anything the Board can do for the school system.

Mr. Frank Caputo, City Council, City of Clermont, stated that he strongly recommends and urges the Board to support the issue concerning the School Board. He had the opportunity to be on the Planning and Zoning Commission when this issue first came to the forefront and, as a resident of the City and, as a taxpayer, they had many concerns about the road, and the ability to put that road in there. He explained that the City of Clermont has put Hook Street and Steve’s Road at the top of their list for roads to be constructed and, from the study, they are collector roads. He stated that Citrus Tower Boulevard, which is not an issue at this moment, is also a critical part of their transportation network in the City of Clermont. He wanted the Board to know that he supported the Bosserman site, as the site for the school, rather than the Lincoln Grove site. Mr. Caputo stated that, when the road got held up because of right-of-way issues, he spoke to Mr. Jim Stivender, Director of Public Works, about the County taking that road, but the City of Clermont had to negotiate with the property owner, increase densities, and turn residential property into commercial property, in order to make this right-of-way available for the school and the County, in order to get the road in there. Mr. Caputo stated that he feels very strongly that the School Board should be reimbursed for everything they have spent because it is obviously a collector road. He stated that they are looking forward to getting the remainder of the right-of-way, so they can continue the road to Highway 27. Mr. Caputo stated that, when he discussed the building of that road, and the problems with the right-of-way, Mr. Stivender explained that there were not any funds available to exercise eminent domain, because, if you use the money for right-of-way, then you would not have money to build the road and, if this is the case, the Board needs to make a provision where the funds are available for right-of-way problems when a road is being constructed and the County and the City of Clermont need to address this in the future. He urged the Board to take the impact fees from that district and give them to the School Board.

Mr. Jim Stivender, Director of Public Works, stated Mr. Fred Schneider, Engineering Director, put together the study on the road, and he is here today to answer any questions of the Board. Mr. Stivender summarized the issues and explained the projects taking place and stated that the road design to the high school is now over and above the original design, and they have agreements that amount to a couple million dollars in road construction to enhance that intersection. He explained that they did discuss the right-of-way, which was to be donated as part of the work on this road. Mr. Stivender stated that Steve’s Road was in the top ten on the County’s list of road projects, with the number one project being the southern connector. He explained the area where the County has not acquired the right-of-way and stated that they have gone through appraisals, and the Board has authorized staff to purchase that right-of-way in lieu of other options. He further explained that condemnation is the last resort, because of the costs involved. He stated that Steve’s Road was built as an access road to the school, and it went beyond the school. Staff has looked at the cost associated with it, and the $562,861.00 includes the engineering costs. They also looked at the capacity of the road, and the impact of that school, and the school meets about 50% of the capacity of the existing roadway, which is a two lane road with turn in lanes, and a curb and gutter section. The study indicates a capacity that is left that allows traffic to flow through that area and not impact the school, and therefore, staff is recommending $288,184.83 to pay for the additional capacity beyond what the school is already utilizing. He stated that impact fees are to be used for collectors only, and right now that road dead ends. He does not have any deeds in his possession for the right-of-way that extends to Highway 27 and, since the impact fees are being used for this, if they decide to return funds to the School Board from the impact fees, he would recommend that the Board wait until all of the right-of-way has been secured out to Highway 27.

Commr. Cadwell explained that, at some point in time, the Board will have to refund the impact fees for the road, if it never becomes a collector road.

Mr. Stivender stated that the Board would have to refund the impact fees, and those fees would have to come out of the gas tax, or the sales tax. The Board has just allocated the sales tax for the next five years, so a project would have to be taken off of the list, and there are no gas taxes, at this time, for capital improvements. Mr. Stivender noted that Mr. Steve Richey, Attorney, is working on getting the right-of-way for Steve’s Road out to Highway 27.

Mr. Steve Richey, Attorney, stated that he represents a group of folks on Steve’s Road who have retained McIntosh & Associates to do the engineering, and to provide the legal descriptions for the right-of-way, to be dedicated to the County, which is to be done in the next 45 days with regard to the survey work. They will be providing these easements to the County, at no expense to the County, in order to expedite the work on the road. He is waiting on one agreement, but everything else is in place.

Commr. Pool felt that the right-of-ways are secure, and he has had commitments from all of the landowners, and they agree to not only give up the right-of-way, but to pay the engineering cost to get this pushed to the forefront.

Commr. Hanson wanted to know what affect this has on other roads in the area that are impact fee funded.

Mr. Stivender referred to Tab 13 regarding the request for Lost Lake Reserve and stated that this will be with the understanding that the County is going to be acquiring right-of-way up to Hook Street, and those agreements have been sent out, but he wanted the Board to know that Tab 13 will involve about $4 million. He explained that it is a similar scenario where the County is building the spine road, and all of the associated improvements to access development is being paid by the developer.

Commr. Stivender stated that, if the Board approves Tabs 11 and 13, she wanted to know if the County has the money, and she wanted to know if the $125,000 that the School Board receives has already been spent.

Mr. Stivender noted that the County has the money for Tabs 11 and 13, and Ms. Saylor explained that the intent of the $125,000 is not for roads such as this but to do the road work on the site of the school to connect to the road.

Mr. Bill Neron, County Manager, clarified that the amounts that staff has currently programmed from the impact fees is at the 52% level.

Mr. Stivender explained that, if the Board approved the $562,861.00, they would have to delay another project in this district. He stated that his only concern is the right-of-way, and he is trying to avoid any future problems.

Commr. Stivender referred to the comment on the agenda from staff that indicates that the payments would not take place until such time that Steve’s Road is constructed west of U.S. 27, and stated that this does not mean that the Board cannot approve it subject to it becoming a collector.

Commr. Cadwell stated that, while everyone knows that the school system is a very important issue, the integrity of the impact fee process is also important and, by law, the Board can only do certain things with the impact fee.

Commr. Pool explained that this would not be an issue, if the right-of-way was secured to that point and, without the right-of-way, the reimbursement opportunity is not there but, with those right-of-way, it makes that a collector road.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to reimburse the the School Board the amount of $288,184.83 which is 51.2% of the total construction cost of Steve’s Road from Hook Street south to the East Ridge High School property, at the time that this road becomes a collector.

Under discussion, Commr. Pool explained that he is trying to give the School Board back as much as possible, but he did not know if the support was there to go any higher than the 51.2%, and he wished the Board could help them with more dollars and approve a higher percentage, but he did not feel these dollars were going to become available until the County gets the right-of-way.

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

Commr. Stivender voted “no”.

Mr. Neron stated that, in order to clarify the Board’s intent, those funds are to be released at the time the right-of-way is in their possession.

Commr. Stivender wanted to explain why she voted against the motion. She stated that she would never have approved this location, and she tried to convince a few of the School Board people of the same thing at that time, because there was no road but, since it is there, and since they do have people working on getting the right-of-way, she felt that the Board should go ahead and reimburse them, once it became a collector completely.

AGREEMENT - LOST LAKE RESERVE

Mr. Jim Stivender, Director of Public Works, addressed Tab 13, the Agreement between Lake County Board of County Commissioners and Lost Lake Reserve for the construction of a portion of Citrus Tower Boulevard, and reviewed the area that will be improved. Mr. Stivender stated that the County will be acquiring right-of-way to the north, so there are no gaps in right-of-way as part of this proposal. He stated that Mr. Fred Schneider, Engineering Director, has been working on this project for a couple of years, and they made sure that the agreement was fair and equitable to the County, and all of the public, when it comes to utilizing impact fees, and they made sure that all of the issues associated with the developer were being addressed.

In response to Commr. Hill’s inquiry about the width of the sidewalks, Mr. Schneider explained that the City of Clermont requested the developer to put in wider sidewalks, with the developer paying for all of the extras along the roadway.

On motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of an Agreement between Lake County Board of County Commissioners and Lost Lake Reserve for the construction of a portion of Citrus Tower Boulevard in the amount of $4,178,911.69 - Road Impact Fee Benefit District 5 - Commission District 2.

FDOT LOCAL AGENCY PRIGRAN AGREEMENT - RESOLUTION

LAKE MINNEOLA/SOUTH LAKE

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement and supporting Resolution for Design Phase II of the Lake Minneola/South Lake Trail from Phase I of the Minneola Trail in Clermont to the West Orange Trailhead at County Line Station, and stated that the request is for grant money to continue the process, in the amount of $250,000.00 for the design. He noted that staff hopes to break ground on this project in January.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement and supporting Resolution 2002-183 for Design Phase II of the Lake Minneola/South Lake Trail from Phase I of the Minneola Trail in Clermont to the West Orange Trailhead at County Line Station (5 miles) FM #241438-1-38-01, in the amount of $250,000.00 (impact fee dollars) for the Design Phase of this project.

PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 985 - RAYMOND AND MINNIE BRONSON - DISTRICT 2

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition No. 985 by Raymond and Minnie Bronson and execution of Resolution to vacate an easement in the Plat of Groveland Farms and stated that staff saw no adverse effect to anyone associated with the easement. Mr. Stivender stated that Mr. Jimmy Crawford, Attorney representing the applicant, has agreed to donate right-of-way along the county road that meanders through the property. Staff is recommending approval of the request.

Mr. Jimmy Crawford, Attorney, stated that he represents the applicants, and he would answer any questions of the Board.

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

COMMISSIONERS

At 9:40 a.m., it was noted that Commr. Cadwell left the meeting.

PETITION NO. 985 - RAYMOND AND MINNIE BRONSON - DISTRICT 2 (CONT.)

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved Petition No. 985 by Raymond and Minnie Bronson and execution of Resolution 2002-178 to vacate an easement in the Plat of Groveland Farms in Section 27, Township 23S, Range 24E in the Bay Lake area, South Lake County - Commission District 2, as recommended by staff.

Commr. Cadwell was not present for the vote.

PETITION NO. 986 - LPG EXPRESS SERVICES, INC., SHERIE D. LINDH

DISTRICT 3

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition No. 986 by LPG Express Services, Inc., Sherie D. Lindh and execution of Resolution to vacate an unnamed road in the Plat of McNaughts Subdivision and stated that the applicants have requested a 90 day postponement. Mr. Stivender stated that he and Mr. Gregg Welstead, Deputy County Manager, have been reviewing this petition and looking at alternatives and staff supports the request for postponement.

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

COMMISSIONERS

At 9:45 a.m., Commr. Cadwell returned to the meeting.

PETITION NO. 986 - LPG EXPRESS SERVICES, INC., SHERIE D. LINDH

DISTRICT 3 (CONT.)

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to postpone for 90 days, until January 28, 2003, Petition No. 986 by LPG Express Services, Inc., Sherie D. Lindh , to vacate an unnamed road in the Plat of McNaughts Subdivision in Section 27, Township 19S, Range 26E, in the Tavares area - Commission District 3.

PETITION NO. 988 - SHIRLEY DUNNE - DISTRICT 1

Mr. Steve Richey, Attorney representing Shirley Dunne, addressed the Board and requested clarification as to why Petition No. 988 was not being heard at this time.

Staff clarified that Petition No. 988 by Steve Richey, P.A., for Shirley Dunne, 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, had been pulled from the agenda this morning, due to action already being taken at a previous public hearing (Sept. 24, 2002).

PETITION NO. 989 - JULIE FAYE ROGERS REALTY FOR DELL M. ELLIS

DISTRICT 2

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition No. 989 by Julie Faye Rogers Realty for Dell M. Ellis and execution of Resolution to vacate easements located in Section 19, Township 23S, Range 25E, in the area south of Groveland and stated that this petition was postponed from last month. Mr. Stivender explained that the gentleman was a new purchaser of property (70 acres), and he asked staff to look at the issue, and staff is recommending approval of the request. The applicant has no objection to the relocation and has requested they move forward to vacate, and a new deed put into place.

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

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Petition No. 989 by Julie Faye Rogers Realty for Dell M. Ellis and execution of Resolution 2002-179 to vacate easements located in Section 19, Township 23S, Range 25E, in the area south of Groveland - Commission District 2.

PETITION NO. 990 - PAMELA AND MICHAEL ADAMS - DISTRICT 3

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition No. 990 by Pamela and Michael Adams and execution of Resolution to vacate a utility easement located in Sections 2 and 3, Township 20S, Range 26E, in the Plat of Squirrel Point and stated that the petitioners are going to build a large house on both lots, and the utility easements will be in the way, and staff is recommending approval of the request.

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

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Petition No. 990 by Pamela and Michael Adams and execution of Resolution 2002-180 to vacate a utility easement located in Sections 2 and 3, Township 20S, Range 26E, in the Plat of Squirrel Point, in the Tavares area - Commission District 3.

PETITION NO. 991 - JOHN L. O’CONNOR - DISTRICT 2

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Petition No.

991 by John L. O’Connor and execution of Resolution to vacate water retention area located in Section 9, Township 23S, Range 26E, in the Vistas Subdivision and stated that staff looked at the construction plans and had some question about the location of the retention pond, but it was identified on the plat. The applicant supplied staff with an example of how the property will be split and staff will submit the extension of the right-of-way lines, as part of the Resolution, to the property appraiser.

Commr. Stivender recognized Mr. John O’Connor, the applicant, who was present in the audience and stated that he used to be the building official at the City of Tavares, and he is now the Building Director in Marion County.

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

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Petition No. 991 by John L. O’Connor and execution of Resolution 2002-181 to vacate water retention area located in Section 9, Township 23S, Range 26E, in the Vistas Subdivision, in the Clermont area - Commission District 2.

ZONING

REZONING CASE NO. CUP#02/10/1-5 - BILLY SCHELLER

BRUCE DUNCAN, ESQ. - CUP IN A - TRACKING #85-02-CUP

Mr. Allan Hewitt, Director of Water Resource Management, and Interim Planning Director, stated that staff has a request for a 30 day postponement on Case No. CUP#02/10/1-5, Billy Scheller.

Mr. Bruce Duncan, Potter, Clement, Lowery & Duncan, stated that he is here representing Mr. Billy Scheller and the applicants in this case. Mr. Duncan stated that they are requesting a continuance and it is primarily his fault, because he has had some family issues that have kept him out of the office the last couple of weeks, and he was unable to prepare properly to present the case to the Board. Mr. Duncan stated that there is some opposition in the audience, as well as some support, but they are requesting a 30 day postponement, until November.

Commr. Pool called for public comment only on the request for postponement.

Ms. Jennifer Masselli stated that she is a neighbor to the property in question, and she has a lot of letters from local residents expressing concerns about the Saltsdale Mudd Hole. Ms. Masselli stated that they are asking that the applicant’s operation be shut down, until the case is either approved, or denied, by the Board, on the fact that they are running an illegal activity and have no insurance and, if something happens between now and then, there is the question of who will be held accountable for any unfortunate mishap.

Mr. Hewitt explained that there is a code case, and the order directs the applicant to get a Conditional Use Permit (CUP) application in place, and to continue operating until it is either approved, or disapproved, by the Board.

Mr. T. J. Hollenbeck stated that he owns a piece of property off of Saltsdale Road, as well as a couple of businesses and, in order for him to operate a business, he has to carry insurance. Mr. Hollenbeck stated that the applicant is operating an illegal business with no insurance, no licenses, and they have been operating their activity for ten months. He believes they should be shut down, until it is approved, or declined, because he is afraid that, if something does happen, no one will be held responsible.

Ms. Jennifer Gary stated that she lives right past the mud hole on Saltsdale Road. Ms. Gary stated that she wants them to stop the activity, until the Board denies, or approves. the request for a CUP. She explained that she has four children of her own, and her neighbor has six children in foster care, and they have to walk on the road every single Monday morning to the bus stop. She fears that a child, or someone else, is going to get hurt, when a vehicle leaves the private property and does not stop at the bend in the road.

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

Commr. Cadwell stated that the applicant has been cited by Code Enforcement and, under their code action, they were required to apply for a CUP, which he has done.

Commr. Cadwell made a motion to approve the request for a 30 days postponement, until November, as requested by the applicant, for Rezoning Case CUP#02/10/1-5, Billy Schellar, Bruce Duncan, Esq., Tracking #85-02-CUP, CUP in A, a request for a CUP in A (Agriculture) for an active commercial recreation facility consisting of a mud bogging facility.

Commr. Hanson seconded the motion for discussion and asked legal staff to explain the position of the Board at this time, since it is basically concurring that it continue to operate for 30 days.

Mr. Minkoff explained that Code Enforcement usually does not go forward if the applicant is attempting to comply with the order and, in this case, if they are making progress towards getting a CUP, Code Enforcement would not be imposing fines in its normal course of events.

Mr. Duncan stated that the activity takes place once a week, on Sundays, and they do not operate on Mondays, or school days. He explained that they have complied with everything the County has required of them, at this point, and they would prefer not to stop the activity, because there is a very distinct possibility they may have to stop at the end of November, if the Board decides not grant the CUP. In response to the questions of the Board, Mr. Duncan stated that the applicants do not have insurance, and they made that issue clear at the P & Z Commission meeting, but they do clean up the area and take care of the roadway, as they presented in their testimony at that meeting.

Commr. Hill asked whether the County allows others to continue their activity during their process of getting a CUP.

Mr. Minkoff stated that it depends on the activity. If there is irrevocable harm, then they will not give them that opportunity, but he believes that the department typically, if the applicant is making efforts to comply with the code, will not seek to impose fines, because their goal is compliance, not fining.

Mr. Duncan explained that the applicants have looked into acquiring insurance, but it is a cost issue and is extremely prohibitive. There are signs on site that indicate you enter at your own risk and, without getting into the case, they do not have insurance, and everything conducted on site is done at the risk of the patron.

Commr. Cadwell explained that having insurance would be a business decision, and the Board does not require someone to have insurance, even if it is being irresponsible.

Mr. Minkoff stated that the fact that it is private property with signs, as noted, does not put the County at risk, and the Sheriff will be enforcing laws relating to alcohol and other things such as driving on the roads, and he would not see any liability to the Board.

Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote, to approve a 30 day postponement, until November, Rezoning Case CUP#02/10/1-5, Billy Schellar, Bruce Duncan, Esq., Tracking #85-02-CUP, CUP in A.

REZONING CASE NO. PH#46-02-2 - CALVARY CHURCH, INC. - A TO CFD

TRACKING #79-02-CFD

Mr. Allan Hewitt, Director of Water Resource Management, and Interim Planning Director, stated that this is a request for A (Agriculture District) to CFD (Community Facilities Disstrict), to allow for those uses permitted in this zoning district. The 25.5 acre site is located in the Minneola area, and the future land use is suburban. He explained the surrounding zoning and stated that currently it will be served by individual well and septic. Staff has reviewed the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval of the request, and the Planning and Zoning (P & Z) Commission recommended approval 7-1.

Mr. Sandy Minkoff, County Attorney, stated that the P & Z Commission asked that the language “and school” be added to the ordinance, and staff will make certain that this is done prior to signing. He noted that this will be added to Page 2, Primary Use, “church and school”.

Commr. Pool opened the public hearing portion of the meeting and called for public comment. He noted that Pastor Dale Kinsey was present. There being no opposition to the request, the public hearing portion of the meeting was closed. He stated that this is in his district, and he has not problem with the request.

Commr. Hanson made a motion to uphold the recommendation of the Planning and Zoning Commission and approve Rezoning Case PH#46-02-2, Calvary Church, Inc., Tracking #79-02-CFD, A to CFD, a request for rezoning from A (Agriculture District ) to CFD (Community Facilities District), to allow for those uses permitted in this zoning district, Ordinance 2002-81, and to include on Page 2, Primary use, “church and school”.

Commr. Hill seconded the motion for discussion and stated that the County has a school siting ordinance, and she wanted to know if this church will fall under this ordinance, when the school is constructed.

Mr. Hewitt stated that the school will have to come through site plan review, and the school siting ordinance will be applied at that point along with other portions of the site plan.

Pastor Dale Kinsey, applicant, addressed the Board and stated that he has talked to the City of Minneola to find out when they are going to have water and sewer in that area, and they do plan to hook up as soon as they are available to them.

Commr. Stivender questioned whether the motion included the language on Page 2, adding the school, and Commr. Hanson clarified that the motion did include the language. Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.

REZONING CASE NO. PH#44-02-2 - EDNA BELLAMY - R-6 TO R-7

TRACKING #77-02-Z

Mr. Allan Hewitt, Director of Water Resource Management, and Interim Planning Director, stated that this is a request from R-6 (Urban Residential District) to R-7 (Mixed Residential District), to allow for those uses permitted in this zoning district. Mr. Hewitt stated that this is a 2.0 acre site in the Groveland area, and the future land use is in the Green Swamp ridge area. He explained the surrounding zoning and stated that it is on individual well and septic. Staff has recommended approval after reviewing the Comprehensive Plan and Land Development Regulations (LDRs), and the Planning and Zoning Commission approved it 8-0. Mr. Hewitt stated that there were no letters of opposition, but staff just received a letter of opposition from Ms. Joanna LaPoma, which he submitted to the Board.

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

Staff addressed Commr. Hill’s concerns about access to the property.

Commr. Pool stated that there are a lot of existing mobile homes in this area. He stated that this is in his district, and he sees no problem with the request.

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 PH#44-02-2, Edna Bellamy, Tracking #77-02-Z, R-6 to R-7, a request for rezoning from R-6 (Urban Residential District) to R-7 (Mixed Residential District) to allow for those uses permitted in this zoning district (application speaks to mobile home residences), Ordinance 2002-82.

REZONING CASE PH#47-02-1 - JEFFERY A. RIX - STEVEN A. RICHEY, P.A.

A TO MP - TRACKING #80-02-MP

Mr. Allan Hewitt, Director of Water Resource Management, and Interim Planning Director, stated that this is a request for rezoning from A (Agriculture) to MP (Planned Industrial) zoning district to allow for limited industrial uses. Mr. Hewitt stated that this is a five acre parcel located in the Leesburg utility area, with city water and sewer. He explained the zoning in the surrounding area and stated that staff has reviewed the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval of the request. The Planning and Zoning (P & Z) Commission approved it 8-0.

Mr. Steve Richey, Attorney, noted that he was representing the applicant and would answer questions of the Board.

Commr. Hill presented questions concerning road access, and Mr. Richey explained that the P & Z Commission suggested that, when they go through site plan review, they need to coordinate the access with the property, which is currently being developed and has mini storage on it.

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

On a motion by Commr. Hill, 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 PH#47-02-1, Jeffery A. Rix, Steven A. Richey, P.A., Representative, Tracking #80-02-MP, A to MP, a request for rezoning from A (Agriculture) to MP (Planned Industrial) zoning district to allow for limited industrial uses, Ordinance 2002-83.

REZONING CASE NO. SLPA#02/10/1-4 - DENNIS AND MARTHA THOMPSON

STEVEN J. RICHEY, REPRESENTATIVE - SMALL SCALE COMPREHENSIVE

PLAN LAND USE MAP AMENDMENT - SUBURBAN TO URBAN EXPANSION

TRACKING #84-02-SLPA

Mr. Allan Hewitt, Director of Water Resource Management, and Interim Planning Director, stated that this is a request for a Small Scale Comprehensive Plan Land Use Map Amendment, to change the land use designation from Suburban to Urban Expansion. Mr. Hewitt stated that the existing zoning is CP (Planned Commercial), and the parcel is 7.67 acres in the Eustis area. He explained the surrounding zoning and stated that staff has reviewed the Comprehensive Plan and the Land Development Regulations (LDRs), and the Planning and Zoning Commission approved it 8-0.

Mr. Steve Richey, Attorney representing the applicants, addressed the Board and explained the location of the parcel and the surrounding zoning. Mr. Richey stated that they want to amend the Comprehensive Plan, so they can accommodate some mini storage, which is the next case the Board has in front of it. He explained that the next case talks in terms of the CP and mini storage and some commercial that is limited to 50,000 square feet.

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

On a motion by Commr. Hanson, 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 SLPA#02/10/10-4, Dennis and Martha Thompson, Steven J. Richey, P.A., Representative, Tracking #84-02-SLPA, Small Scale Amendment, a request for a Small Scale Comprehensive Plan Land Use Map Amendment to change the land use designation from Suburban to Urban Expansion, Ordinance 2002-84.

REZONING CASE NO. PH#37-02-4 - DENNIS & MARTHA J. THOMPSON

STEVEN J. RICHEY, P.A. - AMENDMENT TO EXISTING CP ORDINANCE

TRACKING #64-02-CP/AMD

Mr. Allan Hewitt, Director of Water Resource Management, and Interim Planning Director, stated that this is a request for an amendment to an existing CP Ordinance #32-90 and Ordinance #80-89 to include additional commercial uses. Mr. Hewitt stated that the site is 7.67 acres. He explained the surrounding land uses and stated that staff has reviewed the Comprehensive Plan and the Land Development Regulations (LDRs) and recommends approval of the request. The Planning and Zoning (P & Z) Commission recommended approval 8-0, limiting commercial to 50,000 square feet.

Mr. Steve Richey, Attorney representing the applicants, addressed the Board and stated that the recommendation from the P & Z Commission came to the Board with an amendment to the CP Ordinance including the mini storage, with the condition that commercial would be limited to 50,000 square feet, and the mini storage would not carry that limitation. In the old ordinance they were to delete “storage garage” and they asked that the Board follow that recommendation.

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

Commr. Hanson commented that the City of Mount Dora did an outstanding job with the new gas station/convenience store on Wolf Branch Road and Highway 441. They have asked that the requirements of the County be somewhat similar, or to work more closely with the cities and, she knows it will come forward in site plan review, but she feels that they need to be looking at better coordination and cooperation with the cities.

Mr. Richey stated that they will be following the County’s current landscape ordinance and current criteria. He stated that there was discussion at the P & Z Commission meeting about adopting some criteria for mini storage, and he pointed out that the ones that have been built by the Greater Corporation, on Highway 50, SR 192 and U.S.27, meet the County code, and they are aesthetically pleasing and acceptable to those neighborhoods, and that is the standard provided by the current code, and they will be meeting that code.

Mr. Sandy Minkoff, County Attorney, stated that the language that the P & Z Commission discussed would be on Page 2, A. 2., which will now read, as follows: Development of the site shall be limited to 50,000 square feet of retail office, in addition to the warehouse and storage.

Mr. Richey clarified that the 50,000 square feet on the 7.67 acres is a maximum square footage, and the plan filed with staff will have mini storage, and a very minimum amount of commercial, so there will be open space, based on the code.

On a motion by Commr. Hanson, 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 PH#37-02-4, Dennis & Martha J. Thompson, Steven J. Richey, P.A., Representative, Tracking #64-02-CP/AMD, Amendment to CP Ord. #32-90, a request for an amendment to the existing CP Ordinance #32-90 and Ordinance #80-89 to include additional commercial uses, Ordinance 2002-85 and include on Page 2, A. 2., “Development of the site shall be limited to 50,000 square feet of retail office in addition to the warehouse and storage.”

RECESS & REASSEMBLY

At 10:20 a.m., Commr. Pool announced that the Board would recess for ten minutes.

RECOGNITION

Commr. Pool recognized the following individuals present in the audience: Mr. Ryan Donovan and Scott Alderman, City Council members, City of Mount Dora.

OTHER BUSINESS

REPORTS - COUNTY ATTORNEY

AGREEMENT AND RESOLUTION - PROPERTY EXCHANGE - PAUL BRYAN

Mr. Sandy Minkoff, County Attorney, stated that the Board had directed staff to proceed with a property exchange where the County is giving up a portion of property it recently purchased near the Umatilla Airport. The adjacent property owner requested an exchange, and the County selected an appraiser to appraise both parcels, and he gave them the opinion that the parcels were of equal value. They got a letter from the City of Umatilla indicating that they do not object to the exchange. Mr. Minkoff stated that this step today will authorize staff to go forward and exchange the deeds.

Commr. Cadwell stated that the exchange also improves and enlarges the approach zone, the closest part to the airport, and it will be a benefit to the City.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Agreement and Resolution 2002-182 authorizing the exchange of Lake County property for property adjacent thereto of equal size and equal value owned by Paul Bryan, which is situated adjacent to Rose Street/County Road 44A, in the Umatilla area.

REPORTS - COMMISSIONER HILL - DISTRICT #1

CHILDREN’S COMMISSION

Commr. Commr. Hill informed the Board that the Lake County Children’s Commission has requested that the Commissioners give them a priority list of programs that pertain to children that they would like to see the Commission include in their task, because they want to know that they are spending the allocated funds the way that the Board wants them to be spent.

After some discussion, it was noted that this item will be brought back on a Board agenda.

CHARITABLE EVENTS

Commr. Hill informed the Board that the Used Suitcases for Foster Care is this weekend. She noted that it will be held in conjunction with the Mount Dora Craft Festival, October 25th and 26th, 2002.

Mr. Sandy Minkoff, County Attorney, noted that Mr. Jim Dunkle, Computer Services, is getting involved in this event through his church and by working with the County Manager.

Mr. Bill Neron, County Manager, stated that Mr. Fletcher Smith, Director of Community Services, will also be working with the same individual during the holiday season, to put together a collection point at the Administration Building, but not necessarily this weekend, but perhaps in conjunction with the food drive.

LEADERSHIP LAKE COUNTY

Commr. Hill informed the Board that the Leadership Reverse Draw, which is for projects for Leadership Lake County, is tonight at the Elks Club in Tavares, at 6 p.m.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

MEDIA - DEVELOPMENT IN LAKE COUNTY

Commr. Hanson stated that she would like to take the opportunity again to speak mostly to the citizens of the County regarding the information that has been presented in the “The Orlando Sentinel - The Lake Sentinel”, which gives the impression that Lake County is giving all of the land over to the developers. She stated that the unfortunate part is that it only gives the citizens one viewpoint of one person and, in reality, the numbers of new housing units that are being approved by the County have dropped 83% from the early nineties to where they are today, an average of fewer than 450 new housing units approved by this Commission for the last four years, and this fact is not being presented to the public. She stated that permits are still being pulled, but these are on grandfathered lots that have been approved for the last century, from the 1920s, 1930s and 1950s or, in the cities and, where they were approved in the cities is where they should be approved because that is where the Comprehensive Plan says they will be. She stated that it is a real disservice that “The Orlando Sentinel - The Lake Sentinel” does not give the citizens the true facts, so that they can make up their own minds after having all of the facts, not just something that is a complete misrepresentation. Commr. Hanson stated that this is her only real opportunity to talk to the citizens, and she urges them to get involved and participate in the Academy 101, and to also come to these meetings, or watch the meetings on television, to find out what really is going on and get the facts, because obviously the news media, particularly “The Orlando Sentinel - The Lake Sentinel”, does not get these facts out.

REPORTS - COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2

ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY

Commr. Pool stated that, under his business, he has a discussion item regarding a request by the City of Mount Dora to allow the Orlando-Orange County Expressway Authority (Expressway Authority) to conduct a PD&E study for the extension of SR 429 into Lake County, and to acknowledge receipt of City of Mount Dora Resolution 2002-18 regarding the proposed SR 429 extension. He stated they are here today to give the Board some of their views and concerns, and the County needs to take an active part and be a participant. He stated that the corridors are going to take place with or without some of their wishes, but this is an opportunity to be a part of this process.

Mr. Ryan Donavan, City Council, City of Mount Dora, stated that Resolution 2002-18 is asking that they reopen the dialogue with the Expressway Authority, so that they can focus on all areas of Lake County. Mr. Donavan stated that they are very supportive of the Wekiva Basin Task Force, but they are not convinced that all of their best interest will be addressed by this Task Force. He stated that, in speaking with the Expressway Authority yesterday, they are looking forward to working with the Task Force, but they are still looking at coming to Mount Dora’s doorstep and are definitely coming west and, for all citizens of Lake County, it would be in their best interest to have a professional staff work with them.

Mr. George Ramano, City Council, City of Mount Dora, stated that he does not feel that dumping SR 429 in their backyard serves in the interest of a bypass. The citizens of Mount Dora do not feel that they want the added traffic that would be produced by SR 429. Mr. Ramano stated that any dialogue with the Expressway Authority would be appreciated by the City of Mount Dora.

Commr. Hanson stated that she sincerely appreciates the City of Mount Dora coming forward and she feels that the Resolution is very constructive and to the point. She also feels that the extension needs to be studied in a way so that they find the best route for all of Lake County now and into the future. She commends the City for taking the initiative to bring the issue up again, and she certainly supports it.

Mr. Sandy Minkoff, County Attorney, stated that the previous Statute required the Expressway Authority to get the Board’s permission before they could do work in the County, and they accomplished that through a contract with them, which they terminated. Mr. Minkoff stated that, assuming the Statute has not changed, the Board would open up that dialogue for a new agreement.

Commr. Pool stated that they can be absolutely assured that, by doing nothing on their part, something is going to happen on their part, and they can also be assured that, by not being there, they will have no input. The important issue is that they be there at the table to discuss this issue, and it would be prudent on their part to bring this back and allow opportunities for them to have full and open discussion with the Expressway Authority.

Mr. Jim Stivender, Director of Public Works, stated that Commr. Hanson will be representing the Board on the Wekiva Basin Task Force, and she has asked him, as well as a couple of staff members, to be there with her to represent Lake County, but that is going to deal with the Wekiva, which is a separate issue.

Commr. Cadwell questioned whether there was any chance, after their last meeting with the Expressway Authority, that they would be interested in talking to the Board in a public forum, in regards to their plans and where they are today.

Mr. Bill Neron, County Manager, stated that staff could invite them and also have some proposed action for the Board to take after the Expressway Authority’s presentation.

Mr. Gary Cooney, City Attorney, City of Mount Dora, stated that the Expressway Authority has been very cordial with the City of Mount Dora, and the City continues to have a representative at their meetings. Mr. Cooney stated that they provided them with a power point presentation on their current plans and answered questions of the Council, and the citizens. Commr. Stivender noted that staff has been working with the Expressway Authority, and someone has been attending their meetings.

Commr. Cadwell questioned whether there was a way to have a constructive meeting and inform the public that the discussion will be about this portion of the road, and that the Wekiva Basin Task Force is working on the Wekiva area, because these are two separate issues, but one entity is looking at both areas. He stated that the Expressway Authority has met with the City and told them that they are coming with this route, and they need to tell this Board the same thing.

After further discussion, Mr. Neron stated that staff will take the direction of the Board and contact the Expressway Authority and ask them to make a presentation at the November 12, 2002 meeting. Staff will notify all cities of the presentation and issue an appropriate press release, and he will be clear on the issue for discussion.

ADDENDUM NO. 1

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

DEPARTMENT OF COMMUNITY AFFAIRS - CITY OF GROVELAND

Mr. Gregg Welstead, Deputy County Manager, informed the Board that, as an information item, he is presenting the Board with the comments that staff is submitting to the Department of Community Affairs (DCA) with regard to City of Groveland Comprehensive Plan Amendment 02-2. Mr. Welstead explained that, over the past several months, the Board has expressed increased interest in how the County is interacting with the cities and towns within the County. He stated that staff needs to work harder on intergovernmental cooperation and, in the interest of keeping the Board appraised on various issues, Growth Management is submitting a response to the DCA on a recent annexation by Groveland.

Commr. Cadwell stated that the Florida Association of Counties (FAC), at their legislative conference, had a presentation on annexation, and the concern is throughout the State and, hopefully, in December, when they meet again, they are going to try and put together some legislative language with the League of Cities, to take to the legislature to help clear up some of the problems they have had over the years with the annexations. If that does not happen locally, they are going to have to push joint planning areas (JPAs). He stated that this is a prime example of why they should have been at the table ahead of time, before they got to this point.

In reference to the FAC meeting that he and Commr. Cadwell attended, Mr. Neron stated that he will be looking for an appropriate meeting in November to invite Ms. Sara Blakely Special Council to the FAC, to make the same informative presentation to the Board, as she made at their meeting and, at the same time, staff will notify the cities. He also stated that the Florida City/County Managers Association, in conjunction with both the League of Cities and the FAC, has had a committee working with Lance DeHaven-Smith, and their draft report was just issued last week. He will be sharing that report with the individual Board members. He noted that annexations and JPAs are going to be a focus for staff over the next 12 months, and they need to work hand in hand with their sister cities, and other local governments, to make progress in these matters, because they affect how they do business and serve the citizens in a lot of service areas. He stated that they are very cognizant of this and, in the past, some of the staff comments went to DCA relating to annexations without the knowledge of the Board, but the Board will be made aware of any future comments in this regard.

Commr. Hanson stated that she appreciates the comments in relationship to smart growth.

Commr. Stivender questioned the status of the JPAs that have been received by staff. Mr. Welstead explained that staff has been working with Howey-in-the-Hills and Montverde, and he has a draft from the City of Leesburg, and he and Mr. Neron will be meeting with Mr. Wayne Saunders, City Manager, City of Clermont, over the next few weeks.

Mr. Neron stated that he met with Mr. Saunders on some other matters, and he requested that staff move forward on the JPAs. He believes that the City of Clermont is having a meeting Thursday night, with the City Council of Minneola, to discuss some of their joint issues and, as they have said all along, a lot of the JPAs are city-city issues as well as city-county issues, and they are making some progress.

Commr. Stivender stated that the process for JPAs was ongoing before Mr. Neron got here, and she complimented him for the progress he has made on this matter. She asked that she be notified of the meetings with Howey-in-the-Hills and Montverde.

Commr. Hill stated that the Board needs to be consistent and, if they respond to Mr. Yarborough’s issue, then they need to respond to all requests, and the Comprehensive Plan requires that this be done on a staff level. She did agree with this as far as being a procedure.

Mr. Neron explained that his office receives legal notices and annexations almost every week, and right now they are concentrating on the larger ones, but they will be consistent on how they approach them.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:03 p.m.

ROBERT A. POOL, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMR/BOARDMIN/10-22-02/10-24-02