BCC Board Meeting Minutes

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 24, 2003

The Lake County Board of County Commissioners met in regular session on Tuesday, June 24, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Robert A. Pool. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Judy Whaley, Deputy Clerk.

INVOCATION AND PLEDGE

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Cadwell noted that there is an Addendum No. 1.

Mr. Bill Neron, County Manager, announced that Ms. Emogene Stegall, Supervisor of Elections, has requested that her presentation on polling places be postponed until July 1, 2003.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Hill requested that the Board pull Tab 1 for a comment.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 10, and Addendum No. 1, as follows:

Environmental Services

Request for approval and authorization for the Chairman to execute Florida Department of Environmental Protection’s Waste Tire Grant application for fiscal year 2003-2004, grant agreements, subject to County Attorney approval, and associated periodic reimbursement requests.

Public Safety

Request for approval to enter into a 20-year lease agreement with renewal options with the Stacks Foundation, a non-profit 501(c)(3) qualified corporation, for the construction and operation of a spay/neuter clinic.

Public Works

Request for approval for the amount of $11,000.00 to cover additional Architect/Engineering (A/E) design services to address outstanding components that were not anticipated in the original scope of work for the Judicial Center Parking Lot and bollards. These components are Secured Parking Lot Design changes, Gazebo area design, and preliminary design of the Monument Signage.

Request for approval to enter into a “Joint Participation Agreement” with the Lake County Water Authority for a “Stormwater Park” that will provide stormwater conveyance, water quality treatment, flood attenuation and passive recreation opportunities. The park will be on the north side of Getford Road, east of Eustis. The estimated cost of $700,000.00 does not include the additional improvements, such as trails (would require other funding sources).

Request for approval and authorization to purchase right of way in the amount of $5,000.00 from Glen L. Brown, Jr., as General Partner of Sunset Hill Groves in conjunction with the SR 46 and Suneagle Drive Intersection Improvement Project in the Sorrento area.

Request for approval to accept the following:

Statutory Quitclaim Deeds

M. Kenneth and Sara L. Boykin

Libby No. 3 Road, RD# 2233, OR 2327/PG 0143

G. Mark & Marilyn B. Smith

Libby No. 3 Road, RD# 2233, OR 2320/PG 1355

Mario and Sanjuana Garcia

Turkey Lake Road, RD# 2924, OR 2327/PG 0140

Elizabeth B. and William H. James

Turkey Lake Road, RD# 2924, OR 2320/PG 1351

Statutory Warranty Deeds

Michael Jamal Nesheiwat and Jamal Nesheiwat

Citrus Tower Blvd., RD# 1350, OR 2331/PG 0659

Michael Jamal Nesheiwat and Jamal Nesheiwat

Citrus Tower Blvd., RD# 1350, OR 2331/PG 0669

Lawrence D. & Shirleen Yetter

Dexter Road, RD# 9589, OR 2318/PG 900

Phyllis A. Butler and William H. Cauthen (Trustees)

Hesburn Way, OR 2320/PG 1362

Tommy D. and Maria Devier

Libby No. 3 Road, RD# 2233, OR 2320/PG 1359

Temporary Non-Exclusive Construction Easement Deeds and Perpetual Grading

Easements

Michael Jamal Nesheiwat and Jamal Nesheiwat

Citrus Tower Blvd., RD# 1350, OR 2331/PG 0664

Michael Jamal Nesheiwat and Jamal Nesheiwat

Citrus Tower Blvd., RD# 1350, OR 2331/PG 0674

Lawrence D. and Shirleen Yetter

Dexter Rd., RD# 9589, OR 2318/PG 904

Michael Jamal Nesheiwat and Jamal Nesheiwat

Hook Street, RD# 1346, OR 2331/PG 0654

Request for approval and authorization to advertise for bids for the SR-46 and Suneagle Drive Intersection Improvement Project No. 2003-13 at a total estimated construction cost of $390,000.00, of which $151,750.00 is to be funded by a grant with the Office of Tourism, Trade and Economic Development (OTTED) and the remaining $238,250.00 is to be funded by Infrastructure Sales Tax (Renewal) - Commission District 4.

Request for approval of Resolution 2003-98 to advertise Vacation Petition No. 1006 by Terry T. Neal representative for Herbert M. Weaver Estate to vacate drainage easement shown on the Plat of Orange Blossom Gardens Unit 3.1B located in Section 7, Township 18 South, Range 24 East in the Lady Lake area - Commission District 5.

Request for approval of Resolution 2003-99 to advertise Vacation Petition No.1007 by Manoochehr Motamedi to vacate the drainage and utility easement between Lot 6 and 7 as shown on the Plat of Royal Trails Unit 1, Block 12, located in Section 18, Township 18 South, Range 29 East in the Pine Lakes/Cassia area - Commission District 5.

Budget and Administrative Services - Budget

Request for Budget transfer - Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $285,000.00 as requested. Transfer $285,000.00 from Special Reserve to Machinery and Equipment. Per BCC approval on February 11, 2003, funds are needed for installation of a new fiber optic ring that will provide data and telephone connectivity to all buildings on the Tavares campus, including the required telephone and computer hardware to connect to the new fiber. Funds are available in Special Reserve.

County Manager

Request for approval and authorization for the County Manager to sign the “Partner Certification” form to accompany Lake County School Board grant application.

COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)

Commr. Hill stated that, to be consistent, she is voting “no” on the request for approval of the resolution for Collection, Management and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2003-2004.

On a motion by Commr. Hanson, seconded by Commr. Pool, and carried by a vote of 3-2, the Board approved and authorized the Initial Assessment Resolution 2003-100 for Collection, Management and Disposal of Solid Waste and Recovered Materials for fiscal year 2003-2004 and each fiscal year thereafter until discontinued or changed.

Commissioners Hill and Stivender voted “no.”

PUBLIC HEARINGS - VACATIONS

VACATION PETITION NO. 1000 - CARL J. FRANKITO

Mr. Jim Stivender, Public Works Director, stated that Vacation Petition No. 1000 is a request to vacate a street located in Section 32, Township 18 South, Range 28 East in the unrecorded Plat in the Lake Norris/Cassia area, Commission District 5. He showed the map, which is included in the backup material, and stated that staff recommends approval.

Commr. Cadwell opened the public hearing. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-101, Vacation Petition No. 1000, by Carl J. Frankito, a request to vacate a street located in Section 32, Township 18 South, Range 28 East in the unrecorded Plat in the Lake Norris/Cassia Area, Commission District 5.

VACATION PETITION NO. 1001 - GENE SMITH

Mr. Jim Stivender, Public Works Director, stated that Vacation Petition No. 1001, Gene Smith, is a request to vacate a right of way located in Section 28, Township 19 South, Range 26 East in the corrected Plat of Heights Extension in the Tavares area, Commission District 3. He showed the map, which is included in the backup material, and stated that staff recommends approval to vacate.

Commr. Cadwell opened the public hearing. It was noted that the applicant was present.

There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-102, Vacation Petition No. 1001, by Gene Smith, a request to vacate a right of way located in Section 28, Township 19 South, Range 26 East in the Corrected Plat of Heights Extension in the Tavares area, Commission District 3.

VACATION PETITION NO. 1002 - CALVIN C. LEE & GASKINS

Mr. Jim Stivender, Public Works Director, stated that Vacation Petition No. 1002, Calvin C. Lee and Ivan Gaskins, is a request to vacate easements located in Section 22 and 23, Township 21 South, Range 24 East in the Mascotte/Groveland area, Commission District 3. He showed the map, which is included in the backup material, and stated that staff recommends approval to vacate.

In response to an inquiry by Commr. Hill regarding this issue being heard by the Board or the Board of Adjustments in the past and whether there was a letter from the Georgia Tech Foundation indicating their approval or disapproval, Mr. Stivender stated that there was a rezoning for a PUD (Planned Unit Development).

Mr. Rick Hartenstein, Planning and Development Services, stated that there were no letters or mention of an easement when the applicant filed for a rezoning and that this request to vacate would not deny any access.

Commr. Hill pointed out that the memorandum in the backup material indicates it would appear that the vacation of these easements may deny access to property owned by Georgia Tech Foundation, Inc.

Mr. Stivender stated that Georgia Tech has frontage on County Road 33 and they would have been notified of this proposed vacation as an abutting property owner.

Commr. Cadwell opened the public hearing.

The applicants, Calvin C. Lee and Ivan Gaskins, were present. Mr. Lee clarified that the applicants’ names are Calvin C. Lee, not Calvin C. Lee Smith, and Ivan Gaskins.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-103, Vacation Petition No. 1002, by Calvin C. Lee and Ivan Gaskins, a request to vacate easements located in Section 22 and 23, Township 21 South, Range 24 East in the Mascotte/Groveland area, Commission District 3.

VACATION PETITION NO. 1003 - JOHN & DEBRA OLAH & CANDY HURLEY

Mr. Jim Stivender, Public Works Director, stated that Vacation Petition No. 1003, John & Debra Olah, Trustees, and Candy O. Hurley, is a request to vacate an easement located in Section 23, Township 22 South, Range 26 East, in the Lake Highlands Subdivision, located in the Clermont/Montverde area, Commission District 3. He showed the map, which is included in the backup material, and stated that this request was before the Board in 1991. He stated that staff recommends denial of the vacation because of legal access issues. He stated that staff has a letter of complaint against the petition from Mr. Warren Cheever, the property owner to the east. Mr. Stivender explained that the easement provides legal access to the Cheever’s rear lots but does not provide viable access, in most cases, because of water running through and crossing the easement and because of a heavily wooded area. He explained that some of Mr. Cheever’s property does front on Old U.S. Highway 50, but some of the rear property does not.

Commr. Cadwell opened the public hearing.

Mr. Jimmy Crawford, Attorney with Gray, Harris & Robinson, P.A., representing the applicants/petitioners, the Hurleys and the Olahs, who own property on both sides of the easement, stated that the purpose of vacating the easement is so that the Olahs will be able to build a home on their property. He stated that this is a paper access only and showed three maps, which were presented to the Deputy Clerk and marked as Exhibit A-1 for the applicant. He noted that the 1000' easement that is the subject of the request degenerates into wetlands and he pointed out that Mr. Cheever’s Lot 47, which may be denied access, is not recognized as a separate lot by Lake County. He stated that, if the owner decides to sell Lot 47, he would have to do a lot split and provide an easement to it through an upland. Mr. Crawford stated that, in 1991, a 15' portion on the south side was vacated to try to handle an encroachment issue. He showed a copy of the minutes of the February 19, 1991, Board meeting, which were presented to the Deputy Clerk and marked as Exhibit A-2 for the Applicant. A compilation of photographs was presented to the Deputy Clerk and marked as Exhibit A-3 for the Applicant. In showing the photographs, Mr. Crawford remarked that the nature of the easement is wooded and wet and is impractical as an access. He requested the vacation because it does not deny anyone legal access since legal access is still available, although not practical, from Old U.S. Highway 50. He opined that eliminating an easement through a wetland is a public benefit.

In response to an inquiry by Commr. Stivender regarding an application for a variance, Mr. Crawford explained that a variance is an option but not as good an option as eliminating an unusable road through a wetland.

Commr. Pool stated that, if the public easement remains, the wetland area could be used by persons on four-wheelers and that might be a reason to approve the vacation.

Mr. Warren Cheever stated that he purchased his property in 1958 with an understanding that there is a right of way through it. He stated that, because he might have to sell some of the property in the back, he should have access to it. He asked the Board to deny the request.

Mr. Crawford stated that Mr. Cheever still has legal access to Old U.S. Highway 50.

In response to an inquiry by Commr. Stivender, Mr. Stivender stated that staff recommends denial of this existing easement, even though it is a wetland and a “paper” easement, not a viable access, based only on current rules.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution 2003-104, Vacation Petition No. 1003, John & Debra Olah, Trustees, and Candy O. Hurley, a request to vacate an easement located in Section 23, Township 22 South, Range 26 East, in the Lake Highlands Subdivision, located in the Clermont/Montverde area, Commission District 3, because it does appear the property owners (Cheevers) would be able to have access, from Old U.S. Highway 50, to the back part of Lot 47 during a lot split.

VACATION PETITION NO. 1004 - RONALD AND MEI MOSS

Mr. Jim Stivender, Director of Public Works, stated that he has a letter from the petitioner requesting postponement of Vacation Petition No. 1004 by Ronald and Mei B. Moss to vacate and cease maintenance on a portion of Umatilla Road (#8047) and a portion of the platted lots within the Plat of Dream Lake Poultry Ranches located in Section 5, Township 18 South, Range 26 East in the Umatilla area, Commission District 5. He showed the map, which is included in the backup material, and explained that this was a major access road that has been mostly replaced by County Road 450. Mr. Stivender stated that staff recommends approval of the postponement.

Commr. Cadwell stated that he does not want to hear this vacation request until the associated zoning case comes before the Board.

Commr. Cadwell opened the public hearing.

Mr. Steve Richey, Attorney, representing the petitioner, stated that he does request a continuance because the zoning case will come before the Board on August 26, 2003.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the postponement, until August 26, 2003, of Vacation Petition No. 1004 by Ronald and Mei B. Moss to vacate and cease maintenance on a portion of Umatilla Road (#8047) and a portion of the platted lots within the Plat of Dream Lake Poultry Ranches located in Section 5, Township 18 South, Range 26 East in the Umatilla area, Commission District 5.

VACATION PETITION NO. 1005 - PINNACLE COMPANIES

Mr. Jim Stivender, Public Works Director, stated that Vacation Petition No. 1005, Pinnacle Properties, is a request to vacate roads, streets and rights of way shown on the Plat of Sorrento Hills (Phase I & II) Subdivision located in Section 7, Township 19 South, Range 28 East, in the Sorrento area on County Road 437 and State Road 44, Commission District 4. He showed the map, which is included in the backup material, and stated that staff recommends approval of the request.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant’s representative was present, and no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution 2003-105, Vacation Petition No. 1005, Pinnacle Companies, a request to vacate roads, streets and rights of way shown on the Plat of Sorrento Hills (Phase I & II) Subdivision located in Section 7, Township 19 South, Range 28 East, in the Sorrento area on County Road 437 and State Road 44, Commission District 4.

PUBLIC HEARING - REZONINGS

Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, stated that staff received a letter on Agenda No. 4 (Randy Hillman, Trustee/Galleon Bay) requesting postponement until August 26, 2003. He requested a postponement on Agenda Nos. 5, 6 (Robert Shakar) and 7 (Hartle Groves, Inc.), which are part of the Clermont Joint Planning Area, until August 26, 2003.

REZONING CASE PH # 18-03-2 - RANDY HILLMAN, TRUSTEE

GALLEON BAY - RANDY JUNE, JUNE ENGINEERING CONSULTANTS, INC.

A TO R-1 - TRACKING # 34-03-Z

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment on the postponement, until August 26, 2003, of Case PH#18-03-2, Randy Hillman, Trustee, Galleon Bay, Randy June, June Engineering Consultants, Inc., a request to rezone from A (Agriculture District) to R-1 (Rural Residential), Tracking #34-03-Z.

No one wished to speak in opposition to the postponement. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to postpone, until August 26, 2003, Rezoning Case PH#18-03-2, Randy Hillman, Trustee, Galleon Bay, Randy June, June Engineering Consultants, Inc., a request to rezone from A (Agriculture District) to R-1(Rural Residential), Tracking #34-03-Z.

REZONING CASE PH#16-03-2 - ROBERT SHAKAR, JOHN P. ADAMS

GREG BELIVEAU, LPG URBAN & REGIONAL PLANNERS

R-6 AND A TO PUD - TRACKING #33-03-PUD

COMPREHENSIVE PLAN TEXT AMENDMENT CASE LPA#03-4-1

ROBERT SHAKAR - GREG BELIVEAU, LPG URBAN &

REGIONAL PLANNERS, INC. - TRACKING #46-03-LPTA

COMPREHENSIVE PLAN AMENDMENT CASE LPA#03/4/2-2

FRANCES B. HARTLE, TRUSTEE - HARTLE GROVES, INC.

STEVEN J. RICHEY, P.A. - TRACKING #45-03-LPA

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment on the postponement, until August 26, 2003, of Rezoning Case PH#16-03-2, Robert Shakar, John P. Adams, Greg Beliveau, LPG Urban & Regional Planners, Tracking #33-03-PUD, a request to rezone from R-6 (Urban Residential District) and A (Agriculture District) to PUD (Planned Unit Development District); Comprehensive Plan Text Amendment Case LPA#03-4-1, Robert Shakar, Greg Beliveau, LPG Urban & Regional Planners, Inc., Tracking #46-03-LPTA, a request to amend the text of the Lake County Comprehensive Plan; and Comprehensive Plan Amendment Case LPA#03/4/2-2, Frances B. Hartle, Trustee, Hartle Groves, Inc., Steven J. Richey, P.A., Tracking#45-03-LPA, a request to amend the Future Land Use Map of the Lake County Comprehensive Plan.

It was noted that the applicants’ representative was present and no one wished to speak in opposition to the request for postponement. There being no public comment on the request to postpone, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to postpone, until August 26, 2003, Rezoning Case PH# 16-03-2, Robert Shakar, John P. Adams, Greg Beliveau, LPG Urban & Regional Planners, Tracking #33-03-PUD, a request to rezone from R-6 (Urban Residential District) and A (Agriculture District) to PUD (Planned Unit Development District); Comprehensive Plan Text Amendment Case LPA#03-4-1, Robert Shakar, Greg Beliveau, LPG Urban & Regional Planners, Inc., Tracking #46-03-LPTA, a request to amend the text of the Lake County Comprehensive Plan; and Comprehensive Plan Amendment Case LPA#03/4/2-2, Frances B. Hartle, Trustee, Hartle Groves, Inc., Steven J. Richey, P.A., Tracking#45-03-LPA, a request to amend the Future Land Use Map of the Lake County Comprehensive Plan.

COMPREHENSIVE PLAN AMENDMENT CASE LPA#02/9/1-3

CARL LUDECKE - TIM HOBAN, P.A. - TRACKING #75-02-LPA

REZONING CASE PH#52-02-3 - CARL LUDECKE

TIM HOBAN, P.A. - LM TO R-2 - TRACKING #90-02-Z

Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, referenced his memorandum dated June 23, 2003, which was presented to the Deputy Clerk and marked as Exhibit LC-1 for Lake County, and requested that Agenda Nos. 8 and 9 (Carl Ludecke, Tim Hoban, P.A.) be discussed and considered for postponement.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment on the postponement of Comprehensive Plan Amendment Case LPA #02/9/1-3, Tracking No. #75-02-LPA, a request to amend the Future Land Use Map of the Lake County Comprehensive Plan; and Rezoning Case PH#52-02-3, Carl Ludecke, Tim Hoban, P.A., Tracking #90-02-Z, a request to rezone from LM (Light Industrial District) to R-2 (Estate Residential District).

Mr. Tim Hoban, Attorney, representing Carl Ludecke, showed a September 25, 2002, letter and a January 22, 2003, schedule for Lake County Comprehensive Plan Amendment Cycles, which were presented to the Deputy Clerk and marked as Exhibit A-1 for the Applicant. He stated that, according to the September 25 letter, the Board approved the transmittal of Case LPA#02/9/1-3 and scheduled the adoption date for December 17, 2002. However, in December, the case was not on the agenda and Mr. Hoban stated that he was informed by the January 22, 2003, cycle schedule that the case would not be heard until June 24, 2003. He stated that his client is ready to proceed with the case at today’s public hearing.

Commr. Cadwell commented that, although the Board approved to advertise today’s adoption hearing at the Board’s June 10, 2003, meeting, a postponement would be for the common good of the County because of the related Joint Planning Agreements.

In response to an inquiry by Commr. Cadwell regarding a 28-day delay, Mr. Hoban stated that his client has been waiting a year and the real estate market is very good right now. He requested that the case be heard today.

Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, addressed the Board on behalf of Center Lake Properties and Pineloch Management. She concurred with Mr. Welstead’s June 23, 2003, memorandum and asked that the Board support staff’s position. She stated that her client applied for an amendment in February 2002. Her client’s application is ready but was not advertised for today and, without a postponement of today’s adoption hearings, would be pushed back to November or December. Ms. Bonifay showed an October 18, 2002, memorandum and schedule for Lake County Comprehensive Plan Amendment Cycles, which were presented to the Deputy Clerk and marked as Exhibit OP-1. That schedule shows the first 2003 adoption hearing was set for August 19, 2003, and Ms. Bonifay suggested that a July hearing would be a compromise for her client and Mr. Hoban’s client. She requested that the Board postpone the adoption hearing until July 22, 2003.

There being no further public comment on the postponement, 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 to postpone, until July 22, 2003, Comprehensive Plan Amendment Case LPA #02/9/1-3, Tracking No. #75-02-LPA, a request to amend the Future Land Use Map of the Lake County Comprehensive Plan; and Rezoning Case PH#52-02-3, Tracking #90-02-Z, Carl Ludecke, Tim Hoban, P.A., a request to rezone from LM (Light Industrial District) to R-2 (Estate Residential District), based on the Board’s not having knowledge of all the applicable cases at the June 20, 2003, Board meeting and based on differing cycle schedules for amendments to the Lake County Comprehensive Plan.

Mr. Welstead stated that, for planning purposes, he will prepare a schedule with fixed dates for transmitting applications to amend the Lake County Comprehensive Plan to the Department of Community Affairs. To allow flexibility, the schedule will include tentative dates for the two annual adoption hearings.

REZONING CASE PH#41-03-5 - LAKE COUNTY SOLID WASTE,

LAKE COUNTY PUBLIC SAFETY - TRACKING #62-03-CFD

Ms. Tiffany Kapner, Senior Planner, Lake County Planning & Development Services, discussed Rezoning Case PH#41-03-5, Tracking #62-03-CFD, Lake County Solid Waste, Lake County Public Safety, which is a request to rezone from A (Agriculture District) to CFD (Community Facility District), for the addition of concrete pads for the purpose of installing an aboveground, 1,000 gallon fuel tank. Ms. Kapner showed an aerial map, which is included in the backup material, of the North Lake Area in Astor Park and stated that the proposed rezoning is not in conflict with the Land Development Regulations and is consistent with the Lake County Comprehensive Plan. Staff supports a recommendation for approval.

Commr. Cadwell stated that the County should go above and beyond the required regulations for these fuel tanks.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. No one wished to speak in opposition to the request. There being no 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 upheld the recommendation of the Planning and Zoning Commission and approved Rezoning Case PH#41-03-5, Tracking #62-03-CFD, Lake County Solid Waste, Lake County Public Safety, a request to rezone from A (Agriculture District) to CFD (Community Facility District), Ordinance 2003-55.

REZONING CASE PH#38-03-1 - DENISE C. GALBREATH - TRACKING #61-03-Z

Mr. Richard O’Brien, Senior Planner, Lake County Planning and Development Services, discussed Rezoning Case PH#38-03-1, Denise C. Galbreath, Tracking #61-03-Z, a request to rezone from A (Agriculture District) to R-2 (Estate Residential). He showed the aerial map, which is included in the backup material, of the 3 +/- acre parcel which is located west of Fruitland Park on the south side of County Road 466-A, approximately 1.5 miles from the Sumter County line, and stated that the proposal is to accommodate an anticipated 3-lot subdivision with an overall density of one dwelling unit per acre. The proposal is compatible with the vicinity and is consistent with regulatory provisions. Staff finds that the proposed rezoning would not result in any adverse impact to surrounding properties or the environment or present any significant demand on existing public facilities and services. As the proposal would appear to further the coordination of future low density residential development patterns along County Road 466-A without detracting from the agricultural character of the neighborhood, staff concludes a recommendation for approval.

Under discussion, Commr. Hill stated that one person appeared at the Planning and Zoning Commission meeting expressing opposition to not having received a notice of the rezoning, not in opposition to the rezoning itself.

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 Rezoning Case PH#38-03-1, Denise C. Galbreath, Tracking #61-03-Z, a request to rezone from A (Agriculture District) to R-2 (Estate Residential), Ordinance 2003-56.

CONDITIONAL USE PERMIT CASE CUP#03/4/1-2 - JOHN ARNOLD,

ARNOLD GROVES - STEVEN J. RICHEY, P.A. - TRACKING #43-03CUP/AMD

Mr. John Kruse, Senior Planner, Lake County Planning and Development Services, discussed Conditional Use Permit Case CUP#03/4/1-2, Arnold Groves & Ranch, Ltd., Steven J. Richey, P.A., Tracking #43-03CUP/AMD, a request to amend CUP#89/10/1-3 to include additional lands for residual application. He showed the aerial map, which is included in the backup material, which shows approximately 880 acres that the applicant is requesting be added to the current Conditional Use Permit CUP#89/10/1-3 of approximately 1,244 acres. The subject property is located in the South Lake area, east of U.S. Highway 27 near the intersection of Frank Jarrell Road. Surrounding land use includes an orange grove, abandoned orange groves and a pasture. The subject property is located below Clermont’s Joint Planning Area. The applicant originally received approval from the Board in 1990 for spreading of residuals for agricultural crops on part of the property.

In response to an inquiry by Commr. Cadwell, Mr. Kruse stated that he is not aware that this is a DRI (development of regional impact). The primary crops are hay and citrus crops and the Florida Department of Environmental Protection (DEP) has regulatory jurisdiction over the residuals applied at the site and the Florida Department of Health has regulatory jurisdiction over the septage applied at this site. Several Comprehensive Plan policies are listed in the staff report which is included in the backup material. Staff recommends approval with conditions. Mr. Kruse stated that there have been one or two complaints which were not directly related to the sludge application.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.

Mr. Steve Richey, Attorney, representing the applicant, stated that an area in red on the aerial map has been permanently permitted by the DEP and there have never been any complaints or violations of the DEP permits. The applicant had a dune buggy operation in the wetlands without a permit, but has subsequently come before the Board for a permit for that CUP. He stated that the applicant is requesting to add some outparcel acreage to the original CUP. He stated that three conditions in the proposed ordinance have been agreed to. On Page 2, Paragraph B.3., regarding marking the perimeters where the spreading will take place, the applicant will use fence posts, not polyvinyl chloride (PVC) pipe, which can survive tractor operations. On Page 3, Paragraph C.2.d., regarding the ecological studies, Mr. Richey stated that the Lake Soil and Water Conservation District has evaluated and permitted this site and that information will be submitted to staff. On Page 3, Paragraph C.2.e., regarding the geological study, Mr. Richey stated that staff has indicated that it will be acceptable if information can be provided by the Lake Soil and Water Conservation District, otherwise, the information will be provided by the applicant through other sources. He requested that those three paragraphs be modified to say, “or as approved by staff, either through the Lake Soil and Water Conservation District or as approved by staff.” He remarked that a buffer of 300 feet will go to 600 feet when houses are built on some of the R-4 contiguous property to the south. He stated that the requested action deals only with property which is located on the east side of U.S. Highway 27 which is outside the Green Swamp.

No one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

In response to an inquiry by Commr. Hanson, Mr. Richey stated that the residual comes from all of the cities in Lake County and from parts of Orange County and has allowed the applicant to maintain an active agricultural operation on 2,200 acres. He stated that the eco-tours have added to the viability.

Commr. Hanson stated that this is the environmentally sound thing to do if it is handled properly.

Commr. Pool stated that there are enough agencies watching over this operation to assure that it is done correctly.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Conditional Use Permit Case CUP#03/4/1-2, Arnold Groves & Ranch, Ltd., Steven J. Richey, P.A., Tracking #43-03CUP/AMD, a request to amend CUP#89/10/1-3 to include additional lands for residual application, with the changes as noted, Ordinance 2003-57.

VOLUNTARY REVOCATION OF CONDITIONAL USE PERMITS

TRACKING NO. 61-03-REV

Mr. Tommy Leathers, Director of Code Enforcement Services, stated that staff recommends revocation of the following eleven Conditional Use Permits (CUP) based upon either the CUP being annexed into a municipality or the owner requesting revocation. He noted that letters from the property owners are on file for the voluntary revocations.

• CUP#386-4 David Hanner, Annexed City of Mt Dora by Ord. #467 - 1988.

• CUP#702A-1 Orange Blossom Gardens Chapel of Faith, Annexed Town of Lady Lake by Ord. #85-14(135) - 1985.

• CUP#736-2 Earl W. Stockwell, Annexed City of Leesburg by Ord. #91-18 - 1991.

• CUP#988-4 Sumter Electric Cooperative, Annexed City of Eustis by Ord. #92-24 - 1992.

• CUP#86/8/3-3 Highland Growth Properties, Annexed City of Clermont by Miscellaneous Ord. #305-M - 1996.

• CUP#01/7/4-3 Delores Len, Trust, Annexed City of Eustis by Ord #02-18 - 2002.

• CUP#633-1 William & Nancy Hartsock, Voluntary Revocation.

• CUP#513-5 Delmar & Barbara Brown,Voluntary Revocation.

• CUP#91/1/2-3 Todd & Milissa Stagg , Voluntary Revocation.

• CUP#91/5/1-5 City of Umatilla, Voluntary Revocation.

• CUP#93/10/1-5 Wallace & Sheila Land, Voluntary Revocation.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2003-58, Tracking No. 61-03-REV, for the voluntary revocations of the above listed Conditional Use Permits.

RECESS AND REASSEMBLY

At 10:10 a.m., Commr. Cadwell announced that the Board would take a 10 minute recess.

PRESENTATION

COUNTY ROAD 470 PROJECT DEVELOPMENT & ENVIRONMENTAL STUDY

Mr. Noble Olasimbo, Lake County Public Works Department, stated that the County Road 470 Project Development & Environmental (PD&E) Study was started over one year ago. A public hearing was held June 10, 2003, for public input for the project. Today’s presentation will give the final findings to, and request approval by, the Board in order to enter into the design phase of the project.

Mr. Kevin E. Knudsen, P.E., Project Manager, Bowyer-Singleton & Associates, Inc., presented the findings and recommendations of the June 24, 2003, County Road 470 (Sumter County Line to US 27) Project Development & Environmental Study. The Study was done in conformance with the Department of Transportation and Federal Highway Administration requirements. Mr. Knudsen gave a Powerpoint presentation, which is included in the backup material, and which included the following topics:

• Location Map - The CR 470 Study runs from the Sumter County line to just east of U.S. Highway 27, approximately 5.3 miles, and is located in the City of Leesburg and Unincorporated Lake County.

• Location and Conceptual Design. Potential Impacts. Public Involvement Program.

• Existing Typical Section

• Traffic Data

• Tasks

• First Public Meeting May 2002

• Second Public Meeting October 2002

• Improvements

• Preferred Build Alternative

• Sumter County Line to Bay Avenue - 1st Segment. Rural. Recommending 4-lane divided rural, separated by 40 foot wide grass median. Sidewalks.

• Alternative 2 was selected as the recommended alternative for realignment. It creates the least wetland impact through that portion of the corridor.

• Bay Avenue to East of US 27 - 2nd Segment. Heavily developed. Recommending 4-lane divided urban section, separated by a 22-foot raised grass median. Curb. Sidewalks.

• No Build Alternative - Advantages & Disadvantages

• Preferred Alternative - Advantages & Disadvantages

• Right-of-Way Required - No residential relocations. One business relocation. 50.4 acres of right-of-way required, 30.7 acres for roadway and 19.7 acres for stormwater retention ponds.

• Floodplain Involvement

• Wetlands

• Threatened and Endangered Species

• Air Quality

• Noise Study

• Contamination Sites

• Cultural Resources

• Estimated Costs: Right-of-Way $1.08 million. Construction $16.49 million.

• Public Hearing June 2003

• Comments

• Next Steps:

Board Approval of PD&E Studies

Final Design - Year 2004 (est.)

Right-of-Way Acquisition - Year 2005 (est.)

Project Construction - Year 2006 (est.)

In response to inquiries by Commr. Hanson and Commr. Stivender, Mr. Knudsen stated that landscaping will be provided along the corridor based on funding and the recommendations of the County Commissioners. He stated that a presentation was made to the Leesburg City Commission and there was a discussion on landscaping, the need for sidewalks, additional turn lanes and median openings.

Commr. Stivender stated that the City of Leesburg supported an interchange at CR 470 and Florida’s Turnpike, in part because of the location of the federal prison. She opined that the City of Leesburg should participate in funding and should be kept involved.

In response to an inquiry by Commr. Cadwell regarding the right-of-way estimate of $1.08 million, Mr. Olasimbo stated that there is nothing in writing from the City but the County is looking for a coordination effort on the part of the City.

A motion was made by Commr. Stivender, and seconded by Commr. Hill, for Board approval of the June 24, 2003, CR 470 Project Development & Environmental Study.

Under discussion, Mr. Olasimbo explained that the design phase will involve competitive bidding.

Commr. Stivender commented that issues regarding the intersection of County Road 48 and U.S. Highway 27, the bridge, and turn lanes will be addressed.

Mr. Jim Stivender, Public Works Director, stated that there is no funding for construction at this time. The County will work closely with Florida’s Turnpike and the Department of Transportation to try to get some off-system improvements since this does link U.S. Highway 27 to the Turnpike. He confirmed that the project ends beyond the bridge, which will be 4-laned as part of the project.

Chairman Cadwell called for a vote on the motion which was carried unanimously, by a 5-0 vote.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

PUBLIC WORKS - BOAT RAMP AGREEMENT WITH EUSTIS ELKS LODGE

Mr. Bob Stevens, Parks & Recreation Director, stated that staff is requesting direction from the Board regarding a boat ramp for Lake Saunders. The existing boat ramp is too small and was not built to any public use standards. The Lake County Sheriff’s office is dealing with problems with the neighbors regularly. Mr. Stevens stated that staff has looked at property along Old U.S. Highway 441 but that property is expensive. Mr. Jim Myers, Chairman of the Parks & Recreation Advisory Board, is a member of the Eustis Elks Lodge and requested that Mr. Stevens speak to their Board of Directors. Mr. Stevens stated that the Eustis Elks are enthusiastic about the possibility of an agreement with the County for a boat ramp on their site on Dora Avenue. He showed a map of the site, a copy of which is included in the backup material. He stated that the Florida Fish and Wildlife Conservation Commission has viewed the Eustis Elks site and is agreeable with that location. The site is currently zoned Public Commercial District by the City of Tavares. There is a variance on the site for five recreational vehicle parking spaces. The County would need an agreement with the City for a variance for a boat ramp on the site. Mr. Stevens asked for direction from the Board as to whether this is a feasible idea to pursue at this point.

Commr. Cadwell stated that the County should move forward with the idea. He pointed out that the site is high and dry and that grass parking should be maintained and would be preferred to paved parking.

Mr. Stevens stated that an agreement on this site would be mutually beneficial to the County, the City of Tavares and to the Eustis Elks, who will benefit with some overflow parking area. The design of the ramp should not attract a large number of boaters and the goal is to not cause a disturbance to the Elks site, to the street or the lake.

Mr. Bill Neron, County Manager, stated that he had a conversation with Ms. Dottie Keedy, Tavares City Manager, regarding this proposal and a rezoning will probably be necessary and will be subject to the City’s public hearing and site plan. He stated that coordination with the City will be necessary.

In response to an inquiry by Commr. Stivender regarding today’s request, Mr. Stevens confirmed that staff is requesting approval to develop a proposal. He stated that staff probably will come back with a request to apply for a grant through the Florida Boating Improvement Program which would help pay for most of the project.

A motion was made by Commr. Stivender and seconded by Commr. Hanson for Board approval for staff to develop a proposal for an agreement with the Eustis Elks Lodge to construct a boat ramp on their Dora Avenue property which is on Lake Saunders.

Under discussion, Commr. Cadwell expressed appreciation to Mr. Stevens and Mr. Myers for their efforts on this issue.

Chairman Cadwell called for a vote on the motion which was carried unanimously, by a 5-0 vote.

REPORTS - COMMISSIONER POOL - DISTRICT #2

RESIDENTS’ MEETING - SOUTH LAKE COUNTY

Commr. Pool announced that he has a meeting scheduled this evening at 7:00 p.m. at Fire Station #93 with residents in South Lake County regarding a clay road issue.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

BUDGET - CONSTITUTIONAL OFFICERS

Commr. Hanson requested that the County Manager bring back to the Board a compilation of any budget amendments and use of reserves in this fiscal year by Constitutional Officers for the purpose of determining the true impact to the Lake County budget.

SOLID WASTE

Because two Board members opposed the increase in the assessment for solid waste for the coming year, Commr. Hanson informed the Board that she has asked the County Manager to look at ways to cut back if that increased fee is not passed. She pointed out that, although she is not proposing an option, she has requested the figures associated with the option of once-a-week garbage pick up. That option was presented during the mandatory pickup discussions. She opined that residents might be in favor of that option if it meant not raising the assessment fee.

Mr. Neron stated that, while he has some numbers based on previous experience, he will need at least one additional meeting with the haulers to bring back an approximate number to the Board. Should the Board approve at that point, serious negotiations could be held to finalize those numbers. He opined there would be some savings, possibly enough to offset the proposed increase.

Commr. Cadwell expressed that he might not be in favor of that option but agreed that all alternatives should be considered.

REPORTS - COMMISSIONER CADWELL - CHAIRMAN & DISTRICT #5

FLORIDA ASSOCIATION OF COUNTIES CONFERENCE

Commr. Cadwell announced that he recently attended a successful Florida Association of Counties conference in Orlando.

NATIONAL ASSOCIATION OF COUNTY ENGINEERS

Commr. Cadwell announced that Central Florida will host the National Association of County Engineers’ (NACE) Annual Conference in April 2004.

Mr. Jim Stivender, Public Works Director, showed the 2004 Conference logo which was designed by Jacqui Droz of Lake County’s Public Works Department and which is included in the backup material. He stated that 39 of Florida’s 67 counties are members of the Florida Association of County Engineers and Road Superintendents (FACERS) and are affiliates of FAC (Florida Association of Counties). Revenue from the 2004 Conference will be used, hopefully, to expand the existing scholarship program for civil engineering students throughout the State of Florida. The Conference, expected to draw 700 nationwide attendees, will be held April 4 - 8, 2004, in Orlando at the Rosen Plaza Hotel. Mr. Stivender stated that most Central Florida counties have been asked to participate and Lake County staff will be actively involved.

Commr. Stivender suggested that Mr. Stivender give a presentation to the Tourist Development Council to see how that group might participate with funding and/or sponsoring special events and an exhibitor booth at the Conference.

RECESS & REASSEMBLY

At 11:00 a.m., Commr. Cadwell announced that the Board would take a 30 minute recess.

CLOSED SESSION

PENDING LITIGATION - LAKE COUNTY AND COVANTA

Commr. Cadwell announced, for the record, that the Board of County Commissioners of Lake County, Florida, will hold a Closed Session at 11:30 a.m., as advertised.

Mr. Sandy Minkoff, County Attorney, stated that this Closed Session is being held pursuant to Florida Statute 286.011(a) and that he had previously requested that the Board hold a Closed Session to discuss pending litigation between Lake County and Covanta (Covanta Energy Corporation). Only the pending litigation can be discussed during the Closed Session. He pointed out that a recent Attorney General’s opinion indicates that the Board members should not relate, outside of the Closed Session, the discussions held today. Such action could be an ethical violation. Discussions held here today stay here until a public hearing is held. He stated that the entire session will be recorded by the Court Reporter who will record the times the Closed Session begins and ends and will record and transcribe all comments made during the Closed Session. Public Notice of the Closed Session was given. Those present for the meeting will be members of the Lake County Board of County Commissioners; Mr. Bill Neron, County Manager; Mr. Sandy Minkoff, County Attorney; and the Court Reporter. He stated that the estimated length of the Closed Session is twenty minutes and that the public meeting will be reopened for the purpose of adjournment at the termination of the Closed Session. Mr. Minkoff announced the commencement of the Closed Session.

RECONVENE AND ADJOURNMENT

At 11:55 a.m., the Chairman announced the end of the Closed Session and reconvened the regular meeting of June 24, 2003.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:55 a.m.

_____________________________________

WELTON G. CADWELL, CHAIRMAN

ATTEST:

_________________________

JAMES C. WATKINS, CLERK