A REGULAR MEETING OF THE BOARD
OF
APRIL 22, 2008
The Lake County Board of
INVOCATION
Mr. Ken Harley, Public Transportation
Manager, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Cindy Hall, County Manager,
informed the Board that there was an Addendum 1-I to be added to the Consent
Agenda regarding a budget change request of $1 million to purchase the Prestige
property; and Addendum 1-II to be added to the Departmental Agenda under
Procurement, to award the Contract for the downtown area project to GFA
International, Inc. She requested that
Tab 13, related to the contract between Economic Development of Mid-Florida,
Inc. and Lake County, be pulled from the Agenda to be discussed when Commr.
Cadwell was present.
Mr. Sandy Minkoff,
On a motion by Commr. Stivender,
seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board
approved placing said items on the Agenda as set forth above, and to pull Tab
13.
Mr. Minkoff suggested moving Tab
19, approving Resolution No. 2008-66 for a Loan Agreement before the zoning
cases in order to go forward with the closing this morning.
Commr. Hill stated that Tab 19
would be discussed immediately following the Astor Flood Study presentation.
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board
approved the County Manager’s Consent Agenda, Tabs 1 through 6, with the
addition of Addendum No. 1-I, as follows:
Environmental Services
Request to approve the submission of
a Coca-Cola/NRC Recycling Bin Grant Program grant application for the receipt
of free recycling containers.
Procurement
Request to approve an award to
Aramark Uniform Services to provide uniform rental services to
Request for approval to (1) declare the items on the submitted list surplus to County needs, (2) authorize the removal of all of the items on the submitted list from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign vehicle titles.
Public
Works
Request for approval to advertise for bids for the Dewey Robbins Road/US-27 Intersection Improvement Project No. 2008-05 at an estimated cost of $305,000.00 from Road Impact Fees Benefit District 4 Fund. Commission District 3.
Request
for approval to advertise for bids for the Countywide Drainage Improvement
Project No. 2008-04 at an estimated cost of $1,635,213.00 from Stormwater Management
Fund. Commission Districts 1, 2, 3, and 5.
Tourism
Request
for approval of Proclamation No. 2008-64 designating May 12-May 20, 2008 as
National Tourism Week.
Budget
-Addendum 1-I
Request
to approve Budget Change Request placing the dollars to purchase the Prestige
property (former cement plant located within the
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board
approved the
Request for approval of Corrective County Deed to Amerirus, Inc., and Frederick C. Belton and authorize Chairman to Execute Necessary Document. Commission District 3.
Request
for approval of letter of renewal between
PRESENTATION
ASTOR
FLOOD STUDY UPDATE
Mr. Jim Stivender, Public Works
Director, mentioned that Ms. Mary Hamilton with the Stormwater Division had
been working hard throughout all the basins in
Ms. Honour, as Project Manager of
the Astor Flood Study, provided information on behalf of the Lake County Public
Works Department. She spoke regarding
the purpose of the study, the project itself, conclusions, and recommendations
of the study. She stated that the study
was developed to identify improvements to address both flooding and water
quality in the Astor community and that they collected pre-existing and new
data, giving residents an opportunity to provide feedback about problems with
regard to flooding. She stated that the
new data consisted of having surveyors go into the field to identify and
inventory all the components comprising the Stormwater Management System and
then that data was transferred into the County’s current computer system. She added that water quality was also studied,
noting that the St. John’s River was currently considered to be impaired by the
State of Florida for dissolved oxygen and nutrients on the portion of the river
adjacent to Astor.
Ms. Honour spoke of alternatives
recommended to help address flooding, including a number of structural improvements
which could be implemented to help with local flooding, such as routine
maintenance of the stormwater management system and the development and
implementation of a Flood Early Warning System, which would provide the
citizens residing in the flood plain as much advance notice as possible to
prepare and evacuate the area in a timely manner. She discussed ways to develop and implement
the Flood Early Warning System, stating that they have been communicating with
both NOAA and the National Weather Service to get the system running and to
start communication between them and the County. She stated that they rely on forecast points
which recorded real time data, noting that the closest forecast points to Astor
were currently located in Deland, but as part of the study they persuaded NOAA
and the National Weather Service to establish a forecast point at the SR 44
Bridge in Astor. By monitoring
significant weather events, she explained that they could implement their system
by contacting the National Weather Service who, in turn, would contact
Ms. Honour reported that the conclusions and recommendations which came out of the study were: the Flood Early Warning System, which would improve public safety with little or no cost to the County; structural improvements to address localized flooding problems as well as water quality; and to address stormwater issues in all areas of Astor, regardless of the maintenance jurisdiction.
Mr. Stivender informed the Board that this study would become part of a stormwater workshop to be held this summer.
REPORTS –
LOAN AGREEMENT FROM HANCOCK BANK
Mr. Minkoff explained that this was the authorization and approval of the loan document itself with authorization for the Vice-Chairman to execute closing documents in order to conclude the $10 million loan from Hancock Bank for the radio system, along with the resolution for that. He commented that the cost of issuance was approximately $30,000.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-66 and Loan Agreement from Hancock Bank for the $10 million radio system and authorized the Vice Chairman to sign the closing documents.
RECESS AND REASSEMBLY
At 9:25 a.m., the Vice Chairman announced that the Board would recess until 9:45 a.m.
INTERLOCAL
AGREEMENT WITH LSMPO
Mr.
Ken Harley, Public Transportation Director, addressed the Board stating that
Tab 11 was an Interlocal Agreement with the Lake-Sumter Metropolitan Planning
Organization (LSMPO). He stated that in
January of this year the Board approved giving the LSMPO $150,000 to prepare
and submit the Transport Development Plan (TDP) required by the Florida
Department of Transportation (FDOT), and this item was reducing that Agreement
to writing. He stated that $120,000
would come from their Federal Transit Administration (FTA) grant and $30,000
would come from their current year budget and had been appropriated.
Commr.
Hill stated that on January 8, 2008, the Board approved the Agreement, but
questioned whether it was noted in the mid-year budget adjustment.
Mr.
Harley stated it was not in the mid-year budget adjustment and it would come
from FTA funds. He explained that they
did have their mid-year budget adjustments to include the additional funding
they were receiving from FTA, so that was part of those mid-year budget
adjustments.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously, by a 4-0 vote, the Board approved the Interlocal Agreement with
the Lake-Sumter Metropolitan Planning Organization for the funding of the
Transit Development Plan.
INTERLOCAL
AGREEMENT FOR PARTICIPATION IN
Mr.
Gregg Welstead, Director of Conservation and Compliance, addressed the Board
requesting approval of Tab 12, an Interlocal Agreement to recreate the existing
Water Alliance. He stated that the
original Charter for the Water Alliance was to provide a Water Supply Plan
which was completed last fall. He
explained that in order to go forward in the future they have to form an
Commr.
Renick stated that there was an issue the last time they did an
interlocal agreement, because the Water Authority was not included as a member,
and she thought that they should be. She
related that the last Water Alliance included the Water Authority as a
non-voting member, and she wanted to make sure it was alright with the Board if
she brought that up to the Water Alliance again. She also reported that the Water the Water Alliance had
previously retained Water Resource Associates to prepare the Water Plan, which
was the original purpose for the
Commr.
Stewart suggested adding another “Whereas” clause to state that they recognized
that water conservation and sustainable growth was of primary importance
regarding alternative water supplies.
Mr.
Welstead replied that that could possibly be a comment because the Agreement
itself had already been approved by some of the parties and that it was
actually on the first bullet of the purpose plan for the efficient provision
and utilization of water resources, including conservation.
Commr.
Renick asked if it would be possible to come up with some language for an
additional “Whereas” and bring it up at the next meeting.
Mr.
Welstead commented that he could prepare some language regarding that and have
it at the next meeting.
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously
by a 4-0 vote, the Board approved the Interlocal Agreement for participating in
Lake County Water Alliance and authorized the Chairman to sign the Agreement
approving funding share and authorizing payment, with a caveat stating they
would also address the issue of putting in an additional “Whereas” clause
regarding water conservation and sustainable growth with the Water Alliance.
PUBLIC
HEARINGS
PARTIAL
STIPULATED SETTLEMENT AGREEMENTS
HART PARCEL
Commr. Hill suggested that Tab
14, which was the approval of Partial Stipulated Settlement Agreements for the
Hart Parcel and the Corbett Parcel, be separated.
Mr.
Sandy Minkoff,
Mr.
Steven Richey, attorney for the Hart Comprehensive Plan Amendment, addressed
the Board stating that several months ago they came before the Board with a
request to settle this, but it was continued so that it could be heard in front
of a full Board. He stated that the same
situation has happened today and respectfully requested the Board continue the Hart
part of that case until there was a full Board present. He stated that although he does not represent
the other party, he thought it would be appropriate to pass that one without
the Hart parcel. He mentioned that Mr.
Greg Beliveau was in attendance and could go through the history of this
project.
Commr.
Renick asked Mr. Richey if he could go to the City of
Mr.
Richey stated that if they annexed into the city and went through the
Comprehensive Plan there, they would have a six to nine month process on
that. He commented that they would be
subject to the JPA in either event, which they intended to be in compliance
with, and the density and intensity would not be any different. He noted that they have spent engineering time
to meet the JPA standards that had been adopted by Clermont and
Commr.
Renick stated that she would not make a motion to postpone this, since she
believed this case had already been given enough time, and she also thought it
should be sent back to Clermont.
Mr. Richey commented that his
clients had done everything they were asked to do as part of the rezoning
request by the County, including providing a site for a school and creating a
school there that housed in excess of 700 students, which provided relief to
the Lake County School System. He also
argued that how they work out the ultimate development of it with Clermont was
an issue to be resolved with the City Commission in Clermont at some future
date.
Commr.
Hill asked the Board to entertain the postponement.
Commr.
Stivender moved for postponement until a full Board was present. Since there was no second to the motion,
Commr. Hill stated that the case would be heard and stated they would proceed
with the presentation at this time.
Mr.
Sandy Minkoff,
Mr. Greg Beliveau, Urban and Regional Planner with LPG
Regional Planners in
Mr. Richey interjected that they did rezoning on that
property on January 7, 2005, after the Comprehensive Plan Amendment was adopted
on January 4, 2005.
Mr. Beliveau explained that they did the rezoning because the
original school site was actually modified as to its location for operational
purposes. He commented that one reason
the Board staff recommended approval of the Comprehensive Plan Amendment was
because they found it was compatible to the development patterns in the area,
and they currently have documentation that they do have access to water and
sewer, subject to negotiating a contract, and that the supplier does have
capacity.
Mr.
Richey explained that it was not until sometime in April 2006 that they got the
settlement worked out, and in the meantime they have been trying to resolve
those issues with the Board of County Commissioners. He also explained that they have spent
several hundred thousand dollars on construction plans based on the Settlement
Agreement that they reached with DCA at the direction of the County staff in
March of 2006. He also mentioned that
the City of
Commr.
Stewart asked if Clermont was willing to extend their utilities whether or not
they were annexed.
Mr.
Richey responded that the property was contiguous to Clermont and was in
Clermont’s 180 District, and they would have to work out a utility agreement
with them. He added that if Clermont
required them to annex, then they would have to get into a discussion about the
legality of that, which possibly would not allow them to take the benefit of
the $250,000 they spent on their engineering.
He opined that they had to be provided with central water and sewer
according to the Comprehensive Plan and that they would get it either one way
or the other from Clermont. He related
that if the Board granted this Comprehensive Plan Amendment, it would allow him
to proceed to ask Clermont for a utility agreement.
Mr.
Minkoff reasserted that they were not approving the Comprehensive Plan today,
but rather a settlement to an administrative litigation case. If the Board did not approve the Settlement, the property owner still could
litigate with DCA and possibly prevail or could persuade DCA to dismiss its
appeal, in which case the Comprehensive Plan Amendment has already been adopted
by the Board.
Mr.
Richey noted that this litigation was with DCA over that existing Comp Plan,
and he asked the Board to settle that today, which would allow them to proceed,
and he opined that it would be costly for both them and the County to continue
the litigation.
Mr.
Minkoff stated that he was not suggesting that the Board should approve the
Settlement Agreement and that he thought it was a very odd agreement because it
did not require the County to do anything.
He further explained that if they did not approve the Hart Settlement,
then they would be faced with going in front of an administrative law judge to
work out a different settlement with DCA, and DCA could just dismiss the Hart
appeal, in which case no further action would be needed by the Board. He also pointed out that if the Board didn’t
want to implement this, then the direction would be for him to go back and
negotiate with DCA to enter a Settlement Agreement where they would rescind the
Comp Plan., which he was sure that DCA would approve, and that would put the
property back to rural.
The
Vice Chairman opened the public hearing.
There
being no one who wished to address the Board, the Vice Chairman closed the
public hearing.
There
was a motion by Commr. Renick, seconded by Commr. Stewart to deny the
Settlement Agreement and to direct Mr. Minkoff to negotiate to rescind the
Comprehensive Plan Amendment, which failed by a 2-2 vote.
Commr.
Stivender and Commr. Hill voted “no.”
Commr.
Hill stated this item would be reheard at another date.
Mr.
Minkoff stated that he would go back and talk to DCA and see how they wanted to
proceed.
Mr.
Richey stated that he would ask the Chairman to have it rescheduled in writing
to bring it back to a full Commission at some future date on behalf of his
clients.
Mr.
Minkoff explained that there was a possibility that DCA might take some other
action where the Board action would not be necessary to approve it, but absent
that, it would have to come back to a full Board.
CORBETT
PARCEL
Mr.
Minkoff opined that the Corbett parcel was a lot less controversial and that
the request was to reduce the size, leave some of the property rural, and to
limit the amount of square footage on the 18-acre site that could be changed to
urban expansion. He mentioned that he
believed that all the property owners as well as the Department were in accord
with the Settlement Agreement.
The
Vice Chairman opened the public hearing.
Ms.
Sarah Logan, of the Gray Robinson law firm on behalf of the applicants for the
Corbett parcel, stated that they wanted to convey that they supported the
Settlement Agreement.
There
being no one else who wished to address the Board, the Vice Chairman closed the
public hearing.
On
a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously
by a 4-0 vote, the Board approved the Stipulated Settlement Agreement for the
Corbett Parcel.
PROCUREMENT
ADDENDUM
NO. 1-II – GFA INTERNATIONAL, INC.
Mr.
Jim Bannon, Director of Capital Construction, stated that one requirement for
permit approval of the Downtown Phase 1 Project was the owner’s appointment of
an independent structural consultant for buildings with occupancy over 500
people in addition to material testing services. He stated that the Board had previously
approved overall the Phase 1 Downtown Project inclusive of the contract before
the Board today. He requested approval
of the award to GFA International, Inc., for structural inspection services for
the parking garage and construction materials for same, central energy plant,
Constitutional Officers’ building and related site work in the amount of
$117,030 with a contingency of $11,703 to be used at the discretion of the
Director of Capital Construction. He
stated that funding had been included in the approved project budget on March
18, 2008.
On
a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously
by a 4-0 vote, the Board approved the award to GFA International, Inc., for
Structural Inspection Services for the parking garage and its construction
materials, central energy plant, Constitutional Officers’ building and related
site work in the amount of $117,030 with a contingency of $11,703 to be used at
the discretion of the Director of Capital Construction.
PUBLIC
HEARINGS:
VACATION
PETITION NO. 1131 –
Mr.
Jim Stivender, Public Works Director, addressed the Board requesting approval
of Vacation Petition No. 1131 which was part of
The
Vice Chairman opened the public hearing.
There
being no one who wished to address the Board, the Vice Chairman closed the
public hearing portion of the meeting.
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously
by a 4-0 vote, the Board approved Vacation Petition No. 1131, to vacate right
of way and cease maintenance at the intersection of
VACATION
PETITION NO. 1124 –
Mr.
Stivender stated that they had letters requesting postponement of Vacation
Petition No. 1124 until May 27, 2008, but gave details associated with the
property itself as part of the determination of whether it should be
postponed. He submitted a map showing
the original Vacation in red and further described the parcels in question.
The
Vice Chairman opened the public hearing and asked if anyone wished to oppose
the postponement.
There being no one present who
opposed the request for postponement, the Vice Chairman closed the public
hearing.
On
a motion by Commr. Renick, seconded by Commr. Stivender, and carried
unanimously by a 4-0 vote, the Board approved the recommendation to postpone
Vacation Petition No. 1124 until May 27, 2008.
PUBLIC
HEARINGS
REZONING
Mr.
Brian Sheahan, Planning and Community Design Director, Growth Management
Department, addressed the Board stating that there had been an Addendum to the
Agenda placing Tab 4, Rezoning Case No. CUP #08/4/2-4 Grantham C&D, on the
regular Agenda. He stated there was one
change on the Agenda, which was that they had received a withdrawal of Tab 7,
Rezoning Case No. PH #11-08-4 Lake Swatara Properties, Inc./Leslie Campione,
P.A.
Commr.
Hill requested that the Consent Agenda be presented first.
REZONING CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously
by a 4-0 vote, the Board approved the Rezoning Consent Agenda, pulling Tabs 6
and 9 for discussion, as follows:
Ordinance
No. 2008-17
William
E. Norman
James
McLay
Rezoning
Case No. PH13-08-5
Request
approval to rezone 76+/- acres from R-1 to A in order to operate as a ranch and
farm.
Ordinance
No. 2008-18
Richard Slaughter
Sheryl Denan-Verizon Wireless
Rezoning Case No. CUP# 08/4/1-5
Request
approval to amend an approved CUP (Ordinance #2000-5) to increase the height of
an existing 250-foot telecommunications tower by 7-feet, within the Agriculture
zoning district.
Ordinance
No. 2008-19
Mark
and Shelly Weller
Rezoning Case No. PH16-08-5
Request
approval to change the zoning of the property from Ranchette (RA) to
Agriculture (A) to facilitate non-intensive agriculture activity.
Staff Initiated Revocations of
Conditional Use Permits – Ordinance No. 2008-20
Robert
& Ottitia Chaney/Ord #1997-66
William
Cherry
CUP#97/9/2-4
Revocation
due to the caretaker’s residence deemed to be unsafe, is vacant/use terminated,
and non-payment of annual fees. (11.93+/- acres)
Debra
Sasser & Mary Highnote/Ord #1992-6
Hemchand
Narraph
CUP#93/7/3-2
Revocation
due to the use has been terminated and property is being used as a rental
property. (14.59+/- acres)
Ronald
& Robin Bush/Ord #2000-2
CUP#00/9/2-5
Revocation
due to use no longer wanted and non-payment of annual fees. (5 +/- acres)
Mary
Ann Mylott/Ord #2002-2
Robert
S. and Ann N. Shields
CUP#00/1/4-4
Revocation
due to use of a mobile home for the care of the infirm is terminated and the
mobile home has been removed from the property. (5 +/- acres)
REZONING CASE NO. PH#10-08-2 -
LAKE COUNTY BCC/
Mr.
Rick Hartenstein, Case Manager, presented Rezoning Case No. PH#10-08-2, Tab 6,
stating that the Applicant was requesting to rezone 832+/- acres from
Agriculture (A) to Community Facility District (CFD), to allow conservation and
passive/recreational uses and as an accessory use to utilize an existing
single-family residential unit as a caretaker’s residence or a conservation
training facility. He reported that the
Applicant’s request was reviewed for consistency with the Comprehensive Plan
and the Land Development Regulations and found to be consistent; therefore,
staff recommended approval subject to conditions set forth in the submitted
Ordinance.
The
Vice Chairman opened the public hearing.
Mr.
Bill Bruorton who resides on private property contiguous with the public
property under consideration at this time, addressed the Board asking if the
County planned to implement any measures to prevent the spread of fire. He also questioned whether the County had any
provisions to prevent visitors to the park from inadvertently wandering onto
adjacent private property.
Mr.
David Hansen, Public Lands Manager, responded that the County would take every
precaution to prevent the spread of fire and as yet have not decided what areas
of the property would be burns or mechanical treatment, but if it should be
burns there would be fire lines drawn and it would be as safe as they could
make it. He stated that with respect to
people wandering offsite, the property’s perimeter was fenced and they would do
the best they could to prevent that from happening.
Commr.
Hill added that the County’s Ranger Program as well as the Sheriff’s Department
could assist as needed, if there were any problems.
There
being no further individuals who wished to address the Board, the Vice Chairman
closed the public hearing.
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously
by a 4-0 vote, the Board approved Rezoning Case PH#10-08-2, Lake County
BCC/Lake County Public Lands, David Hansen, Lake County Public Lands Manager,
to rezone 832+/- acres from Agriculture (A) to Community Facility District
(CFD), to allow conservation and passive/recreational uses and as an accessory
use to utilize an existing single-family residential unit as a caretaker’s
residence or a conservation training facility as presented and Ordinance No.
2008-21.
REZONING
CASE NO. PH#03-08-03 - BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST
FUND - BOARD OF
Ms.
Karen Ginsberg, Senior Planner, Lake County Planning, presented Tab 9, Rezoning
Case No. PH#03-08-03. She stated that
the property was zoned Agriculture (A) and Mobile Home Rental Park District (RMRP)
and that the Applicant was requesting rezoning the 272.1 +/- acres located in
the South Leesburg area to Community Facility District (CFD) to provide
conservation and passive recreational uses such as, but not limited to, trails,
community gardens, special event open space, and restoration of wetlands,
woodlands, and scrub habitat and as an accessory use, to utilize the existing
structures as storage and office facilities.
She reported that the rezoning request was consistent with the policies
of the Comprehensive Plan as seen in Consideration of Community Facilities and
Uses of Land Determined to be of Ecological or Environmental Value and the Land
Development Regulations which permit CFD zoning in the Urban Expansion,
Suburban, and Rural Future Land Use Category.
She related that staff had reviewed the application and was recommending
approval.
Commr.
Stivender commented that the entrance road to the park needed to be surface
treated.
The
Vice Chairman opened the public hearing.
Mr.
George Wolf of
Ms.
Linda Ballard, a representative for the Friends of the Park at PEAR, addressed
the Board through Mr. George Wolf, expressing her appreciation for the support
and funding resources which allowed for the successful completion of the new
dog park. She described the four-acre
site as shaded throughout the day by tall old oaks and noted that it hosted
five different play areas with one specifically dedicated for patrons and pets
with special needs. She mentioned that the five-foot galvanized fence with double
gated entries and twenty-foot wide corridors between the large and small dog
play areas provided an added measure of safety and uniqueness to the dog
park. She commented that the park was
open daily from dawn to dusk, and that the user-friendly facility provided
ample pet waste stations, watering areas, bench seating and a “paws wash”
station. She opined
Mr.
Peter Moeller, a volunteer and Vice President of the PEAR Association, thanked
the Commissioners for their continued support of the PEAR project. He described
There
being no one further who wished to speak, the Vice Chairman closed the public
hearing.
Commr.
Hill commented that she remembered that they had gone to
Mr.
Jim Stivender stated that they were now in the process of rezoning and trying
to obtain funding with the City. He
stated that they would like to get the entrance from Hwy 27 done, which would
be a great asset.
Commr.
Stivender commented that she thought some of the funding would come after the
County completed the grant, because they would receive funds back from the
State. She explained that those funds
would go toward completing the park, putting in the roads, and resurfacing
Commr.
Hill stated that the entrance to the park was confusing and that a sign had
been prepared to identify the park, but it was still very difficult because the
entrance did not look like a park entrance.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 4-0 vote, the Board approved Tab 9, Ordinance No. 2008-22,
Rezoning Case No. PH#03-08-03 to rezone 272.1 +/- acres located in the South
Leesburg area on the West side of U.S. 27, on the north and south side of
University Avenue, and that staff move forward on work to the entrance road to
PEAR Park and improve University Avenue.
REZONING
CASE NO. PH#15-08-4 LAKE COUNTY BOARD OF
COUNTY COMMISSIONERS – ROBERT BONILLA, LAKE COUNTY PARKS
DIVISION
Mr.
Rick Hartenstein, Case Manager, presented Tab 10, Rezoning Case No. PH#15-08-4,
Lake County Board of County Commissioners / East Lake Community Park, stating
that the Applicant was requesting a text amendment to Ordinance #2006-109 to
add the use of a public elementary school to the permitted uses for the
property. He reported that the
Applicant’s request was reviewed for consistency with the Comprehensive Plan and
the Land Development Regulations and that staff was recommending approval.
Commr.
Stivender commented that this was park property and was presented to the Parks
and Trails Advisory Board, who supported it.
The
Vice Chairman opened the public hearing.
Mr.
Steve Jennelle of Eustis addressed the Board stating that the County had a
unique opportunity to have both a school and a park on one site. He strongly encouraged approval of this
Amendment. He commented that Mr. Bonilla
and his staff do an excellent job throughout the area.
Mr.
Harry Fix of the School Board stated that he was excited to jointly plan this
school and park and hoped that this would be a great template for opening
future parks and schools on one site. He
commented that he was looking forward to working together to replicate this
concept within the County.
Mr.
Sandy Minkoff,
There
being no one further who wished to address the Board, the Vice Chairman closed
the public hearing.
On
a motion by Commr. Stewart, seconded by Commr. Stivender and carried
unanimously by a 4-0 vote, the Board approved Ordinance No. 2008-23, Tab 10,
Rezoning Case No. PH#15-08-4, Lake County Board of County Commissioners / East
Lake Community Park, requesting text amendment to Ordinance #2006-109 to add
the use of a public elementary school to the permitted uses for the property.
REZONING
CASE NO. PH#12-08-2 - LAKE UTILITY SERVICES,
INC.
Ms.
Stacy Allen, Senior Planner, presented Tab 1, Rezoning Case No. PH#12-08-2, for
a request to rezone 0.92 acres from the Estate Residential (R-2) Zoning
District to the Community Facility District (CFD) allowing for a water storage
and treatment facility. She explained
that the Timberlane Subdivision, Phase I plat depicts this area as Tract
D. She reported that the Zoning Board
made a recommendation of approval with the condition that the only treatment
permitted on the site would be a post-chlorine injection. Additionally, Ms. Allen stated that this
facility was designed to serve the entire service area, not just Timberlane
Subdivision. She reported that this
request was consistent with the Comprehensive Plan of Land Development
Regulations and that staff recommended approval.
The
Vice Chairman opened the public hearing, reserving rights of the Applicant to
speak after the public hearing.
Mr.
Hilton Menchan, a resident of Timberlane Subdivision, addressed the Board
stating that he had lived in Clermont since 1996 and purposely chose Banyan
Homes, which consisted of expensive estate homes on half-acre lots. He explained that he was totally against
putting the water treatment plant in his community, and it would bring down the
value of his property. He commented that
the proposed tank would be as large as any house in this community.
Mr.
Lawrence Piccone, a resident of Timberlane Subdivision, addressed the Board
stating that he had viewed a similar water treatment facility at US 27 and Lake
Louisa Road, showing a photograph of same to the Board, indicating that the
tank was huge with an external generator and a small brick house located on the
site which monitored the equipment, and another picture which showed piping in
the background. He remarked that he
heard a high pitch sound, but did not know the decibel, and he noted that the
proposed facility in Timberlane would be within 10 feet of children. He believed that the water treatment facility
was not only an eyesore, but also a health hazard. He reported in 2005 when this was approved,
the only homes there were Banyan homes, but now there were several developments
in the area such as Drew’s Landing, Drew’s Estate, Foxchase and an expansion of
Legends, all of which would feed off this water. He asked why their community should absorb this
plant for the entire area. He further
stated that their property values would decrease if the facility was placed in
their community and requested that they have an offsetting tax break if it did
come into Timberlane.
Mr.
Thomas Marsh of Timberlane addressed the Board stating he had been in the water
treatment business for over nine years.
He stated that the children in the neighborhood did not have a park, and
that they played football and soccer in the drainage pits. He opined that the facility should be
relocated to an area where there was at least 300 feet of space, shielded from
homes, and should not be around children.
He asked to have it relocated in an area where there were no children,
and that there would be a buffer of at least 150 to 200 feet. He stated that the treatment facility
exhibited earlier at US 27 and
Mr.
Horace Harper, a resident of Timberlane, added that he would suggest the Board
visualize this tank, which he was told would be 25 feet tall and 90 feet wide
and would be on less than an acre of land.
He asked that the Board consider these facts in making a decision.
The
Vice Chairman opened the hearing to the Applicant for his comments, rebuttal,
and to respond to any of these questions or remarks.
Mr.
Stephen M. Romano, the Engineer of Record with CPH Engineers, addressed the
Board to go through a few of the issues which had been addressed. He referred to a slide of the site as
presently planned and reported that the tank was a one million gallon storage
tank, which was 25 feet high. He explained
that they tried to keep the profile down as much as possible and still maintain
the capacity needed at this site. He
stated that he also understood that it was not the most desirable location to
some of the homeowners, but locating water plants on the outskirts of
communities to be served was not the most beneficial in terms of service,
because it made it far more difficult to provide adequate and reliable
pressures throughout the service area.
He noted that the plant site that they were putting here was really
supplementary to a couple of well sites they had in the area at the present
time. He stated that in order to most
efficiently use the water supplies they have in the area, they were proposing
to install this tank to better handle peak usage. He explained that a smaller tank would not
provide the same capacity required and that the large tank would actually
enable the water from the well to go further without drilling more wells and
would extend the time period before more wells would have to be drilled. He stated that this was not designed for
growth in the service area there, but rather to maintain the current service
area as planned. He reported that they
were already bound in their service area by Clermont and that there was no room
for growth on this side of the service area.
He gave assurances that the generator would only have to be run as a
maintenance activity four hours per month, except for emergency circumstances,
and would be in an enclosure. He also
mentioned that the bleach used was commercial grade bleach which was not a very
hazardous chemical, without any odors or danger to children and residents due
to any kind of gases. He explained that
at the proposed location the pumps would be housed inside the building to keep
the noise level down much lower than the other site, which was located outside
since it was sufficiently far from any neighboring residents. With regard to screening, he mentioned that
they were trying to plant as many trees as possible, use different fencing, and
that they were painting the tank a certain color. He commented that these were all things that
Commr.
Renick commented that it did not sound to her that this was a water storage
area for this development and that they had adequate capacity.
Mr.
Romano responded that Florida Department of Environmental Protection (FDEP)
requirements required them to be under design for more capacity because they
are close to their capacity.
Commr.
Renick inquired about what the actual noise level would be.
Mr.
Romano stated that he did not know the exact decibel levels, but assured the
Board that it would not be greater than traffic noise.
Commr.
Hill commented that they did not know if it would meet their new noise ordinance
standards.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a 4-0 vote, the Board denied Rezoning Case No. PH12-08-2 which requested
rezoning the 0.92 acre from the Estate Residential (R-2) Zoning District to the
Community Facility District (CFD) for a water storage and treatment facility.
REZONING
CASE NO. CUP08/4/2-4 - SHIRLEY GRANTHAM
Mr. Steve Greene, Chief Planner, Planning and Community
Design, presented Case No. CUP-08/4/2-4, which was a request to amend an existing
CUP on property located at the Southeast interchange of CR 46/US Highway
441. He stated that the Applicant
desires to extend operating time-frames for the conditional use regarding the
collection of construction and demolition debris and the reclamation of this
particular property to be consistent with the Stipulated Settlement Agreement
and those time frames established by DEP.
He related that staff reviewed it for consistency with the Comprehensive
Plan and LDR and found the request to be consistent with those standards and
also consistent with the provisions of the Stipulated Settlement Agreement and
the recommendation from the DEP. He
pointed out that the new Ordinance changes three particular dates, and the rest
of the conditions of the old CUP remain in full force and effect.
The Vice Chairman opened the public hearing.
Ms. Shirley
Grantham, Applicant, addressed the Board stating that this landfill had been
owned by her and her husband for about twenty-five years. She stated that when the Board met in
September of 2005, it was decided that they would have two years to comply, and
her husband thought that would not be a problem. She explained, however, that due to dealing
with her husband’s illness, they eventually key-locked the gates on the
landfill and no more construction/demolition debris was accepted during that
time. She commented that after his death
in January 2007, she and her son decided to determine what options they had
with the landfill and by that time the acceptance of the completion of the
debris and the reclamation was very close at hand. She explained that in order to comply, during
all this time they had engineering reports done, wells were being monitored,
and they were in compliance in the
There being
no further individuals who wished to address the Board, the Vice Chairman
closed the public hearing.
On a motion
by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a
4-0 vote, the Board approved Rezoning Case No. CUP #08/4/2-4 by amending the
existing CUP ordinance of an existing solid waste disposal activity within the
LM zoning district by extending the operating time-frames as agreed upon
pursuant to a Settlement Agreement and as established by the Florida Department
of Environmental Protection, in addition to specifying the elevation of the
north slope as 140 feet, and Ordinance No. 2008-24.
REZONING CASE NO. CUP89/1/1-3 -
DOROTHY AND JEFFREY C. YEAGER
Mr. Brian
Sheahan, Community Development and Design Director, Planning and Community
Design, stated that this case was a staff related revocation due to violations
of the originally approved CUP, namely terms and conditions which were that
there would be no more than ten trucks permitted on the site; repairs
undertaken by the Applicant’s produce transfer trucks should be conducted
within an enclosed structure; and any truck repair maintenance on the site
should be limited to the Applicant. He
reported that the Code Enforcement Staff had initiated enforcement action on
all three counts, that the Code Enforcement Hearing Officer had found them to
be in violation of all three conditions, and that fines were currently being
accrued. He remarked further that at last
count, the site contained over 100 trucks and, therefore, staff feels it was
appropriate to revoke this CUP.
The Vice
Chairman opened the public hearing.
There being
no one who wished to address the Board, the Vice Chairman closed the public
hearing.
On a motion
by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a 4-0
vote, the Board approved the revocation of CUP #89/1/1-3 due to violations of
the original CUP and the execution of Ordinance No. 2008-25.
OTHER
BUSINESS
APPOINTMENT
TO CHILDREN’S SERVICES COUNCIL
Commr.
Stivender commented that in her absence, at the last meeting she had requested
that the Board postpone any appointments to the Children’s Services Council
until such time as she could attend.
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board
approved the following individuals to vacant and upcoming vacant positions on
the Children’s Services Council:
·
District
1, Ms. Julie Yandell – Reappointed to a 2 year terms beginning May 15, 2008;
·
District
2, Mr. Charles Crane – Reappointed to a 2 year term beginning May 15, 2008;
·
District
3, Ms.
·
District
4, Mr. B. E. Thompson – Reappointed to a 2 year term beginning May 15, 2008;
·
District
4, At-Large, Ms. Sandra Stura – Reappointed
to a 2 year term beginning May 15, 2008;
·
District
5 Ms. Lalenya Robertson – Reappointed to a 2 year term beginning May 15, 2008;
·
Appointment
of Mr. Ralph Smith, At-Large, to complete an unexpired term ending May 14,
2009;
·
Appointment
of Mr. Larry Metz as the School Board representative; and
·
Appointment
of Ms. Darnell Stewart as the Department of Children and Families
representative.
REPORTS
–
INTERLOCAL AGREEMENT WITH THE
CITY OF
GRANT FOR PRESERVATION OF
NATURAL & HISTORIC RESOURCES
Mr. Sandy Minkoff,
Commr.
Stivender asked if the funds would be returned if this was not approved.
Mr.
David Hansen, Public Lands Manager, stated that they would still move forward
with the purchase and would be closing tomorrow. He hoped that the State grant would come
through; otherwise, they would have to obtain the remaining portion elsewhere.
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously
by a 4-0 vote, the Board approved the Amendment to Interlocal Agreement between
The City of Clermont and Lake County regarding Grant for the Preservation of
Natural and Historic Resources in the amount of $2,500,000.00.
OUTSIDE
COUNSEL
Mr.
Sandy Minkoff,
Mr.
Minkoff referred to a specific case where the spouse of an employee had an
illness which required dialysis. He
stated that the TPA arranged and paid the bills for the dialysis and was
reimbursed by the County, but this particular individual’s claims exceeded the
amount the County was responsible for; therefore, a claim was made to the
insurance company. The insurance company
denied the claim stating that the TPA should not have arranged for treatments,
but the TPA claimed they did everything right.
In either event, he stated that the County should not be liable because
they hired the TPA to administer the claims and the insurance company to pay
them. He specified that the amount at
issue was approximately $140,000. He
explained that they had been working with Employee Services to obtain a specialized
attorney since the insurance company is located in
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 4-0 vote, the Board approved up to and including filing
litigation, if necessary, to recoup the $140,000 at issue with respect to the
dispute involving the excess claims insurance carrier and the performance of
the County’s TPA.
SETTLEMENT
AGREEMENT WITH MALEVER CONSTRUCTION
Mr.
Minkoff stated that the Board recently approved a Settlement Agreement with
Malever Construction regarding construction of the South Lake Trail and that
Malever had been working diligently to fulfill that agreement, but needed an
extension to May 23, 2008, to repair the part of the trail where the slopes
were too great for Americans with Disabilities Act (ADA) reasons. The Department is recommending approval of
this extension and noted that there were no changes to the Agreement other than
the delay in that portion of the work.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a 4-0 vote, the Board approved an extension of May 23, 2008, to the Malever
Settlement Agreement to complete a portion of the work on the South Lake Trail.
REPORTS
–
INTERLOCAL
AGREEMENT WITH
Mr. Gregg Welstead, Director of
Conservation and Compliance, addressed the Board stating that a developer of a
project in
Mr. Minkoff stated that they also provided in the Agreement that the Board could terminate the Agreement if a problem arose and would allow them to keep only the lights already placed, but prohibit them from any additional lights being placed in the County.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Interlocal Agreement with Orlando Utilities Commission for OUConvenient Lighting Program to install dark-sky street lights within Lake County and authorized the Chairman to execute said Agreement.
REPORTS – COMMISSIONER RENICK –
DISTRICT 2
STORAGE REQUEST AT OLD PRESTIGE
SITE
Commr. Renick stated that she spoke to the residents at the Woodlands regarding storage of concrete blocks at the old Prestige site that they talked about at the last meeting. She related that the residents’ answer was a resounding “no” to that possibility and that they were enjoying their quiet, without the dust and noise of the trucks.
Mr. Minkoff added that they have gone forward and closed on that property, and they did remove all the blocks, except for a small amount that was being used for water retention.
REPORTS – COMMISSIONER HILL –
DISTRICT 1
MARCH OF DIMES EVENTS
Commr. Hill reported that they were
winding up the March of Dimes campaign and would be walking Saturday, April 26,
starting from
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:50 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK