A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 26, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, February 26, 2008, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Debbie Stivender; Elaine Renick; and Linda Stewart.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Sandra Carter, Deputy Clerk.

INVOCATION

Reverend Karen Burris, from the Morrison United Methodist Church in Leesburg, gave the Invocation and led the Pledge of Allegiance.

INTRODUCTION

The Chairman announced that Ms. Joann Jones, a professor at the University of Central Florida and Lake-Sumter Community College, was present at this meeting doing an internship for Leadership Lake County.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that Tab 23, under Other Business, a request to appoint an individual to a vacant at-large seat on the Local Planning Agency (LPA) was being pulled from the Agenda, due to the fact that it had already been addressed at the previous Board Meeting.

COUNTY MANAGER’S CONSENT AGENDA

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

            Budget

            Request for approval of Resolution No. 2008-23, to amend the Parks Capital Projects Fund, in order to receive unanticipated revenue for Fiscal Year 2008, in the amount of $200,000, deposited into FDEP Grant; and provide appropriations for the disbursement for Improvements - PEAR Park ($21,218), Improvements - Twin Lakes ($72,303), Improvements - Pine Forest ($68,719), and Improvements - Undesignated ($37,760).  Lake County was awarded a Florida Recreation Development Assistance Program (FRDAP) Grant from the State of Florida, for the purpose of providing park improvements.

            Community Services

            Request for approval and authorization for the Chairman of the Board of County Commissioners to sign the amended contract between Lake County and LifeStream Behavioral Center, Inc., to provide community alcohol and mental health services and programs to the citizens of Lake County.

            Environmental Services

            Request for approval of Agreement between Lake County and the Lake County Water authority, in the amount of $20,000, for maintenance of the Lake County Water Atlas - Commission District 5.

            Public Works

            Request for approval to accept a performance and payment bond, in the amount of $1,404,348.17, as surety for a Developer's Agreement between Lake County and Weingarten I-4 Clermont Landing, LLC, KMH Limited Liability Company, Homer N. Allen, and Real Life Christian Church of Clermont, Inc., for construction of Steve’s Road Phase III - Commission District 2.

            Request for approval of Resolution No. 2008-24, authorizing the reduction of the speed limit on a portion of CR 466A (5803), from the Sumter County Line to 200’ west of Marguerite Avenue, from 55 mph to 45 mph, in the Fruitland Park Area - Commission District 1.

            Request for approval of Resolution No. 2008-25, authorizing the posting of “No Parking on Right of Way” signs on West Huff Road (5789), in front of Seminole Springs Elementary, in the Eustis area, in Commission District 4; on CR 561 (0634), in front of Pine Ridge Elementary, in the Clermont Area, in Commission District 2; and on Schoolview Street (4905B), in front of Rimes Elementary School, in the Leesburg/Fruitland Park area – Commission District 1.

            Request for approval to terminate the Agreement between Lake County and the City of Leesburg, for rental lighting services on US 441, from College Drive to CR 473 - Commission District 1.

            Request for approval to file the Declaration of Restrictive Covenants for Twin Lakes Park with the Clerk of the Court, as required by the Florida Department of Environmental Protection (FDEP), Florida Recreation Development Assistance Program (FRDAP), Project No. F06097, on the 14.50 acres owned by the County - Commission District 1.

            Request for approval to file the Declaration of Restrictive Covenants for North Lake Community Park with the Clerk of the Court, as required by the Florida Department of Environmental Protection (FDEP), Florida Recreation Development Assistance Program (FRDAP), Project No.F07010, on the 96 acres owned by the County - Commission District 5.

            GROWTH MANAGEMENT

            PROPOSED ORDINANCE LIMITING SIZE OF ACCESSORY STRUCTURES IN

            RELATION TO SIZE OF PRINCIPAL STRUCTURE

            Commr. Renick asked that this request be pulled from the County Manager’s Consent Agenda, for discussion, because she was not clear about the language contained in the Ordinance.  She requested clarification of the language regarding accessory structures, noting that the way it currently reads, it appears that a property owner cannot build an accessory structure, such as a barn, prior to building the principal structure, being the home.

            Ms. Terrie Diesbourg, Zoning Manager, Growth Management Department, addressed the Board in response to Commr. Renick’s concern, noting that, if the property is zoned Agricultural and is for an agricultural use, the property owner would be able to do so.

            It was noted that the Ordinance does not currently state that fact.

            Mr. Sandy Minkoff, County Attorney, interjected that the section of the Ordinance in question only applies to accessory structures and, in the example given by Commr. Renick, the barn would be a primary structure, therefore, would not be applicable.  He noted that an agricultural barn would be a primary use – it would not be an accessory structure.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to advertise a proposed Ordinance changing Section 10.01.00 of the Land Development Regulations (LDRs), limiting the size of accessory structures, in relation to the size of the principal structure.

            COUNTY ATTORNEY’S CONSENT AGENDA

            Commr. Renick asked that Tabs 12 and 13, dealing with an eminent domain settlement between the County and the Glenie Marie Byrd property, and a Settlement Agreement between the County and J. Malever Construction Company, be pulled from the County Attorney’s Consent Agenda, for discussion.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, as follows:

            Request for approval of Workers Compensation Claim settlement, in the amount of $86,790.00, for Emily A. Lee.

            Request for approval of Agreement with Rhys Allan Cobb, for right-of-way needed for the CR 466 Road Widening Project - Commission District 5.

            Request for approval of Interlocal Agreement with Orange County, for cellular tower site located in Northwest Orange County (Tangerine area); and approval of related budget transfer, in the amount of $65,000.

            GLENIE MARIE BYRD PROPERTY EMINENT DOMAIN SETTLEMENT

            Commr. Renick asked that this request be pulled from the County Attorney’s Consent Agenda, for discussion and clarification regarding the amount of the settlement, at which time it was clarified that Glenie Marie Byrd would receive $45,300 for her property, which is what it was appraised for, with the total settlement being $90,000, to cover attorneys’ fees and costs.

            Mr. Sandy Minkoff, County Attorney, stated that, in recommending the settlement to the Board, staff felt it would be less expensive to settle with Ms. Byrd than it would be to continue to litigate.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an eminent domain settlement regarding the Glenie Marie Byrd property - Commission District 2, as presented.

            SETTLEMENT AGREEMENT BETWEEN LAKE COUNTY AND J. MALEVER

            CONSTRUCTION COMPANY

            Commr. Renick asked that this request be pulled from the County Attorney’s Consent Agenda, for discussion and clarification regarding the reason for the Settlement Agreement, noting that it seems the County is paying $20,000 to correct a mistake that was made by the contractor.  She questioned whether there were extenuating circumstances involving the project.

            Mr. Jim Stivender, Jr., Public Works Director, informed the Board that there are mistakes that the contractor made that need to be rectified, but that there are also costs incurred associated with the base bid, which is where the additional money is coming from.

            Commr. Renick stated that she understood the $20,000 is to cover an increase in the cost of asphalt since the contract was first awarded in 2005, but that it looks like the County is eating that cost, rather than the contractor that made the mistakes, and she had a problem with that.  She questioned whether the matter would be renegotiated.

            Mr. Sandy Minkoff, County Attorney, stated that the case is not yet in litigation, noting that the County is withholding the $72,743, as there have been disputes, so staff would renegotiate.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board denied a request from the County Attorney for approval of a Settlement Agreement between Lake County and J. Malever Construction Company, to resolve a contract dispute, for construction of the South Lake Trail/Lake Minneola Trail Phase II Project - Commission District 2.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            COMMUNITY SERVICES

            AMERICAN CANCER SOCIETY CTC/MEDICAID PROVIDER LETTER OF

            AGREEMENT

            Mr. Ken Harley, Public Transportation Manager, addressed the Board stating that, in an effort for the County to coordinate transportation services to those citizens of Lake County who need to go to medical treatment facilities, for doctor’s appointments, the American Cancer Society desires to enter into an agreement with the County to help ensure that cancer patients in the County receive transportation services for their treatments, so they are working with the County to help coordinate those services and will help fund the cost of some of the trips.  In addition, they will help educate clients about their medical conditions and work with the medical facilities to coordinate and arrange treatment for those clients.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of the American Cancer Society CTC/Medicaid Provider Letter of Agreement, as presented.

            LAKEXPRESS TASK FORCE RECOMMENDATION

            Mr. Ken Harley, Public Transportation Manager, informed the Board that the LakeXpress Task Force has recommended that the County purchase two 30 foot El Dorado EZ Rider II buses for its fixed route.  The County has some Bluebird and International buses that it currently utilizes on its fixed route service, but there is no longer a distributor available for the Bluebird buses, and the El Dorado buses are very similar in nature to the Bluebirds, so staff is requesting approval to purchase the two El Dorado buses, as recommended by the Task Force.  The vehicles are being funded by the Federal Transit Administration (FTA), under its FTA 5307 grant, as well as toll revenue credits, so it will not cost the citizens of the County anything for the purchase of said buses.  In addition, a Resolution amending the Transportation Disadvantaged Fund is being asked to be approved, in order to account for unanticipated revenue that the County will be receiving from the Federal Transit Administration.

            Mr. Harley stated that the FTA will allow the County to piggyback off of another organization that has already purchased said vehicles and made provisions in their RFP (Request for Proposal) for it, however, noted that the County would have to prepare a set of bid specifications.  He informed the Board that the buses will be utilized for the Mt. Dora Route, once it is up and running.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried, by a 4-1 vote, the Board approved a request from Community Services for approval of the LakeXpress Task Force recommendation for the County to purchase two 30 foot El Dorado EZ Rider II buses, with sign boards, for the fixed route; and Resolution No. 2008-26, for unanticipated revenue and associated budget change request, as presented.

            Commr. Renick voted “No”.

            PUBLIC HEARING

VACATION PETITION NO. 1114 - GREGORY SOOKRAJ - PLAT OF TRAILS OF

MONTVERDE

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request to vacate a portion of right of way known as Appaloosa Trail and two utility easements in the Plat of Trails of Montverde.  He stated that the Trails of Montverde extend east and west for approximately one-half mile and, when it was approved in the mid-1980s, there was a rear access to the development that was tied to a clay road, pointing out the location of said right of way on an aerial contained in the Board’s backup material.  He stated that staff found that the connection and the way that the development was originally laid out is not what is happening in the area and it has become a public nuisance, because people sneak out the back way, which is not barricaded.  The residents are requesting that said portion of right of way be vacated between the two lots in question, but that the utility easement access be retained, which the County has taken care of.  Because the area has not developed the way that it was planned 20 years ago, staff recommended approval of the request.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Vacation Petition No. 1114, Gregory Sookraj, to vacate a portion of right of way known as Appaloosa Trail and two (2) utility easements, in the Plat of Trails of Montverde; and approval and execution of Resolution No. 2008-27, pertaining to same - Commission District 3, as presented.

VACATION PETITION NO. 1129 – RILEY E. DAVIS, JR. AND DONNA DAVIS –

ASTOR FOREST CAMPSITES

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request to vacate a portion of right of way known as Mink Road, a road that was laid out before the canals were cut in, which runs along the entire shoreline, in the unrecorded plat of Astor Forest Campsites.  The canals were put in and snippets of Mink Road were left in, which the County has vacated several pieces of in the past.  When this issue came up, the County looked at two things, one being the need for drainage and the second being the ability for a vehicle to turn around and exit the development, because there are no cul de sacs at the end of it, and staff has determined that there is not a drainage issue at this location and there is plenty of room for a vehicle to turn around; therefore, they were recommending approval of the request.  It was noted that the County received one letter of opposition.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Vacation Petition No. 1129, Riley E. Davis, Jr. and Donna Davis, to vacate a portion of right of way known as Mink Road, according to the unrecorded plat of Astor Forest Campsites, in the Deland area; and approval and execution of Resolution No. 2008-28, pertaining to same - Commission District 5, as presented.

VACATION PETITION NO. 1130 – LARRY M. AND CONNIE F. EVERLY – PLAT

OF LAKE DORA HARBOR

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request to vacate a portion of a drainage easement, in the Plat of Lake Dora Harbor, in the Mt. Dora area.  He stated that the easement in question used to be located within an orange grove, which was platted in the mid-1980s, at which time he pointed out on an aerial contained in the Board’s backup material a snippet on the edge of the petitioner’s house, where it encroaches into the easement.  He stated that the purpose of this request is to clear the title, so that the overhang at the corner of the house does not encroach into the easement.  He stated that staff was recommending approval of the request.

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Vacation Petition No. 1130, Larry M. and Connie F. Everly, to vacate a portion of a drainage easement in the Plat of Lake Dora Harbor, in the Mt. Dora area; and approval and execution of Resolution No. 2008-29, pertaining to same - Commission District 3, as presented.

VACATION PETITION NO. 1124 – LAKE 64, LLC/REPRESENTATIVE DONALD J.

CUROTTO, SHUTTS & BOWEN, LLP

Mr. Jim Stivender, Jr., Public Works Director, explained this request, stating that it was a request to vacate lots, a tract, and an unnamed right of way in the Plat of Groveland Farms, in the Groveland area.  He pointed out the layout of the subdivision on an aerial contained in the Board’s backup material, noting that the lots in the Plat of Groveland Farms were all laid out over 100 years ago.  The tracts in question are 10 acre tracts and the petitioner is vacating them and turning them into a totally different subdivision.  An issue that came up at the last meeting that was held regarding this request was that of ingress and egress involving a parcel of property owned by Nancy and Kris Ector, which he pointed out on the aerial on display, noting that it is away from the shoreline of the lake, but below the 100 year flood plain.  He stated that every few years the property owners may be able to access their property and fish, but every few years the property will be under water, which is a dilemma for them.  The current legal access to the property is the same one that has been in place for over 100 years and the majority of Parcel 11, belonging to the Ectors, is lake bottom, except for a small portion that is located in the northwest corner of the lot, which is below the 100 year flood plain.  According to all the information the County has been provided about the proposed subdivision, Parcel 11 is 100% wetlands, as far as the subdivision review process is concerned, thus, the reason staff is recommending approval of the request.

Commr. Stewart stated that the owners of Parcel 11, the Ectors, have indicated in a letter that was submitted to the County that they are considering building a vacation home on the property and questioned whether that would be possible.

The Chairman opened the public hearing.

Mr. Gary Cooney, Attorney, representing the applicant, addressed the Board stating that his office received notice last week that the Ectors, who are in opposition to the request, had retained Mr. Tim Hoban, a local attorney, to represent them and that he had asked for a continuance of this request, however, noted that he was informed that Mr. Hoban wanted to present testimony this date and then ask for a continuance.  He stated that he had no opposition to that, in that Mr. Hoban’s clients are down from Indiana and he did not want to put them out by requiring them to come back to Lake County; however, due to the fact that he had just been hired by the applicant to represent him, would request that the Board continue this matter until a later date.  He stated that, if the Board wanted to hear from the opposition and take their testimony, so that they would not have to travel back to Lake County, should they feel a need to testify, his client was willing to extend that courtesy, but would request that the Board allow him to prepare for a full blown hearing.

Mr. Tim Hoban, Attorney, representing the Ectors, the owners of Parcel 11, addressed the Board stating that they had flown down from Indiana, because they did not know whether the Board would approve a continuance of this case, or not.  He gave a brief background history regarding Parcel 11, at which time he noted that it was purchased by Ms. Ector’s father in 1950, but, in 1968, her father passed away and the property was deeded to her.  She and her family have visited the property often over the years and continue to do so.  In 1988, when the original PUD was first proposed, the Ectors repeatedly contacted the County, to make sure that access was granted to their property.  He stated that, in 1996, they participated in a Special Master Hearing over the Pretty Lake PUD, at which time he read into the record a letter (Opposition’s Exhibit A), dated April 30, 1996, from Cecelia Bonifay, Attorney, representing the Langley v. Lake County Settlement Agreement, to Mr. Sandy Minkoff, County Attorney, indicating that, after the Settlement Agreement was signed by all parties involved, it was discovered that the access easement agreed to by the parties was inadvertently excluded from the Agreement.  She asked that Mr. Minkoff represent to the Board that Mr. Langley would provide the agreed upon access easement to Parcel 11.  He then submitted a copy of the Minutes (Opposition’s Exhibit B) from the Board of County Commissioner’s Meeting of May 21, 1996, in which he highlighted a portion of the Minutes that stated that Mr. Sandy Minkoff, County Attorney, explained that Nancy and Kris Ector and Jim and Marie Mackey, adjacent property owners to the property in question, participated in the Settlement Agreement and that the developer had agreed to grant them legal access to their property, but no access was ever granted.

Mr. Hoban stated that, under the Lake County Code, Parcel 11 is a buildable lot and the Health Department will issue a septic tank permit for it, if the well and septic tank can be placed 75 feet apart, and there is enough land on Parcel 11 to do that.  For the past 57 years, Ms. Ector and her father before her have paid property taxes on the property and, from the time of her childhood until the current owners of the Plat of Groveland Farms fenced off their property, she and her family frequently visited the property.  He stated that they are nearing retirement age and would one day like to build a boathouse on the property, at which time he displayed a copy of the Preliminary Plat (Opposition’s Exhibit C) that has been approved for the subdivision in question, to be known as Lago Bonito, pointing out a road that he feels could have easily been flipped, to provide legal access to the Ector’s property, without losing anything, and it would have prevented the Ectors from having to hire an attorney to represent their rights.  He stated that it is a classic example of a big developer trying to squeeze out a small property owner.  He then displayed a copy of the plat to Magnolia Pointe (Opposition’s Exhibit D), a large subdivision that he represented upon leaving the County Attorney’s Office to enter private practice.  He commented that the Commissioners on the Board at that time would not permit big developers to squeeze out small property owners, noting that they explained to him that that was not the way neighbors treat each other.  He stated that Commr. Cadwell requested at that time that his client work with the small property owners, enabling each one of them to have legal access to their property and that his clients, the Ectors, were requesting the Board this date to encourage the owners of the Plat of Groveland Farms to work with them on a mutually agreeable easement and would ask that the Board not vacate any Groveland Farms easements, until such an agreement has been worked out between the parties.  He asked the Board to approve a 60 or 90 day continuance, to allow the attorneys involved to get together and work everything out and come back before the Board with an agreement between his clients and the owners of the Plat of Groveland Farms and at that time have the old easements vacated.

Ms. Nancy Ector, the owner of Parcel 11, addressed the Board and answered questions from Mr. Hoban about her property and as to how many times they have been flooded out, to which she responded that, to her knowledge, not at all, however, noted that she has not been present at the property at all times, due to the fact that she and her husband live in Indiana.  She noted that she was raised in Lake County and does not want to destroy anything – she only wants to keep what has belonged to her family over the years, so that they can build something on the property that they can enjoy.  She stated that she loves Lake County and only wants what is best for it.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board continued a request from Public Works for approval of Vacation Petition No. 1124, Lake 64 LLC, to vacate lots, tract and unnamed right of way in the Plat of Groveland Farms, in the Groveland area; and approval and execution of a resolution pertaining to same - Commission District 2, for 60 days, until the Board Meeting of April 22, 2008.

            PUBLIC HEARINGS:  REZONING

            REZONING CONSENT AGENDA

            Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, addressed the Board stating that the Rezoning Consent Agenda contained only one case, which had been requested to be continued until the Zoning Board Meeting of March 5, 2008, however, noted that there were three cases to be heard on the Rezoning Regular Agenda.

            The meeting was properly noticed.

            REZONING CASE NO. PH40-07-4 – AMEND ORDINANCE NO. 1999-75 – WLW

            CONSTRUCTION, INCORPORATED AND JOHN F. WAGNER, III ET AL

            Ms. Stacy Allen, Senior Planner, Planning and Community Design, Growth Management Department, presented this case, stating that the applicant was requesting to amend Ordinance No. 1999-75, for the addition of a truck yard, which is also the heavy equipment storage area, and to expand the existing Planned Commercial (CP) Zoning District, which would entail rezoning 2.02 acres from Urban Residential (R-6) to CP.  The CP district would increase from 2.14 acres to 4.16 acres.  The site is located in the Mt. Plymouth/Sorrento area, on the south side of SR 46, between the intersections of SR 46 and CR 437, to the east and west, and is located in the Urban Compact Node, Non-Wekiva Future Land Use Category (FLUC).  Based on the following Findings of Fact, staff recommended approval of the request:  The request is consistent with the Comprehensive Plan and Land Development Regulations and the site meets the commercial location criteria for a Neighborhood Activity Center.

            Ms. Allen informed the Board that the County Attorney’s Office advised staff to remove any references to specific sections and policies of the Land Development Regulations (LDRs) and the Comprehensive Plan, suggesting that they just be referenced in general, and that, if the Board agreed to it, it would need to become part of the motion.

            The Chairman opened the public hearing.

            Mr. Tom Sullivan, Attorney, Lowndes, Drosdick, Doster, Kantor and Reed, Orlando, representing the applicant, addressed the Board stating that the applicant is in agreement with staff’s report and analysis, noting that they talked through a couple of issues at the Zoning Board Meeting and are comfortable with the conditions and increased buffering that was discussed at that meeting.  He gave a brief background history of WLW Construction, noting that they have been a member of the Lake County community for the past 25 years, 13 of which have been at the current location.  The original zoning Ordinance for the site was enacted in 1995 and amended in 1999.  The company employs between 90 and 140 people throughout the year, most of whom are Lake County residents, and the company has been awarded the East Lake County Beautification Award on two different occasions.  They feel they have been an important small business in the community and a good neighbor.  He displayed a map (Applicant’s Exhibit A) that had been color coded, showing the various zoning classifications for the surrounding properties, as well as an aerial of the property (Applicant’s Exhibit B), showing the area being requested to be amended, which he reviewed with the Board, noting that there are residentially zoned parcels in close proximity to the site, but that all of the parcels located immediately adjacent to it are undeveloped.  He feels the zoning classification may be asked to be changed to commercial in the future, as it appears that is the way the area is developing, which is consistent with the County’s Comprehensive Plan policies.  He displayed a plat of the property (contained in the Board’s backup material), noting that the only development activity the applicant wants is the ability to store heavy equipment in the area indicated on the map, with the entire perimeter of the site to be landscaped according to the Buffer “B” requirement in the Code, with a particular emphasis around the heavy equipment storage area, to buffer any impacts to the nearby residents, and is ready to put said landscaping in as quickly as possible, if the request is approved.  He pointed out the fact that some heavy equipment and trucks are currently stored on the property, related to the business, and acknowledged the fact that the original Ordinance restricts heavy equipment, but talks about uses related to the business, so the applicant was under the impression that he could store his trucks there, but is aware that he has to get approval of the request before the Board this date, before he can do that in the future.

            Mr. John Wagner, the applicant, addressed the Board stating that he wants to be a good neighbor to the surrounding property owners and feels that he has been, up to this point in time, always doing what he needs to do to make his property look presentable, since it is his office and where he spends the majority of his time.  He noted that he was not involved with the original zoning request – that it was his father-in-law and some other relatives, so he was unaware of some of the aspects of it, until he received a complaint several months ago.  Since that time, he has been going through the process of changing his zoning classification, to where everybody involved will be happy and he will be allowed to run a small business, while at the same time be a good neighbor, which is what he was hoping to accomplish this date, with the Board’s approval of the request.

            Ms. Jacqueline DeWitt, an adjacent property owner, addressed the Board stating that she is concerned about what the vision is for the Mt. Plymouth/Sorrento area, noting that her vision is one of residences and small businesses, not industry.  She stated that she has lived on her property for the past 17 years and the applicant’s property was residential at that time.  The home on the property became the office for WLW Construction and the property developed as an industrial site.  The land was paved over and raised somewhat, to develop a hard surface for the large industrial vehicles, and there are utility poles on the property.  If one were to drive by the property, it does not look like it belongs in the middle of residences, and she does not understand how it was allowed to be developed as industrial.  She stated that she contacted various county departments in 2006 regarding this request and received an email from the Senior Planner, Growth Management Department, which she read into the record, indicating that the use of the property was in violation of the County’s Code and that the matter had been turned over to the Code Enforcement Department for action.  She stated that there needs to be some consistency in the development of the Mt. Plymouth/Sorrento area and the vision that the County has for it.  She noted that she has no problem with the office being located on the site, but feels the heavy equipment and trucks should be required to be stored in another location.  She stated that Mr. Wagner is a fine gentleman and a good neighbor who has always responded to any of her complaints in a good way, but she feels his business, being it is industrial, should not be located in the middle of a residential area.

            Mr. Sullivan, Attorney, representing the applicant, readdressed the Board and rebutted some of Ms. DeWitt’s comments, at which time he noted that there were several other residents that spoke in opposition to the request at the Zoning Board Meeting, but they were not present at this meeting, and he feels it is because the applicant has addressed a lot of their concerns.

            Commr. Hill questioned whether the hours and days of operation could be restricted, in order to allay some of the issues that Ms. DeWitt commented about.  She noted that she had gotten the impression that the request was temporary, due to the slow down in the construction industry, and that the trucks would not always be stored on the property.

            Commr. Stewart concurred, noting that she was under the impression that it was a temporary thing, as well, and that, when the construction industry picks up again the equipment will be located at the various construction sites.

            Mr. Wagner interjected that his company has approximately 140 pieces of equipment, such as bulldozers, back hoes, loaders, etc., but that only about four pieces of equipment are currently stored on the property.  He stated that, at any given time, there is going to be a few pieces of equipment in transit, but that it is not a temporary situation – it is something that is ongoing.  He noted, however, that he has no intention of filling the property with heavy equipment - it is merely a stopping point - more like a hub.

            Commr. Renick stated that she got the impression this was a temporary situation, too, but is now learning that it is not a temporary situation, but a permanent one.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

            Commr. Cadwell stated that he has driven by the site several times in the past and feels the applicant is a good neighbor, therefore, sees no problem with approving the request.

            A motion was made by Commr. Stewart and seconded by Commr. Stivender to uphold the recommendation of the Zoning Board and approve Ordinance No. 2008-10, WLW Construction, Incorporated and John F. Wagner, III et al/WLW Construction, Incorporated, Rezoning Case No. PH40-07-4, Amend Ordinance No. 1999-75, for the addition of a truck yard (heavy equipment storage area) and to expand the existing Planned Commercial (CP) Zoning District and rezone 2.02 acres from Urban Residential (R-6) to CP, as presented.

            Under discussion, Commr. Renick asked that time restrictions be placed on the request, such as from 6:00 a.m. to 7:00 p.m., in order to alleviate some of the concerns of the surrounding property owners.

            Commr. Stewart amended her motion, which Commr. Stivender seconded, adding a stipulation that any activities occurring on the company’s premises, outside of the building, take place from 6:00 a.m. to 7:00 p.m., except in emergency situations.

            The Chairman called for a vote on the amendment, which was carried, by a 4-1 vote.

            Commr. Cadwell voted “No”.

            Ms. Allen, Senior Planner, asked that the Board include in the motion that specific references to the County’s Land Development Regulations (LDRs) and Comprehensive Plan be removed from the Ordinance, as well, due to the fact that the Comprehensive Plan is changing and the LDRs are being rewritten.

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

            RECESS AND REASSEMBLY

            At 10:15 a.m., the Chairman announced that the Board would recess for 10 minutes.

            REZONING CASE NO. PH09-08-2 – AMEND ORDINANCE NO. 2000-36 –

            SHEPHERD OF THE HILLS LUTHERAN CHURCH

            Mr. Steve Green, Chief Planner, Planning and Community Design, Growth Management Department, presented this case, stating that it was a request to amend Ordinance No. 2000-36, to add a cellular communications tower and apparatus as an allowable use within the existing Community Facility District (CFD).  The property consists of approximately 11.25 acres and is located on the southwest corner of the intersection at Hwy. 27 and Caspian Lane.  The request is to increase the height of the existing 140 foot stealth cellular communication tower 20 feet to 160 feet.  During staff’s research of the site plan, it was determined that the cell tower, although allowed, was never recognized by the formal Ordinance that was adopted in 2000, so the request before the Board this date is to add a condition to that particular Ordinance and to outline any mitigative measures that need to be put in place to allow the tower to continue to exist.  Since the Zoning Board Meeting, staff has received communication from the City of Clermont that the property in question is located within their Joint Planning Area (JPA); therefore, they are recommending that a 12 x 18 foot flag be flown at the top of the cell tower.  Based on the following Findings of Fact, staff recommends approval of the request:  The request is consistent with Table 3.00.03 of the Land Development Regulations (LDRs) that permits the CFD within the Urban Expansion FLUC; with Section 3.13.01A of the LDRs that states, The purpose and intent of these regulations is to “adapt to the growing need for wireless communication antennas and towers, by being able to act upon requests to place, construct and modify any Wireless Communications Antenna and/or Tower within a reasonable amount of time.”; with Section 3.13.07 of the LDRs, for the setback requirement of 100 feet from single family or duplex residential units; and with Comprehensive Plan Policy 1-12.1, Consideration of Community Facilities.

            The Chairman opened the public hearing.

            Ms. Lauralee Westine, Attorney, representing T-Mobile, addressed the Board stating that her client is co-locating on the tower in question and that this request is more of a cleanup measure than anything else.

            Mr. Jim Purvis, a resident of the City of Clermont, addressed the Board and encouraged them to approve this request, noting that the tower is located at the south entryway to the City of Clermont and sits on one of the prettiest natural remaining hills in the entire area – the perfect place for the American flag to be displayed.  He stated that, in the event the tower gets sold to another company, he is afraid, if it is not made a condition of the Ordinance that the American flag be flown from the tower, there is the possibility that a new owner or operator will not share that vision and asked that the Board make sure that does not happen.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

            Mr. Sandy Minkoff, County Attorney, informed the Board that the County can require that a flag be flown from the top of the tower, but it cannot require what type of flag is to be flown, or what symbol is to be on the flag, noting that it would be a First Amendment issue and the First Amendment of the Constitution is probably the utmost right that everyone has, which is that Government is prohibited from telling people what types of messages they can or cannot place on their property.  He stated that the requirements are similar to what is contained in the County’s Sign Ordinance, noting that the County is not allowed to regulate content in any way and by telling them what type of flag it has to be regulates content.

            Mr. Darren Gray, Assistant City Manager, City of Clermont, informed the Board that the City did not require the American flag to be flown from the cell tower, but only that the tower be camouflaged.  He stated that it was the church’s decision to fly the American flag.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2008-11, Shepherd of the Hills Lutheran Church, Lake County BCC, Rezoning Case No. PH09-08-2, Amend Ordinance No. 2000-36, to add a cellular communications tower and apparatus as an allowable use within the Community Facility District (CFD), as amended, adding a requirement that a flag of the church’s choosing, whatever size it may be, be flown from the top of the cell tower.

            A representative from the church addressed the Board and discussed problems that the church encounters with flying a large flag, noting that they currently fly a flag that is approximately 20’x30’or 20’x50’.  He stated that the flags range from $900 to $1,300 each, plus the church pays an additional $160 to $170 per month to light the flag, and they constantly have to repair it, because it gets tattered and torn.  He commented that a large flag creates a problem, noting that he currently has to hire a crew from the Tampa area to take the flag down, when it needs to be repaired, because just one person cannot do it, due to its large size.  He indicated that he is currently trying to find a local crew to take the flag down for him, when needed.

            It was noted that the City of Clermont recommended that the flag be 12’x18’ minimum.

            REZONING CONSENT AGENDA (CONT’D.)

            The Chairman opened the public hearing.

            No one present wished to address the Board.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved the Rezoning Consent Agenda, as follows:

            Steve and Pamela Hunihan

            Leslie Campione, PA

            Rezoning Case No. PH08-08-5

            Delete language in Ordinance No. 2005-71

            (Continued until March 5, 2008 Zoning Board Meeting)

            REZONING CASE NO. PH35-07-4 – CP, R-1, R-6, AND A TO CP – CAROLE AND

            MICHAEL READING, SORRENTO COMMONS, LLC/LOUIS FABRIZIO

            Commr. Stewart informed the Board that, when this request first came before staff, she realized that the proposed project was not in compliance with the County’s Comprehensive Plan and said something to staff about it and the fact that she did not think it was a good project, however, noted that, since then, she has learned that she needs to keep an open mind, which she has done.  She commented that she met with a group of people who endorse the project and was also present at a presentation given by the applicant, Mr. Fabrizio.

            Commr. Cadwell noted, for the record, that he had met with people on both sides of the issue, at which time Commrs. Hill and Stivender noted that they had, as well, and that they had received quite a few emails about the request, as well as DVDs and petitions.

            Ms. Karen Ginsberg, Senior Planner, Planning and Community Design, Growth Management Department, presented the case, stating that the County received quite a few letters of opposition, as well as support of the request, after the Staff Report was compiled and that she now has a total of 161 letters of support, in addition to 21 video testimonials, and 655 letters of opposition.  The subject property is zoned Agricultural (A), Rural Residential (R-1), Urban Residential (R-6), and Planned Commercial (CP) and is located south of SR 46, at the intersection of SR 46 and Hunter Avenue, in Sorrento.  The property is located within the Mt. Plymouth/Sorrento Urban Compact Node (Non-Wekiva) Future Land Use Category (FLUC).  The applicant is requesting a zoning change to CP, to allow for a mixed use commercial center, including general retail, general restaurants, professional office, and civil facilities on 31.79 acres.  According to the submitted market study, the trade area radius is approximately 11 miles, or 117 square miles.  The site was previously considered for rezoning in August of 2005, where it was denied by the Board, without prejudice.  The applicant requested the support of the Mt. Plymouth Sorrento Planning Advisory Committee at their October 10, 2007 meeting, but the motion failed, by a 5-5 vote.  The request is consistent with the Land Use Zoning District Matrix of the Land Development Regulations (LDRs), which permits Planned Commercial Districts in the Mt. Plymouth/Sorrento Urban Compact Node (Non-Wekiva) FLUC; however, the Future Land Use Map (FLUM) limits development at the applicant’s location to that of a Neighborhood Activity Center.  Potential development within this node must comply with the commercial location criteria for Neighborhood Activity Centers, as outlined in the Comprehensive Plan, which means that future development within the specified area could not exceed 14,748 square feet.  The gross leasable area of the proposed development is approximately 215,325 square feet, which exceeds the area allotment outlined within the criteria for Neighborhood Activity Centers and the FLUM by approximately 200,000 square feet.  Community Activity Centers are commercial centers having 50,000 to 500,000 square feet of gross leasable area and must be located with the Urban or Urban Expansion land use category.  Additionally, they shall not degrade the proper functioning of the adjacent roads below the established level of service.

            The Public Works Department has determined that the three intersections near the proposed site will not meet concurrency.  The intersection at Wolf Branch Road and CR 437 North will require a traffic signal, for which the applicant has agreed to pay a proportionate share.  The intersections at SR 46 and CR 437 North and SR 46 and CR 435 will require turn lanes; however, improvements to these intersections might not be possible, due to limited available right of way.  Although an Affidavit of Deferral has been submitted, the necessary improvements have not been demonstrated to be feasible.  The proposed development falls within the size criteria of a Community Activity Center, but it does not meet location criteria for a Community Activity Center, as it is not within the Urban or Urban Expansion land use category.  Furthermore, the development may also affect the proper functioning of adjacent roads, as noted in the comments by the Public Works Department.  The site is located within a designated Neighborhood Activity Center.  An amendment to the FLUM would be necessary, in order for the site to exceed the size criteria for Neighborhood Activity Centers.  Until an amendment could be approved, any project larger than the allotted 14,748 square feet is considered inconsistent with the FLUM.  The project is inconsistent with the location criteria outlined within the Comprehensive Plan and the FLUM and the application is inconsistent with the Comprehensive Plan.  In review, based on the following Findings of Fact, staff believes rezoning of the property is not appropriate at this time, therefore, recommends denial of the request:

1.                  The application is consistent with Section 3.00.03, Land Use-Zoning Matrix, of the Land Development Regulations (LDRs) that permits Planned Commercial zoning in the Mt. Plymouth/Sorrento Urban Compact Node (Non-Wekiva) Future Land Use Category (FLUC).

2.                  The application is consistent with LDR Table 3.02.06, which permits a maximum Floor Area Ratio, or intensity, for Urban Compact Nodes of forty percent (40%) of gross land area.

3.                  The application is inconsistent with LDR Table 3.02.06, which limits the maximum Impervious Surface Ratio to fifty-five percent (55%) for the Urban Compact Node Land Use.

4.                  The application is inconsistent with the Future Land Use Map (FLUM) land use designation (Neighborhood Activity Center)

5.                  The application is inconsistent with Policy 1-3A.1 (3), criteria for Neighborhood Activity Centers.

6.                  The application is inconsistent with Policy 1-3A.1 (2), criteria for Community Activity Centers.

7.                  The application is inconsistent with Policy 1-10.2 of the Comprehensive Plan, which states that land use patterns shall promote orderly, compact growth and that the County shall encourage growth and development in developed areas where public facilities and services are presently in place, and in those areas which public facilities can provide the most efficient service.

            The Chairman opened the public hearing.

            Mr. Steve Richey, Attorney, representing the applicant, addressed the Board and questioned Ms. Ginsberg as to what the Zoning Board recommended.  She informed him that they recommended approval, by a 4-2 vote.  She was then questioned as to whether there were any conditions placed on that approval, to which she responded that the development was required to comply with the submitted site plan and that the architectural design comply with the submitted renderings.  He stated that he would present evidence indicating that staff is incorrect in several instances, with regard to the Comprehensive Plan.  He noted that he thought it was interesting that the Planning and Community Design staff had a contrary view, which they advised the Zoning Board about, but has now gone back to the old view, which he hoped to clarify.

            Mr. Louis Fabrizio, the applicant, addressed the Board stating that this is a project that they have been working on for four years, at which time he presented a power point presentation (Applicant’s Exhibit A), noting that the catalyst for the proposed project (The Village Commons) was the growing population in the area and the fact that there was a significant lack of services for both everyday goods, as well as professional services.  The Board of County Commissioners, concerned about the growth in the area, created a committee to study the area, with one of the guiding principles of their study, which was published in 2003 and adopted by the Board in October of 2003, being that Mt. Plymouth/Sorrento is a hub community for a larger area outside the urbanized areas of Mt. Dora and Eustis.  The report also notes that the Comprehensive Plan that was adopted in 1990 designated the land use to be in the Mt. Plymouth/Sorrento Urban Compact Node and that the future land use designation of the Urban Compact Node was the second highest intensity land use in Lake County, with the conclusion being drawn that, based on that review, Lake County intends for the Urban Compact Node to develop substantially as an urban area.  He displayed an aerial of the property in question (contained in the power point presentation), noting that the market report defines the market trade area for the village common site to be an area where the population would come from, given competing opportunities.  He discussed how the population in the area has grown from around 10,000 people in 1990 to an estimated population of 19,167 in 2006, with a projected population of 24,000 by 2011.  He stated that the Market Square is intended to create a mixed-use center that will serve as the highest intensity center of the community within the Market Street Corridor (hub community with the Market Square in the center), which will serve the demands of pass-by traffic, but more importantly, it is to serve the overall community as a pedestrian-oriented mixed-use center at the intersection of the realigned CR 437 and SR 46.  The residents of the Mt. Plymouth/Sorrento area currently have to drive 6 ½ miles to Mt. Dora, 9 miles to Apopka, and 12 miles to Lake Forest to do their shopping.

            Mr. Fabrizio reviewed how the plans for this project came about, noting that they came to the area in 2004 and found a site, consisting of 17.7 acres, at the southeast corner of the intersection of CR 437 and SR 46.  They drew up a site plan, which they tweaked a bit, and, in 2005, they applied for a rezoning, for a 130,080 square foot mixed use center.  The Zoning Board ruled in their favor, by a 5-2 vote, but prior to coming before the Board they started to meet with some of the people in the community and their plan, which was for a strip center at that time, was not well received, so they tweaked it further, before bringing it before the Board; however, there was still a group of people that were not happy with the plan and when it was brought before the Board, it was denied without prejudice, by a 4-0 vote.  They were asked to go back to the community and come up with a plan that would be better received and would meet the vision that the community has for itself, so they met with neighborhood groups, the Chamber of Commerce, the Mt. Plymouth/Sorrento Planning Advisory Committee, etc., and heard from members of the community that they wanted to maintain the community’s character; they would like to have a traditional Main Street design; they wanted sustainability; smart growth; sense of place; pedestrian friendly; connectivity; on street parking; street trees; parks; civic uses; a place for community gatherings; a school, etc., such as what one would find in the Winter Park, Mt. Dora, and downtown Sanford areas.  He stated that they listened to the community and knew that they would have to come up with a plan that would incorporate their wishes and a design that would fit the community’s vision, but they realized that they could not meet those concerns on a 17 acre site, so they looked at other available opportunities and assembled three additional tracts, to create a 31 acre site, which is the current parcel.  They studied other towns in the area, talked to people in the community, looked at photographs of small towns that were given to them by residents of the community, met with their architects and discussed how they could pull it all together and came up with a plan, concepts, and renderings and invited the entire community, over 3,200 people, to attend a meeting that was held on October 25, 2007.  They presented their plan to the Mt. Plymouth/Sorrento Planning Advisory Committee, as well, and asked for their approval, which ended up being a 5-5 tie vote, due to the fact that one of the 11 members of the committee was not present at the meeting.

            Mr. Fabrizio stated that they had a great turnout at the October 25th meeting that was held, with the majority of the people present being pleased that they were being asked for input, by way of a questionnaire (Applicant’s Exhibit B), which was submitted, for the record.  A petition (Applicant’s Exhibit C) containing 161 signatures in favor of the plan was submitted, for the record, as well as an audio CD and a video CD (Applicant’s Composite Exhibit D), containing testimony from citizens in support of the project.  He stated that the site plan before the Board this date is the plan that they came up with, incorporating convenient shopping, professional office space, a community gathering space, and a walkable town center setting, with a downtown feel, having the buildings on the road, lining the street, with shops below, offices above, and the core of the Main Street having a park, as a gathering place.  He was then questioned by Mr. Richey, regarding the fact that the largest building in the plan consists of 45,600 square feet of net leasable space, with the purpose of keeping the square footage down being to keep a store such as a Wal-Mart from going in; that it is anticipated the build-out of the project will be 8 to 10 years, based on market absorption, which will be contingent upon getting tenants; and that central water and sewer will be provided on site, unless the City of Mt. Dora resolves its issues and extends water and sewer to the site.

            The Chairman opened the public hearing.

            Mr. Michael Woodward, Attorney, representing various individuals opposed to this project, addressed the Board, at which time Mr. Richey, Attorney, representing the applicant, objected to Mr. Woodward participating as an attorney, noting that the County has a quasi-judicial process, which requires individuals to file a Notice of Appearance, if they will be representing a particular group, and, if they will not be representing a group and do not file a Notice of Appearance, they are to be limited to three minutes like the rest of the people that come before the Board.  He stated that, if Mr. Woodward intended to speak longer than three minutes, he should have to comply with the County’s rules and asked that the Board hold him to those rules.

            Mr. Sandy Minkoff, County Attorney, was asked for an opinion on the matter and informed the Board that Mr. Richey was correct, in that the County does have the process in place that he alluded to, however, noted that it would be up to the Chairman as to how he wanted to run the meeting, which would be subject to the Board.

            Mr. Woodward commented that he was not aware of that rule, but would be glad to submit a written Notice of Appearance at the first opportunity, if it would work toward satisfying the Board’s requirements.

            Mr. Richey further requested that Mr. Woodward be required to follow the Lake County Code, if he planned to testify about it and illicit testimony and arguments regarding it.

            Mr. Woodward was allowed to proceed, at which time he noted that he was present representing various residents of the Mt. Plymouth/Sorrento community, who were not against any and all commercial development on the site, but would favor commercial development that is of an appropriate scale for the community and that complies with the County’s Land Development Regulations (LDRs) and Comprehensive Plan, which addresses issues of scale and does so in a very straightforward way.  He stated that his clients supported the recommendation of denial by staff, for all the reasons that were set forth in the Staff Report, at which time he referred to the Findings of Fact contained in the Staff Report, pointing out the fact that the application for the proposed project is inconsistent with the LDRs, the Future Land Use Map designation for Neighborhood Activity Centers, the criteria for Neighborhood Activity Centers, and the criteria for Community Activity Centers, and that, in order for this rezoning to go forward, there would have to be a Comprehensive Plan Amendment to change the Future Land Use Map from Neighborhood Activity Center to, at minimum, a Community Activity Center, but even it would not meet the criteria.  He stated that the application is also inconsistent with the area’s land use patterns, which he elaborated on, questioning whether the project is a good thing or a bad thing for that particular location.  He suggested that, whether it would be a good thing or a bad thing, it was a policy question that would be appropriately addressed in an application for an amendment to the Future Land Use Map; however, because it is inconsistent with the Comprehensive Plan, as it now exists, they are not in a position to make that call – whether it is a good thing or a bad thing – it is something that is not legally permissible.  He stated that, because it is not consistent with the existing FLUM of the Comprehensive Plan policies, the Board does not have the legal discretion to approve it, through a rezoning, without first doing a Comprehensive Plan Amendment.  He submitted, for the record, a copy of Policy 1-3A.1, 3. – Neighborhood Activity Centers (Opposition’s Exhibit A), which he reviewed with the Board, noting that it is the existing Comprehensive Plan requirement that governs the use of that particular location, which is designated a Neighborhood Activity Center, with 50,000 maximum square feet of gross leasable space and approximately 35,000 square feet of it has been allocated and is being used, leaving approximately 15,000 square feet and there is no getting around that.  In closing, he noted that, from reading the Minutes of the Zoning Board Meeting, there was some confusion about the legal significance of the fact that, in August of 2005, the Board denied a previous application without prejudice.  He stated that he got the impression the Zoning Board believed it meant there was some sort of presumption of approval, when the applicant came back before them with a new and approved version of their plan, but what it actually meant was that it was a waiver of the normal one year sit out period, noting that, normally, when a rezoning application comes forward and the rezoning is denied, the applicant has to wait a full 12 months before coming back with a different plan.  He stated that the denial without prejudice simply meant that the applicant could come back in a lesser time period than a year with a plan that did conform to the LDRs and the Comprehensive Plan of Lake County.  He further stated that Mr. Richey indicated at that meeting that the applicant would be back within 60 days, but two and a half years later the applicant is coming back before the Board with a plan that still does not comply with the County’s LDRs and Comprehensive Plan.  He stated that it does not come with any presumption of approval or goodness attached to it, merely because it was denied without prejudice by the Board two and a half years ago.

            Mr. Tim Bailey, a resident of Mt. Plymouth, addressed the Board, in opposition to the request, stating that there were approximately 20 to 25 people that were also in opposition to this request that were not able to be present, but wanted to be represented.  He discussed how the area has changed over the last 10 to 15 years and the need for a town center or community gathering place.  He thanked Mr. Fabrizio for listening to the residents and working with them, in trying to give them what they would like to have and asked that the Board approve this project and give them back a community that is walkable, where they can enjoy alternative transportation sources and meet in community gatherings again, as they did in the past.

            Mr. Charles (Chuck) West, a resident and business owner in Sorrento, addressed the Board in opposition to the scale of the project that is being proposed, noting that he feels it will overwhelm the community, traffic-wise, and have an adverse impact on the Wekiva Basin.  He noted that over 600 signatures were colleted from residents and business people in the community, who are against the proposed project.  He stated that a project of this size, consisting of 215,000 square feet, anchored by a major chain store, is too much for the area and would forever change its rural landscape.

            Mr. Clark Morris, a resident of Mt. Plymouth, addressed the Board in favor of the project, stating that he moved to the area for the quality of life that it provided and the type of atmosphere that he was looking for, which took him two years to find.  He stated that he was originally against the proposed project, in that he was concerned about the issue of sprawl, which he had moved to Lake County to get away from and was concerned that it was going to follow him here, so he joined other citizens who were concerned about it and started fighting it.  He discussed sprawl and what causes it, noting that the County is going to have to find a way to address it, because it is not going to go away.  He referred to a book that he had read that defines sprawl and encouraged those people who are against this project to read it.  He commended Mr. Fabrizio for working with the community, in trying to give them what they would like to have, noting that, if they do not have Mr. Fabrizio, or someone like him, who is willing to cooperate with them and make the community a nice one, then sprawl will come.  He stated that someone else may not be willing to work with the community the way that Mr. Fabrizio has worked with them.

            Ms. Priscilla Bernardo, a resident of Sorrento, addressed the Board in opposition to the request, stating that she and her husband moved to the area for its rural character.  She stated that Mr. Fabrizio has attended all the committee meetings that have been held regarding the proposed project, however, pointed out the fact that the project has grown and grown and grown.  She stated that the last time she came before the Board, Commr. Cadwell informed her that it was time for the community to get their policies in order, so that the Board would have some sort of guidelines.  She stated that those guidelines are currently with the Local Planning Agency (LPA), who has overwhelmingly approved them, in fact, has gone so far as to state that they could be used as an example to other communities throughout Lake County who are suffering from the same situation – how to grow in a manageable way, while still preserving the things that people come to the County to enjoy.  She stated that Mr. Fabrizio’s project has not, at any time, in any proposal that he has put forth, met those policies, which were developed with countless hours and all kinds of community input.  She stated that the community needs to be one that is fair and equitable for everyone’s lifestyle, not just a certain kind of lifestyle, and asked that the Board deny the request.

            Ms. Betty Ann Christian, a resident of Sorrento for the past 40 years, addressed the Board in favor of the proposed project.  She stated that the community is growing and it needs a plan that will provide jobs and better services than what it currently has.  She stated that the community wants to grow, but within a controlled area, and they feel this project would provide that type of plan, in that it will provide convenient shopping, a restaurant, and some office and business space.  She stated that they need to strengthen their local economy and tax base and asked the Board to approve the request.

            Mr. Keith Schue, a resident of the Mt. Plymouth/Sorrento area for the past 15 years, addressed the Board in opposition to the request, stating that conventional or even outright poor development proposals can be made to look pretty, depending on the colors used and the angles and advantage points selected in putting the proposal together, but, fortunately, the County’s staff and the Board looks at facts, and, when one looks at the facts, it is very clear that the proposed project must be denied, in that it violates the County’s Comprehensive Plan, as well as its LDRs, in many ways, which staff has reviewed with the Board and he elaborated on, noting that, if the project is approved, there will be more asphalt and concrete than what a typical commercial development would bring, less open space and places to plant trees, and less places for the aquifer to be recharged.  The proposed rezoning is on the edge of the Wekiva River Protection Area and in the heart of the Wekiva spring shed.  He stated that any project coming forward should be expected to live up to a higher standard, not a lesser one.  He discussed how the project will affect existing facilities and the roads and intersections that have been identified.  He stated that the applicant is requesting that a determination of transportation concurrency be deferred and questioned why the Board would approve that, when it impacts SR 46 and the County’s ability to protect it as a two lane road, which has been the single most unifying objective of the community.  He stated that the project has been promoted as smart growth, but he does not think there is anything smart about approving something and thinking about the consequences later.  The entire site approaches the threshold of a DRI (Development of Regional Impact), so there is a problem with the scale of the project and the capacity of surrounding transportation facilities.  He discussed the issue of water and sewer services for the site and the fact that the sources for them have not yet been secured.  He discussed the fact that some of the residents want a gathering place, or park area, for people to meet, at which time he submitted, for the record, a copy of the site plan (Opposition’s Exhibit B), pointing out the area that is intended for said gathering place, noting that it is approximately the size of two small residential lots, or one-quarter the size of Mt. Dora’s community park that is located at the corner of Donnelly and Fifth Streets, and that he feels the people of Mt. Plymouth/Sorrento deserve more than that.  Mr. Gene Hately, a resident of Mt. Plymouth for the past 20 years, addressed the Board in favor of the request, stating that he and his wife, as well as a lot of the residents in the area, would like to close the gate and not allow further growth, but one cannot fight progress.  He stated that Mr. Fabrizio has worked with the community and all the advisory committees, in trying to give them what they would like to have, and asked that the Board approve the request.

            Mr. Nakul Patel, a resident of Mt. Plymouth and the owner of a small IGA grocery store in the area that he purchased 10 years ago, addressed the Board in opposition to the request, stating that, when he moved to the area from England, he was looking for a rural community with a low crime rate to run a business and, out of all the places in the United States, he chose Mt. Plymouth, because he felt it was one of the best places that he had ever been to, and he has lived in five different countries.  He stated that he has never spoken openly about the proposed project and has let the residents decide what should be done, however, noted that he feels strongly about it and must give the Board his perspective on it, as well as other people that support his business that are not being represented this date.  He referred to the petition alluded to earlier, which contains over 600 signatures of people opposed to this project, noting that it shows how many people are not happy about growth in the area.  He stated that it is a concrete jungle along Hwy.27/441 all the way to Ocala and questioned how many shops one needs.

            Mr. Curtis Duffield, a resident of Sorrento, addressed the Board in opposition to the request, stating that he was the President of the Mt. Plymouth/Sorrento Planning Advisory Committee for two terms.  He stated that the Committee worked hard and on February 23, 2006, they submitted their objective for future land use for the Mt. Plymouth/Sorrento Historic Village, which he noted the Board urged them to do.  The Board also urged them to work with the community, which they did, holding lots of community meetings, so the plan was not derived without input from the community.  He noted that there is a 6 to 1 ratio of people opposed to the project and it does not meet the County’s Comprehensive Plan, therefore, asked the Board to honor staff’s recommendation and deny it.

            Former County Commissioner Catherine Hanson, a resident of Sorrento, addressed the Board in favor of the request.  She discussed the differences between a Neighborhood Activity Center and an Employment Center and the fact that the County needed to have a little bit of discrepancy between the two.  She stated that the use in that area is already an Employment Center, so it needs to be changed to at least a Community Center, which she thought the Board was going to do a couple of years ago, but has not yet done.  She stated that the County is not in the business of planning for towns and that is what this request entails, noting that Mt. Plymouth and Sorrento are basically two historic towns that are merging together and every town needs a good Town Center – it is basic 101 planning.  She stated that, if the project moves forward, she would suggest that it absolutely meet the impervious surface ratios that are required; that it meet the Water Star Program, a new program that Ms. Theresa Watkins is now in charge of; and that it meet at least the minimum levels for green building certification.  She stated that the Mt. Plymouth/Sorrento area is changing, and, if they do not do something to counter it, it will continue to deteriorate and not be the charming community that it presently is.

            Ms. Jeanne Etter, a resident of Sorrento, addressed the Board in opposition to the request.  She discussed the applicant’s presentation and the fact that it was pretty and impressive and certainly made a positive impression on the Zoning Board, but the use is about a lot more than pretty pictures – it is about the future of a community in Lake County, where the majority of the residents, while recognizing the need for small scale commercial growth, wish to maintain their rural lifestyle.  She stated that she and her husband moved to the area in 2000 from a very urbanized southern California area and attended a meeting that was put on by a consulting firm located in Orlando, who had been contracted by the County to conduct a framework study to define the boundaries of the Mt. Plymouth/Sorrento study area and make recommendations as to what the future growth would look like.  Since that time, the Board created a committee to work with that same consulting firm to better define how the community will grow and those recommendations resulted in the Mt. Plymouth/Sorrento Framework Study Report.  She stated that it is important to remember that the findings, while some are very good, were recommendations and not a mandate.  She then discussed the Mt. Plymouth/Sorrento Planning Advisory Committee, whose goal was to further investigate the concepts brought forth in the framework study and make recommendations for implementation.  The Committee met in a public forum and held community meetings that provided for residents to participate, in envisioning and shaping how the community would grow in the future.  The input from the residents provided the information needed for the community to draft policies that had been included in the new Comprehensive Plan, which were approved by all committee members and allowed for a commercial town center, scaled to fit the community.  She stated that, in the course of 8 years, the County has contracted with one planning consultant, had pro-bono services of another, has formed two committees, and has had numerous community meetings, all to discuss the future of the Mt. Plymouth/Sorrento area, but what still exists today, as it did over 8 years ago, is the desire of a small few to change the character of the community, by promoting greater densities and a large footprint shopping center.  She stated that, in order to support the proposed development, the Board is also being asked to approve a zoning request that is against the land uses in the current Comprehensive Plan and FLUM and they are going to be asked to approve a zoning classification for a Community Activity Center that will allow for commercial developments up to 500,000 square feet.  She stated that the Board’s decision this date will indicate how important the Commissioners, as individuals, feel it is to adhere to the policies and rules of the Comprehensive Plan and FLUM.  She stated that a decision to approve this request will set a precedent for the Mt. Plymouth/Sorrento community and questioned what will happen to their community when the next land owner brings forth a similar rezoning request.  She stated that, if they open the door to this size of a development, there will be no going back.  She asked them to deny the request.

            Mr. Ray Palmer, a resident of Sorrento, addressed the Board in favor of the request, noting that he and his family have lived in the Sorrento area for the past two and a half years, but have been Florida residents for 20 years.  He stated that they are approximately 13 miles away from the nearest full line grocery store - a 26 mile round trip, noting that there is nothing in the immediate area, as far as a grocery store, entertainment, meeting facilities, or restaurants, and he and his wife eat out most nights, which is an additional 26 miles, at which time he discussed the cost of the gasoline that it takes to make those trips.  He noted that he has known Mr. Fabrizio for over 12 years and finds him to be a man of credibility and of his word and feels that that same philosophy will carry over into the proposed project.  He stated that a change is needed and it is the Board’s responsibility to make that change.

            Ms. Shirley Schue, a resident of the Mt. Plymouth/Sorrento area, addressed the Board in opposition to the request, stating that she has lived in the Mt. Plymouth/Sorrento area for over 15 years and cherishes its small town character.  She stated that what has been proposed this date is not the commons of a village, but a massive complex that will put 215,000 square feet of commercial and over 1,000 parking spaces in Sorrento, which is equivalent to the size of a typical big box center that one might find on a major highway.  She stated that she has attended several community meetings over the past 8 years and the same sentiment echoes in every one of them – to please protect their rural lifestyle.  She stated that the proposed project would overwhelm their roads and infrastructure, by drawing tremendous traffic into the area, destroying the rural atmosphere that they enjoy and asked that the Board deny the request.

            RECESS AND REASSEMBLY

            At 11:55 a.m., the Chairman announced that the Board would recess for 10 minutes.

            REZONING CASE NO. PH35-07-4 – CP, R-1, R-6, AND A TO CP – CAROLE AND

            MICHAEL READING, SORRENTO COMMONS, LLC/LOUIS FABRIZIO (CONT’D.)

            It was noted that Ms. Lise Duval, Ms. Susan Brooks, and Ms. Rosa Andrews, who were present at this meeting, but had to leave, wanted it in the record that they were in favor of the proposed project.

            Ms. Pam Jennelle, a resident of Eustis, addressed the Board in favor of the request, stating that the proposed site is a unique location and it is a unique time for Lake County and asked that the Board look hard at this request, get the answers they need, and then vote in favor of it.

            Mr. Don Etter, a resident of Sorrento, addressed the Board in opposition to the request, stating that a lot of time, money, and effort have been spent in defining a bypass around Mt. Plymouth and Sorrento and building a development there the size of the one in question would negate any lessening of traffic on SR 46, which is what the bypass was for.  He felt that point needed to be made – that it goes against all the time, money, and effort that was put into it.

            Mr. Barry Blake, a resident of Mt. Plymouth for the past 18 years, addressed the Board in favor of the request, stating that he shops in Mr. Patel’s grocery store once in a while and appreciates the fact that it is there and hopes that it will be able to continue as a nice local store, however, noted that the 600 signatures that were collected in the community were not collected without a little bit of encouragement from the employees of the grocery store to some of the residents.  He urged the Board to think about what is good for the community, noting that he feels the community supports the project.

            Pastor Richard Green, a resident of Apopka and Senior Pastor at the First Baptist Church of Sorrento, addressed the Board in favor of the request, stating that he was speaking personally and not as the pastor of his church.  He stated that he had several issues that he wanted to address, but that two of them had already been addressed, being community and convenience, and the third issue he wanted to address was that of careers, noting that he feels the proposed project would be the best thing for those families with low to moderate incomes, especially the teenagers.  He stated that they need jobs and most of them do not have the means to travel outside of the community to get to a job.  The proposed project would provide them with those jobs and he felt the community would be well served to have such a development in the area.

            Mr. Doug Buskers, a resident of Sorrento, addressed the Board in opposition to the request, stating that he agrees there is going to be some growth in the area, but he feels the present zoning and transportation network, with the planned SR 429 extension, the realignment of SR 46A, the new SR 46/441 interchange, and the southern bypass, among others, are going to be sufficient enough to provide for the growth that is anticipated, however, pointed out the fact that no one can agree on exactly what that growth is going to be.  He stated that there are numerous parcels of land available for development along SR 46, consisting of less than one acre, as well as over five acres, for anyone who wants to bring something into the area besides a pizza parlor.

            Mr. Michael Tubbs, a resident of Orlando who has been doing business in Lake County for years, addressed the Board in favor of the request, stating that the two biggest issues for people in this County have been an employment base and goods and services.  He stated that the Wekiva Parkway is going in, so the Mt. Plymouth/Sorrento area is no longer going to be an isolated community, but in the middle of a city, because that is what is going to happen to this whole part of the County.  He stated that, if the Board totally ignores a good, quality developer like Mr. Fabrizio, they will create the type of problem that Ocoee and Oviedo went through, in bypassing the downtown core.  He suggested that the Board keep development in one particular area and not have it spread all over the place.

            Ms. Heather Brush, a resident of Sorrento for the past 18 years, addressed the Board in opposition to the request, stating that she and her family moved to Sorrento, because they thought it was the perfect rural community and they knew, in living there, they would probably have to drive 10 to 15 minutes to go shopping, but they felt it was worth it then and they feel it is worth it now.  She stated that most of the people that move to that area move there, because they want that type of community.  They do not want traffic or dense population, so she is confused why people move there and then are upset, because they do not have an amenity that they might want to have a stone’s throw from their home.  She stated that she recognizes the fact that there is a need for commercial in the area, but not of this magnitude, noting that one this magnitude should be on Hwy. 441.  She stated that it is not going to be a shopping center that is just going to handle the Mt. Plymouth/Sorrento community, but one that is going to be a regional draw, bringing people in from other areas and it is going to create a terrible problem with traffic.  She does not feel there should be a compromise and asked that the Board deny the request.

            Ms. Christine Kverth, a resident of Mt. Dora and daughter of Mr. and Mrs. Michael Reading, the owners of the property in question, addressed the Board on behalf of her parents, who could not be present, stating that she feels something everyone is forgetting is the fact that the proposed project is going to bring well needed tax money into the community, which the schools in the area that are suffering need, and, with regard to the issue of traffic, there is already a problem with it, at which time she listed the various subdivisions that are new to the area that are putting cars on the road and children in the schools, without needed jobs coming into the area.  She asked the Board to approve the proposed project.

            Mr. William Smalley, a resident of Sorrento, addressed the Board in favor of the request, stating that some of the people in opposition to the request are some of the same people who supported the realignment of SR 46A and SR 46, which is going to dump a tremendous amount of extra traffic into the area.  He stated that the community needs a tax base, noting that residences are not going to support the tax base and infrastructure.  They need to build schools, roadways, and do their own improvements.  He feels a development such as the one in question is better for the community than 14,000 square foot buildings spread all around.  He stated that, to travel a dozen miles in either direction to go to a grocery store costs the average person in the community an extra $8 on their grocery bill for a week, noting that the local IGA grocery store is not sufficient enough to cover their needs, as that of a full grocery store.  He discussed the need for a community center and jobs, for those students that do not have transportation to get them to jobs outside the community, noting that, by providing them with the means to get a job while they are in school and keep them off the street and healthy will keep the society healthy.

            Ms. Marilyn Whitney, a resident of Sorrento, addressed the Board in opposition to the request, stating that she opposed it for the same reasons that have already been presented.  She questioned why people move to a rural area and then complain about having to travel to shop.  She suggested that people think about their decisions when buying a home and buy their homes near a shopping center, if they feel the need to have one nearby.  If not, she suggested that they live in a rural area and be happy.  She stated that, with regard to the issue of not having a community meeting place, there are a couple of parks in the Mt. Plymouth area that are not really utilized and recommended that some upgrades be made to them, so that the residents can have a meeting place.  She urged the people in favor of the request to remember that once a decision is made to destroy the property in question for the proposed project, they cannot bring it back – that destruction will be for life.

            Ms. Kim Locke, a resident of Sorrento, stated, from the audience, that she was in support of the project.

            Mr. James Loyd, a resident of Sorrento, addressed the Board in favor of the request, stating that he was an architect and urban planner and plans communities all over the United States, as well as outside the United States.  He stated that he has no affiliation with the proposed project, but is in support of it, noting that he sees a tremendous lack of planning and vision for the area and this project is sorely needed.  He stated that, in looking at the site plan, he probably would have done things differently, as an architect and planner, but feels that the plan is a very good one.  He stated that the project is not massive, as has been described, but is very boutique in scale and implored the Board to vote in favor of it.

            Mr. Lou Londano and Mr. David Devore, residents of Sorrento, stated, from the audience, that they were in support of the project.

            Ms. Anita Gideon, a resident of Sorrento, addressed the Board in opposition to the request, stating that her home is located within one mile of the proposed project site and she just wanted to let the Board know that all the people who are in favor of the request would classify her as “new growth”.  She stated that, before moving to the area, she lived in a planned community where she had the “conveniences” of restaurants, traffic lights at every block, school zones, concrete everywhere, etc. – a community that was over planned, but she has always lived in such a community; therefore, when she and her husband looked at the Sorrento area, they had a lot to consider.  One of the things they looked at was the fact that they were going to be leaving all those “conveniences” behind, but she has found, since living in the community, that the things that are important to her now are what she has all around her – unspoiled beauty, and she does not miss the “conveniences” that she left behind and all the frustration associated with it, noting that it is nothing to drive to those “conveniences” now.  She stated that you cannot make any more of it and she does not want it to go away.  She asked the Board to take into consideration the people that live in the area and why they live there and deny the request.

            Ms. Carol Saviak, Executive Director of the Coalition for Property Rights, a non-profit education and advocacy group, with members throughout the State of Florida, addressed the Board in favor of the request.  She stated that defending the property rights of applicants is not always politically easy, but she felt it was important that everybody present at this meeting understand that property rights are the sole reason they are present and that the Board’s vote will either support or deny the property rights of Mr. and Mrs. Reading, the owners of the property in question, for the use of their private land.  She stated that everybody that expressed an interest in protecting their rural lifestyles exercised their private property rights for their property.  She stated that the reason they were present at this meeting was because Lake County officials at some point approved their original zoning and land use plans and, at that time, realized that they must put in place a mechanism for protecting property rights – a mechanism through which applicants like Mr. Fabrizio could come before the Board and seek changes to their land’s use, based upon changes in time and in market demand.  She stated that those officials, abiding under the current plans, recognize that planning changes must occur and the best way for those to come through is for applicants to express what they would like to see for their private land.  She stated that she has attended various Board Meetings and has heard the Board talk about the need to diversify Lake County’s land use.  She stated that, from a property rights perspective, she feels an owner’s dream should be most important, but, having said that, she believes the proposed use meets the Board’s own previously expressed desire to diversify the County’s land use and generate additional tax revenues.  She stated that she was just in Tallahassee and everybody was talking about the economy and the need for an economic stimulus, at which time she noted that she feels in the near future the Board will be looking at an economic stimulus plan and that she would be remiss in her duties if she did not express the protection of property rights, which encourages individuals to work hard, save, and invest, to build up their individual lots in life, which is the ultimate form of economic stimulus.  She stated that that is what the Country’s founders understood, thus, their reason for putting the protection of property rights into three Amendments in the Bill of Rights.  She thanked the Board for their consideration of the property rights of the applicant, noting that she was very surprised that it did not get expressed in any of the previous testimonies, as it is private land that is being discussed.

            Ms. Carolyn Sherman, a resident of Sorrento, addressed the Board stating that she is not in favor of the proposed project; however, she is not against it either, in every since of the word – she just feels the project is too big and overwhelming for the community.

            Mr. Fred Cranmer, a resident of Ferndale, addressed the Board stating that the reason he was present at this meeting was because he feels the City of Ferndale has some common issues with Mt. Plymouth and Sorrento.  He stated that a lot of good work and planning has come from the Mt. Plymouth/Sorrento Planning Advisory Committee – such good planning that the Local Planning Agency (LPA) has seen fit to include it in the proposed Comprehensive Plan, which is where they have a commonality.  He stated that he felt a developer should look at a County’s Future Land Use Map, before going before the Board asking that things be changed to meet his development.  He stated that, because a developer wants to change what is in place and not change his development tells the people that the planning for their small rural area does not mean anything and he and the people in his community have a very serious concern about that, as apparently a lot of the people in the Mt. Plymouth/Sorrento area have, as well.

            Mr. Bob Otten, a resident of Sorrento, stated, from the audience, that he was in favor of the request.

            Ms. Vicki Zaneis, a resident of Lady Lake, addressed the Board in opposition to the request, stating that she owns the book, “Suburban Nation:  The Rise of Sprawl and the Decline of the American Dream”, which promotes mixed use in urban areas.  She stated that, like herself, she did not feel the author of the book would support the proposed development in its current location, but rather has as a priority the preservation of agricultural areas, green belt areas, and other natural jewels.  It is number one to him – that rural and urban boundaries should be defined and not crossed.  She stated that the consultants that the County has been talking with about attracting industry to the County have pointed out to the Board that one of the County’s strong points is that it has these precious resources that will attract industry and commerce and she is very optimistic about it for the County’s future.  She stated that she has to drive a distance to get her groceries, but does not have a problem with it.  She has also lived in an urban area where you could walk everywhere and she supports urban areas and compact growth for urban areas and hopes the County will be moving in that direction, noting that she feels in the past there has been too much suburban.  She stated that she is disturbed about the future implications, should the proposed project be approved, for what it would do to the area, which she elaborated on.  She stated that perhaps the needs of those people who are in favor of the request have changed and a rural area is not going to fulfill their needs – that maybe they should not have moved to the Mt. Plymouth/Sorrento area and need to re-examine whether or not they want to live there.

            Ms. Allison Dray, a resident of Sorrento, addressed the Board in favor of the request.  She discussed the issues of traffic, a vision for the area, and leadership, noting that a lot of the traffic that the Mt. Plymouth/Sorrento area is currently encountering is from residents having to drive to other areas to get to jobs, to services, and to go out for the evening and a town center like the one that is being proposed would keep the traffic within the community and alleviate some of it on the highway.  She discussed the future of the County, noting that growth is coming and they have an opportunity to direct how that growth will occur.  They have a developer that has been willing to work with the community for four years and, with the project being proposed to be done in phases, by the time it is completed, much more growth is going to have occurred, and, if they do not start working with somebody that is willing to work with the community, to suit their needs, it will be too late.  She discussed the quaintness of the proposed project and the fact that it has been designed with two levels, for offices, so that business owners like herself, who currently work from their homes and would like to have a place to expand and bring in employees, have a place to go to work and not have to work out of their homes.  She asked that people not be scared by the square footage, noting that the way the project is designed is unique and will lend an aesthetically pleasing value to the community and, if the Board approves the request, they will have a say during the permitting and planning stages, to make sure that it fits within the specifications that the developer has promised.  She asked for the Board’s leadership, in helping to cut through the red tape that has been brought before them this date and to follow the lead of the Zoning Board and approve the project.

            Ms. Leslie Garvis, the owner of a horse farm in Sorrento, addressed the Board in opposition to the request, stating that she feels there is a certain sector of the community that is not being represented this date, because they are probably at home working their farms.  She stated that she and her husband moved to the area five years ago, because they thought, after looking for several years, it was the perfect place to have a horse farm and business.  She stated that there are a lot of horse farms in the area and she does not think people realize what a big business horse farming is, noting that she just returned from a horse show and sale in Arizona, where horses sold from $50,000 to $2.8 million.  She stated that it is a huge business, elaborating on the number of people who make a good living off of the horse industry, however, noted that they keep getting pushed out of areas and there are not too many areas left for people in the horse business to go.  She feels the proposed project is too large of a scale and proportion for the area and asked that the Board preserve the County’s rural communities and deny the request.

            Mr. Peter Stadler, a resident of Sorrento, who moved to the area over 28 years ago, addressed the Board in favor of the request, stating that something people have not thought about is the working class and the fact that they cannot afford to drive 18 miles two times a week to go grocery shopping, especially with the cost of gasoline being what it is and the fact that it is going to increase even more before the Summer is over.

            Ms. Kathie Beselica, a resident of Sorrento for the past 13 years, addressed the Board in opposition to the request, stating that she has struggled with it, because she has friends on both sides of the issue.  She stated that she really likes the developer, Mr. Fabrizio, but feels the proposed project is before its time.  She stated that she and her family moved to the area for the gopher tortoises, the cows, the horses, the beehives, and the migratory bird patterns and away from asphalt and concrete.  She believes the residents that moved to the Mt. Plymouth/Sorrento area moved there for its uniqueness and that the only way to keep it unique is to fight for it.  She displayed various aerials and plans (Opposition’s Exhibit C) of other developments, such as the one being proposed, that the developer, Primerica Group One, Inc., has developed across the State of Florida, which were submitted for the record.  She noted that she feels the proposed project will be a hardship on the quality of life that the residents of the Mt. Plymouth/Sorrento area try so desperately to keep.

            Mr. Randy Sanders, a resident of Mt.  Dora, had to leave the meeting, but turned in a card indicating that he was in favor of the request.

            Ms. Peggy Belflower, a resident of unincorporated Lake County, addressed the Board and asked that they vote in favor of the County’s Comprehensive Plan, Land Development Regulations (LDRs), and Future Land Use Map (FLUM), all controlling documents for land planning and land use in the County and in favor of staff’s very thorough and well documented Staff Report, which asks the Board to deny the request of the applicant.

            Mr. George Gideon, a resident of Sorrento, addressed the Board in opposition to the request, stating that he is not afraid of change or growth, but is afraid of uncontrolled growth and that there are too many “ifs” involved with this request for him to feel comfortable with it.  He stated that the area is facing problems with water and questioned who was going to pay to have his well re-drilled when it goes dry – he is.  He discussed property rights and the fact that the residents want the Board to save their property rights.

            Numerous cards were turned in, for the record, from individuals in favor of the request, who did not address the Board.

            Mr. Steve Richey, Attorney, representing the developer, readdressed the Board in rebuttal to some of the comments that were made this date, at which time he asked Mr. Greg Beliveau, LPG Urban and Regional Planners, Mt. Dora, to address the Board.  He questioned Mr. Beliveau about his background and the fact that he was an expert in his field and has testified in the past on behalf of the County and the County’s Comprehensive Plan.  It was noted that he served on the committee that drew up the Lake County Future Land Use Map that is currently in use, as well as wrote some of the policies and was a witness for the County, when it was challenged in 1992, so his testimony this date was based on his personal knowledge of how the policies have been applied historically and how they were created to begin with.  He discussed areas of the Staff Report that he felt were in error, specifically the LDRs related to Table 3.02.06; the portion of the Comprehensive Plan related to lands within the Mt. Plymouth/Sorrento Urban Compact Node and outside of the Wekiva River Protection Area Boundary and development regulations of the County which pertain to the Urban land use category; the fact that a traffic study was done and it was found that, for the traffic system involving SR 46 and CR 437, all road segments were within the adopted Level of Service standards, although there are three intersections that need improvements, but, as part of the proportionate share requirements, which the developer is committed to meet, those intersections will have to be improved, before the developer can obtain needed permits, at which time he submitted, for the record, a packet (Applicant’s Composite Exhibit E) containing a map with red dots indicating various developments; an excerpt from the County’s Comprehensive Plan, related to the Mt. Plymouth/Sorrento Urban Compact Node; the results of the traffic study that was done for the proposed project, alluded to earlier; a demographic profile, containing a 1990-2000 Census, 2006 Estimates, and 2011 Projections; various aerials, maps and charts; a map showing the various zoning classifications in the area; and a conceptual plan for The Village Commons proposed project.

            Mr. Richey informed the Board that, in his 30 years of being an attorney, he has found the hardest thing to do is to get people to attend a meeting in support of a project.  He stated that it is always easy to get people to oppose a project, but for a community to attend a Board Meeting in support of a project is unique.  He stated that the people present at this meeting in favor of the request were present at the Zoning Board Meeting, as well, because the plan before the Board is based on the vision they have for their community.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

            Commr. Hill stated that she had asked Mr. Sheahan, Planning and Community Design Director, to display examples of some local commercial developments the size of the proposed project, so that everybody could get a feel for what this project will look like, at which time he displayed photographs (County Exhibit A) of various shopping centers the approximate size of the proposed project, which he reviewed with the Board.

            Mr. Sheahan disagreed with some statements that were made about the Staff Report, with regard to this request, pertaining to the Urban Compact Node and Future Land Use Category (FLUC) and Community Activity Centers, and clarified, for the record, staff’s position on the matter.

            Commr. Cadwell questioned whether Mr. Sheahan was still comfortable with staff’s Findings of Fact listed in the Staff Report and was informed that he was.

            Commr. Stewart stated that, in studying this case, she came to the realization that both sides of this issue have way more in common than not, noting that both sides recognize the fact that Mt. Plymouth and Sorrento are growing; that both sides realize a sound commercial base is important; both sides want convenience of services and a walkable community; both sides want to work and shop in their community; and both sides want a beautiful Main Street commercial district, but, unfortunately, a campaign was initiated that has divided the community.  She stated that it was turned into an “us” against “them” battle, with a divide and conquer mentality, which she feels is a real shame.  She stated that the only issue before the Board this date is the size of the development and the fact that it is against the County’s Comprehensive Plan and that she hoped everyone present listened to staff’s report - that Mr. Fabrizio’s development is 215,325 square feet, which is the size of the development that exists between the Cities of Eustis and Tavares, along very busy four-laned Hwy. 441, that was designed to serve three cities - Mt. Dora, Tavares, and Eustis.  She stated that the entire development, including the out parcels of Sun Trust Bank, Applebee’s, Gator’s Dockside, Finley’s, Sonics, and Bank First is 188,331 square feet - 26,994 square feet smaller than the proposed development, which the applicant wants to put in the middle of an area where most of the residents have stated that they want to remain as rural as possible, for as long as possible.  She stated that the development would cause three nearby intersections to fail, although pointed out the fact that Mr. Fabrizio, using his proportionate share, could accommodate one of the intersections, but the other two he could not and the County has no funds in its budget to even think about touching them.  She stated that the unfortunate thing is that one of those intersections would involve condemnation of existing businesses, in order to acquire the needed right of way.

            Commr. Stewart reviewed the history of what has occurred in the Mr. Plymouth/Sorrento area over the past few years, with regard to the formation of the Mt. Plymouth/Sorrento Planning Advisory Committee and the proposed project, noting that it has almost doubled in size, and, instead of being appalled, six people on the Committee did an about face and began to support the development.  She stated that she did not understand their reasoning then, she does not understand it now, and will never understand it, noting that they were supporting a development that went against the very Comprehensive Plan Policies they created.  She stated that, upon being elected County Commissioner, replacing former County Commissioner Catherine Hanson, she took over the Committee, which got bogged down in arguing about the proposed project, and, instead of moving forward, it stagnated, which is when she decided something needed to be done, because the Committee had important work to do.  With approval of the Board, she abolished the entire membership of the Committee, however, invited each one of them to reapply and opened it to new members, as well, which is when three of those six members she alluded to earlier resigned and began their divide and conquer plan that has pitted neighbor against neighbor and friend against friend and got the newspapers involved, as well.  She stated that the fact that this issue has divided the community the way that it has is good enough reason for her to step back and question whether it is really good for the community and that so many half-truths and misleading statements have been flying around that she is sure everybody is confused, but feels that no one can dispute the fact that Mr. Plymouth and Sorrento are special places that are beautiful and unique and there are not many places like them left.  They are an important part of America that is fast disappearing every day.  She further stated that private property rights should never be used as an excuse to trample the County’s Comprehensive Plan and the truth is that the proposed development is too big for the area; it provides no sense of community; it will put existing businesses out of business; it will bring in more traffic; and it will invite more development.

            Commr. Stewart stated that, if the Board approved this project, it would have to say “Yes” to the next one and the next one and the next one.  She asked the Board to not let Mt. Plymouth and Sorrento disappear in a sea of development, like so many other small communities have, but to take their time and do this one right.  She asked the Board to give the Mt. Plymouth/Sorrento Planning Advisory Committee, of which the members she would be announcing later on in the meeting, time to finish its work on the Main Street commercial district that fits in with the community and with the existing businesses.  She announced a public meeting to be held on March 25, 2008, at 6:30 p.m., at Round Lake Elementary School and invited everyone to attend, noting that staff would be present to answer any questions there might be.  She noted that the County’s new Comprehensive Plan is getting close to being submitted, so the Mt. Plymouth/Sorrento Planning Advisory Committee will be working on Land Development Regulations for the area.  She repeated a quote that she had read recently in the newspaper, where an individual stated, “What I am looking for is confirmation that Lake County cares about planning and believes that achieving good planning, which can create exceptional communities, is worth working hard for and worth proceeding with caution for.”, noting that that was all she was asking for, because she wants the very same thing.  She stated that staff recommended denial of this request and the County’s Comprehensive Plan demands denial; therefore, she was also recommending denial.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board overturned the recommendation of the Zoning Board and denied Rezoning Case No. PH35-07-4, Carole and Michael Reading, Sorrento Commons, LLC/Louis Fabrizio, a request to rezone 31.79 acres from Planned Commercial (CP), Rural Residential (R-1), Urban Residential (R-6), and Agriculture (A) to Planned Commercial (CP), to allow for a mixed use commercial center, including general retail, general restaurants, professional office, and civic facilities.

            RECESS AND REASSEMBLY

            At 1:50 p.m., the Chairman announced that the Board would take a 15 minute recess for lunch.

            WORKSHOP

            ECONOMIC GROWTH AND REDEVELOPMENT STRATEGIC PLAN

            Ms. Dottie Keedy, Economic Growth and Redevelopment Director, informed the Board that Mr. Alan Cox, T.I.P. Strategies, would be presenting them with the final draft of the Economic Development Strategic Plan for Lake County, which staff has been working on since August of 2007.  The Steering Committee met a couple of weeks ago and gave input for the draft document, resulting in the final document being presented this date.

            Mr. Cox presented a power point presentation pertaining to the adoption of the Economic Development Strategic Plan “Building Bridges for Economic Development in Lake County”, at which time he reviewed the highlights of the plan and discussed the strategies and targeted industries.  He stated that there are very few major employers in the County, which has a population of almost 300,000 people, so they see that as a challenge, and, because the type of growth patterns that have occurred in the County over the years has been primarily residential, it has affected the County’s tax base and made it very susceptible to the housing market and reliant on rooftops, which, in many cases, do not pay for themselves, in terms of all the services required.  He stated that another big challenge they see, which might be the biggest challenge the County is facing, is a lack of consensus on what Lake County wants to be when it grows up, and, as a result, there has been uncoordinated planning.  Part of it is the fact that there are 14 municipalities in the County and getting everyone to be on the same page is a difficult prospect for a county as large as Lake County and there is no urban center in the County, to set the tone and pace for what is going on.  As a result, growth management, image, and perception are some issues that the County is facing at the present time, in terms of economic development and how it is used by the business community, and, because of the uncoordinated approach that has occurred over the last 10 to 20 years, there is a threat that a lot of the prime sites for economic development – strategic locations where employment centers could occur, might be lost.

            Mr. Cox stated that there are a lot of opportunities in the County and he is very optimistic about its future, although it is becoming more and more apparent that the Country is entering into a national recession.  He noted, however, that he sees it as an opportunity for the County to take a breath, understand what has been going on over the last few years, and take the steps that are necessary to go in the direction that the County and its citizens want to go, in terms of economic development.  He stated that the County has a good blueprint for economic development, so it needs to go forward with it and then it will be ready when the economy picks back up.  He feels health care is a huge opportunity for the County, in that it has three great hospitals, and he applauds the Lake County School System for its magnet school, which is going to have a health care curriculum, noting that he feels that is a big bonus for the County.  He stated that, with the regional demographics of Central Florida, there is nowhere to go but up, in terms of health care, and the strategy for that is how to get the best out of it and not just have two or three hospitals, but to create a health care cluster in the County and became known as having one of the Nation’s best health care systems.  He stated that he sees a lot of opportunities, in terms of outdoor recreation, with the County having a large number of lakes, lots of open green space, and the National Training Center, suggesting that they all be combined, to create something unique that will go with health care, which he feels would be the County’s best nitch within the overall health care industry.  He feels higher education is another big opportunity for the County, with the regional workforce being one of the upsides to becoming a bedroom community to Orlando, noting that the County is part of a larger labor pool within the region, which is increasing across the Country.  He stated that they are seeing that suburbanized areas are becoming defacto employment centers, because in many cases the work force lives in the suburbs and they are tired of fighting the traffic to get to work.  Many employers are recognizing this fact and are increasingly looking at suburban locations for their businesses.  He stated that something else the County needs to embrace as an economic opportunity are the authentic downtown areas that are scattered throughout the County, noting that they set the tone for the community feel that the County has.

            Mr. Cox discussed further the various targeted areas for the County, being Health and Wellness; Agritech; Retail, Arts, Recreation, and Leisure; Business Services; and Clean Tech (green building and clean energy).  He stated that the vision for the County should be as Central Florida’s emerging business center and Lake County will strengthen its position as a business center for Central Florida by aggressively pursuing opportunities and building collaborative relations with local and regional allies, at which time he reviewed the following:

            ECONOMIC DEVELOPMENT GUIDING PRINCIPLES

            (1)        Aggressively promote economic vitality and tax base diversification.

            (2)        Promote environmentally sound, quality, economic development.

            (3)        Promote site and building locations near and within incorporated communities.

                        primarily and promote site and building locations outside their service areas

                        secondarily.

            (4)        Promote economic development that supports Lake County’s high quality of life

                        and sense of place.

            (5)        Promote the construction and maintenance of adequate infrastructure.

            (6)        Partner with other local organizations and regional partners.

            (7)        Remain committed to developing and maintaining talent, by advocating and

                        promoting excellence in education.

            GOALS

            (1)        Coordinate efforts with allies and leaders.

            (2)        Diversify the tax base through innovation, industry attraction, and business

                        development.

            (3)        Enhance and promote quality of place.

            (4)        Develop, attract, and retain talent.

            MAJOR INITIATIVES

·        Countywide economic development partnership.

·        New LSCC campus.

·        One-stop shop for entrepreneurial assistance programs and economic development services.

·        New UCF regional campus in Lake County, similar to Seminole Community College’s Center for Economic Development.

·        Economic development GIS System.

·        Mixed-use development and entertainment destinations in downtown areas.

·        Marketing and image campaign, promoting Lake County’s commitment to sustainability in lifestyle and environment.

·        Specialized public secondary academies that are linked to economic development targets.

            Ms. Barbara Mittermaier, representing Dr. Charles Mojock, President of Lake-Sumter Community College, who was unable to attend the meeting, addressed the Board and read into the record a response from Dr. Mojock, with regard to Page 35 of the plan, which deals with the location of a Performing Arts Center.  In his response, Dr. Mojock thanked the Board for making the change that he suggested, noting that it helps to make it clear that there are two distinct tasks and that he believes the consultants, the Committee, and staff have done an excellent job in crafting a plan that is comprehensive, appropriately targeted, and achievable.  He stated that he enjoyed being a part of the Steering Committee and appreciated the opportunity to serve, however, pointed out the fact that he felt conducting a study to determine a suitable location for a Performing Arts Center seemed to be redundant and unnecessary and questioned whether there were other central locations with highway access, infrastructure, and parking available, and, if so, whether it would be free, like the land at Lake-Sumter Community College Leesburg Campus is; whether they provided significant private funding and state matching funds, like the college does; and whether they relieve the County and the Cities of ongoing operational expense and capital maintenance obligations, like the college does.  He stated that the County may or may not decide to provide capital funding for the LSCC Performing Arts Center, but he feels it does not need to send a message that the community is divided on which performing arts center project they support.  He believes the County must take the lead with the Cities on Strategy 3, Action B, just as the County is assigned the lead in Strategy 1, Actions A and B, regarding outdoor recreational options, and that the support of a multi-purpose performing arts facility must be a countywide strategy, in that we do not have a city like Orlando as the major population and business center for the County and, therefore, capable of undertaking such a project.  He stated that, if the leadership is handed over to the Cities, a regional facility will not become a reality in the foreseeable future, therefore, suggested the following Action B task:  Support the efforts to establish a multi-purpose Performing Arts Center at Lake-Sumter Community College, which has the capacity to serve the current and projected future needs of the County.  He stated that this statement does not obligate the County to provide financial support, but does affirm that they at least have a common goal, and if they truly have a goal to have a Performing Arts Center in the community, the Lake-Sumter Community College project is by far the best way, if not the only way, to make it happen.

            Mr. Robert Johnson, representing the Chamber Alliance and its President, Mr. Ron Wallace, who could not be present, addressed the Board and thanked them for their efforts in funding the proposed Performing Arts Center project.  He noted that the matter was taken before the Chamber Alliance at their last meeting and was endorsed unanimously by its Board.  However, he pointed out the fact that he was not sure they understood every word contained in the plan, but that they do understand that this is just a blueprint to get the project started and that the real work is going to have to be done by the Chambers who are committed to working with the County to make it happen.

            A motion was made by Commr. Stewart and seconded by Commr. Hill to approve the Economic Development Strategic Plan – “Building Bridges for Economic Development in Lake County”, as presented.

            Under discussion, Commr. Hill stated that she felt the Board needed to address the point that was made by Dr. Mojock, through Ms. Mittermaier, with regard to Page 35 of the plan.  She clarified the fact that the lead is under the Cities and the partner is the County in this action item, being Strategy 3, Action B, bullet point 4, noting that what is being asked is that the Board name the location for a multi-purpose facility for the performing arts.  She stated that Dr. Mojock would like to have the facility located at the Lake-Sumter Community College Leesburg Campus and questioned whether the Board felt there would be a problem with doing so from the Cities, because they are supposed to be taking the lead in the matter.

            Commr. Stivender interjected that she is the liaison Commissioner to the Arts and Cultural Alliance and they are currently working with the Cities to come up with plans within their own cities, however, noted that none of them would have the ability to pay for a performing arts center, which would cost approximately $25 million.  She stated that she hopes the Cities will come to understand that Lake-Sumter Community College is probably the appropriate place for it to be, in that it is free land and they have the backing from the State that the County does not have.  She stated that she has not heard anyone say they are against having it there, but that she would assume, in order to get a performing arts center in the County, they would back it.

            Commr. Stewart commented that she felt the benefits of having it at Lake-Sumter Community College would be unbelievable and that the County would be hard pressed to find a better place for it, and she believes a performing arts center would be of benefit to the Cities.

            Commr. Hill stated that, if the Cities are all in agreement with it being located at Lake-Sumter Community College and the property is still available, they could put it in the plan and reword the sentence pertaining to it.

            Commr. Renick informed the Board that she did not know if it would be appropriate to say that Lake-Sumter Community College would be the lead and the partners would be the County/Cities, or whether the lead would be the County and the partners would be the Cities/Lake-Sumter Community College.

            Commr. Stivender interjected that she felt the whole section was going to have to be changed, because the language contained in the other three bullets involve the Cities.

            Commr. Hill reminded the Board that it is the County’s document.  She stated that she did not want to step on any of the Cities’ toes, but that she feels they are all in agreement with the Board, in that the Board recognizes the fact that the Lake-Sumter Community College Leesburg Campus is the site location for a multi-purpose facility for the performing arts.  She stated that she would just like to change one sentence under bullet point four and leave the rest of them the same.

            Commr. Stivender suggested that the wording “and suitable location” be struck from the first sentence of the fourth bullet, noting that the Board agrees that the location for the facility should be the Lake-Sumter Community College Leesburg Campus.

            Discussion continued regarding the matter, at which time Mr. Cox was asked to provide the appropriate language.  He suggested that the sentence read, “Support the efforts to develop a performing arts center at the Lake-Sumter Community College Leesburg Campus, where existing infrastructure and capacity are in place.”

            Commr. Stewart amended her motion to include the language suggested by Mr. Cox, which was seconded by Commr. Hill.

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

            OTHER BUSINESS

            APPOINTMENTS TO MT. PLYMOUTH/SORRENTO PLANNING ADVISORY

            COMMITTEE

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board appointed the following individuals to the to the new Mt. Plymouth/Sorrento Planning Advisory Committee, for two-year terms, effective from the date of appointment, as follows:

            Priscilla Bernardo Drugge

            G. Curtis Duffield

            Jeanne Etter

            Leslie Garvis

            Dr. Ronald E. Holman

            Scott Taylor

            Judith Weis

            REPORTS – COUNTY ATTORNEY

            PLAAC PROPERTIES PROCESS UPDATE

            Mr. Sandy Minkoff, County Attorney, gave the Board a brief update on the PLAAC properties process, noting that they were recently given packets containing appraisals on the eight PLAAC properties.  He stated that the County had received seven offers back and that an agenda item had been prepared for the March 18, 2008 Board Meeting, for discussion.  In advance of said meeting, staff will send blank contracts to all seven of the property owners, to make sure they do not have any problems with the legal language contained in them, and Mr. David Hansen, Public Lands Manager, has arranged to immediately have surveys and environmental reviews conducted for any parcels that the Board would like to have go forward.  He stressed the fact that the appraisals and offers the Board received were confidential.

            REPORTS – COUNTY MANAGER

            PRIORITIZATION OF FEDERAL LEGISLATIVE REQUESTS

            Ms. Cindy Hall, County Manager, informed the Board that staff had submitted a letter to the County’s lobbyists in Washington, D.C., containing four requests for federal funding, based on letters that were sent last year by the Board and on their advice as to what projects would be more likely to be eligible for funding.  She noted that Senator Martinez’ Office had asked that the Board prioritize said items by March 1, 2008.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board prioritized the requests for funding, as follows:

            First - 800 Mhz Communications System - $642,500 (balance of $1million requested in 2007)

            Second - Transportation Mobility Center - $3,500,000

            Third - EOC Technology Systems - $1,500,000

                        EOC Facility Construction - $3,300,000

            The 2007 request for EOC was $6,000,000.  Due to Federal funding programs/requirements, this request was broken into constituent parts to increase            potential funding for technology.

            RESCHEDULING OF BUDGET WORKSHOP

            The County Manager informed the Board that the Budget Workshop, originally scheduled for 2:00 p.m. this date was being rescheduled for Friday, March 7, 2008, in Room 233 of the Administration Building, and that a workshop originally scheduled to be held on that date between the Board and the departments of Procurement and Employee Services would be rescheduled for a later date.

            OTHER BUSINESS (CONT’D.)

            EMERGENCY OPERATIONS CENTER (EOC) ANNOUNCEMENT

            Mr. Jerry Smith, Emergency Management Director, informed the Board that the Turkey Point power production facility in Miami went down this date and there have been statewide power outages.  He noted that Lake County was affected from the Four Corners area to Lady Lake, as well as areas of Fruitland Park and Mr. Dora, but that, in speaking with Progress Energy and Sumter Electric Cooperative (SECO), they were expecting everything to be back to normal by approximately 5:00 p.m.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL UPDATE

            Commr. Renick stated that she had attended the East Central Florida Regional Planning Council Meeting and that myregion.org initiatives were discussed, as well as the Department of Environmental Protection’s Ecological Greenways Map, and that Polk, Orange, and Lake Counties agreed that environmentally sensitive lands should be identified on the map, but the other four counties disagreed, indicating that they did not want it on the map.  She noted, however, that the map has not yet been voted on.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            4-H CLUB COMMUNITY SERVICE PROJECT

            Commr. Stewart reminded those present about the elementary school student (Angelina Carnecchia), who is participating in a 4-H Club community service project, helping children from abused families, noting that last month a record breaking number of abused children were taken out of their homes and they have so many needs.  She stated that gently used books, videos, DVDs, and complete board games are being collected for Angelina for the benefit of said children at the Lake County Agricultural Center and asked that people donate their pennies and spare change, or purchase new items and drop them off for her at the Ag Center, as well.

ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:15 p.m.

 

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

ATTEST:

 

 

 

__________________________

NEIL KELLY, CLERK