A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 16, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, November 16, 2004, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Linda Green, Executive Associate, Board of County Commissioners’ Office; James C. Watkins, Clerk of Court; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
INVESTITURE OF COMMISSIONERS/OATH OF OFFICE
Commr. Hanson officiated over the investiture of reelected Commissioners Jennifer Hill, Debbie Stivender and Welton Cadwell.
The Reverend Denman Jones, First United Methodist Church of Tavares, gave the Invocation.
Sheriff Fred A. M. Cobb led the Pledge of Allegiance.
Commr. Hanson recognized the following elected officials and persons in leadership roles: Sheriff-Elect Chris Daniels; Mascotte City Manager Glenn Irby; Mr. Steve Vaughn, Former Planning & Zoning Commissioner; Mr. Skip Goerner, Vice Chairman, Harris Chain of Lakes Restoration Council; Mr. Noel “Evie” Griffin, Jr., Former Lake County Sheriff; Mr. Leo Vaughn, Former Mayor of Tavares; Mr. Jim Myers, Jr., Executive Director, League of Cities; Mr. Paul Bryan, Chairman, Lake County Zoning Board; Mr. Charles Strickland, Former Leesburg City Commissioner; Mr. Dennis Wilson, Tavares City Council Member; Mr. Dan Semenza, Chairman, Republican Party of Lake County; Mr. Ted Wicks, Tavares City Council Member; and Ms. Linda Chapin, Director, Metropolitan Center for Regional Studies, University of Central Florida and Former Orange County Chairman.
The Honorable Mark J. Hill, Circuit Judge, administered the Oath of Office to Commissioner Jennifer Hill.
The Honorable James C. Watkins, Clerk of Court, administered the Oath of Office to Commissioner Debbie Stivender.
The Honorable James C. Watkins, Clerk of Court, administered the Oath of Office to Commissioner Welton Cadwell.
Commr. Hill introduced family members who were present at the meeting. She expressed her appreciation to the citizens of Lake County and to her mentor and friend, Mr. Bob Williams, Attorney.
Commr. Stivender introduced family members who were present at the meeting. She expressed her appreciation to her friends and supporters for giving her another four years to try to accomplish the things that need to be done for Lake County. She asked those present to remember that the Commissioners are serving the residents and are doing the best jobs that they can do.
Commr. Cadwell introduced family members who were present at the meeting. He expressed his appreciation to the people who have helped him over the years.
Commr. Hanson remarked that this Commission is a good Board that sincerely has the interest of Lake County at heart with every decision that is made.
Commr. Hanson then announced that the Board would recess for fifteen minutes for the Investiture Reception in the Rotunda.
RECESS & REASSEMBLY
At 9:45 a.m., Commr. Stivender reconvened the Board meeting.
INVOCATION
Clerk of Court James C. Watkins gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, noted that there is an Addendum No. 1 with a consent agenda item.
Mr. Sandy Minkoff, County Attorney, stated that he would like to give the Board a report, under his business, on a case regarding juvenile justice where Lake County is involved as a plaintiff against the State of Florida.
MINUTES
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Minutes of September 28, 2004, (Regular Meeting) as presented.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of October 5, 2004, (Regular Meeting) as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of October 26, 2004, (Special Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 9, as listed below.
In referring to Item 6, Mr. Watkins expressed his pride at being able to present $1,897,616.60 to the Board for the Lake County Clerk’s Office excess fees for Fiscal Year 2003/2004.
Commr. Stivender remarked that an additional check was received from the Tax Collector in about the same amount. She stated that the public needs to know that funds that are not spent in these departments come back to the General Revenue.
Contractor Bonds
Request for approval of Contractor Bonds: New, Cancellations, Reinstatements and Riders, as follows:
New
1420-05 Paul C. Thomas/Paul C. Thomas & Associates, Inc. (Building)
5261-05 Darel G. Taylor/Crown & Company Custom Home Builders, Inc. (Residential)
5737-05 Guinn’s Electrical Services
5814-05 Paul J. Arroyo dba PJA Electrical Contractor, Inc.
5822-05 Ayala Electric Service, Inc.
5889-05 Debbie L. May/May-West Construction, Inc. (Spec/Alum)
6011-05 Dougs Landscaping & Irrigation
6175-05 Eddie Millwater/dba A Wizard Electric
6206-05 Charles E. Allen/Gator Signs, Inc.
6217-05 George Joseph Anthon (Irrigation)
6218-05 IMS Roofing, LC & Irwin Shumsky
6219-05 Mark Pait dba Pait Electric, Inc.
6220-05 Ray DiGiovanni (Drywall/General)
6221-05 Mark Sapp dba Grandview Landscaping Services, Inc.
6222-05 Fred J. Fairchild dba Fred J. Fairchild Electric, Inc.
Cancellations
4648-04 Sickels Plumbing, Inc.
5668-04 Caribbean Electric, Inc.
5788-04 John Himmelman dba Key Masonry, Inc.
5795-04 Walters Electric, Inc.
Reinstatements
5467-04 David Sharp Electric, Inc.
5685-04 Edward Mueller dba Pike General Contracting
5960-04 Wendell D. Nichols dba Nichols Nursery/Landscape
6051-05 William R. Gamble, IV
6202-05 Michael B. Martin dba Alamar Services, Inc.
Riders
1223-05 Pat Smallwood (Sign Erecting Contractor) bond number is changed from 203058 to 957712 66250323.
1490-05 Principal’s name is changed to read: Ed Lynum dba Lynum & Lynum Construction Company, Inc.
1516-05 3D Plumbing Co I LLC bond number is changed from 203057 to 957712 66250320.
1682-05 James R. Makin James R. Makin, Inc. bond number is changed from 669275 to 927712 66247738.
4242-05 Jay W. Samartino bond number is changed from 203028 to 887712 66243179.
4379-05 Rick A. Taylor/Rick Taylor Electrical, Inc. bond number is changed from 987712 20252604 to 987712 66252604.
4558-04 Change from Danny Dowless d.b.a. Dowless Construction to Danny Dowless d.b.a. Dowless Construction, Inc.
4617-05 Ronald C. Sherritt/SCR Builders, Inc. bond number is changed from 669254 to 887712 66243145.
4999-05 Thomas G. Scott, Jr., bond number is changed from 203065 to 957712 66250540.
5694-05 Marilyn J. Sandholm bond number is changed from 987712 20253369 to 987712 66253369.
5824-05 J & R Plumbing Services / Eric R. Oliphant bond number is changed from 007712 20255347 to 007712 66255347.
5842-02 Principal’s name is changed from William N. Shaffer / Shaffer Electrical Contracting, Inc. to William N. Shaffer / Shaffer Electrical Contracting.
5874-05 Principal’s name is changed from Osborne & Tokics to Osborne & Tokics Development, Inc.
5902-05 Principal’s name is changed to read Jakab Zoltan d.b.a. Jack’s Irrigation Service, Inc.
5973-05 Principal’s name is changed to read Hunnewell Irrigation Service & Repair, Inc.
6149-05 Patricia Anne Weeks dba Arlington Homes, LLC - Term of this bond is extended from October 1, 2004 to October 1, 2005.
List of Checks or Warrants
Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Lands Available for Taxes in Lake County
Request to acknowledge receipt of list of properties not sold at Tax Deed Sale of Tax Certificates, which was held on October 12, 2004. Said properties were entered on the “Lands Available for Taxes in Lake County, Florida” list on said date. Lake County has until January 10, 2005, to purchase property from Lands Available List before it is available to the public.
Final Internal Audit Report - Public Safety Department, Fire and Rescue Division
Request to acknowledge receipt of Final Internal Audit Report, Public Safety Department, Fire and Rescue Division (Report No. BCC 01-04 dated September 22, 2004). This internal audit was conducted at the request of the County Manager in behalf of the Board of County Commissioners.
Engagement Letter from Ernst & Young for Calculation of Arbitrage Rebate
Request for approval of Engagement Letter from Ernst & Young for calculation of arbitrage rebate on the following debt: $69,615,000 Industrial Development Refunding Revenue Bonds, (NRG/Recover Group Project), Series 1993A. $4,400,000 Sales Tax Revenue Bonds (Pari-Mutuel Revenues Replacement Program), Series 2000. The fiscal/budgetary impact will be $5,500.
Clerk of Courts Excess Fees for FY 2003/2004
Request to acknowledge receipt of Clerk of Courts’ Check #099191, which represents Excess Fees for FY 2003/2004, in the amount of $1,897,616.60.
Florida Water Services - Sale to Aqua Utilities Florida, Inc.
Request to acknowledge receipt of a letter from Aqua Utilities, Inc., stating that Florida Water Services Corporation and Aqua Utilities Florida, Inc. (Aqua) announced in April 2004 that the companies had reached an agreement to transfer the remaining Florida Water systems to Aqua. Attached is a public notice, which addresses the transaction, which was originally sent at the end of August 2004, however, because of the turbulent weather that plagued Florida and other parts of the South during that time, they felt that is was possible that there was not an opportunity to review the notice. They felt it would be best to re-send the notice to ensure that everyone has had the opportunity to read it.
Public Service Commission - Brendenwood Water System, Inc.
Request to acknowledge receipt of notice: Before the Public Service Commission, in re: Application for transfer of majority organizational control of Brendenwood Water System, Inc., holder of Certificate No. 339-W in Lake County, from Paul E. Day to Deborah J. Miller, Docket No. 040276-WU, Order No. PSC-04-1054-PAA-WU, Issued October 27, 2004 - Order Approving Transfer of Majority Organizational Control and Notice of Proposed Agency Action Order Approving Establishment of Rate Base, by Order of the Florida Public Service Commission the 27th day of October 2004. Notice of Further Proceedings or Judicial Review, as noted.
Wachovia - Transfer Unallocated Interest
Request for approval to close a separate bank account at Wachovia used for cash deposits for developer’s agreements, to transfer unallocated interest of approximately $22,000 to the General Fund, to hold these funds in pooled cash and for any future interest earnings to be transferred to the General Fund on an annual basis. Fiscal/Budgetary Impact: Approximately $22,000 in interest earnings will be transferred to the General Fund. On an ongoing basis, the interest earnings will vary depending on the cash deposits. An estimate based on the current deposits of $66,000 would be about $2,000 annually. Approval, as indicated above, is subject to approval by the County Attorney.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3-34, pulling Tabs 3.2, 9, 11 and 15 for discussion, and adding Addendum No. 1, for the following requests:
Budget
Fiscal Year 2003-2004 - Budget transfer – General Fund, Constitutional Officers/Sheriff, in the amount of $161,845.00 is requested. Transfer $161,845.00 from Law Enforcement – Personal Services ($141,845.00) and Corrections – Personal Services ($20,000.00) to Law Enforcement – Equipment ($141,845.00) and Corrections – Operating Expenses ($20,000.00). The Sheriff is requesting the transfer pursuant to F.S. 30.49.
Fiscal Year 2004-2005 – Budget transfer – Solid Waste Closure and Long-Term Care Fund, Department of Environmental Services, Umatilla Post Closure Division, in the amount of $6,570.00 is requested. Transfer $6,570.00 from Special Reserve to Professional Services. Funds needed to have a survey performed for monitoring wells. FDEP is requiring a boundary survey and vertical and horizontal locations for monitoring wells. Previous surveys are over ten years old and not referenced to state plane coordinates. Funds available in Special Reserve.
Fiscal Year 2003-2004 – Resolution 2004-186 to amend the Road Impact Fees Fund in order to receive unanticipated revenue for Fiscal Year 2003-2004 in the amount of $225,550.00 deposited into County Incentive Grant Program and provide appropriations for the disbursement for Roads.
Community Services
Approval to apply for the National Book Scholarship Fund Grant to support the Lake County Library System Family Literacy Program and for the Library Services Director to sign the grant application.
Approval of recommended library closings for calendar year 2005.
Adoption of the Fiscal Year 2004-2005 Annual Plan of Service and Combined Budget for the Lake County Library System.
Employee Services
Approval to accept and for signature on the renewal for continued services at the current contract rate from Aon Consulting, Inc. for the employee benefit plan analyses, reports and recommendations for programs.
Environmental Services
Approval to transfer the Water Resources Atlas hosting from Lake County to the University of South Florida (USF) server; approval of the Lake County/USF Hosting Agreement; approval of related budget transfer in the amount of $9,000.00 to cover costs that will be incurred in 2005; and approval of the Funding Agreement with the Lake County Water Authority.
Procurement Services
Approval to award the contract for Third Party Administration Services for the Property, Liability and Workers Compensation Insurance (RFP Number 04-127) to Employers Mutual, Inc. in the amount of $46,850.00 (+ Loss Control expenses as needed – not to exceed $10,000.00).
Approval to award the contract for the Engineering Services for Britt Road to Reynolds, Smith and Hills, Inc. in accordance with RSQ Number 04-098 for $202,932.62.
Public Safety
Approval and signature on Lease Agreement between Lake County and Forest Hills Association, Inc. for the Forest Hills Volunteer Fire Station.
Approval of Form 9 and Budget Transfer, in the amount of $44,964.00, for the addition of one new Firefighter position in order to equal staff on all three shifts of the Lake County Fire Rescue Division's operations.
Public Works
Approval and authorization to accept a Performance Bond in the amount of $2,548,580.76 from Ginn-LA Pine Island Ltd., L.L.L.P. for roadway improvements on CR-455 associated with the Bella Collina subdivision.
Approval and authorization to release a Letter of Credit for Landscaping requirements in the sum of $22,526.00 and release a Letter of Credit for Maintenance in the amount of $24,897.08 both of which were posted for Arrowhead Phase 3. Arrowhead Phase 3 consists of 56 lots – Commission District 2.
Approval and authorization to release a Letter of Credit for Maintenance in the amount of $27,660.00 posted for Oaks at Lake Dorr. Oaks at Lake Dorr consists of 20 lots – Commission District 5.
Approval and authorization to release a Letter of Credit for Maintenance in the amount of $8,250.00 posted for B-Tween Waters. B-Tween Waters consists of 10 lots – Commission District 5.
Approval and authorization to release a Letter of Credit for Maintenance in the amount of $29,647.00 posted for Courtney Jane Estates. Courtney Jane Estates consists of 36 lots – Commission District 4.
Approval and authorization for the Chairman and County Attorney to sign the Addendum 1 to Grant Contract for extension of the Grant Contract until January 31, 2005 for acquisition of the PEAR Park Gateway property.
Approval to find the conditions precedent listed in the Purchase Agreement between Lake County and L. L. Swor, Inc. a/k/a Furniture Country have been satisfied.
Approval and authorization for signatures on the Lease Agreement for the Astor Boat Ramp Residence with Charles Pendergrass.
Approval and authorization to release a Letter of Credit for Maintenance in the amount of $23,807.00 posted for Lost Lake Pines. Lost Lake Pines consists of 40 lots – Commission District 2.
Approval and authorization to release a Letter of Credit for Performance in the amount of $1,980.00 posted for Crescent Lake Club First Addition. Crescent Lake Club First Addition consists of 131 lots – Commission District 2.
Approval to execute a new lease agreement with Delaporte Properties, LLC for the Health Department Clinic in Mount Dora.
Approval and authorization to execute Resolution 2004-187, repealing and replacing Resolution 2002-187, accepting Blue Sky Way into the Lake County Road Maintenance System. Sunrise Lakes Phase II consists of 55 lots – Commission District 2.
Approval and authorization to release a Letter of Credit for Maintenance in the amount of $4,378.00 posted for Shangri-La Shores Phase 1. Shangri-La Shores consists of 35 lots – Commission District 5.
Approval and execution of an Interlocal Agreement with the City of Tavares for the annexation of right of way and the transfer of jurisdiction for a roadway known as Slim Haywood Avenue.
Approval and authorization to advertise for bids for Lake Kathryn Community Development Block Grant Phase IV Paving Project Number 2005-02 at an estimated cost of $400,059.00 – Commission District 4 – Funding will be through the Community Development Block Grant.
Approval and authorization for signature on the Grant Agreement for Phase II Development of Lake Idamere Park, funded by the Land and Water Conservation Fund Program.
Approval and authorization to execute a First Amendment to Agreement between Lake County and Grubbs Construction Company for Disaster Recovery Services to include a retainage provision and clarify payment of services.
Approval and signature on Resolution 2004-188 to advertise Public Hearing for Vacation Petition Number 1039 by Eric H. Coe, Representative Bowen & Campione, P.A., to vacate a utility easement in the Plat of Park at Wolf Branch Oaks Phase 4, located in Section 24, Township 19 South, Range 27 East, in the Mount Dora area – Commission District 4.
Approval and signature on Resolution 2004-189 to advertise Public Hearing for Vacation Petition Number 1025 by Burgess, Trustee/Moukhtara, Representative Steven J. Richey, P.A., to vacate a portion of right of way and cease maintenance on a portion of a County maintained roadway known as Myrtle Lake Avenue (Number 5405), located in Section 8, Township 19 South, Range 24 East, in the Fruitland Park area – Commission District 1.
Approval and authorization to accept the final plat for Musselwhite Farms and all areas dedicated to the public as shown on the Musselwhite Farms plat; accept a Performance Bond in the amount of $6,600.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Amantha Musselwhite as Trustee.
PRESENTATION - RECOGNITION OF LAKE COUNTY EMPLOYEES
REGARDING STORM DEBRIS CLEANUP
Ms. Cindy Hall, Assistant County Manager, recognized Lake County Environmental Services and Public Works employees who were tasked with the overwhelming job of debris clean up as a result of hurricanes in August and September 2004. By late October, storm debris clean up had reached more than 525,000 cubic yards of debris, 13 percent of which was delivered by the citizens themselves at drop-off sites. At the height of the activity, employees were handling debris from almost 180 trucks which were delivering more than 600 loads of debris each day. To handle the tremendous amount of debris, the Lake County Landfill and five drop-off sites expanded hours of operation to 12 hours per day, seven days per week beginning September 12, 2004. Through October 27, 2004, these dedicated employees served diligently, many of them postponing personal plans, vacations and repairs to their own homes, to assure that Lake County residents could resume normal lifestyles as soon as possible. These employees recorded more than 5,000 overtime hours in 45 days which would be more than two and one-half years of work for one employee.
Ms. Hall called the following employees forward: Harrie Edwards, Julius Anderson, John Dinsmore, Buddy Rich, Joe Davey, James Kennedy, Demetri Mouyos, Don Murray, Jeff Swanson, Richard Torres, Dale Warren, Jeff Wisniewski, Kevin Allen, John Carlson, Bartholomew Crowe, Dennis Wood, Randall Murtha, Mike TerMeer, Shauron Carter, Leon Burton, and Tom Eicher. Ms. Hall stated that this group of drop-off attendants, equipment operators, landfill attendants, maintenance workers, landfill supervisors and hazardous waste employees served the community under undesirable working conditions such as power outages, inclement weather, and exhausting hours, but did so with a positive and friendly attitude.
Ms. Hall called the following employees forward: Gary Debo, Kristian Swenson, Dennis Warren, Cindy Heffler, Brenda Likely, Linda Maggert, Mary Ellen Roberts, Patti Young, Jan Goodman, Sharon Hogan, Dee Baltazar, Carol Griffin, Tina Smith, Susan Taylor and Kent Tombow. Ms. Hall stated that this group of managers, customer service employees and scales weighmasters provided tremendous team support. Weighmasters operated the truck scales at a feverish pitch by averaging a transaction every 56 seconds, inspectors crisscrossed the County and the customer service staff handled almost 16,000 calls from citizens.
Ms. Hall concluded the recognition by stating that the debris clean up effort contained many personal sacrifices and extraordinary efforts by these individuals. The most rewarding experience was to witness these staff members serving the County with an unequaled team attitude.
PRESENTATION - LAKE COUNTY WATER DAY
Commr. Stivender presented Proclamation 2004-167 (approved by the Board on October 5, 2004) proclaiming November 22, 2004, as Lake County Water Day to Ms. Mary Reamer who was present on behalf of the Ocklawaha Audubon Society.
Ms. Reamer thanked the Board for recognizing Water Day and thanked the Lake County Water Authority for providing some of the funding for the Audubon Activists kits that are presented to all the third, fourth and fifth graders in Lake County. She thanked the National Audubon Society for their in-kind donations to the same effort. Ms. Reamer thanked and recognized Dr. Mary Anderson who has spent countless hours working on educating the youth of Lake County in environmental matters.
PRESENTATION - GEORGE HANSFORD, 2004 BUILDER OF THE YEAR
Commr. Stivender presented Proclamation 2004-184 (approved by the Board on November 2, 2004) to George Hansford who was named the Florida Home Builders Association 2004 Builder of the Year.
Mr. Hansford expressed his appreciation to the Board and stated that this recognition is very gratifying.
PRESENTATION - NORTHEAST LAKE COUNTY COMMUNITY PARK
Mr. Bob Stevens, Parks and Recreation Director, Department of Public Works, gave a brief update on the acquisition project of the Northeast Community Park. He stated that the Parks and Recreation Master Plan identified the need for a community park in northeast Lake County, in addition to several other areas of the County. Several sites were identified and reviewed and one site was approved by the Board. The site has been acquired and the Department is in the process of doing a conceptual site development plan that will be taken to the community group meetings and will be taken to the Parks and Recreation Advisory Board for their review and comment. Hopefully, a presentation will be made to the Board by mid-January 2005 which will include a design and the development costs. He expressed his hope that matching grants will be identified.
PRESENTATION - MYREGION.ORG
Mr. R. Randolph Lyon, Jr., Chair, myregion.org, and President, Central Florida Region, Ginn Development Company, introduced Ms. Shelley Lauten, myregion.org Project Director; Ms. Margot Knight, President and Chief Executive, United Arts of Central Florida, Inc.; and Ms. Linda Chapin, Vice Chair, myregion.org, and Director of the Metropolitan Center for Regional Studies, University of Central Florida.
Mr. Lyon noted that the myregion.org project is nearly four years old and referred to the SourceBook, Central Florida’s regional agenda, which was developed over a three-year period with more than 3,000 citizens and 300 leaders involved across seven Central Florida counties. (A copy of the SourceBook is included in the backup material.) Those counties (Orange, Lake, Seminole, Osceola, Brevard, Volusia and Polk) have all come to agreement on some critical regional issues. The task through 2007 is to implement the strategies which are outlined in the SourceBook. The implementation phase will address the six Regional Priorities listed on Pages 9 through 19, and the ten Regional Resolves which appear on Pages 22 and 23 of the SourceBook. As outlined in the Scope of Work, myregion.org will accomplish the following:
1. Envision and empower regional initiatives,
2. Educate stakeholders through data exchange and community outreach,
3. Communicate to constituencies,
4. Measure the impact of regional collaboration and cooperation.
Ms. Chapin congratulated the Board on the referendum on natural lands which was passed by a 70% to 30% vote and which shows wisdom and foresight on the part of the Board and the citizens of Lake County. She stated that myregion.org is developing a seven-county open space plan that recognizes that ecosystems like roads and water do not have any regard for county or municipal lines. The plan will address two main goals. First, and most important, will be to provide a viable connected ecosystem for the East Central Florida Region; second, to provide a support system that will offer support to counties that now have funds to seek matching State grants. She remarked that the East Central Florida Regional Planning Council is working on a seven-county regional database that will take all of the land use designations and all of the different codes and find a way to translate them so that all seven counties can talk to each other. The database will include printable maps, digital files and a common language for better communication. A seven-county project for regional indicators will measure educational standards, healthcare standards, and quality of life issues. Ms. Chapin announced that she is involved in a regional leadership program recognizing that the education of business, civic and political leaders should be promoted so that they think regionally and share regional ideas with the local communities.
Ms. Knight stated that she co-chairs the subcommittee that is devoted to arts heritage, nature-based tourism, sports and entertainment. She stated that Lake County has successfully integrated all of those enterprises under the leadership of Mr. Greg Mihalic, Economic Development & Tourism Director. She congratulated Lake County on its success in integrating its cultural and natural assets in marketing the County. She stated that Lake County’s ads are everywhere and are very effective and funny and help erase the county’s lines. The subcommittee wants to assess the region’s collective economic and community benefits through cultural tourism and arts and museum activities so that the strength of the region can be presented to the world.
Mr. Lyon announced that the first ever Central Florida Education Summit will be held early next year and will bring together school superintendents, the Central Florida School Board Coalition and business and community leaders from nine counties who have established the ambitious goal of becoming leaders in math and science along the Florida high tech corridor. The East Central Florida Regional Planning Council is working to secure an economic development district designation for the entire region which will allow us to secure financial support for regional infrastructure over ten years that would not otherwise be available. There are six work groups completing regional plans and myregion.org will come back early next year with a more complete plan of action that will reflect accomplishment expected over the three-year period of 2005-2007. Mr. Lyon stated that Lake County has been a strong supporter of regional efforts and he looks forward to that continued generous support of talent and treasure.
Commr. Hanson noted that the Lake-Sumter Metropolitan Planning Organization was not mentioned in the literature and suggested that organization might want to be included.
PUBLIC HEARINGS - ROAD VACATIONS
PETITION NO. 1028 - FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, DIVISION OF STATE LANDS
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval and execution of a resolution for Vacation Petition Number 1028 by Florida Department of Environmental Protection, Division of State Lands, to vacate an easement, located in Section 30 and 31, Township 17 South, Range 29 East, in the Lake Mack/Royal Trails Area, Commission District 5. In referring to the map, he stated that the State of Florida wants to vacate the easement so they can make the surrounding State tracts contiguous. There is no unity of title and, technically, these are individual lots. If the State chose to dispose of these, the far north lot would be landlocked. Because of that, staff recommends denial. However, there are special circumstances and the Board may want to decide to go forward with the request. It would be time consuming for the State to obtain unity of title.
Mr. Sandy Minkoff, County Attorney, stated that it would be hard to dispose of a lot without some legal access being provided, however, that access might not meet the 50-foot zoning rule requirement.
Commr. Stivender opened the public hearing.
Mr. Joe Bishop, Florida Division of Forestry, explained that this parcel will become part of Seminole State Forest. He stated that the northernmost parcel in question is actually a part of surrounding land which has access. The land is being purchased as non surplus, therefore, the State would not be permitted to surplus this land, or sell it, in the future. The abandonment of this easement would not deny access to any adjacent landowner. Mr. Bishop explained that the future management of the property is solely for threatened and endangered species, specifically scrub jays. It may provide an impediment to that management if it were to be fenced and joined with existing fences. The unity of title is not being pursued in the interest of time, which could be three or four months. There is another issue in that this existing easement is delaying the execution of the State Lands’ lease whereby the Division of Forestry will be able to pick it up and start managing it. Each of the parcels on either side of the easement are twenty acres.
Discussion occurred on unity of title issues.
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 unanimously, by a vote of 5-0, the Board approved the execution of Resolution 2004-190 for Vacation Petition Number 1028 by Florida Department of Environmental Protection, Division of State Lands, a request to vacate an easement, located in Section 30 and 31, Township 17 South, Range 29 East, in the Lake Mack/Royal Trails Area, Commission District 5.
In response to an inquiry by Commr. Stivender regarding moving scrub jays, Mr. Bishop agreed that his office, at a local level, would be amenable to working with staff in the relocation.
Commr. Hanson suggested to Mr. Bishop that it would probably still be helpful if the State would come forward later to do a unity of title on all of the lots to eliminate those separate parcels.
Mr. Bishop stated that he will advise the Division of State Lands of that request.
PETITION NO. 1033 - MERRITT/BAPTIST CHURCH OF OKAHUMPKA
Mr. Jim Stivender, Jr., Public Works Director, stated that staff requests a postponement of Vacation Petition Number 1033 for Merritt/Baptist Church of Okahumpka, Representative Steven J. Richey, P.A., to vacate and cease maintenance on the County road known as the South Quarters Road #3-3109, located in Section 15, Township 20 South, Range 24 East, in the Okahumpka area, Commission District 3. He asked that it be rescheduled for December 7, 2004. A second community meeting at the church is scheduled for November 29, 2004, at 6:00 p.m., in an effort to have a larger number of people in attendance.
Commr. Stivender opened the public hearing portion of the meeting.
Mr. Jacky Atchley, of Main Avenue in Okahumpka, stated that there was not a prior meeting and that he received a telephone message to cancel the meeting about one and one-half hours before the scheduled time. He stated that four or five residents were at the church for that meeting anyway, but no one was there from the County and the petitioner was not there.
Commr. Stivender explained that there was a misunderstanding and that everyone in that area was not notified of the first meeting. She requested that Mr. Atchley and his neighbors attend the meeting on November 29 at the church.
Ms. Sharon Atchley stated that her husband was the only resident in the area to be notified of the first meeting.
Commr. Stivender assured Ms. Atchley that everyone will be notified this time of the meeting to be held on November 29.
There being no further 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 postponement, until December 7, 2004, of Vacation Petition Number 1033 for Merritt/Baptist Church of Okahumpka, Representative Steven J. Richey, P.A., to vacate and cease maintenance on the County road known as the South Quarters Road #3-3109, located in Section 15, Township 20 South, Range 24 East, in the Okahumpka area, Commission District 3.
PETITION NO. 1036 - LAKE COUNTY PUBLIC WORKS
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval and execution of a resolution for Vacation Petition Number 1036 by Lake County Public Works to vacate a portion of a drainage easement, in the Plat of Venetian Village, First Addition, located in Section 11, Township 20 South, Range 26 East, in the Tavares area, Commission District 3. He stated that this vacation will clear up an encroachment on part of the easement. Staff recommends approval of the request.
Commr. Stivender opened the public hearing portion of the meeting. 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. Hanson and carried unanimously, by a vote of 5-0, the Board approved the execution of Resolution 2004-191 for Vacation Petition Number 1036 by Lake County Public Works to vacate a portion of a drainage easement, in the Plat of Venetian Village, First Addition, located in Section 11, Township 20 South, Range 26 East, in the Tavares area, Commission District 3.
PETITION NO. 1038 - DEBORAH A. SIEFFERT
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval and execution of a resolution for Vacation Petition Number 1038 by Deborah A. Sieffert to vacate a right of way easement known as Windcrest Lane, located in Section 33, Township 21 South, Range 25 East, in the Groveland area, Commission District 2. In referring to the map, he explained that this is a matter of closing one easement and replacing it with another. Staff has received the deed and recommends approval of the request.
Commr. Stivender opened the public hearing portion of the meeting 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. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the execution of Resolution 2004-192 for Vacation Petition Number 1038 by Deborah A. Sieffert to vacate a right of way easement known as Windcrest Lane, located in Section 33, Township 21 South, Range 25 East, in the Groveland area, Commission District 2.
PUBLIC HEARINGS - REZONING CASES
REZONING CASE PH#66-04-2 - BANYAN HOMES - TIM GREEN,
GREEN CONSULTING GROUP - TRACKING #71-04-PUD
Ms. Jennifer Dubois, Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#66-04-2, Banyan Homes, Tim Green, Green Consulting Group, Tracking #71-04-PUD, a request to rezone from R-6 (Urban Residential) to PUD (Planned Unit Development). She showed the aerial map (which is included in the backup material) and stated that the 72.79-acre parcel is in the Clermont area, approximately 1/2 mile east of the intersection of Lakeshore Drive and Suggs Road, and south of Vista Grande PUD. The applicant requests the rezoning for the creation of a 154-unit residential subdivision in two phases at a gross density of 2.12 dwelling units per acre. Potable water will be supplied by Lake Utility Services and the development will have individual septic tanks. Ms. Dubois continued the Summary of Analysis and stated that staff recommends approval of the proposed rezoning.
Ms. Dubois explained that this parcel is within the Suburban Land Use. However, it meets timeliness and obtained points through the utilization of the Urban Area Residential Density Chart with a corresponding maximum allowable density of 2.5 dwelling units per acre. Without the rezoning to a PUD, the project would only be allowed one dwelling unit per acre. Suggs Road is a county-maintained clay road, however, the applicant proposes to access the property through the Vista Grande development which is in the construction plan review phase. She stated that the Public Works Department has stipulated that construction of this project could not begin before the Vista Grande roads are in place. Additionally, a vacation of the Suggs Road right of way will be required prior to final platting.
Mr. Sandy Minkoff, County Attorney, confirmed that this project cannot go forward until the adjacent development is done. Until Suggs Road is vacated, it cannot be platted because it is a County-maintained road.
Ms. Dubois stated that the applicant has submitted a written request for the waiver of the landscape buffering requirement contained in Section 9.01.04 of the Land Development Regulations because the perimeter areas are scheduled to be reserved for stormwater retention, for landscaping and for passive recreation. Staff feels that Little Lake Nellie will serve as a natural buffer, furthermore, the perimeter along the east and south is bordered by the Hills of Lake Louisa development which is of the same character as the subject development. Staff believes the request is reasonable and recommends approval of the waiver of the landscape buffer requirement. Ms. Dubois stated that the property lies within the Clermont JPA (Joint Planning Area) but the only comments received have been from the Clermont Public Works Department advising that central sewer is not available in the area of the subject parcel.
Ms. Dubois explained that Mr. Terry Adsit, Senior Planner, Lake County Schools, stated in his report that “The School Board will pose no official opposition to this development action provided the Developer pays the proposed School Impact Fees of $10,775 per single family dwelling unit. Should Developer pull any building permits prior to the approval and adoption of the proposed School Impact Fee of $10,775 per single family dwelling unit, the Developer shall pay a GAP FEE of $7,286 in addition to the current School Impact Fee ...” She has no knowledge that the builder has agreed to this, but it was discussed during the PUD conference and the developer is aware of the issue.
Commr. Stivender noted that no school representative was present.
Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant and the applicant’s representatives.
Mr. T. J. Fish, Senior Planner, Green Consulting Group, Inc., stated that the applicant is asking for the PUD designation, basically following the rules of the Lake County Comprehensive Plan and the Land Development Regulations. He stated that Suggs Road provides legal access to properties to the south. He confirmed that, after the roads for this development are built, the applicant will come back with a request to vacate county-maintained Suggs Road.
Commr. Stivender stated that the Board received a letter from residents concerning additional traffic on Lakeshore Drive.
Mr. Fish explained that the project has gone through the County’s review process and there are no obligations within the PUD proposed by staff that obligate the developer to improve Lakeshore Drive directly. Apparently, the impact with the trip generations does not trip any triggers to make improvements other than those already programmed. Mr. Fish presented the Ivywood Subdivision PUD Master Plan (marked by the Clerk as Exhibit A-1 for the Applicant) and showed planned access points and right of way. He addressed the request for the waiver for the landscape buffer requirement and pointed out existing and future development surrounding the subject parcel.
Mr. Fred Schneider, Director of Engineering, Lake County Public Works Department, explained the South Clermont Connector which will redirect traffic from the Lakeshore Drive/Lake Louisa Road intersection to U.S. Highway 27 where there will be a traffic signal. He stated that last year’s Lakeshore Drive study resulted in planned interim measures such as paved shoulders, beginning at County Road 561 running north to the Lake Susan Lodge bridge, turn lanes and a traffic signal at Loghouse Road/Lakeshore Drive, and turn lanes and a traffic signal at Harder Road/Lakeshore Drive. The ultimate configuration of Lakeshore Drive, according to the study, would be a three-lane roadway, including a median in some sections. Trying to improve those intersections first should help improve the safety and the traffic load on that roadway. Also, a new route from the Lake Susan Lodge bridge will bring traffic directly out to U.S. Highway 27. Part of the design of the South Clermont Connector takes traffic across U.S. Highway 27 and ties into John’s Lake Road at Citrus Tower Boulevard which will be completed up to State Road 50.
Commr. Pool remarked that the installation of bike lanes, as a result of the safety grant, along Lakeshore Drive will make a very big difference on that corridor.
Mr. Schneider stated that the Public Works Department is comfortable with the design of the access coming through that other subdivision.
Mr. Fish discussed the adjacent densities that are between 2.0 and 2.5 units per acre and the State provisions regarding septic tank development and the limits on clustering, especially on the lake lots which are currently 75x120 feet.
Regarding school impact fees, Mr. Fish stated that the applicant is optimistic that those issues will be resolved before building permits are pulled.
Commr. Cadwell asked the County Attorney to be sure the school impact fee language is clear in the PUD.
Mr. Sandy Minkoff, County Attorney, stated that the language essentially recognizes that there is a gap and that the gap fee, if the fee has not been established, could be as high as $7,286.00 in addition to the regular fee. The Board of County Commissioners will set that fee at the time of platting if the ordinance has not been changed.
Mr. Fish confirmed that the applicant is receptive to that concept. He stated that it will be later in 2005 before they will come back with the request for the road vacation and, thus, building permits are a long way off. According to the applicant, build out will be in approximately three to four years after that.
Mr. Gerald Robinson, who has lived at the end of Suggs Road for 26 years, stated that this development is definitely impacting his way of life. He stated that he represents the seven parcels at the end of the road. He stated that homes across the lake are on 125 foot lots and the proposed development lots only have 75 feet on the lake. He stated that he is being encircled with septic systems. He questioned what that will do to the wells. He stated that traffic on Lakeshore Drive is a nightmare. He stated that these issues should be addressed by the Board.
Commr. Stivender asked Mr. Fish if larger lots along the lake were considered, with higher densities behind them.
Mr. Fish stated that the design might have to be altered when septic tank permits from the State are sought. He opined that larger lots on the lake are more desirable, but the lot sizes and issues with wells and the environment will ultimately be governed by State requirements. He explained that there will be a conservation area along the lake where wetlands are designated. The wetland building setbacks may be 50 feet or whatever is required by the County’s Comprehensive Plan.
Mr. David Rudolph pointed out many parcels around Suggs Road that are all zoned one dwelling unit per acre or larger. He stated that the proposed development does not fit in. He remarked that growth in the schools is coming faster than it can be pushed out of the way. He stated that he would like to introduce the County Commissioners to a four-letter word. With that word, this County Commission could put Lake County on the map. The four-letter word is STOP. He stated that the developing has to stop because the $10,000 figure for school impact fees and the connector will not solve the problem. He urged the Board to stop and put a line in the dirt.
Commr. Pool stated that the Board is trying to address the transportation issues. He mentioned the word, SLOW, and stated that 16,000 homes were approved by the Board of County Commissioners in 1990. In the next four years, that Board approved approximately 12,300 homes. The following four years, the so-called slow-growth Board approved 2,400 homes. He stated that during his first four years on the Commission, only 1,600 homes were approved. He stated that some 25% to 30% of Lake County’s population does construction work. He stressed that this Board is trying to slow the growth.
Mr. Rudolph replied that, despite the numbers given by Commr. Pool, it still is not helping because his area is still 2/3 of a high school over capacity right now.
Commr. Pool pointed out that the State requires that the capacity must be there before the school is opened.
Mr. Rudolph reiterated his suggestion that this County Commission jump in there and improve the roads and get the schools somewhat financed before approving more homes. He noted that, while home buyers will pay more for houses, the tax base will be increased.
There being no further public comment, the public hearing portion of the meeting was closed.
Mr. Schneider explained the timeline for road improvements. The funding currently available on Lakeshore drive is for paving the shoulders and the two intersections previously mentioned. Funding for the three-lane section improvement is not in the five-year program, at this time. During the study of three lanes versus four lanes on Lakeshore Drive, densities were assigned to undeveloped parcels similar to current development and were projected out to determine what size lanes were needed. The three lanes would be from the bridge to a little south of Oswalt Road then would be back to two lanes with paved shoulders. Bidding of the paved shoulders is moving forward and the intersection improvement probably will be done in 2005, perhaps after acquiring some right of way. An agreement may be coming next month from the Department of Transportation (DOT) for the Board to accept $580,000 for the paved shoulders. That project probably will be bid in February 2005. Lake Louisa Road will connect to the South Clermont Connector. The right turn lane at the intersection of Lake Louisa Road and U.S. Highway 27 has been bid out as part of the Hook Street project and probably will get started in February or March 2005.
Regarding level of service, Mr. Schneider reported that traffic counts on Lakeshore Drive near Oswalt/Harder are about 8,000 trips per day. Lakeshore Drive near Lake Louisa Road is currently 12,800. At the bridge, traffic will be taken off Lakeshore Road onto the new four lane roadway which will address the level of service capacity there. Eventually, a three-lane section will be needed south of the bridge. Currently, that road, in the County’s Comprehensive Plan, is adopted as a level of service “D” with “A” being the best and “E” being the worst. Typically, short, busy segments are not considered in evaluating the total level of service of a roadway. He opined that four lanes at the bridge and improvements at the intersection should help, in the interim, to move traffic along and provide some safety.
Discussion occurred regarding the limited response from the City of Clermont and the assumption that, while in their JPA, the development is miles and miles away from their water and sewer services. Also, from a design standpoint, under the County’s PUD, it is probably as compatible or more stringent than the City’s Land Development Regulations.
Commr. Pool stated that the Board does not operate in a vacuum and that he is cognizant of the concerns of the citizens. He pointed out that the Lake County Zoning Board and staff recommended approval of the project. He asked for comments by the Board.
Commr. Hanson stated that her major concern is the lack of utilities and not being allowed to cluster because of the septic tank requirements. She remarked that it does meet the timeliness criteria but she would like to see more of a cluster concept.
Commr. Hill remarked that there are only a few acres to work with because of the wetness in the area.
Mr. Fish stated that the rest of the site, away from the lake, is predominately upland. He stated that his firm fully supports clustering as a concept but the unique shape of this parcel does not lend itself to clustering.
Commr. Stivender stated that the parcels along the lake should be larger and probably will bring more money. She stated that the Board gets criticized a lot for doing this but the requested zoning is in compliance with the Comprehensive Plan and the Land Development Regulations. She stated that it is already zoned R-6 and could be developed. The PUD puts on more requirements so that green space and the additional buffering will be in place.
Commr. Hanson stated that it could not be developed under R-6 without central utilities.
Mr. Fish stated that they are purely following the rules as outlined by the County. As far as the road issues, he stated that they will happily pay the transportation impact fee that, hopefully, will go toward improving Lakeshore Road.
Commr. Pool remarked that, through the PUD process, they are encouraged to create something that may or may not be better for the area. He stated that he has heard the concerns that larger lots along the lakeshore should be encouraged, perhaps 100 feet and making them consistent with the surrounding area. He asked if the Board would like to talk about increasing the lot sizes.
Mr. Fish stated that the open space in the development is slightly over the 25% requirement.
Commr. Cadwell stated that he does not disagree with Commr. Pool regarding making the lots bigger, but he does not want to see credit going back toward the open space requirement. He suggested that it would not be hard to increase the lot sizes if some of the lots are eliminated.
Commr. Pool, in trying to come up with a consistent figure, pointed out that the densities to the east are at least that or greater. He stated that he does not know what the developer’s drop dead figure is.
Mr. Frank Gammon, Banyan Homes, stated that Banyan Homes did the project next door which is the Hills of Lake Louisa. The proposed development is consistent with that project in all regards, such as the size of the lots, the features, the amenities and the homes. He stated that his company has tried to continue to provide what they label an affordable home, a value for the money concept. He stated that his company is not into high end, upscale housing. He pointed out that this is a concept plan, not set in stone, and it may change during final engineering. He stated that it was his direction to try and keep this development as affordable housing. For Banyan Homes, this concept would fall within that category. He stated that they have met the DEP (Department of Environmental Protection) requirements so that the septic systems will work and not be a problem for their downstream neighbors. In so doing, that compresses that lot to a certain window, but on the other end, he stated that he did not want to try and create, within the community, an us-and-them mentality. He stated that he wanted this development to have the same homogeneous look that Hills of Lake Louisa has. He stated that, if the Board wants him to put bigger lots along the lake and has some number, he will see if he can work with that. He stated that three or more years ago Banyan sold homes in the Hills of Lake Louisa between the $150s and the $160s and he guesses they are selling in the $190s today. Mr. Gammon explained that there is a huge hill and the owners of the one-acre lots on the lake may not even be able to see these homes because of the vegetation.
Regarding the conservation easement along the lake, Mr. Fish stated that property owners will still be able to access the lake. That easement may be over their platted portion of the lot, however, no building or anything that would environmentally degrade that lake will be allowed. Practices of the St. Johns River Water Management District will be followed.
Commr. Pool reiterated that this project is following each and every rule, the Zoning Board and staff have recommended approval, the project meets density and timeliness in all five categories, they are dealing with the transportation issues and they will pay the gap funding fee difference in the schools.
A motion was made by Commr. Pool and seconded by Commr. Cadwell to uphold the recommendation of the Lake County Zoning Board and to approve Ordinance 2004-83, Rezoning Case PH#66-04-2, Banyan Homes, Tim Green, Green Consulting Group, Tracking #71-04-PUD, a request to rezone from R-6 (Urban Residential) to PUD (Planned Unit Development); including the landscape buffer requirement waiver and including the school gap funding difference.
Mr. Rudolph readdressed the Board and pointed out that, on the map, the shoreline now is Suggs Road and there is an area that is under water. He stated that should be taken into consideration.
Commr. Stivender explained that the plan has to show that and it will go from the high water line.
Mr. Rudolph asked if the subdivision will have access to Lake Nellie.
Mr. Fish stated that, as far as the master plan, just the lots themselves have access. He did not know if the developer is proposing an actual access point for the residents because it is a rather small lake and should not be overused.
Commr. Stivender called for a vote on the motion which carried by a vote of 4-1.
Commr. Hanson voted “No.”
RECESS & REASSEMBLY
At 11:25 a.m., Commr. Stivender announced a five-minute break.
PUBLIC HEARINGS - REZONING CASES (CONTINUED)
REZONING CASE PH#68-04-2 - RAFAEL RODRIGUEZ
AND HAYDEE ROQUE - RICHARD THACKER - TRACKING #72-04-CFD
Ms. Shannon Suffron, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#68-04-2, Rafael Rodriguez and Haydee Roque, Richard Thacker, Tracking #72-04-CFD, request to rezone from A (Agriculture) to CFD (Community Facility District) for the purposes of a church site, with a gym, activity and classrooms and a fellowship hall. She showed the aerial map (which is included in the backup material) and stated that the subject property is currently being used as a home site with a wood frame mobile home and two utility buildings. The desired uses are consistent with the requirements of the Lake County Land Development Regulations and the Comprehensive Plan as far as allowing a CFD in the Rural Land Use Category. The 5-acre parcel is located in the Clermont area at Johns Lake Road, 1/2 mile east of Hancock Road on the south side of the street. Ms. Suffron discussed the Findings and stated that staff did not feel, however, that the proposed rezoning and its associated land use were consistent and compatible with the surrounding land use and development patterns in the area. The subject property is surrounded by agriculture and residentially zoned properties and does not seem to be suitable to be developed as a church site and it did not appear, upon a site visit and looking at the zoning map, that there were other CFD zoned properties in the vicinity. There does not appear to have been any changed conditions that require the rezoning. The applicant, however, states that the growth and the changes in the area justify the rezoning. Ms. Suffron explained that staff did recommend approval based on the consistency with the Comprehensive Plan and the Land Development Regulations. She noted that it was a tough decision. The Lake County Zoning Board unanimously recommended denial of the request to rezone from Agriculture to Community Facility District. For the record, she stated that she did receive one additional letter of opposition this morning.
Commr. Stivender opened the public hearing portion of the meeting and noted the presence of the applicant.
Mr. Richard Thacker, representing the applicant, stated that construction will not start for more than one year and some of the initial conceptual plans have been scaled back and, basically, only a church will be built at this point. He gave a PowerPoint presentation (a printed copy of the presentation which includes a petition, along with a compact disc, were submitted to the Deputy Clerk and marked Exhibit A-1 for the Applicant) which included the following:
• Staff Recommended Approval.
• Urbanization of the Area. Including Super Wal-Mart, Super Target, Sundance Apartments, Lost Lake Reserve, Kings Ridge and additional subdivisions. Over 3,000 homes within a 2-mile radius. Mr. Thacker stated that this site was chosen due to the high volume of growth in the area and the proximity to three schools.
• The Neighborhood. Mr. Thacker stated that a lot of things on the site are in need of repair and the church will enhance the beauty and nature of the area. There are commercial activities in the neighborhood as well as a sand mine operation directly behind the site.
• The Needs of Many. Mr. Thacker stated that the 25 homeowners on Johns Lake Road should not be allowed to speak for more than 3,000 homes within one mile of the site. The nondenominational church is a Spanish language church and there is a large Hispanic population within the 34711 zip code.
• Traffic Light at Johns Lake and Hancock Road. The South Connector will connect to Johns Lake Road.
• Hartle Road Extension. Will basically make Johns Lake Road a natural choice for anyone going toward Orlando from King’s Ridge, Sundance Apartments, Lost Lake Reserves, Magnolia Park, Hartwood Pines and others totaling more than 3,000 homes.
• Sand Mine. Illustrates the industrial nature of the area. Extremely heavy truck traffic daily.
• Good Neighbors. The church wants to be a good neighbor by improving the appearance of the site and will comply with all rules pertaining to waste water and water runoff. The church will fill a need for the Spanish-speaking community in south Lake County and will respect the natural beauty of the area.
Mr. Thacker showed several photographs which are part of the PowerPoint presentation and which depict the urbanization of the area. He stated that the subject parcel is an excellent choice for a church due to all the growth that has already occurred in the immediate area. The need exists as shown by more than 300 total signatures on a petition (refer to Exhibit A-1). He pointed out that the subject property is about two miles from a City of Clermont fire station at King’s Ridge and that the church would have a sprinkler system. Mr. Thacker pointed out that daily trips to Lost Lake Elementary on Johns Lake Road will far exceed the number of twice per week trips the church will generate. He stated that residents of several subdivisions along Hartle Road will travel down Johns Lake Road to three schools to avoid travel on State Road 50 once the Hartle Road extension is completed. He mentioned that another church was allowed on a similar site on Johns Lake Road and continued showing photographs of surrounding properties.
Mr. Thacker explained that different locations were explored. This site is affordable for the church. The sand mine and five-acre tracts make up the property at the end of Johns Lake Road. He stated that one tract has a building with a sign indicating that a day care center is in operation there and one property looks like a boat storage or repair area. He reiterated that the sand trucks make up the majority of traffic on the road at this time. He explained that there are approximately 115 members of the church at this time which probably would only be about 20 or 25 cars coming to the twice-weekly services.
Commr. Pool pointed out that the Clermont Fire Department, while there is a mutual aid agreement with the County, would not be responders to a fire at the subject property without being called upon.
Mr. Thacker reiterated that the church would have a sprinkler system while the residential structures on the road probably do not.
Senior Pastor Ramone Santiago, House of Praise Tower of David (Casa de Alabanza Torre de David), explained the mission of the church and emphasized that the church will be an oasis to many families and a refuge to many youth. He stated that, with the approval of the petition, the church will be able to change the destiny of the community and the families.
Ms. Darlene Santiago, the wife of Pastor Santiago, gave two consecutive PowerPoint presentations (a compact disc version was submitted to the Deputy Clerk and is marked Exhibit A-2, for the Applicant). She stated that the nondenominational, Christ-centered church is mainly Hispanic, but does include English-speaking, American-born Hispanics. She stated that the subject property would provide a peaceful, spiritual atmosphere which would be required by the church. She stated that the agricultural surroundings would be very beneficial for the children and teens. She asked the church members in the audience, approximately 75, to stand and show their support of the request for the rezoning. Ms. Santiago stated that there are approximately 115 members who will worship on Sundays and that approximately 80 members will attend the Wednesday service. She pointed out that ushers will accommodate the small number of cars so that the neighbors will not be bothered. She explained that the neighbors were sent an invitation to meet with the church members but that no neighbors came to the meeting. The church members currently meet at the First Baptist Church in Minneola.
Ms. Christy Perez stated that she and her husband lead the music in the church. She stated that the Santiagos have worked diligently to restore the lives of many families. She promised that the church members would be the best, caring neighbors possible and she expressed her appreciation for the peacefulness of the location. She stated that, because of the growth, other Clermont locations are too expensive for a small church. She appealed to the Board for approval of the request.
Mr. Danny Melgar, a teenage member of the church, expressed his support of the church and the Santiagos. He explained the youth activities within the church.
Mr. Charlie Velez spoke about his faith and his background and the help that has been given by the Santiagos and other church members. Through the church, he has become a giving person. He appealed to the Board and the residents in the neighborhood for the opportunity to be able to give to others.
Ms. Carmen Mercado expressed the importance of building a church. She stressed the contribution the church community will have in this area, eventually providing child care and a gym to encourage and influence the teens with proper guidance. She stated that marriages, friendships and community relationships will be built.
Ms. Narda Arvelo, who has been in Florida six years, stressed the importance of having a home for the church. She stated that her two children love the church and encourage other youth to visit the church. She asked the neighbors to open their hearts to the church.
Mr. Richie Arvelo, a teenage member of the church, stated that the church has been a blessing to him and helps him to be a mentor to other youth. He asked the Board to say yes to the church project.
Ms. Santiago reiterated that the church is seeking a great place where its members can feel at peace. She appealed to the Board and stated that the members have had to move from place to place and are now in a desperate situation.
Ms. Judy Adams, a resident on Johns Lake Road, gave a PowerPoint presentation titled “Residents Against Rezoning.” (A printed copy of the presentation was submitted to the Deputy Clerk and marked Exhibit O-1 for the Opposition.) She stated that she is not opposing a church. She asked her neighbors in the audience, approximately 15, to stand. Her presentation included the following:
• Who We Are. Five-acre lots in the County, zoned agricultural, Rural Future Use Plan.
• Why We Are Here. Don’t oppose churches or religion. Oppose changing the neighborhood and see this request as encroachment.
• Application Issues. No central sewer on Johns Lake Road east of Hancock Road. The church currently meets approximately seven miles away from the proposed site. Six churches already within a three-mile radius. The rezoning benefits those involved in the sale, not the residents. Ms. Adams stated that the day care facility is a family operated business and is legal within the zoning and that zoning has not been enforced regarding the property with numerous boats.
• Why Application Should Be Disapproved. Inconsistent with Future Land Use Designation because a church is considered Urban Land Use, not Rural. The church would be at a dangerous intersection and the congregation would cause traffic backups. If the church fails, the property would not return to its previous state. The Zoning Board unanimously voted to recommend disapproval.
• Summary. The residents of Johns Lake Road do not want the property to be rezoned.
At this time, Ms. Adams showed several photographs of the five-acre tract properties on Johns Lake Road. (Twenty-three photographs were submitted to the Deputy Clerk and marked as Exhibit O-2 for the Opposition.)
Ms. Jan James, a resident on Johns Lake Road, confirmed that no one is opposing the church itself. She stated that if the zoning is changed it will never go back to agriculture. She opined that her area is not country anymore because the city limits have moved closer and closer each year. She asked that the zoning be left agriculture.
Mr. Arnoldo Ceballos also confirmed that he is not against the church. He stated that he retired to Lake County six years ago and chose his land because it is country in the middle of the city. He stated that he wants the peace and tranquility preserved. He pointed out that there are no sidewalks or sewer lines. Because of the sand mine, Sunday is the only day his child and his neighbors can ride horses. He stated that the traffic is already heavy, with two recent deaths, and the residents have requested a traffic light.
Mr. Jeremy Villa stated that he has been a resident in the Clermont area more than 15 years. He stated that, if the rezoning is allowed, others will want to do the same as land grows more scarce and it will eventually interfere with the residents’ way of life. He admitted that the sand mine is an eyesore but the residents accept it. He asked the Board to deny the request.
Ms. Amanda Powers, who lives directly next door to the subject property, stated that she moved to Clermont in 1992 with the dream to have a horse and other animals on her property. She stated that bulldozing the land next door will disturb the serenity of her land and that, currently, traffic is nil with the exception of the sand trucks and residents. She stated that there are active gopher tortoise holes on the subject property and on her property and there is a breeding pair of protected indigo snakes on her property, along with barn owls, coyotes and rabbits. She pointed out that, if the church is successful, the number of members could increase to several hundred members.
Ms. Susie Westbrook, a Realtor who lives on Johns Lake Road, stated that the commercial area is on the east end of Johns Lake Road and is separated by Hancock Road. That commercial area is completely different from her end of the road which is quiet and tranquil. She stated that she wants to keep her end of Johns Lake Road the way it is.
Commr. Stivender suggested that other properties, which might be more compatible for a church, might be available in the area.
Mr. Thacker confirmed that he is a Realtor.
Ms. Judy Cianciarulo, who has lived on Johns Lake Road since 1985, pointed out that her end is a dirt road which she understands will never be paved. She stated that weekends are quiet and they want it kept that way. She stated that Publix is more than four miles away and the school is more than two miles away. She opined that one commercial building will ruin their area. She asked the Board to leave her neighborhood like it is.
Ms. Santiago readdressed the Board. She stated that the church will have some type of opposition wherever it tries to go. The church was recently located nearby on U.S. Highway 27 and has been catering to all that area. She reiterated that the church will make this an even better community. The church wants to blend into the area and become a retreat for the community. She reemphasized that the church will be a good neighbor and just wants a nice building to call home.
Commr. Hanson remarked that Lake County’s Comprehensive Plan allows CFDs (Community Facility Districts) to be in rural areas in all land use categories and that it would not be commercial. She asked staff to explain the decision to recommend approval of the petition.
Ms. Suffron stated that staff basically followed the consistency of the Comprehensive Plan and the LDRs (Land Development Regulations) that allow the CFD in rural. Staff looked at the different policies from different aspects and felt it was more appropriate to recommend approval based on the consistency. She stated that staff left an opportunity for the Lake County Zoning Board and the Board of County Commissioners to make a decision based upon testimony.
Commr. Pool stated that this decision is a struggle based on the presentations. He stated that the Board, over the years, has tried to approve churches but those decisions are taken on a case-by-case basis. He noted that the rural lifestyle will continue to change and there will be progress, but today that change is not present on the east end of Johns Lake Road. He opined that things will change within the next three to five years in this location. He stated that he probably will not be able to support the request for rezoning at this time. He promised to help the church in every way but not in this particular location which is one way in and one way out. He stated that west of Hancock Road would be the right location but a church school or gymnasium would create too much activity in the rural location.
Commr. Cadwell remarked that the passion of the church members indicates to him that the church will grow and that a five-acre parcel is not big enough. He stated that Board approval would be a disservice to the church because it will run out of space quickly. He stated that he visited the east end of Johns Lake Road last week. He hopes that area will forever be a buffer between Lake and Orange counties.
Commr. Hanson stated that it is very important, and critical, that there is not a trend of believing that churches are incompatible with rural parts of Lake County. She reiterated that churches are not commercial. She noted that, from the opposition’s testimony, there are six churches within three miles which indicates a need in that area, especially a regional need for the Hispanic community. While valid points, she agreed that it is probably too small a parcel for the needs of the church.
Commr. Hill concurred that the five-acre tract will be much too small. She asked if the environmental concerns have been considered.
Ms. Suffron explained that environmental aspects would be looked at during the site plan stage. She stated that staff had cautioned the applicants that the small size of the five-acre parcel might not be feasible for a gymnasium.
The Commissioners remarked that the Board almost never votes against a church.
Commr. Pool promised that, as the District Commissioner, he will do all he can to help the church members and Mr. Thacker find larger tracts of land in the area.
Commr. Stivender agreed with the other Board members in that this is not the right location for the church.
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 Lake County Zoning Board and denied Rezoning Case PH#68-04-2, Rafael Rodriguez and Haydee Roque, Richard Thacker, Tracking #72-04-CFD, a request to rezone from A (Agriculture) to CFD (Community Facility District).
RECESS
At 1:30 p.m., Commr. Stivender announced that the Board would take a break for lunch.
REASSEMBLY
At 2:10 p.m., Commr. Stivender reconvened the meeting.
Commr. Cadwell was absent at this time.
PUBLIC HEARINGS - REZONING CASES (CONTINUED)
REZONING CASE CUP#04/11/2-2 - JAK HOLDINGS, LLC; AUDREY & KEVIN
JOWETT - JIMMY CRAWFORD, ESQ. - TRACKING #74-04-CUP/AMD
Mr. John Kruse, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case CUP#04/11/2-2 , JAK Holdings, LLC, Audrey and Kevin Jowett, Jimmy Crawford, Esq., Tracking #74-04-CUP/AMD, a request for an amendment to CUP Ordinance #2002-96 in A (Agriculture) to extend the construction time period by 36 months for an active commercial recreation facility consisting of an off-road driving school operation, including all terrain vehicles. The 220 +/- acre parcel is located in south Lake County, in the Green Swamp area, approximately 1/2 mile east of the intersection of State Road 33 and County Road 561. He showed the aerial map (which is included in the backup material) and stated that the original request was approved by this Board in November 2002, with a 12-month time frame for site plan or construction plan approval. Work with the St. Johns River Water Management District on permitting has taken more than 12 months and the applicant is now requesting the time change to 36 months. Staff recommends approval with the conditions as outlined in the proposed ordinance.
Commr. Stivender opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant 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.
A motion was made by Commr. Pool, upholding the recommendation of the Lake County Zoning Board, for approval Ordinance 2004-84, Rezoning Case CUP#04/11/2-2 , JAK Holdings, LLC, Audrey and Kevin Jowett, Jimmy Crawford, Esq., Tracking #74-04-CUP/AMD, with conditions.
Mr. Kruse noted the conditions in the proposed ordinance as follows: Paragraph 3. D. “Construction and/or operation shall have begun within thirty-six (36) months.....”
Commr. Hill opined that an additional three years is a little excessive when the project is already in the process.
Mr. Jimmy Crawford, attorney for the applicant, stated that while the applicant asked for an extension of 36 months, they meant to request an additional 36 months from the date of the original approval which was November 2002. He added that they need to be under construction within 18 months from today. He stated that 24 months would be plenty of time.
Commr. Hill stated that would be a 12-month extension from today.
Mr. Crawford stated that his client is now asking for 18 months from today.
Mr. Sandy Minkoff, County Attorney, suggested that a date be specified, such as June 1, 2006, as opposed to a number of months.
Commr. Pool amended his motion for approval of Rezoning Case CUP#04/11/2-2 , JAK Holdings, LLC, Audrey and Kevin Jowett, Jimmy Crawford, Esq., Tracking #74-04-CUP/AMD, by specifying that wording in the proposed ordinance, Paragraph 3. D., would be: “Construction and/or operation shall have begun by June 1, 2006...”
Commr. Hill seconded the motion.
Commr. Stivender called for a vote on the motion which carried by a vote of 4-0.
Commr. Cadwell was not present for the vote.
At 2:15 p.m., Commissioner Cadwell returned to the meeting.
REZONING CASE PH#56-04-3 - LONG & SCOTT FARMS
CECELIA BONIFAY, ESQ. - TRACKING #60-04-CFD
Mr. Rick Hartenstein, Senior Planner, Planning & Development Services, Department of Growth Management, presented Rezoning Case PH#56-04-3, Long & Scott Farms, Cecelia Bonifay, Esq., Tracking #60-04-CFD, a request to rezone six acres of a 192-acre parcel from A (Agriculture) to CFD (Community Facility District). He showed the aerial map (which is included in the backup material) and stated that a similar request was denied by the Board in December 2001. On October 6, 2004, the Lake County Zoning Board heard information by Attorney Bonifay regarding res judicata and chose to hear the case. Their motion to recommend approval, with conditions, failed by a vote of 3-3. The applicant’s request to rezone from A to CFD is to extend a runway by 1,455 feet into Lake County. Orlando North Airpark, the existing private airstrip in Orange County, is 2,245 feet in length. Because the request is consistent with the Lake County Land Development Regulations and the Comprehensive Plan, staff recommends approval. Staff has received a total of 14 letters of support and no letters of opposition.
Commr. Stivender reminded the Board that Ms. Bonifay agreed last month to meet with the residents near the airport.
Commr. Cadwell expressed his concern regarding res judicata and how this petition is different from the case the Board heard in 2001. He stated that it would be the determination of the Board as to whether the case would be heard.
No Board discussion occurred.
At this time, Commr. Stivender opened the public hearing and noted the presence of the applicant’s representative.
Ms. Cecelia Bonifay, Esq., Akerman Senterfitt, attorney on behalf of the Applicant, Orlando North Airpark, and Mr. Bob Lumas who is the owner/operator of the airport, stated that Mr. Lumas and others are present in support of the airport. She presented a sign-in sheet from the November 9, 2004, community meeting which was attended by approximately 34 people. (A copy of the sign-in sheet was presented to the Deputy Clerk and marked as Exhibit A-1 for the Applicant.) She stated that approximately 25 people indicated approval of the airpark. She stated that some people in attendance at the meeting, in support of the airpark, have existing businesses and others said they will begin businesses on the Lake County side. Ms. Bonifay presented a letter of support from Attorney Dan Alan Nickens of Howey-in-the-Hills who has a plane at the airpark. (The letter was presented to the Deputy Clerk and marked as Exhibit A-2 for the Applicant.) She pointed out that Mr. Nickens thinks the proposed runway expansion will enhance the safety of the airport operations and that Lake County will be able to exercise more control over the airport. Currently, the airport exists in Orange County and hangars are under construction at this time.
Regarding the res judicata issues, Ms. Bonifay stated that some of the changes include the following: not dealing with the same applicant; the size and specifications of the runway are different from the previous application; the number of hangars that are proposed has been reduced; specific technical requirements by the owner relating to the use of the runway have been agreed to by the owner and he has agreed to have those as part of the actual ordinance, i.e., although previously private, it was not a restricted private airport. (A List of Changes was presented to the Deputy Clerk and marked as Exhibit A-3 for the Applicant.) She stated that another issue is a difference in safety in terms of now making sure that all landings and takeoffs come from and to the east. (A sign regarding arrival and departure from the east was submitted to the Deputy Clerk and marked as Exhibit A-4 for the Applicant.)
Commr. Cadwell pointed out that there has not been a change to the portion of property in Lake County that would be rezoned.
Ms. Bonifay reiterated the previously noted changes. She pointed out that pilots will have to agree to the rules and regulations at the restricted airpark or Mr. Lumas will not have to rent a hangar to them or let them use the airport. She stated that Mr. Lumas went door-to-door within a three-mile area of the airport. She presented a petition to the Deputy Clerk which was marked as Exhibit A-5 for the Applicant. Ms. Bonifay stated that the runway in Orange County can exist, regardless of what happens on the Lake County side, and it will not be as safe without the runway extension and it will not be a private restricted airport. Ms. Bonifay presented a letter that every pilot at the airport will have to sign in agreeing to airpark procedures. (A copy of the letter was submitted to the Deputy Clerk and marked as Exhibit A-6 for the Applicant.) She stated that this is binding and can go into the actual ordinance itself.
Ms. Bonifay stated that prior operations at the airpark were mainly crop dusters who used a north and south route. She displayed two aerial photos with drawings which depict the flight path rotation. (Copies of the two photos were submitted to the Deputy Clerk and marked as Exhibit A-7 for the Applicant.) She stated that the main point is that air traffic will be going away from the houses in the other direction.
At this time, Commissioners Stivender, Pool, Hill and Hanson disclosed for the record that they had spoken with the applicants’ representative on this case.
Regarding the community meeting, Ms. Bonifay stated that she hoped the residents had come away from the meeting with a sense of security that the extension does make it safer and that safety is a top priority of Mr. Lumas. She stated that this is a big training area and, by blocking this, it will keep that kind of traffic away from the residents. She stated that, to their knowledge, no one knows of any accidents at this airport during the last 50 years.
Commr. Stivender stated that a number of letters have been received from Lake County business people who use the runway. The letters indicate that there is business in Lake County as a result of the airport. She stated that these letters address the major concern some of the Commissioners had in 2001 and she asked to hear from those business people who reflect the positive side of this case.
Mr. Bob Lumas, the applicant and airport manager, confirmed that this will be a restricted airspace. Any individual who uses the airport has to have prior permission.
Mr. Tim Greenwood, Lake County resident and owner of Greenwood Corvettes, stated that his business is based out of Sorrento and Apopka and he would consider combining the business into one location at the airport. While not a pilot, if he and his family were to fly out of the airport, he would like it to be as safe as possible. He stated that he does support the extension into Lake County.
Mr. Rob Orlitz, a pilot who has a company airplane at the airport, stated that he is with Pinnacle Financial, a nationwide lender. He stated that he would like to utilize this as a base for jumping off to other southeastern states. He stated that he would not have chosen this airport if it did not offer what he thinks is a location for business for expansion or if it was not safe. He stated that he would like to see 1,500 more feet of runway. From personal experience as a pilot, with the runway extension, he explained how he will be able to rotate much before the end of the runway and have enough air speed to use noise abatement procedures. He stated that making the runway longer actually puts his airplane further away from houses quicker and higher and sooner. He stated that, if something goes wrong, he has more room to stop or abort the takeoff. He stated that he left Orlando Country Airport because of the safety factor. He stated that Orlando North Airpark was built to code.
Commr. Hill stated that she lives across the highway from a major, public airport which has a lot of activity and that helicopters create a lot of residential complaints. She asked if helicopters will be allowed.
Mr. Lumas stated that it is not his desire to have helicopters on this field. He stated that he is trying to create a small, private restricted airport for people like hobbyists who love to fly small aircraft. He stated that he has no idea to ever have anything like that out there.
Commr. Stivender explained that, if it is in the ordinance, the FAA (Federal Aviation Administration) will not allow them to do that.
In response to an inquiry by Commr. Hill regarding street access, Mr. Lumas stated that traffic would come down County Road 448 and turn right onto Duda Road.
Mr. James Prescott, who lives in front of the runway, stated that the safety issues being discussed apply to the pilots, not to him. He stated that, if the runway is extended 1,400 feet, the airplanes will be 1,400 closer to his house. He opined that Lake County will not benefit from this nor will he. He opined that, if the extension is necessary for safety, it indicates to him that it is unsafe now. He compared the extension to expanding a highway from six lanes to twelve. While safer, more cars and people are on it which defeats the whole purpose. He reiterated that the expanded runway will not be safer for him.
Ms. Juanita Prescott stated that she has lived near the airport for 21 years when crop dusting was a big business. She stated that all shapes and sizes of planes fly over them now and that her biggest issue is that all it takes is one accident. She pointed out that the area is wet because of the muck farms. The drainage ditches on Duda Road overflow at times so that you cannot tell where the ditches end and the farms begin. She stated that she was not notified by the Zoning Board for this case but she was notified three years ago on the same rezoning request. She reiterated that the runway extension will cause more wet conditions and that Lake County will not benefit. She stated that this area could become a fly-in airpark community but the homes, with a minimum price of $600,000, and the businesses would be on the Orange County side. She expressed her adamant opposition to the runway extension.
Ms. Barbara Kemp stated that her property is in front of the proposed airstrip. She stated that her opinion has not changed since she appeared before the Board in 2001 because there is not much difference in the current request. She stated that the same group of men is in this with just the addition of Mr. Lumas. She stated that the crop dusting planes took off and landed north and south but they were virtually gone by 1999 when she and her husband decided to build their home. The airpark did not exist then and she stated that she would not have built a home there if she had known the airpark would be built behind her home. She stated that her rights and quality of life should be considered. She explained that there are a number of homes that are very much affected and that planes fly very low. She stated that, if allowed to extend into Lake County, the airpark will dictate what kind of quality of life she can have. She expressed concern that an accident could endanger the lives of her grandchildren while they are in her front yard. She agreed that bringing the airstrip closer can only be worse for her. She pointed out that the pilots can fly over her house, get out of their planes and drive to their own homes where airplanes do not fly over them. She stated that 24 hangars can house 48 planes and, if it gets so bad she cannot tolerate it, she will have to sell her home. She reiterated that she was there first and would not have built a house there if she had known about the airpark. She asked the Board to deny the request.
Commr. Pool remarked that he understands the explanation means there will be a safer scenario with a longer runway for the actual takeoff and in the event of an aborted takeoff. He pointed out that the airpark is not going away.
Ms. Kemp opined that the planes can get up and veer southward now. Her main concern is that this extension is just the beginning and that, in the future, bigger planes will be coming over her.
Mr. Lumas stated that, basically, the Board is capping the airpark to a light twin, four-seater aircraft that is not very big.
Ms. Wanda Spradlin stated that planes come directly over her house and that it has been extremely bad the last three months. She has been told that trainer planes are flying over and are stalling and restarting over her house. She asked who will monitor the airpark and has been told to get the number on the trainer airplanes that come over her house. She stated that, if all the restrictions would be met, it would be wonderful. She stated that eleven residents who opposed the extension attended the November 9, 2004, meeting. She pointed out that residents in Venetian Village might be three miles away, as the crow flies, but they are not being affected by the airpark. She opined that Mr. Lumas will not be able to control a lot of things such as people who say they have no other place to land. She added that it will be hard on the residents if their property taxes go up. She stated that she does not support the runway extension.
Commr. Cadwell explained that Umatilla Airport is closed for renovations and that has created an influx in the trainer planes in other areas. He opined that the trainer plane traffic will be reduced when the Umatilla Airport reopens.
Mr. James Prescott, who lives next door to his parents, stated that there is a conflict in air traffic patterns that is caused by Bob White airport which is to the north of the Orlando North Airpark. He stated that an east/west approach or departure, keeping the planes primarily at the end away from their houses, will not always be possible. He stated that Mr. Lumas impressed upon the residents that the extension will primarily make it safer for pilots but he did not say that the current runway is unsafe. He stated that their safer factor actually makes it longer and more comfortable for other folks to use because they want to make money and encourage people to fly into their facility. He stated that, statistically, getting in anybody’s airplane is safer than getting into your own car and driving across to the courthouse. Historically, most accidents happen during takeoff and landing. Historically, more accidents happen in the private aviation community than commercial although they do not get as much fanfare. He stated that his family and neighbors have a valid concern with the safety issues but he admitted that it does not scare him as much. He stated that, if an accident should happen on our side of the line, Lake County support services would have to respond and the closest station, in Astatula, is a maintenance facility with one or two full-time firefighters. Those expenses should be addressed. Mr. Prescott pointed out that the Board disapproved this project in 2001 but it was built anyway on the Orange County side. He stated that his only concern is quality of life which will diminish if the request is approved. If the airpark is successful, there will be more traffic, more airplanes and more noise. He stated that this extension is at the expense of his quality of life and he begged the Board to not approve it.
Commr. Cadwell asked if a twin engine airplane can land on the existing 2,245 foot runway.
Ms. Bonifay confirmed that the existing airstrip does have approvals and is operational today. She stated that other airports in the area have been generating air traffic over these houses for years. She stated that she does not know if there is any room to go farther on the Orange County side as opposed to the Lake County side. She remarked that the nearest house to the end of the runway, once it is expanded, will be more than 2,000 feet away.
Mr. Lumas showed the new aircraft sectional chart that will be out in February for all aircraft pilots. (The Sectional Aeronautical Chart was presented to the Deputy Clerk and marked as Exhibit A-8 for the Applicant.) This will deem an area around the airpark as restricted and every pilot will know the space is restricted because they have to review the map before flying. He stated that no training will be allowed over the restricted area, which will make the area safer for residents. He stated that he and the FAA will monitor the area. He explained that an instructor will not risk his livelihood by violating these laws. He assured that every pilot on his field has to sign a document agreeing to adhere to these procedures (see Exhibit A-6). He stated that other pilots will not be allowed to land on his runway and will be reported to the FAA. He stated that his family has been in this area for four generations and residents just have to believe what he says. He pointed out that the minutes will reflect what he says. He stated that he has no intentions of flying at night. For the most part, this will be a group of hobbyists and the goal is not to be big.
Commr. Pool asked if the sectionals will create the restricted air space whether the runway is extended or not.
Mr. Lumas stated that, if we issue that runway as a restricted, private airport, then it will be classified that way and he is looking at this extension to do that. He stated that the pilots know to always arrive and depart to the east and will never be going over the homes. If wind conditions require a diversion, the planes will divert to the south. He stated that he is putting everything into the FAA right now for his sectional for the February issue.
Commr. Stivender asked how an accident on the Lake County side would be dealt with.
Mr. Lumas stated that the FAA has certain procedures for that. He stated that he has never heard of an aircraft from his field being involved in a crash or hitting a home.
Commr. Stivender remarked that work is being done on a fire station in the Lake Jem area which would be closer to the airpark.
Commr. Cadwell asked if the number of hangars on the Orange County side is limited and if the length of the existing runway could safely accommodate a twin-engine plane.
Mr. Lumas stated that his site plan calls for 24 buildings and he has no plans to build any more than that. Regarding landing, he explained that planes usually float in, land and touch the wheels down and gently come to a stop. He stated that the length of the existing runway requires that everything has to be just right. The extension will give a lot more room and comfort area.
Commr. Cadwell stated that the extension of the Umatilla Airport will make it safer as well as busier but that it is a public airport.
Ms. Bonifay again displayed an aerial photograph (see Exhibit A-7) that shows the homes of residents who had no opposition to the extension of the runway. She stated that a large area to the east is owned by the St. Johns River Water Management District and will not be developed any further.
Mr. Lumas stated that the 24 hangars are being leased and those people are under the impression that the runway extension will be approved. He confirmed that Mr. Billy Long owns adjoining property and stated that anything is possible as relates to homes being built along the runway corridor.
Mr. Billy Long stated that he sold 40 acres of land to the airport out of his farm. He guaranteed that the adjoining area will not have to be mowed because crops will be growing right up to the edge of the runway. Sod will be grown on the edge of the runway. He stated that they are primarily farmers and intend to keep farming. He stated that an airstrip has been there 50 years that ran in the other direction because it was his spray plane strip. He stated that they were not allowed to use that strip because that would put traffic into Bob White’s field and the strip had to be turned east and west. Mr. Long commented that, if the extension is granted and the planes can veer off to the west, there will be three to four miles that planes will fly over the old Duda farms. He was emphatic that there will never be any houses there. He stated that there will never be any houses to the east end or the south because the State of Florida owns the property. He stated that approval from the FAA was easy because they feel like we ought to have airports.
Commr. Hanson asked if there is a way to coordinate with Orange County if they make a change that would affect Lake County.
Mr. Sandy Minkoff, County Attorney, stated that the only way would be to have a prohibition in this code against a change in Orange County without Lake County’s approval of the change. If they changed in Orange County and did not change it here, they would lose their ability to have the runway in Lake County. The runway would have to be removed.
Mr. Lou Valker, operations manager for the small airplane maintenance business at Orlando North Airpark, stated that he has more than 3,000 hours as a private pilot plus several thousand hours of Air Force experience. He stated that he lives in Zellwood Station which is a noise sensitive area, that helicopter pilots come to small airports to practice, and that helicopters were the biggest violators of the noise problems at Zellwood Station. The Orlando Country Airport, in the City of Apopka, is undergoing a major change and will be a private airport. This causes problems for the flight schools in the Orlando area and the small public airports will be used for training. He stated that the Apopka/Lake area is a designated practice area for training and he discussed the rules and regulations for the airpark which will be published. He explained that the maintenance business might eventually have ten employees doing maintenance on the small planes based there. He added that all pilots have the right to land anywhere if there is an emergency.
Ms. Bonifay stated that planes will not be flown in for the maintenance business and it will mainly be to provide the service to the people who are there. She stated that this is not seeing that as a cottage industry operating out of the airport.
Commr. Cadwell confirmed that language in the ordinance can prohibit helicopters and parachute operations.
Commr. Stivender remarked that language should be included which caps it to light twin-engine planes and the prohibition against any change in Orange County.
Mr. Minkoff reiterated that language should be included that this ordinance would no longer be in effect if the Orange County ordinance is changed without Lake County’s approval.
Ms. Bonifay opined that an ordinance cannot be voided without any due process just because there is a change on the Orange County side. She pointed out that Orange County could change their rules or regulations and make a change that is not owner initiated or driven.
Mr. Minkoff clarified again that language could be included in the ordinance that indicates that, if there is a change in Orange County, it has to be changed in Lake County or the Lake County ordinance would become null and void; and, the applicant would have to petition the Lake County Board if there was a change.
Commr. Hanson, in commenting on the economic benefit, stated that when the request was previously denied, she was mostly considering the lack of the ad valorem dollars which Lake County would not get. She indicated she was not sure the economic benefit of small businesses in the area was considered. She opined that there is the potential of economic benefit for Lake County.
Ms. Bonifay agreed and noted that there are a number of people present who have businesses out there and/or they have businesses in the area and they are also pilots.
Discussion continued regarding including language in the ordinance prohibiting certain types of operations such as helicopters, training sessions, parachutists, hang gliders, ultra lights and gliders.
Commissioners Stivender and Pool agreed that, with all the restrictions, it will actually be safer for residents.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved Ordinance 2004-85, Rezoning Case PH#56-04-3, Long & Scott Farms, Cecelia Bonifay, Esq., Tracking #60-04-CFD; including the following conditions: limited to single engine and light twin-engine planes; no jets; no parachutists; no helicopters; no hang gliders; no ultra lights; no gliders; no training from this airport; if the Orange County land use approvals are changed, this ordinance will become null and void unless those changes are approved by the Lake County Board of County Commissioners.
CITIZEN QUESTION AND COMMENT PERIOD
Travis Whigham
Mr. Travis Whigham, President, Forest Hills Homeowners Association, expressed concern with overcrowded schools and the lack of jobs in Lake County. He stated that the County is allowing the development of thousands of new homes every year without thinking about the citizens that already live here. This hurts citizens without jobs and hurts children who have to attend overcrowded schools. He stated that Lake County needs a catch up period to ensure proper schools and proper jobs for current residents. He stated that the State of Florida is approximately $3 billion richer because of extra money spent on rebuilding after the hurricanes. He urged the County leaders to meet with State legislators to bring some of this money to our schools and to create new jobs and improve public transportation. He urged the Board to attend the Lake County Legislative Delegation meeting December 8, 2004, at Lake Sumter Community College.
Mr. Whigham presented a Certificate of Appreciation from Forest Hills Association to Mr. Roy Hunter, President of the Northeast Lake County Chamber of Commerce, for more than ten years of community work and leadership in Northeast Lake County.
PRESENTATION - UPDATE ON FIRE RESCUE LEVEL OF SERVICE
Mr. Gary E. Kaiser, Director, Department of Public Safety, began his presentation by recognizing the following staff members who helped with the presentation: Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, and his staff; Ms. Cindy Hall, Assistant County Manager; Ms. Kitty Cooper, GIS Director; Ms. Lori Rowley, Lake County Data Warehouse Administrator/Unix Sys Administrator; Ms. Magda Contreras Cordero, Graphic Artist. He stated that new software, which is an enhancement to the GIS (Geographic Information Systems), enabled his staff to sort through what would have been many, many months of work and time trials in the field to determine what kind of job his department is doing relating to meeting performance criteria and the areas for improvement. Mr. Kaiser gave a PowerPoint presentation (a printed copy is included in the backup material) entitled “Fire Station Location/Staffing Analysis” which included the following:
• Scope - analyze service areas, call load, and emergency vehicle response times to determine fire station spacing and staffing levels.
• Methodology - computer model analysis application of GIS software and actual driving scenario to record time and compute the average travel speed.
• Other Factors Considered - growth impact; planned unit developments; adopted level of service; response time; fire station sites (Lake Jem and Minneola stations); staffing.
• Staffed Fire Stations (Map) - shows response times in the 0-5 minute or less response time; 5-10 minute response; 10-15 minute response; more than 15 minute response. Used 50 miles per hour average speed as a conservative number, measuring from 35 up to 65 miles per hour.
• Fire Response Time (Map) - shows the effect of making improvements (additional fire stations and staffing).
• Summary - Results of the analysis show that the adopted Level of Service standard of urban response and rural response times are good benchmarks for determining acceptable service delivery as well as areas that are deficient. The GIS mapping data indicate that more than 95% of the populated areas of the County will be within the Level of Service standard, provided the improvements in recommendation are addressed.
• Existing Planned Unit Developments (Map) - Shows staffed, volunteer and proposed fire stations.
Mr. Kaiser proposed that the standard will be reviewed every six months and will be updated accordingly.
Commr. Hanson pointed out that the Emerald Springs PUD (Planned Unit Development), north of State Road 46, is now owned by the State of Florida and should be vacated. She asked that this issue be discussed during the reports section of today’s meeting.
Mr. Kaiser agreed that a periodic review will allow those kinds of changes to be made so that facilities are not put in the wrong places. He informed the Board that he anticipates communication regarding the ISO (Insurance Services Office) study sometime in December 2004. He explained that the number of tankers which are acquired, what kind of equipment is replaced and when it is replaced are all geared toward lowering the ISO rating. Once the initial rating is received, the ISO people will come back, based on a letter from us, and reevaluate what improvements have been made and reflect that in Lake County’s rating. The entire three-year process will not be required.
• Recommendations - Two new stations this year; new facility in FY 05-06 near SR 27 and CR 19 (in the PUD/Industrial Park growth area); new facility in FY 05-06 for Fire Station #21 (Paisley/Lake Kathryn area); staffing in FY 06-07 for Fire Station #33 on CR 44A; new facility in FY 06-07 for Fire Station #71 (Astatula area proposal to relocate that station slightly south of the current location). The data called for a station to be nearer Lake Kathryn than Paisley.
Mr. Kaiser stated that they did not do an analysis of the municipal fire stations. That analysis could be done and the next step would be to meet with the cities to collaborate. He remarked that there is a wonderful opportunity here, with joint planning, and the opportunity to not repeat some of the mistakes that were made in other Central Florida areas.
Mr. Roy Hunter, President of the Northeast Lake County Chamber of Commerce, stated that a man in Deer Haven had a fire response time of two minutes but, compared to someone with a response time of twenty minutes, the average would be eleven minutes. He remarked that numbers can be made to read anyway you want them to read. Mr. Hunter read a memo from T&T Incorporated which was included in a packet of information presented to the Board (a copy of the packet is included in the backup material). The memo, dated August 16, 2004, requested a response for obtaining a manned fire station for the community with emergency service personnel and a community meeting to inform the community of hurricane or other disaster evacuation procedures. He stated that land, a building and equipment were given to Lake County in Paisley near the present fire station and almost next door to the mobile home park and Spring Creek Elementary School. He emphasized that he has been fighting for a fire station in Paisley for a long, long time. He stated that all the businesses on County Road 42 are in Paisley within one mile of the present station and they deserve protection too. He stated that it is a mistake to move the fire station to Lake Kathryn but he agreed it is better than what they have now. He stated that the human factor has to be included and he asked where the kids will go to school if their building burns down.
Commr. Cadwell suggested that Mr. Hunter consider the information that has been presented today.
Commr. Hanson pointed out that the numbers show that a fire station is needed in the Lake Kathryn/Paisley area. How to pay for it and exactly where to build it will be decided later. She remarked that this is a positive step.
In response to a request from Mr. Hunter for a meeting with Mr. Kaiser, Commr. Stivender stated that the County Manager can set up a meeting.
Mr. Bill Neron, County Manager, commented that this meaningful product shows the wisdom of the Board’s investment in the GIS a couple of years ago.
Mr. Travis Whigham, President, Forest Hills Homeowners Association, remarked that the rigs cannot travel on the dirt roads at 50 miles per hour without tearing them apart. Travel on the dirt roads is much slower and there are some dirt roads the fire trucks cannot even get down. He asked that the research take the condition of the dirt roads, more than 400 in Lake County, into consideration.
Commissioners Stivender and Hanson pointed out that, according to the report, the condition of the roads was taken into consideration.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, clarified that the response times were strictly a time-distance problem on the roadways that are there. Certainly, speeds on some of the sugar sand or dirt roads will only be 20-25 miles per hour, while on State Road 44, the speed might be 70-75 miles per hour.
COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)
BUDGET - EXPENDITURES IN EXCESS OF BUDGET (TAB 3.2)
Commr. Stivender stated that she pulled Consent Agenda Tab 3.2 for clarification on the unanticipated revenue loss. She stated that Ms. Regina Frazier, Budget Director, explained that the amount of $459,356.00 was overtime costs due to the hurricanes.
Mr. Bill Neron, County Manager, commented that the County will be applying for future reimbursement of that amount.
GROWTH MANAGEMENT - AMENDMENT REGARDING LOT
LINE DEVIATION (TAB 9)
Commr. Stivender stated that she wants the public to be aware that the proposed amendment of the Land Development Regulations to remove the boundary survey requirements from the Lot Line Deviation process that are over 40 acres in size will be on the Board’s agenda at a later date.
PROCUREMENT SERVICES - DISPOSAL/SURPLUS LISTS (TAB 11)
Commr. Stivender stated that the Disposals list contains woods trucks and that she and Commr. Pool have had calls about the trucks from Ms. Kuharske in Bay Lake. The trucks are dangerous and will be replaced.
Mr. Gary Kaiser, Public Safety Director, stated that he spoke with Ms. Kuharske who was happy that a safer vehicle was delivered to Bay Lake. He added that it is significant that the County is getting rid of so many old, obsolete vehicles because that will have a dramatic effect on reducing the maintenance budget.
Commr. Stivender noted that some of the Disposals items are being donated to other departments and to other counties. She requested that the value of the donations be included on future lists.
PUBLIC WORKS - SOUTH DEWEY ROBBINS ROAD PAVING PROJECT (TAB 15)
Commr. Stivender stated that she wants the public, and especially all the citizens who have called, to know that the County is moving forward with the South Dewey Robbins Road Paving Project.
On a motion by Commr. Cadwell, seconded by Commr. Hanson, and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3.2, 9, 11 and 15, as follows:
Budget
Request for Fiscal Year 2003-2004, budget transfer, various funds, various departments, in the amount of $459,356.00. County policy stipulates that actual expenditures cannot exceed the budget for a major object within a fund. A major object includes Personal Services, Operating Expenses, Capital Outlay, and Debt Service. Actual expenditures were in excess of the budget for several major objects in funds.
Growth Management
Request for approval to advertise Ordinance concerning Amendment to Section 14.12.05 of the Land Development Regulations to remove the boundary survey requirement from the Lot Line Deviation process that are over 40 acres in size.
Procurement Services
Request for approval to declare the items on the attached "Disposal" list surplus to County needs and authorize disposal as described; authorize the removal of all of the items on the attached "Surplus" lists from the County's official fixed asset inventory system records; and authorize the Procurement Services Director to sign the vehicle titles.
Public Works
Request for approval and execution of a Purchase Agreement with Wayne A. Scott and wife, Margarite J. Scott for right of way; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the South Dewey Robbins Road (Number 2625) Paving Project located in the Howey-in-the-Hills area.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES - AFFORDABLE HOUSING “SHIP” PROGRAM
On a motion by Commr. Cadwell, seconded by Commr. Hill, and carried unanimously, by a vote of 5-0, the Board approved the request for approval and signature on the Certification of the Annual Report for Affordable Housing SHIP Program for Fiscal Years 2001-2002, 2002-2003, and 2003-2004.
Commr. Hanson commented that this issue will need to be brought back to the legislature again this year for reinstatement of the dedicated dollars or, at least, bring Lake County up to where it is supposed to be now.
ECONOMIC DEVELOPMENT AND TOURISM - CULTURAL AFFAIRS COUNCIL
Commr. Pool asked for comments and discussion from the Board on the future role and direction of the Lake County Cultural Affairs Council (Council). He recognized that there are many dedicated people who have served on that Council but there have been disagreements and many resignations. He commented that the Council has not been as functional, overall, or as cooperative as it needs to be.
Mr. Greg Mihalic, Economic Development and Tourism Director, advised the Board that about $9,000 is collected annually from the sale of license tags. A Cultural Affairs Council is not required to do that.
Commr. Stivender stated that, while a lot of good things have been done for Lake County, such as Start with the Arts and Art in the Round, the Council is not accomplishing what it should and has not grown with the County as the County has grown. She stated that staff might be able to come back with some recommendations on how to revamp the Council.
Commr. Hanson remarked that the County, as a whole, is a lot more aware of the rich cultural heritage in Lake County. She stated that she would like to see the Council continue. She pointed out that cultural affairs and tourism are very closely related and are part of Lake County’s economic engine.
Commr. Pool stated that there has been a constant of turnover of people who are involved.
Mr. Mihalic explained that the Council is a 15-person board and approximately 40% of the members resign annually, during their terms, without completing or extending their terms. Some members stay only a month or two while others stay a year or more. He suggested that the Council members have to look internally and strategize for themselves. The cultural plans within the cities are our cultural plans and we need to help the cities increase their arts, cultural and heritage assets as we look at the County’s arts, cultural and heritage assets. The Department will continue to do that, but the Council has to find its own role to become the umbrella organization to promote those assets within the community. Mr. Mihalic stated that Ms. Kathy Pagan staffs the Council, utilizing about one-half of her time, and that he attends all of their meetings. He remarked that the Council has to become self-actualizing in some way and cannot just give orders to staff to do certain things. He opined that the Council has searched for that role for the last couple of years. The Council has gone through several strategy sessions, brought in the mentors and looked at what other organizations do.
Regarding the Comprehensive Plan, Mr. Mihalic explained that there is no element in the Comprehensive Plan and there is discussion about whether these optional elements should or should not be part of it. There are several Florida counties that do have cultural plans as an optional element to their Comprehensive Plan.
Commr. Pool stated that, while a cohesive, cooperative group should be built, he senses that certain individuals of the group want to head in one direction while someone else has a different idea and goal and that means that forces get scattered.
Commr. Stivender commented that, as the body which appoints committee members, the Board should give them some direction.
Commr. Hanson remarked that, when the Tourist Development Council (TDC) came into the picture, it may have appeared like there may have been a dichotomy there rather than synergism. She opined that, while community and volunteer driven, the Council needs strong staff support. She pointed out that staff creates the agenda for the TDC meetings and the TDC actually becomes advisory and signs off on recommendations.
Mr. Mihalic stated that, if the Board wants to move the Cultural Affairs Council in that direction, the Council should move more toward the TDC format. The TDC has a quarterly meeting and staff makes a report of what staff is doing, what direction it is moving toward and how it moves forward with the program. He stated that TDC members are not self-actualizing what they want to happen.
Commr. Cadwell stated that the committees have to be guided from a staff level which can be a balancing act for staff at times.
Commr. Stivender stated that the direction the Board is looking at is letting staff handle it.
Mr. Bill Neron, County Manager, stated that staff will take Board’s direction and put it in a format that can be moved ahead with, while keeping the Board informed.
Commr. Hanson opined that it would be constructive to have the Chairman of the Cultural Affairs Council involved.
Mr. Mihalic stated that staff will bring the issue to this afternoon’s Cultural Affairs Council meeting.
Commr. Pool pointed out that this should not be seen as a criticism but an opportunity to look for direction.
Mr. Mihalic commented that sometimes one member has taken on a project as their mission and when that member quits or moves on in another direction those things fall fallow because the rest of the team has not come together. There have been other opportunities, such as the art cars exhibit, with which the Council has chosen not to get involved. In that case, staff took the opportunity and did the project.
Commr. Stivender reiterated that it needs to be staff generated with input from the Board, just like the other boards.
Ms. Dorothy Vedder, a seven-year resident of Lake County and a member of the Cultural Affairs Council, stated that improving the quality of life through the cultural arts is her thesis. She explained that last year there were many new members, orientation was required and a closer examination of the cultural plan as it existed was deemed necessary. She acknowledged that there was a lot of turmoil because a lot of people just did not know where the Council was going and what it was about and some of these people never came to a Council meeting before they became members. She stated that it became evident that they needed to help develop what they would believe in and what they could pursue. Volunteers are sometimes disenchanted when they discover that the committee or council is not what they expected. Ms. Vedder stated that, at the end, the Council came together with a minor revision of the cultural plan but the mission was adhered to completely. She stated that the Council believes, wholeheartedly, in what the original mission statement was for this Council. Six committees have been established and have specific responsibilities. She offered a list of accomplishments for 2004 which includes a couple of remarkable things that show progress is being made and that the Council has visibility in the County. She stated that plans have been projected for 2005. She pointed to the success of Art in the Round and Start with the Arts which will be continued because the Council believes it needs to promote arts education. She asked that the Board look at the accomplishments and plans. (A copy of the literature is included in the backup material.) She requested the opportunity to make a presentation or be a part of a Board retreat so that the issue can be hashed out and a decision made on what direction they want in order to work cohesively. She emphasized that the Council cannot be allowed to diminish in its importance for Lake County.
Mr. Mihalic stated that the issue will be discussed and a recommendation will be brought back to the Board.
GROWTH MANAGEMENT -COMPREHENSIVE PLAN AMENDMENT SCHEDULE
On a motion by Commr. Hanson, seconded by Commr. Pool, and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-193 establishing a Comprehensive Plan Amendment Schedule for calendar year 2005 (Cycle 1 and 2).
OTHER BUSINESS
APPOINTMENT - LAKE COUNTY LIBRARY ADVISORY BOARD
There was discussion regarding the District in which the applicant resides.
On a motion by Commr. Hill, seconded by Commr. Hanson, and carried unanimously, by a vote of 5-0, the Board appointed Ms. Valerie Johnson to the vacant District 3 position on the Lake County Library Advisory Board.
Commr. Stivender noted that the appointment is approved, pending clarification by staff that Ms. Johnson lives in District 3.
REPORTS - COUNTY ATTORNEY
LAKE COUNTY PARCELS TO BE DECLARED SURPLUS
Mr. Sandy Minkoff, County Attorney, stated that his office is requesting that four parcels be declared surplus. The request is to combine two parcels (Alternate Key #1212031 and #1212049) which are on Henry Street in Umatilla, with a combined measurement of 105'x100' and a joint value of $10,150.00. The request is to cancel the tax certificates and sell them by bid. The other two (Alternate Key #1510139 a.k.a. 39730 E. Cemetery Road in Umatilla and #1222907 a.k.a. 37936 E. Cemetery Road in Umatilla), if combined, would measure 158'x250' with a joint value of $27,383.00.
A motion was made by Commr. Cadwell and seconded by Commr. Hanson for approval to declare as surplus County owned property, as follows, Alternate Key parcels Number 1212031 and Number 1212049 at 17201 Henry Street in Umatilla (combining the two for a 105'x100' parcel with a property appraised value of $10,150); and Alternate Key parcels Number 1510139 a/k/a 39730 East Cemetery Road and Number 1222907 a/k/a 37936 East Cemetery Road in Umatilla (combining these two for a 158'x250' parcel with a value of $27,383); for the purpose of disposal and cancellation of the Tax Certificate on Alternate Key Number 121031.
Under discussion, Commr. Hanson asked if these parcels could be used for affordable housing.
Mr. Minkoff stated that Habitat for Humanity has agreed to take one parcel. He explained that surplus properties are offered to Habitat for Humanity, to the cities and to Community Services before being sold.
Commr. Stivender stated that there are people in south Lake County who need extra sites for shelters for the homeless. She asked if donating County land should be considered.
Commr. Hanson remarked that she might not want to go in that direction. She stated that the County might need an entity that allows it to donate surplus lots just as the cities do as part of their affordable housing programs. Commr. Hanson stated that it is hard to have affordable housing in the unincorporated areas of the County because sometimes the lots are too expensive or there are no utilities.
Commr. Cadwell suggested that the County Attorney’s Office continue to work with Community Services on these issues.
Commr. Stivender called for a vote on the motion which carried unanimously, by a vote of 5-0.
FIFTH DISTRICT MEDICAL EXAMINER - EMPLOYMENT AGREEMENT
Mr. Minkoff stated that Steven Cogswell, M.D., Fifth District Medical Examiner, technically works for the County but is supervised by a five-county administrative board. That board reviewed and recommended the contract and set the annual salary at $180,000.00.
On a motion by Commr. Cadwell, seconded by Commr. Pool, and carried unanimously, by a vote of 5-0, the Board approved the Employment Agreement between Lake County and Steven Cogswell, M.D., as Medical Examiner of District 5.
JUVENILE JUSTICE
County Attorney Sandy Minkoff reminded the Board that Lake County joined as a plaintiff with 14 other counties and the Florida Association of Counties and sued the State of Florida regarding the bill passed by the Legislature on juvenile justice last year. Friday evening, November 12, 2004, the circuit judge in Tallahassee ruled that the statute was unconstitutional and issued an injunction against both the Department of Juvenile Justice and the Chief Financial Officer against withholding County funds. Unless appealed, at this point, the County will not be paying for juvenile justice this year. It is anticipated that it will be appealed or a rehearing will be requested and there may be further Legislative action.
County Manager Bill Neron stated that the impact on Lake County is about $800,000.00 for 2004 and payments have been withheld per the Board’s direction.
Commr. Cadwell remarked that more important even than the issue of saving the money is to let the Legislature know that the counties intend that the Legislature does what the Florida Constitution says.
REPORTS - COUNTY MANAGER
Mr. Bill Neron, County Manager, announced that the Florida Department of Environmental Protection, Division of Recreation and Parks, will hold a public workshop for Lake Louisa State Park on Monday, November 22, 2004, at 7:00 p.m., for the purpose of presenting the proposed land management plan for the park. There will be an Advisory Group meeting on Tuesday, November 24, 2004, at 9:00 a.m., for the same purpose.
REPORTS - COMMISSIONER POOL - DISTRICT #2
CAUSEYVILLE CORRIDOR
Commr. Pool explained to the Board that the speed limit through the Causeyville corridor (traveling north on U.S. Highway 27, then turning right on County Road 561A) is 55 miles per hour. Because of several accidents along that strip up to the Turnpike overpass, the Causeyville residents have asked that the speed limit be lowered to 40 miles per hour on the Causeyville section of County Road 561A.
The Board requested that Mr. Jim Stivender, Jr., Public Works Director, research the issue and bring it back to the Board.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN & DISTRICT #3
TAVARES HIGH SCHOOL BULLDOGS
Commr. Stivender reminded everyone that the Tavares Bulldogs will be playing at the FHSAA (Florida High School Athletic Association) regional football finals in Starke, Florida, this weekend. She stated that the last time Tavares was undefeated was in 1945. East Ridge High School was also undefeated in their regular season this year.
LAKE COUNTY LEGISLATIVE DELEGATION
Commr. Stivender announced that the Lake County Legislative Delegation Meeting is scheduled for 2:30 p.m., Wednesday, December 8, 2004, but there is a conflict with the Lake Sumter Metropolitan Planning Organization (LSMPO) meeting which is scheduled for 3:00 p.m.
County Attorney Sandy Minkoff remarked that the LSMPO had planned to discuss candidates for Executive Director as well as consider office space possibilities during the December 8 meeting.
Commr. Stivender stated that the review committee met regarding the Executive Director’s position and is readvertising the position for an additional 30 days.
Commr. Stivender and Mr. Minkoff stated that, if the December LSMPO meeting is not necessary, it might be cancelled.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
VACATING PROPERTIES
Commr. Hanson asked staff to bring back PUDs (Planned Unit Developments), or subdivisions, that are publicly owned properties that should be vacated. That will have a lot to do with total population projections.
COUNTY EMPLOYEE SURVEY
Commr. Hanson informed the Board that she asked the County Manager to put together a County employee survey, which will be anonymous, to determine employee morale and satisfaction.
The County Manager will submit the survey to the Board before sending it to employees.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:45 p.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK