A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 27, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, May 27, 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 Ellie McDonald, Deputy Clerk.

INVOCATION

Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Minkoff stated that he would like to add to the Agenda the License Agreement between Lake County and Mr. Frank Lee Porter, III, for the use of his lot as parking space for the opening of the Health Department in Umatilla.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved placing the License Agreement between Lake County and Mr. Frank Lee Porter, III, on the Agenda.

COUNTY MANAGER’S CONSENT AGENDA

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

Community Services

Request for approval and authorization of the Chairman to sign the First Amendment to the FY 2007-08 Community Development Block Grant (CDBG) Partnership Agreement between the Ponceannah Cemetery Association, Inc. and the County.  Commission District 5.

Request for approval an Interlocal Agreement with the MPO for partial funding for the Fixed Route Coordinator position.

Request for approval for the Board of County Commissioners to serve as the coordinator for local governments in Lake County in the Byrne memorial Justice Assistance Grant application process, signature on the “Certification of Participation” document and designation of Brenda Quattlebaum to identify and convene on behalf of the BCC any required advisory board members and meetings, the preparation of the application and/or other required documents or grant process.

Procurement

FOR INFORMATION ONLY-NO ACTION REQUIRED. The Procurement Policy revisions enacted by the BCC on September 27, 2007 delegated authority to the County Manager to complete certain individual purchase and contract modification actions in excess of $25,000 under "term and supply" contracts. At the BCC meeting on October 2007, there was discussion regarding a need to provide information to the BCC regarding such actions for a limited period of time. The "term and supply" contract actions discussed below fall within these informational parameters.

COUNTY ATTORNEY’S CONSENT AGENDA

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, Tab 5, as follows:

Request for approval of Amendment to Lease Agreement with Wilson Investments for Code Enforcement Division office space.  Commission District 3.

PRESENTATION

Mr. Tony Lopresto, Vice President of The Miracle League, thanked the Board for the opportunity to make this presentation to the Board and staff. Mr. Lopresto stated that he had been with The Miracle League for only eight months and found it to be one of the greatest things he had ever been involved with. He mentioned that some of the children from the League were in the audience today, the Red Soxs and the Yankees. He stated that The Miracle League was composed of children with a variety of disabilities who come out on Saturdays to play ball and unlike most kids, this means a great deal. He explained that their games have no winners or losers, everyone gets to play, no one strikes out and the game results in a tie. He then presented an excellent video selection from the Today Show on The Miracle League. He stated that leadership should be commended on the work they have done at Lake Idamere Park. He commented that after looking at the Park, he felt that a Miracle League field would be a natural progression of the work already started. He commented that this type of field could be used to open doors not only for children with disabilities, but for adults who were confined and had no physical activity.

Mr. Jack Wallace with the Kiwanis Club in Lake County gave a special thanks to Commr. Stivender for assisting them with this project. He noted that the film showed a buddy system used in the games to assist the children. He remarked that Commr. Renick had attended a game by his club and was a buddy to one of the children and hoped that everyone on the Board would do the same once the field was complete. He commented that when he first became involved, his Club wanted to do something to support the local youth in the community with regard to ballplayers. He related that he was led to the South Lake Miracle League where Mr. Lopresto had already done some wonderful work along with his two healthy daughters who are junior high athletes. He remarked that he has been touched by the trials and tribulations people with disabilities face on a daily basis. He commented that Ms. Brenda Koronka and Ms. Betty Beebe were very instrumental in supporting the League and told him about Lake Idamere Park in Tavares. He stated that they have been trying to get a field in South Lake, but have been facing one inhibitor after another.

Lieutenant Governor Bud Brown of the Kiwanis Club of Lake and Sumter County stated that they were behind The Miracle League 100% and realized that this program was what Kiwanis was all about - serving the needs of children. He stated that they would schedule fund raising events in support of the League. He commented that they had been to, and participated in, games as buddies for the children. He acknowledged the presence of the incoming Lieutenant Governor Richard Root. He also introduced Mr. Eddie Lee, a District Chairperson for Kiwanis and Executive Director of the Miracle League of Florida. He stated that Mr. Lee had been instrumental in building one of the first Miracle League fields in Florida.

Mr. Eddie Lee, commented that the video speaks directly to the essence of The Miracle League. He shared his experience as an incoming President of Kiwanis in Pinellas County, where they had seen the same video and had less than $500 in the bank. He explained that the League realized the need for community support and through a contact he had with one of the Pinellas County Commissioners, he was awarded a hearing where they showed the video presented today. He mentioned that the hearing gave them recognition which was needed to build a Miracle League field and obtain support from government agencies and the community. He remarked that land cost is prohibitive in Florida, and gave an example of obtaining land for fields by an agreement between the City of Tallahassee and Leon County where one gave the land and the other gave $75,000 as in-kind services. He commented that after receiving these donations they began the fund raising process and that the field was now a reality. He reported that in addition to the land, it costs approximately $250,000-$300,000 to build the field. He expressed his hope that the Board would be able to assist them in any way possible, either by way of a land donation or funding for the field.

A full discussion ensued among Commr. Hill, Commr. Stivender and Mr. Lee regarding what it takes to build a field from raising money to obtaining the land.

Mr. Lee stated that he worked very closely with the permitting department in Hillsborough County to build their field. He explained that the field was basically a parking lot with a synthetic cover to prevent the kids from getting hurt if they fall down. He explained the costs and expenses which may be necessary such as retention, club house, restrooms, electricity, and sewer lines. He commented that if those items were already in place then the cost would be approximately $250,000. He mentioned that the site preparation before putting down the asphalt in Hillsborough County was $40,000. He noted that it would take between 120-180 days to build a field which includes about 7-8 working days to prepare the field and lay the base, and another 4-6 days to lay the asphalt. He explained that depending on the kind of cover used it would take 30 days to cure, but during those 30 days, the dugouts and fences could be installed. He commented that it takes about a week after the curing process to put the cover down. He mentioned that it took them seventeen months from the time they saw the video until they played ball. He commented that they actually signed the lease to the land in November and opened in March. He related that although he lives 112 miles away, he would be glad to work with the County in the building design and in any other way necessary.

Commr. Stivender commented that the Boundless Playground already has a retention pond, a field covering similar to that mentioned by Mr. Lee, and new bathrooms, but that they would need to add an additional handicap accessible bathroom. She commented that the master plan for the Boundless Playground area was for a softball or baseball field. She mentioned that they are raising funds similar to the manner used by the Children’s Foundation by donating the land. She commented that raising money to build the field was time consuming, but actually building the field was not. She explained that they had matched funds raised by organizations to get the Boundless Playground completed. She remarked that Mr. Bonilla could work with them on the Miracle League field.

Mr. Lee stated he appreciated the opportunity to present information on The Miracle League.

Mr. Kelly Puckett, Executive Director of Central Florida Miracle League from Orlando, addressed the Board and commented that he was very proud of the fact that Orlando was the first Miracle League field in the State. He noted, however, that being first had its problems and although there were a lot of learning curves they got it built and that was all that mattered. He stated that receiving matching funds from Mayor Hood/Dyer in Orlando helped get the field built. He reported that at that time they were short by $150,000 and that that Mayor Dyer contacted him stating that there was someone who would like to donate the money with the stipulation that the field be named after him. He stated that he asked the man’s name and told Mayor Dyer that he would make the sign immediately.

Commr. Stivender noted that there were many generous people in Lake County and could see something like that happening here.

Mr. Puckett stated he started in 2001 with the idea that he wanted to make a baseball league for children with disabilities. He then went to Georgia to meet others and found that the Miracle League really was not about baseball – it was about giving these children an opportunity to have fun, overcome their boundaries and develop skills. He stated that in Orlando they push the child to do things they never thought they could do. He gave an example of one child who was in a wheelchair at the beginning of the season stating that once this child was challenged to get out of the wheelchair, standup and hit, the child was standing up and hitting by the fourth game, and even though it took him ten minutes to walk around the bases it was a proud moment for him and the Miracle League. He thanked the Board for their vision and reported that there was an Orlando Chapter and a Clermont Chapter who would merge to reach these children. He remarked that if he had the leadership of Mr. Lopresto and the Kiwanis Club in 2001 he would probably have ten fields by now.

Commr. Stivender stated that the next step, if everyone agreed, was to direct the County Manager and County Attorney to work with the Miracle League on a lease of the property for the field.

Commr. Cadwell stated that he had no problem working with them, but rather than having them lease the property, the County could give them the field.

Ms. Cindy Hall, County Manager, suggested that the staff work together to bring back a plan for the Board incorporating the information discussed.

Commr. Stivender stated that the sooner a decision was made by the Board, the sooner they would know what direction to take.

Commr. Cadwell asked how many participants there were in the Clermont Chapter.

Mr. Wallace stated that there were about 45 in South Lake where his Kiwanis Club was located, but that would expand greatly once the field was built. He explained that the long range vision was to have something in South Lake as well. He stated that one important thing which was not mentioned in the presentation was that once the field was built, people would be coming out of the woodwork to use it. He commented that wheelchair basketball teams had used these courts by using portable nets, and others who were physically challenged would want to use the field for a myriad of reasons.

Commr. Stivender noted that it would be a countywide facility and would imagine that all the Kiwanis Clubs would be joining in to assist. She explained that the reason they were not building one in Clermont and she stated it was because the park was already in Tavares and had the availability now.

Commr. Cadwell requested that Ms. Hall bring a plan back to the Board regarding the field for The Miracle League.

PRESENTATION OF AWARD

Commr. Stivender presented an award to Mr. Robert (Bobby) Bonilla, Parks Director, for the Department’s hard work on the Boundless Playground. She commented that Governor Jeb Bush and other prominent figures attended the Ground Breaking two years ago. She acknowledged that Lake Magazine had recognized the Parks Department for their accomplishment on Lake Idamere Boundless Playground and was ranked second place in the magazine’s “Best of the Best” section.

Mr. Bonilla accepted the award stating that it was a cooperative effort and belonged to the Board, County Manager, Staff and Leadership and expressed his appreciation.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

Community Services

Mr. David Hope, Fixed Route Coordinator, referred to Tab 7, Resolution No. 2008-79, which was a Service Development Grant application to the Department of Transportation (DOT) to provide new transit service from Altoona through Umatilla, to the new Umatilla Health Department, and to Eustis, Mt. Dora, and Zellwood, connecting to Lynx. He stated that if approved by the Board and by DOT the service would start in July 2009. He stated that the application was due June 2. He stated that the request came from Umatilla on March 20 to provide service to the new Health Department.

A motion was made by Commr. Stivender, and seconded by Commr. Hill for approval.

Under discussion, Commr. Renick requested clarification of Item “J” of the application under Progress Reports where it states that a “complete review of the project will be accomplished to determine whether it should be modified or terminated. If the decision is to terminate the project . . ..” She commented that the language did not make it clear who would be making that decision.

Mr. Hope explained that the decision would be made by the Board.

Commr. Renick questioned the cost of fuel which was shown as $3.20 per gallon.

Commr. Stivender interjected stating that was the amount the County pays, because they pay no tax on fuel.

The Chairman stated that there had been a motion and a second to the motion, and called for a vote. The motion carried unanimously by a 5-0 vote, whereby the Board approved the Service Development Grant to the Florida Department of Transportation to start a new LakeXpress route from Umatilla to connect to Lynx service in Zellwood and approved the execution of Resolution No. 2008-79 in support of the proposed fixed Route 4 service from Altoona to Zellwood in 2009.

PUBLIC HEARINGS:

VACATION PETITION NO. 1128 – JAMES J. JONES/FIRST BAPTIST CHURCH OF SORRENTO

Mr. Jim Stivender, Public Works Director, stated that Tab 8 was for Petition No. 1128 James J. Jones/First Baptist Church of Sorrento, to vacate a portion of Craig Avenue and Third Street in the Sorrento area just north of SR 46. He stated that this was in Commissioner’s District 4 and requested approval and execution of Resolution No. 2008-80. He referred to the map displayed on the monitor and explained that the church and buildings were already there and recommended approval to vacate the rights of way because there was no public purpose for them at this time.

The Chairman opened the public hearing.

There being no one who wished to comment, the Chairman closed the public hearing.

On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 1128, James J. Jones/First Baptist Church of Sorrento, to vacate rights of way known as Craig Avenue and a portion of Third Street, in the Sorrento area, and approved the execution of Resolution No. 2008-80 supporting same.

VACATION PETITION NO. 1124 - Lake 64 LLC

Mr. Jim Stivender stated that Tab 9, Vacation Petition No. 1124, Lake 64 LLC, was to vacate lots, tracts, and unnamed Rights of Way in the Plat of Groveland Farms in Commissioner’s District 2, south of Groveland. He stated that the Petition was to vacate a subdivision that had been developed. He explained that the old platted rights of way of Groveland Farms into ten acre tracts were being eliminated and that a road was to remain along one edge to the particular piece of property in question concerning the uplands associated with it, and the legal access to the uplands. He stated that he would allow both parties who were present at this meeting to debate the issue. Mr. Stivender displayed the site on the monitor. He explained that during certain times and certain years when the water is down, most of the property is high and dry, but at other times it would be very wet with water at knee-high level. He recommended the Board approve the vacation of rights of way.

The Chairman opened the public hearing.

Commr. Stewart asked Mr. Stivender if there was a lot within that particular property where a home could be built.

Mr. Stivender responded that he was not aware of one.

Mr. Gary Cooney from the law firm of Richey and Cooney in Leesburg, who represented Lake 64 LLC (Lake 64), addressed the Board with a request to vacate the unused road rights of way (indicated in red on the handout) mentioning that they were undeveloped, without pavement. He stated that they were currently building subdivisions on this property and mentioned that Resolution No. 2008-81 to vacate would not take effect until such time as the subdivision was platted. He commented that the first time the Board was made aware of this case was when opposing counsel stated that if the rights of way were vacated it would greatly increase the amount of distance his clients, Mr. Kris Ector and Mrs. Nancy Ector, had to travel in order to have an easement to a public road, but he had argued that once the subdivision was in place, their road would actually be closer, not further away. He also assured the Board that they were not opposed to the Ectors having an easement from the property, if one was due them under Florida Statute, by showing that the property can either be used for a dwelling, to grow timber, run cattle, or for an agriculture business. He commented that they had already begun construction and that the rights of way ran through lots which would be platted and had preliminary approval, so they would actually have a paved road they could access at a very close distance. He explained that the test outlined in the Resolution was whether the public has any necessary use for these rights of way and stated that he believed once the new plat was approved, the public definitely would not have any use for the rights of way shown. He stated further that at the present time the idea was that the designed lot line goes to the corner so that if an easement was required, it would run along that lot line to get to the road.

Mr. Timothy P. Hoban, attorney for the Ectors, addressed the Board with a summary of the facts. He stated that in 1950 Ms. Ector’s father bought Lot No. 11 and in 1968 he passed away and the property was devised to her in his Will. He explained that in 1988 when the Pretty Lake PUD was first proposed, Ms. Ector repeatedly contacted Lake County to ensure that access was granted to their property. He stated that in 1996 the Ectors participated in a Special Master hearing over the Pretty Lake PUD where a portion of a letter written by Ms. Cecilia Bonifay to Mr. Sandy Minkoff indicated that the access easement agreed to by the parties was inadvertently excluded from the signed Settlement Agreement, and that Mr. Richard Langley would provide the agreed upon access easement to the Ectors. He continued by stating that for 57 years, Ms. Ector and her father had paid taxes on the property. He explained that the Ectors would soon be retiring to Lake County and would like to visit the property as she did when she was a child. He also stated that he would like to correct a mistaken impression that he might have given that this was a growth issue. He commented that the Ectors have requested no money be paid to them, but have proposed that Lake 64 grant a 20’ easement running along the platted road already constructed between Lots 7 and 8 and that an easement go along the property boundary to their parcel. He remarked that the Ectors had proposed to pay the attorney’s fees to draft the easement and that Lake 64 would pay the surveyor to draft a legal description since the field work had been done. He recapped that on February 26 the Board granted a 60 day continuance, but Lake 64 was not ready to meet him during that time. He went on to say that in early April the Ectors were unwilling to agree to another 30 day continuance unless Lake 64 would meet with him. He stated that on April 11 he made an offer of a 20’ easement along the existing road along the property boundary and asked for feedback. He commented that he received the first feedback May 21, from Lake 64 which indicated if the Ectors could get every permit within six months to build a boat house, then they would begin the process of drafting an easement. He explained that if the process to get the government permits took longer than six months, the Ectors would lose everything and that by the time the Ectors move to Lake County in several years, their government permits would have expired and their time and money to obtain them would have been wasted. He went on to say that Lake 64 proposed their easement would prohibit utilities such as electricity and cable. He requested that the Board deny without prejudice the vacation. He explained that once an agreement had been reached it should be placed on the agenda to do it with prejudice, which would generally take a year. He suggested to the Board that any easement should allow utilities, driveways and stormwater between Lots 7 and 8; no six month deadline; and should be drafted now rather than waiting six months.

Mr. Cooney pointed out that Lake 64 LLC is a small, one-man operation. He further stated that the offer was slightly mischaracterized in that the offer stated they were willing to grant the easement and that they think the Ectors have a slightly unrealistic view of how this property can be used. Rather than encumber this property with an easement that may not be necessary, they suggested that they to go through the County process and demonstrate prior to giving the easement that a building permit could actually be pulled for this property. He explained that the only way they could get an easement today was to have a hearing in Circuit Court and convince a Judge under Chapter 704 that they are entitled to a Way of Necessity to get to either one of those roads or out to SR 33. He remarked that the worst case scenario would be to vacate the roads, let Lake 64 build a new road closer and have the Ectors go to Circuit Court to obtain an easement dictated to the new road, which is closer. He stated that there was no reason not to vacate today and that the vacation today was tied to Lake 64 putting in the plat. He explained that they were willing to do what was required, but they do want them to demonstrate that it is a viable easement. He mentioned that even if they were not going to do those things, vacation of these rights of way do not in any way affect the Ectors’ ability to get the easement.

Commr. Stewart asked if approving the vacation would deny Ms. Ector’s access to visit land she has great sentimental attachment to and has visited her entire life.

Mr. Cooney replied that it would not be denying her access, however, he stated that he thought she might have been trespassing on the property during the years she was visiting it.

Commr. Stewart remarked that somewhere along the line Ms. Ector was promised an easement to that property and that she should not be punished for a mistake that was made.

Mr. Cooney stated that his client, Lake 64, owns this property and they did not make that promise. However, he commented that they were willing to give her ingress and egress access.

Mr. Minkoff stated that the previous developer’s plan was a totally different plan, but there was a commitment made to grant access, and he did not think the issue should be brought up when they were doing the road vacation, but rather when the final plat came before the Board for the project. He felt that if Lake 64 clearly indicates it would grant the vacation, but will not entertain a final plat unless the access is granted on that plat, that would resolve this situation if that is the way they would like to go.

Commr. Stewart asked if that could be done whether or not they are able to get a building permit in the future.

Mr. Minkoff stated that he thought the Board could do that.

Mr. Hoban interjected stating that they were doing a plat for the top half of the property, but that it would not help them get all the way down there. He requested that they work out the Agreement first, then vacate the easements second. He stated that the easement could be drafted in such a way that it goes right down the middle and would not in any way slow down or stop their process.

Mr. Minkoff stated that if the vacation is conditioned upon access being provided to them from SR 33, they would be required to do that or the Resolution would not be effective. He related that if the Board desired to do so, they would amend that Resolution today to include that and to say that the Resolution shall not be effective until access is provided to the property owner from SR 33, with a width of at least 20 feet.

The Chairman closed the public hearing.

Mr. Minkoff asked the Board if they would like to defer this matter so that they could review the language that should be added to the Resolution.

The members of the Board agreed to defer the matter and have Mr. Minkoff present language to be added to the Resolution.

RECESS AND REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess until 10:40 a.m.

INTRODUCTION

Commr. Renick introduced Mr. Jack Jackson, Director of Operations for the Training Center associated with South Lake Hospital, who was visiting as an intern from Leadership Lake County.

VACATION PETITION NO. 1124 - Lake 64 LLC, CONT’D.

Mr. Minkoff stated that during the recess he and Mr. Stivender discussed language for the Resolution with the inclusion of utilities. He remarked, however, that the proposed language would require that Mr. Fred Schneider, Engineering Director/PE, verify that legal access had been provided to the Ectors prior to the effective date of the vacation Resolution.

Mr. Hoban stated that at the present time there was no utility easement and that the proposal from Lake 64 was to prohibit any utilities being put in the access easement.

Mr. Cooney stated that he had an opportunity to speak with his client, and Mr. Minkoff had shown him the proposed language. He stated that they do not have an issue with the proposed language with the exception being that 20 feet was a little wide for vehicular ingress and egress and they would like to reduce that by proposing a 15’ easement. He explained that if a house were built on the property, then they would certainly be willing to have utilities, otherwise, it would seem that the easement should be ingress and egress only, as water; sewer and electric were not needed to have the ability to walk on the property.

Commr. Cadwell stated that Mr. Minkoff was presenting language to seek a solution.

Mr. Minkoff reviewed the proposed additional language with the members of the Board.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved Vacation Petition No. 1124. Lake 64 LLC, to vacate lots, Tract and unnamed Right of Way in the Plat of Groveland Farms and execution of Resolution No. 2008-81 with the addition of the following language: “This Resolution shall be effective upon proof being provided to the Lake County Engineer that an ingress, egress and utility easement of at least fifteen feet (15’) has been granted to the Ectors which provides access to a publicly maintained road. Upon approval of such ingress, egress and utility easement by the Lake County Engineer, he shall record an affidavit in the Public Records of Lake County, Florida, which shall evidence that this requirement has been fulfilled.”

PUBLIC HEARINGS

Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, addressed the Board stating that this hearing was properly noticed, that there had been no changes to the Agenda from staff, and requested approval of the Consent Agenda from the Board.

REZONING CONSENT AGENDA

The Chairman opened the public hearing regarding the Consent Agenda.

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

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, Tabs 3, 4, 5, 7 and 8, as follows:

Ordinance No. 2008-30

Shepherd of the Hills

Lake County BCC

Rezoning Case No. PH#24-08-2

Request approval to amend Ordinance #2008-11 to establish building setbacks for the cellular communication tower compound within this Community Facility District (CFD).

Ordinance No. 2008-31

Pine Lake Parcels

BCC Public Lands Manager David Hansen

Rezoning Case No.PH#18-08-4

Request approval to change the zoning of the property from Agriculture (A) to Community Facilities District (CFD) for conservation and public passive recreation.

Ordinance No. 2008-32

Lake County BCC

BCC Public Lands Manager David Hansen

Rezoning Case No. PH#19-08-4

Request approval to change the zoning of the property from Agriculture (A) to Community Facilities District (CFD) for conservation and public passive recreation.

Ordinance No. 2008-33

Whitney Baptist Church

Lake County Planning & CD

Rezoning Case No.PH#27-08-1

Request approval to rezone 4.81 acre property from Agriculture (A) to Community Facilities District (CFD) and revoke CUP Ordinance #888-2.

Staff Initiated Revocations of Conditional Use Permits – Ordinance No. 2008-34

Sammy & Shirley Hart

CUP# 00/12/1-4

Revocation of the terms and conditions of the CUP, which was for the placement of a mobile home for the care of the infirm. The mobile home was removed and no longer needed.(5+ acres)

Richard Reinertsen

CUP# 98/12/4-3

Revocation of the terms and uses of the CUP, which permitted a dental lab as a home occupational use. The business is closed. (.5+/acres)

Kenneth Gill

CUP# 00/6/1-4

Revocation of CUP issued to Sandy Hill Nursery (Donald Smith & Bonnie Oliver) for a caretaker’s residence for a greenhouse/nursery operation. The CUP is no longer needed. (4 +/acres)

John Scharnhorst, et al

CUP# 02/10/1-5

Revocation of CUP in Agriculture issued to Billy Scheller for an active commercial recreation facility consisting of mud bogging. Mud hole is closed and no longer needed. (20 +/acres)

Luther Butts

CUP# 95/11/3-2

Revocation of CUP issued to William & Betty Corman, for placement of a second mobile home on site for the care of the infirm. The mobile home was removed off the site. (5 +/acres)

Douglas Walker

CUP# 713-2

Revocation of CUP in Agriculture which was issued to Liz Allan’s Ski School Ltd., since new owners acquired the property the ski school ceased operation and is closed.

Eduardo Trejo

CUP# 99/9/2-3

Revocation of the terms and uses of a CUP in Agriculture for a mobile home as a caretaker’s / office with a grove operation. The mobile home has been removed from the property. (8.25 +/acres)

Alice Midwood

CUP# 87/5/2-4

Revocation of CUP in Agriculture for an Antique Shop. The owner no longer desires the need for the home occupation use. (5 +/acres)

Kurt & Cheryl Hoag

CUP# 999-3

Revocation of the terms and uses of a CUP in M-1 (Heavy Industrial), issued to John Reising, for the placement of a mobile home for a caretaker’s residence. Since acquiring the property by the new owner, the mobile home has been removed and the CUP is not desired. (2.4 +/acres)

REZONING CASE NO. PH#42-07-3 – SOUTH LAKE ANIMAL LEAGUE, INC.

Ms. Stacy Allen, Senior Planner, Division of Planning and Community Design, presented Ordinance No. 2008-35, Rezoning Case No. PH#42-07-3, Tab 1, stating that the Applicant requested approval to rezone 14.2 acres of the 22.3-acre site from the Community Facility District (CFD) to the Agriculture Zoning District in order to request a Conditional Use Permit (CUP) for an animal shelter (kennel). She commented that staff recommended approval of this rezoning request.

The Chairman opened the public hearing.

There being no one who wished to comment, the Chairman closed the public hearing.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Rezoning Case PH#42-07-3, Tab 1, Ordinance No. 2008-35, to rezone 14.2 acres of the 22.3-acre site from the Community Facility District (CFD) to the Agriculture Zoning District in order to request a Conditional Use Permit (CUP) for an animal shelter (kennel).

REZONING CASE NO. CUP#17-08-3 – SOUTH LAKE ANIMAL LEAGUE, INC.

PATRICIA PARKER, SOUTH LAKE ANIMAL LEAGUE, INC.

Ms. Stacy Allen, Senior Planner, Division of Planning and Community Design, presented Ordinance No. 2008-36, Rezoning Case No. CUP#17-8-03, Tab 2, stating that the Applicant requested a Conditional Use Permit (CUP) for caretakers residence and to allow for an animal shelter for kennels for medical care, rehabilitation, shelter, and adoption of cats and dogs. She commented that the subject parcel is 22.3 acres in size and located in the Mascotte area. She stated that kennels are permitted in the Agriculture Zoning District provided the conditions of the Land Development Regulations (LDR) are met. She remarked that in the LDR, the CUP shall address the maximum number of animals to be permitted in the kennel, the required setbacks, the impact which animal noise and odor may have on adjacent property owners, and the provision for the removal of animal waste and sewage. She reported that based on the information provided by the Applicant, the maximum number of animals on the site would be 50 cats and 75 dogs over the age of six months and 30 kittens and 30 puppies under the age of six months. She explained that the Applicant was proposing an 8900 square foot kennel facility and has demonstrated that the kennel and all related structures shall meet the 200’ setback, as well as meeting the setbacks from all rights of way and adjacent property boundaries. She explained that animal noise upon adjacent properties is very difficult to define, however, with the incorporation of building materials, fencing and landscaping it may not be an issue. Further, she commented that domestic and commercial waste must be disposed of into a Department of Health or Lake County Health Department approved system, and these items would be addressed in detail during the site plan process. She stated that based on these findings, staff recommends approval of this CUP request.

Commr. Renick stated that she was happy they had a site located in a proper area, but stated that 30 kittens make up five litters and suggested being more generous of the request.

The Chairman opened the public hearing.

Ms. Patricia Parker, Administrator and Animal Care Coordinator, addressed the Board stating that she would be delighted to take more kittens and puppies. She commented that they would be utilizing foster homes in addition to the kennel to accommodate those very small kittens or puppies that need to be bottle-fed.

Commr. Stivender suggested having a maximum of 50 kittens and 50 puppies instead of 30 of each.

Mr. Raymond Brooks, Vice President of The Animal League, addressed the Board and questioned whether they agreed on language indicating an average.

Commr. Renick stated that they had increased it to from 30 to 50 kittens and 50 puppies.

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 Tab 2, Ordinance No. 2008-36, Rezoning Case No. CUP#17-08-3, a Conditional Use Permit (CUP) in the Agriculture Zoning District to allow for an animal shelter for the shelter, medical care, rehabilitation and adoption of cats and dogs (kennel), with an amendment to Section 2 (a) and (b) increasing the maximum number of both kittens and puppies under the age of six months from 30 to 50.

REZONING CASE NO. PH#25-08-5 – LOYAL ORDER OF MOOSE, INC. – DEWEY WILKEY, LAKE COUNTY P& CD

Mr. Steve K. Greene Chief Planner, Planning and Community Design, presented Ordinance No. 2008-37, Rezoning Case No. PH#25-08-5, Tab 6, Loyal Order of Moose, Inc., - Dewey Wilkey, Lake County P &CD, stating that during the site plan consideration and review by staff it was determined that there was a Scrivener’s error in the original CFD Ordinance 2001-80 and that the Applicant requested approval to rescind said Ordinance 2001-80 with a new Ordinance to correctly rezone the property from Agriculture (A) to Community Facility District (CFD) in its entirety. He reported that staff recommended approval of the Ordinance.

The Chairman opened the public hearing.

There being no one who wished to comment, the Chairman closed the public hearing.

On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2008-37, Tab 6, rescinding Ordinance 2001-80 with a new Ordinance to correctly rezone the property from Agriculture (A) to Community Facility District (CFD) in its entirety.

REPORTS – COUNTY ATTORNEY

LICENSE AGREEMENT BETWEEN LAKE COUNTY AND MR. FRANK LEE PORTER, III

Mr. Sandy Minkoff, County Attorney, addressed the Board stating this item was added to the Agenda. He explained that Mr. Porter owns the lot across the street from the Umatilla Health Clinic and had agreed to allow the County to use it for parking at the Grand Opening Day of the Clinic on June 5. He reported that there would be no charge for its use other than mowing the lot for safety purposes, and providing insurance coverage and indemnity within the limits of sovereign immunity.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the License Agreement between Lake County and Mr. Frank Lee Porter, III, for the use of the lot across from the Umatilla Health Clinic for parking at the Grand Opening of the Clinic on June 5, 2008, without charge other than mowing the lot for safety purposes and providing insurance coverage and indemnity within the limits of sovereign immunity.

REPORTS – COMMISSIONER RENICK – DISTRICT 2

DOMESTIC SELF SUPPLY STUDY

Commr. Renick distributed a handout reporting results from the meeting with St. John’s River Water Management District (SJRWMD). She stated that at the April 1, 2008, BCC Meeting there was a discussion regarding the Domestic Self Supply Study and the Board had agreed to direct staff to come back to discuss merits of changing the methodology presently used in the Comprehensive Plan process versus an alternate methodology.

Ms. Amye King, Growth Management Director, reported that Mr. Gregg Welstead, Conservation and Compliance Director and his department have being working with the other departments on the methodology behind the report, mentioning that the Planning Directors throughout the cities and the county met to discuss it. She stated that she knew it was an ongoing work-in-progress and that she would work with Ms. Hall to obtain a date for completion of the work. She questioned Commr. Renick with regard to reviewing the lower population numbers.

Commr. Renick stated that they were possibly going to consider the other numbers.

Commr. Cadwell stated that the numbers were a foundation to the Comprehensive Plan and some type of analysis should be done regarding the effect those numbers would have in all facets of planning.

Ms. King mentioned that when those numbers were first derived they were comprised of a partnership between all the County Departments, some Constitutional Offices, and the cities. She commented that those numbers came before the Board and the Department of Community Affairs who then accepted them. She stated that they now had new information and had found that the population projections of the Bureau of Economic Business Research (BEBR) had increased exponentially over what they were in 2004. She suggested that they reconcile these numbers by taking what they were in 2004, what BEBR currently projects, and report the differences to the Board. She commented that Commr. Cadwell mentioned that many capital projects had been using the 2004 projections for the last four years on the Comprehensive Plan.

Commr. Renick stated that this was a discussion she would like to have and realized that the Local Planning Agency (LPA) had been working on other ordinances and thought they would be coming back to the Future Land Use Map soon and that it needed to be resolved for that process.

Ms. King stated that she completely understood, but that if the numbers the Department of Community Affairs (DCA) had already accepted were not used they would have to go back into negotiations with the DCA whether or not the numbers were reduced or increased. She explained that the DCA would have to accept the new numbers which generally takes a good deal of time. She commented, however, that she would reconcile the numbers.

REPORTS – COMMISSIONER HILL – DISTRICT 1

IMPACT FEE CATEGORIES

Commissioner Hill stated that they have many requests for specific designation within the Impact Fee Categories. She commented that she realized the Strategic Plan had been completed and Ms. King was working with the LPA and the EDC to review them. She mentioned that no specific category existed for historic places within Districts, Cities, or the County. She stated that numerous people attempting to establish businesses by utilizing vacated areas, such as strip malls, had no specific category or the category itself was too vast. She explained that she would like attention called to this issue while going through the LPA process and working with the EDC in order to make the Impact Fee Committee aware of the need for specific business categories. She remarked, for example, that not all dining establishments fall under one of the three restaurant-designated categories and would like to request more specificity for designations of all businesses.

Commr. Cadwell stated that he currently sent a former beauty salon business for review which was now a barbeque establishment with ten chairs and no drive-through capabilities, and it was placed in the same category as McDonald’s.

Commr. Renick stated it was not just an historical issue, but rather a redevelopment issue and if they were going to be improving development, obstacles should not be thrown in its path.

Ms. King explained that staff would consider this a Comprehensive Plan issue as much as a Land Development Regulations (LDR) issue. She stated that because redevelopment was an integral part of the Strategic Plan for Economic Development, they would be partnering within their cluster toward economic development and reviewing issues which were fairly new to Lake County such as how to treat and encourage the redevelopment of existing buildings.

Ms. Hall stated that she would contact Ms. Dottie Keedy, Economic Growth and Redevelopment Director, to find out what could be done to assist redevelopment occurring at this time.

Commr. Hill commented that part of that was Strategic Plan but lacked detail as to when and where to incorporate it and thought it should be addressed now.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.

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WELTON G. CADWELL, CHAIRMAN

ATTEST:

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NEIL KELLY, CLERK