april 23, 2013

The Lake County Board of County Commissioners met in regular session on Tuesday, April 23, 2013 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; Jimmy Conner, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Welton G. Cadwell.  Others present were:  David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION and pledge

Pastor David Miller from the Southpointe Baptist Fellowship in Leesburg gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. David Heath, County Manager, asked that an addendum that staff issued yesterday from Public Safety regarding additional Emergency Management funding from Homeland Security and the State of Florida be added to the Agenda.  He also noted that Tab 3 needs to be pulled from the agenda, because they were notified yesterday that that program which deals with DCF funding for criminal justice, mental health, and drug addiction has been temporarily suspended, but he assured the Board that they he will bring that back to them in the future.

citizen question and comment period

Commr. Campione noted on the record that Mr. Leonard Wheeler, a resident of Eustis, sent the Board an email, but he was not able to be present to make the presentation he had planned on making before the Board.  She noted that they have received his correspondence and that she would give that to the Clerk to make sure it was included in the record.  She thanked Mr. Wheeler for his relentless attention to ADA issues and the work that he does on behalf of Americans with disabilities.

Ms. Debbie Shank, a resident of Mount Dora, mentioned that she had sent the Commissioners several emails regarding Animal Services, and she spoke about her concerns regarding Animal Services, the animal shelter, and the audit report findings.  She pointed out that many animals were getting euthanized, even though there were several empty kennels available at the shelter.  She expressed concern and surprise that the audit report found that there were 1600 missing dogs that could not be accounted for, along with 200 dogs that escaped in addition to the missing dogs, and that there was no accountability for that situation.  She also commented that she was against the drop off box and believed that the owners should walk the unwanted animals into the door of the animal shelter.  She commented that an investigation should be done into an employee who put the rescue’s money into her personal account for disbursement.

Commr. Conner responded that Mr. Stivender and Mr. Heath toured the South Lake Animal League facility, which had an incredible volunteer force made up of about 200-300 volunteers and was very clean, well-run, and busy.  He commented that he believed there was an opportunity to expand their volunteer force at the County animal shelter during their restructuring.

Mr. Heath reported that staff concurred with all of the recommendations in the audit and were implementing as many of them as they could.  He related that they have recruited for the Animal Services Manager and would hopefully make an offer at the end of this week.  He also mentioned that they would bring back the fee schedules and online registration before the Board on May 21, and he was planning on having a work session in July regarding animal services.


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 6, 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.

Audit Report from the City of Eustis

Request to acknowledge receipt of copy of the City of Eustis’ audit report for the fiscal year ended September 30, 2012, in accordance with the Single Audit Act.

Annual Report for City of Umatilla CRA

Request to acknowledge receipt of the Fiscal Year 2012 Annual Report for the City of Umatilla Community Redevelopment Agency.

Notification of Availability of CAFR from St. Johns

Request to acknowledge receipt of copy of email notifying the County that the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2012, which was audited by the accounting firm of James Moore & Co. and accepted by the St. Johns River Water Management District’s Governing Board on March 13, 2012, is available on the District website at www.floridawater.com/financialstatements.

Southwest Florida Water Management District’s CAFR

Request to acknowledge receipt of the Southwest Florida Water Management District’s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2012, as well as a cover letter informing that a copy of the Report has also been posted online at www.watermatters.org under Business & Finance, as required by sections 373.5071 and 373.536(6), Florida Statutes, following adoption by their Governing Board.

BCC-106 Audit of Animal Services Report

Request to acknowledge receipt of the BCC-106 Audit of Animal Services, Kennel and Field Operations audit report.


On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 9, pulling Tab 3, as follows:

Conservation and Compliance

Request for approval of Satisfaction and Release of Fine for property owner, Ellen L. Bailey. The fiscal impact is $2,500.00.

Economic Development and Tourism

Request for approval to award an Artist Relocation Program Award in the amount of $2,500.00 to One Dane Place, home to multiple artists, to encourage arts and culture in downtown Eustis.  There is a fiscal impact of $2,500.

Public Works

Request for approval and signature of Resolution No. 2013-41 to advertise Public Hearing to vacate a portion of public right of way known as Woodland Drive.

Request for approval of the agreement with the City of Eustis for intersection improvements at Kurt St. and Ardice Ave. /Mt. Homer Ave. in the City of Eustis. The fiscal impact is $57,483 (Expenditure). Commission District 4.

Request for approval of Resolution No. 2013-42 designating County roads within the City of Tavares Community Redevelopment Area (CRA) as appropriate for golf cart signage and operation of golf carts in accordance with Section 15-15, Lake County Code (see attached Exhibit A). This resolution shall supersede Resolution 2009-159. There is no fiscal impact. Commission District 3.

Request for approval and acceptance of the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects. There is no fiscal impact. Commission Districts 1, 2, 3, 5.

Public Safety

Request for approval to utilize FY 2010 and FY 2011 State Homeland Security Grant Program (SHSGP) funds as modified and approved by Florida Division of Emergency Management, allow use of State and/or other existing contracts for the purchase of eligible equipment, and authorize staff to accomplish all procurement and budget transfers as necessary. The fiscal impact is $752,288 (Expenditure); no grant match required. This request is 100% grant funded through reimbursement. Lake County's portion is ECOC Technology reallocation ($193,064.27) and Region 5/Lake ($273,407.60.

Request for approval to: (1) pursue residual grant funds for the Emergency Communications and Operations Center (ECOC) from the Federal Department of Homeland Security, State Homeland Security Grant Program (SHSGP) through the Florida Division of Emergency Management (FDEM) and (2) approve authorization for the County Manager to sign future amendments/modifications that do not involve financial impact.  There is no local match required (Revenue).


On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 10 as follows:

Request for approval of an amendment to the lease agreement with CEB Office, LLC, to provide for improvements to the leased property.

public hearings

vacation petition 1188 – plat of bella collina – montverde area

Mr. Jim Stivender, Public Works Director, stated that Vacation Petition 1188 is in the Montverde area and showed an aerial map of that location.  He mentioned that every one of the lots there has a side yard utility easement, but this one was not needed.  He recommended approval to vacate.

The Chairman opened the public hearing.

There being no one present who wished to speak regarding this vacation petition, the Chairman closed the public hearing.

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved Vacation Petition No. 1188 and approval and execution of Resolution No. 2013-43 to vacate the side yard utility easement in the Plat of Bella Collina, PB 53, Pg. 95, in the Montverde area. There is no fiscal impact. Commission District 2.

ordinance amending chapter iii of the ldr’s

Mr. Sandy Minkoff, County Attorney, read the proposed ordinance by title only as follows:


Mr. Sheahan related that his staff received some last-minute comments from the wireless communication industry, PCIA, and after staff initiated some conversations with their representative to determine exactly the nature of their concerns, they reached consensus on some changes of the ordinance which are acceptable and supportable by staff, would allay their concerns, and would allow the ordinance to proceed without objection.  He specified that the first change was in Section 313.03 C, Structural Design, since the industry felt more comfortable with the added statement “but not required” on Page 3, Line 27.  He stated that they were also recommending deleting Section 3.13.11 in regards to some concerns related to the Federal Communications Act and some changes that were recently initiated by the legislature, which they can continue to review through the development review process, and they may bring back an addendum at a later time to amend the ordinance.

The Chairman opened the public hearing.

There being no one present who wished to speak regarding this ordinance, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved adoption of Ordinance No. 2013-20 amending Chapter III of the LDRs, entitled “Zoning District Regulations,” to update and clarify Section 3.13.00, entitled “Wireless Antennas, Towers and Equipment Facilities,” with changes to the ordinance in Section 313.03 C entitled Structural Design and deletion of Section 3.13.11 regarding the Emergency Communications Corridor.

rezoning consent agenda

Mr. Sheahan reported that there were two changes to the agenda, which were the postponement of Tab 5, MSP#13/3/1-2 for Cemex Construction Sand Mine, until May 21 and the withdrawal of Tab 7, which was an economic development initiative, due to property concerns.  He related that they have received no letters of opposition for any cases on the consent agenda.

The Chairman opened the public hearing regarding the Consent Agenda.

 There being no one present who wished to speak regarding the consent agenda, the Chairman closed the public hearing.

Commr. Cadwell disclosed that he spoke with Mr.  Scott Taylor regarding the borrow pit on Tab 6, LPA#13/3/4-4, Wekiva Borrow Pit Exemption.

Mr. Minkoff informed the Board that since Tab 6 was a Comprehensive Plan Amendment, which was a legislative action, the disclosure rules would not apply to that.

Commr. Campione noted that all of the emails were in the public record for anyone that wished to see those for any of the rezoning cases.

On a motion by Commr. Sullivan, 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. 2013-21


Buckner Property Rezoning

Request to rezone the property from Urban Residential (R-6) to Light Industrial (LM) for light industrial uses.


Tab 2.  Ordinance No. 2013-22


South Lake Tavares Complex Rezoning Amendment

Amend the Lake County South Tavares Complex CFD/MP Zoning Ordinance #2007-72 to clarify uses consistent with the 2030 Comprehensive Plan and Future Land Use Map and replace Ordinance #2007-72 with a new Ordinance.


Tab 3.  Ordinance No. 2013-23


Gator Dave CUP

Request conditional use approval for a taxidermy use.


Tab 4.  Ordinance No. 2013-24


Grassroots Airport PUD Amendment

Amend the Grass Roots Airpark Planned Unit Development (PUD) by combining uses permitted under the existing PUD Ordinances #2003-38 and #2005-33; facilitate the creation of nine recreational/commercial lots at one-half acre each for development as single user/owner aircraft hangers, request waivers pertaining to interior landscape buffer, building setback, road access requirements, and replace the existing ordinance with a new PUD Ordinance.

rezoning regular agenda

rezoning tab 6 – lpa#13/3/4-4 – wekiva borrow pit exemption

Mr. Sheahan explained that this Comprehensive Plan text amendment would create a site-specific policy to allow a borrow pit on property within the Wekiva River Protection Area and Wekiva Study Area and exempt that property from open space requirements, environmental requirements, and tree preservation, on the condition that the property be used for agricultural uses for three years after reclamation.  He relayed that the Zoning Board, which approved this amendment 7-0, also recommended that a condition be added to require ten percent open space as a condition of development, with that change shown in the agenda packet, and the applicant is amendable to that ten percent requirement.  He related that the parcels are located east of CR 437 and south of SR 44, and he showed on an aerial map the location of the site, noting that there were subdivisions in close proximity.  He mentioned that this application comes before the Board by way of an initial mining site application, and the applicant was informed in that initial review that 50 percent open space was required because the site was located within the Wekiva River Protection Area, which the applicant indicated was not financial feasible and decided to seek an amendment to the Comprehensive Plan.  He stated that staff advised the applicant to narrow the request as a site-specific policy to serve materials for construction of the Wekiva Parkway, since borrow pits are allowed within the Wekiva River Protection Area provided they are limited to serve a public works project within an environmentally sensitive area.  He pointed out that if this was approved by the Board, the applicant would still be required to obtain a mining site plan and subsequently a mining operating permit, with open space and buffer requirements provided through that process.  He also reported that the Land Development Regulations require a base of a 100-foot setback; however, the Board could reduce that setback, and the applicant was requesting a 50-foot buffer.  He noted that there were residences that were very close to this property and that there were several policies that this request would be inconsistent with, such as the preservation of native habitat, tree protection, species protection, and recharge.  He indicated, however, that there were no natural habitats on the property as verified by their environmental survey and confirmation by their staff biologist; however, there are a significant number of native trees that would require mitigation if removed, and the applicant was seeking to be waived from that requirement.  He mentioned that there were also 150 gopher tortoises on the site, which the applicant has indicated would be relocated to an approved relocation site, leaving the gopher tortoises which were currently located in the buffer area in place, which he believed would not be allowed by Fish and Wildlife due to being an insufficient amount of habitat.  He expressed concern regarding access to this site, and it was anticipated that the truck traffic would travel down Walkabout Ranch Road and exit on CR 437.  He also explained that this ordinance would be for transmittal only and would be sent to the Department of Economic Opportunity (DEO) for review for consistency and assurance that it would not have adverse impacts on significant state’s resources if the Board approved this today, and it will then require a second hearing before the Board if approved by the DEO.

Commr. Parks noted that the report indicates that the applicant asserts that the amendment is necessary for construction of public works projects within the Wekiva River Protection Area and that it would be necessary to decrease buffers and reduce tree and species protections in the Comp Plan, and he asked what data was provided to show that the sand was necessary for construction of the Wekiva Parkway project.

Mr. Sheahan responded that the applicant did not submit that at this time and was waiting for approval first before they try to get the contracts to supply the fill.  He added that the applicant did indicate that it was estimated that 1.3 million cubic feet of fill would be required for the Wekiva Parkway, and this site could provide about 300,000 cubic feet of fill.

Commr. Campione asked if the site could currently be used for any agricultural use.

Mr. Sheahan answered that all agricultural uses would be permitted on this property, with no site plan requirements needed for agricultural uses.

Commr. Campione asked what the allowable density would be on this property for residential uses.

Mr. Sheahan responded that the base density of the site is one unit per 20 acres, but that can be reduced to one unit per five acres with 50 percent open space, and it could even be reduced to one unit per one acre with 50 percent open space and transfer developments rights (TDR).  He added that since the site was made up entirely of uplands, up to 83 units could be sited on the property after obtaining a rezoning and a TDR for that level of density.

Ms. Anita Geraci-Carver, the attorney representing the applicant Tom West, Inc., related that they were requesting a Comprehensive Plan amendment to allow the 83 acres of former citrus grove, which is currently used for pasture land and a blueberry farm, to be used for a borrow pit to support the Wekiva Parkway project.  She mentioned that the applicant’s intention at this time is to use the land for growing blueberries after cessation of the borrow pit activities.  She pointed out that they are allowed to clear 100 percent of the vegetation and the trees from the property under their current agricultural use, with no open space requirements, and they were only asking to defer the open space requirement for a finite amount of time and then plan to set aside the necessary 50 percent open space for protection.  She commented that this project will allow her client, who wants to encourage agricultural uses in that area, to have the financial resources to support continuing the agricultural use of the property.  She stated that the Wekiva project is in need of 20 million cubic yards of fill material, and this will support some of the need, although not all of it.  She related that there were only two approved borrow pits in Lake County that could supply fill for this project, and they do not have sufficient fill for the entire project.  She opined that the site is not an exceptionally environmentally sensitive piece of property, with no protected plant species, protected birds, or karst features on the property, and she mentioned that they plan to leave the gopher tortoises that are within the 50-foot buffer on the property and removing the other ones pursuant to the proper permits.  She also opined that the borrow pit activity would have no adverse impacts on the aquifer or rechargeability in the Wekiva area, and the benefits Lake County will receive from this project outweigh any of the impacts of not requiring the dedicated open space at this time.  She added that the project will have minimal impervious surface consisting of only the driveway off of CR 437 and will not have any issues with drainage.  She indicated that the applicant will consider additional buffering to the east to protect the adjacent residence in that location. She also stated that they anticipate that most of the traffic would be traveling north out of their property with a right turn on 437, a right turn onto 44, and then travel south on 46A, showing a traffic pattern on an overhead map; and she noted that they will deal with traffic with the mining site plan.  She emphasized that this is for a limited period of time for a maximum ten years, and it would not have as much traffic impacts as 83 residential units could potentially have on that road.  She submitted a copy of the Ecological Consulting Solutions Report to the Clerk with the diagrams she had presented.

Mr. Ted Wicks, Wicks Consulting Services, noted that a prospecting program and a complete geotechnical report were done to identify whether that soil was usable and met the DOT specification, and he stated that they were going to treat this essentially as a mass grading project rather than a borrow pit with the dirt being hauled offsite for use, starting at the top of the hill to remove the clean soil mantle that lies within about ten or fifteen feet of the higher elevations and end up grade at the lower elevations, which would allow them to remove the material that meets the specification for the clean fill for the Wekiva Parkway or any other public works project that might need this type of material while preserving the agricultural potential of the site, and he noted that they do not plan on mining into the water table at all or intrude into the confining layer above the aquifer.  He also mentioned that 50-foot setbacks are adequate for intensive commercial agricultural pursuits, and he opined that there would be limited impact on adjacent properties.  He commented that the lesser setback would also give them the benefit of increasing the yield of the dirt from the property.  He pointed out that they were avoiding deeper excavations on the property which could also yield a usable material, because they want to end up with an agricultural piece of property.  He reported that they have gone through initial review with staff on the mining site plan, with the only issue being the 50-foot setback.

Commr. Cadwell asked if he would be addressing traffic issues.

Mr. Wicks responded that they would be doing that during the mining site plan approval process.  He specified that they have looked at the connection point on the adjacent roadway, and although there are some issues with sight distance, there are also ways to mitigate that with a good maintenance of traffic plan which could be done through the mining site plan process.  He noted that they have also offered some additional traffic control beyond what the manual specifies.

Mr. Bill Griffy from Ecological Consulting Solutions, who provided the environmental surveys of the property, related that they conducted a 100 percent survey of the 83 acres by means of pedestrian transects with a goal to document any listed species located on the property, and he reported that the only listed species they noted on the property at the conclusion of that survey was approximately 154 gopher tortoise burrows.  He reiterated the above-mentioned plan to leave the burrows remaining within the buffer and to relocate the remaining gopher tortoises offsite to an approved Florida Fish and Wildlife Conservation Commission protected site.  He added that there were no wetlands or other unique habitats on the property.

The Chairman opened the public hearing.

Ms. Linda Bystrak, a resident of Leesburg representing the Oklawaha Valley Audubon Society, related that they were very concerned about this proposal and have sent the Board email correspondence expressing their opinions about the project.  She stated that there were already eight operating sand mines in Lake County, and she asked whether those other existing mines have tried to provide the sand needed for the project.  She pointed out that although the applicant has claimed to return the land to agriculture, there has been hint of future development on that site.  She expressed a concern about how the noise created by this project would affect horses at a racetrack nearby that exercised regularly in that area.  She also asked to see more documentation showing that this project would not have any effect on the aquifer, and she expressed concern about the precedent of this activity in the Wekiva Protection Area.

Ms. Heather Brush, who lives a short distance to the west of this property, stated that she believed it would be wrong to amend the Comp Plan, which would allow for destruction of important legislation which was so wisely put into place to protect the natural resources of this sensitive area, and she opined that it would set a precedent for future erosion of protected areas in the Wekiva Basin.  She commented that she agreed with staff’s recommendation to deny this, and she implored the Board to deny amending the Comp Plan for this project.  She was concerned that this project would undo all the work and the hundreds of hours that went into the regulations to protect this area, and she also expressed concern about the traffic, noise, and dust, as well as the chance that the applicant would dig deeper than they original stated, continue the project longer than projected, or would not use the sand specifically for the Wekiva Parkway Project, since they did not yet have a contract.

Mr. Vance Jochim, a resident of Tavares and writer of a blog about fiscal issues, spoke about protection of property rights and pointed out that the lack of sand or fill stops growth.  He opined that he found it ironic that the environmentalists oppose development of this pit to provide fill for a raised parkway which they requested so that animals could pass underneath it.  He also opined that some property owners have experienced reductions in their land values due to land use restrictions that have been implemented through the Comp Plan, such as buffers and requirements to move gopher tortoises, and he believed those restrictions were getting excessive, which he indicated could be remedied by changing the 2,000 “shall statements” in the Comp Plan to “may.”  He suggested that the County provide market-rate reimbursement for losses due to planning restrictions generated by staff.

Mr. Egor Emery, a resident of the Eustis area, who lives next to the Wekiva Protection area, stated that he was speaking in favor of staff recommendation of denial for this project, and he opined that this project was essentially a sand mine, which would affect the neighboring residents.  He related that he personally invested a great deal of time and Lake County invested a lot of money on the Wekiva Protection Act.  He asked the Board not to transmit this amendment, and he commented that they need to have a compelling reason to amend their Comp Plan and that it needs to benefit the greatest group of people possible.  He noted that this would only provide 300,000 cubic feet of dirt to fill a need of 20 million yards, and he commented that this was a small project to benefit a big project.  He added that he supports the goal of protection of the Wekiva Recharge Area, because the water was needed, the recharge needed to be protected to the greatest extent possible, and they have springs all over Florida that are in danger.

Ms. Leslie Garvis, who lives on Wolf Branch Road close to the proposed site, stated that she agreed with Mr. Emery, and she pointed out that property rights mean something different to her and others who bought agricultural property in a rural setting, expressing condemnation of people who buy agricultural property and think it is their right to then change it to something different.  She noted that the residents who live near the proposed sand mine did not buy into that use when they first purchased their property, and she opined that it was a privilege to get the zoning changed and not a right.  She related that she also put a lot of time and work into the Wekiva Protection Act because she feels it is necessary to protect this area, and taxpayers have paid so much to protect it.  She commented that there was plenty of sand in other areas which are not protected that could be used, and the sand from this site would only contribute a small amount of material that was needed for the project.  She also expressed concern about the precedent that this project would set, and she commended the staff for their recommendation of denial and hoped the Board followed suit.

Ms. Loretta Satterthwaite, a resident of Sorrento and a member of the Orange Audubon Society, related that the Audubon Society has long been active in matters affecting the Wekiva Geobasin and participated in the Wekiva Coalition during the Wekiva Parkway Commission meetings. She related that they support the County staff’s recommendation of denial of this request, and she asked the Board not to transmit this proposed amendment.

Ms. Jean Etter, a resident of Mount Plymouth, spoke to the Board about transportation issues, noting that the transportation outline in the previous submittal for the sand mine was at best crude.  She expressed concern about trucks making a left turn going south on CR 437 to SR 46 and about traffic near the school and a new park that was due to open soon; she also conveyed concern about curves, school buses stopping, and entries into the residential areas at the turn on CR 437 south, as well as safety for the whole community.

Mr. James Coffin, a resident of Altamonte Springs and the Executive Director of the Interfaith Council of Central Florida, stated that the major writings of every major religion of the world strongly emphasize an obligation to care for nature.  He related that he has attended 135 campouts with different age groups in his church to enjoy the beauty of Florida, as well as bicycling, hiking, and canoeing, and he wanted to protect and preserve Florida.  He commented that every action they take affects everyone individually as well as collectively and cumulatively, and these types of decisions would determine what Florida is like for their grandchildren and whether future generations will have the same privileges they currently had.  He also opined that there would be more requests for more exceptions which would further and further whittle away the safeguards that have been put in place.  He asked the Board not to relax standards that have put in place for such imminently sound reasons for the sake of short-term expediency.

Ms. Nancy Prine, a resident of Orlando and a member of Friends of the Wekiva, stated that the Wekiva Protection Area is very important not only to Lake County, but to Seminole and Orange Counties, and their group’s purpose is to defend the Wekiva Protection Act and to safeguard what it is intended to protect.  She related that the group’s letter to the Board stated that they strongly support staff’s recommendation for denial of this Comp Plan amendment.  She pointed out that 50 feet is not a very large buffer and not sufficient to protect the surrounding area or to protect that piece of property for its future use.  She noted that 50 percent open space in the Wekiva Protection Area is standard, and she opined that that area deserves consideration that is intended for that area.  She was also concerned about the requirement for only three years of viable agricultural use after ten years of the proposed use on this project.

Dr. Burt Sellers, a resident of Sanford, related that he has been speaking to a number of people regarding this issue, but he has not found anyone who was in support of this mine pit.  He relayed a concern from a woman he spoke to about the safety of her children and grandchildren who ride horses in that area.  He commented that the residents in the area felt strongly that they would lose the community they came here to live in if the sand pit is located there, and the location of a sand pit in this area would change the lives of the residents there.

Mr. Scott Taylor, a resident of Sorrento, reminded the Board of the painstaking planning process of spending hours debating one perspective against another in never-ending meetings in order to make sure that the regulations fit the circumstances.  He asked why they would set aside the efforts of many with no science or consensus in favor of the request of one owner who has decided that the regulations do not work for him.  He pointed out that the project will be an 80-acre excavation, and the aquifer would have 300,000 cubic feet less filter for their recharge.  He opined that they had a reasonable Comprehensive Plan, and they also had to recognize and uphold the Wekiva Parkway and Protection Act of 2004.  He opined that removing two inches of soil from this site would disturb the ecosystem there, and he expressed concern that this will open the door to others seeking to benefit from exclusion from open space requirements.  He also mentioned that Audubon of Florida supports the Friends of the Wekiva and the County staff in strongly recommending denial of this Comprehensive Plan Text Amendment and believe that waiver of important Wekiva policies that are requested in this application serious undermine the integrity of Lake County’s efforts to protect resources in the Wekiva Basin.  He also commented that he believed that staff’s recommendations are well thought-out, and he is incredulous of the Planning and Zoning Board’s decision to ignore those recommendations.  He asked the Board to vote in opposition to this proposal.

Ms. Kathleen Perry, a resident of the Sorrento Springs area just west of the proposed site, related that she moved to this area because of the rural flavor, and she was concerned about the residents’ property rights as a result of what is decided regarding the property around them.  She pointed out that there were schools and school bus stops located on 44 and 437, where heavy truck traffic would be traveling.  She also commented that it would create an eyesore for the people who live near the site, would impact the golf course and racetrack, and would cause their property values to decline.  She opined that the Wekiva Parkway will still be built without this project and that it was not part of the original plan.  She asked the Board to deny this plan.

Mr. David Warden, a resident of Eagle Dunes in Sorrento, indicated that he was there as a representative of the 678 lot owners in the development as well as on behalf of the Board of Directors of the HOA, in opposition to this request.  He commented that it appears that the applicant is requesting an exemption for something that has been law for years, but he sees no reason to upset that balance.  He related that there are existing pits within and outside the county that could be used, and this site will have no effect on the completion of the 429.  He noted that although the applicant spoke about how traffic on their proposed access route could affect their subdivision, this is the first time they have heard of this.  He believed there needed to be some time to study this proposal and how it would affect the ingress and egress of residents and to get the residents on board before they go forward with this application.  He also commented that he saw no financial gain to the County, and he pointed out that staff noted that this plan does not make sense in the way it has been presented.  He asked the Board to at least defer approval until the residents of Eagle Dunes and the applicant can discuss this project.

Mr. Perry Baker, a resident of Sorrento Springs, stated that he obviously was against the proposed project and mentioned that there would be other nearby neighborhoods affected by it as well.  He pointed out that the site will provide 300,000 cubic feet, which is only one and a half percent of the total amount of material needed for the Wekiva Parkway project.

Ms. Helen McCormick, a resident of Mount Plymouth, commented that environmental regulations protect their property rights, and she expressed concern about the depletion of the water filtration of the Florida aquifer.   She opined that property values increase for property that is close to a preserve, and she believed sand mines would compromise the incredible economic value of the Wekiva Basin.  She was also concerned about the precedent this would set, which would put all of that in jeopardy.  She suggested that the Board should instead focus on how to enhance and improve this asset, such as with botanical gardens and bike trails.

Ms. Geraci-Carver briefly addressed some of the issues that were raised by the public comments.  She related that this property has been and is currently being used for agricultural uses, and the Comp Plan amendment they were asking for would require it to go back to agricultural use in the future.  She noted that they currently could take down the trees and clear the property, and she pointed out that they would have to deal with the traffic issues at the mining site plan approval process, which they will manage as best as they could for everyone’s safety.  She assured everyone that the mining site plan approval will define how deep they could dig, and they would not be going into the aquifer.  She commented that it will take a lot of both small and large projects to supply fill for the Wekiva Parkway, and she pointed out that there will be a benefit to the County in the jobs this project will create rather than it going to another county.  She mentioned that they would also deal with the buffer during the site plan approval, and she noted that there will be additional buffering from the berm created by the slope when it is excavated.  She recapped that the Planning & Zoning Board unanimously recommended this, and she asked the Board to recommend transmittal, opining that the value of allowing them to participate in the Wekiva Parkway is of great benefit to the County and outweighs any of the environmental issues that have been raised.

The Chairman closed the public hearing.

Commr. Cadwell pointed out that the County staff does what it can to help applicants get approval and does not take denials lightly.  He commented that a lot of work was put into the Wekiva Protection Act, and he believed they would be remiss if they did not follow their own rules.  He encouraged the Board not to support this.

Commr. Campione assured everyone that she has listened to all of the different positions that have been presented that day as well as the emails they have received.  She commented that the way someone uses their land has to take into consideration the way that it affects others, and they have to find the right balance between property rights of owners and of those impacted.  She opined that the current restrictions that were put in place on open space in the Comp Plan does strike the right balance, and she did not feel comfortable upsetting that balance that has already been deliberated and decided upon.  She added that agricultural uses can be extremely intensive and could be disruptive as well, but a lot of work went into the rules that were put into the Comp Plan.

Commr. Parks added that there were still a lot of unanswered questions regarding this request, including traffic issues, and he wondered why the mining CUP was not submitted at the same time as this amendment, although he did believe there was probably demand for this material.

Commr. Conner commented that this is a property rights issue for the neighboring property owners, considering the significant impact this mammoth project would have on them.  He stated that although the Board does everything they could to promote economic activity, there is a protection area there that they have made a commitment to preserve.

Commr. Sullivan commented that they have to meet certain standards, which is what their rules and regulations call for, and he did not believe this project would be able to meet those and make it a viable project.  He indicated he would follow staff’s recommendation.

On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board moved to accept the recommendation of staff and deny the rezoning request for transmittal of the Comprehensive Plan Text Amendment in LPA#13/3/4-4, Wekiva Borrow Pit Exemption, due to the inconsistency with the goals, objectives, and policies of the County’s Comprehensive Plan.

recess and reassembly

The Chairman announced at 10:45 a.m. that there would be a ten-minute recess.


growth management

approval to advertise ordinances

Ms. Amye King, Growth Management Director, requested approval to advertise three different proposed ordinances regarding nonconforming development, accessory and temporary structures and uses, and lot grading; and she stated that she would give an overview of those.  She explained that one of the ordinances amends the current LDR related to nonconforming development which met the Code at the time of its establishment but is no longer consistent with current requirements because changes have been made to the Code, noting that the ordinance would reword, clarify, reorganize, or add provisions to the nonconforming uses, including parking, signs, and open space.  She stated that definitions are also being provided for nonconforming structures, which is a structure that is no longer allowed due to its size, location, or other characteristic, as well as a definition of nonconforming uses, which is the prior lawful use of a parcel which is no longer allowed by current regulations, including setbacks, landscaping, impervious surface, parking, open space, clustering, and density.  She also mentioned that the regulations for lots of nonconforming density are updated to meet the Comp Plan.  She commented that these changes make the section of the Code much clearer and easier to process and allows additions to the size of single-family dwelling units, including mobile homes, that are not conforming due to the minimum width, roof pitch, or overhang requirement that may be allowed, provided that a mobile home, travel trailer, or recreational vehicle should not be used as the addition, and the expansion shall meet all of the requirements of the LDR’s and the Florida Building Code.

Ms. King then went over the ordinance regarding the accessory and temporary structures and uses, which amends and clarifies Chapter X of the LDR’s and adds provisions to bring this section into compliance with the 2030 Comp Plan.  She explained that this ordinance would allow accessory structures in the front yard if conditions are met, adds additional home occupation uses, and adds provisions for temporary sales and construction offices.  She also explained that the lot grading ordinance would amend Chapter III and IX to allow two 4X4 impervious surface areas to encroach into the side or rear setback, provided the conditions are met, for areas that are typically used for mechanical equipment or step-off pads.  She added that this ordinance also proposes to allow an increase in the height of retaining walls from five to six feet as well as an increase in the spacing between retaining walls from five to six feet in order to be consistent with the cities.  She related that these changes were proposed after meeting with the Home Builders Association (HBA) and hearing their concerns about not being able to place air conditioning units and pool equipment in side yards and the need to have an increase in the height in the retaining walls to be consistent with the cities.

Commr. Parks clarified that many of the changes were due to receiving a lot of variance requests and commented that these changes will help a lot of residents with those problems.

Commr. Campione expressed a concern that the nonconforming structure add-ons would be taking up space that otherwise would be used for parking onsite, which might force residents to park on the street.

On a motion by Commr. Conner, second by Commr. Parks and carried unanimously by a vote of 5-0, the Board gave approval to advertise the Nonconforming Development Ordinance, the Lot Grading Ordinance, and the Accessory and Temporary Structures and Uses Ordinance, all to be heard before the Board on May 21, 2013.  There is no fiscal impact.

human resources

contract for broker for risk insurance services

Ms. Susan Irby, Human Resources Director, discussed the request for proposal for the Broker for Risk Insurance and requested approval to award that contract to Brown & Brown Insurance, Inc.  She mentioned that they have several participants on the plan in addition to the Board of County Commissioners, including most of the constitutional offices and Lake EMS.  She explained that the County is self-insured and self-funded, and the program covers property, liability, Workers’ Compensation, cyber risk liability, and a couple of other types of insurance that they procure.  She listed the types of services that they need from a risk broker, such as marketing and brokering the risk-related insurance each year for an effective date of October 1, consulting services, assistance with filing and monitoring of claims with the risk insurance carriers, and monitoring the insurance industry.  She reported that the RFP was issued from January 2 to January 30, and they have had four respondents; a selection team then reviewed those responses, including additional information that was obtained such as examples of other like-size programs for other government entities and the costs over the last couple of years.  She added that the respondents were also asked to project what the insurance costs would be for the next renewal, which helps staff prepare and budget for the next fiscal year.  She related that the committee selected two of the companies to come back for further interviews, which were Brown & Brown and A. J. Gallagher, which is the incumbent; and she listed the evaluation criteria, which included services they would be able to provide, competence and qualifications, references from other entities, completeness of RFP response, and cost of the annual broker flat fee.  She noted that they have received quotes ranging from $50,000 to $85,000, with the highest from A. J. Gallaher and a $55,000 quote from Brown & Brown; she explained that despite the lowest $50,000 quote from Hylant Group, the committee decided that Hylant Group would not proceed to the second level after reviewing the qualifications, response, and references of that company.  She stated that if approved, the Brown & Brown contract will start May 1 in preparation for the Oct 1 effective date and will be for 5+ years, with a guarantee of a flat price during that time and an option of 2 one-year renewals.

On a motion by Commr. Cadwell, second by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board approved the contract 13-0018 for Broker for Risk Insurance Services to Brown & Brown Insurance, Inc. The fiscal impact for FY 2014 will be $55,000 (Expenditure).

public works

proposed southeast transportation impact fee district

Mr. Fred Schneider, County Engineer, stated that the purpose of this presentation is to discuss a proposal to study and evaluate an additional breakout impact fee district in the South Lake area for an increased fee rate to provide funding for the new Turnpike interchange area and the Wellness Way Sector planning area.  He gave some background regarding this request and recapped that on January 22, 2013, the Board approved the reinstatement of the transportation impact fee to begin January 1, 2014 and that the County Attorney issued an opinion that it is legal to levy a different level of transportation impact fees in different parts of the County.  He related that the South Lake cities and the South Lake Chamber of Commerce have expressed an interest in supporting a higher level of transportation impact fees in the South Lake area which is needed for significant roadway improvements to enhance economic development.  He showed a map illustrating the three impact fee districts currently adopted and the proposed breakout transportation impact fee district in the Southeast area, which would encompass both the Turnpike interchange and the Wellness Way area sector plan, and he pointed out the location in comparison to the Minneola CRA district.  He also illustrated the major roadway improvements in the area in relation to the cities, major subdivisions, and DRI’s, and he showed that there was a definite need for funding of roadways in those areas for economic development.  He reported that in the south district of the County, the currently adopted 13 percent rate would bring in about $3.3 million, but the southeast district revenues would increase to about $9.7 million over five years if a rate equivalent to the previous ordinance was adopted.

Mr. Schneider went over the methodology, pointing out that the existing transportation impact fee formula would not be changed, and the same consumptive use-based formula would still be used.  He noted that a study is necessary to support the levy of different transportation impact fees in separate impact fee benefit districts, and he estimated that study to cost $22,500.  He explained that a nexus of benefit would have to be established for this new southeast impact fee district.  He gave a timeline of May 2013 to begin the study, August 2013 to present the findings to the Board and request approval to move forward with preparation of an ordinance, and September of 2013 for adoption of the ordinance so that the transportation impact fees can go into effect on January 1, 2014.  He requested Board direction on proceeding with a study which would evaluate a new Southeast transportation impact fee district.

Commr. Campione asked why staff made a decision to focus only on the east side of Hwy 27, when it seems like they would have traffic coming from the west side using Wellness Way and the interchange.  She also asked whether the Highway 55 Pass project in Groveland could be facilitated sooner with impact fees.

Mr. Schneider responded that the boundary line is chosen using a nexus or tie-in, and their consultant felt that a higher impact fee can be charged if it can be shown that 50 percent or more of the trips from the new development benefitted from those roadways, which has to be shown through transportation or traffic modeling.  He opined that they can clearly show that the developments in the Southeast District would benefit from those roadways, but it would be more difficult to show that for areas further west.  He added that there were also $2.5 million of credits outstanding for areas on both sides of Hwy 27.

Commr. Conner expressed concern that the area would be too small and would provide incentive for people to build outside that area to avoid those higher impact fees, and he suggested that the area be large enough to minimize that possibility.

Commr. Cadwell commented that he did not want the rest of the county to get the impression that they were abandoning them regarding transportation infrastructure.

Commr. Conner responded that this was a highly unusual situation regarding the Turnpike exchange.

Commr. Sullivan commented that he believed the question was whether they could charge higher impact fees in one district than other districts rather than whether to actually change the districts.  He pointed out that the County just recently went through the process of consolidating the county into three districts with the idea that transportation is a system of systems with one impact having an impact in another location, and he liked the districts the way they were now.  He asked whether they could include that whole district in the study.

Mr. Schneider commented that they would more than likely have to increase the fee paid to the consultant to look at the entire south district.

Mr. Stivender stated that if the Board would like staff to move forward with getting a price to study the entire area and identify whether they could justify higher impact fees, they could talk to the consultant and then bring that back to the Board; however, he had wanted to go forward today with direction from the Board because of time constraints.

Commr. Campione expressed concern that this could create consequences of all development moving to the west side, which would work against what they are trying to achieve, and she thought they could take care of that by keeping it all together in one district.

Mr. Heath suggested giving staff authorization to hire the consultant for the study for a cost not to exceed $50,000, since time is of the essence, noting that this would be a traffic study for a new area.  He assured the Board that he would bring them back the exact cost of the study at the next BCC meeting.

Commr. Conner commented that it was better to spend more for a study to make sure that it was right and justifiable.

Commr. Campione commented that they need to be committed to go forward with that higher impact fee district if they are going to spend the money to study it.

Commr. Parks added that there is potential for billions of dollars’ worth of taxable value and jobs to be created in this region, but this could only be made a reality if they move forward with this.

On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board gave approval to move forward with the consultant study and evaluation, but to expand the study to include a larger district than the staff recommendation at a maximum cost of up to $50,000.

appointment to the board of adjustment

Commr. Campione commented that there were several good applicants with good qualifications, and it was important to have members on the Board of Adjustment who have a broad range of understanding of property issues and working out compromises in order to resolve some of the disputes that come up regarding variances and other issues.  She opined that Ms. Catherine Hanson would do a great job on that board.

On a motion by Commr. Conner, seconded by Commr. Sullivan and carried unanimously by a vote of 5-0, the Board appointed Ms. Catherine Hanson to the Board of Adjustment to complete an unexpired four-year term ending January 31, 2015.

reports – county manager

budget department award

Mr. Heath related that he received a letter from the GFOA (Government Finance Officers’ Association) stating that their Budget Department won the award for budget document.  He asked for a proclamation to be presented so that the Board could recognize that achievement, and he noted that they will be doing a press conference.  He opined that this demonstrated the strong fiscal presence they have in Lake County.

reports – commissioner sullivan – district 1

leesburg bike fest

Commr. Sullivan mentioned that the Leesburg Bike Fest starts Friday, April 26, and he commented that it is a huge economic benefit to this community.

habitat for humanity project

Commr. Sullivan reported that Habitat for Humanity started a great project in the county which would refurbish about 12 homes with 100 people from AmeriCorps. He commented that this was one of only five communities in the country that have been chosen for this project.

reports – commissioner parks – district 2

summer food drive for school children

Commr. Parks recapped that their staff had been doing a food drive each year for a number of years, and last year the Constitutional Officers joined them in that endeavor.  He explained that the food is given to children who were truly in need to meet the nutritional requirements in the summer that they would not otherwise receive without meal assistance that they receive during the regular school year.  He related that they will be kicking the food drive off in the month of May with distribution points at constitutional offices and libraries with signs that give a specific list of what they were requesting, and he commented that a donation of money to purchase food is most favorable.  He added that they were going to try to get some businesses involved this year as well, and he related that he would provide at his own expense some prizes for teams that contribute the most.

request to check on issues regarding striping on marsh road

Commr. Parks related that he had gotten a request for the County to check on striping issues on Marsh Road in the City of Clermont.

eoc event

Commr. Parks mentioned that he attended and enjoyed the open house at the EOC (Emergency Operations Center) last Thursday, April 18, and he commented that according to an audit, there would be a savings of about $800,000 for city residents that consolidated their dispatch at that location.


proclamation opposing advertising practices of comcast

Commr. Conner related that he had put together a resolution after learning last week that Comcast cable company is refusing to accept advertisements from legitimate gun shop owners, which he opined was unfair, discriminatory, and arbitrary.  He thought that since the Board wanted to welcome firearm businesses into Lake County, they would want to send a strong message that the Board will stand up to defend the rights of gun manufacturers and businesses.  He opined that it was extremely wrong for Comcast to abuse their power by making a political statement because they do not like a certain product.

Commr. Cadwell stated that he would not support the resolution, and he did not think it was the Board’s place to fight against a local business.  He also pointed out that their legislative delegation did not dispute when the legislature took the County’s power away to have any control over the cable companies.

Commr. Sullivan commented that he was undecided about this matter, but he believed that Comcast should know that the Board is in favor of freedom of the press, although he is not sure that a resolution is the right way to do that.  He opined that he did not think a legitimate business should be denied access to advertising.

Commr. Campione related that she was not sure about the statement regarding Comcast having a monopoly of the cable industry, since other companies can get a franchise license to operate in Lake County; however, the cost would likely preclude other companies from doing that, resulting in Comcast having a de facto monopoly.  She also had reservations with telling a company what they think of their policies or dictating what their policies should be; however, she believed the Board is just expressing an opinion with this resolution.

Commr. Parks commented that he appreciated Commr. Conner bringing the issue forward, and he believed that Comcast should allow gun shop advertising.  He suggested addressing the monopoly issue at the state level.

Commr. Cadwell pointed out that there were also the options of satellite television as well as other cable companies in other parts of the county.

Commr. Campione elaborated that the legislature issues the franchise licenses and could establish policies about the parameters for reasonable advertising, and she opined that they could not completely shut out a business altogether.

On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board moved to add the resolution to the Agenda.

On a motion by Commr. Conner, seconded by Commr. Parks and carried by a vote of 4-1, the Board approved Proclamation No. 2013-44 opposing the unfair and discriminatory advertising policies of Comcast Corporation toward firearm businesses.

Commr. Cadwell voted “no.”

reports – commissioner Cadwell – district 5

occupational safety and health week proclamation

On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board moved for approval and execution of Proclamation No. 2013-38 proclaiming May 5-11, 2013 to be North American Occupational Safety and Health Week and May 8, 2013 to be Occupational Safety and Health Professional Day.


law enforcement month proclamation

On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board moved for approval and execution of Proclamation No. 2013-40 declaring the month of May 2013 as Law Enforcement Month in Lake County.

camp challenge pool opening

Commr. Campione related that Camp Challenge will be opening their pool on Saturday, April 27,which will meet ADA requirements.

inmate medical care rfp

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board moved to add the discussion regarding inmate medical care to the Agenda.

Commr. Campione asked for authorization from the Board to proceed with an RFP and work directly with the Sheriff’s Office, which will bring a consultant on board, and hopefully realize savings immediately through this process.

Mr. Heath asked for flexibility by just authorizing staff to start the procurement process, since he did not know whether they would actually do an RFP or work through the Sheriff’s Office.

On a motion by Commr. Sullivan, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board authorized staff to start the procurement process with either an RFP or to work with the Sheriff’s Office regarding inmate medical care.

discussion regarding solid waste rfp

Commr. Campione mentioned that the proposals for the solid waste contracts were due on May 1, and she wanted to discuss a possible change to the RFP before that deadline so that the County did not have to start the process over again.  She related that some residents expressed concern that the Board did not ask for pricing information for twice a week pickup, and she commented that the Board did not have any information to support that decision other than the recommendation from the task force.  She asked for this issue to be put on the Agenda.

Commr. Cadwell opined that the current RFP gives them that flexibility, and he did not think they should slow this process down.  He suggested that they look into the possibility of twice a week trash pickup after Mr. Stivender narrows it down to the top 2 or 3 applicants.

Commr. Campione noted that the RFP does not provide for that right now for the whole area, although they have a catch-all provision that would allow for certain special circumstances for particular communities during the negotiating process.

Mr. Minkoff stated that he believed they would have the flexibility to negotiate twice a week pickup after shortlisting the RFP with the top applicants.

Commr. Conner commented that there is a wide variety of opinions about what the residents prefer regarding solid waste collection, and he did not believe they should charge everyone else for twice a week pickup because of the preferences of one community.

Commr. Campione related that the residents she spoke to indicated that their largest concerns were regarding being able to use trash bags and their current size recycling bins in order to fit them into their garage, as well as whether or not they pick up trash twice per week, and they also indicated that they liked the current system.  She stated that she explained to the residents that the County could not continue to give them the same service they currently have for $184 and the fact that it is currently a subsidized assessment by the general fund; however, she pointed out that the County cannot answer the question of what it will cost for that level of service.  She opined that a delay of 60 days would not set them off track and would allow them to have a workshop to discuss this issue at length.

Commr. Conner commented that they could address her concerns without delaying the RFP process, since they are 52 days into the process already with only 8 days left, and he pointed out that the vendors have put a lot of work in their responses to the RFP.  He also pointed out that it would be impractical for a vendor to give the County a price without knowing what the customer base would be and to make people that do not want pickup twice a week pay for that level of service.

Commr. Campione opined that she did not think it was a smart business move to fix this after the fact, and that it would be risky to do so, especially since this was a very large contract.

Commr. Cadwell noted that they were already doing something different for the Hawthorne subdivision, and he commented that everyone in the Plantation subdivision would have to agree about what they wanted to do if they did that there as well.

Commr. Conner pointed out that the whole idea of the Solid Waste Alternative Task Force was to come up with ways to be innovative, increase recycling, and lower cost, and the Board has already adopted their recommendations.  He opined that it would create a problem for the Board to postpone the process for 60 days to look into twice a week pickup at this point.

Mr. Heath explained that they could not make the timeframe too tight if the Board chooses to do this, because they were dealing with a multimillion dollar contract, and they would have to go back and rework the entire RFP if they change even one thing.  He stated that they would need a minimum of two to three months in order to extend or change the RFP.

Mr. Stivender related that collection does not start for 1 ½ years from now, but they gave the vendors enough time to prepare to buy products to provide services hopefully to get a cheaper price, and they would be cutting into that time if they chose to postpone this.

Commr. Sullivan expressed a willingness to postpone this issue and have a workshop if necessary in order to work some flexibility into the system for communities that needed it; however, he did not want to disrupt the plan they had put in force and believed that they would end up with one day a week pickup anyway.

Mr. Stivender recapped that he had presented a workshop on this issue 1 ½ years ago with the Board in which staff explained the whole process, and he pointed out that they made sure to put the flexibility in the RFP for special situations like at Hawthorne, in addition to a standard 1-1-1 for the rest of the 67,000 units throughout Lake County.

Commr. Campione pointed out that the education period they planned to do was after the fact as opposed to listening to what residents have to say during the process, and she believed there would be several communities along Hwy 27 that would fit into that category.  She noted for the record that she fought hard to take into consideration everyone’s concerns.

Commr. Cadwell opined that they can take care of everyone’s concerns under the current RFP.

Commr. Parks stated that he supported the Chairman’s thoughts regarding this issue.

Commr. Sullivan stated that he decided that they should stick to the current plan, since he believes based on information from staff that they have the flexibility for special circumstances.

manufacturing overlay districts for manufacturing uses

Commr. Campione brought to the Board’s attention that some additional areas in the county were needed which had a proper land use to accommodate manufacturing uses in order to recruit companies to come to Lake County.  She explained that staff has indicated that they could accomplish that by doing an overlay throughout the county pulling out the areas in the county that would not be appropriate, such as conservation areas, and address any of the specifics with the zoning change if they had a particular site that was identified as a site a company was interested in, which would only be a two or three month process.

On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board moved to add this item to the Agenda.

Commr. Campione explained that once they get a company’s specifications, they would start honing in on sites that meet those specifications, and the land use would be in place so that companies could start dealing with the zoning.

On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved for staff to proceed with drafting language for a Comp Plan Amendment that would allow for manufacturing overlay districts throughout the county and to authorize staff to work with the City of Groveland on a site that was appropriate for manufacturing uses as well as assisting Groveland in making an amendment to their Comp Plan, working under their ISBA Agreement.

Commr. Sullivan directed Economic Development staff to share the PowerPoint presentation with the other Commissioners that was given at the City of Leesburg regarding the site the City was trying to develop as well as initiatives that could be done internally to speed up that process.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:40 p.m.



leslie campione, chairman