The Lake County Board of County Commissioners met in regular session on Tuesday, December 18, 2001, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioners' Office; James C. Watkins, Clerk of the Circuit Court; Barbara Lehman, Chief Deputy Clerk, County Finance; and Kathryn A. Schwartz, Deputy Clerk.
The Chairman called the meeting to order.
The Invocation and Pledge of Allegiance were led by Commr. Cadwell.
AGENDA UPDATE
Mr. William A. Neron, County Manager, brought to the attention of the Board Addendum No. 1 to today's meeting. It was noted that the items on the Addendum could be addressed later in the meeting.
Commr. Hanson noted that she would have some additional items, under her reports, to put on the agenda, which may or may not require a vote.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 30, 2001 (Special Meeting - Transportation Forum), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 8, for the following requests:
Accounts Allowed
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 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.
Bonds - Contractor
Request for approval of Contractor Bonds, as follows:
New
5202-02 Richard J. Thomas d.b.a. Thomas Plumbing
5768-02 Mark J. Bordeau/Performance Plumbing, Inc.
5829-02 Thomas A. Mills
5879-02 Laurence D. Grace d.b.a. Municipal Services Co., Inc.
5879-04 Laurence D. Grace d.b.a. Municipal Services Co., Inc.
Cancellations
1783-01 Jim Turner Plumbing
5710-99 United Refrigeration, Inc.
5718-99 Thomas Guenette d.b.a United Refrigeration, Inc.
5725-01 Mark D. Pierson/Pre-Designs, Inc.
5741-00 Frank W. Kurpetski, Jr., d.b.a. Frank W. Kurpetski & Son, Inc.
5788-01 John E. Himmelman d.b.a. Key Masonry, Inc.
5799-01 James Buchanan & Anthony Lanci d.b.a. Everything Electric
Reports/State Agencies
Request to acknowledge receipt of a copy of Audit Report No. 02-093 of Lake-Sumter Community College District Board of Trustees Financial Statements, for fiscal year ended June 30, 2001, from the Auditor General, State of Florida.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 01-32, a Small-Scale Comprehensive Plan Amendment - 2001CPA06, pursuant to 163.3184 F.S., which was approved by the City Commission of the City of Eustis on November 15, 2001. The City enclosed all related documents with the adopted ordinance.
Commissioners/Ordinances/State Agencies
Request to acknowledge receipt of a copy of a letter from the State of Florida, Department of Revenue, acknowledging the fact that the Clerk's Office had notified them that Ordinance No. 2001-123, which extends the 1% Infrastructure Sales Surtax, was approved by the Board of County Commissioners and the fact that the extension of the 1% is effective January 1, 2003, and extends for a period of 15 years, expiring December 31, 2017, unless repealed by ordinance prior to said date.
Bonds
Request for approval of letter to the Bank of New York, trustee for the Lake County, Florida, Industrial Development Revenue Bond, Series 1985 (Scotty's, Inc., Project) bond issue, stating that the County is not aware of any outstanding claims and consents to the execution and recording of the Satisfaction of Mortgage releasing the lien on the real property used by Scotty's, Inc.
Accounts Allowed/Budget Transfers/County Buildings & Grounds
Request for approval that the Board fund unanticipated operating expenses of the Mail Receiving Center and increase the Clerk's Transfer Budget in the amount of $116,671.00, for fiscal year 2002 (based on operations beginning January 1, 2002); and that the Board provide the buildings, remodeling, utilities, phones, water, and other needed ongoing expenditures to get buildings ready for ongoing operations, which include Building 416, a portable classroom, and a mobile trailer.
Accounts Allowed/Budget Transfers/Contracts, Leases & Agreements
County Buildings & Grounds
Request for approval that the Board lease the storefront office space located at 1206 Bowman Street, Clermont (Sunnyside Plaza), and fund unanticipated Clermont Branch operating and capital expenses for the period beginning January 2, 2002, through the remainder of this fiscal year; and direct Facilities and Capital Improvements to perform minor renovation of unit; and fund the associated unanticipated expenses in the amount of $27,435.00, of which $12,375.00 should be added to the Clerk's Transfer for the start-up costs, and the remaining $15,060.00 should be budgeted by the Board in the Clerk's In-House Support Cost Center for the rent, utilities, and phone service costs.
CLERK
Mr. James C. Watkins, Clerk of the Circuit Court, wished the Board a Merry Christmas and excused himself.
It was noted, by the Board, that the Clerk's Christmas Luncheon was a big success and was enjoyed by all.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hill requested that Tab 7 be pulled for discussion.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 22, excluding Tab 7, which was pulled for discussion, for the following requests:
Libraries
Request from Community Services for approval of recommended library closings for calendar year 2002, for the following dates and holidays:
Tuesday, January 1, 2002 - New Year's Day Holiday
Sunday, January 20, 2002
Monday, January 21, 2002 - Martin Luther King Day Holiday
Sunday, February 17, 2002
Monday, February 18, 2002 - Presidents' Day Holiday
Sunday, May 26, 2002
Monday, May 27, 2002 - Memorial Day Holiday
Thursday, July 4, 2002 - Fourth of July Holiday
Saturday, August 31, 2002
Sunday, September 1, 2002
Monday, September 2, 2002 - Labor Day Holiday
Monday, October 14, 2002 - Closed for mandatory in-service training
Sunday, November 10, 2002
Monday, November 11, 2002 - Veterans' Day Holiday
Wednesday, November 27, 2002 - Close at 6:00 p.m.
Thursday, November 28, 2002 - Thanksgiving Day Holiday
Friday, November 29, 2002 - Day after Thanksgiving Holiday
Saturday, November 30, 2002
Sunday, December 1, 2002
Tuesday, December 24, 2002 - Christmas Eve - Close at 2:00 p.m.
Wednesday, December 25, 2002 - Christmas Holiday
Tuesday, December 31, 2002 - New Year's Eve - Close at 2:00 p.m.
Accounts Allowed/Contracts, Leases & Agreements/Grants/Libraries/State Agencies
Request from Community Services for approval and signature of Florida Library Literacy Grant, in the amount of $25,000.00.
Bonds/Resolutions
Request from Community Services for approval to ratify issuance by the Orange County Housing Finance Authority the Homeowner Revenue and Single Family Mortgage Revenue Bonds, Draw Down Series on behalf of Lake County, and approval and execution of Resolution No. 2001-237.
Contracts, Leases & Agreements/Grants/Municipalities
Request from Community Services for approval of amendment to the Community Development Block Grant (CDBG) Interlocal Agreement with the Town of Montverde and authorize the Chairman to sign the amendment and execute the amended contract.
Accounts Allowed/Contracts, Leases & Agreements/Public Defender
Request from Facilities and Capital Improvements for approval and signature on month-to-month lease with Lake Warehouse and Storage for the renewal of storage space for the Office of the Public Defender, in the amount of $3,150.00.
Accounts Allowed/Budget Transfers
Request from Fiscal and Administrative Services for approval of budget transfer from Contingency - County Transportation Trust to Public Works, Books, Publications & Dues, in the amount of $5,000.00. Funds are needed to pay for the West Orange-South Lake Transportation Task Force 2001/2002 membership dues, in the amount of $5,000.00. This expenditure was approved by the Board of County Commissioners on August 21, 2001.
Accounts Allowed
Request from Fiscal and Administrative Services, and Public Works, for approval to reduce the Transportation Impact Fee, required by the Lake County Road Impact Fee Schedule, by 50 percent for an existing 1,220-square-foot building, to be used as a day-care facility, Pat's Kids' World, and to use interest accumulated via other Transportation Impact Fees collected by the County for payment of the waived amount.
Contracts, Leases & Agreements
Request from Fiscal and Administrative Services for approval to extend contract, for Impact Fee Studies, with Nabors, Giblin & Nickerson, P.A., for an additional six months.
Accounts Allowed/Fire Protection
Request from Emergency Services, and Fiscal and Administrative Services, for approval to refund $76,230.00 to Florida Leisure Communities, Inc., on behalf of Pennbrooke Fairways Planned Unit Development, for overpayment of fees relating to fire services.
Contracts, Leases & Agreements/Risk Management
Request from Fiscal and Administrative Services for approval to accept amendment to change the VisionCare Plan contract term.
Subdivisions
Request from Growth Management for approval to execute and record a "Release of Unity of Title" for the North 200 feet of Lots 115, 116 and 117, Florida Hills, recorded in Plat Book 13, Page 59.
Contracts, Leases & Agreements/Subdivisions
Request from Growth Management for approval to accept and execute a Developer's Agreement between Lake County and Shamrock Homes to pull up to six building permits prior to the acceptance of the final plat for Stonegate.
Accounts Allowed/Grants
Request from Public Works for approval to apply for a grant with the Saint Johns River Water Management District for matching funds of $25,000.00 for their Stormwater Management Projects Cost-Share Grant Program.
Accounts Allowed/Bonds/Subdivisions
Request from Public Works for approval and authorization to release a maintenance bond, in the amount of $25,525.00, that was posted for Greater Pines Phase 6 Subdivision.
Accounts Allowed/Road Projects
Request from Public Works for approval and authorization to award the CR-448 Extension Project Number 2001-10 to J. Malever Construction Co., in the amount of $1,370,650.60, and encumber and expend $1,370,650.60 from the Road Impact Fee Benefit District 2 Fund - Commission District 3.
Accounts Allowed/Resolutions/Roads - County & State
Request from Public Works for approval and authorization to release a Letter of Credit for Performance, in the amount of $45,331.00, that was posted for Woodridge Phase IIA; and approval of Resolution No. 2001-238 accepting Woodflower Way "Part" (County Road Number 2-0164B) into the Lake County Road Maintenance System.
Accounts Allowed/Rights-of-Way, Roads & Easements/Road Projects
Request from Public Works for approval and authorization to purchase right-of-way from Mr. Hayden Hale in conjunction with the SR-19/Lane Park Cutoff Signalization Project, in the amount of $860.00.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request from Public Works for approval and authorization to execute a Traffic Signal Maintenance Agreement, between Lake County and the City of Clermont, in the amount of $12,375.00.
Resolutions/Rights-of-Way, Roads & Easements/Road Vacations
Request from Public Works for approval of Resolution No. 2001-239 to advertise Petition No. 976, by Pierce Hardy Ltd. Partnership, to vacate street, easements, and right-of-way in S23, T19S, R25E in the Plat of Silver Lake Estate in the Leesburg area - Commission District 1.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Commr. Hill, having pulled Tab 7 from the County Manager's Consent Agenda for discussion, stated that she recently received information regarding ongoing litigation, in federal court, that has caused her some concern and would, therefore, like to postpone the vote regarding this issue until such time that the County Attorney, Mr. Sanford A. Minkoff, and staff, have had an opportunity to check into the matter.
Mr. William A. Neron, County Manager, stated that he thought that Commr. Hill's concerns could be researched in a timely fashion and then brought back before the Board at its next regular Board meeting scheduled for January 8, 2002. It was noted that Commr. Hill would not be available for this meeting.
Commr. Hill stated that, as long as staff had the opportunity to look into the matter and was comfortable with the results, she would have no problem with pulling Tab 7 and rescheduling it to the January 8, 2002, Board meeting.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to pull Tab 7 from the County Manager's Consent Agenda, a request from Economic Development for approval of agreement to award Jobs Growth Incentive Trust Funds to Florida Underground Services, L.L.C. (d.b.a. Ditch Witch of Central and South Florida), in the amount of $45,000.00, for the creation of 15 new positions paying at least 125% of the Average Annual Hourly Wage ($10.90) in Lake County, and reschedule the request to the January 8, 2002, regular Board meeting, in order to afford Mr. Minkoff, and staff, the opportunity to look into pending litigation matters.
PRESENTATION
RESOLUTION TO FLORIDA CONCRETE CULVERT CORPORATION
FOR THE DONATION OF CONCRETE PIPE
Commr. Pool read into the record and presented Resolution No. 2001-232, approved at the December 4, 2001, regular Board meeting, to Mr. Danny Kirkland, of Florida Concrete Culvert Corporation, and he extended the Board's appreciation to Florida Concrete Culvert Corporation for having donated the 160 feet of 36-inch concrete pipe, at an estimated value of $4,500.00, which will be used to upgrade existing culverts in the Astor area that failed during Tropical Storm Gabrielle.
PRESENTATION
RESOLUTION TO MR. CURTIS CRAIG FOR INFORMATION
REGARDING THE LOCATION OF A STOLEN BULLDOZER
Commr. Pool read into the record Resolution No. 2001-233, approved at the December 4, 2001, regular Board meeting, and he extended the Board's appreciation to Mr. Curtis Craig, who was not able to be present today, for notifying the Board of the location of its stolen bulldozer. He stated that the Board would make sure that the Resolution is delivered to Mr. Craig.
PRESENTATION
CHECK TO CHRISTIAN CARE CENTER
PROCEEDS FROM FOURTH ANNUAL ELECTRICAL SEMINAR
HOSTED BY LAKE COUNTY DEPARTMENT OF GROWTH MANAGEMENT
Commr. Pool presented a check (facsimile) to Mr. Dan McCormick, a representative of the Christian Care Center, in the amount of $7,159.27, representing the proceeds of the Fourth Annual Electrical Seminar hosted by the Lake County Department of Growth Management, Building Services Division, sponsored by the Florida Association of Electrical Contractors and the International Association of Electrical Inspectors. Commr. Pool expressed his appreciation for the work of the Christian Care Center, and he thanked the staff from the Department of Growth Management, Building Services Division, for the outstanding effort on their part, specifically Ms. Sharon Farrell, Senior Director of Growth Management, and Mr. Dale Greiner, Director of Building Services, who were present.
PUBLIC HEARINGS - ROAD VACATION
PETITION NO. 969 - BY JAMES P. CARUSO - CLERMONT AREA - DISTRICT 2 Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding Petition No. 969, by James P. Caruso, to vacate lots, tracts, and rights-of-way in Sections 9, 10, 15, and 16, T22S, R26E, recorded in the Plats of Lake Highlands Company, in the Clermont area - Commission District 2, and a request for approval and execution of a resolution. He stated that staff has been working on the easements and ingress and egress for the last few months. He requested that the Board approve to vacate all the easements throughout the several miles of involved rights-of-way and 10-acre tracts. He explained that the Developer's Agreement (Agreement) is for a donation of right-of-way along Highway 50 and that staff is not only asking for approval of the vacation but also, upon conditional approval of an alternate access, the Agreement, and that this be subject to Mr. Sanford A. Minkoff's, County Attorney, review and approval. He noted that Mr. Minkoff has asked staff to look at this, so that the final wording is taken care of by them, thereby eliminating the need to go back before the Board with the Agreement. He reiterated that Ms. Patti Harker, from the Engineering Department of Public Works, and her staff have thoroughly looked at this, making sure that all the tracts still had legal access, and that they have not vacated or landlocked anybody.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant and the applicant's representative were present.
Ms. Cecelia Bonifay, with the law firm of Akerman, Senterfitt, representing Center Lake Properties, along with Mr. Richard Gonzalez ,Vice President of Center Lake Properties, Ltd., were present. Ms. Bonifay stated that they have worked very closely with Mr. Stivender and Ms. Harker to ensure that no one's access to their property was going to be blocked by the vacation. She confirmed their agreement to enter into the Developer's Agreement She asked the Board to approve both the vacation petition as well as the Developer's Agreement, subject to final review by the County Attorney's Office.
Mr. Gary Butler, a resident who resides off of Jim Hunt Road, on Tract 12, addressed the Board stating that he did not fully understand what was being approved today. He stated that there has been a lot of dispute regarding the survey lines in the Plats of Lake Highlands, including issues regarding his own property concerning what has been done to the rear of his property and the erection of fences. He asked that the homeowners in the area receive more information before the request is approved.
Mr. Stivender clarified that, while Mr. Butler is an adjacent property owner to the subject property, none of the vacations will affect him directly, as far as ingress and egress, or what he may do on his property, because access to his property is off of Jim Hunt Road. He explained that they are vacating roads "on paper," so there are no surveys involved with what is being done today.
Mr. Butler again stated his concerns regarding the effects the modifications would have to his property. He also expressed a desire to hire his own surveyors, citing problems with an an approximately 25-foot property overlap. He stated that he is not happy with the fence that has been put up behind his property and with where the railroad bed has been designated. He felt that the homeowners in the area needed to have a meeting with Pineloch Management Corporation (Pineloch), who represents Center Lake Properties, Ltd., to resolve issues before anything is approved. He inquired if there were plans for paving Jim Hunt Road and if there were plans to put in a road directly behind his property.
Commr. Pool, with the concurrence of Mr. Stivender, advised Mr. Butler that the Board is not now addressing the issue of Pineloch; that today's meeting is only concerned with Public Works' internal closings of lots, tracts, and rights-of-way, which does not affect, externally, the rights of other property owners.
Ms. Bonifay explained that Pineloch has spent a large amount of money and time trying to preserve their property by erecting fencing in the area, to stop the dumping of trash, and Pineloch has also worked very closely with staff to assure that there was no adverse effect to property owners. She stated that at such time that Pineloch may come in for development, then other issues, including Mr. Butler's, could be addressed by the Board. She felt that, through the process, County staff has been very much the advocate of the landowners in the area. She urged the Board to move forward today and approve the petition.
Commr. Pool reiterated that there is no public use of these roads; that it is private property; and that staff was simply cleaning up the plat through the road closures and the vacations.
Mr. Butler thanked the Board for their attention.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Pool stated that he had no problem with Vacation Petition No. 969, which is in his district. It was clarified that the request does include the Developer's Agreement.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Petition No. 969, by James P. Caruso, to vacate lots, tracts, and rights-of-way in Sections 9, 10, 15, and 16, T22S, R26E, recorded in the Plats of Lake Highlands Company, in the Clermont area - Commission District 2, Resolution No. 2001-240.
PUBLIC HEARINGS - ROAD VACATION
PETITION NO. 977 - BY HAROLD A. WARD, III
CLERMONT AREA - DISTRICT 2
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board requesting that Petition No. 977, by Harold A Ward, III, to vacate tracts and rights-of-way in Sections 9 and 10, T22S, R26E, in the Lake Highlands Company subdivision, in the Clermont area - Commission District 2, be postponed. He explained that there is a legal-access issue concerning a small piece of property that is owned by the Florida Turnpike. He asked that the petition be postponed to the Board's next road vacation meeting of Tuesday, January 29, 2002.
Commr. Pool opened the public hearing portion of the meeting and called for public comment concerning the postponement.
Ms. Cecelia Bonifay, with the law firm of Akerman, Senterfitt, representing Mr. Ward, stated that, having just recently received the letter from the Florida Turnpike, they needed more time to look into the matter. She also asked that the Board continue the petition to their next road vacation meeting.
Commr. Pool stated that he had no problem with the postponement of Vacation Petition No. 977, which is in his district.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to postpone Petition No. 977, by Harold A. Ward, III, to vacate tracts and rights-of-way in Sections 9 and 10, T22S, R26E, in the Lake Highlands Company subdivision, in the Clermont area - Commission District 2, to the Tuesday, January 29, 2002, regular Board meeting, due to a legal-access issue.
COMMISSIONERS
At 9:25 a.m., Commr. Cadwell left the meeting.
PUBLIC HEARINGS - ROAD VACATION
PETITION NO. 975 - BY MIMI OGDEN - CLERMONT AREA - DISTRICT 2
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding Petition No. 975, by Mimi Ogden, to vacate rights-of-way in S33, T22S, R26E, in the Plat of the Postal Colony and also in the Plat of Lost Lake Pines, in the Clermont area - Commission District 2, and approval and execution of a resolution. He referred to an aerial map from his files and explained that a new subdivision has been built in the area, and some replatting done, which has resulted in a particular easement that has not been properly vacated. He recommended approval to vacate this piece of right-of-way.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present, and there was no opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Pool stated that he had no concerns with Petition No. 975, which is in his district.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried, by a 4-0 vote, the Board approved Petition No. 975, by Mimi Ogden, to vacate rights-of-way in S33, T22S, R26E, in the Plat of the Postal Colony and also in the Plat of Lost Lake Pines, in the Clermont area - Commission District 2, Resolution No. 2001-241.
Commr. Cadwell was not present for the discussion or vote.
PUBLIC HEARINGS - REZONINGS
CASE NO. PH 82-01-2 - CLERMONT BAPTIST CHURCH, INC.
REV. BRIAN LOVELESS - A TO CFD
TRACKING NO. 150-01-CFD
Ms. Sharon Farrell, Senior Director of Growth Management, informed the Board that staff has recommended approval of the proposed development involving a 16-acre parcel, which is located in the Urban Expansion land use category, from A (Agriculture) to CFD (Community Facility District), for the construction of a church and associated uses. She noted that the Planning and Zoning Commission (P & Z) has also recommended approval, with only a minor change; that Section B, Page 2 of the Ordinance should state that the setback should be 50 feet from Old Highway 50 and 25 feet from the Florida Turnpike.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant's representative was present.
Mr. Phillip Hollis, Hollis Engineering, Inc., representing Clermont Baptist Church, Inc., addressed the Board stating that he concurs with staff's comments and is available to answer any questions.
Commr. Pool disclosed, for the record, that yesterday he met with Mr. Hollis and certain members of the Clermont Baptist Church.
COMMISSIONERS
At 9:28 p.m., Commr. Cadwell returned to the meeting.
CASE NO. PH 82-01-2 - CLERMONT BAPTIST CHURCH, INC.
REV. BRIAN LOVELESS - A TO CFD
TRACKING NO. 150-01-CFD (CONTINUED)
There being no opposition to the request and no further public comment, the public hearing portion of the meeting was closed.
Commr. Pool stated that he had no problems with Case No. PH 82-01-2, which is in his district.
Commr. Stivender made a motion, which was seconded by Commr. Hill, to uphold the recommendation of the Planning and Zoning Commission and approve Case No. PH 82-01-2, Clermont Baptist Church, Inc./Rev. Brian Loveless, A (Agriculture) to CFD (Community Facility District) for construction of a church and associated uses, Tracking No. 150-01-CFD, Ordinance No. 2001-154, with the following amendment: Section B, Page 2 of the Ordinance should state that the setback should be 50 feet from Old Highway 50 and 25 feet from the Florida Turnpike.
Under discussion, Commr. Hill inquired whether the location of the new setbacks would interfere with the location of the proposed bike trail.
Ms. Farrell stated that, during the P & Z meeting, Mr. Fred Schneider, Director of Engineering, Public Works Department, did address the issue, and she noted that staff has or will be meeting with the applicant to work out the details of where the bike trail will be situated and the right-of-way. It was noted that Clermont Baptist Church has agreed to surrender the right-of-way for the bike trail.
Commr. Pool called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
CASE NO. PH 75-01-1 - LEISURE COMMUNITIES, LTD.
STEVEN J. RICHEY, P.A. - A TO PUD
TRACKING NO. 155-01-PUD
Ms. Sharon Farrell, Senior Director of Growth Management, informed the Board that this case involves a Development of Regional Impact (DRI). She stated that the petitioner is requesting to add approximately 9.8 acres to an existing residential DRI and Planned Unit Development (PUD). She explained that this particular request is small enough that there is no need to go through a full-scale DRI process. She stated that staff has recommended approval, and she clarified that this is not a request for additional units. She stated that the Planning and Zoning Commission has also recommended approval.
Mr. Steven J. Richey, Esquire, applicant's representative, addressed the Board and stated that the applicant is requesting to add the acreage in order to spread out the density, and he confirmed that the applicant will not be coming back to request more density.
Commrs. Hill and Stivender disclosed, for the record, that they have spoken with Mr. Richey concerning this request.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant's representative was present and there was no opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case No. PH 75-01-1, Leisure Communities, Ltd./Steven J. Richey, P.A., A (Agriculture) to PUD (Planned Unit Development) for future expansion to an existing single-family residential development, which is a Development of Regional Impact (DRI), Tracking No. 155-01-PUD, Ordinance No. 2001-155.
CASE NO. PH 80-01-2 - JOHN W. TRAVERS, JR./SUNSET LANDING
GREG BELIVEAU, AICP - LPG URBAN & REGIONAL PLANNERS, INC.
AMENDMENT TO PUD ORDINANCE NO. 100-87
TRACKING NO. 151-01-PUD/AMD
Ms. Sharon Farrell, Senior Director of Growth Management, informed the Board that this is a request for an amendment to Planned Unit Development (PUD) Ordinance No. 100-87 to bring it into compliance with the approved Settlement Agreement and preliminary plat design. She noted that there was some discussion at the December 5, 2001, Planning and Zoning Commission (P & Z) meeting regarding the erection of a fence along the eastern and southern boundaries of the property, and she stated that Mr. Travers did communicate to Mr. Greg Beliveau, with LPG Urban & Regional Planners, Inc. (LPG), that he would be willing to erect the privacy fence on the eastern and southern boundaries, if the Board saw the need. Ms. Farrell stated that staff has recommended approval based on the need to clean up the PUD language in order to pull building permits. She confirmed that this request is in Commission District 2.
Ms. Farrell confirmed that there was a request, by a neighbor, at the December 5, 2001, P & Z meeting, to install a privacy fence, as opposed to landscaping. She stated that Mr. Beliveau communicated to her this morning that the easement to the lake that they have been discussing is not actually on Mr. Travers' property, but it is an easement that Mr. Travers has the right to use; that it is a property issue.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant's representative was present and there was no opposition to the request.
LPG's representative, Ms. Teresa Greenham, addressed the Board confirming that the they would be happy to have the Ordinance changed to include the six-foot fence. She noted that the location of the fence would be at the top of a berm, which would give ample screening, to the neighbor, to the east and south.
Ms. Farrell clarified that staff did not see the need for the installation of a fence in the area since there was a lot of property involved, with low density.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Pool stated that he had no problems with moving for approval.
Commr. Stivender made a motion, which was seconded by Commr. Hanson, that the Board uphold the recommendation of the Planning and Zoning Commission and approve Case No. PH 80-01-2, John W. Travers, Jr./Sunset Landing, Greg Beliveau, AICP - LPG Urban & Regional Planners, Inc., a request for an amendment to PUD Ordinance No. 100-87 to bring it into compliance with the approved Settlement Agreement and preliminary plat design, Tracking No. 151-01-PUD/AMD, Ordinance No. 2001-156, with the requirement that a six-foot privacy fence be erected along the eastern and southern boundaries.
Under discussion, Commr. Cadwell stated the opinion that landscaping, on a berm, would look better than fencing.
Ms. Farrell confirmed that P & Z did not include in their recommendation that a fence be erected, simply the willingness to do so, if it became an issue.
Commr. Stivender amended her motion to exclude the requirement that Mr. Travers erect a six-foot privacy fence along the eastern and southern boundaries.
Commr. Hanson amended her second to the motion.
Commr. Pool called for a vote on the motion, as amended, which was carried unanimously, by a 5-0 vote.
CASE NO. PH 70-01-3 - B & F ADVENTURE, INC.
LONG & SCOTT FARMS
TRACKING NO. 141-01-CFD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that this request involves an approximately five-acre tract of land, in the Lake Jem area, for the building of an airstrip. She stated that there was some opposition at the Planning and Zoning Commission (P & Z) meetings of November 7 and December 5, 2001. She stated that staff has recommended approval with conditions of the request for rezoning from A (Agriculture) to CFD (Community Facility District) to construct a modification of a private runway to an existing airport, which is located in Orange County. It was noted that the subject property borders both on the Lake and Orange County lines. She drew the Board's attention to the Ordinance, Page 2, Section 1-A, Land Uses, which sets forth that the airstrip shall be 1,655 feet long, with stormwater management areas, and no other structures. She also addressed the applicable Restrictions, items 1 through 9, found in the Ordinance. She explained that staff has tried to create an ordinance that would protect and address all of the neighbors' concerns. She stated that Restriction Nos. 7, 8, and 9 basically cover what is addressed in Chapter 4 of the Land Development Regulations (LDRs), as far as airports and special districts. She referred to the map, found in the backup material, with the green and yellow lines, and she stated that she thought staff has addressed as many concerns as they could and still recommend approval. She realized that there was still some opposition to the request but that staff continues to support the request, with the conditions and modifications as set forth. Ms. Farrell stated that it was her understanding that the Runway Protection Zone (RPZ) will extend 1,000 feet past the end of the airstrip and will be located entirely on the airport owner's property.
Ms. Farrell submitted an aerial map depicting the subject area (County's Exhibit A).
Commr. Cadwell submitted a copy of the December 17, 2001, letter to the Board, from the Saint Johns River Water Management District (SJRWMD) (County's Exhibit B), to Ms. Farrell, and he asked her to review the letter during the public hearing portion of the meeting.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present along with opposition to the request.
Commr. Stivender disclosed, for the record, that she had a prior meeting with Ms. Shane Connelly, record agent for B & F Adventures, Inc. (B& F), and Long & Scott Farms (Long & Scott), and that she has had telephone conversations with Ms. Barbara Kemp and Ms. Juanita Prescott, who live near the proposed airstrip.
Commr. Hill disclosed, for the record, that she has spoken with Mr. James Prescott, who lives near the proposed airstrip.
Ms. Connelly informed the Board that she too has spoken with Ms. Kemp, on the weekend.
Ms. Connelly clarified that there will be a clear zone of 1,006 feet from the end of the airstrip to the property line of the next property owner. She stated that since the December 5, 2001, P & Z meeting, they have offered to install a heliport, on the Lake County side of the airstrip, in order to support the Lake County Sheriff, the Lake County Emergency Medical Services (EMS) personnel, and to help support the efforts of Angel Flight. Ms. Connelly confirmed that they are in agreement with the restrictions as set forth in the Ordinance; however, they have requested that click-on lights be installed, for the pilots, for use in emergency situations. She discussed the types of aircraft that could land and use this type of a facility, such as Barons; Cessnas, the 172, 182, 210, and 400 Series; and Bonanzas. She stated that they have agreed not to allow Lear jets and aircraft of this sort to use the airstrip.
Mr. Bill Morris, P.O. Box 930, Apopka, Florida, and a private pilot of 38 years, addressed the Board in support of the airstrip. He thought that an airstrip of this nature would draw pilots to the area, who, in turn, would hangar their planes at the airstrip, which would provide a good ad valorem base for the County by adding to its tax base. He stated that the heliport is very important to the area since there is not one in this particular section of Lake County. He encouraged the Board to consider the possible benefits that would be provided by this airstrip. He assured the people, whose residences are located at the end of the runway, that the planes will not be flying over their homes at lower altitudes.
Mr. Jim Graver, 7 West Main Street, Apopka, Florida, president of Alexander Aviation Associates, an insurance firm that specializes in aviation, addressed the Board in support of the rezoning request. He explained that he is very familiar with the area, having started out as an instructor at Orlando Country Airport (OCA) over 20 years ago. He stated that, after reading over the paperwork and actually going to the proposed site of the airstrip, it seemed to be compatible with the requirements of general aviation and public interest, and he did not think it was of any particular detriment to the surrounding structures and residences. He pointed out that the length of the runway, in Orange County, is basically the same length as the Umatilla Municipal Airport's current runway. He explained that the proposed extension of the runway into Lake County is not so much to facilitate larger aircraft to operate but to provide a better safety margin in the event there is a mechanical problem. From the standpoint of noise, he stated that the applicants, to his understanding, have offered to create a noise barrier to the adjacent residential areas. From an insurability standpoint, he stated that his review of the situation indicates that it would be an eminently insurable operation, since it is a private runway; that it is a day airport, with no instrument flying; that there is no flight instruction; and that there will not be any significant operations as one might find at a commercial airport. What it will do is help bring the indigenous aircraft population away from some of the overburdened commercial airports. He emphasized that this is essentially a free airport, which is good for the area.
In response to questions from the Board, Ms. Connelly explained that, in the beginning, it is anticipated that there will be about 30 airplanes on the property, with the hope that this number will increase over time. She pointed out that many of the flights are business oriented and that these people might take an airplane out once a week and may not fly again for two weeks; that, for the most part, these folks will not be making daily flights. In summary, she thought there might be 15 takeoffs and landings per day. She explained that the OCA currently has almost nothing in takeoffs, due to the halting of the crop-dusting operations.
Mr. Ron Henderson, the current manager of OCA, addressed the Board in support of the airstrip. He stated that he has been with OCA, more or less, since 1984, but his intention now is to go with Orlando North, and Ms. Connelly, as a result of OCA being sold. He stated that he has amassed approximately 8,000 hours of flying, most of which has been with twin-engine airplanes, and corporate, and he stated that he plans to continue to fly for his customers, who are all over the state. He stated, however, that he needs more time, and, in order to have more time, he plans to work less at the airport; that his intention is to run the proposed airport and go home, in the evenings, to his wife, with some occasional time off during the weekends.
Mr. Henderson discussed the area of Lake Apopka and the muck farms, explaining that it has been strongly suggested, by the Federal Aviation Authority (FAA), that it be used for flight schools. He pointed out that aircraft that once did low-level maneuvers will no longer be permitted by the owners of this proposed airstrip, because it is privately run and by invitation only, with no arbitrary landing. He discussed the types of aircraft located at the Bob White Airport (BWA), stating that most of them are older, classic airplanes, worth a lot of money, and that they have been directed away from the area of the proposed airstrip, and they no longer traverse the homesites just east of Highway 448; that they turn to the east in order to make a landing. He discussed Orlando Executive Airport (OEA), which has been in business for about 45 years, and he explained that most of their takeoffs and landings are to the east. Mr. Henderson pointed out that most everything that is done at the Leesburg airport is handled at Runway 1-3, which takes off to the southeast, but, with the proposed runway, most of the takeoffs will be to the east.
Mr. Henderson touched on the subject of click-on lights, and he thought that it would be nice to have them, in order to assist in nighttime landings. He touched on the issue of sales tax, which would be generated from airplane sales, and he pointed out that where an airplane is registered is where the associated sales tax is assessed. He addressed the concerns of noise associated with the airplanes, and he discussed property values in the vicinity of an airport.
Ms. Peggy Cox, President of Orange Audubon Society (Audubon), whose membership includes Orange County, South Lake County, and parts of South Seminole County, addressed the Board in opposition to the proposed airstrip. She stated that she was not totally prepared to speak this morning because she was under the impression that this had been postponed for 30 days, and she also thought this was an extension of a runway to be constructed in the Orange County section of the property, and she did not know whether that had been approved by Orange County yet.
Ms. Cox explained that this proposed airstrip is adjacent to and near the SJRWMD Restoration Area of Lake Apopka, where Audubon has been involved and hoped to establish a nature education center. Currently, she explained, the U.S. Fish & Wildlife Services' investigation into the pesticides found in the soils and water in the Lake Apopka area is still under way, and the conceptual plan for the restoration has been put on hold until the U.S. Fish & Wildlife Services releases their facts, figures, and plans for restoration. She stated that in the north-shore area of the Restoration Area, near the old Duda Farms, 2,000 acres are planned to be set aside as a bird refuge for shore birds and wading birds. There was a concern that a general-aviation airport close to the bird sanctuary would be detrimental.
Ms. Cox submitted the draft report of the Lake Apopka Greenways & Trails Task Force (Opposition's Exhibit A), and she stated that the report is from the eco-tourism consultant, for the Lake Apopka Restoration Area, Land Design Innovations, Inc. She explained that plans include a trail, which would be coming around the north side of the lake so that it could be used to connect the trails coming up on the Lake County side and on the Orange County side. She described what would be included in the Restoration Area, such as unpaved roads for bird-watching. She stated that staff from the SJRWMD called her this morning and stated that they have faxed a letter to the Board setting forth their concerns; that they were not notified of this rezoning request and were unaware of the plans of Long & Scott Farms to lease or sell this property to the operators of the airport. Ms. Cox also set forth her concerns regarding three active eagles' nests in the area, and she pointed out that there are federal regulations regarding how close one can get to an active eagles' nest during nesting season.
In closing, Ms. Cox stated that, as a citizen and a person who previously has spent a lot of time in the aviation world, she had concerns regarding the proximity of the proposed airport to the BWA, and she thought that there were a lot of unanswered questions about the airstrip that, perhaps, needed to be addressed, from both sides.
Mr. James Prescott (the father of Mr. James W. Prescott), who resides in the vicinity of the proposed airport, addressed the Board in opposition to the request and stated that it was his understanding, after attending both the November 7 and December 5, 2001, P & Z meetings, that at the December 5, 2001, P & Z meeting they voted to reject the proposal 5-4. He stated that he did not understand the need for the airport; that there were already five airstrips within a five-mile radius; and that a helicopter has the ability to land anywhere in a field.
Mr. James W. Prescott (the son of Mr. James Prescott), who resides in the vicinity of the proposed airport, addressed the Board in opposition to the request stating that he has moved from the vicinity of one airport to where his family currently resides in order to enhance the quality of their lives; that he has what he considers to be his dream home. He stated that he has spent a lot of time in the aviation community, having recently retired from 20 years of service in U.S. Army aviation; that he is intimately familiar with airplanes, helicopters and their operations; and that he has a passion for flying. He pointed out on the aerial map where his and his father's property are located, and he discussed the approach and departure patterns, and propeller noise, in relation to their property. Mr. Prescott confirmed that he did live in the area when the farms were in operation, but, he pointed out, crop dusting is a little different of an operation than general aviation; that crop dusters usually do their flying early in the mornings or evenings, due to the wind factor. He emphasized that, when they bought out there, they knew what they had then, but this proposed airstrip is something different.
Ms. Barbara Kemp, a resident who resides in the vicinity of the proposed airstrip, addressed the Board in opposition to the request stating that, when they bought their property, the airstrips of Long & Scott Farms and Zellwin Farms were still in existence and ran north and south and were parallel to each other. She stated her understanding that the Zellwin airstrip has since been closed down, and when she received the notice regarding the extension of an existing airstrip, she was under the impression that they would be running it further north and south. However, that was not the case; that they have requested to construct into the Long & Scott airstrip but run it east and west, which would put her property right in alignment with the airstrip. She stated that two years ago they built their new home, and when the State bought most of the farm land around Lake Apopka, they thought this was good. She confirmed that there are some planes that periodically she will hear overhead, but they were not taking off and landing directly over her home. She thought it important to consider the safety factors over the tax and income base. She pointed out on the aerial map where her home is located, and she pointed out the location of the existing airstrip. She asked the Board to deny the rezoning request.
Ms. Juanita Prescott (the wife of Mr. James W. Prescott), who resides in the vicinity of the proposed airport, addressed the Board in opposition to the request. She noted that the applicant has brought forward today two items that were not discussed at the prior P & Z meetings, namely, the heliport and the closing of OCA, which are two very important issues. Ms. Prescott pointed out that the aerial map, which everyone has been looking at, is from 1998, and she thought that a more current aerial should have been provided. She mentioned the December 17, 2001, letter from the SJRWMD, to the Board, and she stated that their field office happens to be directly across the street from her property; that the SJRWMD has done a lot of work in the area.
Ms. Prescott discussed the February 2, 2001, letter to Mr. William D. Long, of Long & Scott Farms, from the FAA, which is found in the backup material. She noted that the letter states that a Mr. James R. Loomis has requested that the December 5, 2000, application be amended from public use to private use. She inquired if the Board or staff knew who this person was and what his interest in the airstrip was. It was noted that the Board and staff did not have an answer for her at this time but that staff would get back to her with an answer.
Ms. Prescott stated that of the 15 landowners that were sent the notice of the proposed airstrip, nine have responded that they do not want it. She stated that the Long & Scott folks have many hundreds of acres on which to place this airstrip, and she suggested that it instead go in a direction which is away from their homes. She also discussed the issue of Jones Avenue and Duda Road, which, during heavy rains, flood; that the drainage ditches on either side of the roads overflow and disseminate water throughout the farm lands. She expressed the opinion that putting a landing strip in under these conditions would not be a good idea, and she pointed out that if the airplane hangars are located on the Orange County side of the airstrip that Lake County would not receive any taxes. She felt that there were many controversial issues that still needed to be addressed, and she asked the Board to deny the request.
Commr. Cadwell stated, for the record, that, while the SJRWMD did just send their letter to the Board, they were notified, along with everybody else.
Mr. Graver addressed the Board with regard to reasons why the original north-south airport is being abandoned. He stated that agricultural operations tend to be at lower altitudes than typical general-aviation operations, and, since the original airstrip runs north and south, its pattern orientation would conflict with the BWA, and it was thought that it would be a very hazardous situation. He did not think there was a compatible use for the north-south runway. He noted that Orange County has already approved their part of the airstrip, and that their portion of the airstrip is not contingent upon the Board's approval in Lake County; that they are simply looking for the ability to extend the airstrip, for safety reasons. He pointed out that the approved runway length of 2,300 feet in Orange County is roughly equivalent to the length of the airstrip at Umatilla Municipal Airport and that he would run a commercial operation off of a 2,300-foot runway but would prefer an extended airstrip, for safety purposes. He did not know why the applicants did not add to the eastern side of the airstrip, which is already in Orange County. He thought it may be a land-ownership issue.
Ms. Connelly explained that B & F and Long & Scott are one in the same and that Mr. Loomis is a partner in the endeavor, and, due to his interest in the airstrip, Mr. Loomis had requested that the December 5, 2000, Notice of Landing Area Proposal be amended from public use to private use.
Ms. Connelly stated that there are currently three airports in the area, down from seven, and that there are no plans for reestablishment of these airports.
Ms. Connelly addressed the issue of extending the airstrip farther east into Orange County, and she explained that this could not be done because currently they are using everything they can on their property; that if they were to go any farther east, they would end up in the SJRWMD. She pointed out on the aerial map the end of their runway and where the SJRWMD land begins. She stated that the airplanes will be taking off going from the east to the west, or from the west to the east, with a preferred easterly takeoff. She noted that the airstrip was 2,345 feet in length on the Orange County side.
Mr. Ron Parks, a neighbor of the Prescotts and Kemps, addressed the Board in opposition to the rezoning request. He stated that his property backs up to the Long & Scott property, and he stated that the runway will basically be going toward his house. He pointed out that most of the issues that he wanted to address today have already been discussed, but he wanted to be on the record as being opposed to the airstrip, especially with the new advent of heliports. He felt the rezoning request continues to get bigger each time they talk about it. He stated that he would like to see the actual approval from Orange County, and how it is worded, before any further consideration is given to the Lake County rezoning request.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Stivender explained that the heliport was a suggestion of hers, when speaking with Ms. Connelly, in order to find other avenues that would be beneficial to Lake County.
Commr. Cadwell felt that, without the heliport, or similar endeavors, there really was no benefit to Lake County approving this airstrip. He stated that, in the past, he has been a proponent of small airports, but, with the SJRWMD's concerns, the rural nature of the development, and the fact that this is a private airstrip, and, not trying to look at where the two county lines are drawn, he felt the proposed airstrip was a business, with the part of the business that is in Lake County not being of any benefit to the County; therefore, he did not intend to support the request.
Commr. Hill concurred with Commr. Cadwell in that she too could not see any benefit to Lake County. She stated that, if the airstrip were to be approved, Lake County would need to provide services to the airport. She expressed her appreciation to the applicant for trying to work with the Lake County Sheriff's Office and EMS, but she felt that Lake County would ultimately need to provide these services to that part of the airport in Lake County; therefore, she would not be voting for approval.
Commr. Stivender commented that, when she met with Ms. Connelly, she was trying to give her some ideas that would help show there was some benefit to Lake County and that this is why she had requested that she check with the Lake County Sheriff, Angel Flight, and those types of operations. She recognized the concerns that the residents had who lived in the area.
On a motion by Commr. Stivender, seconded by Commr. Hanson, and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and denied Case No. PH 70-01-3, B & F Adventure, Inc./Long & Scott Farms, a request to rezone from A (Agriculture) to CFD (Community Facility District), to construct 1,655 lineal feet of private runway and stormwater retention, which is an extension of an airport into Lake County from neighboring Orange County, Tracking No. 141-01-CFD.
Commr. Pool stated that he appreciated the input from all the parties, and he wished the applicants much success in their endeavors to go forward and build their airport in Orange County.
At this time, Commr. Stivender recognized Mr. Gerald Smith, Chairman, Lake County School Board, and Ms. Phyllis Patten, Lake County School Board, who were present to observe today's meeting.
COMMUNITY SERVICES/LIBRARIES
Mr. Roy Hunter, from Paisley, Florida, representing the members of the Northeast Lake Chamber of Commerce, addressed the Board regarding the Thursday, December 13, 2001, dedication of the new Paisley library. He thanked all those involved, both from the Lake County government and the community, for the tremendous amount of teamwork that brought this endeavor to fruition.
RECESS & REASSEMBLY
At 10:28 a.m., the Chairman announced that the Board would recess for 15 minutes.
CASE NO. PH 76-01-2 - PROFESSIONAL REALTY ADVISORS, INC.,
AS TRUSTEE FOR MINNEHAHA JOINT VENTURE/DALE LADD,
HIGHLAND DEVELOPMENT CONSULTING SERVICES - R-1 TO R-3
TRACKING NO. 149-01-Z
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that the request for rezoning, from R-1 (Rural Residential) to R-3 (Medium Residential), involves a parcel of land that is a little under 95 acres in size. She stated that this request for rezoning is in the Urban Expansion land use category and that staff, after running the points, has come up with a little over 2.5 units per acre, which would limit the project to 2.5 units unless the applicant were to add central sewer, which would then, most likely, increase the number of units per acre. Ms. Farrell explained that, under Urban Expansion, staff would normally support and promote higher densities and would proceed with utilizing the maximum that they could; however, staff could not support this particular request due to the applicant having applied for straight zoning, with the utilization of septic tanks. She noted that, under the County's Comprehensive Plan (Comp Plan), Policy 1-1.6A and B would prohibit the utilization of septic tanks in the certificated utility area, and staff could not support the request unless it were to come back with the inclusion of central water and sewer. She thought that the request should have possibly been presented as a Planned Unit Development (PUD), which would have incorporated all the properties involved, and the County could have perhaps gotten some of the commitments, which had been made in the public hearings, incorporated in an ordinance.
Ms. Farrell stated that this morning she met with Mr. Dale Ladd, who represents Professional Realty Advisors, Inc., and who will be presenting to the Board a Developer's Agreement (Agreement) (Applicant's Exhibit A) between himself and Mr. Kevin Hawkins, a neighboring property owner, and other property owners in the area, which she thought would address some of the concerns of the neighbors. She stated that the Agreement does not address staff's concerns with regard to septic tanks, utilities, and infrastructure but does address some of the other issues raised at the public hearing. She stated that staff is not supportive of this particular request but that the Planning and Zoning Commission (P & Z) did support the Agreement, which committed Mr. Ladd to some of the promises made at the public hearing. She noted that there were some letters of opposition found in the backup material and that there were some people in opposition who were present today.
Ms. Farrell, in answer to Commr. Stivender's inquiry, addressed the issue of the location of a project within a utility district which will not provide services. She discussed options available to developers, such as the construction of package plants and later hooking up to utilities, as they become available. She clarified that the County has not been presented anything by staff from the City of Clermont which states that they are not interested in providing utilities, and she stated that, historically, cities have provided water and sewer to neighboring areas but that there has been a change in direction recently. Ms. Farrell discussed the location of the subject parcel in relation to the proposed South Lake Connector (Connector). She stated that staff's biggest concern was that it could not support something that was in violation of policy and the Comp Plan.
Commrs. Hanson, Stivender, Hill, and Pool disclosed, for the record, that they previously met with Mr. Ladd.
Commr. Cadwell disclosed that he met with Mr. Ladd on some transportation issues but not regarding this particular rezoning case.
Commr. Hanson clarified that she too met with Mr. Ladd on some transportation issues, and this particular rezoning case was brought up at the same time.
Mr. Sanford A. Minkoff, County Attorney, spoke about the Agreement presented by Mr. Ladd and explained that two of the adjacent property owners, Mr. Ladd and Mr. Hawkins, have entered into this Agreement, which limits the way in which Mr. Hawkins can develop his property, primarily enforceable by Mr. Ladd, and provides that the County could refuse to approve certain development aspects if they were not found to be in accordance with the Agreement, thereby limiting lot sizes and densities, etc.
Ms. Farrell stated that she was not sure if the Agreement was enforceable and again stated that staff would like to see a PUD, with central water and sewer being provided. She thought that the Agreement addressed a lot of the neighbors' concerns regarding lot sizes, the number of units, and the development being consistent where it abuts the Lake Ridge Club subdivision. She noted, however, that the Agreement does not address the septic-tank issue.
Commr. Pool opened the public hearing portion of the meeting and called for public comment.
Mr. Dale Ladd, representing Professional Realty Advisors, Inc., gave an historical overview of the issue. With the use of maps (found in the backup material), he pointed out the subject property and clarified that what they were hoping to have rezoned today is the land to the east of Lake Louisa Road, and he explained that the property that is involved in the development is not under consideration for rezoning because on the west side of Lake Louisa Road is the Green Swamp Area of Critical State Concern. He explained that the development is part of the project at a much lower density, and it is not part of the rezoning.
Mr. Ladd discussed some of the challenges and complications of the case, in particular the construction of the last portion of the Connector. He explained that they have written commitments, to the Department of Public Works, for the dedication of right-of-way, and that, ultimately, 90 percent of the cars should be able to bypass Lakeshore Drive and connect with Highway 27. He stated that Mr. Hawkins designed the development to basically facilitate the alignment that the Department of Public Works wanted for the Connector. He discussed the layout of the road per Public Works' design and noted that it took a great deal of space out of Mr. Hawkins' property. He explained what he thought was a much more advantageous route for the road, which would eliminate the large sweeping curves.
Mr. Ladd spoke about his December 5, 2001, presentation to P & Z and some of the promises that were made concerning the development, such as the total number of lots, lot sizes, the size of lots contingent to the Lake Ridge Club subdivision, and the size of the homes. He read into the record the conditions of the Agreement. Mr. Ladd stated that the overall density for the project is 1.8 units per acre, which includes that portion of the project that is not being considered for rezoning. He clarified that although the Agreement reflects 239 available lots there are actually only 236 lots available, due to three lots being lost when the lots contiguous to the Lake Ridge Club subdivision were made the same width as the adjoining property. Mr. Ladd further discussed Mr. Hawkins' agreement to allow the County to share the water-retention area for the road and to provide the necessary easements; the prohibitive nature of a PUD, from a developer's standpoint; and septic tanks.
Mr. Ladd answered questions from the Board on the following issues: the impact of children in the area; the use of impact fees to help pay for the building of new schools and roadways; the criterion under which schools can or cannot be built; and the need for the Connector.
In response to Commr. Pool's inquiry of whether or not he would be willing to mandate that the septic tanks be pumped out on a more frequent basis than what the rules governing the Green Swamp Area of Critical State Concern require, which was thought to be once every five years, Mr. Ladd stated that he did not think he would have a problem with requiring that the septic tanks be pumped out once every two years, and he thought that Mr. Hawkins would probably also agree to this request. Mr. Ladd addressed some of the problems associated with package plants and noted that they were generally undesirable in neighborhoods. He suggested that the County look into a regional sewage treatment plant of its own, since the City of Clermont has indicated that they are not interested in servicing outside their city limits.
Commr. Hanson noted that a position such as the one taken by the City of Clermont poses a real concern to the County because it precludes it from following its Comp Plan and that it has been assumed that the cities would provide the utilities, having indicated in the past a willingness to do so. She stated that if there is a change in philosophy by the municipalities, then the County would need to seriously look at being in the utilities business.
Mr. Richard Pendergast, a member of the Lake Ridge Club Homeowners' Association, addressed the Board and stated that the realignment of the Connector has caused some problems, noting, however, that most everyone would like to have the road. He stated that the developers have been concerned that the new road will take too much land away from the project which, in turn, would require smaller lots within the development and, consequently, density problems. He expressed the opinion that if the County wants construction of the road, then it should condemn the land, pay the owners for the land, and put the road in, rather than putting the burden on adjoining property owners. Mr. Pendergast clarified that the homeowners in the Lake Ridge Club subdivision are not a party to the Agreement; however, they have been trying to get an agreement with Mr. Ladd. He encouraged the Board to postpone the decision today until the homeowners have had an opportunity to evaluate the Agreement and perhaps come up with an additional agreement between the Lake Ridge Club Homeowners' Association and Mr. Ladd and Mr. Hawkins.
Mr. Minkoff commented that the County is not a party to the Agreement and is only listed as an entity that had enforcement rights. He stated that, clearly, additional parties could be added to the Agreement, if it was desired. He noted that an advantage of adding the Lake Ridge Club subdivision to the Agreement is that the two parties could not change the Agreement without the Lake Ridge Club subdivision's approval.
Mr. Jerry Owings, a resident of the Lake Ridge Club subdivision, addressed the Board stating that the same basic project, with the road property being given to the County, came up earlier, in 1997, and the Board, after reviewing the issues, such as utilities, traffic on Lakeshore Drive, and the welfare of the individuals in the area, rejected the proposal on the position of first involving the public health, safety, and welfare, and other issues, and that the project could better be resolved through a PUD submission. He explained that the property for the road and the basic subdivision was pretty close to what is being submitted today except that they were asking for R-2 zoning in 1997.
Mr. Owings stated that, after working with Mr. Ladd, and he, in turn, with Mr. Hawkins, they are very close to resolving the issues, but he thought that there was a need for time to sit back and look at the Agreement more closely. He expressed his concerns regarding the traffic situation on Lakeshore Drive, noting that the traffic volumes have been increasing daily. He stated that everyone is in favor of the Connector but that some concerns have been expressed that the subdivision would be begun and completed, before the Connector, which would then feed its associated traffic out onto Lakeshore Drive causing more problems than already exist. He agreed with Mr. Pendergast and thought the issue should be postponed for a week or so in order to allow time to speak with Mr. Ladd.
Mr. Ladd stated that he did not think that he had a problem with postponing a decision on the issue until the Board's next regularly scheduled meeting of January 8, 2002, as suggested by Commr. Cadwell; however, he would prefer to get a decision today.
Mr. Fred Schneider, Director of Engineering, Public Works Department, addressed the Board regarding concerns from the residents that the road would not be completed before all the construction is done for the residential sites. He discussed a potential agreement with Mr. Ladd wherein staff would move forward with the design of the roadway, through an agreement with the Board, using impact-fee dollars, and that he would have the option to bid the project and also move it forward. He stated that, most likely, if everything fell together, the road project could begin within the next year.
Commr. Stivender suggested that Mr. Ladd could put in his Agreement that they would not build any homes in the development until the road has been completed.
Mr. Ladd stated that he could not address that but that would be something that he and Mr. Hawkins could consider. It was noted that the key is that the Board would want to make sure that the road is consistent with what the Board is trying to accomplish and that the situation not occur where the houses have been built, but the road is not there. Mr. Ladd addressed this concern by stating that the road project and the housing project would be pretty much on the same time schedule. It was suggested that language be put in the Agreement stating that they would not do one until the other was finished. Mr. Ladd discussed some of the problems associated with that, and he stated that the only reason he is involved in the construction of the road is to try to expedite it.
Commr. Pool stated that he would like to see the road put in and would also like an additional agreement regarding the septic tanks being pumped once every two years, as opposed to once every five years, as the Board moves forward to its January 8, 2002, meeting, unless water and sewer would be available by then.
Mr. Gerald Smith, Chairman of the Lake County School Board (School Board), addressed the Board with respect to overcrowding in the schools, both currently and in the future. He concurred with Mr. Ladd, stating that there must be a proven need before one can justify and approve the building of another school; that this is an issue that needs to be addressed internally with the School Board, the Board of County Commissioners, and the municipalities.
Mr. Smith discussed the importance of the Connector, also noting that Lakeshore Drive is a very dangerous road. He expressed the following opinions: that right-of-way should be paid for and should go where it belongs and best serves the community, not necessarily where a developer is willing to provide it, and that impact-fee structures should provide for the condemnation of right-of-way; that there is a need to separate the valuation of densities and developments from where roads of regional impact need to be placed. He posed the question: If the Connector is built in the City of Clermont, with utilities, is there a way of tying utilities down for the development, through the Connector. He stated that he was a little disappointed that staff from the City of Clermont were not present today, because this is an area that is considered infill, an area where the City of Clermont should grow. He hoped there was a way for the schools, County, cities, and utilities to work together, since this area is important to everyone, and he thought it looked good where the Connector is planned to be situated. He explained that if the development is not approved, the schools in the area would be at and over capacity within two years, even with the new schools that are already scheduled to open.
Commr. Cadwell noted that historically cities have used utilities to create annexations to expand their tax base, and some cities have also used utilities to stop development.
Mr. William A. Neron, County Manager, commented that there have been ongoing negotiations regarding Joint Planning Areas (JPA), and he felt that utilities are going to be a key factor for the future when shaping the growth and development of the community. He thought that the Board may need to look at the County and/or a group of cities forming a regional utility authority so as to assure that water and sewer systems are in place when and where they are needed, which would get the County more in the business of planning some of these critical infrastructures.
Commr. Pool agreed that a regional plant may be what the County needs, or, in the alternative, septic tanks, which are far better than package plants. He thought that pumping the septic tanks once every two years was a pretty important rule to have.
Commr. Pool stated that, unless someone has any further comments, they are going to be tabling the request to the January 8, 2002, regular Board meeting.
Ms. Nancy H. Fullerton, representing herself as a resident of Clermont and a property owner in south Lake County, stated that she would prefer to address her statements to the Board today and not wait until the January 8, 2002, Board meeting. She summarized her prepared comments from her letter dated December 8, 2001 (found in the backup material), to the Board. She asked that the Board uphold staff's recommendation and vote to deny the rezoning request, which would more than double the number of homes allowed under current law. She opposed the request due to the cumulative effect that all of the recent rezonings have had to the water supply, water quality, lake levels, schools, and gridlocked roads. The main point she wished to make today was that rezoning decisions must be adjusted to the reality of current conditions, and she strongly disagreed with the mind-set that past decisions should guarantee the continuation of similar decisions in the present. She discussed the role of government with respect to the management of growth in the Clermont area, noting that controlling the increases in density is a vital way in which the County can help to minimize the cumulative effects of new development on its water resources and every other growth problem that has been under discussion today.
Ms. Fullerton asked the Board to consider to what extent the County and the City of Clermont have discussed the application for rezoning and whether the City of Clermont's water resolution has been considered. She stated that discussion needs to occur, regarding the concurrent availability of water, with the Saint Johns River Water Management District, the City of Clermont, and Lake Utility Services, Inc., before a rezoning decision is made. She stated that the septic tank-sewer service issue should follow the Comp Plan; that the traffic impact study should be completed and the Connector in place before more increased density rezonings are approved; and that the property issue involving the Green Swamp Area of Critical State Concern should not be a factor in this rezoning.
Mr. Fullerton noted that Chairman Pool has stated that he wishes to focus on water-consumption issues during his term and has also urged Mr. Neron to assess already-approved developments throughout the County in order to assist the Commissioners when deciding whether to approve new projects in the future. She asked that the Board support Chairman Pool's goals by slowing down development until all the answers are received. She asked the Board to deny this rezoning application and let the land be developed as the law allows for R-1 zoning, with approximately 94 houses.
In closing, Ms. Fullerton asked for clarification regarding the following statement from the P & Z minutes of December 5, 2001: "When Mr. Ladd asked if a Developer's Agreement is possible on a straight rezoning, Ms. Fuchs replied that contract zoning is not allowed in Florida under Florida laws. Although Mr. Ladd can agree to do certain things if this rezoning is approved, staff can only require Mr. Ladd to do what is allowed under R-3 zoning and not what he promised."
Commr. Pool stated that staff has commented that their goal and recommendation would be to see a central water and sewer system and then increase densities to 4.0 units per acre.
Ms. Fullerton stated that she did hear this comment, which is why she wanted to make her statement today. She stated that managing growth has a definite relationship to lowering the densities.
Commr. Pool concurred and stated that this is why they have agreed to 2.0 units in place of 4.0. He thanked Ms. Fullerton for her help.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Pool, noting that this request for rezoning is from his district, stated that at this time he would like to have the issue tabled until the date certain of January 8, 2002, at 9:00 a.m.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to table Rezoning Case No. PH 76-01-2, Professional Realty Advisors, Inc./Dale Ladd, Highland Development Consulting Services, a request for rezoning from R-1 (Rural Residential) to R-3 (Medium Residential) for 201 single-family residential homesites, Tracking No. 149-01-Z, to the regular Board meeting of Tuesday, January 8, 2002, at 9:00 a.m, as the first item on the agenda.
PUBLIC HEARING
FEDERAL FISCAL YEAR (FFY) 2000 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER)
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board, along with Ms. Elizabeth Eginton, Community Development Block Grant (CDBG) Director, and Mr. Strait Hollis, Community Development Specialist. Mr. Smith stated that communities that receive CDBG entitlement dollars, such as Lake County, are required to submit a Consolidated Annual Performance and Evaluation Report (CAPER), on an annual basis, which outlines how the funds were used during the subject program year. He referred to the CAPER found in the Board's backup material. He explained that a public hearing is required, in order to receive citizen input on the report and before it is approved and ultimately submitted to the U.S. Department of Housing and Urban Development (HUD), the Jacksonville field office. He asked Ms. Eginton to make her presentation at this time.
Ms Eginton gave a brief presentation outlining the accomplishments and activities of the CDBG program during fiscal year 2000-2001, as reflected in the CAPER report. She discussed the highlights of the report and cited the expenditures and the many different recipient programs. She stated that the CAPER is due on December 31, 2001, and will be mailed, after its approval by the Board, to the HUD office in Jacksonville, Florida. She thanked all who partnered with them to make the CDBG Program a success, and she stated that they would be happy to answer any questions that the Board might have.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that he was pleased with the administration and results of the program. He thought that the cities that have been involved and that were in partnership with the County have been very pleased with the direction of the program. He expressed his appreciation for everyone's efforts in making the program a success.
Commr. Pool commented that the benefits of the program have been tremendous, especially in the Lake Kathryn and Paisley areas; that some definite improvements have been made in the roads and housing.
Commr. Hanson recognized Ms. Eginton's expertise in the administration of the CDBG/CAPER and appreciated her efforts and hard work.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the Federal Fiscal Year (FFY) 2000 Consolidated Annual Performance and Evaluation Report (CAPER), for the Community Development Block Grant (CDBG), as presented, and approved for the Department of Community Services to transmit the CAPER to the U.S. Department of Housing and Urban Development's Jacksonville field office.
PUBLIC HEARING
ORDINANCE AMENDING CHAPTER 6, BUILDING CODE
LAKE COUNTY CODE
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board stating that the purpose of the proposed ordinance is to adopt amendments to the Lake County Code, Chapter 6, specifically the new language from the Florida Building Code, when it becomes effective on January 1, 2002. She explained that it is important to note that when the Florida Building Code becomes effective at the State level is when it will become effective at the County level. She stated that the ordinance provides for wind speed lines, as they relate to Lake County, and she stated that the County will be adopting the private-swimming-pool portion of the Florida Building Code, and certain language from the administrative section of the 1997 Standard Building Code. She stated that Ms. Jean Kaminski, Executive Director of the Lake County Homebuilders' Association, is present today, who might have some comments to make regarding the ordinance. Ms. Farrell stated that staff is recommending approval of the ordinance.
Mr. Sanford A. Minkoff, County Attorney, placed the following proposed ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, REGARDING AMENDMENTS TO THE LAKE COUNTY CODE ("CODE") CHAPTER 6, BUILDINGS AND CONSTRUCTION, ARTICLE I AND ARTICLE II; PROVIDING FOR AMENDMENTS TO CHAPTER 6 OF THE LAKE COUNTY CODE IN ORDER TO PROVIDE CONSISTENCY WITH FLORIDA STATUTES, TO ENFORCE THE FLORIDA BUILDING CODE, TO MAKE CERTAIN ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE, AND TO ADOPT THE FLORIDA BUILDING CODE'S PRIVATE SWIMMING POOL REGULATIONS REGARDLESS OF FLORIDA BUILDING CODE'S EFFECTIVE DATE; AMENDING CODE SECTION 6-2, ENFORCEMENT; AMENDING CODE SECTION 6-3, APPEALS; AMENDING CODE SECTION 6-21, ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Pool opened the public hearing portion of the meeting and called for public comment.
Ms. Kaminski addressed the Board, on behalf of the Lake County Homebuilders' Association (LCHA), stating that the LCHA is in agreement with the adoption of this ordinance because it simply adopts the Florida Building Code, which has been moved from January 1, 2002, to March 1, 2002.
Ms. Kaminski took the opportunity, at this time, to ask the Board to consider deleting what she considered to be confusing language found at Section 6-2(2), of the Lake County Code (Code), relating to bedrooms. After some discussion regarding impact-fee dollars and the public's health, safety, and welfare, she suggested that the County should perhaps rely upon the architect's description of the room, as a part of the design of the home, and not leave it up to the County to decide. She requested that the Board consider deleting Section 6-2(2), and the criteria 1 through 8, from the Code.
Commr. Stivender stated that she had the same concerns and tended to agree with Ms. Kaminski, as long as there was a qualified engineer or architect involved who has sealed the set of plans and is responsible for correctly identifying the rooms. She noted that the Board has been refunding impact fees where it has been determined that the homeowner has been incorrectly charged for a bedroom.
Ms. Farrell stated that their main concern is public safety and not the determination of impact fees; that they do collect impact fees, but they are not really involved in the assessment of the impact fees and where they are spent.
Mr. Minkoff explained that the building official must make this determination regardless of what the engineer or architect puts in the plans. He emphasized that the purpose of this section was to provide the builders with some guidelines, having none to go by in the past. He explained that the builder needs to make the decision regarding bedrooms each time he looks at a set of plans, not the engineer or architect, regardless of what the room is called on the plans.
Commr. Hill confirmed that in the impact fee studies that are being conducted they are looking at addressing rooms by the unit, which would eliminate any confusion.
Mr. William A. Neron, County Manager, reminded the Board that there is a January 15, 2002, Board workshop during which impact fees are scheduled to be discussed. He suggested that the Board go forward as planned, and, based on the Board's decisions at the workshop, the issue may be resolved, or, if not, they could come back and address this issue in a more studied format. He thought it was a little premature to delete the language at this time; that to do so might be creating more problems.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2001-153, amending Chapter 6 of the Lake County Code, to incorporate the necessary language for the enforcement of the new Florida Building Code.
Commr. Hanson stated that she appreciated staff's efforts, in particular Mr. Dale Greiner, from the Building Services Department, and Ms. Kaminski, for working with the building community to attain acceptance and understanding of the Code.
Commr. Pool commented on the good working relationship between the Building Services Department and the builders.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PUBLIC WORKS/RIGHTS-OF-WAY, ROADS & EASEMENTS
ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding the Purchase Agreement to purchase property from the Kristen L. Bartch Family Limited Partnership (Partnership) and Mr. Timothy H. Sennett for right-of-way in conjunction with the Thomas Avenue Extension in the North Leesburg/Fruitland Park area, in the amount of $181,622.80. He discussed, in detail, the location of the property, using the map found in the backup material. He gave a brief history of the case, touching on the calculation of cost per acre, water retention areas, and flooding. He stated that if the Board were to consider the right-of-way donations by the Partnership, along with the land acquisition, the cost is under $10,000.00 an acre. He felt that, after taking into account all the considerations, it was beneficial for the Board to move forward with the Purchase Agreement, as presented.
Commr. Hill thanked Mr. Stivender for his detailed explanation.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval and execution of a Purchase Agreement with the Kristen L. Bartch Family Limited Partnership and Mr. Timothy H. Sennett for right-of-way in conjunction with the Thomas Avenue (#1-5108) Extension Project in the North Leesburg/Fruitland Park area, in the amount of $181,622.80.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PUBLIC WORKS/RIGHTS-OF-WAY, ROADS & EASEMENTS
ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding the CR-25 Widening and Resurfacing Project, the layout of which was planned in1996. He stated that staff is requesting to award the project to Gray Materials & Contracting (the low bidder) and is also requesting approval and execution of the Agreement Between Mr. James H. Mayfield and Mrs. Joan Mayfield Kirby for Conveyance of Right-Of-Way Property. He gave a brief description of what the project entailed. He recommended that the Board approve to award the project to Gray Materials & Contracting and to move forward with the Agreement with the Mayfields.
Commr. Cadwell commented that last year the Board met with the residents of Water Oak Estates and that they understood how the project was to progress. He stated that he supported the request.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval and authorization to award the CR-25 Widening and Resurfacing Project No. 2002-03 to Gray Materials & Contracting, in the amount of $1,090,989.50; encumber and expend $1,090,989.50 from the Road Impact Fee Benefit District 3 Fund; and approved the request for approval and execution of the Developer's Agreement Between Lake County and Mr. James H. Mayfield and Mrs. Joan Mayfield Kirby for Conveyance of Right-Of-Way Property in conjunction with the realignment of the intersection of CR-25 with the U.S.27/441 portion of this project.
ACCOUNTS ALLOWED/PUBLIC WORKS/WATER RESOURCES/VOLUNTEERS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board informing them of a request to approve funding, in the amount of $10,000.00, to the Saint Johns River Water Management District (SJRWMD) for the Watershed Action Volunteer (WAV) Program. He recognized Ms. Maryann Utegg, the Lake County coordinator of the WAV program, as being present. He described the Scope of Services, as found in the backup material, as a service contract whereby volunteers serve the needs as associated with water-quality issues throughout the County. He recommended approval.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval of funding, in the amount of $10,000.00, to the WAV Program, to perform services as outlined in the Scope of Services.
ACCOUNTS ALLOWED/GRANTS/PUBLIC WORKS/WATER RESOURCES
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding the submission of a Stormwater Cost-Share Grant Application to the Saint Johns River Water Management District (SJRWMD). He stated that the County is requesting grant monies in order to conduct inventories regarding drainage systems to determine which systems need improvement and/or retro-fit to address any water quantity and quality issues, for the basins and watersheds of Lake Louisa, Lake Minnehaha, and Lake Minneola. He explained that money was needed not only from Lake County's stormwater funding sources but also from the SJRWMD, in order to move forward with these studies.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the request for approval of the submission of a Stormwater Cost-Share Grant Application to the SJRWMD, which will request a 50% share ($62,500.00) of the estimated cost to complete a drainage system inventory and characterization in the Lake Louisa, Lake Minnehaha, and Lake Minneola basins.
ACCOUNTS ALLOWED/GRANTS/PUBLIC WORKS/WATER RESOURCES
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding a request to submit a Stormwater Grant Application to the Lake County Water Authority (LCWA) for the purpose of acquiring financial assistance for five prioritized projects in the Lake Griffin Basin. He explained that this funding would be in conjunction with stormwater funds from the County.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the request for approval to submit a Stormwater Grant Application to the LCWA for five stormwater construction projects in the Lake Griffin Basin. Mr. Stivender noted that staff has already received bids on one of the stormwater construction projects and that they will be bringing the request for approval before the Board in January.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PUBLIC WORKS/ROAD PROJECTS
ROADS - COUNTY & STATE/STATE AGENCIES
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding a request for approval to execute the Joint Participation Agreement (JPA), Amendment Number 1, between Lake County and the State of Florida Department of Transportation (FDOT). He stated that the funding previously provided by the County, an advance deposit of $600,000.00, for the Project Development and Environmental (P D & E) Study, would be rolled over and applied to the design phase of SR-50, thereby releasing and forgiving the obligation of the FDOT to use these funds to reimburse the County for the P D & E Study. He stated that, since the project has been funded at the State level and is already moving forward rapidly, staff recommends approval; that it is a good investment for this particular project; and that they expect a return in dollars, for six-laning SR-50, in a short period of time.
On a motion by Commr. Hanson, seconded by Commr Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval to execute the Joint Participation Agreement, Amendment Number 1, between Lake County and the FDOT, which forgives the FDOT's obligation to return to Lake County said funds and to instead utilize them for the design phase of the SR-50 six-lane project.
Commr. Pool acknowledged the representative from the FDOT, District 5, and agreed with his statement that working together as a partnership is very beneficial to both the County and the State.
OTHER BUSINESS
APPOINTMENTS - RESIGNATIONS/COMMITTEES
Commr. Hanson informed the Board that she met with the Environmental Protection Advisory Board, which has recommended that Mr. Mark L. Slaby be appointed to the vacant position.
Commr. Hanson made a motion, which was seconded by Commr. Stivender, that the Board approve the appointment of Mr. Mark L. Slaby to the vacant position on the Environmental Protection Advisory Board, representing the Business Community, and completing a term ending April 1, 2003.
Under discussion, Commr. Cadwell commented that he personally knows Mr. Slaby and was sure that he would do a good job.
Commr. Cadwell inquired if the Environmental Protection Advisory Board addresses issues, in the course of their business, regarding the Covanta incinerator.
Commr. Hanson replied that they usually do not.
Commr. Pool called for a vote on the motion which was carried unanimously, by a 5-0 vote.
APPOINTMENTS - RESIGNATIONS/COMMITTEES
Commr. Hanson informed the Board that there were three applicants who have applied to serve on the Elder Ready Study Committee, and she noted that one of the applicants, Ms. Candace A. Birle, was a Seminole County resident.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the appointments of Mr. Donald M. Martin and Ms. Dolores A. Miller to vacant positions on the Elder Ready Study Committee.
Mr. Sanford A. Minkoff, County Attorney, addressed the Board asking for a clarification of which applicant will be representing District 3 and which one will be representing District 2.
Commr. Stivender stated that she would like Mr. Martin to represent District 3, which would leave Ms. Miller as the representative for District 2.
Mr. Minkoff stated that the clarification was sufficient and that no another motion was necessary.
APPOINTMENTS - RESIGNATIONS/COMMITTEES
The Tavares City Council voted, on November 21, 2001, to appoint Ms. Dorothy A. Keedy as its representative and Ms. Harriett Schwanke as its alternate representative to the Lake County Library Advisory Board.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the appointment of Ms. Dorothy A. Keedy as the Tavares Public Library member, and Ms. Harriett Schwanke as the Tavares Public Library alternate member on the Lake County Library Advisory Board.
REPORTS - COUNTY ATTORNEY
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/INDIGENTS
Mr. Sanford A. Minkoff, County Attorney, addressed the Board requesting that the agreement between Lake County and Mr. R. Thomas Carle, Esquire, be renewed. He explained that Mr. Carle provides backup legal representation for indigent criminal defendants in cases where a conflict arises. He explained that Mr. Carle is paid on a per-case basis and that the arrangement has worked out very well in the past. He recommended approval.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval of renewal of the agreement between Lake County and Mr. R. Thomas Carle, Esquire, and the Public Defender, for legal representation for indigent criminal defendants, in the amount of $10,000.00.
LAKE COUNTY WATER AUTHORITY/LAKE PALATLAKAHA
RESOLUTIONS
Mr. Sanford A. Minkoff, County Attorney, addressed the Board regarding a resolution setting the boat speed limit on Lake Palatlakaha. He noted that there was a Lake County Water Authority (LCWA) representative who is present to explain their recommendation to the Board.
The representative from the LCWA addressed the Board explaining that this resolution is a conditional idle speed/no-wake zone that would only take effect when the lake levels reach and exceed 97 feet in elevation, in flood conditions. He explained that a sign will be placed setting forth these restrictions at sometime in the future; that there is no need to immediately erect the sign, due to the lake elevations being so low; and that the signs have already been made by the Sign Shop. He stated that the LCWA would also have water-level gages installed at these signs so that the boater going through will know the correct elevation and whether or not he should proceed at idle or normal operation. It was clarified that this resolution was now before the Board in order to avoid an emergency situation in the future; that the speed limits were not idle speed limits throughout the area; and that 97 feet is the elevation that has been chosen to protect the shoreline.
Commr. Pool, noting that this request involves a matter from his district, stated that he was in favor of the resolution, in order to protect the property owners along the shoreline.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval of Resolution No. 2001-242 setting the boating speed limit on Lake Palatlakaha, at 97 feet or above.
ADDENDUM NO. 1
REPORTS (CONTINUED) - COUNTY MANAGER
ACCOUNTS ALLOWED/LAWS & LEGISLATION/STATE AGENCIES
Mr. William A. Neron, County Manager, addressed the Board regarding item A-1, from the Addendum. He asked the Board for direction concerning the Florida Association of Counties (FAC) Educational Campaign and Legislative Strategy, noting that the County has recently received information from the FAC which suggests that counties support them in an education effort by taking out one-page ads in the news media in order to help make the public aware of the possible ramifications if legislative costs were shifted to the County in the area of additional mandated expenses or health-care costs. He explained that if the Board chose to comply, in order to be timely, it would need to do so prior to the next legislative session, which begins early in January 2002. He stated that staff has done a quick estimate of cost by contacting the Lake Sentinel and The Daily Commercial, and that the cost of a one-time full-page ad insertion, on a Sunday, would be almost $4,000.00. He stated that the County does not have money budgeted for this, so it would have to come from the reserve or contingency account, if the Board should desire to proceed in that direction.
Commr. Cadwell stated that he would prefer to continue to lobby the local delegation in the same fashion as the County has in the past and would prefer to let the larger metropolitan areas go this route, if they so choose. He stated that he does not recommend that the County move forward with this part of the action plan.
Mr. Neron stated that staff has no problem with that and will take that as direction to take no action.
REPORTS - COMMISSIONER HILL - DISTRICT #1
PROCLAMATIONS
Commr. Hill addressed the Board regarding item B-1, from the Addendum, stating that she would like to bring forward a proclamation regarding Martin Luther King, Jr, which she would like to present in January 2002.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval and execution of Proclamation No. 2001-243 proclaiming January 21, 2002, as a day to celebrate the life and dreams of Martin Luther King, Jr.
GROWTH MANAGEMENT/MUNICIPALITIES
Commr. Hill brought to the Board's attention the possibility of a short-term moratorium on growth until all the County's services are in place, such as water and sewer. She discussed the County's Joint Participation Agreements (JPAs) and thought that the JPAs and the services could be discussed with the municipalities at the Board's upcoming workshops.
Commr. Pool stated that he has already asked Mr. Sanford A. Minkoff, the County Attorney, regarding the feasibility of a moratorium. He stated that, upon receipt of the information from Mr. Minkoff, he would pass it on to Commr. Hill, who expressed an interest in receiving this information. It was noted that there was a question of legality: Can the County legally inhibit growth?
After some discussion occurred, Commr. Hanson suggested that the Board have Mr. Lance deHaven-Smith, of deHaven-Smith & Associates, return to Lake County and then work with those cities that are willing to work with the County.
Mr. Neron informed the Board that he has been in touch with Mr. deHaven-Smith, and he thought that it was important that the Board members determine a date on which to conduct a workshop concerning this matter as soon as possible. The Board members agreed and noted that the County has a Comprehensive Plan that it needs to continue to adhere to.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
RESOLUTIONS/ROADS - COUNTY & STATE/STATE AGENCIES
Commr. Hanson addressed the Board and informed them that she had been approached and requested to have a resolution approved which supports the designation of a part of SR-19 as the "PFC Robert M. McTureous, Jr., Medal of Honor Memorial Highway." She stated that it is already in the works, through the Legislature, but that the Lake County Board has been requested to also approve a resolution in support of the designation.
Commr. Hanson made a motion, which was seconded by Commr. Stivender, that the Board approve the request for approval and execution of Resolution No. 2001-236 supporting the designation of a portion of SR-19, in Lake County, as the "PFC Robert M. McTureous, Jr., Medal of Honor Memorial Highway."
Under discussion, Commr. Pool inquired if the rank of Private First Class ("PFC") was important and needed to be included in the designation.
Commr. Hanson responded that she assumed the designation of "PFC" should be included in the designation; that this is how the County received it. She asked that Commr. Cadwell look into the matter.
Commr. Pool stated that the motion could be made and amended with the request that it be clarified whether the designation of "PFC" is necessary. Commrs. Hanson and Stivender agreed.
Commr. Pool called for a vote on the motion, as amended, which was carried unanimously, by a 5-0 vote.
ADDENDUM NO. 1 (CONTINUED)
REPORTS (CONTINUED) - COMMISSIONER HANSON - DISTRICT #4
RESOLUTIONS
Commr. Hanson addressed the Board regarding item D-1, from the Addendum, concerning the Paisley, Florida, and the Paisley, Scotland, "Sister City" designation. She explained that Paisley, Florida, is not actually a city and could not qualify for the designation of "Sister City."
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for approval to revoke Resolution No. 2001-114, approved by the Board on June 19, 2001, supporting Paisley, Florida, becoming a "Sister City" to Paisley, Scotland, since Paisley, Florida, is not a city and would not qualify for such a designation.
Commr. Hanson noted that the citizens of Paisley, Scotland, and Paisley, Florida, are cooperating and communicating very well, so the relationship is moving forward even without the designation of "Sister City."
LAWS & LEGISLATION/WATER RESOURCES
Commr. Hanson addressed the Board regarding item D-2, from the Addendum. She stated that she wanted to be sure that the Board had received the request for inclusion of the funding request, by the Astor/Astor Park Water Association, Inc., with the County's legislative package for the upcoming January 2002 Legislative Session. She referred to the backup found in the Addendum No. 1 package.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the request for approval of the addition of a request for funds, by Astor/Astor Park Water Association, Inc., to the Lake County 2002 Legislative Package.
SOLID WASTE MANAGEMENT SERVICES
Discussion occurred regarding Commr. Hanson's recommendation that the Board move forward with the investigation into the continued financial feasibility of the Solid Waste/Universal Collection System. It was explained that there were some minor revisions that needed to be addressed, and it was the consensus of the Board that Mr. William A. Neron, County Manager, would have staff bring it to the Board's attention at its February workshop.
GRANTS/MEETINGS/OUTDOOR RECREATION
Discussion occurred regarding the three-day Public Land Acquisition and Management Partnership Conference that Commr. Hanson attended, in Howey-in-the-Hills, on December 12 through 14, 2001. She stated that it was a very, very good meeting and that she gathered some information regarding options on the proposed Sugarloaf Mountain Land Acquisition Project. She noted that significant grant dollars were available to the County, through Florida Communities Trust, and that the application deadline for these moneys was the end of August 2002. It was suggested that the Board take a good look at the issue at the next Board Retreat, scheduled for Friday, February 1, 2002, and that the Board consider where it might want a regional park. Mr. William A. Neron, County Manager, was asked to have staff find out some more information on the process with Florida Communities Trust and present it at the Board Retreat in February.
Commr. Stivender stated that she would like to be involved in this process because she has met with the owners/residents of Sugarloaf and together they are trying to work out a solution.
Commr. Hanson stated that she did bring a lot of information back from the conference in Howey-in-the-Hills and that she would share it with staff and the Board members.
ADDENDUM NO. 1 (CONTINUED)
REPORTS - COMMISSIONER POOL - DISTRICT #2
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Commr. Pool brought up for discussion item C-1, from the Addendum, a request that the Board consider the firm of Alcalde & Fay, Government and Public Affairs Consultants, as lobbyists for Lake County, at the federal level. He discussed the attributes of Alcalde & Fay and particularly noted that the firm has the ability to generate large returns on an investment. He asked the Board to discuss and/or make a motion today for the approval of the firm as Lake County's representative in Washington, D.C.
Commr. Cadwell discussed the document entitled "History of Successes" (found in the backup material), and he noted the tremendous benefits derived by some of the surrounding counties, especially in Osceola County. He thought that approval of the firm would be of great benefit to the County but that the County would need to act quickly if it intends to approve the firm this year.
Mr. Sanford A. Minkoff, County Attorney, stated that Lake County does have a copy of Osceola County's contract with Alcalde & Fay, which he thought was for $5,000.00 a month, or $60,000.00 a year. He believed that Lake County had already budgeted $70,000.00, for this line item this year. It was reiterated that if the County does not receive the benefits and the generated dollars, as hoped, that there is a 30-day cancellation clause in the contract; that it is not a contract which requires the County to pay the full amount up front; that it is a monthly payment and can be canceled at any time.
Commr. Hanson made a motion, which was seconded by Commr. Stivender, for the Board to approve the firm of Alcalde & Fay, Government and Public Affairs Consultants, as lobbyists for Lake County, at the federal level.
Under discussion, Commr. Cadwell pointed out that it is very easy to monitor their work for the County; that they will be under the direction of the Board; and if, at the end of the term of the contract, the County is not satisfied with their work that it can move on to something else. It was confirmed that the funding for this request has already been budgeted.
Under discussion, Commr. Pool expressed his appreciation for the vision of the Board, and he thought the use of Alcalde & Fay would be of benefit to the County and its citizens.
Commr. Pool called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
AGENDA UPDATE
A request was made by Commr. Cadwell to place on today's agenda an item involving the assistance of a lobbying firm to represent Lake County, in Tallahassee.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place the item on the agenda, as stated above.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Commr. Cadwell addressed the Board regarding the use of Nabors, Giblin & Nickerson, P.A. (Nabors & Giblin), which is already under contract with the County, to do some additional work for the County. He suggested that the Board expand on one of its current contracts with Nabors & Giblin and ask them to represent the County at the January 2002 Legislative Session in Tallahassee. It was noted that there is about $25,000.00 already allocated in the budget for lobbying that has not been spent, both at the state and federal levels.
Mr. William A. Neron, County Manager, suggested to the Board that in its motion it authorize staff to negotiate an agreement, up to $25,000.00, with Nabors & Giblin, and that, at the state and federal level, the Board authorize contracts to be prepared and the Chairman be authorized to sign those contracts so as to avoid the necessity of bringing them back before the full Board.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the request for approval, as stated by Mr. Neron, which authorizes Mr. Neron to negotiate an agreement, up to $25,000.00, with Nabors & Giblin, and authorizes that contracts for lobbying, both in Tallahassee and at the federal level, be prepared for Alcalde & Fay and Nabors & Giblin and provides that the Chairman be authorized to sign these contracts so that they do not have to be brought back before the Board. It was noted that the funds have already been budgeted, but not spent, for lobbying.
AMBULANCES - HOSPITAL DISTRICTS/E-911/EMERGENCY SERVICES
Commr. Pool expressed his appreciation for all those who worked very hard at an accident scene that occurred on Monday, December 17, 2001, on Highway 474, due to someone running a red light. He stated that personnel did a very good job and should be commended for the hard work. He stated that if folks would stay behind the red lights and not run them that we would see a lot fewer accidents in the area.
At this time, the Board wished everyone a happy holiday season.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:44 p.m.
________________________________________ ROBERT A. POOL, CHAIRMAN
ATTEST:
___________________________________
JAMES C. WATKINS, CLERK
KAS/BOARDMIN/12-18-01/1-24-02