A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 23, 2004

            The Lake County Board of County Commissioners met in regular session on Tuesday, March 23, 2004, 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: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. Others present were: Gregg Welstead, Deputy County Manager/Growth Management Director; 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

            Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

            AGENDA UPDATE

            Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, noted that Tab 2 will be pulled until a later date. There is an Addendum No. 1 with two consent agenda items, a departmental business item and a County Manager’s report item.

            Commr. Hanson stated that there will be a report on the Wekiva issue.

            COUNTY MANAGER’S CONSENT AGENDA - ADDENDUM NO. 1, I. A. 1.

            PUBLIC WORKS - VOTING MACHINES

            Ms. Emogene Stegall, Supervisor of Elections, requested approval to advance the purchase of 50 touchscreen voting units approved for Fiscal Year 2004/2005 to the current Fiscal Year, and requested approval of the Budget Change Request to provide the additional funding needed this year. She stated that 4,254 new voters have been added to the Lake County rolls during the first quarter of this year, January 1, 2004, through last Friday, March 19, 2004. The purchase of 50 machines this year will reduce the Fiscal Year 2004/2005 requested amount to $225,400.00. Of the amount budgeted in the current year, $74,400 remains unspent, but an additional $74,000 is needed for the $148,400.00 necessary to purchase 50 machines that will be needed for this year’s election.

            In response to an inquiry by Commr. Hanson regarding the cost of voting machines that have the capability of creating a paper trail, Ms. Stegall replied that the cost of such a system, once certified in the State of Florida, could be millions of dollars. She added that she does not expect that to happen this year.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the request from Public Works to advance the purchase of a portion of the voting machines (for the Supervisor of Elections) that were approved for Fiscal Year 2004/2005 to the current Fiscal Year; and approved the Budget Change Request to provide the additional funding needed in the current Fiscal Year in the amount of $74,000.00.

            COUNTY MANAGER’S CONSENT AGENDA

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 5, pulling Tab 2, and Addendum No. 1, I. A. 2.

            Community Services

            Request for approval and signature of Southeastern Library Network, Inc. (SOLINET) Membership Application, SOLINET Membership Agreement and Agreement on Use of OCLC Services.

            Purchasing

            Request for approval to award three continuing contracts for the Engineering Services for Solid Waste Management and Environmental Services to Brown and Caldwell; Jones Edmunds & Associates, Inc.; and Malcolm Pirnie, Inc. in accordance with RSQ 04-006 pending review and approval by the County Attorney’s Office and authorize the County Manager to execute individual task assignments for up to $50,000.00.

            Request for approval to declare items on the attached lists surplus to County needs and authorize disposal as described.

            Request for approval and signature on Proclamation 2004-42 declaring March 2004 as “Purchasing Month” in Lake County.

            Public Works (Addendum No. 1, I. A. 2.)

            Request for approval and authorization to accept the final plat for Sunset Landing, Phase II Subdivision and all areas dedicated to the public as shown on the Sunset Landing, Phase II Subdivision plat. Phase II of the subdivision consists of seven lots - Commission District 3.

            PUBLIC HEARINGS - ROAD VACATIONS

            PETITION NO. 1015 - CATTLE COUNTRY LLC - TREASURE ISLAND AREA

            Mr. Jim Stivender, Public Works Director, presented Vacation Petition No. 1015 by Cattle Country LLC, Benjamin L. Champion – Managing Member, to vacate a portion of platted road rights of way as shown on the Plat of the “Infant Town of Florida,” Map of Orange Bend and recorded in Sumter County (also known as Lanier Subdivision), located in Section 9, Township 19 South, Range 25 East, in the Treasure Island area – Commission District 1. He showed the aerial and site maps, which are included in the backup material, and stated that staff recommends approval to vacate.

            Commr. Stivender opened the public hearing and noted the presence of the petitioner. No one was present in 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. Cadwell and carried unanimously, by a vote of 5-0, the Board approved Vacation Petition No. 1015 by Cattle Country LLC, Benjamin L. Champion – Managing Member, to vacate a portion of platted road rights of way as shown on the Plat of the “Infant Town of Florida,” Map of Orange Bend and recorded in Sumter County (also known as Lanier Subdivision), located in Section 9, Township 19 South, Range 25 East, in the Treasure Island area – Commission District 1; and approved execution of Resolution 2004-43.

            PETITION NO. 1016 - DON M. BUCKNER - LEESBURG AREA

            Mr. Jim Stivender, Public Works Director, stated that there has been a request to withdraw Vacation Petition No. 1016 by Don M. Buckner to vacate Lots 13 and 14, Block 5, as shown on Plat Number 2, Cisky Park, located in Section 31, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1. He presented a letter dated March 22, 2004 (which is included in the backup material) from the petitioner’s representative, Attorney Bruce Duncan, requesting withdrawal of the petition. Mr. Stivender stated that there have been some title issues associated with this vacation and staff had recommended denial.

            Commr. Stivender opened the public hearing and noted the presence of the petitioner’s representative.

            Mr. Bruce Duncan, Potter, Clement, Lowry and Duncan, representing the petitioner, requested withdrawal until civil matters are resolved.

            No one was present in opposition to the withdrawal. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the withdrawal of Vacation Petition No. 1016 by Don M. Buckner to vacate Lots 13 and 14, Block 5, as shown on Plat Number 2, Cisky Park, located in Section 31, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1.

            PETITION NO. 1017 - THOMAS K. MAHONEY - CLERMONT AREA

            Mr. Jim Stivender, Public Works Director, presented Vacation Petition No. 1017 by Thomas K. Mahoney, Representative Steven J. Richey, P.A., to vacate right of way and lots, as shown on the Plat of Monte Vista Park Farms, located in Section 6 and 7, Township 23 South, Range 26 East, in the Clermont area – Commission District 2. He showed the aerial and site maps, which are included in the backup material, and explained that there is a question concerning the Florida Power easement. They do not have a line there but are trying to reserve it. Staff recommends approval to vacate, subject to clearing up the Florida Power issue.

            Commr. Stivender opened the public hearing and noted the presence of the petitioner’s representative.

            Mr. Steve Richey, attorney representing the petitioner, stated that he has reviewed concerns stated in a letter which was filed by Florida Power. He stated that they will be provided easement for the new subdivision as part of the platting. He stated that he has received a letter from Lake Utility Services indicating that they have no objection to the vacation as they have no utility lines in the area. He stated that, with the platting, they will be provided easement for their lines when they serve the new subdivision.

            In response to an inquiry by Commr. Cadwell regarding water service, Mr. Richey stated that water for this subdivision comes from the plant off of U.S. Highway 27.

            Mr. George Rovira, who lives directly across from the new subdivision, stated that a tremendous amount of water comes on his property, almost flooding it, during rains. He stated that the road, a little further down, is under water every time it rains.

            Mr. Stivender stated that there have been water problems along a section of Lake Louisa Road and that there were some questions about the calculations and permitting with St. Johns River Water Management District (St. Johns) on previous subdivisions to the east. He stated that staff has asked that all those issues be addressed and that this subdivision exceeds some of the standards because of these concerns. He stated that staff has double checked the calculations, not just relying on the St. Johns permit, in an effort to alleviate the saturation problems that have been present for more than two years. Construction plans are currently being reviewed.

            In response to an inquiry by Commr. Cadwell regarding a permit from St. Johns, Mr. Stivender stated that he will check on the permit and give that information to Mr. Rovira.

            Commr. Pool stated that this is closure of a paper road that does not give any other permits or permissions.

            In response to an inquiry by Commr. Hanson regarding the Board’s regulations going over and beyond those of St. Johns, Mr. Sandy Minkoff, County Attorney, confirmed that they can.

            Ms. Bonnie Tussing, who lives on Lake Louisa Road directly across the street from the subdivision, stated that she gets runoff also. She stated that there is an illegal pipe running across the road directly into Lake Louisa. She stated that she does not believe anyone should be allowed to build more homes until that is corrected.

            Mr. Stivender stated that St. Johns gave permission for the pipe and that St. Johns enforcement is working on the issue, having sent letters, and their attorneys are involved with this particular issue at this time.

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

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved Vacation Petition No. 1017 by Thomas K. Mahoney, Representative Steven J. Richey, P.A., to vacate right of way and lots, as shown on the Plat of Monte Vista Park Farms, located in Section 6 and 7, Township 23 South, Range 26 East, in the Clermont area – Commission District 2; and approved execution of Resolution 2004-44.

            PETITION NO. 1019 - WILFORD C. & MARILYN J. DUBREUIL - BASSVILLE

            PARK AREA

            Mr. Jim Stivender, Public Works Director, presented Vacation Petition No. 1019 by Wilford C. & Marilyn J. DuBreuil to vacate right of way and Lot 69, in the Plat of Haines Creek Mobile Homesites, located in Section 12, Township 19 South, Range 25 East, in the Bassville Park area – Commission District 1. He showed the aerial and site maps, which are included in the backup material, and stated that staff recommends approval to vacate.

            Commr. Stivender opened the public hearing and noted the presence of the petitioner. No one was present in 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. Hanson and carried unanimously, by a vote of 5-0, the Board approved Vacation Petition No. 1019 by Wilford C. & Marilyn J. DuBreuil to vacate right of way and Lot 69, in the Plat of Haines Creek Mobile Homesites, located in Section 12, Township 19 South, Range 25 East, in the Bassville Park area – Commission District 1; and approved execution of Resolution 2004-45.

            PETITION NO. 1020 - LAKE COUNTY PUBLIC WORKS

            Mr. Jim Stivender, Public Works Director, presented Vacation Petition No. 1020 by Lake County Public Works to cease maintenance and vacate a portion of Paloma Road (#1251), north of Hooks Street, located in Section 28, Township 22 South, Range 26 East, in the Clermont area – Commission District 2. He showed the aerial and site maps, which are included in the backup material, and stated that formal vacation will not take place until Hooks Street is open to the public and has been accepted by the County for maintenance. He stated that staff recommends approval to vacate.

            Mr. Sandy Minkoff, County Attorney, stated that his staff has reviewed the resolution and made some changes so that it is very clear that the vacation does not occur until Hooks Street, to the west and up to S.R. 50, is constructed, accepted by the County, and open to the public.

            Commr. Stivender opened the public hearing. Lake County Public Works is the petitioner.

            Mr. J. Christy Wilson, III, an attorney with offices at 437 N. Magnolia Avenue, Orlando, Florida, appeared on behalf of Ms. Jerrie Schuur of 13221 Paloma Road. He stated that Ms. Schuur relies on the access through Seidle on Paloma Road to gain access to her home. He stated that the time to vacate this road is when Hooks Street is constructed and open. He stated that problems can arise when a vacation is contingent. He stated that his client is in opposition and requested that the Board withhold the vacation until the road is completed, especially since the intent is to not have the vacation become effective until the road is built.

            Commr. Pool, in recognizing Mr. Wilson’s concerns, asked if there is an advantage to vacating the road now rather than after the road is built.

            Mr. Sandy Minkoff, County Attorney, explained that, in order to build the road, the County has to purchase the right of way from Seidle. Seidle is not willing to sell the right of way unless there is a commitment to vacate the road. Seidle takes the position that there is no right of way on this portion of Paloma and there is a dispute as to whether the County built it or whether the Seidles built it. But, it is very clear that the resolution will not be effective, and the vacation will not occur, unless and until the completion of construction of Hooks Street and Citrus Tower Boulevard (from Hooks Street to State Road 50).

            Mr. Wilson stated that he has not been privy to this agreement but opined that an agreement could be entered into to commit the County to vacate the road when Hooks Street is opened. He stated that the advertisement does not reference any future vacation and that, according to the public notice, the vacation is occurring now.

            Mr. Minkoff stated that he does not believe it is legal to enter into a contract to give away the legislative power to vacate in the future. That actually was the Seidle’s initial request and this was a compromise to give them the assurance that, in fact, the County would go through with the road closing. He reiterated that the resolution will not be effective and there will be no road closing until the new road is constructed and accepted by the County.

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

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Vacation Petition No. 1020 by Lake County Public Works to cease maintenance and vacate a portion of Paloma Road (#1251), north of Hooks Street, located in Section 28, Township 22 South, Range 26 East, Clermont area, Commission District 2; as presented by the County Attorney and ensuring right of way to Ms. Jerrie Schuur until Hooks Road is built; and approved execution of Resolution 2004-46.

            PUBLIC HEARINGS - REZONINGS

            REZONING CASE PH#71-03-3 - PRINGLE COMMUNITIES, INC.,

            ROYAL HIGHLANDS - LPG URBAN & REGIONAL PLANNERS, INC. -

            TRACKING #115-03-PUD/AMD

            Mr. Jeff Richardson, Planning Manager, Planning & Development Services Division, Lake County Growth Management, advised the Board that a letter requesting withdrawal was received on Rezoning Case PH#71-03-3, Pringle Communities, Inc., Royal Highlands, LPG Urban & Regional Planners, Inc., Tracking #115-03-PUD/AMD. (Letter dated March 17, 2004, from Greg Beliveau, LPG Urban & Regional Planners, Inc., is included in the backup material.)

            Commr. Stivender opened the public hearing and noted the presence of the applicant’s representative. No one was present in opposition to the request for withdrawal. There being no public comment, the public hearing portion of the meeting was closed. 

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the withdrawal of Rezoning Case PH#71-03-3, Pringle Communities, Inc., Royal Highlands, LPG Urban & Regional Planners, Inc., Tracking #115-03-PUD/AMD.

            REZONING CASE PH#13-04-2 - MORGAN JIMENEZ, BEST BUY MOBILE

            HOMES, INC. - TRACKING #10-04MP/AMD

            Ms. Tiffany Kapner, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#13-04-2, Morgan Jimenez, Best Buy Mobile Homes, Inc., Tracking #10-04MP/AMD. She showed the aerial map (which is included in the backup material) and stated that the request is to amend Ordinance #5-85 to allow for on site refurbishing and sale of mobile homes. Ordinance #5-85 allows the sale, lease and repair of semitrailers only, with necessary office space, and one mobile home for use as a caretaker’s residence on the 10.8 acre parcel which is located in an Employment Center. She stated that staff recommends approval of the request.

            Commr. Stivender noted that the Planning and Zoning Commission (P&Z) approved the request by a vote of 6-2, with a limit of no more than 15 mobile homes on site at one time.

            In response to an inquiry by Commr. Pool regarding the number of units, sale of units, and site appearance, Ms. Kapner explained that P&Z was concerned about the extensiveness of the business in relation to the surrounding homes in R-1 zoning. The applicant chose the number 15 and P&Z was comfortable with that number. Ms. Kapner stated that P&Z requested the following additions to the ordinance: (1) limited to no more than 15 mobile homes on site at one time; (2) all outside repairs to the mobile homes shall be done within screened areas; (3) all repairs in unscreened areas shall be conducted internal to the mobile homes; and (4) there shall be no storage or keeping of gutted, disassembled or parted mobile homes.

            Commr. Pool stated that he wanted those requirements stated publicly and that he wants assurance that these mobile homes will not be visible from U.S. Highway 27.

            In response to Comm. Stivender regarding landscaping and lighting, Ms. Kapner stated that landscaping between MP and R-1 requires the County’s most stringent buffer, a D-type buffer, which is 30 feet wide that requires either a wall or a berm with a double row of shrubs, canopy and ornamental trees. She stated that she believes a type C buffer, which is the standard buffer that is 20 feet wide with a double row of shrubs, canopy and ornamental trees, would be required along U.S. Highway 27. The northern portion of the property is fairly wet and existing landscaping may be allowed. Ms. Kapner explained the restrictions to lighting in the proposed ordinance, including that lighting shall be prohibited to the site after sunset and that the hours of operation shall be from sunrise to sunset.

            In response to the concern of Commr. Pool regarding the allowable number of units and enforcement later on, Mr. Sandy Minkoff, County Attorney, stated that the Board can reduce the maximum number of units, but once the property owner has vested rights, proving a violation of the ordinance would be necessary before it could be changed.

            Commr. Stivender opened the public hearing and noted the presence of the applicant. No one was present in opposition to the request.

            Mr. Rick McCoy, McCoy & Associates, stated that he will be the project engineer if the request is approved. He assured the Board that design will be according to Lake County standards. He stated that there is a substantial buffer, a berm, on the east adjacent to the residential development. He pointed out that the nearby Turnpike will probably cause more noise than this business. He stated that they do not expect to have 15 units at one time but would like to maintain that limit to allow for future growth. He stated that, with the sunset restriction on lighting, there probably will not be any lights. He remarked that, because of reselling mobile homes and because Mr. Jiminez is a good businessman, he does not want an eyesore.

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

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2004-17, Rezoning Case PH#13-04-2, Morgan Jimenez, Best Buy Mobile Homes, Inc., Tracking #10-04MP/AMD, a request to amend Ordinance #5-85 to allow for on site refurbishing and sale of mobile homes; all clarifications to be included.

            COMMISSIONERS

            Commr. Hanson announced that she will recuse herself from Rezoning Case PH#14-04-4, Belva Codding, because the property is listed with her real estate company, Catherine Hanson Real Estate, Inc. (Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was submitted by Commr. Hanson and is included in the backup material.)

            REZONING CASE PH#14-04-4 - BELVA CODDING - GARY JOHNSON

            TRACKING #11-04-CP

            Ms. Tiffany Kapner, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#14-04-4, Belva Codding, Gary Johnson, Tracking #11-04-CP which is a request to rezone from C-1 (Neighborhood Commercial) to CP (Planned Commercial District). She showed the aerial map (which is included in the backup material), presented Findings per Section 14.03.03 of the Lake County Land Development Regulations, and stated that staff recommends approval of the request with conditions set forth in the proposed ordinance.

            Commr. Stivender opened the public hearing and noted the presence of the applicant’s representative.

            Mr. Steve Richey, attorney representing the applicant, stated that the Planning and Zoning Commission recommended approval by a unanimous vote of 7-0 for small equipment rental.

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

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a vote of 4-0, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2004-18, Rezoning Case PH#14-04-4, Belva Codding, Gary Johnson, Tracking #11-04-CP which is a request to rezone from C-1 (Neighborhood Commercial) to CP (Planned Commercial District) for small equipment rental.

            Commissioner Hanson abstained from the discussion and the vote.

            DISCUSSION - LAKE COUNTY SCHOOLS

            Commr. Stivender distributed statements and documentation to the Board (a copy of the information is included in the backup material) which was provided by Ms. Kyleen Fischer, Chairman, Lake County School Board. The School Board voted to come up with their own strategic plan. Commr. Stivender stated that work is being done on a way to handle growth in the schools. She stated that she and Ms. Fischer, working together, do not feel the Board needs to stop doing what it is doing but does need to come up with a system that will work for everyone. Discussions resulted in the idea that a gap fee probably should be used now until the exact numbers, which will be justifiable in court, are available. She stated that developers, who have been included in discussions, have come up with and agreed to a fee of $1,500 to be added to any zoning case they have at this time. Once both Boards come back with a permanent-type agreement, those issues would be addressed. She stated that she and Ms. Fischer are requesting a joint meeting within the next 30 days with Ms. Marilyn Crotty as a facilitator.

            Commr. Hanson suggested that Ms. Linda Chapin, University of Central Florida, might be willing to donate her time as a facilitator.

            PUBLIC HEARINGS - REZONING (CONTINUED)

            REZONING CASE PH#6-04-1 - DAN E. CAMPBELL, ET AL -

            ROE PROPERTIES/WICKS CONSULTING SERVICES/DESTINY ESTATES -

            TRACKING #7-04-Z

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#6-04-1, Dan E. Campbell, et al (Owner) and Roe Properties/Wicks Consulting Services/ Destiny Estates (Applicant), Tracking #7-04-Z, a request to rezone from A (Agriculture District) and Conditional Use Permit (CUP#95/11/4-5) and R-1 (Rural Residential) and CFD (Community Facility District) to R-1 (Rural Residential). He displayed an aerial map of the subject property, which is included in the backup material, and stated that this is a 42.13 acre parcel located in the Silver Lake area on SR 44 and individual wells and septic tanks are proposed. He discussed Findings relating to demands on public facilities, schools, septic tanks, development review process, development patterns in the area, and a letter from Cutrale Citrus Juices USA, Inc.

            Mr. Hartenstein read into the record the following letter dated March 19, 2004, from Mr. John Hammond, an adjacent property owner (letter marked by the Deputy Clerk as Exhibit O-1 for the Opposition).

            “I have recently become aware that a Subdivision named Destiny Estates is in the process of being developed in my area. In fact, this subdivision will abutt (sic) my property when platted. With this being the case, I do have a few areas of concern mainly revolving around the easements that I am entitled to.

            Enclosed, you will find a Quit-Claim Deed recorded in ORB 1568 PAGE 1117 detailing those easements in the legals (sic) descriptions as described in PARCEL 1 and PARCEL 2. Also enclosed, you will find a photocopy of an Assessment Map outlining those easements.

            With Destiny Estates soon to be platted, can I be assured that my rights to the above-mentioned easements will be honored and upheld by the developers? Can I be assured that at no point in time during the stages of development those easements will be blocked? Can I be assured that I will always have access to my own property?

            Hopefully, the answers to the above concerns are in the affirmative. Needless to say, please respond in writing within ten (10) days after receipt of this letter.

            Respectfully, John Hammond, Property Owner”

            Mr. Hartenstein noted that the photocopy of the map was not included with Mr. Hammond’s letter. He stated that Opinions of Title will be required to be submitted along with the preliminary plat. Any easements in question would be addressed during this platting process so that Mr. Hammond would have access to his property. The Planning and Zoning Commission recommended approval of the request by a vote of 7-2.

            In response to an inquiry by Commr. Cadwell regarding whether the School Board has acted on the $1,500 amount, Commr. Stivender explained that Mr. Jim Drake, Director of Finance, Lake County Schools, suggested $2,000 but did not have documentation for that amount. She stated that the number varies between $1,500 and $2,000 and depends on the number of students and averaging. She stated that no one from the School Board is present today because School District Offices are closed the week of March 21, 2004, as explained in a letter that will be presented on next case.

            Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant.

            Mr. Al Roe, Roe Properties, stated that he is in support of whatever the Board comes up with and is willing to agree to $1,500 to $2,000 and would like to move forward.

            Mr. John Hammond stated that he has concerns because he does not want to be landlocked. He owns a six-acre parcel, which abuts the project, and a 79-acre tract on the north side of that. He stated that Walker Road runs through the property and is his direct and legal access to his property. He stated that the 25-foot easement is not recognized by the County. He expressed his concern with access on Walker Road.

            Mr. Sandy Minkoff, County Attorney, confirmed that if rights of way are there, the rezoning would not affect the rights of way.

            Mr. Ted Wicks, Wicks Consulting Services, representing the applicant, stated that a complete title search will be done and any legal rights of way will be identified and dealt with during development review. He stated that they will not be allowed to block access.

            Ms. Cecelia Bonifay, attorney, Akerman Senterfitt, stated that she has a case on today’s agenda that is residential in nature. She remarked, for the record, that whatever the Board may do on this current case may set a precedent for the rest of the day in terms of how the school issue is dealt with. She stated that it seems that hard and fast data is not available and opined that some interim level of funding should be set until the School Board can provide data that is necessary if they want to adjust impact fees. She stated that she would not suggest that the Martinez plan is the way to go. She stated that $1,500 plus the current impact fee of $3,489 puts the School Board in a good position. She remarked that her client and others on today’s agenda will be at a disadvantage with other builders in the area because the other builders will not have this additional increment. She stated that, if done as an interim measure only as a gap funding, this is evidence of good faith on the part of this Board to try to address the problem. She asked that the Board err on the lower side and, if setting an interim fee today, set a fee of $1,500.

            In response to an inquiry by Commr. Hanson regarding when this fee would be paid, Commr. Stivender stated that the gap fee would be paid at the time the building permit is pulled.

            Commr. Pool commented that an option that should be reviewed would be paying impact fees in advance, not as permits are pulled.

            Commr. Stivender reminded the Board that the School Board cannot build a school, per legislation, until kids are here.

            Mr. Minkoff commented that this is, in a way, a modified Martinez plan. Under that plan, the landowner enters into a contract with the School Board agreeing to pay funds for schools for that development, then the School Board will signal to the County that it is okay to rezone the property and the County strictly rezones. The County would not really be a party to the process and there are no contracts between these property owners and the School Board. The County, typically, cannot approve a contingent rezoning.

            Mr. Bruce Duncan, attorney with Potter, Clement, Lowry and Duncan, on behalf of the applicant in the following case, presented language that could be included in the ordinance to make it a requirement that the approval is contingent upon the developer agreeing to pay an additional “gap fee.” (The document was presented to the Deputy Clerk and marked as Exhibit A-1 for the applicant in Rezoning Case PH#4-04-1.) The developer would agree to pay $1,500, in addition to the current school impact fee of $3,489.00, for a total of $4,989.00. In the event that this Board, in October, raises that impact fee to a figure that might be higher than that number, the developer would pay the higher figure. In the event the Board raises the impact fee to a number between what it is today and what he is agreeing to pay, he would continue to subsidize to the $4,989.00 amount.

            Mr. Minkoff pointed out that if the rezonings were PUD’s (Planned Unit Development) that language could be included but straight zoning cases, typically, do not and cannot include this type of language.

            Discussion occurred regarding approving requests today with promises made by attorneys, enforcement and trust issues, and agreements with the School Board.

            Commr. Cadwell remarked that grabbing a number takes the School Board off the hook for a while.

            Commr. Stivender stated that she and Ms. Kyleen Fischer, School Board Chairman, are diligent in moving forward. She requested that this not be called the Martinez plan but asked that it be called the Lake GEM (Growth Equity Measures) plan, as noted in the School Board documentation she presented earlier.

            Ms. Bonifay stated that she understands Mr. Minkoff’s concerns. She stated that a developer’s agreement could be entered into with this Board, as opposed to with the School Board. Her concern, in an agreement with the School Board, is their lack of being able to deal with these things in the past and the fact that different numbers continue to come out. She opined that the developers cannot be held liable if the School Board will not enter into an agreement. She suggested that these requests be approved today until some understanding can be reached with the School Board through a developer’s agreement. She added that it has to be with the land use change which would specify the zoning, with the option that the only condition would be this fee payment that would last for ten years, and that it can only be renewed by both parties.

            Commr. Cadwell reiterated that the School Board needs to have the same pressure that this Board and the business community have on them when a big part of the economy screeches to a halt. He stated that the School Board should come forward with a number, whatever it may be, and give a legitimate reason for that number.

            Ms. Bonifay stated that this Board of Commissioners is doing everything it can to come up with a solution. If the School Board kills the development business in this County, there will be a lot more cars going some place else because there is no economic base in the County, pretty much, other than building.

            Commr. Pool stated that a dollar amount should be consistent across the board. If the gap funding is lower, that is where it will be, and if it comes in higher we need to make sure they understand it may go up.

            Commr. Cadwell asked if there should be a differentiation in fee depending on the capacity of the area school.

            Commr. Pool stated that his understanding is that the Martinez plan always comes back to $1,500. He explained that if $2,000 is not necessary, the gap can come down, but the higher fee should be used at this time.

            Mr. Roe reiterated that he does not care if the number is $1,500 or $2,000 so long as it is fair and passed along to everyone. He remarked that the Board of County Commissioners implements the fee, therefore, he should be responsible to the Commission, not the School Board. He stated that the Commission should be responsible for entering into a developer’s agreement and he requested that he be able to answer to the Commission, not anyone else.

            Mr. Minkoff clarified that the Board of Commissioners is not imposing any fee and this is not defensible. These are strictly voluntary payments by property owners in an effort to get rezoning approved. He stated that there is no documentation to justify any gap funding. He pointed out that the $2,000 included in the PUD that was approved by the Board in January 2004 was on a voluntary basis because the data to impose a mandatory fee is not available. The County’s Code says that the County will not approve rezonings if public facilities are impacted in an adverse way or if public facilities are not available for that development. He explained that Orange County’s staff says that, in order to demonstrate public facilities, the School Board has to say they can handle the kids. When the developer or owner goes to the School Board, the School Board says it can handle those kids if the developer agrees to do certain things. Once that contract is done, the School Board sends a letter to the County saying it can handle those kids. He remarked that the courts have upheld that process because the County does not impose a fee. He added that those fees are prepaid so that schools can be built in advance.

            Commr. Pool commented that the Board wants the School Board to have a defensible fee which may be more than the current impact fee. He asked the County Attorney if it is possible that these developers are not mandated to pay $2,000, but only up to that amount.

            Mr. Minkoff stated that language can be included in the ordinance that the developer has agreed to voluntarily pay an additional fee.

            Ms. Anna Willis stated that she attended the Planning and Zoning Commission meeting. She stated that the School Board’s representative indicated that the fees will never be enough. Ms. Willis suggested that the gap should be $200 until documentation is available, then, these developers can compete better with others who are selling homes. She remarked that, even if there is enough classroom space, there is not enough lunchroom space.

            Commr. Hanson stated that this process will create an inequity between the developer and the individual home builders.

            Commr. Hill stated that, with the three residential projects on today’s agenda, eleven schools will be affected. Five schools are under construction, one is a new school in the area and two of the schools, even though under construction, have no new classroom capacity included. Treadway is at 150% over capacity and sixteen of twenty-one portables will be replaced with new classrooms, but it is not new capacity. She remarked that, according to the School Board’s documentation, it is unclear whether there is a problem in this area. Six schools are in design and do not include new classroom additions with the exception of Tavares Middle School. She stated that planning is a problem and that is the responsibility of the School Board. She stated that the School Board needs to do a major construction planning project and address their capacity.

            Commr. Cadwell asked what options a developer has when there is no capacity on a road.

            Mr. Minkoff explained that, if there is no road capacity, the developer must provide the capacity or they cannot plat the property.

            Commr. Cadwell pointed out that the County’s Public Works Department tells that developer what it would take to have that capacity. He opined that is what the Board needs from the School System. Just as a developer has to provide the capacity where a road is involved, the developer needs to put in school capacity.

            Commr. Stivender stated that developers have volunteered to build schools but those offers have not been accepted by the School Board.

            Commr. Hill stated that, when Public Works presented the transportation impact fee increases, those sailed through because the numbers were justified in five, ten and twenty year plans with actual data. She stated that the School Board has been asked to mirror the process of the transportation impact fee.

            Commr. Pool commented that today’s development community cannot be asked to pay for past mistakes by the School Board or for the total cost of each student station because those schools will be in operation for generations and impact fees will continue to be collected over and over for each student station.

            Commr. Cadwell opined that, regarding a joint meeting with the School Board, a facilitator may not be necessary because the issues are very simple.

            Commr. Hanson pointed out that a facilitator was not used during a meeting last year.

            Commr. Stivender concurred that, if the Board agrees, a facilitator would not be necessary.

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

            Commr. Hill made a motion to approve Rezoning Case Number PH#6-04-1, Dan E. Campbell, et al (Owner) and Roe Properties/Wicks Consulting/Destiny Estates (Applicant), Tracking #7-04-Z, a request to rezone from A (Agriculture District) and Conditional Use Permit (CUP#95/11/4-5) and R-1 (Rural Residential) and CFD (Community Facility District) to R-1 (Rural Residential), taking into account the legal questions of easements and rights of way; including a voluntary gap fee of $1,500 in addition to the current school impact fee.

            Commr. Stivender seconded the motion, for discussion.

            Under discussion, Commr. Pool stated that the voluntary gap fee was $2,000 on the PUD (Planned Unit Development) the Board approved in January 2004 and the fee should be consistent. He recommended that the motion be amended that the gap fee would not exceed $2,000.

            Commr. Hill amended her motion that the voluntary gap fee would not exceed $2,000 and Commr. Stivender amended her second to the motion to include said language.

            Commr. Cadwell asked for clarification on the intent of the motion and whether Commr. Hill recommends the developer voluntarily pay the money or would the developer go to the School Board and come back with an agreement.

            Commr. Hill clarified that the developer would go to the School Board with a cap of $2,000.

            Commr. Cadwell stated that, if the motion is to tell the developers the Board will approve the rezoning request if the developer comes back with an agreement from the School Board, he will vote for it. But, he opined, that is not the intent of the motion.

            Commr. Hanson agreed with Commr. Cadwell that, if the Board puts this in place and remains consistent with the prior PUD approval, there is no incentive for the School Board to do anything differently than what they have done. She stated that, if the $2,000 voluntary fee is included in this rezoning request, it should be included in the other requests on today’s agenda.

            Commr. Stivender expressed confidence that meetings with the School Board will result in a change.

            Commr. Stivender called for a vote on the motion which carried, by a vote of 3-2, to uphold the recommendation of the Planning and Zoning Commission and approve Ordinance 2004-19, Rezoning Case PH#6-04-1, Dan E. Campbell, et al (Owner) and Roe Properties/ Wicks Consulting Services/Destiny Estates (Applicant), Tracking #7-04-Z, a request to rezone from A (Agriculture District) and Conditional Use Permit (CUP#95/11/4-5) and R-1 (Rural Residential) and CFD (Community Facility District) to R-1 (Rural Residential); taking into account the legal questions of easements and rights of way; and including a voluntary gap fee up to $2,000 per home in addition to the current school impact fee.

            Commissioners Cadwell and Hanson voted “No.”

            RECESS AND REASSEMBLY

            At 10:30 a.m., Commr. Stivender announced that the Board would take a 15 minute recess.

            COMMISSIONERS - MEETING DISCLOSURES

            At this time, Commissioners Hanson, Stivender, Hill, and Pool disclosed for the record that they had met with the applicant’s representative on Rezoning Case PH#4-04-1.

            PUBLIC HEARINGS - REZONINGS (CONTINUED)

            REZONING CASE PH#4-04-1 - RUDOLPH RODE - BRUCE DUNCAN -

            TRACKING #5-04-Z

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#4-04-1, Rudolph Rode, Bruce Duncan, Tracking #5-04-Z, a request to rezone from PUD (Planned Unit Development), an adult assisted-living facility, to R-4 (Medium Suburban Residential District) to develop the property as a single-family residential subdivision. He displayed an aerial map of the subject property, which is included in the backup material, and stated that this is a 9.2+/- acre parcel located in the Silver Lake/Radio Road/Treadway area of Leesburg and will be considered part of the Leesburg JPA (Joint Planning Agreement). He discussed Findings per Section 14.03.03 of the Lake County Land Development Regulations. He stated that the maximum allowable density for this project is 3.5 dwelling units per acre. The parcel is within the City of Leesburg utility area for central water and the City of Leesburg has indicated they are interested in providing sewer service to this location but it will be necessary for the developer to install the required sewer lines in conformance with City standards. He explained that, if individual septic tanks are utilized, the density would be reduced down to R-2. Per the Lake County School Board, the proposed development will contribute more students to already overcrowded schools in the area. As the proposed project is consistent with the existing development in the area, the rezoning would result in an orderly and logical development pattern. With the exception of the overcrowded school conditions, staff recommends the approval of this rezoning from R-1-6 plus the CUP to R-4. A motion by the Planning and Zoning Commission for denial of R-4 zoning failed by a vote of 4-4.

            Mr. Hartenstein stated that he has a facsimile request to read into the record the following March 17, 2004, letter from Mr. Alan Bryant, Emerald Greens Phase III - Silver Lake/Haines Creek to Commissioner Debbie Stivender (The facsimile and letter were presented to the Deputy Clerk and marked as Exhibit O-1 for the Opposition):

            “We hereby Petition the Lake County Commission to consider the Impact that the Proposed Emerald Greens Phase II development will have on this area.

            The area currently serves Treadway Elementary School. The School Board has urges (sic) in the strongest manner possible not to approve this rezoning, but denial of R-4 zoning in PH#4-04-1. This proposed development would provide 57 units and generate 29 new students. (At this point, Mr. Hartenstein clarified that 57 units would be involved if additional acreage had been included in this request. The actual number of units involved in today’s request is 32.) Originally when the development became a PUD, it was for assisted living called Emerald Greens would (sic) have no impact on Treadway Elementary School, and very little impact on our Highway System.

            The Proposed Development is located at a skewed intersection that has limited vehicular sight distance. Development of the Proposed Emerald Greens Phase II (into 57 signal (sic) family units) will have a significant impact on this intersection and the Level of Service of Radio Road, Treadway School Road, and the Capacity of the Intersection. The Development will trigger the immediate need for Major Intersection Improvements.

            The Land in question is a habitat for Wildlife for many years and currently is a haven to numerous Red Head Sand Cranes Birds (sic). There are Ponds/Lakes on the natural lands, which are home to many ecosystems.

            Owners of Emerald Greens Phase II has (sic) benefited (sic) for many years by claiming the property as Agriculture Zoning. Thus, allowing them the benefit of not paying higher Property Taxes on the Platted lands. Now, in November 2003, they have chosen to dissolve their Corporation, and file a request for Rezoning.

            We became residents of EMERALD GREENS PHASE III SILVER LAKE / HAINES CREEK because the Schools, Churches, and the convenience of Lake Square Mall and other facilities. When we open our Home windows, we see Natural Woodlands and Wildlife. We understood that Emerald Greens Phase II was for assisted living and would be a quite (sic) development and a good neighbor. The Developer has not made any attempt to meet with the surrounding residents, as a good neighbor would, and explain why this proposed change is in the best interest of the public. When the Planning and Zoning (P & Z) Commission asked the (sic) Mr. Rode (Developer) if he would be willing to contribute extra money towards (sic) schools if the School Board asked him to, Mr. Rode said he could not do that. Mr. Rode is not even willing to entertain to contribute extra money towards (sic) schools. The current development has no impact on the School System.

            We join P & Z Commissioners Morris, Carey, Gardner, and Reid, and the Lake County School Board in urging you, in the strongest manner possible, not to approve this rezoning, but denial of R-4 zoning in PH#4-04-1.

            However, should the Board of County Commission in their wisdom grant the Developer their request, we ask that the Developer be required to:

1.         Preserve a habitat for the Red Headed Sand Hill Cranes and other Wildlife that currently in habit (sic) the lands.

2.         Fully fund all necessary Intersection Improvements at Radio Road and Treadway School Road.

3.         Fully fund all necessary Water, Sanitary Sewer, Electrical Impact Expansion Fees, School Impact Fees, Highway Improvement Impact Fees, etc.

4.         Construct an eight (8') foot high (and 1:4 side slopes) earth berm (or Masonry Block Wall/Fence) along any and all private lands that are adjacent, or contiguous with the Proposed Development. Landscape and Maintain the Berm or Wall to reasonable and acceptable standards of EMERALD GREENS PHASE III SILVER LAKE / HAINES CREEK PROPERTY OWNERS ASSOCIATION.

5.         Construct a Traffic Calming Noise Wall along Radio Road and along Treadway School Road, and not a wrought iron fence.

            We appreciate your full consideration in this matter, and look forward to the Commission granting our Petition for denial of R-4 zoning in PH#4-04-1, or the stipulations set forth herein for approval.

            Cordially, Alan Bryant, Emerald Greens Phase III - Silver Lake/Haines Creek”

            Mr. Hartenstein reiterated that, while more acreage may be presented for a rezoning request at a later date, today’s request involves only 9.2 +/- acres and 32 homes (3.5 dwelling units to the acre). He presented a letter dated March 15, 2004, from Mr. Bruce Duncan, attorney for Mr. Rode, to Mr. Terry Adsit, Lake County School Board, expressing Mr. Rode’s agreement to pay a $1,500 gap fee on top of the existing school impact fees. (The March 15, 2004, letter was presented to the Deputy Clerk and marked as Exhibit LC-1 for Lake County.) He also presented a response letter dated March 17, 2004, from Dr. Kathleen Farner Thomas of the Lake County Schools to Mr. Duncan. (The March 17, 2004, letter was presented to the Deputy Clerk and marked as Exhibit LC-2 for Lake County.) Dr. Thomas’ letter noted that the School District Offices will be closed the entire week of March 21, 2004, and no one from the School District will be in attendance at today’s County Commission meeting.

            Commr. Stivender opened the public hearing and noted the presence of the applicant’s representative.

            Mr. Bruce Duncan, attorney, Potter Clement Lowry and Duncan, representing Mr. Rudolph Rode, stated that they have been unable to get solid answers from the School Board or responses to solutions that have been offered. He stated that the development community, a business, cannot afford to wait. He stated that the development community has begun to come up with ideas to resolve the problem. He stated that his client is proposing to pay $4,989.00 per unit which exceeds the number that was given six months ago by the School Board. (The document detailing language and voluntary gap fees was presented to the Deputy Clerk during the previous rezoning case and is marked as Exhibit A-1 for the applicant.) He reiterated that developers are offering this voluntary fee today in an attempt to (1) come up with a solution and (2) get approvals to develop their land. He explained that environmental studies will be done on the property before development occurs and any wildlife, such as nesting sandhill cranes, will be addressed. He pointed out that the neighborhood is surrounded by R-6 zoning, a PUD, and a community facilities district, which are at higher densities than is being requested. He stated that central sewer will be provided on this project and, in a roundabout way, will benefit the School District by tying Treadway Elementary School to sewer lines. Regarding the pond, Mr. Duncan stated that his client will clean up, landscape and maintain it as an amenity for the benefit of the development. He stated that some preliminary site review has been done and traffic access will be directly onto Treadway School Road. He stated that code will be met regarding buffer requirements. He added that his client will do whatever it takes to deal with the School Board and that his client will pay the increased impact fee on each home until the Board adopts an impact fee higher than what he has offered to pay.

            Ms. Anna Willis, a resident near the proposed project, stated that Mr. Bryant from Emerald Greens Phase III called her last night. She explained that the applicant had stated, at the P&Z meeting, that he was unwilling to pay $10,000 per home to supplement the School Board. She opined that Mr. Bryant thought, from reading the P&Z minutes, that Mr. Rode was unwilling to help at all. She stated that, after she explained certain issues to Mr. Bryant, he is okay with the project but that he did not have time to fax additional comments.

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

            Under comments, Commr. Cadwell asked that the record show he has the same concerns in regard to school issues as he did on the last case.

            Commr. Hill stated that this is infill and she does not know of another use for this property other than leaving it vacant.

            Commr. Hill made a motion, seconded by Commr. Pool, for approval of the request to rezone to R-4, with the requirement of City of Leesburg water and sewer, preserving whatever habitat as necessary under the environmental aspect, and including the voluntary gap fee of $2,000.

            In response to an inquiry by Commr. Cadwell regarding the requirement for central water and sewer, Mr. Minkoff clarified that this is a straight rezoning but the Comprehensive Plan requires central sewer.

            Commr. Stivender called for a vote on the motion which carried, by a vote of 3-2, for Board approval of Ordinance 2004-20, Rezoning Case PH#4-04-1, Rudolph Rode, Bruce Duncan, Tracking #5-04-Z, a request to rezone from PUD (Planned Unit Developments) to R-4 (Medium Suburban Residential District) to develop the property as a single-family residential subdivision; with the requirement of City of Leesburg water and sewer; preserving whatever habitat as necessary under the environmental aspect; and including a voluntary gap fee up to $2,000 per home in addition to the current school impact fee.

            Commissioners Cadwell and Hanson voted “No.”

            REZONING CASE PH#11-04-3 - STEVE & BECKY HILSON, JOHN & PATRICIA

            HILSON - SHARON MARTIN, DCS & CONSULTING - TRACKING #12-04-CP

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#11-04-3, Steve and Becky Hilson, John and Patricia Hilson, Sharon Martin, DCS & Consulting, Tracking #12-04-CP, a request to rezone from A (Agriculture District) to CP (Planned Commercial District) to allow professional office, personal care services, general retail and convenience retail. The 4.89 acre parcel is located in the Yalaha area along County Road 48, a major collector, and is consistent with the development pattern. He displayed an aerial map of the subject property, which is included in the backup material. He presented Findings per Section 14.03.03 of the Lake County Land Development Regulations. He discussed rights of way and turn lane requirements. He stated that staff recommends approval of the request subject to the provisions contained in the proposed ordinance. The Planning and Zoning (P&Z) Commission recommended approval to CP by a vote of 8-0 and no letters of support or opposition were received.

            In response to an inquiry by Commr. Stivender regarding C-1 or C-2 uses or something similar to Yalaha Bakery with an outdoor arena, Mr. Hartenstein stated that some specific uses were requested that would help support the neighborhood and some C-1 uses would not be compatible on that size acreage. Some type of use similar to the Yalaha Bakery could be acceptable because that would be considered commercial retail if the size of the land area is sufficient.

            Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant’s representative. No one was present in opposition to the request.

            Mr. Rick McCoy, McCoy & Associates, appeared on behalf of Sharon Martin, and stated that the applicant does not know exactly what will be built at this time. If the rezoning is approved, more research will be done.

            Commr. Stivender stated that she has heard concerns from the public regarding potential problems with lighting and noise and Mr. McCoy stated that those issues could be controlled or restricted with CP zoning.

            In response to an inquiry by Commr. Hanson regarding landscaping, Mr. McCoy stated that extensive landscaping might be necessary to comply with the County’s tree ordinance.

            There being no further 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 vote of 5-0, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2004-21, Rezoning Case PH#11-04-3, Steve and Becky Hilson, John and Patricia Hilson, Sharon Martin, DCS & Consulting, Tracking #12-04-CP, a request to rezone from A (Agriculture District) to CP (Planned Commercial District) to allow professional office, personal care services, general retail and convenience retail.

            REZONING CASE PH#12-04-3 - TEX A MERRITT, TRUSTEE -

            TRACKING #13-04-HM

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#12-04-3, Tex A. Merritt, Trustee, Tracking #13-04-HM, a request to rezone from A (Agriculture District) to HM (Heavy Industrial District) on an 11.4 acre parcel in the Okahumpka area. He displayed an aerial map of the subject property, which is included in the backup material. He stated that this parcel is within the Leesburg JPA (Joint Planning Agreement) and central water and sewer will be provided by the City of Leesburg. He presented Findings per Section 14.03.03 of the Lake County Land Development Regulations. The Lake County Public Works Engineering Division staff states that the project would be required to meet the Lake County Access Management Ordinance standards and that left and right turn lanes on County Road 48 would be necessary at the development entrance. He stated that staff recommended approval of the request to rezone from A to HM. The Planning and Zoning (P&Z) Commission recommended approval, by a vote of 8-0, to MP (Planned Industrial) with LM (Light Industrial) uses only. There was one letter of opposition.

            Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant and the applicant’s representative. No one was present in opposition to the request.

            Mr. Ted Wicks, Wicks Consulting Services, stated that he is working with Mr. Merritt on this petition. Mr. Merritt owns additional acreage, a total of approximately 30 acres fronting on CR 48, east and north of the subject parcel. He stated that they agreed to MP with LM uses during the P&Z meeting. The adjacent residential development would be buffered by a 30-foot D-type buffer which is the County’s most intense buffer. He stated that trees will be inventoried and existing natural vegetation will be utilized.

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

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2004-22, Rezoning Case PH#12-04-3, Tex A. Merritt, Trustee, Tracking #13-04-HM, to rezone from A (Agriculture District) to MP (Planned Industrial) with LM (Light Industrial) uses only on an 11.4 acre parcel in the Okahumpka area.

            REZONING CASE PH#15-04-2 - R. DANIEL AND SUSAN STOWE -

            VICTORIA WINN - TRACKING #14-04-Z

            Ms. Tiffany Kapner, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#15-04-2, R. Daniel and Susan Stowe, Victoria Winn, Tracking #14-04-Z, a request to rezone from R-1 (Rural Residential) to A (Agriculture District) for the purpose of a tree farm on a 10-acre parcel on County Road 33 in the Clermont area. She displayed an aerial map of the subject property, which is included in the backup material, and presented Findings per Section 14.03.03 of the Lake County Land Development Regulations. Staff recommends approval of the request to rezone from R-1 to A. The Planning and Zoning Commission approved the request by a vote of 8-0.

            Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant. No one was present in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2004-23, Rezoning Case PH#15-04-2, R. Daniel and Susan Stowe, Victoria Winn, Tracking #14-04-Z, a request to rezone from R-1 (Rural Residential) to A (Agriculture District) for the purpose of a tree farm.

            COMMISSIONERS - MEETING DISCLOSURES

            At this time, Commissioners Stivender, Hill and Pool disclosed for the record that they had met with the applicants’ representatives on Rezoning Case PH#10-04-2 and Rezoning Case PH#68-03-1. Commr. Hanson disclosed for the record that she had met with the applicant’s representative on Rezoning Case PH#68-03-1.

            REZONING CASE PH#10-04-2 - COLONY COMMUNITIES, LHL CORPORATION

            STEVEN J. RICHEY, P.A. - TRACKING #15-04-PUD/AMD

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#10-04-2, Colony Communities, LHL Corporation, Steven J. Richey, P.A., Tracking #15-04-PUD/AMD, a request to amend the existing PUD (Planned Unit Development District) conditions to reduce the specified rear yard setback from ten feet to five feet for pools and pool enclosures. He displayed an aerial map of the subject property, which is included in the backup material and stated that this is a 46.84 acre parcel located in the Four Corners area of south Lake County. The Public Works Engineering Division’s review states that the developer shall amend the construction plan site grading for the development to address the pool issue. Lake County has encountered severe grading/stormwater problems in the past due to inadequate setbacks for pools. Staff recommends approval of the request. No letters of support or opposition were received and the Planning and Zoning Commission recommended approval of the request by a vote of 7-1.

            Mr. Hartenstein confirmed that this request, as he understands it, is only to reduce the setback for pools and pool enclosures.

            Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant’s representative. No one was present in opposition to the request.

            In response to a request for clarification by Commr. Pool regarding a turn lane on southbound U.S. Highway 27, Mr. Steve Richey, representing the applicant, stated that road improvements that were made were based on requirements of the County. He stated that he will be happy to work with the County to correct the confusion.

            At this time, Commr. Cadwell temporarily left the meeting.

            Mr. Fred Schneider, Engineering Director, Public Works Department, stated that a request will be sent to the Florida Department of Transportation regarding signage.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried by a vote of 4-0, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance 2004-24, Rezoning Case PH#10-04-2, Colony Communities, LHL Corporation, Steven J. Richey, P.A., Tracking #15-04-PUD/AMD, a request to amend the existing PUD (Planned Unit Development District) conditions to reduce the specified rear yard setback from ten feet to five feet for pools and pool enclosures.

            Commissioner Cadwell was not present for the vote.

            At this time, Commr. Cadwell returned to the meeting.

            REZONING CASE PH#68-03-1, MARGARET STOKES CALL, VIRGINIA H.

            ALLEN, B.A.W., INC. - LONG FARMS NORTH, INC., THOMAS BERRY LONG, III

            CECELIA BONIFAY, P.A. - TRACKING #102-03-Z

            Mr. Rick Hartenstein, Senior Planner, Planning & Development Services Division, Lake County Growth Management, presented Rezoning Case PH#68-03-1, Margaret Stokes Call, Virginia H. Allen, B.A.W., Inc., Long Farms North, Inc., Thomas Berry Long, III, President, Cecelia Bonifay P.A., Tracking #102-03-Z, a request to rezone from R-1 (Rural Residential) to R-4 (Medium Suburban Residential) to provide for a medium density single-family usage. He displayed an aerial map of the subject property, which is included in the backup material and stated that this is a 47.8 acre parcel located within the Leesburg JPA (Joint Planning Agreement). He presented Findings per Section 14.03.02 of the Lake County Land Development Regulations. He stated that residential development is limited to no more than four dwelling units per acre. Staff finds this requested density consistent with the policy. This application has an inconsistency with Policy 1-1.14 in regards to adequate existing infrastructure. Hollow Lane is a substandard, County-maintained paved road. Road improvements may be necessary and will be addressed during the development review process for the plat. School overcrowding for the area is also an issue. The proposed rezoning is consistent with the surrounding land uses and development trends in the area. After complete review and analysis of the application request, staff has determined that this request, as presented, meets or exceeds the applicable requirements of the Lake County Land Development Regulations and Comprehensive Plan policies. If central sewer and water are provided, staff recommends approval of the rezoning from R-1 to R-4. If central water and sewer are not provided and individual well and septic tanks are used, staff recommends a denial of R-4, but can recommend approval of R-2 (Estate Residential). The Planning and Zoning Commission’s (P&Z) motion for approval to R-4 failed by a vote of 4-7. There were eleven letters of opposition from residents in the Sunnyside area.

            Mr. Hartenstein explained that a major concern of residents was Sleepy Hollow Road’s access to U.S. Highway 441. Sunnyside residents were concerned that traffic would be diverted back through that area rather than through access off of U.S. Highway 441.

            Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant’s representative. No one was present in opposition to the request.

            Ms. Cecelia Bonifay, attorney, Akerman Senterfitt, stated that Mr. Berry Long, client and applicant, and Mr. Tom Skelton, the engineer of record, with American Civil Engineering Co., were present. She pointed out that Mr. Long made application in August 2003 and the process has been deliberate and thorough. She opined that she was taken off guard at some of the road issues that were raised by homeowners at the P&Z meeting. After the P&Z meeting, a meeting with Mr. Fred Schneider, Engineering Director, Public Works Department, was held regarding the County’s development plans for the area. The plans for the intersection at U.S. Highway 441 and Sleepy Hollow Road are underway, as well as some improvements to Sleepy Hollow Road itself. She stated that, at the urging of Commr. Hill, a dialogue was begun with Mr. Tucker and Mr. Cauthen of The Greater Sunnyside Area Property Owners Association, Inc. (homeowners’ association) and they were included with meetings with County staff. The densities were the only remaining concern after that meeting. She stated that the original plans proposed 134 units for a density of 2.8 units per acre. Ms. Bonifay and her clients agreed to look at the following issues:

1.         Single family residential only.

2.         Restricted to 120 lots.

3.         No overnight parking on streets.

4.         Basic concerns, such as: trash and garbage must be kept out of sight unless on pickup day, no inoperative vehicles in the yard, etc.

            Ms. Bonifay stated that those concerns were put into a Declaration of Covenants, Conditions and Restrictions, which will be entered into between the developer (Long Farms North, Inc.) and the homeowners’ association (The Greater Sunnyside Area Property Owners Association, Inc.). She presented a copy of the document which was marked by the Deputy Clerk as Exhibit A-1 for the Applicant. She pointed out that these covenants are not enforceable by the County but are enforceable by the homeowners’ group. She stated that the covenants are being executed, notarized and recorded so that these conditions run with the property. In reducing the number of lots from 134 to 120, the density will be reduced from 2.8 to 2.5 units per acre. She stated that, when Mr. Long originally met with the School Board’s staff, they indicated that the number of students to be produced by this development was essentially diminimous and did not warrant a normal study. She stated that there was no School Board representative present at the P&Z meeting in November 2003.

            Commr. Stivender pointed out that the letters of opposition were also received in November 2003.

            Ms. Bonifay stated that there still was no report from the School Board in January or February 2004, but this month the School Board reported that schools that were not a problem before are a problem now. She pointed out the differences in reports on Leesburg High School that show the school to be 3% over capacity in one report and by 7% in another report. While not exuberant about an interim gap fee, she stated that they understand this is a difficult problem.

            In response to an inquiry by Commr. Cadwell regarding a tie to the road construction in regards to the development, Ms. Bonifay answered “no.” She reiterated that, back in November 2003, they did not realize this was a real issue because it had not been brought to their attention. She explained that the Sunnyside people were satisfied that the County is operating in good faith to move forward with the road improvements. She stated that there are no road requirements included in the Declaration of Covenants. She asked for the Board’s approval of the request.

            Commr. Hill commented that the major concern was the road issue, including the right of way, proper drainage and the road width.

            Mr. Fred Schneider, Engineering Director, Lake County Public Works Department, stated that the County is moving forward on the design for realigning the curve north to the City limits, appraisals have been acquired for properties that will be needed and the Board has an agreement with the St. Johns River Water Management District for the land through their property. Negotiations with property owners to purchase the right of way are moving forward. There is some concern on the segment further to the south because it is an inverted crown roadway with drainage down the middle of the road without stormwater treatment for that section of the road. Consideration is being given to bringing road improvements farther to the south.

            Commr. Hill remarked that there is a sports complex in the area that will be open soon.

            Mr. Schneider explained additional possible road improvement options.

            In response to an inquiry by Commr. Hill regarding a road right of way from the developer, Mr. Sandy Minkoff, County Attorney, stated that it is not required but an analysis will be done at the time of the plat. If, in the judgment of the engineer, it is warranted and a need for the right of way is caused by the development, a request will be made.

            Commr. Cadwell reiterated his concerns with the school problems.

            Commr. Hill explained that this case has been postponed for months in an effort to speak with residents and any others who have any type of interest. She opined that a good resolution has been achieved. While school overcrowding may not be an issue, there may be a problem with lunchroom capacity in some areas but she did not see an increase in capacity being proposed in the next five years.

            Commr. Hill made a motion for approval of the request to rezone the property; to include a developer’s agreement with the homeowners association that would run with the land; city sewer and water are to be provided; density at 2.5 units per acre and limited to 120 single family lots.

            In response to an inquiry by Commr. Cadwell regarding the voluntary gap fee, Commr. Hill stated that she can include the voluntary gap fee.

            Commr. Hanson remarked that the gap fee provision is not necessary in the motion because there is a diminimous impact to the schools. She stated that she could vote for the motion if that provision is not included.

            Commissioners Hill and Pool expressed a desire to be consistent with the other cases.

            Commissioners Cadwell and Hanson agreed that, if there is no harm to the school system, why should they have to pay. They expressed that they do not know that there is no harm to the school system because of conflicting reports from the school board.

            Commr. Pool reiterated a desire to be consistent. The gap fee is voluntary and, if the school system says it does not need those dollars in this area, they could refuse it.

            Mr. Minkoff clarified that because the gap fee is strictly voluntary on all of today’s cases, it would never come back to the Board. If the School Board says they do not need it, the developers would not pay it. If the School Board says they do need it, we would hope the developers would honor their commitment and pay it.

            Commr. Cadwell remarked that it may not need to be consistent because there may be areas where additional funds are needed and where they are not. He suggested that conversation should be held during the upcoming meeting with the School Board.

            Commr. Hill stated that she will include the voluntary gap fee of $2,000 in her motion.

            Commr. Pool seconded the motion.

            Commr. Stivender called for a vote on the motion which carried by a vote of 3-2 for Board approval of Ordinance 2004-25, Rezoning Case PH#68-03-1, Margaret Stokes Call, Virginia H. Allen, B.A.W., Inc., Long Farms North, Inc., Thomas Berry Long, III, President, Cecelia Bonifay P.A., Tracking #102-03-Z, a request to rezone from R-1 (Rural Residential) to R-4 (Medium Suburban Residential) to provide for medium density single-family usage; to include a developer’s agreement with the homeowners association that would run with the land; city sewer and water are to be provided; density will be 2.5 units per acre and will be limited to 120 single family lots; to include a voluntary gap fee up to $2,000 per home in addition to the current school impact fee.

            Commissioners Cadwell and Hanson voted “No.”

            REPORTS - COMMISSIONER CADWELL - DISTRICT #5

            WEKIVA ISSUES

            Commr. Cadwell announced that he needed to leave the meeting to return to Tallahassee and gave the Board an update on Wekiva issues. He reported that he attended a House Committee meeting last week on Rep. Frederick C. “Fred” Brummer’s bill (HB 849 CS, Wekiva Study Area and the Wekiva Parkway). Commr. Cadwell stated that he shared Lake County’s support of the Senate version (by Natural Resources and Sen. Lee Constantine, CS/SB 1214 - Wekiva Parkway & Protection Act) because it mirrors the Wekiva River Basin Coordinating Committee’s recommendations. He stated that he had a long visit with Rep. Carey Baker (District 25) to try to answer some of his concerns and had a long telephone discussion with the City of Eustis to make sure Lake County’s representatives know there is no conflict between the cities and the County on any major issues. Commr. Cadwell stated that, during the session, the only concern he had was with regard to the $25 million to be set aside to start land acquisition. There was some discussion regarding letting that be part of the $300 million in the Florida Forever program (a division of the Florida Department of Environmental Protection). He stated that would really undermine this project because this is not a land acquisition project, it is a road project that requires some land acquisition. Commr. Cadwell urged the Board members, when talking with Lake County’s representatives, to not let the money be lumped in with the Florida Forever program.

            Mr. Sandy Minkoff, County Attorney, explained that Ms. Sarah M. Bleakley, of Nabors, Giblin & Nickerson, PA, has been monitoring the bill using the County’s normal retainer agreement.

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved to authorize Ms. Bleakley to register as a lobbyist for Lake County.

            Mr. Minkoff noted that there is another House Committee meeting today. Mr. Minkoff and Mr. Welstead will try to monitor upcoming meetings.

            At 12:10 p.m., Commr. Cadwell left the meeting.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            COMMUNITY SERVICES

            HEALTHY COMMUNITY ACCESS PROGRAM GRANT

            Mr. Fletcher Smith, Director, Department of Community Services, stated that the U.S. Department of Health & Human Services is accepting grant applications for Healthy Community Access Program Grants. This grant will enable the expansion of infrastructure of community health providers to give more access to the medically indigent in Lake County to receive primary care and other specialty care. The grant would provide infrastructure for administrative and operating costs and a lot of things other than direct patient care. The initial grant could be up to $900,000.00, with the possibility of funding for two subsequent years at a lesser amount. Currently, the three local hospitals are each operating a separate and independent medically indigent clinic. The hospitals are committed to working together and with the Lake County Health Department, Lifestreams Behavioral Center and the Community Health Center, Inc. The grant application is due April 5, 2004. He stated that Lake County would be the lead agency and, if the application is successful, would contract with the U.S. Department of Health & Human Services. A board would be developed that would be comprised of members from the agencies listed above.

            In response to an inquiry by Commr. Hill regarding We Care and the Comprehensive Health Care Committee and duplicating services, Mr. Smith stated that We Care is still in existence and is an important aspect of this system of care because of the speciality care they provide. He stated that a new board would be in addition to the Comprehensive Health Care Committee members and services would not be a duplication of existing Health Department services.

            Mr. Smith discussed information on Model 1 and Model 2 and remarked that it will be crucial, if the grant is received, that the hospitals and other partners will have to make a commitment that this program will continue past the grant phase. He pointed out that Lake County may be several steps ahead of some other applicants because the hospitals stepped forward with their medically indigent clinics several years ago.

            A motion was made by Commr. Pool and seconded by Commr. Hanson for Board approval of the request by the Community Development Department to submit the grant application for the Healthy Community Access Program Grant to the U.S. Department of Health & Human Services.

            Under discussion, Commr. Hanson asked if the County can lobby for the grant.

            Mr. Smith stated that the County’s federal lobbyists, Alcalde & Fay, could be utilized and noted that Lake County’s portion of the cost of preparing the grant is approximately $3,400.

            Commr. Stivender noted that information on the grant should be sent to Lake County’s federal lobbyists, Alcalde & Fay.

            Commr. Stivender called for a vote on the motion which carried unanimously, by a vote of 4-0.

            PUBLIC WORKS

            LAND AND WATER CONSERVATION PROGRAM GRANT FOR

            LAKE IDAMERE PARK

            Mr. Bob Stevens, Parks and Recreation Director, explained that the Lake Idamere Park project does not have to be on the Lake County Capital Improvement Program (CIP) in order to apply for a Land and Water Conservation Program Grant. Twenty points would be lost if it is not identified in the five-year capital plan but ten points will be given if the commitment is made to put it in the plan if the grant is awarded.

            Discussion occurred regarding CIP requirements for the application.

            Mr. Sandy Minkoff, County Attorney, will review the requirements of the grant with Ms. Amye King, Growth Management Department, before the grant application submission date of March 31, 2004.

            Mr. Stevens pointed out that, regarding matching money, $100,000 has been committed in the existing budget but the County has not been allowed to use the land value of the property that was just donated. He stated that a switch to in-kind services has been made and we should be able to be match that money easily.

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the request from the Public Works Department to apply for a Land and Water Conservation Program Grant for Lake Idamere Park.

            PROGRAM ANALYSIS AND CONTRACT MANAGEMENT

            TRANSPORTATION DISADVANTAGED PROGRAM

            (ADDENDUM NO. 1. II. A. 1.)

            Ms. Sarah LaMarche, Director of Program Analysis & Contract Management, presented a request for Board approval for the Lake County Fleet Maintenance Division to assume the responsibility for maintenance of buses which are currently owned by the Department of Transportation and the Board of County Commissioners. The buses are used in the Transportation Disadvantaged program. She stated that her department has worked with the County Attorney’s office, Lifestream Behavioral Center’s staff, and with the Public Works Department. She stated that all parties are ready for, and in agreement to, the transition. She added that the use of gas cards will automatically indicate when preventive maintenance is due.

            Mr. Sandy Minkoff, County Attorney, stated that a contract amendment will be brought back to the Board for approval.

            Commr. Hanson mentioned the possibility that the County might contract out the maintenance at a later date.

            Ms. LaMarche stated that work is being done to ensure that the Department of Transportation has exactly what they need in order to get funding from them.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the Lake County Fleet Maintenance Division to assume the responsibility for maintenance of buses owned by the Department of Transportation and the Board of County Commissioners for use in the Transportation Disadvantaged program.

            REPORTS - COUNTY MANAGER (ADDENDUM NO. 1, III. A. 1.)

            DESIGNEE TO SALES SURTAX OVERSIGHT ADVISORY COMMITTEE

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the appointment of Major Chris Daniels as the designee of the Sheriff’s Office to serve on the Sales Surtax Oversight Advisory Committee.

            REPORTS - COUNTY ATTORNEY

            LITIGATION

            Mr. Minkoff informed the Board that Orange County and Orlando Utilities Commission (OUC) may have reached an agreement, not public yet or adopted by their boards, very similar to the agreement being worked on between Lake County and OUC with respect to litigation.

            REPORTS - COMMISSIONER HILL - DISTRICT #1

            REPUBLICAN PARTY MEETING

            Commr. Hill announced that Mr. Mel Martinez will be the speaker at the Republican Party meeting tonight at 7:00 p.m. at the Tavares Civic Center.

            REPORTS - COMMISSIONER POOL - DISTRICT #2

            Commr. Pool urged everyone to attend and support the Lake County Fair which will be held Thursday, April 8, through Saturday, April 17, 2004.

            REPORTS - COMMISSIONER STIVENDER - CHAIRMAN & DISTRICT #3

            PROCLAMATION - PURCHASING MONTH IN LAKE COUNTY

            Commr. Stivender stated that today’s County Manager’s Consent Agenda included a Proclamation declaring March 2004 as Purchasing Month in Lake County. She recognized those employees and offered thanks for all that they do.

            Commr. Hanson mentioned that it might be good to include language in the Proclamation regarding a prior County resolution that supports purchasing of recycled products whenever cost effective.

            Commr. Stivender stated that staff can take that under advisement.

            LAKE COUNTY SHARED SERVICES NETWORK

            Commr. Stivender stated that Commr. Cadwell, when he was Chairman of the Board of County Commissioners, attended quarterly meetings of the Executive Roundtable of the Lake County Shared Services Network. She requested that she be appointed by the Board to attend those meetings.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board appointed Commr. Stivender to attend quarterly meetings of the Executive Roundtable of the Lake County Shared Services Network. 

            CENTRAL FLORIDA DRAGON BOAT FESTIVAL

            Commr. Stivender announced that the County’s team, the Oar Dogs, competed in the 2nd annual Central Florida Dragon Boat Festival and placed 11th out of 33 teams, receiving a bronze medal. The races were held in downtown Tavares and sponsored by the Tavares Rotary Club.

            Commr. Hill participated by riding in the boat which was entered by the Lake County Children’s Foundation.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:30 p.m.

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DEBBIE STIVENDER, CHAIRMAN

ATTEST:

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JAMES C. WATKINS, CLERK