A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
March 27, 2012
The Lake County Board of County Commissioners met in regular session on Tuesday, March 27, 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, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Courtney Vincent, Deputy Clerk.
INVOCATION and pledge
Pastor Rick Fountain from the First Baptist Church of Tavares gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Darren Gray, County Manager, requested that Tabs 2, 3 and 4 be moved to immediately after the Agenda Update. He also asked that Tab 25 be moved to the Other Business section of the agenda to be heard before Tab 29.
Commr. Campione requested that Tab 34 also be moved to the front of the Agenda to be heard after Tab 4.
proclamations
Presentation of plaque for tobacco prevention
Commr. Parks presented Senator Alan Hays with a plaque provided by the Tobacco Prevention Network of Florida in recognition of his designation as a Tobacco Prevention Champion for 2010-2011. He stated that Senator Hays has been a great leader in educating people about the effects of tobacco use and supporting legislation to encourage tobacco prevention. He remarked that on October 28, 2011, Senator Alan Hays sponsored Senate Bill (SB) 746 which would give cities and counties the ability to have local control over smoke-free policies in parks, playgrounds, and outside city/county office buildings. He noted that the bill was not passed. He hoped that Senator Hays would sponsor a new bill next year with the same goal of tobacco prevention.
Commr. Conner requested that, before the next legislative session, the Board issue a resolution in support of Senator Hays’ work towards tobacco prevention.
Presentation of proclamation for national public health week
Commr. Campione presented a signed copy of Proclamation 2012-24 proclaiming April 2 - 8, 2012 as National Public Health Week to Lake County Health Department Administrator Ms. Donna Gregory, RN, MS.
Proclamation for American red cross month
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Proclamation 2012-25 proclaiming that the month of March 2012 shall be observed as American Red Cross Month in Lake County.
Commr. Campione presented a signed copy of Proclamation 2012-25 to Ms. Karen Zeedyk, Major Gifts Officer, who accepted the Proclamation on behalf of the American Red Cross.
Proclamation supporting house bill 7039
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Proclamation 2012-27 supporting House Bill (HB) 7039, designating that portion of State Road 44 in Lake County between U.S. Highway 441 and State Road 44/East Orange Avenue (CR 44B) near Eustis as "Captain Jim Reynolds, Jr., Road".
Commr. Campione stated that Captain Jim “Malibu” Reynolds, Jr., was a long-time resident of Eustis, a graduate of Eustis High School, and a decorated Air Force Academy graduate who was killed when his F-16 crashed during a training mission at the Nellis Air Force Base Range on August 10, 1993. She and Senator Hays, who sponsored HB 7039, presented a signed copy of Proclamation 2012-27 to Mrs. Marilyn Reynolds.
Citizen question and comment period
There was no one present who wished to address the Board.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Parks, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, as follows:
List of Warrants
Request to acknowledge receipt of 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.
Consolidated Annual Report on the Management of Water Resources
Request to acknowledge receipt of a CD Copy of the Southwest Florida Water Management District’s 2012 Consolidated Annual Report on the management of water resources.
Proposed Budget for Estates at Cherry Lake Community Development District
Request to acknowledge receipt of a copy of the proposed fiscal year 2012/2013 budget for Estates at Cherry Lake Community Development District, which is being submitted pursuant to Chapter 190, Florida Statutes. A public hearing to consider the adoption of this item has been scheduled for Monday, June 4, 2012, at 2:00 p.m. at the office of Booth, Ern, Straughan & Hiott, Inc., located at 350 North Sinclair Avenue, Tavares, FL 32778.
Audit Report for the Village Center Community Development District
Request to acknowledge receipt of a copy of the Audit Report for the Village Center Community Development District for the Fiscal Year 2010/2011.
Unclaimed Property Claim
Request for approval to file a claim for unclaimed property on behalf of Lake County. We have received notification from the Department of Financial Services that they are holding $37,550.42 in unclaimed money that belongs to Lake County. These funds are from several accounts that include vendor overpayments, refunds, credit balances, uncashed checks and other sources. We have reviewed the listing and determined based on the information given the amounts that should be returned to the Board and Constitutional Officers. The Department of Financial Services has requested that we sign and return the claim form accompanied by a written request for payment.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Gray requested that Tab 11 be pulled for a separate vote, explaining that there was the potential for a conflict of interest from Commr. Conner.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 5 through 21, pulling Tab 11 for a separate vote, as follows:
Community Services
Request for approval to continue to serve as a member of the ACCESS Florida Community Network with the Department of Children and Families (DCF), Circuit 5 and signature approval for County Manager to sign the agreement. There is no fiscal impact.
Conservation and Compliance
Request for authorization to fill one vacant Animal Shelter Technician I position within the Conservation and Compliance/Animal Services Division. The fiscal impact is $34,546.
County Manager
Request for the Board to (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
Economic Development and Tourism
Request to approve sponsorship agreement with Leesburg Partnership for the Leesburg Bikefest and authorize Chairman to sign. $31,000 fiscal impact from Resort Development Tax fund, previously approved.
Request for approval of budget transfer to fund railroad study, and authorize Chair to sign Agreement with Florida Department of Transportation for US 441 Corridor Alternatives Analysis. Fiscal impact is $107,500.
Employee Services
Request for approval of updated Employee Benefit Fund Policy LCC-41 and Charitable Campaigns Policy LCC-60. No fiscal impact.
Facilities Development and Management
Request to approve and execute continuing contracts for electrical and mechanical engineering services to TLC Engineering for Architecture, Inc. and Hanson Professional Services, Inc. in conjunction with the County’s needs. Fiscal Impact cannot be determined at this time.
Public Resources
Request for approval and signature of the "Interlocal Agreement for Water and Wastewater Utility Services" between Lake County and the City of Eustis, Florida relating to East Lake Community Park. There is no fiscal impact.
Request for authorization to fill two vacant Trades Crew Leader positions in the Public Resources Department, Parks & Trails Division. The fiscal impact is $90,402.
Request to approve and award contract 12-0210 for installation of new courts and walkway at PEAR Park to PAQCO Inc. in the amount of $102,600.
Public Works
Request for approval to advertise for bids #0854 Hartwood Marsh Road Intersection with #1254 Hancock Road at an estimated cost of $427,627.00 from Road Impact Fees Benefit District 5–Infrastructure-Construction Fund. Commission District 2. Fiscal impact is estimated $427,627.00.
Request for authorization to release a maintenance bond in the amount of $48,410 posted for Citrus Highlands Phase II. Citrus Highlands Phase II consists of 82 lots and is located in Section 23, Township 24 South, Range 26 East. Commission District 1. There is no fiscal impact.
Request for authorization to release a letter of credit for performance (landscape) in the amount of $65,021.00 posted for Hammock Reserve. Hammock Reserve consists of 40 lots and is located in Section 6, Township 23 South, Range 26 East. Commission District 2. There is no fiscal impact.
Request for authorization to fill one vacant Hazardous Waste & E-Cycling Assistant Supervisor position within the Department of Public Works, Solid Waste Division. Fiscal impact is $49,522.
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. No fiscal impact, Commission Districts 1, 2, 5.
Request to approve and execute a Right of Entry Agreement to allow Lake County to perform soil borings for possible clay pit site. No fiscal impact, Commission District 1.
Construction contract with schmid construction, inc.
Commr. Conner stated that he would abstain from voting due to a possible conflict of interest from a former business relationship.
On a motion by Commr. Parks, seconded by Commr. Hill, and carried by a vote of 4-0, the Board approved the request from Facilities Development and Management for approval and signature on the construction contract between Lake County BCC and Schmid Construction, Inc, for the interior buildout of the South Lake Health Clinic, and for staff, under the direction of the County Manager, to execute all functions in support of the contract. Fiscal Impact: $306,085 (100% Grant Funded).
Commr. Conner abstained from voting.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 22 and 23 as follows:
Request for approval for Chairman to endorse checks from American Strategic Insurance (ASI) for $20,918.51 and $5,806.42 on behalf of Lake County Affordable Housing. There is no fiscal impact.
Request for approval to declare Alt. Key 1276535 as surplus for the purpose of disposal and offer for sale through the competitive sealed bid process to the highest bidder. There is no fiscal impact at this time.
presentation
early learning coalition of lake county presentation
Ms. Lesha Buchbinder, Executive Director for the Early Learning Coalition of Lake County, gave a presentation on the services the Coalition provides. She mentioned that the Lake County branch of the Coalition was one of 31 across the State of Florida. She stated that the mission of the Coalition was to ensure that all children enter kindergarten ready to learn and eager to succeed, noting that the Coalition was responsible for both school readiness programs for low income families and a volunteer prekindergarten program, which is a free program for four-year-olds. She then showed a video about the importance of school readiness programs called, “Change the First Five Years and You Change Everything.” After the video she stated that it was the goal of the Coalition for every child in Lake County to have the opportunity to have high quality early education, which has been proven to give children better developmental, academic, and life outcomes. She reported that there was currently no waiting list for the assistance the Coalition offered and there were funds available.
Public hearings
Ordinance pertaining to local vendor reciprocal match
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA CREATING SECTION 2-221, ARTICLE VII, CHAPTER 2, LAKE COUNTY CODE, TO BE ENTITLED PURPOSE; CREATING SECTION 2-222, ARTICLE VII, CHAPTER 2, LAKE COUNTY CODE, TO BE ENTITLED LOCAL PREFERENCE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND PROVIDING AN EFFECTIVE DATE.
Mr. Minkoff requested that, if the Board moves to approve the ordinance, the motion include that the current Board policy on procurement be updated to include a reference to this ordinance.
Commr. Parks mentioned that he had been contacted by the president of the Chamber Alliance who requested that an addition be made to the ordinance defining a local business as one having been in operation for at least one year.
Commr. Cadwell remarked that such an addition could potentially discourage vendors from relocating to the County. He opined that the proposed ordinance was a step in the right direction and that they should wait to see if any situations arise that would necessitate the requested addition.
Commr. Parks suggested the Board move forward with the proposed ordinance and then readdress the requested addition in the future should there be a need.
Commr. Campione agreed with Commr. Park’s suggestion.
The Chairman opened the public hearing.
There being no one present 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 vote of 5-0, the Board approved Ordinance 2012-17 creating the Local Vendor Reciprocal Match Procurement Practice and also approved the request that the current Board policy on procurement be updated to include a reference to this ordinance.
Resolution for amended budget
Mr. Steve Koontz, Budget Director, gave a presentation on the adjustments being made to the mid-year budget for Fiscal Year (FY) 2012. He stated that the FY 2012 mid-year budget adjustments were based on the audited fund balances determined by the final results of revenues and expenditures for FY 2011 and also took into consideration grant reconciliations, corrections, and unforeseen changes. He reported that the general fund reserves would change from $26.4 million to $27 million, making up approximately 22 percent of the budgeted expenditures and representing a $6.3 million decrease in the reserves balance compared to this point last year. He mentioned that the Medicaid budget had been increased $476,000 because of Medicaid reimbursements received from the Hospital Districts through December 31, 2011. He stated that the Fire Fund reserves were increased to $1.5 million, the Landfill Enterprise Fund reserves were increased by $1.9 million, and the NTC Project funding of $400,000 was in place. He also reported that a capital project fund had been created for the Emergency Communications and Operations Center to consolidate the multiple sources of funding and better track the expenditures. He requested that the Board approve the FY 2012 amended budget to include the mid-year budget amendments and to approve the resolution adopting a supplemental FY 2012 budget. He stated that the fiscal impact would be $5,330,942 and the final supplemental budget was $429,089,929.
Commr. Cadwell, Commr. Campione, and Commr. Parks each commended staff on their efforts to reduce budgets and saving money.
Commr. Campione reported that she would be meeting with each of the hospital administrators to request assistance with the Medicaid reimbursement costs through the Hospital District Tax.
Mr. Gray commented that staff was anticipating readjusting the Medicaid budget towards the end of summer if HB 5301, an unfunded mandate that would pass down the costs of disputed and inaccurate Medicaid bills to local taxpayers, is passed. He added that Medicaid expenditures were also continuing to rise, which could also add to the need to readjust the Medicaid budget.
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. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the amended FY 2012 budget to include mid-year budget amendments and approval of Resolution No. 2012-26 adopting a supplemental FY 2012 budget.
Vacation petition no. 1174 – hammock ridge road
Mr. Jim Stivender, Public Works Director, addressed the Board regarding Vacation Petition No. 1174 to vacate a portion of a perpetual grading easement along the south side of Hammock Ridge Road in South Lake County. He remarked that there had been grading issues when Hammock Ridge Road had been constructed so a grading easement had been secured along the road knowing that the easement would be vacated when the property was developed. He recommended approval.
The Chairman opened the public hearing.
There being no one present 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 vote of 5-0, the Board approved Vacation Petition No. 1174 to vacate a portion of a perpetual grading easement along the south side of Hammock Ridge Road and approved Resolution No. 2012-28. No fiscal impact, Commission District 2.
Public hearings: rezoning
Ms. Amye King, Growth Management Director, stated that the rezoning hearings were based off of the Planning and Zoning Board’s recommendations from March 7, 2012. She mentioned that the meeting had been properly advertised. She noted that they had received a timely request by the applicant to reschedule Public Hearing No. 25-10-3, the Long and Scott Farms Airstrip Rezoning Request. She stated the hearing would be postponed until the April 24th rezoning hearings and that there were no other changes to the agenda.
Rezoning consent agenda
The Chairman opened the public hearing.
There being no one present 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 vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 1. Ordinance No. 2012-18
PH#6-12-5
Sandy & Barry Hayes
Jo Ann & Larry Benton
Freedom Community Church
Request to rezone property from Rural Residential to Community Facility District for a church, pastoral retreat, office and religious classrooms.
Tab 2. Ordinance No. 2012-19
PH#10-12-2
Lake County
Clermont Baptist Church, Inc.
Request to correct a scrivener’s error in the legal description of Ordinance No. 2001-154. Ordinance No. 2001-154 will be superseded and replaced by the proposed ordinance.
Tab 3. Ordinance No. 2012-20
PH#8-12-5
Dallas Bryan & Tina Smith
Smith Rezoning
Request to change the 40-acre property from Rural Residential to Agriculture to conduct general agricultural uses.
Tab 4. Ordinance No. 2012-21
CUP#12/3/1-5
Clayton M. Reynolds
DTZ, Inc. A.K.A. Top Gun Sports
R & R Ranch
Request to amend Ordinance No. 2005-75 to grant a Conditional Use Permit in the Agriculture Zoning District for a recreational use to add All-Terrain-Vehicles in addition to the existing allowable uses.
Tab 5. Ordinance No. 2012-22
PH#7-12-3
Lake County Housing Division
Cheryl Howell
Yalaha Community Center
Request to rezone 1.2 +/- acres from Agriculture to Community Facility District Zoning District to permit the development of a community center to serve the citizens in the Yalaha Community.
Rezoning regular agenda
The Chairman suggested moving Zoning Tab 7 to be heard after Tab 8 because of the number of people in attendance who wished to speak on Zoning Tab 6 and Zoning Tab 8.
MSP#12/1/1-4 – Don Cordle/Professional Dirt Service
Commr. Campione announced that she would abstain from voting on this rezoning case due to a conflict of interest.
Mr. Steve Greene, Chief Planner for Planning and Community Design, addressed the Board regarding Rezoning case MSP#12/1/1-4, a request for a Conditional Use Permit (CUP) to include a borrow pit for clean sand and fill in addition to the construction and demolition (C&D) debris landfill authorized under a 2002 Consent Agreement. He stated that the roughly 14 acre property was located along CR 439, north of SR 44, and was categorized as Rural under Future Land Use. He noted that a 2002 consent agreement between Mr. Cordle and Lake County established that only C&D debris generated by Professional Dirt Service (PDS) and as allowed under a Florida Department of Environmental Protection permit could be accepted by the C&D debris disposal facility. He stated that the applicant was requesting to allow clean sand and fill and to accept materials from other activities other than C&D generated materials. He reported that the requested use is consistent with the Future Land Use and with the Zoning category. He noted that the 50 foot setback limit established in the 2002 consent agreement was carried forward into the new ordinance along with conditions regarding development design, landscaping, hours of operation and noise mitigation. He stated that the applicant had indicated the proposed use would generate less than 50 vehicle trips per day. He remarked that, as it pertained to public facility impacts, that use was not anticipated to generate any adverse impacts on the current local service capacity and levels. He reported that back in January the Zoning Board made a motion to forward this case to the BCC without a recommendation of approval or denial, adding that staff recommended approval with conditions as set forth in the proposed ordinance. He added that the applicant sought to amend the application to requesting borrow pit activity for public work projects and to keep the C&D debris limitations.
Commr. Cadwell, Commr. Campione, and Commr. Conner asked for clarification on what specifically the applicant was requesting because the applicant had changed their application after it had been put before the Zoning Board.
Mr. Greene clarified that the applicant was removing his request to expand the existing C&D landfill operations to include C&D debris from sources other than PDS and that the applicant was no longer requesting a mining site plan. He specified that the applicant was only asking for approval of the borrow pits for clean sand and fill to be used for public works projects.
Commr. Cadwell asked if PDS would have stay within the Wekiva area.
Mr. Greene stated that there were no limitations in the proposed ordinance but that staff had the idea of limiting PDS to 100 miles strictly within the Wekiva Study area.
Commr. Parks asked if that limitation was in the consent agreement.
Mr. Greene replied that it was not in the consent agreement or the ordinance.
Mr. Jimmy Crawford, the attorney representing PDS, addressed the Board to specify what the applicant was requesting and why it had changed from what was originally put before the Planning and Zoning Board. He stated that PDS had withdrawn the request to allow outside sources of C&D debris because of the level of disapproval from neighboring property owners. He displayed pictures of the property taken on Monday, March 26th and commented that the borrow pit was currently about 20 to 25 feet deep, there were no current erosion problems along the property, the site was completely enclosed by mature trees which created a buffer between the PDS property and its neighbors, and there were signs to indicate the boundaries of the dump site. He explained that an attempt to bring in additional revenue prompted the original request to open the C&D landfill to outside haulers. He also mentioned that PDS had been approached by people who wanted to supply dirt to public works projects such as the SR 429 expansion project and that PDS was the closest existing borrow pit to a good section of where the SR 429 expansion would be constructed. He stated that, in regards to the request for the mining site plan, he and Mr. Cordle had met with the County Attorney and County staff to discuss the issue and they had determined that there could not be a new mine in the Wekiva Study Area. He explained that was the reason why that part of the request had been retracted. He referenced the current Comprehensive Plan, Section 3.5.2, which required that the excavation of borrow pits in environmentally sensitive areas be limited to those necessary for the construction or improvements of highways and other public works projects within or near the environmentally sensitive areas. He stated that the current rezoning request was to continue to accept C&D debris generated by PDS only and for approval of the borrow pit for clean sand and fill, adding that all the protections listed in the proposed ordinance would still be observed.
Commr. Cadwell asked how long the life of the borrow pit was.
Mr. Ted Wicks, P.E., Wicks Consulting Services, replied that if the dry borrow pit was approved so PDS could service the local projects then the dirt would be out of there within a couple years. He remarked that, while the Ordinance gave a list of projects that the dirt would be taken to, it was difficult to project a timeline right now because there was no guarantee that PDS would win the contract bid for those projects. He stated that PDS would diligently pursue providing the dirt to the SR 429 expansion project.
Commr. Parks commented that a job like the SR 429 expansion project would require around 2,000 to 5,000 yards of dirt per day and estimated that delivering that much dirt would require approximately 100 round trips or more between the project site and the borrow pit. He asked if any discussion had taken place regarding how much dirt was needed for the SR 429 expansion project.
Mr. Wicks replied that all of their dirt had been requested and it would be hauled out over a very short length of time. He added that, if the ordinance was approved, PDS would be back before County staff to discuss the operations plan which would include the transportation routes from the borrow pit and a traffic management plan. He stated that currently there was no limit to the number of trips they could make, though it was estimated that there would be less than 50 trips per day and most likely only for two to three weeks. He mentioned that PDS had discussed with staff about paying for either a police officer or an officer from the Sheriff’s Office to monitor the hauler traffic and provide protection to the public.
Commr. Campione remarked that specific provisions for a two or three week period where the number of trips from PDS increased could be addressed in the transportation management plan.
The Chairman opened the public hearing.
Ms. Vanessa Oliver, an attorney with Bowen, Radson & Schroth, P.A. representing Mr. Ken LaRoe and some of the other neighboring landowners, addressed the Board in opposition to the rezoning request. She remarked that she was not sure what the Board was currently being asked to vote on. She specified that the proposed ordinance before the Board requested that the C&D landfill be opened to other businesses and opined that, if the applicant no longer wished to expand the landfill, a new ordinance should be drafted and put before the Board.
Commr. Cadwell agreed with Ms. Oliver, stating that the Board had made it a policy that they would not drastically change ordinances during zoning meetings. He stated he wanted to see what the new ordinance would look like because of how different it was from what was originally requested.
Mr. Crawford stated that PDS would be fine with postponing the decision so a new ordinance could be drafted. He requested that the Board allow public comment regarding the rezoning issue and then he would meet with County staff to rework the ordinance.
Commr. Campione agreed with the suggestion to create a new ordinance that specified what PDS was requesting. She stated that the Board would allow comments from residents and asked that those speaking keep in mind that the request to expand the C&D landfill operations was no longer a part of the rezoning request. She specified that the Board would not vote on the ordinance that day.
Ms. Oliver continued her comments, reporting that in 1997 Mr. and Mrs. Cordle received a Statement of Violation and Notice of Hearing from the County for mining without a site plan, refurbishing fuel tanks without a CUP, and for operating a landfill without County approval; in 1998 the County and PDS entered into a settlement agreement which allowed PDS to operate as a C&D disposal facility for the use of PDS generated materials only and prohibited any present or future mining activities; in 2001 the Department of Growth Management sent Mr. Cordle two Notices of Violation for mining in violation of the settlement agreement and for mining without a CUP; and in 2002 PDS entered into a consent agreement with the County recognizing that Mr. Cordle violated the previous agreement and only permitted Mr. Cordle to accept C&D materials generated from PDS and prohibited all mining activities until proper permits were obtained. She remarked that the proper permits included a CUP, which PDS was now seeking. She noted that PDS had waited ten years since the implementation of the consent agreement to request the CUP, which meant that if PDS was currently operating as a mine or borrow pit, they were doing so in violation of County ordinances. She noted that Section 3-3.5.2 of the Comprehensive Plan allowed for the limited excavation of borrow pits in environmentally sensitive areas with BCC approval and opined that none of the evidence presented so far established that the PDS borrow pit was necessary. She mentioned there was also concern over the fact that the landfill was unlined and if their activities were allowed to expand it could have a negative impact on the surrounding area. She opined that the applicant had not shown any reason why the LDR requirements concerning setbacks should not be applied to their property. She reported that the proposed ordinance did not define what “other business” was, suggesting that the lack of definition could lead to public dumping at the facility. She pointed out that, while PDS had previously been required to indemnify the County if any contamination resulted from their activities, there were no indemnification provisions in the proposed ordinance. She informed the Board that the residents were concerned about the compliance issues PDS has had in the past, noting that in addition to violating the 1998 settlement agreement and violating the 2002 consent agreement, in the past year alone PDS had received two Notice of Violations from the Florida Department of Environmental Protection. She requested that the Board deny the rezoning request.
Mr. Ken LaRoe, a resident of Eustis, addressed the Board against the proposed rezoning request. He commented that he had lived on Lake Seneca Road for 11 years and reiterated that PDS had received numerous violation notices from different entities. He mentioned that when PDS held the contract for the Waterman Hospital demolition it had been miserable for neighboring residents because of the trucks running nonstop from around 6:00 a.m. to as late as 8:00 p.m. He opined that the borrow pit would never be closed because PDS would keep bringing in materials to fill it back up. He commented that while Mr. Crawford’s pictures showed the better parts of the PDS property, other neighbors could bring in more pictures showing what the daily operations looked like. He stated that he was in opposition to the rezoning request.
Mr. Jeff Freeman, a resident of Eustis, addressed the Board against the proposed rezoning request. He objected that the borrow pit was unlined. He commented that his property was only 275 feet from the PDS property and their operations were very noisy. He stated that he could see the borrow pit from his balcony.
Ms. Sharon Kaye, a resident of Eustis and neighbor to the PDS property, addressed the Board against the proposed rezoning request. She remarked that trucks had been going nonstop when PDS held the contract for the Waterman Hospital demolition. She mentioned that her property was right across from the entrance to the borrow pit, her driveway had been cracked from the truck traffic, and the operations at PDS were very noisy. She expressed that the Board should consider the safety and noise issues when considering the rezoning request.
Ms. Gail Ling, a resident of Eustis and neighbor to the PDS property, addressed the Board against the proposed rezoning request. She called the PDS site a dump and stressed that it did not belong in a rural residential area. She mentioned that the General Standards section of the proposed ordinance specified that borrow pit activities only needed to be a minimum of five feet above the maximum groundwater level and expressed concern over animals becoming sick from drinking contaminated water as a result. She commented on the SR 429 expansion project, stating that major highway construction took place at night so the truck traffic going in and out of PDS would happen at night. She opined that something needed to be added to the ordinance specifying what PDS generated debris was, expressing concern that Mr. Cordle could go out and lease trucks from other companies and then claim that the trucks were his own even if they were bringing in debris from elsewhere. She also expressed concern about sinkholes forming in the area because of the digging performed on PDS property. Finally, she mentioned that having a dump in the vicinity might act as a deterrent to those people looking to move into the area.
Mr. Crawford addressed the concerns raised by the residents, stating that he would try to meet with Ms. Oliver and County staff regarding the rezoning request. He related that PDS was willing to put additional conditions on their operations and not expand the C&D portion of their business in an attempt to alleviate some of the stated concerns. He reported that the proposed ordinance defined specific hours of operations during the day so trucks would not be operating at night. He mentioned that the safeguards in the proposed ordinance were better than those currently required. He stressed that while traffic issues were a valid concern, there had not been any reported accidents involving the trucks coming out of PDS.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Conner disclosed that he had received a phone call from Mr. Wayne Bailey in opposition to the rezoning request.
Commr. Parks disclosed that he had a brief conversation with Mr. Jim Crawford and with Mr. Ken LaRoe regarding the rezoning request.
Commr. Hill disclosed that she had received emails and voicemail, but had not conversed with anyone regarding the rezoning request.
Commr. Campione disclosed that she had had a discussion with Mr. Ted Wicks and Mr. Cordle as well as with Mr. Butch Blanchard, an adjacent property owner who supported the rezoning request. She added that she had also spoken with Mr. Greg Shamrock and Mrs. Donna Shamrock, residents of Eustis who live on Lake Seneca Road.
Commr. Cadwell disclosed that he discussed the rezoning case with Mr. Blanchard as well.
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried by a vote of 4-0, the Board postponed Rezoning Case MSP#12/1/1-4 from Mr. Dan Cordle, owner of Professional Dirt Service, requesting a Conditional Use Permit to include a borrow pit for clean sand and fill in addition to the construction and demolition debris landfill authorized under a 2002 Consent Agreement, until the April 24, 2012 BCC Zoning Meeting.
Commr. Campione abstained from voting.
RECESS AND REASSEMBLY
The Chairman announced that there would be a ten-minute recess at 10:52 a.m.
rezoning regular agenda, continued
PH#5-12-2 – Anwar Latib/Islamic Center of Clermont, LLC
Mr. Rick Hartenstein, Senior Planner for the Planning and Zoning division of Growth Management, addressed the Board regarding Rezoning Case PH#5-12-2 filed by Mr. Anwar Latib on behalf of the Islamic Center of Clermont, Inc. requesting to rezone approximately 4.78 acres from Agriculture to Community Facility District (CFD) zoning district to permit the development of the property for a community center and place of worship. He stated that the property was duly posted regarding the public hearing. He informed the Board that the property was located south of SR 50 and east of Hancock Road at 15128 Lost Lake Road in Clermont, that it was within the Rural Future Land Use category, and that places of worship and civic uses were permitted within the Rural Future Land Use category under a CUP or a Planned District-type zoning such as CFD. He stated that the applicant intended to use the single family residence located on the property as a caretaker’s residence and to construct a 25,000 square foot, two story building. He explained that the segment of Hancock Road near the property was currently 12 percent over capacity without the proposed impacts of the request figured in and in order to maintain the level of service, Public Works would suggest widening Hancock Road from a two-lane road to a four-lane road. He stated that no improvements were currently scheduled for that section of the roadway and the estimated costs for the road widening were approximately $3.8 million and the estimated proportionate share would be three percent of that amount, which is approximately $113,000. He added that the applicant would be required to undergo concurrency management review in order for the County to determine the cost of the improvements and the cost of their proportionate share accurately, which would be conducted during the site plan review if the rezoning request is approved. He mentioned that while the LDR did not require concurrency evaluations for this type of rezoning, the LDR did instruct the County to consider planned availability of the public services and facilities when evaluating the appropriateness of the zoning application and further stated that a rezoning application may be denied if public facilities and services were not expected to be available within the planning period. He stated that the property was accessed off of Lost Lake Road, which was an unimproved 15-foot dirt easement. He mentioned that 66 feet of right of way was required in order for Lost Lake Road to be brought up to County standards to be a public access for the requested type of use. He stated that the only place the required right of way could be obtained from was a platted industrial park and it would be the responsibility of the applicant to conduct negotiations with the owners. He explained that conditions in the proposed ordinance required the applicant to either meet the fire protection standards through private means or connect with the City of Clermont to get central water for the purpose of fire protection. He noted that the proposed uses were consistent with the LDR and the Comprehensive Plan. He specified that there were provisions in the proposed ordinance that would help mitigate the potential impacts. He stated that staff recommended approval with the conditions stated in the ordinance but the Planning and Zoning Board recommended denial of the request with a vote of 4-1 due to the intensity of the proposed project in a rural area that lacks the infrastructure to support the project.
Commr. Cadwell commented that it would not be possible for all of the conditions set down in the proposed ordinance to be met by the applicant, specifically mentioning that the City of Clermont would not put water down on a 15-foot right of way.
Mr. Hartenstein replied that that was correct, explaining that the applicant would need to acquire the right of way from a private owner before they could move forward with improvements, but that it would be a necessary step contained in the ordinance.
Commr. Campione questioned whether the Board could approve the site plan if the applicant did not acquired the additional 51 feet of right of way and paved it to County standards.
Commr. Parks asked if Mr. Hartenstein had said the cost for improvements to Hancock Road was $3.8 million.
Mr. Hartenstein replied that it was an estimate based on the best available data that Public Works had available currently. He added that if the rezoning request was approved and moved forward, at the site plan the applicant would have to come in with a traffic impact study that would address all of the issues to the smallest detail so that an actual figure could be established.
Commr. Campione added that if anyone wanted to develop on Hancock Road they would be required to deal with traffic issues because it was already over capacity.
The Chairman opened the public hearing.
Mr. Rob Wassum, Project Engineer for the proposed Islamic Center, addressed the Board. He reviewed that the requested project was to construct a two-story community center/place of worship, explaining that the first floor would be more recreation and sports oriented and the second story would have classrooms and a place for worship. He clarified the applicant had wanted to find out if the property could be rezoned before addressing the myriad of issues that need to be resolved with the site plan. He commented that the site was already being served by water from the City of Clermont and added that they had been working with the City on a utilities agreement for sewer services. He mentioned that the applicant had entered into discussions with the property owners to the north to acquire the additional right of way necessary for the road improvements. He stated that a traffic study would be conducted to further define what was needed to mitigate traffic impacts.
Commr. Parks asked how the Clermont’s City Council’s recommendation to deny the rezoning request would affect the applicant’s attempt to for a utilities agreement.
Mr. Wassum replied that they had a letter from the City of Clermont stating that there was water and sewer capacity available for the proposed project. He added that the utilities would have to be brought to the site from the main lines running along Hancock Road. He clarified that the existing single-family home on the property was served by water, not sewer, from the City of Clermont and there were no contracts for utilities for the proposed project. He added that the applicant was currently working on a utilities agreement.
Commr. Campione asked if there was an agreement between the applicant and the property owner to the north regarding purchasing right of way.
Mr. Wassum replied that there was currently no agreement in place but they were still in negotiations with that property owner.
Ms. Deborah Salvi, a resident of Clermont and a neighbor of the property in question, addressed the Board in opposition to the rezoning request. She mentioned that she had spoken against the rezoning request at the last Zoning Board meeting as well as the Clermont City Council meeting. She stated that people had been gathering for close to four years on the property with the number of people and cars increasing over time. She noted that she had spoken to County Code Enforcement numerous times about the zoning violation but they did nothing about the situation. She stressed that approving the rezoning request would be a negative impact on the neighborhood. She requested the Board deny the rezoning application.
Mr. Thomas Pratt, a resident of the King’s Ridge subdivision in Clermont, addressed the Board in opposition to the rezoning request. He opined that it would be irresponsible to pass the rezoning request at this time because of the numerous conditions required to make the project feasible. He also mentioned that there would be loudspeakers placed on top of the proposed structure that would play music loudly throughout the day.
Commr. Campione stated that there was a provision in the proposed ordinance that would require a noise study and added that she thought there was also a provision that prohibited outdoor devices for amplification.
Mr. Pratt opined that, since zoning regulations had not been enforced for the last four years the regulations in the ordinance would not be enforced either.
Ms. Joan Dahl, a resident of the King’s Ridge subdivision in Clermont, addressed the Board in opposition to the rezoning request. She mentioned that she and her husband had lived in King’s Ridge for the last two years. She explained that Hancock Road allowed them to drive without the complex traffic patterns found on US 27. She expressed concern over the traffic being increased on Hancock Road should the rezoning request be approved. She surmised that the other senior residents of King’s Ridge would be just as concerned over the increase in traffic on Hancock Road. She requested that the Board deny the rezoning request.
Ms. Terrie Reitz, a resident of Clermont, addressed the Board in opposition to the rezoning request. She explained that the newspaper indicated there was a lawsuit from the previous owner who was requesting money that had not yet been paid for the property and opined that the lawsuit should be resolved before the rezoning request was approved. She stated that the Clermont City Council did not approve the Celebration of Praise Church rezoning request and she questioned the rezoning for the Islamic Center because the area did not have the necessary utilities or roadways.
Mr. Vance Jochim, a resident of Tavares who writes a blog called FiscalRangers.com, addressed the Board in opposition to the rezoning request. He remarked that that the surrounding properties were agriculturally zoned single-family homes. He suggested the Board investigate why no one from Code Enforcement did anything about the complaints received regarding the property in question. He expressed concern over the quality of the Comprehensive Plan because, based off of what staff had said, it would allow such a drastic zoning change as the one requested. He commented that approving the rezoning request would result in additional costs to taxpayers through the required changes to the infrastructure.
Mr. Paul Adams, a resident of Clermont and a neighbor of the property in question, addressed the Board in opposition to the rezoning request. He submitted a petition with 153 signatures from neighboring residents in opposition to the rezoning request. He explained that residents in that neighborhood opposed every rezoning request submitted for their area. He displayed a list of reasons for oppositions to a previous rezoning request from 2006, a picture of the view from his backyard, and a map depicting where the property in question was located. He emphasized that the surrounding properties were all single-family, agriculturally zoned lots and that the requested project was intensive for the area. He commented that the LDR allowed sports complexes to be exempt from the noise ordinances and the applicant had indicated a desire to use the facility as a sporting area as well as a school and a church. He expressed concern that the applicant would be exempt from the noise ordinances as a result. He displayed a schedule for the Islamic Center of Clermont, noting that there were five prayer services per day as well as two other activities during the week which would result in multiple daily trips to and from the property. He opined that local fire equipment was not adequate to handle a fire in a building as large as the proposed structure should one occur, specifying that a building that size would require a ladder truck and the nearest fire station did not have one.
Ms. Judith Adams, a resident of Clermont and a neighbor of the property in question, addressed the Board in opposition to the rezoning request. She requested the Board deny the rezoning request because the plans for the community center were very ambitious for the size of the lot in question. She displayed the picture Mr. Adams had shown of the view from their backyard and explained that a building the size of what was being requested would tower over everything else in the area.
Ms. Ginger Martin, a resident of Clermont, addressed the Board in opposition to the rezoning request. She remarked that she lived within a two mile radius of the property and that property owners in that area would be impacted should the rezoning request be approved. She stated that within a two mile radius of the property were six residential communities with approximately 25,000 residents and those residents would have to deal with increased traffic on South Hancock Road and John’s Lake Road. She commented that the building requested by the petitioner, which included an outdoor public address system, would overwhelm and overshadow many property owners in that area. She mentioned that she attended the Clermont City Council meeting when this case was being heard and she did not understand why no one addressed the Code Enforcement issues currently taking place on the property. She opined that a community recreation facility did not belong on the property and it would adversely affect property values for all surrounding properties in that area.
Mr. Wayne Saunders, Clermont City Manager, addressed the Board in opposition to the rezoning request. He explained he was present on behalf of the Clermont City Council. He stated that the parcel was within the Clermont Joint Planning Area Agreement with Lake County and that the Clermont City Council had addressed this issue two weeks ago. He reported they had recommended denial by a vote of 5-0 due to the location not having easy access to better roads and better water and sewer as well as the fact the property was surrounded by five acre, single-residence homes that were zoned for Agriculture. He mentioned that the Council had sent the Board a letter regarding their recommendation.
Commr. Parks asked if large utility agreements went before the Clermont City Council for approval.
Mr. Saunders replied that any utility agreement outside of the City would have to be approved by the City Council. He mentioned that he believed they had received an application for the property but it did not include any of the capacities they would be demanding. He stated that there was a utility line there for the single-family residence but it would probably not be adequate for the type of facility the applicant wished to build. He specified that the applicant would have to request the utility agreement from the City Council and the City would not put a major line on a small 15 foot right of way and there was a specific separation limit required between water and sewer lines.
Ms. Rehana Insanally, a member of the Islamic Center of Clermont, addressed the board in support of the rezoning request. She stressed that the Islamic Center of Clermont wanted to work with their neighbors and establish an open line of communication to address their concerns.
Commr. Campione asked where the Islamic Center of Clermont was currently located.
Ms. Insanally replied that the single-family dwelling on the property was currently their place of worship. She noted that there was a large community of Muslims in Clermont that wanted the opportunity to have a place of worship and a community center. She mentioned that she understood the traffic concerns because she lived on Hartwood Marsh Road, which was a two-lane road, and had witnessed the increase of traffic as a result of development in the area. She remarked that the Clermont was growing and change was good for the community. She expressed how important the community center and place of worship was to their members and even though there were a lot of issues to address, they were looking for the opportunity to move forward after the rezoning to try to work through them. She stated that they wanted to work with the neighboring property owners to work through their concerns.
Commr. Cadwell asked if there was any connection between the Islamic Center of Clermont and the mosque in Minneola.
Ms. Insanally replied that there was but that for the majority of the members of the Islamic Center of Clermont the mosque in Minneola was further away because many of the members lived in the area surrounding the property in question.
Mr. Abdool Azeem, a member of the Islamic Center of Clermont, addressed the board in support of the rezoning request. He mentioned that he moved to Clermont from New York about ten years ago. He emphasized that it was important for there to be someplace for the children to go in order to help keep them off the streets. He explained that those who worked at the Islamic Center were volunteers. He stated that only a few people attended all of the daily prayer services and that most only attended the Friday evening prayer service. He added that since turning lanes had been made for the subdivisions in the area it would be possible to take care of the potential traffic issues. He then stressed that the Islamic Center was important for the children.
Mr. Mohamed A. Jobe, a member of the Islamic Center of Clermont, addressed the board in support of the rezoning request. He explained that the requested size of the building was the maximum that was allowed to be built and that the actual building they wanted to construct would only be about 10,000 square feet with no more than 80 parking spaces. He reiterated what Mr. Azeem had said about only having a few people come in for the daily prayer services and that most people came for the evening prayer services. He estimated that for the Friday services there were at most 20 to 30 cars on the property, during Ramadan there might be around 50, and on the high holidays there may be as many as 80 to 100 but that was only twice a year. He stressed that the Islamic Center would not generate any additional traffic.
Mr. Arnoldo Ceballos, a resident of Clermont and a neighbor of the property in question, addressed the Board in opposition to the rezoning request. He expressed concern over the number of parking spaces requested by the applicant, stressing that it would allow too many vehicles on the property and could pose a danger in the case of an emergency because there was only one way in and out of the property. He stated that residents of the neighborhood chose to move into the area because of the peaceful atmosphere in an agricultural setting.
Mr. Mike Salvi, a resident of Clermont and a neighbor of the property in question, addressed the Board in opposition to the rezoning request. He submitted a photograph showing cars parked on the property, estimating that there were about 75 cars present at that time. He stated that the applicant had been having large gatherings on his property for the last four years and the group continued to grow larger over time. He asked if someone could look into the Code Enforcement issue.
Mr. Anwar Labtib, the applicant for the rezoning request on behalf of the Islamic Center of Clermont, Inc., addressed the Board in support of the rezoning request. He emphasized that the members of the Islamic Center respected the concerns of their neighbors as well as those of the general public and that they would do their best to address all of them. He commented that they would downsize the building proposal because of the concerns expressed over the current request. He explained that the size mentioned in the rezoning application was a result of the staff’s recommendation of the maximum building and number of parking spaces that property could hold. He specified that the initial intention had been to obtain the approval for the rezoning and then address the finer details once the plans were brought before the Architectural Review Board. He pledged to continue to cooperate with neighbors and address their concerns. He stated that their request had been denied at the Clermont City Council meeting because Hancock Road was inadequate to handle the increase in traffic but that all of the activities taking place on the property occurred after peak traffic hours. He mentioned that the intersection of Sunburst Lane and Hancock Road was one block south of the intersection of Lost Lake Road and Hancock Road and the two intersections were the same size with the only difference being that Sunburst Lane was paved. He remarked that the intersection at Sunburst Lane and Hancock Road handled more traffic than what the anticipated increase would amount to on Lost Lake Road and he displayed a picture of both intersections to illustrate his point. He noted that Sunburst Lane held a sporting facility, the Magnolia Park subdivision, and a church and he was confused as to why all that traffic was acceptable on Sunburst Lake but not acceptable on Lost Lake Road. He remarked that he did not understand how having the Islamic Center on the property would diminish the rural quality of the area. He stressed that Clermont was growing fast and they needed a facility for the people who were already there. He argued that if the intersection at Sunburst Lane could handle higher levels of traffic then so could the intersection at Lost Lake Road. He then submitted a packet of petitions from people who supported the rezoning request. He asked the Board to approve the rezoning request.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Cadwell emphasized that the Board was compassionate about what the Islamic Center was trying to do and explained that the issues against the project pertained to the size of the proposed facility combined with the limitations of the current transportation network and the minimal right of way and had nothing to do with religion.
Commr. Campione reemphasized that whatever decision the Board made was not based on religion. She opined that the request was premature because the applicant did not possess the necessary right of way required for the project. She stated that the Board could not approve anything at that location because the LDR would not allow development on a 15 foot right of way. She remarked that the request could not be approved before the right of way was acquired because there was the possibility that the right of way might not ever be acquired. She commented that there might be ways to mitigate the urbanization of that area but that the intensity of the project was problematic. She reiterated that Hancock Road was operating over capacity. She then stressed that the right of way issue was the heart of her concern, stating that she could not support a rezoning on a 15 foot right of way for something that would generate additional traffic.
Commr. Parks commented on the Code Enforcement issues that had been mentioned during the public hearing, stating that the Board would not take that into consideration for their decision but that he would work with the County Manager to address the issue and ensure the County was providing the proper level of service.
Commr. Conner requested a report from the County Manager to determine whether or not there were legitimate Code Enforcement violations and whether or not the complaints issued by those concerned citizens were being ignored.
Mr. Gray replied that he would assemble the report and provide each commissioner with a copy.
Commr. Parks thanked everyone who was present at the meeting regarding the rezoning request. He commented that each of the commissioners had taken the issue very seriously and professionally and whatever decision was made would be based on facts. He moved to deny the rezoning application because the 15 foot easement did not meet the necessary access requirements and was insufficient to support the intensity of the proposed uses. He commented that it would not be practical at this time for the County to address the improvements required such as the widening of Hancock Road. He concluded that he did not believe the rezoning request could be addressed through the site planning process because the City of Clermont had already disapproved the application and any utility permits would have to go before the Clermont City Council.
Commr. Conner disclosed that he had received a phone call from Ms. Doris Regan in opposition to the rezoning request. He remarked that it was his inclination to support religious institutions but the request was incompatible with the surrounding area, the infrastructure was inadequate, and there was still the issue with the right of way.
Commr. Parks disclosed that he had a conversation with Mr. Curt Binney, Mr. Paul Adams, and Mr. Ted DeWitt regarding the rezoning request.
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board denied rezoning request PH#5-12-2 from Mr. Anwar Latib on behalf of the Islamic Center of Clermont, Inc., to rezone approximately 4.78+/- acres from Agriculture to Community Facility District zoning district for a 2-story (12,500 square foot per story) 25,000 square foot total, community center/place of worship and an existing single-family residence to serve as a caretaker’s residence.
CUP#12/2/2-4 – Steven R. Nordstrom/ Phillip L. & Deborah P. Kirby/Lakes of Mt. Dora
Mr. Steve Greene, Chief Planner for Planning and Community Design, addressed the Board regarding rezoning case CUP#12/2/2-4 from Mr. Steven R. Nordstrom for a CUP in the Agriculture Zoning District to allow a temporary sales office for up to five years. He explained that the CUP was being requested to allow a temporary sales trailer on a nine acre parcel to sell approximately 100 lots located in the Lakes of Mount Dora subdivision. He displayed an image of the subdivision and the parcel on which the trailer would be located. He stated that currently the sales trailer was within the subdivision and the nine acre parcel was located along SR 44, west of the subdivision and a little east of Eustis. He specified that the property was currently zoned Agriculture, which does not permit commercial real estate offices. He added that temporary sales offices were allowable within the subdivisions where the lots were being sold. He stated that the use was inconsistent with the current zoning of the property and was also inconsistent with the Comprehensive Plan regarding not meeting commercial location criteria. He remarked that even though staff recommended the request be denied, the Zoning Board recommended approval with the condition to place a five-year limitation on the CUP or to have the CUP expire once all of the lots were sold, whichever occurred first.
Commr. Hill recused herself from this case due to her husband’s legal involvement with the rezoning request.
Mr. Robert Williams, attorney representing the applicant, Pringle Homebuilding Group, LLC (PHG), addressed the Board in support of the rezoning request. He reviewed the history of the Pringle Companies and the Lakes of Mount Dora Subdivision, explaining that in 2008 the property was foreclosed upon but PHG purchased limited assets and kept ownership of 100 lots. He related that Medallion Homes purchased the two undeveloped phases of the subdivision and explained that the trailer currently owned by PHG was on property owned by Medallion Homes and Medallion Homes would not allow them to keep the trailer at that location. He stated that PHG was seeking to move the modular sales office to a parcel of property owned by Mr. Phillip and Ms. Deborah Kirby and noted that PHG had reached an agreement with Mr. and Mrs. Kirby to lease their property and use their access off of SR 44. He added that PHG had also agreed with the conditions given by the Planning and Zoning Board regarding the five year limitation on the modular sales office.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Campione commented opined that it was in everyone’s best interest to have the lots sold so homes could be built. She mentioned that she did not see any safety concerns or traffic concerns regarding the request.
On a motion by Commr. Campione, seconded by Commr. Conner, and carried by a vote of 4-0, the Board approved Ordinance 2012-23 and rezoning request CUP#12/2/2-4 from Mr. Steven R. Nordstrom, Mr. Phillip L. Kirby and Mrs. Deborah P. Kirby requesting an Conditional Use Permit in the Agriculture Zoning District to allow a temporary sales office for up to five years.
Commr. Hill abstained from voting.
Other business
Update on sector plan for south lake County
Mr. Scott Blankenship, Economic Development and Tourism Director, gave a presentation created in joint partnership with the West Orange/South Lake Transportation and Economic Development Task Force regarding the Sector Plan for South Lake County. He discussed “Wellness Way,” explaining that it was a vision of the strategy-based and purpose-driven development plan to improve the local economy through wealth creation, long term employment, predictable sources of income and revenue, and economic development. He commented on the importance of human wellness, economic wellness, and environmental wellness with the Plan. He mentioned that the Task Force had been working collaboratively on economic visioning for the South Lake and West Orange corridor for over the past year and had adopted a vision that looked at a way to incubate regional assets in that corridor by providing the type of environment and resources needed for the sector to grow. He explained that the Plan was located in what was considered a “Golden Triangle” because of its location between interstate I-4, Florida’s Turnpike, and US 27 and opined that that corridor could be the most significant economic corridor in Central Florida. He listed possible high-impact industries such as human performance science and technology, ecological research, agritechnology, smart energy such as fuel cells and biofuels, transportation logistics, and health, wellness and geriatric research. He displayed slides showing examples of the fields within those industries and explaining ideas on how those fields could be expanded and developed in the region. He reviewed the economic impact of the Plan on Lake County, stating that the results of the Plan could equate to $200 million in direct economic impact to Lake County government and could create up to 23,000 jobs. He also reviewed the total regional impact, stating that the total economic benefit for the entire region was approximately $2.5 billion. He opined that the West Orange/South Lake corridor was the most significant strategic corridor currently in Central Florida.
Commr. Cadwell stated that he supported the Sector Plan and wanted to see it move forward but expressed concern over who would be present for discussions regarding the development of the Plan. He remarked that he wanted to know who would be participating in that discussion and what the process would be. He also stressed that the County would need to make sure they did not mitigate open space and roof tops for the technological, commercial, and industrial growth that would happen in the area.
Mr. Gray remarked that the Sector Plan process would address all such issues as it progressed and commented that Lake County would submit its own plan for the region to ensure the interests of the County were protected.
Commr. Campione asked what the status was of the discussion process.
Mr. Gray replied that they were close to securing private funding for the Sector Plan.
Commr. Parks commented that the presentation was about branding the region and it could be used by anyone because the message was consistent. He mentioned that there would be plenty of public input as they moved through the planning process. He stressed that it was not about creating more houses; it was about creating jobs and encouraging good economic development. He opined that the Sector Plan was a good collaborative process and that it emphasized great coordination between the governments, both between the counties and the cities. He added that private property owners were supporting the plan as well.
Zoning board appointment
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board appointed Mr. Donald L. Heaton to serve an indefinite term as an Ex-Officio, Non-Voting Military Representative on the Zoning Board.
Affordable housing advisory committee appointment
Commr. Campione recommended Mr. Steve Smith to serve on the Affordable Housing Advisory Committee in the position of Resident who is actively engaged as a not-for-profit provider of affordable housing.
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2012-29 appointing Mr. Steve Smith to the Affordable Housing Advisory Committee to serve the remainder of a two-year term ending November 30, 2013.
reports – county attorney
Transferring prepaid educational impact fees
The County Attorney mentioned that at the last BCC meeting the Board had requested he look at the issue of transferring prepaid educational impact fees into a credit account. He asked if the Board wanted to allow the fee transfer into a credit account even if no building permit was obtained for the property. He mentioned that the Board had originally not wanted to allow people to move a prepayment off a lot unless they had a building permit.
Commr. Campione asked if the property owner could work out an arrangement where he kept a record of the prepayment transfer with whomever he sold the lot to.
Mr. Minkoff replied that the property owner could do that.
Commr. Campione commented that, without adding another layer to the administrative process at the County level, it would be better to have the property owners deal with the administrative side of the prepayment transfers.
Commr. Parks specified that the property owner could administer and keep record of the transfer himself.
The Board agreed that it would be up to the property owner to keep a record of the transfer of educational impact fees to other lots.
reports – county manager
Problem with streaming live video of meeting
The County Manager noted that the live video of today’s BCC meeting on the County’s website was not working due to technical difficulties. He announced that the recording of the meeting would be posted to the County’s website tomorrow. He added that a note had been posted on the website stating that the live video feed was not currently working.
REPORTS – COMMISSIONER HILL – vice-CHAIRMAN AND DISTRICT 1
tour of Peri Formworks
Commr. Hill reported that she and Mr. Scott Blankenship, Economic Development and Tourism Director, toured Peri Formworks located in Christopher C. Ford Park. She noted that Peri Formworks employed between 25 and 30 employees, had a workforce internship, and performed on site training.
Tour of welcome center
Commr. Hill reported that she and Mr. Blankenship toured the Lake County Welcome Center to see how it had been retrofitted to include the incubator site for the South Lake area.
Tour of medical examiner’s office
Commr. Hill reported that she and Mr. Gray had visited the Medical Examiner’s Office on Friday, March 23, 2012, and noted that there were some air-conditioning issues with the building that needed to be addressed.
reports – commissioner parks – district 2
Elder affairs committee update
Commr. Parks reported that Ms. Barbara Howell was the new chairwoman of the Elder Affairs Committee and mentioned that the Elder Affairs Committee had split off into small working groups to gather information on certain issues with the intention of coming before the Board in the future with a recommendation of how to make Lake County a more elder-friendly community.
Boy scouts golden eagle dinner
Commr. Parks thanked the commissioners for supporting the Boy Scouts Golden Eagle Dinner, noting that Commr. Campione and Commr. Conner had been in attendance. He mentioned that the Boy Scouts had raised more than they had the previous year at the dinner.
Proclamation for city of groveland’s 90th birthday
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2012-30 celebrating the City of Groveland’s 90th birthday.
reports – commissioner conner – district 3
Proclamation for girl scouts celebrating 100 years
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2012-31 applauding the Girl Scouts for their 100 years of leadership and expertise as the voice for and of girls and proclaiming 2012 as “Year of the Girl.”
Proclamation for 50th anniversary of family dental practice
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2012-32 celebrating the 50th anniversary of a Family Dental Practice.
Commr. Conner requested that there be a formal presentation of this proclamation at the beginning of the May 8, 2012 BCC meeting.
reports – commissioner cadwell – district 5
Festival of reading awards
Commr. Cadwell reported that on Friday, March 30th he would be in Lady Lake for the Festival of Reading awards.
State library advisory council
Commr. Cadwell reported that last week he attended the State Library Advisory Council Meeting, of which he is a member, and met with the Secretary of State.
REPORTS – COMMISsIONER campione – CHAIRMAN & DISTRICT 4
Resolution urging governor to veto HB 5301
Commr. Campione reported that she; Mr. Gray; Ms. Dottie Keedy, Community Services Director; and Ms. Allison Thall, Health and Human Services Division Manager, had met with Senator Alan Hays to discuss House Bill 5301. She stated that they showed Senator Hays the good track record Lake County had with trying to verify the addresses for Medicaid claims and emphasized to him how Lake County was being held responsible for bills even after proving the patients lived in a different county. She remarked that they showed Senator Hays the projected budget for the next several years and explained how HB 5301 was financially detrimental for the County. She informed the Board that Senator Hays had contacted Governor Scott and that the governor had said he was going to work closely with the Agency for Healthcare Administration (AHCA) to see that procedures changed regarding the handling of Medicaid claims. She stressed that HB 5301 would have an extremely adverse impact on the County and expressed her disapproval of the bill.
Mr. Gray remarked that Governor Scott had until Thursday to sign the bill, noting that the bill had not been signed yet.
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2012-33 urging Governor Scott to veto HB 5301, an unfunded mandate that will pass down the costs of disputed and inaccurate Medicaid bills to local taxpayers.
Manufacturing ceo roundtable discussion
Commr. Campione reported that the Lake County Economic Development Group hosted a Lake County manufacturing CEO roundtable discussion in an effort to bring manufacturers together and promote existing business within the County. She mentioned that ten manufacturing CEOs had been invited to the roundtable discussion. She added that they were looking for other CEOs in the County who would want to participate and noted that they were considering having the roundtable discussion quarterly.
Metro Orlando Economic Development Council
Commr. Campione reported that they would be hosting the Metro Orlando Economic Development Council on Wednesday, March 28, 2012. She stated the reception was at 5:30 p.m. at Red Tail Golf Club in Sorrento.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:23 p.m.
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leslie campione, chairman
ATTEST:
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NEIL KELLY, CLERK