A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
January 24, 2012
The Lake County Board of County Commissioners met in regular session on Tuesday, January 24, 2012 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: Leslie Campione, Chairman; Jennifer Hill, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Niki Booth, Office Associate V, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Gray mentioned that there was an addendum on the County Manager’s Consent Agenda regarding the Business Opportunity Center in South Lake.
Commr. Campione requested a postponement for Tab 19, the discussion and public hearing on the Sorrento and Mount Plymouth proposed Community Redevelopment Area (CRA), to give her the opportunity to go back out into the community to get input and answer questions in order to clear up some of the misunderstandings. She explained that a flyer was mailed out to all of the residents in the Mount Plymouth area that suggested that the CRA was being established to funnel money to private developers and that it would raise taxes in that area. She added that typically a CRA was established first and then a development plan was put in place and she suggested that they reverse that so that they could put the community’s concerns and the items they were interested in addressing into the plan up front before the CRA was established. She expressed that since there was a lot of speculation, she would rather speak with the community first and then bring it back to the Board to see whether they wanted to proceed with the CRA.
Commr. Conner commented that he supported the postponement, but he felt the Board needed to have a discussion about CRA’s and whether or not they supported them before sending a commissioner back into the community.
Commr. Campione noted that she tried to contact all of the individuals that sent an email or made a phone call to her letting them know that she would be requesting a postponement for the CRA discussion and that she felt that the Board would honor her request.
Mr. Darren Gray, County Manager, stated that they could add the discussion to one of the regular meetings in February.
The Chairman opened the public hearing regarding the postponement of Tab 19.
Ms. Jean Etter, a resident of Mount Plymouth, commented that she appreciated the postponement and also requested that the Board make everyone aware of the date of the workshop so that the residents in the Mount Plymouth area could attend to get a better understanding of a CRA.
Mr. Kinney Harley, a resident of Mount Plymouth, stated that the findings that were posted were very incorrect and he hoped that the Board would look carefully at them before they made any judgments.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved for the postponement of the public hearing regarding the Mt. Plymouth-Sorrento Community Redevelopment Area (CRA) so that they could hold a Board discussion on CRA’s before holding a public hearing.
citizen question and comment period
No one wished to address the Board.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Minutes of December 13, 2011 (Special Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
Mr. Neil Kelly, Clerk of Court, informed the Board that the Clerk’s Office had entered into an agreement with BB&T for banking services. He recalled that the Clerk and the Board accounts had been with Wachovia and since Wachovia was purchased by Wells Fargo, they were told that they had to start paying the FDIC charge, which would amount to approximately $80,000 per year, and they would need to make changes to the accounting system to migrate from Wachovia to Wells Fargo. He stated that they decided to send requests for proposals to all of the banks in the County and they then formed a selection committee to review the five responses that were received. He noted that they short listed the banks to BB&T, Suntrust and TD Bank and the committee determined that BB&T was the best choice based on the cost, the interest rate on excess funds, the ability to provide the banking services that the County needed, the number of banks in the County for service, and because there was not a FDIC expense. He added that they were transitioning to BB&T now and that there would be a period of overlap between the banks.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 2, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Internal Audit 2012 Annual Audit Plan
Request for approval of the 2012 Annual Audit Plan from the Internal Audit Department of the Lake County Clerk of the Circuit Court.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 13 and Addendum No. 1-IA as follows:
Community Services
Request for approval and signature on the FY 2011-2012 Community Development Block Grant (CDBG) agreement with the City of Tavares, in an amount not to exceed $52,500.00 (from CDBG Fund), for the St. Clair Abrams Avenue Sidewalk Project. The fiscal impact is $52,500.00.
Conservation and Compliance
Request for authorization to fill one (1) vacant Animal Shelter Technician I position within the Conservation and Compliance/Animal Services Division. (Fiscal impact is $34,526.)
Public Resources
Request for approval of the Minneola Athletic Complex Conceptual Plans. Request approval to prepare design and construction bid documents for the construction of sports fields and support facilities at the Minneola Athletic Complex. Request approval to construct park improvements in phases and as funding becomes available. The fiscal impact in FY2012 is $500,000.
Public Safety
Request for approval of the attached contract and revenue Resolution No. 2012-9 to accept grant funding from the Florida Department of Economic Opportunity, CDBG Disaster Recovery Grant Program, for the purpose of implementing a disaster recovery project as a result of Tropical Storm Fay, 2008. The grant award is supplemental funding to install a generator and related infrastructure at Spring Creek Elementary School in Paisley, to allow the facility to have electrical redundancy and make it a primary shelter during times of emergency.
Public Works
Request for approval of an extension to the development’s Preliminary Plat approval by two years. Rubi Shores consists of 14 lots and is located in Section 6, Township 19 South, Range 26 East. Commission District 4. There is no fiscal impact.
Request to approve the Budget Change Request from Landfill Operations to Recycling Operations. There is no fiscal impact.
Request for approval and signature of Resolution No. 2012-7 to Advertise Public Hearing to vacate tracts and right of way from the plat of Monte Vista Park Farms in PB 2, PG 27, located in the Clermont area. No fiscal impact. Commission District 2.
Request for approval and signature of Resolution No. 2012-8 to advertise Public Hearing to vacate right of way and easement (19-19-27) in the Eustis Area - Commission District 4. No fiscal impact.
Request for authorization to fill four (4) positions in Public Works/Road Operations Division: three (3) Road Maintenance Operator positions at each of the three Maintenance Areas and one (1) Sign and Striping Technician I position in the Traffic Operations Section. (The total fiscal impact for these four positions is $139,354.)
Request to approve and accept the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects. Commission Districts 1, 4, 5. No fiscal impact.
Request to advertise for bids for Lakeshore Boulevard and #2837 East Revels Road at an estimated cost of $919,000, ($813,000 from Road Impact Fees Benefit District 4 Infrastructure-Construction and $106,000 from Sales Tax Infrastructure-Construction.) Commission District 1. Fiscal Impact is estimated $919,000.
Facilities Development and Management
Request for approval of Derelle, Inc.’s change order request in the amount of $14,995.40 to provide fire safety construction improvements to the Business Development Center/Tourist Welcome Center Improvement Project.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 14 through 16 as follows:
Request for approval of letter of renewal for leased space for the Tax Collector located at 194 N. Highway 27, Suite A, Clermont. Fiscal Impact: $19,060.00.
Request for approval of Amendment to Lease Between Lake County and Bulldog Investments for space for the Public Works Department located at 437 Ardice Avenue in Eustis (fiscal impact $45,000 - expenditure).
Request for approval of Agreement for Sale and Purchase for property located at 13431 Ohio Street in Astatula for a fire station; authorization for the Chairman to sign all closing documents and approval of a Budget Change Request transferring funds from Fire Impact Fee Fund Reserve for this purchase.
PUBLIC HEARINGS: REZONING
Mr. Brian Sheahan, Planning and Community Design Manager, pointed out that the case for MSP #12/1/1-4, Dan Cordle, Professional Dirt Service Mining Site Plan, had been continued to the March 27, 2012 hearing, but there were no other changes to the agenda.
REZONING CONSENT AGENDA
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. Parks, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2012-6
PH #4-12-2
Bethesda Lutheran Home Communities, Inc.
Keoppen, LLC
Keoppen Rezoning
Request to create a new Community Facility District (CFD) zoning district on approximately 6.133 acres of property for community residential home, assisted living facility (ALF), and church/religious uses.
Tab 2. Ordinance No. 2012-7
PH #2-12-2
Johns’ Lake, LLC/James H. Fant
Johns’ Lake Landing PUD
Request to amend Ordinance #2005-95 to add a 71 unit Assisted Living Facility (ALF) as a community facility use, remove the age-restricted development requirement, and reduce the number of dwelling units in the Planned Unit Development.
rezoning regular agenda
CUP #11/9/1-5 – tammy fisher hobbs/shabam’s pets
Ms. Jennifer Cotch, Environmental Specialist, explained that Ms. Tammy Fisher Hobbs, the applicant and owner, had applied for a conditional use permit (CUP) to have a kennel on agriculturally zoned property and that she was requesting the CUP to make her business, Shabam’s Pets, which was an online puppy supplier, in compliance with the County’s rules and regulations as a result of an investigation conducted by Animal Services. She noted that the property was located along Cooter Pond Road and Roger Dale Lane in the Lake Mack area. She related that when Animal Services first visited the property, the applicant had approximately 60 animals on the property and it was documented that they were in poor living conditions. She then showed pictures of the property and the kennels and pointed out that there were three kennels on top of each other and staff was going to recommend that there be no more than 2 kennels on top of each other. She stated that Animal Services had gone back out to the property to check the status and to investigate other complaints and it was noted that there were approximately 80 animals on the property. She noted that the structures that housed the animals were located approximately 30 feet away from Roger Dale Lane and according to chapter 3 of the Land Development Regulations (LDR), a 200 foot setback was required to house animals. She mentioned that the applicant would have to obtain a variance in order to keep the kennel structures in their current location if the CUP was approved. She then showed the concept plan provided by the applicant and pointed out that the width of the property was a total of 330 feet and that there was no possible way that the property could maintain a 200 foot setback from all property lines. She added that the property was not fenced and staff had noticed that some of the animals had been able to get off the property and roam. She explained that chapter 3 of the LDR’s also required conditions that limited the number of animals and it addressed the impacts from animal noise, odor and anything else that could affect adjacent property owners. She pointed out that the applicant had not indicated how she planned to meet those requirements. She noted that although the applicant indicated that the business was online sales, the CUP approval could lead to potential puppy buyers coming to the property and specified that the road was a dirt road and was not County maintained. She related that they placed conditions in the draft ordinance that limited the maximum number of animals on the property to no more than 30, and it required cleaning of the kennels every day as well as protection of the animals from adverse weather conditions. She stated that the request was consistent with the future land use map and the comprehensive plan allowing kennels to be on agriculturally zoned property, but it was not consistent with the LDR’s that required a 200 foot setback for kennels and it was not consistent with suitable noise mitigation or potential impacts to adjacent property owners. She noted that for those reasons, staff was recommending denial of the CUP request; however, the Zoning Board recommended approval with a 3-1 vote.
Commr. Conner asked for an explanation of the difference between poor living conditions and abuse.
Ms. Marjorie Boyd, Animal Services, stated that abuse could be physical or mental and that poor living conditions could be described as confinement or the area in which the animal lived.
Commr. Campione asked whether poor living conditions could be considered as abuse.
Ms. Boyd replied that it depended on the circumstances in the environment in which the animals lived.
Mr. Minkoff added that there were two Code provisions and one was neglect and the other was abuse, so it would be dependent upon the degree.
Ms. Tammy Fisher Hobbs, the applicant, expressed that the pictures that were shown were misleading and explained that her property did not look like that now and that there were only 44 animals and not 80 on her property. She noted that a few of the dogs were her pets and had been spayed or neutered and that none of her dogs had ever left the property. She related that she had complied with the requirements of getting rabies shots and having their nails clipped and commented that Animal Services visited her property again last week and noted that everything was clean and seemed perfect. She explained that she did sell the dogs on a website and that she would usually ship the dogs to anywhere in the United States because as it was noted, the road she lives on was almost impossible to drive on. She added that selling those dogs was her only form of income because of medical problems.
Commr. Conner asked whether she planned to make her home a retail establishment and if people would be coming to her property to purchase animals.
Ms. Hobbs answered that since it was difficult to get down their road, she would usually meet the people somewhere else. She then asked for clarification on the setback requirements because she thought there only had to be a 170 foot setback.
Ms. Cotch clarified that there was a 200 foot setback requirement from all property lines when housing animals. She added that perhaps the applicant misunderstood when it was stated that she was missing 170 feet because she was 30 feet off of the property line.
Commr. Campione asked whether the runs that were outside were used for overnight housing.
Ms. Hobbs replied “No,” and added that none of her animals were outside. She noted that the animals lived in a building similar to a house because it had air conditioning, heating, insulation in the walls and a concrete floor.
Commr. Parks expressed his concern about the 200 foot buffer and stated that a 30 foot difference was substantial and that there seemed to be no way to move the building to comply.
Ms. Cotch stated that was correct, but with a variance the applicant could show a hardship.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Conner asked whether any of the neighbors objected.
Ms. Cotch stated that Growth Management had not received any letters of objection or any phone calls; however, there had been separate anonymous complaints to Animal Services.
Commr. Cadwell opined that they needed to base their decision on the LDR’s because it could be an emotional time when dealing with animal issues. He noted that while there were not any neighbors complaining now, there could be people in the future that may not want to live next to that property. He added that they were adamant when establishing the setbacks with kennels and he felt that the variance would not be granted. He expressed that he was not in favor of granting the CUP.
Commr. Campione asked how the living conditions were at the most recent inspection.
Ms. Boyd replied that the applicant was down to 44 animals as of January 9 and that the living conditions had greatly improved with the reduction of animals.
Commr. Campione stated that she was very sympathetic because the business was the applicant’s livelihood and it was very important to her, so she asked staff to meet with the applicant to try to find a solution so that she could stay in operation and the CUP could be reconsidered at a later time.
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board denied Rezoning Case CUP #11/9/1-5 from Tammy Fisher Hobbs, owner of Shabam’s Pets, requesting a Conditional Use Permit (CUP) in the Agriculture (A) Zoning District to allow a kennel.
ph #3-12-3 – summers rezoning
Ms. Cotch stated that the applicant, Valerie C. Fuchs, Esq, and the owners, Brian and Jacqueline Summers, have requested to rezone their 16-acre property located east of the Sunnyside area and south of the SR 44 and Highway 441 intersection, from rural residential to the agricultural zoning district. She noted that the parcel was located in the rural future land use category, which had a maximum density of 1 dwelling unit per five acres, and rezoning the property to agriculture would put the property in compliance with the future land use. She added that staff was recommending approval of the request and the Zoning Board also recommended approval with a 4-0 vote.
Ms. Valerie Fuchs, the applicant, addressed the Board stating that the rezoning request from her clients was to come into compliance with the Lake County Comp Plan so that they could enjoy the rural lifestyle that they had been living for the past 30 years.
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. Conner, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-8 and Rezoning Case PH #3-12-3 from Bryan K. & Jacqueline A. Summers and Valerie C. Fuchs, Esq., requesting to rezone a 16-acre property from Rural Residential (R-1) to Agriculture (A) to conduct general agricultural uses.
cup #11/11/1-3 – shoup acres truckyard
Mr. Steve Greene, Chief Planner, explained that David and Gerry Shoup, the owners, and Jimmy Crawford, the applicant, were requesting a conditional use permit in agricultural zoned property to allow for an agricultural truckyard. He noted that the property, which was south of CR 48 in Yalaha, was approximately 10 acres in size and was bordered by rural and rural transitional future land uses on all four sides. He stated that the property contained an existing shop building and that there were current truckyard activities being conducted on the property. He added that truckyard activities were an allowable use in agricultural zoned property, but a CUP was required to limit the truckyard activity for citrus and produce transporting operations. He related that the proposed use was compatible with the low density rural residential uses in the area and that the area was predominately undeveloped with very limited commercial uses. He mentioned that the CUP would impose conditions to minimize impacts on adjacent properties, such as setbacks, landscaping, buffering, screening and the hours of operation. He noted that the proposed use would not have any adverse impact or pose additional demands on public facilities since the property was currently being served by a well and added that the town of Howey-in-the-Hills indicated that there was no central water sewage service available to that property. He related that there were fire services available within one mile of the subject property and that staff recommended approval of the CUP with conditions and the Zoning Board recommended approval with a 4-0 vote.
Commr. Campione asked whether there was a septic system on the property.
Mr. Greene replied that there was not because there was not a residential home on the property. He added that they used a port-a-potty facility.
Mr. Jimmy Crawford, Attorney representing the Shoups, clarified that the port-a-potty was serviced regularly on a contract. He then explained that the building on the property used to be utilized more, but there were not many people out there at that time. He stated that the agriculture use had been there since 1989 when the Shoup brothers bought the property and noted that it would be much less intensive now. He related that they agreed with all of the staff conditions and pointed out that the ordinance required them to flag the wetlands, but he would like to propose that they also flag 50 feet from the wetlands since that would be the operative distance for not getting the trucks or the equipment any closer. He stated that the ordinance also required having a site plan approval and wanted to know if it was truly necessary since they would not be building anything on the site. He added that it would cost over $4,000 for the site plan approval and after talking with staff about it, he was told that the Board had the power to waive that requirement. He stated that the ordinance required all of their operations to be consistent with their conceptual plan and noted that if they wanted to build anything on the site in the future, a site plan approval process would be triggered.
Mr. Minkoff pointed out that the County Manager had the ability to reduce or waive fees when a review was not necessary and suggested that the applicant work with the County Manager to try to reduce those fees. He commented that staff most likely wanted to have the site plan so that they had something to refer to when they inspected the property in the future.
Mr. Crawford stated that they were fine with that recommendation.
Mr. Gray noted that he would review the application with staff to determine what was really needed and how much time it would take staff to complete it.
Mr. Greene mentioned that there were various site plan application fee requirements and they could discuss the fees for a minor site plan with the applicants.
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. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-9 and Rezoning Case CUP #11/11/1-3 from David & Gerry Shoup and Jimmy Crawford requesting a Conditional Use Permit in the Agriculture (A) Zoning District to allow a truckyard with the additional condition of flagging 50 feet from the wetlands.
ph #21-11-1 – avalon groves pud
Commr. Campione disclosed that, although she did not currently have a business relationship with the owners of the property, she had represented the owners in the past so she would recuse herself from voting on the item.
Mr. Greene stated that the PUD rezoning request was for approximately 986 acres of agricultural zoned property to accommodate a mixed use development of residential, commercial and institutional land uses. He added that the property sits to the east of the Sawgrass Bay subdivision and west of the Orange County line in South Lake County and that the applicant proposed to use traditional neighborhood design principals to develop the property for approximately 1,659 dwelling units, 350,000 square feet of commercial and 175,000 square feet of institutional uses. He noted that the request would also require the revocation of CUP #933-3 because the property was originally approved for a trailer park and campground but it was currently vacant. He explained that the northern part of the property had a rural transition future land use, which allowed a maximum of one dwelling unit per five acres, and the southern half of the property had an urban low future land use, which allowed a maximum of four dwelling units per acre. He stated that the request was consistent with the open space provision of the LDR’s and it would establish a minimum of 50 percent open space to the north and at least 25 percent open space to the south. He related that the request was also consistent with the buffering requirements adjacent to agricultural zoning and that the ordinance required a 50 foot buffer along the perimeter to minimize impacts to the surrounding agricultural land uses. He noted that the proposal included wetland density credits for 90 dwellings and the proposed rezoning would allow for the creation of nodes indicative of a neighborhood core, a neighborhood proper and neighborhood edge characteristics. He mentioned that Utilities Inc. would provide sewer and water service to the property and that the proposal was consistent with the land use densities of the Sawgrass Bay subdivision to the east and the Citrus Highland and the Eagle Ridge subdivisions that abut the property on the southwest. He stated that the applicant would be required to submit a traffic study based on construction and site plan approval of the 501st residential lot or 50,000 square feet of commercial development. He added that there were also provisions that would require a full traffic signal at the intersection of US 27 and Sawgrass Bay when warranted and right-of-way dedication to facilitate the development of the Sawgrass Bay extension. He noted that the request would have adverse impacts on the local schools, so there were provisions in the ordinance regarding school concurrency prior to the final plat. He mentioned that they submitted the application request to Orange County and received comments back regarding transportation impacts and also noted that staff received an email that morning from a neighbor with concerns of the project. He pointed out that because of a scrivener’s error in the ordinance on page 11 under section I, Transportation Improvements, staff would like to add the word “non-residential” after 50,000 SF in the first paragraph. He related that staff and the Zoning Board recommended approval of the request.
Commr. Hill commented that that was the second item on the agenda that day where she noticed that the School Board member had not been present at the Zoning Board meetings. She added that it was really important that the School Board member attend those meetings to voice their opinion, especially when it related to school concurrency. She pointed out that when she was chairman, she stressed to the School Board how important it was for that member to attend those meetings and suggested they discuss the matter with the School Board again.
Commr. Conner noted that the School Board member had been chronically absent at those meeting and opined that was unacceptable. He suggested that they send a formal letter to the chairman of the School Board asking for a replacement.
Commr. Campione stated that in order to move on with the current zoning case, they needed to bring the issue back up under Reports to further discuss it.
Commr. Parks mentioned that he wanted to see in the developer’s agreement that the mass gradings were done across the site and on the road that was being proposed so there would not be any additional infrastructure costs.
The Chairman opened the public hearing.
Mr. T.J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (MPO), commented that he was looking forward to the developer’s agreement because that roadway connection was in the MPO’s adopted needs plan, but they could not make that project cost feasible. He added that when the developer’s agreement came forward, the MPO would then be able to add it to the program.
Ms. Eliza Harris, Planning Consultant with Canin Associates, speaking on behalf of the applicant, stated that they were pleased to get a recommendation of approval from staff and the Zoning Board and wanted to thank staff for their efforts in making sure the application was complete and addressed all of the concerns that they could foresee. She noted that they had been involved with the Orange-Lake Transportation Task Force and were looking forward to making a connection to Orange County. She mentioned that the mass grading issue was something that was brought up in discussions with staff and although it would be addressed in the developer’s agreement, it was on their radar.
Commr. Conner pointed out that he wanted assurance that there was a full commitment to keep the project as a mixed use development. He added that he wanted to make sure that the applicant did not come back to the Board asking for a postponement of the commercial or industrial components of the project after the residential part started.
Ms. Harris explained that the intent of the application was to have a mixed use development because from an economic standpoint, it was to her client’s benefit to have as much commercial as possible. She noted that they had a much larger threshold for commercial development than the minimums that were required. She further stated that the Orange-Lake Task Force also had an economic development component so they hoped that some of that would result within their project.
Commr. Parks asked whether Ms. Harris and the applicant were aware of the sector planning process that was underway and if they were committed to being a part of that.
Ms. Harris answered “yes.”
Ms. Nancy Fullerton, a resident of Clermont, speaking on behalf of the Alliance to Protect Water Resources, addressed the Board stating it was hard to imagine the Board approving a large residential and commercial development without having the sector plan in place. She expressed her concerns about water concurrency and about adding more developments in South Lake and hoped that the Board would deny the request until more planning was done.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved Ordinance No. 2012-10 and Rezoning Case PH #21-11-1 from Chuck Piper/Hearthstone, LLC requesting a Planned Unit Development (PUD) zoning for approximately 986 acres of Agriculture (A) zoned property to accommodate a mixed use development of residential (1,659 dwellings), commercial (350,000 square feet) and institutional (175,000 square feet) uses with the additional language of “non-residential” after 50,000 SF in the first paragraph of section I, Transportation Improvements, on page 11 of the Ordinance in order to correct a scrivener’s error.
Commr. Campione refrained from voting due to a conflict of interest.
RECESS AND REASSEMBLY
The Chairman announced that there would be a ten-minute recess at 10:31 a.m.
public hearings
ordinance for allowing limited agricultural crops in
industrial zoning
Mr. Minkoff placed the proposed ordinance on the floor for its second and final reading by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, SECTION 3.01.03, ENTITLED "SCHEDULE OF PERMITTED AND CONDITIONAL USES", TO ALLOW THE PRODUCTION OF LIMITED AGRICULTURAL CROPS IN INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Parks stated that he supported the ordinance but his only concern was that there were other agricultural uses that could be consistent within the industrial zoning; however, he knew that was something they would have to address in the future.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-4 amending the Land Development Regulations, Section 3.01.03, entitled “Schedule of Permitted and Conditional Uses” to allow the production of limited agricultural crops in Industrial Zoning Districts.
ordinance for enacting a temporary moratorium on internet
cafés
Mr. Minkoff placed the proposed ordinance on the floor for its second and final reading by title only, as follows:
an ordinance of lake county, florida relating to simulated gambling establishments; providing for a purpose and adopting findings; providing definitions; imposing a temporary moratorium on the acceptance of applications for, the processing of, and the issuance or approval of any business tax receipt, zoning clearance, rezoning, permit, conditional use permit, site plan or any other official action of lake county permitting or having the effect of permitting the construction and/or operation of new simulated gambling establishments; providing for existing businesses; providing for an effective date and duration; providing for geographic area covered; providing for severability; and providing for filing with the department of state.
The Chairman opened the public hearing.
Mr. Paul Richardson, a resident of Clermont, expressed concerns about the ordinance stating that he considered internet cafés to be coffee shops that provided wireless internet to customers. He added that those kinds of businesses were around in the late 1990’s and early 2000’s and he hoped that placing a moratorium on internet cafés would not stifle those businesses should they recur.
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, expressed concerns about the ordinance stating that he understood the rationale of placing a moratorium on internet cafés, but he felt that by doing so, they would create unintended consequences of limiting competition and protecting the profits of the existing owners of those businesses.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2012-5 enacting a temporary moratorium on new simulated gambling establishments, commonly known as “Internet Cafés.”
presentations
sponsorship funding for the 16th annual leesburg bikefest
Mr. Joe Shipes, Executive Vice President of Leesburg Partnership, addressed the Board stating that the Leesburg Partnership was a not-for-profit organization that was started in 1994 with the goal of revitalizing the community socially, economically and historically. He noted that they were the visionary organization for the City of Leesburg and pointed out that they were involved with the downtown streetscape, the beautification of Highway 27 and 441, and a city-wide way finding system to help direct people in the community. He related that their budget was about $50,000 when they first started and now their gross budget was $1,446,278. He explained that they host over 28 events annually and that those events drew thousands of people to Leesburg each year. He stated that their flagship event was the Leesburg Bikefest and they considered it to be the largest four day event in the Country. He noted that they had eight stages with over 50 acts throughout the weekend, over 250 vendors, dozens of expos and shows, and they estimated approximately 300,000 attendees. He reported that the cash revenue for the event was over $1.2 million last year and every hotel room in Lake County and surrounding counties were booked. He pointed out that they marketed the event through print media and broadcast media and they were working on expanding that through using the internet. He added that they had a Facebook page and used YouTube to post videos of the event. He also mentioned that they had a live TV feed during the entire weekend and produced a show that ran 24/7 on the internet. He stated that they were estimating the economic impact to be about $30 million. He then discussed the amount of money that they were seeking and explained that they wanted to do their first ever economic impact study and planned to spend about $10,000 for that. He noted that the implementation of the Touch Poll survey to determine the demographics of the participants would cost about $3,750 and added that they wanted to increase their advertising by $30,000 to help promote Bikefest as a family-friendly event and wanted to increase the social media by $10,000. He mentioned that since the amount of national reporters coming to Bikefest kept increasing, they wanted to create a media center for those reporters that would have internet access. He concluded the presentation noting that they were planning to spend $61,750 for the added promotional efforts and they were asking for a contribution from the Tourist Development Council (TDC) for $31,000.
Commr. Hill commented that this was the first time they were shown a presentation before TDC funds were actually expended. She then asked if the Board could get a list of events that had been approved in the past.
Mr. Gray explained that they created a model for TDC fund requests so that they had a consistent measure in determining how to distribute those funds. He mentioned that he would be able to provide a list of previously approved items using TDC dollars and he planned to meet with each commissioner individually to discuss the model.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the sponsorship funding for the 16th Annual Leesburg Bikefest in the amount of $31,000 and authorized the County Manager to sign the sponsorship agreement with Leesburg Partnership.
enterprise zone interlocal agreements
Ms. Amye King, Growth Management Director, addressed the Board stating that she would be discussing a request for approval of an Interlocal Agreement with the cities of Eustis, Leesburg and Mascotte. She explained that the State granted approval of the Strategic Plan on December 29, 2011 with the recommendation that the County enter into intergovernmental resolutions supporting the enterprise zone. She specified that those resolutions would be heard by the cities at the end of February. She then discussed their next steps noting that letters would be sent to the city managers requesting recommendations of at least four city representatives to the Enterprise Zone Development Agency (EZDA) within 30 days and that two of those people be appointed to the EZDA, with the remaining five members as at-large. She added that the appointments and the applications would be brought before the Board in March. She explained that the EZDA should be comprised of representatives from the local chamber of commerce, financial or insurance entities, residents residing within the area, non-profit community-based organizations within the area, local businesses within the area, the regional workforce board, local code enforcement agencies and the local law enforcement agency. She stated that they were requesting that the Board adopt the Interlocal Resolution with the cities which specified that the cities concurred with the Enterprise Zone Strategic Plan and they agreed to work cooperatively with the County.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to enter into an Interlocal Agreement with the cities of Eustis, Leesburg and Mascotte, in order for the cities to concur in the Enterprise Zone Strategic Plan and consent to the operation of the Enterprise Zone Development Agency within the incorporated areas. Also, to request nominations from each City for the Enterprise Zone Development Agency (EZDA) and request applications for members to represent unincorporated County. Staff recommends at least two members from each City on the EZDA.
intergovernmental coordination
Mr. Jim Stivender, Public Works Director, stated that they wanted to give the Board an update on the intergovernmental coordination efforts that had taken place over the past year regarding the roads and the Interlocal Service Boundary Agreement. He recapped that they made a Road Transportation Funding presentation to the Board on April 12, 2011 where they discussed the formula for the roads and the transfer of roads, at which point they noted that there were 51 percent or more of local roads located within the city limits. He related that the 30 year timeframe for the existing six cent local option gas tax would be expiring within the next few years and it would require a 4/5 vote from the Board during January 1 through July 1 of the expiration year for renewal. He explained that the current formula for the six cent local option gas tax had 67.4 percent going to the County and 33.6 percent going to the cities and specified that the percentages were based on data during the period of 1979 and 1983. He added that they wanted to change the formula and reallocate those percentages so that as Lake County changed over the years, the funding and responsibility of roads would shift accordingly. He noted that based on the 2010 population and road miles, 56.4 percent would go to the County and 43.6 percent would go to the cities. He also mentioned that the State statutes gave a bigger percentage to the County, but they wanted to be fair to all of the cities. He stated that staff had met with all of the cities to discuss the details of the road transfers and the improvements to the roads and noted that they were looking at roughly $8 million to update the roads throughout the County to bring them to an acceptable standard before transferring them. He added that they planned to have the draft agreements to each of the cities by July and hoped to bring the final agreements back to the Board by January 2013.
Ms. Amye King, Growth Management Director, continued the presentation and noted that since the last briefing in January 2011, there had been some changes to the Interlocal Service Boundary Agreement (ISBA). She explained that the ISBA would address items such as the Land Development Regulations, E-911 addressing, water and sewer boundaries, annexation criteria, solid waste and fire hydrant commitments, sharing of equipment, and economic development; however, the ISBA would not address concurrency, road transfers, fire service and the regional park. She then showed pictures illustrating areas of land that overlapped between Minneola, Groveland and Clermont; unclaimed land between Mascotte and Groveland; as well as parcels of land that Groveland and Leesburg would like to annex. She stated that staff’s next steps were to continue to work with the cities and to invite the City of Tavares and any other newly affected parties to a work session to discuss boundary revisions. She added that they also wanted to analyze areas of non-contiguous annexation requests that could potentially create enclaves and prepare a recommendation for the Board to review.
Commr. Hill mentioned that some of the smaller cities had concerns about not being able to maintain the roads that would eventually be transferred to them and she asked if those cities could opt out of the program.
Mr. Stivender replied that they had discussed those options, but nothing was finalized yet. He added that they may not have agreements with every city, so there would not be any transfers within those cities and the capital improvements to those roads could be postponed.
Commr. Parks asked if there were any specifics on the economic plan for the US 27 corridor.
Ms. King stated that they were still discussing how to open up opportunities rather than restrict anything, but there had not been any advancement regarding the LDR’s or the comp plan amendments.
vanpool program and discussions with lynx
Mr. Gray recalled that LYNX had drafted a letter to send out to all of the vanpool participants stating they would end the program due to lack of funding and because of the strong stance that the Board took about investigating the costs with the program, it prompted LYNX to take a step back and reevaluate the program.
Ms. Dottie Keedy, Community Services Director, explained that they had a conference call with LYNX and the Department of Transportation and reported that it was a very good discussion. She noted that LYNX sent the County some numbers last week and they were still reviewing that information and were waiting to hear back from LYNX on a few questions they had. She stated that they hoped to bring some information to the Board at the next meeting, but in the meantime, LYNX decided they would not send out those letters or end the service and they were willing to continue the discussion.
other business
appointment to the lake county arts and cultural alliance
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Nancy Zinkofsky, representing the City of Mount Dora, to the Lake County Arts and Cultural Alliance to complete an unexpired two-year term ending July 31, 2013.
reports – county attorney
moratorium on pain clinics
Mr. Minkoff stated that the moratorium on pain clinics would expire at the end of February, so he planned to bring back an ordinance for approval to advertise to extend that for an additional six months so that they could see what would happen during the legislative session before they decided to take any action.
reports – county manager
lake county days and fac legislative day
Mr. Gray reminded the Board that next Tuesday, January 31 was Lake County Days and that FAC’s legislative day was on Wednesday, February 1 in Tallahassee.
REPORTS – COMMISSIONER HILL – vice-CHAIRMAN AND DISTRICT 1
picciola bridge grand opening
Commr. Hill mentioned attending the grand opening of the Picciola Bridge and that it was well attended by the citizens.
reports – commissioner parks – district 2
martin luther king day celebrations
Commr. Parks noted that he attended the Martin Luther King Day parade in Leesburg as well as the Martin Luther King Day celebration in Clermont and that Clermont planned to make that an annual event.
reports – commissioner conner – district 3
mpo meeting
Commr. Conner stated that he would be unable to attend the MPO meeting tomorrow night due to a family commitment.
resolution for the lake county shrine club
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2012-6 commending the Lake County Shrine Club for its humanitarian efforts.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
attendance issue at zoning board meetings
Commr. Campione explained that she would send a letter to the Chairman of the School Board in regards to the attendance issue of the School Board member on the Zoning Board.
school board meeting
Commr. Campione mentioned that there was a discussion about impact fees at the School Board meeting last night and they planned to have a full discussion at their next meeting on February 6. She suggested that they have a tentative meeting time already set up with the School Board to discuss their recommendation on the impact fees. The Board decided to wait until after the February 6 meeting to schedule a meeting with the School Board.
conceptual financing plan for the wekiva parkway
Commr. Campione noted that Metroplan had approved the conceptual financing plan for the Wekiva Parkway and that the design build would be started in the fall. She added that she would like for a representative from the Expressway Authority and DOT to make a presentation to the Board.
flavored tobacco products
Commr. Campione stated that she was visited by health department officials about the possibility of adopting a resolution that would urge tobacco retailers to stop the sale and marketing of flavored tobacco products.
navigation through the dora canal
Commr. Campione related that the antique boat festival was a major event in Lake County and because the motors on those antique boats were fixed props, they had problems with hitting stumps when navigating through the Dora Canal. She added that as the water levels decreased, it would become more of a problem, so she suggested that they reach out to the cities of Mount Dora and Eustis, as well as the Water Authority, to develop a strategy for removing those stumps to show that the Board recognized that was part of the overall tourism plan and economic development in Lake County.
reports – commissioner cadwell – district 5
east lake chamber of commerce annual banquet
Commr. Cadwell reported that he was asked to be master of ceremonies at the East Lake Chamber of Commerce annual banquet last week.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:53 a.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK