A REGULAR MEETING OF THE BOARD
OF
MARCH 25, 2008
The Lake County Board of
INVOCATION
Pastor Ed Price, from the United
Faith Assembly of God in Leesburg, gave the Invocation and led the Pledge of
Allegiance.
AGENDA UPDATE
Ms. Cindy Hall,
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved to place said item on the Agenda.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the
Community Services
Request for approval to accept unanticipated revenue, in the amount of $1,000.00, from Gateway Community Health Center, Inc., to implement the “Your Heart, Your Life” (Salud Para Su Corazon) education and outreach program targeting Latino communities in Lake County.
Procurement
Request for approval and execution of a contract with Superior Asphalt of Central Florida, Inc., to provide a water main installation for Fire Station No. 72. The cost of this contract is not to exceed $31,500.00 - Commission District 3.
Public Works
Request for approval for Department of Public Safety, Fire Rescue Division, to submit a grant application to the United States Fire Administration Assistance to Firefighters Grant Program. The grant is administered by the Department of Homeland Security and is available to help fire service agencies improve the health and safety of the public and emergency response personnel. The grant program has an application period of March 3, 2008 through April 4, 2008, with awards given out prior to the end of the year. Local matching fund dollars will be requested through the budget process for 2008/09.
Request for approval of Resolution
No. 2008-42, to advertise Public
Hearing for Vacation Petition No. 1131, to vacate right of way and cease
maintenance at the intersection of
Request for approval and authorization for Chairman to execute submitted Satisfaction of Assessment Liens for three (3) road assessments - Commission Districts 4 and 5.
Request for approval of Resolution No. 2008-43, to advertise Public Hearing for Vacation Petition No. 1125, to vacate and cease maintenance on portions of Lakeshore Drive (CR1040) and Lake Louisa Road (CR0847), located in Section 6, Township 23E, Range 26S, in the Clermont area - Commission District 2.
Request for authorization to release cash funds posted for maintenance, in the amount of $17,511.03, for Tuscany Estates at the Lakes. Tuscany Estates at the Lakes consists of 27 lots and is located in Section 31, Township 22 South, Range 26 East - Commission District 2.
Request for authorization to release a performance bond, in the amount of $986,241.38, posted for Foxchase. Foxchase consists of 162 lots and is located in Section 6, Township 23 South, Range 26 East - Commission District 2.
Request for authorization to amend
Developer's Agreement between
Request for authorization to execute Change Order No. 1 to Countywide Resurfacing, Lane Park Cutoff Road Sidewalk and Mohawk Road Sidewalk Project No. 2008-01, to Orlando Paving Co., a division of Hubbard Construction, in the amount of $38,170.30.
Mr. Sandy Minkoff,
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the
Request for approval of Interlocal
Agreements with the City of
Request for approval of Sublease
Agreement between
PRESENTATION
NATIONAL COMMUNITY DEVELOPMENT
WEEK 2008 PROCLAMATION
Proclamation No. 2008-30, recognizing the Community Development Block Grant Program (CDBG), which was started in 1975 to provide local governments with the resources required to meet the needs of persons of low and moderate income and whose funds are used by thousands of neighborhood based nonprofit organizations throughout the nation to address pressing neighborhood and human services needs, was presented by the Chairman to Mr. Bill Gearing, Community Enhancement Coordinator, and Ms. Barbara Schamel, Project Manager, Public Service Projects and Construction Projects, Community Services Department, proclaiming March 24-30, 2008 as National Community Development Week 2008.
MODIFICATIONS TO JOINT
PARTICIPATION AGREEMENT WITH
DEPARTMENT OF TRANSPORTATION
Mr. Ken Harley, Public Transportation Director, addressed the Board stating that his department received a grant from the Florida Department of Transportation (FDOT) to provide transportation services to the County’s elderly and disabled, as well as to purchase equipment, and that they were asked to modify their Joint Participation Agreement (JPA) with FDOT, because some language was left out of the Agreement, when it was originally approved. He stated that it pertains to federal assurances that the County indicates it is going to adhere to, being that they will administer an Alcohol and Substance Abuse Program, that there will be no kickbacks in the program, and that there will not be any utilization of the vehicles purchased with their funds for a charter service, although he noted that there is a new change that is coming out in April that will allow governmental agencies to use buses purchased under the Federal Transit Administration (FTA) for charter services up to 80 hours per year and that the County will ensure that it will only buy American products, which is what the requested change reflects.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of modifications to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT), in regards to the Section 5311 Program, as presented.
REPORTS –
NEW
The Chairman informed the Board that
they had been presented with a copy of the
Fleet Management will be under the Office of Procurement and a new department, Conservation and Compliance, was created, which includes Code Enforcement and Soil and Water and falls under Environmental Services and Infrastructure.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the new Organizational Structure, as presented.
The Chairman commended the
PUBLIC HEARINGS: REZONING
REZONING CONSENT AGENDA
Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, addressed the Board stating that there were no changes to the Rezoning Consent Agenda.
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 the Rezoning Consent Agenda, as follows:
Ordinance No. 2008-12
Steve Richey and Gary Cooney, PAs
Rezoning Case No. PH19-07-3
Amend Ordinance No. 1998-78, that allows a 300 dwelling unit PUD. The amendment consists of the addition of five acres of open space and three single family residential lots, for a total of 303 dwelling units, as presented.
Ordinance No. 2008-13
Gina Thomas
Rezoning Case No. PH14-08-4
Rezoning
of property from Rural Residential (R-1) to Agricultural (A), in order to raise
and sell
REZONING CASE NO. PH46-07-4 – R-1
TO CFD – TERRY CLARK
NEW
Ms. Karen Ginsberg, Senior Planner,
Planning and Community Design, Growth Management Department, presented this
case, stating that the applicant was requesting to rezone 2.5 acres from Rural
Residential (R-1) to Community Facility District (CFD), to allow for the
operation of an existing church with associated uses, including, but not
limited to, a worship center/social hall for church services and other
associated activities, such as community outreach, after school programs,
fundraisers, and parking. The property
is located in northeast
1. The application is consistent with Section 3.00.03 of the Land Development Regulations (LDRs) that permits the Community Facility District Zoning District in the Urban Compact Node Wekiva Future Land Use Category.
2. The application is consistent with Section 3.00.03 of the Land Development Regulations that permits the Community Facility District Zoning District in the Wekiva River Protection Area.
3. The application is consistent with Table 3.01.3, Schedule of Permitted and Conditional Uses, which permits churches in Community Facility Districts.
1. The application is consistent with Policy 1-12.1, Consideration of Community Facilities, of the Comprehensive Plan, which permits necessary community facilities within any Future Land Use Designation, provided such activity satisfies established criteria of the Comprehensive Plan and Land Development Regulations.
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. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2008-14, Terry Clark/New Hope Missionary Baptist Church, Rezoning Case No. PH46-07-4, a request to rezone 2.5 acres from Rural Residential (R-1) to Community Facility District (CFD), for an existing church, as presented.
REZONING CASE NO. PH08-08-5 – AMEND ORDINANCE NO. 2005-71 – STEVE
AND PAMELA HUNIHAN/LESLIE
CAMPIONE, PA
Mr. Steve Green, Chief Planner, Planning and Community Design, Growth Management Department, presented this case, a request to amend Ordinance No. 2005-71, removing language in Paragraph 1.G. that sunsets development approvals for the activity after 2 years, as it could be interpreted as an unenforceable condition. Section 14.09.03 of the Land Development Regulations (LDRs) contains specific provisions for the expiration date of site plan approvals. As a site plan for this property has yet to be submitted to undertake the commercial activities allowed by the Ordinance, the language contained in Paragraph 1.G. is rendered moot. The property is currently zoned Planned Commercial (CP) and is located at CR 439 and CR 44A. Based on the following Findings of Fact, staff recommended approval of the request:
1. The application is consistent with Policy 1-3A1.(4) of the Comprehensive Plan, Future Land Use Element, that specifies the provisions for neighborhood convenience center within rural areas.
2. The proposed zoning amendment is consistent with the provisions implemented at the time of the original approval of Ordinance No. 2005-71.
The Chairman opened the public hearing.
No one was present in opposition to the request.
Ms. Leslie Campione, Attorney, representing the applicants, addressed the Board stating that she represented them when they initially presented a request before the Board for rezoning of the property in question. She gave a brief background history of the request, noting that the applicants had some issues with some of the neighbors who were concerned about the size of the property and the possibility of a gas station or bar/tavern being constructed on it. She stated that everyone seemed happy with the idea that there might be a nursery or convenience store constructed on the property, as opposed to gasoline pumps. She stated that all those issues were worked out and the applicants agreed that, at the time of site plan approval, they would bring in design criteria for the architecture of any buildings that would be constructed.
Commr. Cadwell pointed out the fact that the buildings were to have a country store type look to them.
Ms. Campione stated that they had hoped the County would have its own architectural requirements in place by the time the request was brought before them, so that the applicants would not have to draft their own, however, noted that they brought in a sample that they used for the City of Mt. Dora, to make sure that it had a look that was consistent with the rural feel of the area. She stated that the provision that is being asked to be removed, she did not remember ever being an issue, and she feels it is something that is addressed in the LDRs and that it was just added acknowledging that site plan approvals have a limited life span, if an applicant does not develop on a parcel of property, and that is what that provision was directed at, however, noted that the County’s Code already provides for a sunset on site plan approvals. She stated that all the applicants are asking for is the removal of that particular provision, because it caused confusion. She talked to staff and everyone agreed that it was going to cause some problems; therefore, they felt it needed to be clarified.
Commr. Renick stated that she felt the Board at the time had some reservations about this request, thus, the reason for putting the sunset provision in the Ordinance.
Ms. Campione interjected that there was never one word spoken about a time frame.
Commr. Cadwell stated that the items of concern at the public hearing were under Paragraph 1.A.1. of the Ordinance, which prohibits gas pumps/stations, automotive service stations, and bar/tavern, because the Board knew that, if they prohibited such things, there would be no chance of having a chain convenience store constructed on the property and they wanted the design to have a country store look to it, because of the area that it is located in.
Commr. Stivender interjected that the Board never addressed Paragraph 1.G., which was something that staff was concerned about. She stated that years ago it was tied to the site plan, so there was no discussion about it.
Commr. Stewart informed the Board that she had a lot of concerns about this request. She stated that the property is located in a very rural area and, for it to have been rezoned from Agriculture to Planned Commercial did not make sense to her, since it is such a rural area. She stated that she was thinking about asking for a county initiated rezoning of the property back to Agricultural, so she needed to have some real assurances that the request was not going to promote sprawl in the area and that it was definitely going to be a small country store. She indicated that she was concerned about some loopholes that might exist that would allow something else to come in that the residents might not like.
Ms. Campione stated that the applicant was not asking for a rezoning, at which time she referred to the Comprehensive Plan and the locational criteria, noting that the property qualifies for the requested land use. She stated that it was consistent with the County’s Comprehensive Plan at the time that it was adopted and it continues to be consistent with the Comprehensive Plan. Another thing that she brought up was the fact that there are limitations on the uses, as noted earlier by Commr. Cadwell, contained in Paragraph 1.A.1., on Page 2 of the Ordinance. She stated that it would be impossible for someone to come in with a site plan for a gas station, because there is no way to get around it in the Land Development Regulations, which are in place to dictate the design of sites, and her experience with the County’s site plan approval process is that staff is very thorough – they do not leave any stone unturned.
Mr. Ken LaRoe, Chairman of the Public Lands Acquisition Advisory Council (PLAAC), addressed the Board stating that this request is of concern to the residents, because it is a Planned Commercial (CP) zoning classification and the property was not developed in the time frame that it was given to be developed, which is two years. He stated that the way the Ordinance was written, the request was designed to sunset.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
Mr. Brian Sheahan, Community Development and Design Director, Planning and Community Design, Growth Management Department, addressed the Board stating that, to clear up any confusion about the request, this provision would not apply to the Ordinance itself, but would only apply to any development orders issued under the Ordinance.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried, by a 3-2 vote, the Board approved Ordinance No. 2008-15, Steve and Pamela Hunihan/Leslie Campione, PA, Rezoning Case No. 08-08-5, a request for an amendment to Ordinance No. 2005-71, removing an unenforceable condition in Paragraph 1.G., regarding the two year expiration of any development orders issued in conjunction with the activity within an existing Planned Commercial (CP) zoning district, as presented.
Commrs. Renick and Stewart voted “No”.
REPORTS – COMMISSIONER RENICK –
DISTRICT 2
EAST CENTRAL FLORIDA REGIONAL
PLANNING COUNCIL WATER
Commr. Renick brought up for
discussion the fact that the East Central Florida Regional Planning Council
(ECFRPC) voted to hold a Water Summit and she feels the Board needs to decide
where they stand on some of the water issues, because of things that are going
to be coming up. She stated that the
reason for the Water Summit is because everybody is aware of the seven northeast
counties that are getting together to fight about the issues of alternative
water sources, the taking of water from the St. Johns River, etc., and she
feels, based on the makeup of the ECFRPC, there may have been the feeling that
Central Florida needs to calm their fears and somehow work this out, however,
noted that she agrees with the concerns of those seven counties. She questioned whether the Board would agree
for staff to contact one of the main speakers at the
REPORTS – COMMISSIONER RENICK – DISTRICT 2
DOMESTIC SELF SUPPLY (DSS) STUDY
Commr. Renick stated that she would
be meeting with Ms. Barbara Vergara and Mr. David Hornsby, members of the St.
Johns River Water Management District (SJRWMD), who have been working on the
Domestic Self Supply (DSS) Study, regarding individual wells and their
accumulative effect on the County, in Palatka, on Wednesday, March 26, 2008,
and would be bringing that information back to the Board at a later date. She stated that there is still a concern
about developments being put in rural areas and the County’s part in it, with
regard to alternative water sources, noting that the Cities are very worried
about it. She stated that the County
spent the money to do the study and get all the information about it from the
SJRWMD, only to find that the cost for alternative water sources is going to be
astronomical. She stated that there was
discussion about the County enforcing its water restrictions and, if it is
going to do that, staff should look at the City of
It was noted that Mr. Gregg Welstead, Deputy County Manager, has been researching the matter and moving in that direction.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
POLICY REGARDING ART IN FUTURE
LAND USE ELEMENT OF AMENDED
COMPREHENSIVE PLAN
Commr. Stivender informed the Board that this request was a proposal by the Lake County Arts and Cultural Alliance, which is made up of the municipalities and the County, that a policy be included within the Future Land Use Element of the amended Comprehensive Plan reflecting that Lake County values art in the built environment, in both public and private areas, and finds that art be included as an option within their landscaping. She stated that they are currently trying to do it within the municipalities, but this would be countywide, so when commercial comes in, they would have the option of putting in some public art. She noted that the Local Planning Agency (LPA) has looked at the request and approved it and that she was now requesting the Board to approve it.
Mr. Brian Sheahan, Community Development and Design Director, Planning and Development, Growth Management Department, addressed the Board stating that it is something that was missed in the development of the Future Land Use Element and that the County needs to address art in public and private places, especially with the County’s design standards.
The Board was informed that they did not need to approve this request, that it was just a request for affirmation that said language could be added to the Comprehensive Plan.
Mr. Sheahan interjected that the Board would approve the proposed language, when the entire Future Land Use Element comes before them for approval.
It was the consensus of the Board that a proposal by the Lake County Arts and Cultural Alliance that a policy be included within the Future Land Use Element of the amended Comprehensive Plan reflecting that Lake County values art in the built environment, in both public and private areas, and finds that art be included as an option within landscaping be added to the Comprehensive Plan.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
CITY OF
Commr. Stivender stated that an
Antique and Classic Boat Show, the first one for the City of
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
CITY OF
Commr. Stivender informed the Board that the Leesburg Partnership will be having their annual fish fry on Thursday, April 3, 2008, at the Mote Morris House in Leesburg and that she had tickets for sale, should anybody wish to purchase one.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
NATIONAL PHYSICIAN’S DAY
Commr. Stivender stated that National Physician’s Day is Sunday, March 30, 2008, and that she wanted to remind everybody to remember that physicians save lives and to appreciate the work that they do.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
COMMISSIONER’S RE-ELECTION
CAMPAIGN
Commr. Stivender commented that she wanted to clear up some rumors that have been going around that she is not running for re-election and that she is dying, noting that she has a couple more months of chemotherapy to go through, but that she is feeling good and has more energy and that she is not dying and is running full force for re-election, to be the public servant that she has been for the past seven and a half years.
RECESS AND REASSEMBLY
At 9:40 a.m., the Chairman announced that the Board would recess until 10:00 a.m., for a discussion regarding the acquisition of properties by the County for the PLAAC project.
REPORTS –
ACQUISITION OF PROPERTIES BY COUNTY FOR PLAAC PROJECT
Mr. David Hansen, Public Lands Manager, addressed the Board and presented a power point presentation showing seven properties that have been either identified by the PLAAC Committee and/or selected by the Board for possible acquisition, indicating where said properties are in the County, in relation to other properties that the County has already acquired. The properties under consideration are, as follows:
·
·
“Bay Root” Pasture – located on
·
Dr. Baker Property – located on
·
Hyatt Property – located on
·
KPI Property – located on
·
·
Mr. Hansen then referred to a spread sheet that had been distributed to the Board showing the capital expenditures, to date, for the Public Lands Program, which contained figures for Outright Acquisitions, totaling $12,194,529.00; a Partnership Agreement for the Neighborhood Lakes property, totaling $5 million; two grants to the City of Clermont (Inland Groves property), totaling $2.5 million each; and PLAAC Supported Funding for property improvements (includes restoration), in the amount of $4.5 million, and Trails Right of Way acquisition for the South Lake Trail, in the amount of $1 million, which he reviewed with the Board. He noted that the Grand Total comes to $27,694,529.00, with $35,758,933.00 in Referendum Funds, and $115,000 for the acquisition of five acres of the Ellis property for a fire station for Public Safety, leaving a balance of $8,179,404.00, if all those things are taken into consideration.
Mr. Sandy Minkoff,
Commr. Renick, being the liaison Commissioner
to PLAAC, stated that she had distributed to the Board a memorandum from her
and a list from Ms. Rosie Mulholland, with the Department of Environmental
Protection, containing suggested costs for some of the start-up things, at
which time she read said memorandum into the record, indicating that she was
not partial to the south Lake County properties, because she feels the Board
has already made a huge commitment to south Lake County, by purchasing the
Kuharski property, which is going to enable the County to have a real gem of a
park there some day. She stated that she
applauds PLAAC’s efforts to try to piece together a number of properties, in
order to have a wildlife corridor from the Kuharski property to the
Withlacoochee State Park, however, feels that, when there are properties that
are limited to one home per 10 acres, there is a good level of protection
already in place – not only for wildlife, but from overdevelopment, as
well. She stated that she felt the Board
should focus their discussion this date on the two remaining properties –
Commr. Stewart concurred with the comments expressed in Commr. Renick’s memorandum, noting that she could have written it - that it was the exact same conclusion that she came to regarding the properties in question. She stated that the Green Swamp does have a good level of protection in place and that, in walking the Lake May property, she felt she had gone back to her childhood and the Florida that she used to know, having grown up in Florida – it is beautiful, untouched property and she feels the value of it is indescribable. She indicated that Akron Meadows would be her second choice.
Commr. Cadwell stated that, if the
cost of those two properties were added up, there would be a shortfall of
approximately $1.9 million. He suggested
that the County negotiate with the owners of those two properties, with the
idea that there will not be as much startup money as they thought there would be
and to try to develop a plan during the budget process, where the County can
try to get some funds back into that account.
He feels the $1 million that has been set aside for acquisition of right
of way for the Trails should be left out of the discussion and that the Board
should look at the extra funds coming out of the startup costs. He stated that
Mr. Minkoff interjected that the Public Works Department has been looking at improving the intersection of CR 44A and Estes Road and that part of the right of way that was needed for this project is on the north side of CR 44A and is contained within the Lake May tract that has been appraised, but there is approximately one acre on the south side that Public Works would like to acquire and a good time to acquire it would be now, when the County is acquiring the north section of it. He distributed to the Board a sketch and description of said intersection, for their perusal, stating that Public Works is planning on paying for this parcel, as well as the right of way that is needed on the north side of the property, so it would not be PLAAC money that would used, but Public Works right of way funds. He noted that it consists of 1.05 acres on the south side of the property.
Commr. Cadwell suggested that the
Board accept the offer that was submitted by the owners of the
Commr. Renick interjected that she felt there was some room for negotiations regarding the Akron Meadows property, which she elaborated on. She commented that some people have found fault with the property, because it was so altered, however, noted that she has not seen so much wildlife as there is on that property. She stated that it may have been altered, but the wildlife seems to really like it. She discussed the issue of the startup costs involved and the fact that the house that is located on the property is a drawback to her, in that the County may not be able to utilize it and will have to have it removed and she does not want the County to have to incur those costs. She stated that she would like for staff to relay that message to the property owners.
Mr. Minkoff interjected that he felt staff could obtain an estimate of the cost for removal of the house, noting that the County has a contractor on call that does demolition and, if the Board’s direction would be to take the offer price and reduce it by that cost, it could be put in the contract.
Commr. Cadwell stated that some people are concerned about the startup costs involved, however, noted that staff will be working on a plan to reimburse those dollars, over time.
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 authorization to attempt to enter into a contract on the Lake May property, for the amount that was offered by the owner, as long as it includes an extra one acre that is located across the road from the Lake May property, to be used for the intersection project; to attempt to enter into a contract on the Akron Meadows property, for the offer price, less the cost of removing a house that currently exists on the property; and to leave the other offers open, so that they can remain confidential, and, if one of the two attempts that the County will try to negotiate with the property owners of the Lake May and the Akron Meadows properties falls through, staff can bring the issue back to the Board and they can then look at the other properties, for possible acquisition.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:30 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK