A REGULAR MEETING OF THE BOARD
OF
AUGUST 26, 2008
The Lake County Board of
INVOCATION
Pastor Michael Sweeney, New Life
Church of God, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Melanie Marsh, Deputy County
Attorney, stated that they needed to add under the
Commr. Renick mentioned that she
wanted to place under her business the memo about the
Commr. Renick requested to pull
Tab 1 for further discussion.
On a motion by Commr. Stivender,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the County Manager’s Consent Agenda, Tabs 2 through 6, pulling Tab 1,
as follows:
Community Services
Request for approval of the Trip/Equipment Grant Agreement between the
Florida Commission for the Transportation Disadvantaged and the Lake County
Board of
Request for approval to seek individual grants, monetary support and donations up to and including $10,000 for the Festival of Reading, literacy and other countywide library programming.
Procurement
Request for approval for 08-0255
Native Ecosystem restoration for Ferndale Preserve on
Request for approval of the award of a Term & Supply contract to Capital Office Products, Inc. for the provision of office products.
Public Works
Request for authorization to release
a letter of credit for maintenance in the amount of $37,085.82 posted for
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board
approved the
Request for approval of termination of lease space with Blackwood Properties effective December 1, 2008. Commission District 4.
PRESENTATION
TRANSIT DEVELOPMENT PLAN
Mr. Ken Harley, Public Transportation Manager, stated that they would be doing a presentation of their Transit Development Plan (TDP), which was required by the Florida Department of Transportation, because they received Block Grant Funds as well as federal grants from the FTA (Federal Transit Administration) to operate their fixed-route transportation system. He explained that the MPO (Lake Sumter Metropolitan Planning Organization) had taken the lead in putting together and planning that for them this year, coordinated with the efforts of Wilbur Smith Associates.
Ms. Abra E. Horne, Assistant
Planning Director for Wilbur Smith Associates, noted that this was the 2020
Transit Development Plan with an extra year added on to the ten-year document
and explained that this was intended to help the County come up with a vision
for the future in terms of transit, but did not obligate the County to
implement the programs identified in the plan.
She pointed out that they had found that the patrons who were using
Ms. Horne reported that the objectives were for the transit system to be convenient, cost effective, integrated, and accessible. She recommended that the County enhance existing service by streamlining in the future Route 1 along Highway 441 and extending the hours and days of operation, and the option of a northwest commuter rail service was identified. They also looked at some new transit routes, and she commented that the County was at a great juncture to be able to work with private developers, local funding partners, and municipalities to fund individual routes. She requested that the Board approve the Transit Development Plan, which had alternative 1 shown on the first map in their packet.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the Transit Development Plan as prepared by Wilbur Smith Associates covering the period from 2009 through 2020.
PUBLIC HEARINGS:
COMPREHENSIVE PLAN AMENDMENT:
PUBLIC SCHOOLS FACILITIES
Mr. Brian Sheahan, Director of Planning and Community Design, clarified that they were statutorily required to transmit this school element to the DCA (Department of Community Affairs), which was on hold for some time due to their prohibition on transmitting any future Comprehensive Plan elements. He related that the DCA had a change of heart recently, and staff moved quickly to get this to the Board for transmittal. He stated that one of the issues that staff faced with this was the use of the population numbers and the current Public Schools Facilities Element Data, Inventory, and Analysis. He noted that staff chose to use the population numbers that were originally approved by the LPA (Local Planning Agency) and included in the Data, Inventory, and Analysis; and they fully expected these population estimates to be updated as they moved along with the Board direction to use the BEBR (Bureau of Economic and Business Research) numbers, which they should be able to do without retransmitting.
Mr. Ian McDonald, Chief Planner, recapped that about a year ago the LPA had transmitted to the Board the proposed amendments, and subsequent to that, the process was put on hold for the reasons explained by Mr. Sheahan. He pointed out that he made some additions to the original language, which were detailed in their staff report, to make sure that that the Comprehensive Plan was consistent throughout. He reported that DCA had just approved the first amended Interlocal Agreement. He assured the Board that they met all the minimum criteria of the State and implemented what the working groups of the School Board and the cities had put together. He stated that staff was recommending approval to transmit the ordinance to DCA.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 9, the Comprehensive Plan Amendment: Public School Facilities Sub-Element.
MAINTENANCE MAP FOR PORTIONS OF
Mr. Jim Stivender, Public Works
Director, stated that essentially what they had done was filed a map of the
entire length of
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 10 to accept a Maintenance Map for portions of Britt Road (#4981) in Commission District 4.
VACATION PETITION NO. 1112 – JOHN
AND
Mr. Stivender explained that
Vacation Petition No. 1112 pertained to right of way that was on the
The Chairman opened the public hearing.
Ms. Leslie Campione, who represented the applicant, stated that she had nothing further to add to Mr. Stivender’s explanation.
There being no one else 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 vote of 5-0, the Board
approved Tab 11, Vacation Petition No. 1112, John W. Bustle and Nancy Bustle,
to vacate a portion of a right of way known as
VACATION PETITION NO. 1136 – JIM
STIVENDER – PUBLIC WORKS
Mr. Stivender stated that this
public hearing was for Vacation Petition No. 1136 to vacate drainage easements
in the plat of Cashwell Minnehaha Shores located in Section 35, Township 22S,
Range 25E, with part of it in section 2, Township 23S, Range 25E, in
conjunction with the Elbert Street Stormwater project in the Clermont
area. He explained that this was a
stormwater enhancement project where there were drains put along
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 12, Vacation Petition No. 1136, Jim Stivender – Public Works Stormwater Section, to vacate two drainage easements in the plat of Cashwell Minnehaha Shores on Lake Minnehaha, located in Section 35, Township 22S, Range 25E, and Section 2, Township 23S, Range 25E, in conjunction with the Elbert Street Stormwater project, in the Clermont Area in Commission District 2 and the execution of Resolution No. 2008-123.
PUBLIC HEARINGS:
REGULAR
REZONING AGENDA
Mr. Brian Sheahan, Director of Planning and Community Design, stated that there were two changes to the Rezoning Agenda for that day, one of which was Agenda Item 2, Rezoning Case PH#31-08-1, which had been withdrawn by the Applicant. Also, he reported that they received a 30-day continuance request for Rezoning Case MSP#08/7/1-3, Agenda Item 8, Robert J. Merritt; and staff supported this request because the applicant would like time to work out some issues with the neighbors.
Commr Cadwell asked if that fit into their new rules regarding postponements.
Mr. Sheahan answered that this was the first time they have asked for a postponement.
The Chairman opened the public hearing regarding the postponement of Rezoning Case MSP#08/7/1-3.
There being no one who wished to address the Board regarding the postponement, the Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved the 30-day postponement of Tab 8, Rezoning Case MSP#08/7/1-3, by Robert J. Merritt.
CONSENT REZONING AGENDA
Mr. Sheahan informed the Board that there were no changes to the Consent Agenda and that staff would like to move forward with those items.
Commr. Renick requested to pull Item No. 1, Rezoning Case PH#21-08-4, Robert and Jane Walsh, Talon’s Ridge.
The Chairman opened the public hearing regarding the Consent Agenda, pulling Tab 1.
There being no one 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 vote of 5-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 5 – Ordinance No. 2008-57
Lake County/David Hansen, Public Lands Manager
Helena Run Rezoning
Rezoning Case No. PH#33-08-1
Request approval to change the Zoning from Neighborhood Commercial District (C-1) and Urban Residential District (R-6) to Community Facilities District (CFD) to allow for conservation and passive recreation activities.
Tab 6 – Ordinance No. 2008-58
Robert Solomon
Case No. PH#35-08-4
Request approval to change the Zoning from Urban Residential District (R-6) to Residential Professional District (RP) in order to make highest and best use of the property.
Tab 9 – Ordinance No. 2008-59
Staff-Initiated
Voluntary Revocations of Conditional Use Permits
(A) Roy Skipper and Hubbert Powell
Patricia J. Butts
Case No. CUP#499-2
Staff-initiated revocation of the terms and uses of the CUP in Agriculture for a cluster housing facility, which included two mobile homes. The second mobile home has been removed from the site and is no longer being used as originally approved for. (5+/ac)
(B) Ralph N. Darden
Case No. CUP#872-5
Staff-initiated revocation of a CUP in Agriculture issued for placement of a mobile home for the care of a nursery operation. The owner no longer desires or needs the use of the CUP, since the property has been created into three recognized lots.
(C) C C & B Properties
Case No. CUP#91/2/2-1
Staff-initiated revocation of the terms and uses of the CUP in RMRP for an RV Park. In accordance with the terms of the CUP, construction and operation should have begun within six months; otherwise it shall be null and void, and site inspections confirmed that the property is vacant to this date. (12+/ac)
(D) Clifford Willoughby
Case No. CUP#968-1
Staff-initiated revocation of the terms and uses of the CUP in C-2 (Community Commercial) for a caretaker’s residence in conjunction with an auto repair business. The business no longer exists and the mobile home has been removed from the property. (2.74+/ac)
(E) Charles Bradshaw
Case No. CUP#90/7/3-2
Staff initiated revocation of the terms and uses of the CUP in RMRP for an RV Park. The use is being terminated in accordance with the conditions outlined in the CUP item 3.d. stating that construction and/or operation shall have begun within six months; otherwise, this permit shall be null and void. The RV Park was never constructed in accordance with the requirements.
(F) Terry Allen/Nextel Communications
Case No. CUP#00/8/3-4
Staff-initiated revocation of an ordinance (#2000-84) for a CUP in Agriculture for the placement of a 199-foot monopole telecommunication tower on a .23 acre lease parcel. The CUP is being terminated in accordance with the requirements outlined in 3.D. stating that construction and/or operation shall have begun within twelve months; otherwise, this permit shall be null and void. A site visit indicated that the tower was never placed on the site. (24+/ac)
(G) Lloyd and Mary Lou Mackey
Case No. CUP#89A/9/4-3
Staff-initiated revocation of CUP in Agriculture for the keeping of an RV on site for the care of an infirm relative, whereby amended to allow an additional six months stay on site. A site inspection indicated that the RV is now being used for storage, which is in violation of the Lake County Code (6-23) and the Land Development Regulations (10.01.02 D), which also terminates the intended use of the site and renders the CUP invalid. (4+ac)
(H) APAC-Florida Inc.
Case No. CUP#92/7/2-2
Staff-initiated revocation of the Conditional Use Permit in Agriculture approved for a temporary asphalt plant. Per the condition of the CUP terms 2.(F)#15, the temporary asphalt plant permit shall be valid for a period of one year from the date of approval by the Board of County Commissioners. A site inspection indicates that the property is vacant. (8+/ac)
REZONING
CASE NO. 21-08-4 – ROBERT AND JANE WALSH – TALON’S RIDGE
Karen Ginsberg, Senior Planner, presented Rezoning Case Number PH#21-08-4, Robert and Jane Walsh, stating that the 25-acre property was located in the Mt. Plymouth/Sorrento area at the end of Payne Road, approximately a quarter of a mile southeast of the intersection of State Road 46 and North County Road 437. The applicant was requesting to rezone the site from the Agriculture (A) and Urban Residential District (R-6) to Planned Unit Development District (PUD) to allow for 118 residential dwelling units at a density of 5.5 dwelling units per net acre. She continued to read from the Summary of Staff Determination and showed on an overhead map the location of the site, nearby neighborhood activity centers located within a mile of the site, and an employment center located within one quarter mile of the site. She noted that the location of high-density residential at this location was consistent with the Comprehensive Plan. She also reported that the City of Mount Dora had indicated that the site was not within the City’s service area, and that although they were currently studying the possibility of extending its service to include the proposed site, a decision regarding that has not been made. She mentioned that the Conceptual Plan indicated that an interim water and sewer facility would be provided on site. She concluded that based on those findings, staff recommended approval of this rezoning request.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr.
Renick stated that she was not in favor of this request, and noted that the
domestic self-supply study that the St. Johns River Water Management District
just completed indicated that this was the area that would be the most
affected. She also pointed out that the
City of Mount Dora would not be able to serve this site with water, and she did
not think that this would be an area that
Commr. Stewart commented that the existing density of the property was already 5.5 units per acre, since it was R-6 (Urban Residential District) zoning. She further stated that she was concerned about any new development the County approves because of their water situation, but in this situation Mr. Walsh had ended up being surrounded by development and town homes, which ended the rural vision he originally had for the property. She noted that she had not received any objections from people in her district regarding this who were usually very vocal, and she did not think any development would occur any time soon on this property or that they were actually planning on putting in an interim water system.
Commr. Cadwell pointed out that the rezoning was compatible with what already existed in that area.
Commr. Stewart added that the Mount Plymouth/Sorrento Advisory Committee was all right with this. She opined that she did not really want to approve this, but did not think it was practical to deny it. She commented that this was why they needed to take some strong measures in the future to deal with growth related to the availability of water.
On a motion by Commr. Stewart, seconded by Commr. Stivender, and carried by a vote of 4-1, the Board approved the request of Rezoning Case PH21-08-4, Robert and Jane Walsh, Talon’s Ridge, to rezone 25.1 acres from Agriculture (A) and Urban Residential District (R-6) to Planned Unit Development (PUD) to allow for 118 residential dwelling units at a density of 5.5 dwelling units per net acre and the execution of Ordinance No. 2008-56.
Commr. Renick voted “no.”
COMMUNITY
SERVICES
AMENDMENTS
TO FY 2006-09 LOCAL HOUSING ASSISTANCE PLAN
Mr. Dale Greiner, Interim Director for Housing and Community Development, stated that an amendment was before the Board to the Local Housing Assistance Plan, adding a Foreclosure Prevention Strategy.
Commr. Renick stated that she had a problem with one of the criteria listed under the “recipient selection criteria” on the bottom of Page 20 referring to an adjustable rate or interest only mortgage that has reset. She felt that those people took a risk on that low mortgage loan and may have made a bad judgment. She also thought that if they took an adjustable rate mortgage, it was probably because they would have a hard time qualifying for a regular mortgage, so she was not sure that those were the ones that would be the best applicants for this program.
Mr. Fletcher Smith, Community Services Director, stated that the Affordable Housing Advisory Committee thought that this would be a good program, and they were partnering with Community Legal Services of Mid-Florida to identify those clients that they could salvage. He pointed out that the persons and families that came into their office had to meet the qualifications according to their guidelines. He added that they would also be helping those people to refinance for a fixed mortgage rate to get them out of the cycle of fluctuating mortgage rates.
Commr. Stewart was concerned that someone who made a bad financial decision could prevent someone who became ill and had huge medical bills from receiving that help since funding was limited, and she asked Mr. Smith if that was possible.
Mr. Smith stated that it was possible, but assured her that they would not help those that made a bad financial decision and could not salvage themselves and remain current with those payments.
Commr. Hill commented that it looked like they redesigned the selection criteria and modified the priority list.
Mr. Smith referred the Board to Page 21, which clarified that someone who was very low income and disabled would have first priority to get into the program.
Commr. Cadwell thought that if they were prioritized the way they were supposed to be, the program would probably run out of money before it helped people from the adjustable rate mortgage category.
Commr. Renick asked whether they could strike that category or require some type of repayment provision for that category.
Mr. Smith commented that they were only allocating $113,000 for this program this year. He stated that they could talk with the Florida Housing Finance Corporation to see if that was permissible, since they had to sign off on it once the Board approves it. He also would have to go back and talk with the Affordable Housing Advisory Committee to let them know what the recommended changes were if the Board would feel comfortable striking the adjustable rate mortgage aspect of that.
Commr. Cadwell suggested that they contact the state advisory committee to get their thoughts about this before the Board acted on it.
On a motion by Commr. Renick, seconded by Commr. Stewart, and carried by a vote of 5-0, the Board moved to postpone Tab 1, the amendments to the FY 2006-09 Local Housing Assistance Plan until the next Board of County Commission meeting on September 2.
REPORTS
-
BUYOUT
OF PRINCE CONTRACTING
Ms.
Melanie Marsh, Deputy County Attorney, mentioned that she provided the Board
with some information about Prince Contracting regarding the contract they
entered into with them in May of 2007 to develop the
Commr. Cadwell commented that the one project they had with Prince Contracting was over 70 percent complete.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board placed this item on the Agenda.
On a motion by Commr. Stivender,
seconded by Commr. Renick Hill and carried unanimously by a vote of 5-0, the
Board approved the assignment of the
REPORTS
– COMMISSIONER RENICK – DISTRICT 2
ADDENDUM
NO. 1-I
LETTER
OF SUPPORT FOR PROMISE RANCH
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved sending a letter of support for granting a conservation easement for the 1,500 acre parcel of land known as “Promise Ranch” located near Umatilla.
Commr.
Renick brought up a
Mr.
Gregg Welstead, Conservation and Compliance Director, further explained that
the
Commr.
Renick asked the Board to give Mr. Welstead permission to work with the Water
Alliance and the League of Cities in going forward with the rule amendment
process with the
Commr. Stivender clarified that this item was requesting that they back the cities up on this issue and commented that as long the cities wanted the County to assist them, she had no problem with that.
Mr.
Welstead stated that during the last Water Alliance Board meeting, the
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to add this issue to the Agenda.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to give Mr. Welstead direction to contact the Water Alliance and the League of Cities and pursue amending the St. Johns rule regarding domestic self-supply.
DISCUSSION OF CITIZEN COMMENT
REGARDING EMPLOYEE SERVICES
Commr. Renick inquired whether they should have a workshop regarding Mr. Lee Johnson’s comments from last week’s Board meeting during the Citizen Question and Comment Period about the possible initiation of an audit of the Office of Employee Services. She commented that she did not think much of it rose to a level of concern, but she had a question about a couple of things in his notebook.
Commr. Cadwell stated that he had been talking to the County Manager, County Attorney, and Clerk of the Court, and they would be getting together in the near future to decide on a plan and a timetable regarding what their alternatives were.
REPORTS – COMMISSIONER STEWART –
DISTRICT 4
IRRIGATION OF YARDS
Commr. Stewart mentioned that she wanted to remind everyone to check their irrigation systems, because she saw several yards being watered on her way to the BCC Meeting today, even after all of the rainfall the area received from Tropical Storm Fay.
WORKSHOP TO DISCUSS REZONING
GUIDELINES
Commr. Stewart asked if they should perhaps have a workshop to discuss the issue that came up earlier during the rezoning agenda regarding Mr. Walsh’s property, Rezoning Case No. PH#21-08-4. She thought they should consider water availability when rezoning property for greater densities.
Commr. Cadwell commented that there would have to be wording in the LDR’s to allow them to legally deny those kinds of requests and that the opportune time to look at those would be during the review of the new Comp Plan and the accompanying LDR’s. He also pointed out that currently not many people were coming forward with those kinds of requests.
Commr. Renick suggested possibly referencing the domestic self-supply study when that time came and thought that they needed to talk about this issue more.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK