A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 18, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, November 18, 2003, 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: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Robert A. Pool. Others present were: Sanford “Sandy” A. Minkoff, County Attorney; William “Bill” A. Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
STUDENT GOVERNMENT DAY
Commr. Cadwell introduced the students who were present for Student Government Day.
AGENDA UPDATE
Mr. Bill Neron, County Manager, noted that there is an Addendum to the Agenda today, and staff is requesting that Tab 13, the request for final plat approval for Bent Tree, Phase 1, be pulled until the December 2, 2003 Board meeting.
MINUTES APPROVAL
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 3, 2003 (Special Meeting - Water Issues Workshop), as presented.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 14, 2003 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 16, 2003 (State of County Address), as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 21, 2003 (Regular Meeting), and October 21, 2003 (Special Meeting - Joint Meeting - School Board & Municipalities), as presented.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 27, 2003 (Special Meeting - Closed Session - Covanta), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 10, as follows:
Contractor Bonds
New
4766-05 Daniel M. Hayes (Signs)
4894-04 Bentley Pinder d.b.a. Bentley Pinder Construction
5018-04 William N. Varhol/Varhol Electric, Inc. (Electrical)
5291-04 Scott A. Bruehl d.b.a. Apopka Plumbing (Plumbing)
5488-04 Donald T. Smith/Smith Aluminum Inc. (Aluminum Specialty)
5970-04 Paul Bonadonna d.b.a. Central Florida Landscaping & Maintenance, Inc.
(Landscaping)
6005-04 David H. Stewart d.b.a. Power Link Solutions Inc.
6141-04 Michael W. Jones d.b.a. Randy Suggs Landscaping Inc.
6142-04 Mark Dail
6143-04 Chad Sartain d.b.a. Stoneriver Landscape, LLC
6144-05 Hidalgo Rangel
Cancellations
4844-03 Perry Collins
4878-03 Spencer D. Davis, Inc.
5755-03 Florida Home Guard Inc.
5875-03 Robert Tsacrios d.b.a. Tsacrios Plumbing
Riders
5560-05 Douglas Carver - Correct Bond Number
6060-04 Amend Name of Principal from Jerald A. Davis to Jerald A. Davis, Jr.
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Country Club of Mount Dora CDD
Request to acknowledge receipt from the Country Club of Mount Dora Community Development District, in accordance with Chapter 189, Florida Statutes, the list of their meetings for Fiscal Year 2004, which will be held at 8:30 a.m., at the Country Club of Mount Dora, 1900 Country Club Boulevard, Mount Dora.
Town of Lady Lake/Resolution
Request to acknowledge receipt of a copy of Resolution No. 2003-123 from the Town of Lady Lake, which was done and resolved by the Town Commission in regular session the 20th day of October, 2003.
Florida Division of Forestry/Reports
Request to acknowledge receipt of the Fire Management Program & Cooperative Forestry Assistance Program Annual Report for July 1, 2002 - June 30, 2003, from the Florida Division of Forestry Withlacoochee Forestry Center.
CWS Communities LP
Request to acknowledge receipt of the Notice of Application for a Transfer of Majority Organizational Control - Notice is hereby given on October 28, 2003, pursuant to Section 367.071, Florida Statutes, of the application for transfer of majority organizational control of CWS Communities LP, which is the holder of Certificate No. 518-W in Lake county. Any objections must be made in writing and filed with the Director, Division of the Commission Clerk and Administrative Services, Florida Public Service Commission, no later than thirty days after the last date that the notice was mailed or published, whichever is later. At the same time, as copy of said objection should be mailed to Nancy M. Burke, Katz, Kutter, Alderman & Bryant, P.A.
City of Mascotte/Ordinances
Request to acknowledge receipt of a copy of Ordinance No. 2003-10-340 , a Voluntary Petition for Annexation by Davis Grove Service, Inc., adopted by the City Council of the City of Mascotte on October 27, 2003, the original of which is on file in the City Hall.
Request to acknowledge receipt of a copy of Ordinance No. 2003-10-342 , a Voluntary Petition for Annexation by Robert and Tina Zanella, adopted by the City Council of the City of Mascotte on October 27, 2003, the original of which is on file in the City Hall.
Southwest Florida Water Management District
Request to acknowledge receipt of the Minutes of the August 26 and 27, 2003 Meetings of the Governing Board of the Southwest Florida Water Management District.
Southwest Florida Water Management District
Request to acknowledge receipt of the Agenda for the Southwest Florida Water Management District Governing Board Meeting scheduled for October 28 and 29, 2003.
Tax Deeds
Request to approve to transfer funds - unclaimed excess proceeds for tax deeds totaling $55,624.20.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 12, pulling Tab 13, as requested; and Addendum No. 1, I. A. and B, as follows:
Budget Transfer - Major Object
Request from Budget and Administrative Services - Fiscal Year 2002-2003 - budget transfer – Various Funds, Various Departments, in the amount of $1,044.197.00 is requested. County policy stipulates that actual expenditures cannot exceed the budget for a Major Object within a Fund. A Major Object includes: Personal Services, Operating Expenses, Capital Outlay, and Debt Service. Actual expenditures were in excess of the budget for several Major Objects in 11 funds, and one fund requires a correction to the budgeted Beginning Fund Balance. The largest adjustment ($960,299.00) is to reallocate actual road expenses by district to a new cost center for a new grant program. These adjustments and all others are being made from remaining balances in other line items within each Department’s budget. No reserves were used.
Budget Transfer - Fairgrounds
Request from Budget and Administrative Services - Fiscal Year 2003-2004 - budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, Special Services Division, in the amount of $110,000.00 is requested. Transfer $110,000.00 from Buildings to Improvements Other Than Buildings. Funds needed for the Fairgrounds Power Distribution System. County Finance has requested this project be classified in Improvements Other Than Buildings. Funds available in Buildings, budgeted for Fairground renovation.
Budget Transfer - Sales Tax Capital Projects
Request from Budget and Administrative Services - Year 2003-2004 - budget transfer – Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $228,768.00 is requested. Transfer $228,768.00 from Machinery & Equipment to Improvements Other Than Buildings. County Finance has determined that the fiber optic ring project for the Tavares campus should be classified in Improvements Other Than Buildings rather than Machinery & Equipment. Funds originally budgeted and available in Machinery & Equipment.
Budget Transfer - Building Services - Additional Personnel
Request from Budget and Administrative Services - Year 2003-2004 - budget transfer – Building Services Fund, Department of Growth Management, in the amount of $400,000.00 is requested. Transfer $400,000.00 from Reserve for Operations to Personal Services ($302,040.00), Operating Expenses ($6,100.00) and Capital Outlay ($91,860.00). On October 21, 2003, the Board of County Commissioners approved the request to hire additional personnel for Building Services due to increased construction volume levels.
Budget Transfer - Criminal Justice and CDBG
Request from Budget and Administrative Services - Year 2002-2003 - budget transfer – General Fund, Non-Departmental, in the amount of $9,073.00 is requested. Budget Transfer – Community Development Fund, Community Services Department, CDBG Division, in the amount of $1,046.00 is requested. The transfer amounts for Criminal Justice and CDBG were higher than originally budgeted and created a negative balance in the major object. These amounts are adjusted at the end of the fiscal year based on actual figures. Funds are available within each fund to cover this deficit.
Budget Transfer - Criminal Justice - Investments and Court Fines/Resolutions
Request from Budget and Administrative Services - Year 2002-2003 - Resolution 2003-201 to amend the Criminal Justice Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $8,027.00 deposited into Interest Incl Profit on Investments ($616.00) and Court Fines ($7,411.00) and provide appropriations for the disbursement for Transfers to Other Funds.
Branch Libraries
Request from Community Services for approval to close branch libraries on Saturday, December 27, 2003.
Libraries - Annual Festival of Reading
Request from Community Services for approval to hold the Lake County Library System’s Annual Festival of Reading and to solicit donations to support the event.
2003-2004 Annual Plan/Budget - Library System
Request from Community Services for approval and adoption of the Fiscal Year (FY) 2003-2004 Annual Plan of Service and Combined Budget for the Lake County Library System.
Amendment to 2000-2005 Consolidated Plan/Action Plan - Montverde Town Hall
Request from Community Services for approval of a minor amendment to the FY 2000-2005 Consolidated Plan Action Plan increasing the budget for the Montverde Town Hall restrooms project by $2,000.00 and reducing the contingency set aside for cost overruns by the same amount.
Bids - Encore Electric, Inc./Fairgrounds
Request from Public Works for approval and authorization to award Bid No. 03-142 to the lowest bidder, Encore Electric, Inc. in the amount of $81,400.00; authorization to encumber and expend funds from the Renewal Sales Tax Fund to meet this immediate need to address electrical power distribution and electrical safety issues at the Fairgrounds.
Tradd’s Landing Subdivision
Request from Public Works for approval and authorization to accept the final plat for Tradd’s Landing Subdivision and all areas dedicated to the public as shown on the Tradd’s Landing plat; accept a Surety Bond for Construction of Improvements in the amount of $2,836,715.65; accept a Developer’s Agreement for Construction of Improvements between Lake County and Tradd Land, Inc., a Florida Corporation and LouLou Hiresh, Individually. Subdivision consists of 321 lots – Commission District 2.
Ranch Club Subdivision
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $1,123,098.46; accept a Letter of Credit for Maintenance in the amount of $15,598.00; and execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Florida Land & Ranches, Inc., all relating to the Ranch Club subdivision.
Lease Agreement/Lake Agriculture & Youth Fair Assoc. Inc.
Request from Public Works for approval and execution of the Lease Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc.
ADDENDUM NO. 1
Budget Transfer - Sheriff’s Office
Request from Budget and Administrative Services for a budget transfer - Renewal Sales Tax Capital Projects Fund, Public Works, in the amount of $36,250.00 is requested. The Sheriff’s Office is requesting the replacement of two vehicles that were wrecked. Any insurance proceeds will be returned to the County. The total cost, including lightbars and other accessories, is $36,250.00. Funds are available in Special Reserve.
Purchase Agreement/Seidle
Request from Public Works for approval to execute a Purchase Agreement between Lake County and William D. and Betty Seidle, Robert K. and Tracy Seidle, and Michael A. and Michelle Seidle, for right of way in conjunction with the Citrus Tower Boulevard and Hook Street, Phase II projects in the Clermont area.
CITIZEN QUESTION AND COMMENT PERIOD
Commr. Cadwell noted that the Board has combined two meetings today, the regular meeting, and the zoning meeting, and there will be a citizen question and comment period before the public hearings on rezonings.
PUBLIC HEARING -
ROAD VACATION - PETITION NO. 1012 BY LAKE COUNTY PUBLIC WORKS
MOUNT DORA/SORRENT AREA - COMMISSION DISTRICT 4
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Road Vacation Petition No. 1012 by Lake County Public Works, to vacate right-of-way at the south side of SR 46. Mr. Stivender explained that the Handex property received a grant from the State a few years ago, with the understanding that they would locate their headquarters at this site; they did not locate their headquarters at this site, therefore, eliminating the use of the grant for the intersection improvements. The County is returning the right-of-way to them, per their request.
Commr. Cadwell opened the public hearing and called for public comment. It was noted that no one present 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. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Petition No. 1012 by Lake County Public Works, a request to vacate right of way at SR 46/Suneagle Intersection, located in Section 34, Township 19 South, Range 27 East, in the Mount Dora/Sorrento area – Commission District 4 - Resolution 2003-202.
PUBLIC HEARING -
REVOCATION OF CUPS - THOMAS K. DOUGHERTY
ROCKY MOUNT DEVELOPMENT CO., INC.
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, addressed the Board and stated that this is a revocation of Conditional Use Permit Numbers 910-3, 910A-3, 910B-3, 982-3 and 982A-3 relating to Thomas K. Dougherty, Rocky Mount Development Co., Inc., for a mine that is no longer in operation.
Commr. Cadwell opened the public hearing and called for public comment. It was noted that no one wished to speak in opposition to the request.
Commr. Hill wanted to know how this request fit in with the rezoning request (Tab 6) that reflects the same item.
It was clarified by staff that the item before the Board is the same as the item listed on the rezoning agenda, therefore, action by the Board at this time will address that issue.
Mr. Sandy Minkoff, County Attorney, explained that the applicants did not totally meet all reclamation requirements, but they did change circumstances by going into the city. He noted that a couple of months ago, in this case, the Board approved about a $37,000 fine.
There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the revocation of Conditional Use Permit Numbers 910-3, 910A-3, 910B-3, 982-3 and 982A-3 relating to Thomas K. Dougherty, Rocky Mount Development Co., Inc.
As noted, the action of the Board at this time addresses Rezoning Agenda No. 6 - CUP Revocation, Rocky Mount Development, Tom Dougherty, Tracking #107-03-CUP/REV, and the approval of Ordinance 2003-100.
PUBLIC HEARING -
ORDINANCE ADOPTING UPDATED FIRE AND RESCUE SERVICES
IMPACT FEES AND NEW PARK AND LIBRARY IMPACT FEES
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2003-99, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 22, LAKE COUNTY CODE ENTITLED IMPACT FEES; REPEALING CHAPTER 22, ARTICLE IV, SECTIONS 22-46 THROUGH 22-55 OF THE LAKE COUNTY CODE ENTITLED FIRE SERVICE IMPACT FEES IN ITS ENTIRETY; AMENDING SECTION 22-4 OF CHAPTER 22, LAKE COUNTY CODE PROVIDING DEFINITIONS; AMENDING SECTION 22-6 OF CHAPTER 22, LAKE COUNTY CODE PROVIDING FOR AN IMPACT FEE EVALUATION AND REVIEW COMMITTEE; AMENDING SECTION 22-11 OF CHAPTER 22, LAKE COUNTY CODE PROVIDING FOR PREPAYMENT OF IMPACT FEES; CREATING A NEW CHAPTER 22, ARTICLE IV OF THE LAKE COUNTY CODE ENTITLED FIRE RESCUE IMPACT FEES; PROVIDING LEGISLATIVE FINDINGS; PROVIDING FOR THE IMPOSITION OF FIRE RESCUE IMPACT FEES; PROVIDING FOR THE PAYMENT AND USE OF FIRE RESCUE IMPACT FEES COLLECTED; PERMITTING AN ALTERNATIVE CALCULATION OF FIRE RESCUE IMPACT FEES; PROVIDING FOR AN INDIVIDUAL CALCULATION OF FIRE IMPACT FEES; PROVIDING FOR CHANGES IN SIZE AND USE; PROVIDING FOR DONATIONS AND CREDITS FOR DEVELOPER CONTRIBUTIONS; CREATING A NEW CHAPTER 22, ARTICLE V OF THE LAKE COUNTY CODE ENTITLED PARK IMPACT FEES; PROVIDING LEGISLATIVE FINDINGS; PROVIDING FOR THE IMPOSITION OF PARK IMPACT FEES; PROVIDING FOR THE PAYMENT AND USE OF PARK IMPACT FEES COLLECTED; PERMITTING AN ALTERNATIVE CALCULATION OF PARK IMPACT FEES; PROVIDING FOR CHANGES IN SIZE AND USE; PROVIDING FOR DONATIONS AND CREDITS FOR DEVELOPER CONTRIBUTIONS; CREATING A NEW CHAPTER 22, ARTICLE VI OF THE LAKE COUNTY CODE ENTITLED LIBRARY IMPACT FEES; PROVIDING LEGISLATIVE FINDINGS; PROVIDING FOR THE IMPOSITION OF LIBRARY IMPACT FEES; PROVIDING FOR THE PAYMENT AND USE OF LIBRARY IMPACT FEES COLLECTED; PERMITTING AN ALTERNATIVE CALCULATION OF LIBRARY IMPACT FEES; PROVIDING FOR CHANGES IN SIZE AND USE; PROVIDING FOR DONATIONS AND CREDITS FOR DEVELOPER CONTRIBUTIONS; ADOPTING CERTAIN IMPACT FEE STUDIES; REQUIRING REVIEW OF THE IMPACT FEE STUDIES AND THE IMPACT FEE ORDINANCE; DECLARATION OF EXCLUSION FROM ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.
Ms. Wendy Wickwire, Impact Fee Coordinator, stated that the ordinance addresses the fire impact fee, the new parks impact fee, and the new library impact fee. Ms. Wickwire stated that she will turn the presentation over to Mr. Randy Young, Henderson, Young & Company, for a short presentation, and then she will present the recommendations of the Impact Fee Evaluation and Review Committee, and the Planning and Zoning (P & Z) Commission.
Mr. Minkoff informed the Board that Ms. Heather Encinosa, Nabors, Giblin, was supposed to be here today but, because she is ill, he will be filling in for her today.
Mr. Randy Young, Henderson, Young & Company, stated that he is here today to make a brief presentation on impact fees, and to primarily establish a clear public record of the calculations that they have done on their behalf and that are contained in the ordinance the Board is considering today. He noted that the Board members had been presented with an outline of his presentation. Mr. Young defined impact fees and stated that the agenda item today makes three changes and recommends the following: increasing the fire impact fee to a total of $410.95; a new park impact fee per house - $234.19; a new library impact fee per house - $201.16; for a combined total of all fees - $6,523.00. Mr. Young stated that the addition is an increase of $710, or the existing $5,808, which is approximately a 12% increase.
In response to Commr. Hanson’s question about the rationale used to develop the lower impact fees for mobile homes verus the conventional home, Mr. Young explained that, in the case of parks and libraries, it is based on the number of persons per household from the census data and, in the case of fire and rescue calls, it is based on the actual number of incidents and different kinds of land use, so there is a lower incident rate on those properties.
Ms. Wickwire noted that, in the backup, there was a list of recommendations from the Impact Fee Evaluation and Review Committee (Impact Fee Committee), and a list of recommendations from the P & Z Commission. She noted that the Impact Fee Committee recommended that Paragraph F, in Sec. 22-11, which establishes an expiration date for prepayment of impact fees one year from time of purchase, be deleted, but the P & Z Commission recommended that the paragraph be left in the ordinance. The Impact Fee Committee also recommended annually phasing in the fire impact fee at 60%, 70%, 80%, 90% and 95% over the course of five years. She noted that the current ordinance calls for updating the fees every three years and, if they phase them, as recommended, they will not reach the 95% level before they will be updating them again.
Ms. Wickwire reviewed the following recommendations made by the P & Z Commission:
Sec. 22-47 - Imposition (Fire Impact Fees) - Change Mobile Home rate from $157.00 to $160.00; and annually phasing in the fire impact fee at 60%, 70%, 80%, 90% and 95% over the course of five years
Sec. 22-48 - Payment and Use of Monies (Fire Impact Fees); Sec. 22-55 - Payment and Use of Monies (Park Impact Fees); Sec. 22-61 - Payment and Use of Monies (Library Impact Fees) - Additional language be added, as follows: in accordance with the County’s Investment Policy and applicable Florida States.
Ms. Wickwire stated that she would like to make one more recommendation, that the effective date of January 1, 2004 be changed to January 15, 2004, to be able to help customers with the prepayment option.
Commr. Hanson stated that the Board has received a lot of questions in the past as to why they had not implemented park impact fees and library impact fees, and she asked Mr. Young to explain this to everyone.
Mr. Young stated that, when they were first asked by the Board to help them with the impact fees, they did an evaluation of the County’s existing impact fees, and they observed that, not only did they not have a park impact fee, or library impact fee, but a number of years ago a technical study had been done for them documenting the possibility of such fees; however, at that time, the standards that had been adopted by the County were substantially higher than the standards they were able to afford for the existing population. The Board took the advise of their advisors, at that time, to not adopt a park fee and a library fee, for the reason being that they could not achieve the standards established in the Comprehensive Plan, because they were set at such a high threshold. Mr. Young stated that their recommendation to the Board a little over a year ago was to revisit those standards.
Ms. Wickwire informed the Board that Mr. Frank LaFleur, Public Safety Executive Coordinator; Mr. Bob Stevens, Parks and Recreation Director; and Ms. Wendy Breeden, Library Services Director, were here to answer questions.
Ms. Jean Kaminski, Executive Director, Homebuilders Association of Lake County, stated that the Board does have room to make some policy calls with impact fees because, when looking at the per capita basis for all of this, no one really knows what percentage of the people use these services, which could be taken into consideration. Ms. Kaminski asked the Board to delete the paragraph limiting the prepayments to one year, because it is a system that has worked quite well. In regards to the fire impact fees, those are collected by commercial. She presented a few examples of rate changes and noted that a 10,000 square foot government building today would cost $560; under the proposed fee, it would cost $17,500. Ms. Kaminski asked the Board to adopt the fire fee at a lower percentage, at no greater than 60%. In regards to the parks and recreation fee, Ms. Kaminski asked that the Board consider approving no greater than 90% to 95%, and to adopt the fee at a level no greater than 90% to 95% of the proposed amount on libraries.
Ms. Cecelia Bonifay, Akerman & Senterfitt, stated that she is here on behalf of a number of clients doing business in developing in Lake County, and she would like to echo some of the same sentiments of Ms. Kaminski. In terms of prepayments, the County is getting the benefit of that money and, if a developer is willing to pay all of those impact fees up front, then the year is too short of a time for them, and it may take longer than one year for them to move forward with their development. She noted that it was a recommendation of the Impact Fee Committee, to eliminate that new limitation. Ms. Bonifay stated that they would also support, given the time frame of the holidays, moving the effective date to January 15, 2004, which will benefit both for the business community, and County staff. In regards to the percentage, the Board has not done any of these fees at 100% in the past, and she felt it was a good idea to go with the 90% to 95%, to allow for possible errors, and to give them some flexibility. As to fire, while she knows they need those monies in terms of protection, she would suggest a lesser percentage to begin with for the fire fee
Mr. George Hansford, Vice President, Homebuilders Association, stated that he would like to echo Ms. Kaminski’s comments and point out that they feel real strongly about not tying the prepayments to one year. He heard that the creation of extra paperwork for the Building Department was the reason for this recommendation, and they would strongly suggest that the Board not limit the prepayment to one year.
Mr. Bill Neron, County Manager, stated that, with regard to the fire impact fees, the needs are there and, as they look at the possibility of phasing in those fees and, as they saw with the special assessment this year, some of those were for capital needs to keep up with growth. In some instances, if those fees are not generated through impact fees, more pressure may be placed on the need to increase the assessment side of the budget. In terms of public safety, staff feels there needs to be sufficient revenues on a timely basis, to make sure that those physical facilities and equipment are in place when they are needed.
Commr. Cadwell called for further comment. There being none, the public hearing portion of the meeting was closed.
Commr. Cadwell explained that the issue of prepayment basically came from him and, at this time, he asked staff if they could estimate the difference in collection of school impact fees, in terms of prepayment during that time period.
Ms. Wickwire stated that the County collected some where in the vicinity of $4 million in prepayments, and that money had been collected at the current rate, so it would have been three times as much. She noted that the student stations will be still be needed at the current cost. In terms of the logic behind phasing in the fire fee, she explained that this proposal came directly to the Impact Fee Committee from Ms. Kaminski.
Commr. Hill explained that the proposal of $137 was also on the table for consideration at that time, and the Impact Fee Committee felt that, with the increase of $137, maybe they could phase in the fire fee and drop the number to 60%. She stated that there was some question about the 45% actual numbers, as opposed to 55%, which are the numbers they actually consider to make that judgment call. Primarily she felt it had to do with the increase in the property tax to $137 and taking some of those costs off of that number and placing them on the impact fee, which they could do with capital and equipment.
Commr. Cadwell referred to the 12% increase, as discussed, which includes the three impact fees (fire, parks and library) and stated that, with the additional school impact fee, he would assume that the impact fee numbers have been driven upward percentage wise in the last couple of months.
Mr. Young stated that the numbers have increased substantially and it would make the increase probably more than the 100% range.
For clarification, Commr. Cadwell stated that he wanted everyone to acknowledge that the total amount of impact fees that the Board has increased over the last several months is a lot more than 12%. When the Board gets ready to adopt the ordinance, he would like to have separate motions on the recommendations that are not part of the agenda.
Commr. Hill stated that the proposed ordinance has gone through two committees, the Impact Fee Committee and their land planning agency, and there are minutes from the July 17,2003 and August 21, 2003 Impact Fee Committee meetings, where a lot of the questions being asked today were debated. She stated that the Board also has the November 4, 2003 P & Z Commission minutes, which were quite extensive, and she appreciates staff summarizing the recommendations from those committees. The Impact Fee Committee recommended the deletion of Paragraph F, and both committees recommended the 60% and phasing of the fire impact fee. There was a question about it coming back in three years for evaluation, and the phasing involving five years. She stated that, at three years, the Board is going to evaluate the fee, and it may be on track; they may not want to change it for another two years; and they may want to keep the phasing in place. Commr. Hill stated that she would like to keep it at that level, because the Board does not have to wait three years to do an evaluation.
Commr. Hill made a motion, which was seconded by Commr. Stivender, to delete Paragraph F, Sec. 22-11, which establishes an expiration date for prepayment of impact fees one year from time of purchase.
Under discussion, Commr. Hanson questioned whether the prepayment runs with the property, and Mr. Sandy Minkoff, County Attorney, explained that it does, although they allow transfers of them when a developer prepays for a large number of lots within the same district.
Ms. Wickwire explained that she currently has a large amount of paperwork for prepayments, with Commr. Stivender noting that, if it comes to fruition, she may need help with the tracking of them, and the County Manager can address this issue.
The Chairman called for a vote on the motion, to delete Paragraph F, as noted, which was carried by a 3-2 vote.
Commr. Cadwell and Commr. Pool voted “no”.
On a motion by commr. Hill, seconded by Commr. Stivender and carried by a 4-1 vote, the Board approved to accept the fire impact fee at 60% with phasing over five years.
Commr. Pool voted “no”.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to change the mobile home rate from $157.00 to $160.00.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following language, to be added to Sec. 22-48, Sec. 22-55, and Sec. 22-61, Payment and Use of Monies, for Fire Impact Fees, Park Impact Fees, and Library Impact Fees: “in accordance with the County’s Investment Policy and applicable Florida Statutes.”
Commr. Hill explained that the recommendation from both committees was 90%, with a 10% credit.
Commr. Cadwell explained that the reason for that in the past has been purely for a buffer, in case of error, but he felt that only a small buffer would be needed in this case. He recommended that the Board not give a discount of more than the 5%.
Commr. Hill made a motion, which was seconded by Commr. Stivender, to approve 90%, with a 10% credit.
Under discussion, Commr. Pool stated that they were trying to stay up with the needs and, if they voted for less than that, they will be falling behind. He felt they should go with 95%, but he would not argue over 5%.
After some discussion, it was clarified that the motion would be 90% of the figure that is in the ordinance.
Commr. Cadwell called for a vote on the motion, which failed by a 2-3 vote.
Commr. Hanson, Commr. Cadwell, and Commr. Pool voted “no”.
Mr. Young clarified that his assignment from the Board was to calculate the maximum legally defensible amount they needed to take the credit out of there, because the Board does have that money and, from that number, it is a policy decision as to whether they adopt 100% of that number minus the credit, or whether to reduce it further.
Commr. Pool stated that Ms. Kaminski did say 90% to 95%, and they are behind and they need to enhance and improve, and the only way they can do that is by these fees.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve 95%.
Under discussion, Commr. Cadwell clarified that this is going to take an additional 5% off of the numbers the Board has before them, which are the legally defensible numbers. It was also clarified that this is to apply to parks and libraries; they have already dealt with the fire fee.
Commr. Cadwell called for a vote on the motion, which was carried by a 4-1 vote.
Commr. Stivender voted “no”.
Mr. Minkoff asked that the Board include the new effective date, in the next motion.
On a motion by Commr. Hill, seconded by commr. Stivender and approved unanimously by a 5-0 vote, the Board approved Ordinance 2003-99, as read by title only, and as amended as follows: changing the effective date to January 15, 2004; Sec. 22-11 - deletion of Paragraph F establishing an expiration date for prepayment of impact fees one year from time of purchase; Sec. 22-47 - annually phasing in the fire impact fee at 60%, 70%, 80%, 90% and 95% over the course of 5 years; changing mobile home rate from $157.00 to $160.00; to include the following additional language in Sec. 22-48, Sec. 22-55, and Sec. 22-61 - in accordance with the County’s Investment Policy and applicable Florida Statutes; and approving the numbers at 95%.
Commr. Pool stated that he would like to thank Ms. Wickwire and staff, as well as the Impact Fee Committee and those who took part in this process, and to say that they really appreciate and applaud their efforts, and he really feels that Lake County will benefit greatly in the long run from these increases.
PUBLIC HEARING -
FEDERAL FISCAL YEAR (FFY) 2003-2005
LOCAL LAW ENFORCEMENT BLOCK GRANT
Mr. Fletcher Smith, Director of Community Services, addressed the Board to discuss the Federal Fiscal Year (FFY) 2003-2005 Local Law Enforcement Block Grant and stated that one of the requirements from the Bureau of Justice is that they have at least one public meeting, after the Local Law Enforcement Advisory Committee meets, for citizen input and comment on the recommendations of the Advisory Committee, for the use of those dollars. For this funding period, the grant amount if $180,965; this is $9,309 less than the last funding cycle. Of this $180,965, they will have to make a local match of $20,107, which the Sheriff’s Office will be paying. He noted that Lieutenant Nick Pallitto and Major Chris Daniels is here today to answer questions about the use of the funds. Attached to the backup is information about the equipment to be purchased, a Taser X - 26 E with Laser Sight, and a Vacuume Metal Deposition (VMD).
Commr. Cadwell opened the public hearing and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Federal Fiscal Year (FFY) 2003-2005 Local Law Enforcement Block Grant.
CITIZEN QUESTION AND COMMENT PERIOD
Maggy Jones Road
Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board to discuss Maggy Jones Road, which goes from CR 42 through the Royal Trails development and over to Highway 44. He understands that this road was actually constructed many years ago as an emergency road, and it really needs to be blacktopped. He has found through much research that blacktopping is not harmful to the environment. The completion of this road would help in emergency situations.
Mr. Hunter referred to an article in “The Daily Commercial” about an asphalt shortage and stated that the Department of Transportation (DOT) disagrees and has assured him that there is no shortage.
Commr. Cadwell stated that Mr. Hunter has discussed this item with him and, when the Board looks at roads again, they can discuss Maggy Jones Road one more time, but he has no comments to add to the discussion today.
Duel Structures
Ms. Barbara Schrivener stated that Commr. Hill is her representative from the Fruitland Park area, and she is here to address her problem about paying double taxes. She has a piece of property classified as double, or duel, or two dwellings. She felt that she should be paying half of what she is being taxed, $317.50 instead of $635. Ms. Schrivener asked that the Board consider establishing a committee, or panel, for someone like herself to appear before to discuss arguments of unfairness. She noted that there are other committees that address things like variances, and the County has a special master that hears appeals for the Value Adjustment Board (VAB). She made it clear that she has no problem paying taxes, but she does feel that she has reasons to be exempt from double taxation.
Commr. Stivender stated that she has heard about the same problem in her district, and she has met with Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, and staff has been looking at this countywide problem.
Mr. Sandy Minkoff, County Attorney, explained that the County Manager has a group of individuals looking at trying to make the definitions all the same. The group includes people from fire assessment, solid waste, building, and the Property Appraiser’s Office. They are in the process of rewriting the definitions, but it may not provide help for a totally second residence, but there are cases, such as pool houses that are behind a house, which are really not intended to be second residences that have been described in the past as a second residence. He stated that, if it is clearly a full, stand alone, second dwelling, it probably will not get relief from this definition change. They are looking at factors that will make such a determination, and it will take changes to both County ordinances next year.
Commr. Hill stated that she appreciates Ms. Schrivener addressing the Board, because individuals do speak better on this issue, when it applies to them. She stated that this is the only venue that Ms. Schrivener could appear before to discuss her concern, at this point, and now she has found that this problem exists in other areas of the County.
Wekiva River Basin Coordinating Committee/Task Force
Mr. Steve Vaughn addressed the Board and stated that he is proud of what Lake County has done, in terms of being involved with the Wekiva River Basin Coordinating Committee and Task Force, and he was very impressed with the presentation made by the County, the City of Eustis, and the City of Mount Dora on issues of concern. He wanted the Board to know that the County has a lot of people standing up for their position on these important issues including Commr. Hanson who has done an outstanding job representing the County, and he would like more people to get involved with the issues being discussed by the Committee and Task Force.
REZONING
REZONING CASE PH#68-03-1 - LONG FARMS NORTH, INC.
R-1 TO R-4 - TRACKING #102-03-Z
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, informed the Board that staff has received a request for postponement from the applicant, for Rezoning Case PH#68-03-1, Long Farms North, Inc., Tracking #102-03-Z, until January, 2004.
Commr. Cadwell opened the public hearing and called for public comment. It was noted that Ms. Cecelia Bonifay, Attorney representing the applicant, was present. There being no one in opposition to the request for postponement and no other public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for postponement of Rezoning Case PH#68-03-1, Long Farms North, Inc., Tracking #102-03-Z, until January, 2004.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
REFERENDUM/ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, addressed the discussion item on the agenda pertaining to the scheduling of a referendum on the March 9, 2004 ballot, for the purpose of determining public support for acquisition of environmentally sensitive lands. Mr. Welstead stated that the first meeting of the Environmental Lands Management and Acquisition Study Committee (Study Committee) met yesterday, which was created by the Board to establish the structure and criteria for such a program. The Committee asked that he convey to the Board their support of the March 9, 2004 date and urged the Board to maintain that date for the proposed referendum.
Commr. Hanson stated that Mr. Will Abberger is here from The Trust for Public Land, if they would like to hear from him. She stated that, at this point, the Board needs to direct staff to prepare a referendum, and the details behind it.
Mr. Sandy Minkoff, County Attorney, stated that the proposed referendum will take a formal resolution of the Board, with the ballot question and findings, which has not been done. The action today would be to direct staff to prepare that and bring it back to them for final adoption.
Mr. Will Abberger, Associate Director, Conservation Finance Program, The Trust for Public Land, stated that voters around the county two weeks ago again showed overwhelming support for land conservation measures. He stated that 67 out of 74 land conservation measures at the state and local level across the country were approved and that would be 83% of the measures that were put before the voters. Last April, the Committee that was appointed came to the Board and presented recommendations to them, and one of their main recommendations was to go forward with establishing a dedicated source of funding for land conservation particularly a general obligation bond. In May, he came before the Board and made a presentation about how The Trust for Public Land would explore the feasibility of going forward with such a dedicated funding source. Mr. Abberger stated that his recommendation today is for the Board to proceed with a referendum for a $36 million bond backed by a one-third mill property tax levy, to acquire and manage land to protect drinking water sources, preserve natural areas, preserve open space from over development, provide parks and trails, and improve water quality in rivers, lakes, and streams in Lake County, and that all of those expenditures under that program should be subject to an annual independent audit; and that the citizens’ advisory committee, as noted, be charged with using objective criteria to select land to acquire from willing sellers, only for the purposes that he just discussed. He stated that it was also important to remember that, when they establish a dedicated source of funding, they have a great potential to leverage those funds against state and water management district funding. Mr. Abberger stated that they are recommending that they go forward with the next election opportunity, which is March 9th, and that the measure be placed on that ballot. They believe that the voters in Lake County will support a $36 million bond, based on the public opinion survey they completed in September and noted that 64% said they would vote yes for such a measure. They have also been working to identify a broad based citizens committee to lead the educational campaign. He noted that Terry Godts, Chairman of the Environmental Land Management Study Committee, as well as others, were present today.
Mr. Skip Goerner addressed the Board and stated that he feels that the voting public needs to hear this issue during the presidential election, in November, because this election will bring out the vast majority of voters.
Mr. Steve Vaughn presented the Board members with a handout of information from the Department of Community Affairs (DCA) Report to the Wekiva Coordinating Committee and stated that people do not realize that Lake County has 66% of the acreage in the Wekiva River Protection Area (WRPA); Orange County has 16%; and Seminole County has 16.4%. He stated that the last page of information came from the Property Appraiser’s Office, which shows that Lake County encompasses 739,840 acres; 184,656 or one-fourth of all of the acreage cannot be taxed. After talking to many people in the County, he has found that they are getting tired of being taxed to death. As shown in the information, he feels that they are going too far with the idea of purchasing land, even though one-third of a mill is not very much. Mr. Vaughn stated that he is opposed to asking the taxpayers whether they want to buy land and, from the figures shown, they are not utilizing land that is already available to them.
Ms. Nadine Foley, Umatilla, stated that she is a member of the Public Land Acquisition Advisory Council and, at their first organizational meeting held yesterday, the members were in unanimous support of going ahead with the referendum in March. The Council is very confident that the majority of people will support the bond issue and, even if it passes in March, the collection of these funds will not occur until a later date. Ms. Foley explained that, even though they have been late in taking advantage of the available grant process, they will be getting involved with the matching fund program. The Council is enthused about having this put to the electorate, and she hopes the Board will proceed with the requirements of the Comprehensive Plan.
Mr. Rich Dunkel, Mount Dora, stated that he was on the original 27 member committee that recommended the acquisition program, and he is also on the education program. Mr. Dunkel stated that the referendum does include land management monies, and there is a lot of public land in Lake County but, unfortunately, it is not in the right places. One of the reasons that they would like to see it take place on the March ballot is because, in November, with a presidential, congressional, and state election, there is going to be very crowded airways and newspapers, which will make it very difficult to reach the people. It is fairness to the people to do it in March, so they can study the issues and query the officials involved.
Commr. Hanson stated that this issue goes back six or seven years ago when the Board did the Lake County tomorrow visioning process throughout the County, and this was a very highly rated item throughout the County. She believes that the best time to have this issue on the ballot would be in March, for the reasons just stated. The facts can be put out there, both for and against, at that time, and they will be able to separate it from all of the other elections going on at that time.
Commr. Stivender stated that this issue needs to move forward and it needs to be decided by the citizens, but she believes that most people vote in November, as shown by the records; they do not vote in March. She stated that an additional cost may also be involved if there is nothing else to be considered on the ballot.
Commr. Hanson stated that the Board had an election with a straw ballot referendum, in the early 1990s that involved solid waste, and the turnout was close to 50%.
Commr. Hill stated that, as elected officials, they should always support the position of letting the maximum number of voters participate when deciding on an issue, and she would support the November date, because they all support putting the referendum on the ballot.
Commr. Pool stated that he has heard from both sides on this issue, and he wants the issue to go forward as a voters initiative, and he personally believes that the March 9th time frame would get those that are opposed to it, and those that are for it, out to vote but, in reality, they would probably disenfranchise someone who comes out in November to vote. He is hearing the majority of the Board members say that they support the November election, because of the majority of people and, even though it may be confusing, he believes that they will get most of the people out in the November time, to make this decision. He appreciates Commr. Hanson taking the lead on this issue and bringing it forward but he does not believe that March is the best time.
Commr. Hanson stated that she personally believes there is enough support for it at either time, if the message is put out there, but she would rather see it move forward where people can really focus on that issue. She knows that will happen because the newspapers will do a good job educating people, and the opportunity is there for everyone to vote.
Mr. Sandy Minkoff, County Attorney, explained that, if it was done in March, it is unlikely that it could make the trim bill in August, but it might very well make that trim bill, if the Board acted quickly and, in terms of the borrowing, the borrowing will be for 20 or 25 years, so it will just change the beginning date of the due date of the bonds, because it is really not an effective date. They are authorizing the issuance of the bonds and authorizing the ad valorem to pledge it so, if it was passed in March, or November, it would give the authorization to sell the bonds, and the first repayment date is what would occur. What they are really talking about is a timing date of repayment, as opposed to when the money would be available.
Commr. Cadwell stated that he feels that they picked the March date because that is the best chance they have of getting it passed, but that is not the fairest way to do it and, if they are going to put it out there, they are going to need to give everybody a chance. It is a good issue, and he is planning on supporting it but, with everything they know about the whole situation, November is going to be a better date, because there is always a higher turnout at the polls and, even though he still thinks it is going to pass, this is probably what they should do.
Commr. Hanson made a motion to direct staff to prepare a resolution for a bond referendum for one-third mill, to be placed on the March 9, 2004 ballot.
The motion died for the lack of a second.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to direct staff to prepare a resolution for a referendum to be put on the 2004 general election ballot, for the purpose of determining public support for establishment of dedicated millage to provide resources for acquisition of environmentally sensitive lands by Lake County.
RECESS & REASSEMBLY
At 10:38 a.m., Commr. Cadwell announced that the Board would be taking a short recess, and then he will reconvene the regular meeting, for the purpose of going into a closed session.
CLOSED SESSION
At 10:45 a.m., Commr. Cadwell reconvened the regular Board meeting.
Mr. Sandy Minkoff, County Attorney, stated that Florida Statutes 286.011 allows the Board to meet in closed session, after the attorney makes the request, which his staff did at the last meeting. They can meet in private with their attorney and their chief administrative officer; the subject matter will be confined to settlement negotiations, or strategy sessions relating to litigation and litigation expenditures. At this meeting, they will be talking about the administrative trial, Lake County v. Orlando Utilities Commission (St. Johns); DCA v. Lake County (Comprehensive Plan amendment for Center Lake); and the Covanta case. The entire session will be recorded by a court reporter who will record when they begin and when they terminate and all of the discussion and the names of the persons present. They are required to give reasonable public notice of this meeting, which they did by advertising. They are to announce who will present at the meeting, the five Commissioners, Mr. Bill Neron, County Manager, and himself; and Mr. Doug Manson, an outside attorney, and Ms. Melanie Marsh, Assistant County Attorney. The estimated time of the meeting will be approximately an hour, for this discussion. At this time, the Board met in closed session.
RECESS & REASSEMBLY
At 12:03 p.m., Commr. Stivender reconvened the regular meeting and announced that the closed session was now closed, and the Board will continue with its regular agenda, and the rezoning public hearings.
COMMISSIONERS
Commr. Stivender noted that Commr. Cadwell had to leave the meeting for a family emergency.
REZONING CASE PH#69-03-3 - LAWRENCE AND ROBECCA QUAMMEN
AR TO A - TRACKING #101-03-Z
Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, addressed the Board to discuss Rezoning Case PH#69-03-3, Lawrence & Rebecca Quammen, Tracking #101-03-Z, a request for rezoning from AR (Agricultural Residential) to A (Agriculture), to build a single family residence, and a second residence for Mrs. Quammen’s elderly parents. The property is approximately 12.04 acres located within urban expansion. The owners stated that Mrs. Quammen’s parents medical problems necessitate the construction of the second residence. The proposed rezoning does not conflict with the Land Development Regulations (LDRs) and is consistent with LDR, Section 3.00.04, and it is consistent with Comprehensive Plan Policy 1-1.5(2). Staff is recommending approval of the request.
Commr. Stivender opened the public hearing and called for public comment. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Stivender noted that the request is in her district, and she is in favor of it.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to uphold the recommendation of the Planning and Zoning Commission and approve Rezoning Case PH#69-03-3,Lawrence & Rebecca Quammen, a request for rezoning from AR (Agricultural Residential) to A (Agriculture), a request to build a single family residence, Tracking #101-03-Z, Ordinance 2003-101.
REZONING CASE CUP#03/11/1-3 - HILLANDALE FARMS, INC.
AMEND CUP#87/8/4-2 - TRACKING #104-03-CUP/AMD
Mr. Rick Hartenstein, Planner, Planning and Development Services, addressed the Board to discuss Rezoning Case CUP#03/11/1-3, Hillandale Farms, Inc., Tracking #104-04-CUP/AMD, to add an additional two chicken houses to the permitted and existing five chicken houses and increase the maximum number of chickens from 600,000 to 930,000 chickens. The parcel is a little more than 40 acres, and it is located in the suburban land use category. The surrounding properties are zoned agriculture. There are wetlands to the west, and they are proposing to expand to the north. Mr. Hartenstein stated that he personally inspected the site, and they were in compliance with the Conditional Use Permit (CUP), as it exists today. He asked Code Enforcement to go back several years in their records and check on complaints, and there has not been any valid complaints. He reviewed the pictures in the backup material and explained that, after a thorough review, staff found that they were in compliance with the existing CUP and that the additions, as requested, are in compliance with the Land Development Regulations (LDRs), and the Comprehensive Plan. Staff is recommending approval of the request. The Planning and Zoning (P & Z) Commission recommended 10-1 to amend the existing CUP to allow for an additional two chicken houses to the existing five chicken houses, to increase the maximum number of chickens from 600,000 to 930,000, and to request a new letter of credit. There are zero letters of support; one letter of opposition; and a petition with 95 signatures opposing the request. Mr. Hartenstein noted that there was no letter from the City of Mascotte, but there was a representative present.
Commr. Stivender opened the public hearing and called for public comment.
Mr. Ray Chambers, Quality Assurance Compliance Manager for Hillandale Farms, a Florida corporation, addressed the Board and stated that they have seven farms throughout the panhandle of Florida. Mr. Chambers stated that they are an egg producer and exclusively pack for companies such as Publix Supermarkets, Winn-Dixie Supermarkets, Wal-Marts, Waffle House, and Cracker Barrel. He appreciates the remarks made by staff that this is a well managed farm and that they have an exemplary record.
Commr. Pool stated that the petition addresses a couple of concerns, and one of the letters addresses a fly infestation, and he asked Mr. Chambers what they do to minimize, or eliminate, this problem.
Mr. Chambers explained that a dry manure process can be used to help eliminate such a problem but, in looking back at the dates of the complaints, he assured the Board that they have not had those kind of complaints for some time. He stated that they are required to manage their sites according to the CUP. In regards to the other issue brought forth by Commr. Pool regarding expired birds, Mr. Chambers explained that they are required, under the Department of Agriculture, to remove those birds daily, and they are taken to a certified landfill.
Mr. Hartenstein addressed the best management practices and stated that, when the 1987 CUP was modified and the dry system was put into place, it was through the University of Florida that they work closely with the Department of Agriculture to design this system. He took a tour of the site in question, and the farm manager explained to him how this closed environment works, and the CUP has requirements for the use of pesticides to take care of the fly infestation. Mr. Hartenstein explained that, when he contacted Code Enforcement, he requested that they go back two years for any valid complaints, and it was noted that there were no valid complaints on that site for the last several years and, even though there were complaints about flies, the complaints were not valid. He stated that the ordinance is basically identical to the 1987 CUP ordinance, with the addition of the two chicken houses, as being requested, and it says that they are to use best management practices. In terms of a bond, the old one had expired and they are in the process of getting new language drafted for a letter of credit, in the amount of $50,000 as required by the ordinance.
Commr. Hill stated that the County has so few and far between commercial ventures of this type left in the County, and she commends the applicant for the good work that they have done. They are a good established business in this community and, as the Commissioner to the agriculture community, she appreciates everything they have done to comply with the County.
Mr. Jim Shirah, B & H Consultants, stated that they are the consulting firm for the City of Mascotte. Mr. Shirah stated that he has a copy of a letter that the City Manager sent to the Commissioners and, even though it is unsigned, it was intended that the County would have a letter indicating that the City of Mascotte was not in favor of this action. He stated that the implication was made that around that property, particularly on the east and south side, the property is zoned agriculture and is outside of the city limits, and neither of those statements were correct. The property to the immediate east, about 200 acres, is currently zoned single family/multi-family, and it is in the city, and part of the property to the south is currently single family low, and about 40 acres of it is inside the city limits; therefore, there is no buffer left and the city is right up against the property in question. Mr. Shirah explained that, in the next two years, there will be 600 plus or minus single family residences on the 200 acres and 40 acres, which will be about 2,000 people right next to this property; there is no buffer, or intervening land. In 1987, when this was first brought to the Board, it was in the middle of nowhere, but the area is growing. The City is not asking that the egg farm go away, and they are not saying they are a bad neighbor. The City is only concerned that it is the abutting neighbor to the egg farm, and there will be homes on the property immediately adjacent to the egg farm and, with the potential for many more chickens and, with the possibility of future problems, there will be many people right next door who will suffer the consequences of those problems. The City is asking that the Board take into account the fact that conditions, and the nature of the property surrounding the site, has changed over the years and will change dramatically in the next two years, and he is requesting that the Board deny the request to expand the use of this property.
Commr. Hill wanted to know if the City of Mascotte was making any provisions, since the chicken farm was there first, on land buffering and landscaping for those homes.
Mr. Shirah explained that there will be landscape buffering requirements, as required for any other commercial, or agricultural use, but the City is not concerned about the visual effect of this property; it is the environmental effect and the fact that it was consistent with the area at the time it was originally established, but now the city is right next to it.
Mr. Shirah clarified that Cardinal Pines West is a completely developed and occupied subdivision, and the 80 acres to the north of that subdivision has been annexed into the city, so there will be more than 2,000 people, as noted earlier, that will be occupying this area.
Ms. Donna Gruembach stated that she lives in Cardinal Pines, and she personally has two fly strips in her garage, one in her living room, and one in her kitchen, because the flies are bad. She has 116 signatures from the residents of East and West Cardinal Pines who say they do not want any more chickens there, because the smell and the flies are so bad. She felt it was somewhat better last year but, because they knew they wanted to expand their operation, they tried a little harder and, if they add more chickens, it is only going to get worse. Ms. Gruembach stated that they do not want them to go away; they just do not want them to add any more. She submitted the petition with the signatures to the Deputy Clerk, and it was entered and marked as Exhibit O-1 for the opposition.
Mr. Hartenstein stated that there has been no planting of anything around the chicken house itself, or the perimeters of the property, but the Board can entertain the idea and add restrictions to the CUP for a landscape buffer on the east and south sides.
In response to Commr. Stivender’s question concerning the City of Mascotte’s Joint Planning Area (JPA) agreement, Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that they have had some preliminary discussions only.
Commr. Stivender called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Stivender stated that the request for rezoning is in her district, and she feels that, as stated by Commr. Hanson, they could put some type of vegetative buffer along the boundary lines, because she does think that they still need to have agriculture in this County and, with more people coming into the County, they are running the agriculture ventures out of it.
Commr. Hill made a motion, which was seconded by Commr. Stivender, to uphold the recommendation of the Planning and Zoning Commission and approve Rezoning Case CUP#03/11/1-3, Hillandale Farms, Inc., Tracking #104-03-CUP/AMD, a request to amend existing CUP#87/8/4-2 to add an additional two chicken houses to the existing five chicken houses, to increase the maximum number of chickens rom 600,000 to 930,000, and require a new letter of credit.
Under discussion, Commr. Hanson stated that, with her background in agriculture, she certainly supports agricultural enterprises, and she appreciates the efforts the applicant has made in the past years, because she remembers in the early 1990s, the Board got a lot of complaints, and staff was spending a lot of time at the facility checking out all of those complaints. She stated that any time you have a farm, whether it be dairy farm, a poultry farm, or a swine farm, you are going to have flies, and you are going to have odors. Her big concern was that, if this was in another area of the County not quite so close to a town that is expanding its borders, she would support it, but she will not support it today, however, she thinks the City has some responsibility in creating buffers between what is agriculture and what is urban.
Commr. Pool stated that he supports the farm that is there today, and he wants it stay in the same location, but he does sympathize somewhat with the City, and he knows people have built out in that area, with the understanding that the farm is there, but they did not have an expanded farm on the horizon, which is the key here today. He stated that they want to support the farm; they want to support the residents; and by an expansion, it could only increase the possibility of problems. Commr. Pool stated the he will not be able to support the motion for an expansion.
Commr. Hanson stated that some improvements could be made to the situation such as the a provision in the CUP to add a landscaping buffer. She stated that there could be other things that staff could look at aesthetically that might go a long way in mitigating the problem.
Mr. Hartenstein clarified that, if the applicant is not allowed to expand, then they would have to adhere to the current CUP, and he feels that they are following best management practices and, in some instances, they may even be exceeding a few of them.
Commr. Stivender asked Mr. Chambers whether tabling the issue until a full Board was present would hinder him in any way financially, or otherwise.
Mr. Chambers stated that he did not feel it would hinder him in any way, however, he would appreciate the opportunity to rebut a couple of things. He stated that their farm was there before the city expansion was even thought about and, as other businesses in the State of Florida, they are being inundated by folks coming into Florida. He explained that the number of customers is growing and they have to be in position to expand their farm. He appreciates the comments from those who have been in farming and knowing that, if someone has a farm, they are going to have a certain amount of smell and possibly flies, or snakes, but he did not think that a farm operation could be any better managed than their farm. He stated that they operate under the Department of Agriculture, and they have to survey their operation. They are audited by the USDA annually and, being in the feather business for 45 years, he has never seen a time when it was any more thorough from a sanitation standpoint than it is today. If the Board requires buffering with the expansion, they would have to adhere to the requirements of the CUP. In this particular area, there is no other place for them to expand. Mr. Chambers explained that agriculture is being pushed into north Florida and south Georgia but, if they have to plant pine trees around the operation, he did not think that would be a real hindrance, and it could probably be done.
Commr. Pool stressed that where the farm sits is not a concern of his and he has not had an actual site visit but, when he hears from over 100 residents who say they have fly problems, he has to understand that it might be true and that more chickens will create more flies. He applauds them for what they are doing now and he is glad they are in the County and, because he has an agricultural background, he recognizes the need for continuation of food sources, but more chickens will probably create more flies.
Mr. Hartenstein explained that there was no outstanding number of flies, when he visited the site, and he did a thorough visit of the entire acreage. He pointed out that he was the Code Enforcement officer who used to inspect this facility years ago.
Commr. Pool felt that tabling the issue may be a benefit and he would like to suggest a 30 day extension, until he could do a little of his own research, and a full Board could be present.
Commr. Hill withdrew her motion to approve the request, and Commr. Stivender withdrew her second to the motion.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to table Rezoning Case Rezoning Case CUP#03/11/1-3, Hillandale Farms, Inc., Tracking #104-03-CUP/AMD, a request to amend existing CUP#87/8/4-2, until a time certain, in December.
Under discussion, Commr. Stivender explained that this will allow the Commissioners time to visit the site, and staff to work with the applicant on some buffering.
Commr. Hill clarified that, if the Board postpones the request today, it does not mean that they have denied the request and that is why she removed her motion.
Commr. Stivender called for a vote on the motion to postpone the request for 30 days, until December, and the motion was carried unanimously by a 4-0 vote.
REZONING CASE PH#72-03-1 - DAVID FOGLE - DIVISION OF FORESTRY
A TO CFD - TRACKING #106-03-CFD
Mr. Rick Hartenstein, Planner, Planning and Development Services, addressed the Board to discuss Rezoning Case PH#72-03-1, TIITF Department of Agriculture/Division of Forestry, Tracking #103-03-CFD and stated that the request is to correct a nonconforming zoning. He explained that, when the fire station and fire tower were constructed years ago, it was agriculturally zoned. They now would like to expand an additional office building on site. The request is in compliance with the Comprehensive Plan and the Land Development Regulations (LDRs), and staff is recommending approval. The Planning and Zoning (P & Z) Commission recommended approval 11-0, to allow the applicant to keep and maintain the two existing access points, one on Poe Street and on SR 44.
Commr. Stivender opened the public hearing and called for public comment. She noted that the applicant’s representative, Mr. David Fogle, Supervisor, Division of Forestry, was present. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#72-03-1, TIITF Department of Agriculture/Division of Forestry, Tracking #103-03-CFD, a request to allow the applicant to keep and maintain the two existing access points, one on Poe Street and on SR 44, Ordinance 2003-102.
REZONING CASE PH#70-03-2 - CRAIG KARST/KARST, INC.
AMEND PUDTRACKING #103-03-PUD/AMD
Mr. Richard O’Brien, Senior Planner, Planning and Development Services, addressed the Board to discuss Rezoning Case PH#70-03-2, Craig Karst/Karst, Inc., a request to recognize revised yard standards through the reduction of specific yard setback area along Wilkinson Drive within the commercial portion of the Westchester PUD from 50 feet to 25 feet, to accommodate compatible building and parking locations. Mr. O’Brien explained that the southern portion of the site has already been developed. Staff finds the request for the reduction along Wilkinson Drive to be an efficient and logical design on the on-site circulation patterns, and it is consistent with the spirit and intent of the Comprehensive Plan and Land Development Regulations (LDRs), and staff would recommend a conditional approval contingent upon access limitations along Wilkinson Drive, as outlined in the ordinance. In the process of the review, staff found that about six months ago, some residents had expressed a concern about the shared traffic volume into the residential portion of the development, by the existing commercial facilities located on the corner, specifically entering onto Wilkinson Drive. At a Development Review Staff (DRS) meeting, it was concluded that they would recommend a condition to limit traffic coming onto Wilkinson Drive, as initially shown on their site plan, and to provide for a more direct access onto Highway 27. The ordinance with the staff report does not reflect that language; it will be incorporated in the ordinance, if the Board approves the request. Staff is recommending approval with that condition.
Mr. Greg Crawford, Engineering and Design Group, stated that he is representing the applicant. Mr. Crawford explained the site plan that they had submitted with their request and stated that, to the south is an Easy Lube, and there was a frontage road that allows some parallel access along US 27, but there is a billboard that ends up being located to the south, which precludes them from having access going back and forth. After hearing complaints from the neighbors, they proposed a right-in, right-out only along US 27, which will allow a circulation pattern into and out of the commercial without having cut through traffic to the back road, and it would also minimize the amount of commercial traffic for this site along Wilkinson. Mr. Crawford stated that they have no objection to the change being presented.
Commr. Stivender called for further public comment. No one present wished to speak in opposition to the request. There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#70-03-2, Karst Inc./Westchester - Craig Karst, Tracking #103-03-PUD, for reduction of specified yard setback areas along Wilkinson Drive within the commercial portion of the PUD from 50 feet to 25 feet, to accommodate compatible building and parking locations contingent upon access limitations along Wilkinson Drive, Ordinance 2003-103.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
INTERLOCAL AGREEMENT -
LOCAL GOVERNMENTS AND SCHOOL BOARDS
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, explained that the local governments and school boards are now required by Senate Bill (SB) 1906 to enter into interlocal agreements to address certain issues. This process was undertaken by the East Central Florida Regional Planning Council, through a grant from the Department of Community Affairs (DCA), and the document meets all of the minimum requirements of SB 1906 and provides them with a means for cooperation. In regards to school siting, the School Board is currently in the process of selecting a new school site, and they have included him, as well as Mr. Jim Stivender, Director of Public Works, and Ms. Amye King, Principal Planner, on that site selection committee. He noted that the site mentioned does not involve one of the cities.
Commr. Hill questioned whether the interlocal agreement requires more of the applicant than the County’s Land Development Regulations (LDRs).
Mr. Sandy Minkoff, County Attorney, explained that the lawyers and the city managers prepared this draft, and it is the minimum amount that was necessary to get DCA apprroval.
Commr. Hill referred to Section 2, Paragraph (b), where it states that the proposed site plan will indicate the location, size, number and types of units (number of bedrooms), price range of the units and stated that she did not recall this being in the LDRs.
Mr. Minkoff explained that initially the parties were wanted a copy of every single building permit the County issued. The parties are now comfortable with a format that they developed to present information back and forth to one another.
Commr. Hill stated that it further states it is going to be a public participation, and she does not see where that is identified in the agreement. It appears that each government entity will be provided a copy of the proposed amendments, but it is saying that just government entities are going to be the parties that propose the written amendment and execute it, but it does not say anything about public hearings. Also, under Paragraph 10, it states that each local government in the County will include a representative appointed by the School Board, as a member of the Local Planning Agency, with said member being designated annually by the School Board, and she questioned whether they will follow the Board’s policy where the members sit for four years.
Mr. Minkoff explained that, in their case, the representative would resign and the Board would recommend someone to take his place, and then it would appoint that successor. He further explained that some of the cities have already adopted this interlocal agreement, and everyone is scheduling it for this month for adoption, and it is not a requirement to have a public hearing for adoption. The agreement is aimed at coordination and information sharing between the School Board, and the local governments. There are no additional rules for private development; it is strictly information exchanged and how the School Board sites new schools to cooperate with other local governments.
Commr. Hanson stated that she was glad to finally see this in writing and that they will have shared use of school libraries and parks and infrastructures.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Interlocal Agreement for Public School Facility Planning between the Lake County Board of County Commissioners, the Cities of Astatula, Clermont, Eustis, Fruitland Park, Groveland, Howey-in-the-Hills, Lady Lake, Leesburg, Mascotte, Minneola, Montverde, Mt. Dora, Tavares, Umatilla and the School Board of Lake County, Florida.
LOCAL AGENCY PROGRAM (LAP) AGREEMENT/FDOT/ASTATULA
Mr. Jim Stivender, Director of Public Works, explained the request for a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT), to build a sidewalk in Astatula near an elementary school, and it would be funded by the State; the County will get the money back after July, 2004. Staff would like to move forward with the agreement, and with the understanding that they are going to bid it out and fund it locally, and then they will get reimbursed by the State.
Commr. Stivender stated that the request is in her district, and she is in favor of it.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the adoption of Resolution 2003-203 and execution of the Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT) for County Road 48 Sidewalk Construction Project FM. No. 412142-1-A8-01 and approval of the budget transfer for funding.
Mr. Stivender informed the Board that staff is working on the sidewalk program, and this will be a part of that bidding process. Staff has also found out that the signal is warranted at the intersection of CR 48 and CR 561 and, therefore, this may be done as part of those projects. They will research and evaluate their best option and go forward with it.
OTHER BUSINESS
RESOLUTIONS/AFFORDABLE HOUSING ADVISORY COMMITTEE
It was the consensus of the Board to table the request for approval and execution of the Resolution appointing members to the Affordable Housing Advisory Committee, until Commr. Cadwell is present.
APPOINTMENTS/TRANSPORTATION DISADVANTAGED
COORDINATING BOARD
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the appointment of the following individuals to vacant positions on the Transportation Disadvantaged Coordinating Board: Susan Davidson (term ending June 17, 2006); and Lawrence P. Powers (term ending October 12, 2005).
REPORTS - COUNTY ATTORNEY
SETTLEMENT AGREEMENT - GERTRUDE MORSE, ET AL
Mr. Sandy Minkoff, County Attorney, explained that this is a Code Enforcement case where a $4,500 lien was imposed against property owned by the Morses. One of the heirs has brought the property into compliance and this is a Settlement Agreement to accept $675 to cover the County costs. Staff is recommending approval.
On a motion by Commr. Pool, seconded by commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Settlement Agreement between Lake County v. Gertrude Morse, et. al., County Court Case Number 2003-CC-2076 and approval of Satisfaction and Release of Lien, as recommended.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, noted that this is an annual contract with the Justice Administrative Commission, to reimburses the County for the costs of providing lawyers to parents where the State is attempting to take children away from their parents. The amount will be about $67,000.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Grant-in-Aid Agreement for child dependency between the Justice Administrative Commission and the Lake County Board of County Commissioners.
REPORTS - COUNTY MANAGER
INTERLOCAL AGREEMENT/CITY OF LEESBURG/MAIN STREET PROJECT
Mr. Bill Neron explained that, under the original agreement with the City of Leesburg, the County was to reimburse them $100,000.00 a year for four years, for the Main Street project. After discussion with the Board, staff is requesting that the County pay the City the full amount of $400,000.00.
On a motion by Commr. Hill, seconded by commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval of the amended Interlocal Agreement with the City of Leesburg, to pay $400,000.00 as a one-time expenditure for their Main Street project.
REPORTS - COMMISSIONER HILL - DISTRICT #1
Student Government Day
Commr. Hill stated that she appreciated all of the young people being here today, and she hoped that they would continue to have a good day.
REPORTS - COMMISSIONER POOL - DISTRICT #2
Clermont Police Department/Accreditation
Commr. Pool announced that the Clermont Police Department is going through their accreditation, and they will be the first Police Department in Lake County to be fully accredited and they would like to have some comments. It will be Wednesday, November 19, 2003, between the hours of 1 and 5 p.m.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
St. Johns River Water Management District/CUP/Utilities
Commr. Hanson stated that, when they met with the St. Johns River Water Management District (SJRWMD) a couple of weeks ago to discuss the water supply issue, there was a concept put forth by the SJRWMD that the cities and the County join together and create an alliance for water issues. Staff is looking at that concept, and the cities seem receptive to the idea and, as they work through the Conditional Use Permit (CUP) process, they could help the cities and go forward with one CUP possibly to the SJRWMD rather than having all of the different utilities going individually for their permits. She feels this is a very positive direction, and she will keep the Board posted on this issue.
United Way
Commr. Hanson informed the Board that United Way has asked that she and Mr. Bob McKee, Tax Collector, send a letter to folks in The Villages seeking funds for United Way, and she wanted the Board’s permission to put that on letterhead and should not be a huge expense. It was the consensus of the Board that Commr. Hanson should proceed with her efforts.
REPORTS COMMISSIONER STIVENDER - DISTRICT #3
PEAR Project
Commr. Stivender informed the Board that there was a planting at the PEAR site on Saturday, which is in her district, and Commr. Hill is the liaison. They planted 300 cypress and maple trees, and they potted 1,200 plants that will be used all over the County in different parks. There were about 25 people there, with a lot of them being from Plantation, as well as Sorrento, and the volunteer program is working very well in that area.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:05 p.m.
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WELTON G. CADWELL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK