A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 25, 2005
The
Lake County Board of County Commissioners met in regular session on Tuesday, October
25, 2005, 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:
Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Debbie Stivender; Welton
G. Cadwell; and Robert A. Pool. Others
present were: Sanford A. “Sandy” Minkoff, County Attorney; Gregg Welstead, Deputy
County Manager; Wendy Taylor, Executive Office Manager, Board of County
Commissioners’ Office; and
Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE OF ALLEGIANCE
Commr. Hill gave the Invocation and
led the Pledge of Allegiance.
AGENDA UPDATE
Mr.
Gregg Welstead, Deputy County Manager, noted that the Board has been presented
with Addendum No. 1, which has consent items and reports.
Mr.
Sandy Minkoff, County Attorney, stated that he has two items that staff needs
to add to the agenda today. The first
one is in connection with the purchase of the warehouse (Furniture Country
Warehouse) from L. L. Swor; the closing is currently scheduled for October 31,
2005; Mr. Swor needs an additional four or five days to completely move out of
that facility; and staff would like approval to extend it a few days.
Mr.
Minkoff stated that the second request is in connection with the Covanta
operation. Staff had a request from the
current lien holder SunTrust to change the trustee; staff needs approval of
this request.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by
a 5-0 vote, the Board approved to place both of the above noted items on the
agenda, as requested.
UPDATE
– EMERGENCY MANAGEMENT – HURRICANE WILMA
Commr.
Hill stated that Mr. Jerry Smith, Director of Emergency Management, will give
an assessment report of the storm, Hurricane Wilma, but she would like to
extend her appreciation to the County Attorney, the Deputy County Manager, the
County Manager, the Constitutional Officers, all of the cities, and the School
Board for their participation and help during this time.
Mr.
Smith addressed the Board and explained that they began their preparations for
Hurricane Wilma basically on Thursday; Friday they opened the citizen
information line; the line was open for various hours and through yesterday at
3 p.m.; they had a total of 1,461 calls; and they feel they provided a very
good service to the citizens. The
Emergency Operations Center (EOC) was set up Thursday morning in anticipation
of a possible need over the weekend.
They briefed the staff on Friday morning and advised them that they were
on call over the weekend. On Saturday,
they activated the EOC to Level II, partial activation; the operation hours on
Sunday were from 10 a.m. until 9 p.m.; on Monday they started the operation at
6 a.m. until 4 p.m. Mr. Smith stated
that they worked through a minimum staffing of all 21 of their emergency
support functions, as he explained, and they had liaisons from several
municipalities and their power providers, and to specifically mention that
Mount Dora and Leesburg participated because they are an important part of the
power providers. In terms of the local
impact of Hurricane Wilma on Lake County, the Emergency Services branch
reported that several agencies provided minor enhancements for the staffing
levels yesterday but basically reported that it was a normal call load; they
also reported that there were no storm related deaths or injuries from Hurricane
Wilma. He stated that power outages were
spotty; at one point, they had approximately 1,700 residents without power
throughout Lake County; all restoration was programmed to be restored last
night at midnight. There were some minor
flooding issues; they were isolated and they made sandbags available over the
weekend at three fire stations, and they continued to be available yesterday at
the Public Works Maintenance facilities and will be throughout this week. They are continuing to monitor the flooding
areas, and Public Works and the Health Department are doing some assessments in
different areas. They are monitoring the
impact to the affected areas and are still continuing to participate in the
State conference calls. The Lake County
Fire and Rescue deployed one fire engine and crew to a strike team, which was
demobilized yesterday, but they do have some individuals that are mobilizing
one for search and rescue with the military, and one with the Department of
Forestry for an overhead team providing logistical support.
Mr.
Smith stated that they had some very outstanding successes with their EOC
activation and noted that they provided the convenience shelter for those
citizens in the County that may not have felt safe where they were residing;
the shelter was Leesburg Elementary with a total of 26 individuals; 21 were
general population; and five special needs.
They did provide animal services but no pets were sheltered. Another success involved transportation,
which they were able to provide through their ESF-1 for an individual family,
and individuals that did not have transportation from their residence to a
shelter.
Mr.
Smith stated that staff wants to thank the Lake County Sheriff’s Department for
working with them and getting some work crews at the school on Sunday and
helping put the school back together yesterday.
They were also proud of their experiment project with GIS to be able to
have real time documentation of the impact within Lake County, which helps with
their points of distribution, avenues for transportation, and consolidating
their resources. They had an outstanding
participation with the municipalities for their daily conference call, and they
were also very pleased with the County Manager’s new emergency staffing
procedure, which worked very well. They
were happy to see that they increased the internal communications within the
EOC by providing an incident action plan, which is basically a list of tasks
that need to be accomplished. They
institutionalized the chain of command, which is in compliance with the
National Incident Management System; and they worked out a new user friendly
message form. Their Public Information
Officer did a great job on getting Lake County specific information on their
television coverage; their military support was provided by Senator Carey
Baker. Mr. Smith stated that, on behalf
of the staff and himself, he would like to thank the Executive Policy Group,
which is the Chairman, the Sheriff, County Manager, County Attorney, Deputy
County Manager, and Public Safety Director, for their leadership and direction. He would also like to thank the remaining
Board of County Commissioners, the Superintendent of Schools, the
Constitutional Officers, and the other elected officials throughout the County
for their excellent support of their staff.
Most of all he would like to thank the citizen’s information line staff,
for giving up their weekends to serve in this capacity, and the EOC staff,
especially the Section Chiefs, Captain Mark Palmer, Sheriff’s Office; Planning
Chief, Amye King, Growth Management; and, Roseanne Johnson, Logistics Chief,
Procurement.
Mr.
Smith stated that overall it was an excellent drill for their new team and are
very proud of what they accomplished and, even though they had many successes,
he would remind the Board that there are always opportunities for improvements.
Staff is working on some specifics that will be presented at a later time.
Commr.
Hill stated that the Board appreciates the citizens of Lake County and how they
conducted themselves and their patience.
For their information, they are putting the GIS format together and they
will be able to see it during a workshop.
She stated that Mr. Smith did a wonderful job and she wanted to thank
him, and to extend her thanks to Captain Palmer for being here with them.
Commr.
Cadwell stated that last year and this year Lake County has been so lucky, and
he wanted to know if Mr. Smith was confident in a case where they are not as
lucky that they are ready to go and know what to do.
Mr.
Smith stated that he is confident in this aspect. Staff had questions about some procedures and
enhancements they were going to go over last year, and they tested those this
weekend, and they worked very well. The
issue of the food, water, and ice was the main reason they requested their
military support, and the State has a plan how the military support will come
into play.
Commr.
Hill noted that Senator Baker was here all weekend.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously
by a 5-0 vote, the Board approved Tabs 1 through 4, as follows:
CDBG Partnership Agreement/Health
Department
Request from Community Services for approval and
signature authorization on the Fiscal Year 2005-2006 Community Development
Block Grant (CDBG) Partnership Agreement with the Lake County Health
Department, in an amount not to exceed $110,000.00 in Fiscal Year 2005-2006
CDBG funding and $20,000.00 from Fiscal Year 2005-2006 County General Revenue Funds
to cover the cost of dispensing prescription medications to low income persons;
and to direct the Community Services Department to execute the Agreement and
oversee completion of the project covered in the Scope of Services.
CDBG
Partnership Agreement/Town of Astatula
Request from Community Services for approval and
signature authorization on the Fiscal Year 2005-2006 Community Development
Block Grant (CDBG) Partnership Agreement between the Town of Astatula and the
County in an amount not to exceed $40,000.00, granting the Town CDBG funds to
construct sidewalks, and to direct the Community Services Department to execute
the Agreement and oversee completion of the project covered in the Scope of
Services.
CDBG
Partnership Agreement/Town of Montverde
Request from Community Services for approval and
signature authorization on the Fiscal Year 2005-2006 CDBG Partnership Agreement
between the Town of Montverde and the County in an amount not to exceed
$40,000.00, granting the Town CDBG funds to improve accessibility to the
Montverde Community Building, and to direct the Community Services Department
to execute the Agreement and oversee completion of the project covered in the
Scope of Services.
Apiary Pointe/Developer’s Agreement
Request from Public Works for approval and
authorization to accept the final plat for Apiary Pointe and all areas
dedicated to the public as shown on the Apiary Pointe final plat; accept a
Cashier's Check in the amount of $1,650.00; and execute a Developer's Agreement
for Construction of Improvements between Lake County and MI Homes of Lake
County, LLC d/b/a Shamrock Homes.
ADDENDUM NO. 1
LogistiCare/Medicaid
HMO
Request from Community Services for approval to
negotiate with LogistiCare to provide transportation services for the Medicaid
HMO customers.
Gordon
and Marilyn Wiser/Offer Settlement
Request from Employee Services for approval of an
offer to settle Gordon and Marilyn Wiser’s claim for property damage, subject
to the County Attorney’s review and approval.
AGENDA PROCESS
Commr.
Hill noted that, because there are some folks here, the Board would like to go
a little bit out of order with the agenda.
REPORTS
– COUNTY ATTORNEY
INDUSTRIAL
DEVELOPMENT REVENUE BONDS/RESOLUTION
Mr.
Sandy Minkoff, County Attorney, addressed the request for approval of a Resolution
for issuance of Industrial Development Revenue Bonds by Florida Development
Finance Corporation. Mr. Minkoff stated
that this bond is being issued for Florida Foods, in the amount of $3.5
million. There is one correction to the
agenda item; this Resolution did not go through the Industrial Development
Authority (IDA); this was a pooled fund so the IDA is not issuing bonds. Staff did get comments and changes to the
Resolution from Mr. Tom Giblin, Nabors, Giblen & Nickerson, their outside
bond counsel.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously by a 5-0 vote, the Board approved Resolution 2005-174 for issuance
of Industrial Development Revenue Bonds by Florida Development Finance
Corporation.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC
HEARINGS: VACATIONS
PETITION NUMBER 1060 – ROBERT M. AICKEN – UMATILLA
AREA - COMMISSION DISTRICT 5
Mr.
Fred Schneider, Director of Engineering, Department of Public Works, presented Petition
Number 1060 and a request for approval and execution of Resolution by Robert M.
Aicken, Representative Leslie Campione to vacate a right of way, in the Plat of
Dream Lake Poultry Ranches, located in Section 05, Township 18 East, Range 26
South, in the Umatilla area – Commission District 5. Mr. Schneider explained that the request is
to vacate a stretch of right-of-way along Lake Dream; previous vacations have
taken place along the south side; the property owners have also donated 40 feet
from the center line right-of-way on CR 452; and staff is recommending
approval.
Ms.
Leslie Campione, Attorney, stated that she is here on behalf of the
applicant. Mr. Aiken owns the lots
adjacent to this right-of-way, and he is requesting vacation because the lots
actually go down to the lake; the road is not used; it would not deny public
access to any of the lots; all of those lots have access to CR 450; there have
been unity of titles filed on two of them; and two of them have gone through
the lot line adjustment process and have been joined to the lots that are
adjacent to CR 450.
Commr.
Cadwell clarified that he had a couple of calls, and he tried to explain the
issue to the folks, and Ms. Campione, being the attorney for this case,
certainly should clarify this has nothing to do with any road vacation relating
to the land that has the sand mine on it.
Ms.
Campione clarified that this request is not related to that site, as noted; it
just happens to be in the same area.
Commr.
Hill opened the public hearing and called for public comment. There being none, the public hearing portion
of the meeting was closed.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by
a 5-0 vote, the Board approved Petition Number 1060 and the execution of
Resolution 2005-175 by Robert M. Aicken, Representative Leslie Campione to
vacate a right of way, in the Plat of Dream Lake Poultry Ranches, located in
Section 05, Township 18 East, Range 26 South, in the Umatilla area – Commission
District 5.
PETITION NUMBER 1061 – ALI MANJI – REPRESENTATIVE
DONNA HALL – GROVELAND AREA - DISTRICT 2
Mr.
Fred Schneider, Director of Engineering, Department of Public Works, presented Petition
Number 1061 and a request for approval and execution of a Resolution by Ali Manji,
Representative Donna Hall to vacate an easement, in the Plat of Groveland
Farms, located in Section 31, Township 22 South, Range 26 East, in the
Groveland area – Commission District 2.
Mr. Schneider explained that the petition is to vacate the easement
through the center of the property along CR 33.
The right-of-way along Mill Stream Drive was 24 feet; this property
owner has donated enough right-of-way to create a 50 foot right-of-way along
their property frontage next to Mill Stream Drive. Staff received no letters of opposition or
support of the request; and staff is recommending approval.
Commr.
Cadwell stated that they are always doing vacations in Groveland Farms, and he
wanted to know if there has been any discussion about doing an area wide
vacation.
Commr.
Stivender stated that the Board talked about this idea a few years ago because
she vacated a couple of them in this area, and it never went forward so it
might be something that staff wants to look at.
Mr.
Sandy Minkoff, County Attorney, explained that problems exist because it is an
extremely large plat and the access rights would be very difficult to do on a
blanket type vacation; some of the people rely on the rights-of-way for access
to their property and others do not; and it would be difficult to do it all at
once.
Commr.
Hill opened the public hearing and called for public comment. It was noted that the applicant was
present. There being no public comment,
the public hearing portion of the meeting was closed.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously
by a 5-0 vote, the Board approved Petition Number 1061 and execution of
Resolution 2005-176 by Ali Manji, Representative Donna Hall to vacate an
easement, in the Plat of Groveland Farms, located in Section 31, Township 22
South, Range 26 East, in the Groveland area – Commission District 2.
PETITION NUMBER 1062 – DENNIS A. MULHOLLAND – FRUITLAND
PARK AREA - COMMISSION DISTRICT 1
Mr. Fred Schneider, Director of Engineering, Department of
Public Works, presented Petition Number 1062 and a request for approval and
execution of Resolution by Dennis A. Mulholland, Representative Noelle Phillips
to vacate a drainage and utility easement, in the Plat of Picciola Harbors,
located in Section 01, Township 19 South, Range 24 East, in the Fruitland Park
area – Commission District 1. Mr.
Schneider explained that this particular right-of-way easement area is
currently passing through a newly constructed home; staff is recommending
approval. He reviewed the survey of the
property and noted that staff has no letters objecting to the request; and staff
is recommending approval.
Commr.
Hill opened the public hearing and called for public comment. There being none,
the public hearing portion of the meeting was closed.
Commr.
Hill noted that the request is in District 1, and she has no objection to it.
On
a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a
5-0 vote, the Board approved Petition Number 1062 and execution of Resolution 2005-177
by Dennis A. Mulholland, Representative Noelle Phillips to vacate a drainage
and utility easement, in the Plat of Picciola Harbors, located in Section 01,
Township 19 South, Range 24 East, in the Fruitland Park area – Commission
District 1.
REZONING
Commr.
Stivender disclosed that she has discussed Agenda Numbers 2, 3, 4, 5, 6, and 7
with the applicant or opposition; Commr. Hanson disclosed that she met with
Number 6 and has talked to pros and cons; Commr. Cadwell disclosed that he did
not meet with anybody but had phone conversations with folks on Numbers 4 and
6; Commr. Pool disclosed that he met on Agenda Numbers 2, 3, 4, 5, 6 and 7;
Commr. Hill disclosed 1, 2, 3, 4, 6, and 7.
Mr.
Jeff Richardson, Planning Manager, Planning and Development Services Division,
stated that there is one last minute requested change to the rezoning agenda,
for Agenda No. 2, Public Hearing No. PH#54-05-5, Blount & Meyer, LLC,
Steven J. Richey, P.A., Tracking #67-05-Z; a verbal request from the
applicant’s representative for a 30 day postponement. Staff has no problem with the request and
noted that this is the first request for a postponement.
Commr.
Hill opened the public hearing and called for public comment on the request for
postponement. There being none, the public
hearing portion of the meeting was closed.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously by a 5-0 vote, the Board approved the request for postponement for
30 days, until November 22, 2005, PH#54-05-5, Blount & Meyer Properties,
LLC, Owners; Steven J. Richey, P.A., Applicant; Tracking #67-05-Z.
REZONING CASE PH#64-05-2 – JACK AMON, OWNER – LAKE
APOPKA SOUND/JUNE ENGINEERING CONSULTANTS, INC., APPLICANT – A – PUD – TRACKING
#82-05-PUD
Ms.
Jennifer Debois, Planner, Planning and Development Services, presented Rezoning
Case PH#64-05-3, Jack R. Amon, Owner; Lake Apopka Sound/June Engineering
Consultants, Inc., Applicant; to rezone from A (Agriculture) to PUD (Planned
Unit Development), Tracking #82-05-PUD.
As noted in the Summary of Analysis, the applicant is seeking to rezone
the 61.05 acre subject parcel currently zoned agriculture and designated Urban
Expansion on the Future Land Use Map to PUD for the creation of an age
restricted single-family residential subdivision. The property is located in the
Clermont/Montverde area south of Lake Apopka, north of the Florida Turnpike,
and west of the Orange County line. As
further noted, a preliminary subdivision plan submitted by the applicant
reveals that this is a multi-jurisdictional project; approximately 10.71 acres
of the proposed development are located within neighboring Orange County. As the Lake County acreage (61.05 acres) is
bounded by Lake Apopka to the north, a substantial non-isolated forested
wetland system to the west, and the Florida Turnpike to the south, the Orange
County section would provide the sole means of access to the subdivision. The applicant has been informed that paved
access approved by both Orange County and Lake County shall be required. The applicant has requested a maximum density
of two dwelling units per acre; central sewer service is presently unavailable
but Oakland or Montverde may potentially supply potable water; however, they
have not participated in formal negotiations with the applicant to date. The lack of municipal sewer service shall
necessitate the installation of a package wastewater treatment plant or
connection to an existing plant. Once a
public sewer system becomes available, connection to that system shall be mandatory. The applicant has submitted an amendment to
the original application which states that the development will be an age
restricted community; therefore, it would have little if any impact on the
severely overcrowded public schools in the area. Prior to development, deeds and covenants
shall be recorded to restrict occupancy to individuals 18 years of age or
older. Staff is recommending approval of
the request with the age restricted community.
Ms. Debois explained that, for an age restricted community, they would
be required to comply with the requirements of the Florida and Federal Fair
Housing Acts. If they seek to change the
community from an age restricted development in the future, it would require an
amendment of the PUD, therefore, it would have to come back to this Board. She noted that, with the original
application, capacity was the issue.
Commr.
Hill opened the public hearing and called for public comment.
Mr.
Randy June, June Engineering, stated that he was present on behalf of the applicant
and would answer any questions of the Board.
Mr. June stated that he has discussed the water issue with Montverde and
Oakland noting that Montverde is unable to provide water; they are right next
to Oakland, which has water, and they are in discussions with them about
providing water in lieu of them having a separate water plant on their
site. He explained that Oakland is
negotiating with Winter Garden on a large project on the eastern portion of
their town to get sewer from Winter Garden; they are on the far west side now. If it does become available, they will get
it, but right now it is not available.
Commr.
Hanson wanted to know what their intent was on the western side and whether it
is low land and, if it is going to be lower density, do they plan to have
clustered development through the rest of it and set aside that portion.
Mr.
June explained that they have one-half acre lots proposed along that entire
stretch of lake frontage and wetland
frontage; it is a forested wetland that they are not proposing to impact at
all; it will be set aside. The PUD
requires 25% of open space, and they are proposing at least 25%; they would
like to have a park on the lake site, as proposed in their plan.
Commr.
Hanson stated that she would like staff to work through that issue and try to
develop some kind of activity in that area. It was noted that the applicant will
be required to have some additional setbacks because of the Apopka shoreline, as
noted on Page 3 of the proposed PUD.
Commr.
Hill called for further public comment.
There being none, the public hearing portion of the meeting was closed.
Commr.
Pool stated that the Lake Apopka Planning Initiative Steering Committee placed
many rules and regulations upon Lake Apopka and those that wanted to develop
land around it, and the applicant will have to meet all of those. He believes it will benefit the area, and an
age restricted community is the only way that the Board at this time can help
the applicant.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously
by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and
approved Rezoning Case PH#64-05-3, Jack R. Amon, Owner; Lake Apopka Sound/June
Engineering Consultants, Inc., Applicant; Tracking #82-05-PUD; Ordinance
2005-89; with the restriction that it is age restricted and does not impact the
schools, and with all the conditions that are in the PUD including the
additional language regarding compliance with the Federal and State Fair
Housing Acts.
REZONING CASE PH#90-05-5 – ROBERT F. REARDON, JR. AND
VIRGINIA REARDON; CLIFFORD R. AND ETHEL L. MACDONALD, OWNERS – STEVEN J.
RICHEY, P.A., APPLICANT – A & RA TO R-1 -TRACKING #102-05-Z
Mr.
Rick Hartenstein, Senior Planner, Planning and Development Services, presented
Rezoning Case PH#90-05-5; Robert F. Reardon, Jr. and Virginia Reardon/Clifford
R. and Ethel L. MacDonald, Owners; Steven J. Richey, P.A., Applicant; Tracking
#102-05-Z; a request to rezone from A (Agriculture) and RA (Ranchette) to R-1
(Rural Residential). As noted in the
Summary of Analysis, the applicants wish to rezone the ten acre parcel
presently zoned RA and the 15 acre parcel presently zoned A to R-1, to create a
single-family residential subdivision, at a density of one dwelling unit per acre
consistent with the four dwelling unit per one acre maximum density of the
Urban Expansion land use category, and the maximum allowable density of one
dwelling unit per acre of the requested R-1 zoning classification. As noted, they are required to have central
potable water services; however, the Town of Lady Lake has stated that central
utilities are currently unavailable in the area; a community well shall be
required to serve the development. The
requested density does not exceed four dwelling units per acre; therefore, an
interim wastewater system shall not be required. However, in accordance with Policy 1-1.6B,
once a public system becomes available, the development shall be required to
connect to the system. The comments from
Lake County Public Works state that the County has not record of right-of-way
connecting the subject property to Lake Griffin Road, and this will need to be
addressed during the Development Review Staff (DRS) process for preliminary
plat, if this request is approved. The developer
will be required to provide 66 feet of right-of-way for swales, or 50 feet of
right-of-way for curb and gutter. The
Lake County Schools Growth Planning Department noted that the rezoning has the
potential to add ten new single-family dwelling units that will contribute four
new students to the school system. The
backup contained the schools that would be adversely affected, based on the
current school attendance zones.
Commr.
Stivender pointed out a discrepancy in the school information shown in the
staff report as compared to the information presented by the School Board; Mr.
Hartenstein noted that this information will be verified for accuracy. She also noted that there is additional
property next to Carver Middle School, and she wanted to know if the School
Board sold that property to the City of Leesburg; Mr. Hartenstein noted that
staff did not have that information.
Mr.
Hartenstein continued with his presentation stating that staff conducted a GIS
analysis of the site, which revealed that there is a small wetland on the north
side of the property; a portion of that area lies within the 100-year
floodplain; and these issues will be addressed during the DRS meeting. The Zoning Board recommended approval 4-0 to
R-1; and staff is recommending approval.
Commr.
Hill opened the public hearing and called for public comment.
Mr.
Steve Richey, Attorney representing the applicant, addressed the Board and
stated that, in April, they filed a request to rezone ten acres in the name of
Mestrioni, which came through and is contiguous with this piece of property,
and their access to Lake Griffin is through that ten acre parcel that they
previously rezoned and that is going through the platting process; that parcel
is being developed into large lots as well as this parcel. In his review of correspondence that had been
submitted in Tabs 2 and 3, there is a discrepancy in numbers but, in this case,
based on history, this amount of students in these schools would be a diminimus
effect based on what the Board has ruled on before. In the prior case, Mr. Richey stated that he
misunderstood the staff report, and he misunderstood the staff report in this
case with regard to central water and sewer; Lady Lake has indicated to them
that there is no central water and sewer available for this site, and there
will not be any to this site. In the
last case, he asked the Board to allow them to build it on septic tanks and
individual wells, but he misread the information, and the information in this
case. He feels that the Board has the
ability to allow them to build this on septic tanks and individual wells. In discussing the cost to put in a community
well, it would be far beyond the ability of this small subdivision to support
it. He respectfully asked the Board to
approve this request to R-1 and allow them to develop on central septic tanks
with individual wells, which he believes the Comprehensive Plan allows them
that flexibility. He noted that
everything around them is on wells and septic tanks, and there is no central
service available. There were folks that
spoke at the Zoning Board meeting and raised some concerns about access through
an easement, and they represented to them that all of their access will not go
through that private easement; it will go through the existing subdivision.
Mr.
Sandy Minkoff, County Attorney, explained that, when the applicants do their
subdivision application, staff will then determine what kind of utilities are
required; this is a straight rezoning case so the Board cannot condition pro or
con; he thinks that Mr. Richey is hoping their comments will influence staff at
subdivision review time.
Mr.
Richey stated that requiring central water or central sewer under these
circumstances is something that is not appropriate and he would like the Board
to look at that and, even though he is not asking for the Board to condition it,
it is problematic for these kind of developments, low density in areas that are
rural that happen to be Comprehensive Plan urban expansion.
Commr.
Stivender stated that this she has meet with Mr. Minkoff and Mr. Gregg Welstead,
Deputy County Manager, numerous times about this item, and she has gotten
different interpretations.
Mr.
Gregg Welstead, Deputy County Manager, stated that it is a difficult point in
the Comprehensive Plan and staff is working on trying to resolve the issue in
the new Comprehensive Plan. He noted
that Mr. Richey makes a very good point; you do not necessarily want to put
sewer on something that is one to five; but staff needs to work on that issue.
Mr.
Richey referred to the Comprehensive Plan, Policy 1-1.6A, Water and Sewer
Requirements for Developments within Urban and Urban Expansion Areas, and
submitted this information to the Deputy Clerk; it was marked and entered as
Exhibit A-1 for the Applicant.
Ms.
Lynn Walker-Wright addressed the Board and stated that she represents Mr. and
Mrs. Douglas Bloodworth. She stated that
they are here today, as well as some other individuals who are concerned about the
easement. Ms. Walker-Wright first
clarified the Bloodworth’s residence address, which is 3211 Lake Griffin
Road. In looking at the aerial map, the
easement has a name, Brookfield Road; it originated from the MacDonalds; and it
was actually an access for the MacDonald family and the Bloodworth family to
get to and from their residences off of Lake Griffin Road. It has been utilized that way for many years,
and now that the MacDonalds will be selling it and the rezoning will occur, the
Bloodworths are concerned that this easement, which is the Brookfield Road
easement, will be used for construction purposes. She stated that there are two concerns. The Bloodworth’s property is zoned so that
they have goats, and there are horses out there in some of the area right by
the Brookfield Road easement; it is a different way of life; and it is a 50
foot easement. She also understands, but
will not represent to the Board today, that there have been at least six very
bad traffic accidents at the Brookfield Road easement and Lake Griffin Road, so
there has been some concern about construction from a traffic standpoint. They are not saying that they are opposed
today; they just want to make the Board aware of their concerns; and they would
also like to be an instrumental part of the planning process. She noted that approximately four or five
people use Bloodworth Road as access to their property; Mr. Bloodworth is an
artist and has his studio on five acres.
Mr.
Richey clarified that it is a private easement; it is not a public easement;
they are a part of the easement but it does not give them the right to use it
for purposes of development. They will
be coming in through the property that they already own and will be using Griffin
Avenue.
Commr.
Stivender noted that Ms. Walker-Wright has asked to be involved in the planning
process.
Commr.
Hill called for further public comment.
There being none, the public hearing portion of the meeting was closed.
Commr.
Cadwell made a motion, which was seconded by Commr. Stivender, for the Board to
uphold the recommendation of the Zoning Board and approve Rezoning Case
PH#90-05-5, Robert F. Readon, Jr. and Virginia Reardon/Clifford R. and Ethel L.
MacDonald, Owners; Steven J. Richey, P.A., Applicant; Tracking #102-05-Z;
Ordinance 2005-90; a request to rezoning from A (Agriculture) and RA
(Ranchette) to R-1 (Rural Residential).
Under
discussion, Commr. Hill wanted to know if the Board had made a determination
about the water and sewer.
Commr.
Cadwell responded that he is not going to comment on this item, because that is
not the Board’s job; Commr. Stivender pointed out that this may not be their
job but she does think it needs to be addressed; Commr. Cadwell indicated that
the applicants can wait until there are new Land Development Regulations
(LDRs), or they can go under the interpretation of the Board and the rules that
exist.
Commr.
Hill called for a vote on the motion, which was carried unanimously by a 5-0
vote.
REZONING CASE PH#87-05-5 – CHAD L. AND KRISTIE L.
PENLEY, OWNERS – CHAD PENLEY, APPLICANT – TRACKING #104-05-Z – A TO R-3
Mr.
Rick Hartenstein, Senior Planner, Planning and Development Services, presented
Rezoning Case PH#87-05-5, Chad L. and Kristie L. Penley, Owners; Chad Penley,
Applicant; Tracking #104-05-Z; a request to rezone from A (Agriculture) to R-3
(Medium Residential). As noted in the
Summary of Analysis, the subject property is presently vacant; the applicant
wants to create a single-family residential subdivision; central water and
sewer will be supplied by the City of Umatilla; the maximum allowable density
is 5.5 dwelling units per acre; R-3 zoning permits a maximum of three dwelling
units per acre and takes precedence over the point system density; the Future
Land Use designation is Urban Expansion, which has a maximum density of four
dwelling units per acre; the applicant is requesting three dwelling units per
acre. As shown on the map, if the
rezoning is approved, they will be granting an easement to the City of Umatilla
where they are able to run water lines and connect to Peru and Maxwell Roads,
and that will also address the sewer issue; water and sewer will be provided by
the City of Umatilla. In terms of access
management, the Public Works Department stated that dedication of additional
right-of-way and turn lanes may be required, which will be addressed during the
Development Review process for a preliminary plat, if this rezoning is
approved. In regards to schools, the
proposed project will impact the current school enrollment, as outlined in the
letter from Lake County Schools; the proposed rezoning has the potential of
adding 27 new single-family dwelling units that will contribute 11 new
students. There appears to be no
significant adverse impacts on the natural environment; the subject parcel
consists of an old burned out orange grove; environmental assessment would have
to be performed prior to the time of preliminary plat review; any environmental
issues would have to be addressed prior to construction plan approval; there is
no indication that it will adversely affect the property values in the area; it
would result in a logical development pattern in the area. Mr. Hartenstein noted that staff received
seven letters of opposition; one letter of concern; zero for support. The Zoning Board recommended approval 3-1 to
R-3 zoning; and staff is recommending approval to R-3. He clarified that, in R-3 zoning, they could
get up to three dwelling units per acre.
Commr.
Cadwell stated that he has ridden this parcel a couple of times in the last
month and, being very familiar with it, he thinks that they can come to a
compromise on the density that the community can live with; the thing he has
not been able to resolve is that, at Maxwell Road and SR 19, you have to be in
the southbound lane to see either way, and the County does not have any
right-of-way there. He has talked to Mr.
Jim Stivender, Director of Public Works, about it, and he does not know how
they would ever make that intersection safe.
Mr.
Fred Schneider, Director of Engineering, addressed the Board and stated that he
visited the site; Maxwell Road is an under-designed, under-width, under-built
roadway. He stated that normally they
require the developer to improve the roadway out the nearest intersection and,
after visiting the intersection, he found that it would be very difficult to
make that improvement. He showed the
Board pictures of the intersection noting the problems that currently exist
there. It was his understanding that
Maxwell Road does not have the traffic volume there today; they have not been
receiving the complaints that they should be receiving regarding that site
distance; and the right-of-way is not available at that location.
Commr.
Cadwell explained that the house on the corner and one more probably utilize
that intersection; everybody else is going to go the other way just because it
is so unsafe but, even if you did a right-in, right-out only design, they still
may not have enough room.
In
the discussion of Maxwell Road, it was clarified that the entire section is a
sub-standard road; going east to west and north to south, it is about 15 or 16
feet wide; in order to go south for them to use it, they would have to improve
Maxwell Road; staff would require the developer to make that improvement; in
this case and with the intersection problem, staff would have requested and
required that they bring it out to SR 19, which is a shorter distance.
Commr.
Cadwell explained that the Board just approved AR zoning on a piece of property
located on the little lake going south on Maxwell to Peru. When looking at the R-2 zoning, this is what
he calls the new part of Silver Beach Heights and it is developed at a
different pattern than the rest of Silver Beach Heights. The only way to get to the R-2 is through
Silver Beach Heights so, even though this property will back up to those
properties, you are actually a mile or so away from them by road and, even
though he is getting more comfortable with R-2 zoning, it does not answer the
intersection problem.
Commr.
Hill opened the public hearing and called for public comment.
Mr.
Duane Booth addressed the Board and stated that he is with Farner, Barley &
Associates, he is the Project Engineer, and he represents the Penley
family. Mr. Booth stated that they are
requesting R-3 zoning on the property. As
pointed out by staff, they do meet the point system for 5.5 dwelling units per
acre; it is urban expansion; but they are requesting R-3 for three dwelling
units per acre. They have put together a
couple of concepts with 25 to 26 homes versus 27, which puts them at 2.7 to 2.8
units to the acre. In regards to the
water and sewer issue, Mr. Booth stated that there is water about 1,200 feet
south of them inside the city limits at their water plant. After talking to Mr. Tim Scobie, Council
Member, City of Umatilla, this is one piece of property that the City wants to
get through in order to loop their water system. Mr. Booth stated that he lives in Silver
Beach Heights in the R-3 section and knows that water pressures are fair at
best, so this would certainly help the whole community; sewer is available at about
1,600 feet south of the project. They do
have water available by the City’s definition, so they could go potable water
and septic but, by going to R-3 they could get a couple of extra home sites in
there to pay for the lift station. In
speaking to Mr. Scobie, he found out that sewer is not available and, if they
did not get the R-3 zoning, they would be back to request septic tanks for the
site, so it does not make it feasible to go that far south. As far as access, his staff has not brought
forth concerns about the intersection, as being described. He discussed the speed limits in this
location and noted that this is a very dangerous intersection and, with either
R-2 or R-3, they will have to address that issue.
Commr.
Hanson wanted to know if it would help if they had time to address that issue,
because she felt that the Board would be more comfortable if they knew the
location of the access and addressed it.
Mr.
Booth stated that he knows there has been discussion on four-laning up to
Altoona, and he would need to contact the Department of Transportation (DOT)
but knowing that it may be a long time before that happens.
Commr.
Cadwell stated that there is no sense in rezoning something if you know that
the project is not going to make sense, and if they are going to have to spend
a million dollars on an intersection. He
wanted to make them aware that he thinks even with R-2 it is going to take some
drastic changes to that intersection to satisfy the Public Works’ staff, and he
is concerned about making that intersection any worse.
Mr.
Elliot Seabrook addressed the Board and stated that he is representing Fred and
Margaret Yancey, Dalton Yancey III, and Sue Yancey Seabrook, his wife. Mr. Seabrook stated that these individuals
own 30 acres of property directly south and across Maxwell Road from the
property in question. His
brother-in-law, Dalton Yancey, owns the property that is contiguous on the west
and runs down to Lake Billy Boo Hoo a.k.a. South Twin Lake. He stated that they are opposed to this
rezoning based on the density, and they do not agree that it is consistent with
what is in the area. The City has talked
to his brother-in-law, Dalton Yancey, about completing this water loop across
his property, which they had given verbal approval. He would think that, based on this
application, he probably would not live with that although they could probably
run that loop over across Mr. Penley’s property; it is not likely that it will
run across Dalton Yancey’s property as far as water availability.
Ms.
Helene Peterson addressed the Board and stated that she lives on Grand Ridge
Drive in Grand Ridge Estates, the new part of Silver Beach. Ms. Peterson stated that they are not against
a rezoning; they know change is coming; but it is the density. The people in Grand Ridge are comfortable
with R-2 zoning; however, she is here today on behalf of the two families that
live on Maxwell Road, and they feel that R-1 zoning would be much more
compatible with this area, R-1 zoning with a variance for septic and even
wells, because most of the area is wells, and all of it is septic. At the October 5, 2005 meeting, the point was
made by Mr. Booth that the City of Umatilla would require sewer; however, after
speaking with Mr. Scobie, the City cannot require sewer, so she does not see
where a septic system would be any problem.
They also brought up that, if R-3 was denied, Mr. Penley could not
continue with this project but, as noted in the letter from the Mulhollands,
Mr. Penley has stated that no matter what happens here, he was not going to
stop developing his property. She stated
that R-1 density would satisfy Policy 1-12.4, which is Density
Allocations. She noted that they have
agriculture on three sides; Grand Ridge is R-2; and R-1 would be a nice
transition. With R-1 zoning, it would
drop the density on Maxwell Road; it would not impact the schools very much at
all; Mr. Penley will retain his right to develop his property; and these couple
of residents will retain their right to enjoy their lifestyle.
Ms.
Cindy Barrow, Voters Organization Involved in Children’s Education (VOICE),
addressed the Board and affirmed that she sent a letter to the Board last
Friday stating that they need to begin to look at level of service and what
other counties have used in regards to the level of service that has been
accepted with concurrency. The highest
level she has heard about is 10% over capacity.
With this current development, Umatilla Elementary School is 19% over
capacity; Umatilla Middle School is 10% over capacity; and Umatilla High School
is 10% over capacity. When the Board
approves even small developments, they are adding students to already
overcrowded schools. They have to begin
to think about levels of service and mitigation for adding those new
students. Ms. Barrow stated that she is
here to remind them that the schools are impacted and, even though she is not
going to address the Board on the other developments, when the Board sees
something that is over 10%, she would request that they look even further into
the situation and begin to think about how those school needs are going to be
mitigated by developers.
Commr.
Hanson asked for the actual number that the Board would be looking at with
concurrency for diminimus impact, with staff noting that they have not
established anything at this point.
Mr.
Sam Seger addressed the Board and stated that he lives on Grand Ridge Drive and,
with the way the situation is now with the homes, it is very compatible to
people. He condensed his property from
102 acres to little over a half acre at his residence now, and he has wonderful
neighbors. Mr. Seger stated that Mr.
Booth had said earlier that he had no objections because he lives on Grand
Ridge Drive, but he is building somewhere else on acreage, so he did not think
that should be brought into the fact either.
Mr. Seger stated that he does think that R-1 would be compatible.
Ms.
Michele Bodzioch addressed the Board and stated that she is also with VOICE, and
she wanted to address roads and bus safety for the children. The pictures shown by Mr. Schneider were of
an intersection; she would not want her child on a bus that was taking a turn
out of that intersection. She stated
that the safety of their children would be negatively impacted in addition to
the already overcrowded schools.
Mr.
Phil Blackwell addressed the Board and stated that he lives on Grand Ridge
Drive, and the traffic issue is terrible.
He lives adjacent to the land, which is full of weeds, and he would like
to see some property developed there, but he would like to see it as R-1 with
one family per acre. It was noted that
there are nine lots in Grand Ridge.
Mr.
Russ Aldridge addressed the Board and stated that he lives on Grand Ridge Drive,
and he fell in love with this area and wanted to buy some property that was for
sale not far from where they are talking about.
The property he wanted to buy was over three acres, and they would only
let him put one house on it, and he is concerned about the density. Mr. Aldridge explained that he was out
walking and came to the intersection that they are discussing and found it to
be scary, so he drove it, and it took him forever to get out of that
intersection; but he is really concerned about the density.
Commr.
Hill called for further public comment.
There being none, the public hearing portion of the meeting was closed.
Discussion
occurred regarding the property in question being developed in R-2, with it
being noted that, from gross acreage, it was nine acres and, in R-2, it would
be 18 lots. In terms of road
requirements, to develop in R-2, it would be difficult to make a lot of
improvements. On occasion, staff has
required someone to do the improvements along the length of the subdivision,
but staff has not had a road like this particular case that currently does not
meet minimum widths, and that is something they would have to look at closely.
Commr.
Cadwell stated that he knows staff is concerned that, at some point, it becomes
mathematic, and it does not make sense to do just anything, but do not
underestimate the value of nice size lots in this area and this type of housing. With this type of housing, if the Board
approves this, there will be 15 homes in there. He is comfortable with R-2; he thinks that it
is compatible and what is going to take place back towards the city; but he
cannot support it until they have some type of plan on that road. He does not know the applicant’s timeframe
but he would even suggest that they postpone it until they come back with a
plan for that intersection understanding that R-2 is what the Board would
probably support. He does not want to
approve the R-2 and he cannot condition zoning, but he would like to hear from
the applicant to see if that works for them.
Mr.
Booth stated that this would put them in a hardship, but they would consider
postponing it for 30 days to meet with Mr. Schneider and Mr. Stivender.
Commr.
Hill called for further public comment.
There being none, the public hearing portion of the meeting was closed.
Commr.
Cadwell stated that, in understanding their conversation, the Board would not be
comfortable with R-3, but with R-2, so that they do not waste the applicant’s
time.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved to postpone this case for 30 days, until November 22, 2005, PH#87-05-5, Chad L. and Kristie L. Penley, Owners; Tracking #104-05-Z; to give the applicant time to meet with staff in regards to bringing back a plan for the Maxwell Road and SR 19 intersection.
RECESS
& REASSEMBLY
At
10:39 a.m., it was noted that the Board would be taking a 15 minute recess.
REZONING CASE PH#88-05-4 – VREJ MANOOGIAN, MANOOGIAN
JOINT VENTURE, LLC, OWNER – LESLIE CAMPIONE, P.A., APPLICANT – PUD TO R-1 –
TRACKING #101-05-Z
Commr.
Hanson disclosed that she had met with the applicant or representative on this
case; Commr. Hill disclosed the same.
Mr.
John Kruse, Senior Planner, Planning and Development Services, presented
Rezoning Case PH#88-05-4, Vrej Manoogian, Manoogian Joint Venture, LLC, Owner;
Leslie Campione, P.A., Applicant; Tracking #101-05-Z; a request to rezone from
PUD (Planned Unit Development) to R-1 (Rural Residential).
Mr.
Kruse stated that it has just been brought to his attention that there is a
scrivener’s error, and staff would like to correct this error. In going back to the May 22, 2001 PUD
Ordinance, this legal description was included in the PUD; however, in going
back to that case, this parcel, which is the northern parcel, was sold prior to
approval of this PUD. He noted that the
maps and the minutes of this case reflect this information. The northern parcel was not intended to be included
with the PUD. In addition, there is not
an owner’s affidavit in the packet in 2001 from Dr. Manoogian who bought the
parcel in December, 2000. Staff is
asking that the Board approve to remove this parcel from the existing PUD, due
to a scrivener’s error. He explained
that, in their review, staff found that the research concluded that the
northern five acres, as outlined in yellow in the backup, was never a part of
the PUD that was approved in 2001; it is zoned R-1.
Mr.
Sandy Minkoff, County Attorney, stated that he wanted to correct something that
has just been presented by Mr. Kruse. In
the description of the PUD, the County’s zoning maps currently reflect this
being PUD zoning. He explained that this
parcel was sold off prior to the PUD application being made and when they came
in and made the PUD application, they used the deed that they had when they
bought the big parcel, which included this parcel. The PUD description includes this parcel,
when it should not have; this property owner did not apply for a PUD; and he
probably did not get notice of it because he would have been within the main
area, so he would not have been within 300 feet, because he was actually one of
the property owners.
Mr.
Kruse read a portion of the Planning and Zoning Commission minutes from May 22,
2001, as follows:
“Bud Keller said that originally this site was 25
acres and 65 lots were proposed. This
plan was submitted, there was a lot of opposition to it. They decided that this was an infill property
and felt it might be better to work with the City of Eustis. They withdrew their original plan. The staff at the City of Eustis agreed that
it was infill and suggested the applicant submit a plan for four units per
acre. They did that but it was denied
with no comment. Last year they
attempted to develop the property within R-1 zoning. That did not work because their density was
.97 units per acre. In December they
sold the northern five acres. He
submitted a map showing lots in the area where the septic tanks….”
Mr.
Kruse showed a copy of the warranty deed dated December 14, 2000 to the Board and
submitted it to the Deputy Clerk; it was marked and entered as Exhibit C-1 for
the County.
Mr.
Minkoff explained that staff has advertised a rezoning from PUD to R-1;
technically that is correct because the map shows this as being a PUD, so the
appropriate change, should the Board choose to go that way, would be back to
R-1. The applicant’s argument has
changed from it is appropriate to change from PUD to R-1 to it really should
never have been changed from R-1 to PUD in the first place. The advertisement of going to R-1 is
satisfactory; it is just the logic behind it that has changed. They are actually changing it to R-1 because
on the zoning map it is PUD currently.
The County improperly rezoned it, so it currently is a PUD; the only way
the zoning maps get changed is either the Board changing them or a judge
changing them.
Commr.
Hanson pointed out that, even though the records show PUD, the more appropriate
action would be to correct the scrivener’s error, and Mr. Minkoff noted that
technically it is a rezoning case and they would attempt to give notice in
those cases just to make sure they were right, and they have done that today,
so everyone has notice.
Mr.
Robert Bone, Attorney, addressed the Board and stated that he represents Mr. Ed
Jones, a neighboring property owner, and he did not want to address the
rezoning request itself but he wanted to address the issue of handling a
scrivener’s error.
Commr.
Hill opened the public hearing and called for public comment.
Ms.
Campione stated that, as Dr. Manoogian’s attorney, when he purchased the
property in December, 2000, he never signed an Owner’s Affidavit; he was never
a party to the rezoning. When it was rezoned
on May 22, 2001, it was never his intention to rezone his property. They are asking that the Board correct the
zoning map, so it accurately reflects that his property should be shown as
R-1. From a notice standpoint, if they
were to have come in and applied and asked specifically that this be corrected,
it would have had to be advertised; the County Commission cannot correct a
scrivener’s error administratively when it is a rezoning case; they would have
had to advertise it just the way it has been advertised. The only change is that the evidence that
would be presented to them today would not include any evidence about the
appropriateness of the zoning, the compatibility, or any of those issues; it
would just be a correction.
Mr.
Bone stated that there are probably others that are here to speak but he wants
to address the procedural issue. Because
this is a new issue, he stated that this is exactly why this is a matter that
he is going to ask the Board to continue and re-advertise as it should be
advertised. He stated that, if they are
here to change the zoning on the property based on a scrivener’s error, then
that is how it should be advertised. He
does not know when the County staff became aware that there was a scrivener’s
error but that is not why they are here today.
He stated that this is not how it was advertised; they are here today
and prepared to argue against the rezoning of this property to R-1 from PUD;
not to argue about a scrivener’s error.
He would ask that the Board continue this hearing and, if this is the
approach that the Board is going to take today, to address it as a scrivener’s
error, he is requesting that it be re-advertised to change the zoning as a
result of a scrivener’s error in a previous case so that there is due process
in this matter. This is a quasi-judicial
proceeding; the affected property owners are entitled to due process as this is
going to affect their property; and he knows that any time they are going to do
anything that is going to affect that zoning map, it requires due process; it
requires the two hearings; and it requires proper notice to the affected
property owners. He explained that this
is a situation where this property is on the zoning map as PUD; it has been
admitted that the application for the rezoning to the PUD included this piece
of property; and for all purposes, this property is zoned PUD; it is not a
question of a scrivener’s error; there needs to be another hearing on this
issue; and it needs to be properly advertised as to how it is going to be
addressed. Mr. Bone stated that, if the
Board is to consider this today, then it should not be addressed as a
scrivener’s error but as it was advertised for a rezoning from a PUD to R-1.
Commr.
Hanson stated that she agrees and, even though Mr. Minkoff indicated that the
Board did not have to do that, she thinks that, to be clear and if they would
not be changing the zoning, which they have advertised they would be doing and as
staff has assured them is the case, then she believes they should re-advertise
to specifically address the correction of their zoning maps.
Commr.
Cadwell stated that Commr. Hanson is probably right because the person that
owns the property relied on what he thought he had but also the people around
there over the years have looked at that zoning map and relied on what it said
so he thinks those folks should have an opportunity to address this issue.
Mr.
Minkoff clarified that there are no parties in this case; Mr. Bone has not
filed a Notice of Appearance; and he probably technically has not entitled his
client to any due process rights because he has not followed the rules to
become a party in the action. Secondly,
they never advertise the reason they are changing the map, so this would be a
departure. He can understand postponing
it to give people more time to look at this argument because it just came up
this morning, but it would be a change in their procedure to put a reason in
the ad that they are going to change their map.
Ms.
Campione stated that Mr. Keeler, the applicant in the original case, is here
today, if the Board wants to ask him specific questions about the application.
Commr.
Cadwell stated that at least 30 days, not to re-advertise but to give the
parties an opportunity to look through the issue and come to a comfort level
that what they are saying is correct, would certainly not be unreasonable.
Mr.
Minkoff clarified that the Board would just continue the case and it would show
in next month’s advertising as a change in the map from PUD to R-1 again just
as it did this time.
Ms.
Ann Ryan addressed the Board and stated that she bought the second parcel of
those five acre parcels and, prior to going into a contract with Mr. Keeler,
she came to the look at the zoning in July-August, 2002. In speaking to a staff member at that time,
the property was still being shown as R-1.
She was surprised when she returned a year or two later to zoning to
look at some other issues to find that it was a PUD. When this whole process began, she never got
one notice about any of these hearings.
Mr.
Ed Jones addressed the Board and stated that he owns the property to the right
of Dr. Manoogian’s property. He
explained that, when he came to the Building Department to get a permit to
build his home, he was told that he could only build one home on those five
acres; and he could not build any more than one home.
Ms.
Campione explained that Mr. Jones would have been in the PUD; he is directly to
the south of the property and, if he had come in and asked how many houses he
could build, the way that it was configured, technically he could only build
one house but even that was inaccurate information because it was a PUD; there
should not have been a building permit issued to Mr. Jones from Lake County; he
should have had to come back and rezone his property to R-1.
Commr.
Hill called for further public comment.
There being none, the public hearing portion of the meeting was closed.
It
was noted that the Board is asking that the entire PUD be reviewed and,
therefore, they would continue the case.
Commr.
Stivender asked that all property owners involved be notified of the matter.
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a
5-0 vote, the Board approved to postpone the request for 30 days, until
November 22, 2005, Rezoning Case PH#88-05-4, Vrej Manoogian, Manoogian Joint
Venture, LLC, Owner; Leslie Campione, P.A., Applicant; Tracking #101-05-Z; a
request to rezone from PUD to R-1.
REZONING CASE CUP#05/10/1-5 – JAMES & KAREN
SHEPHERD, OWNERS – MARK & RICHARD SHEPHERD, APPLICANTS – CUP IN A –
TRACKING #108-05-CUP
Mr.
John Kruse, Senior Planner, Planning and Development Services, presented
Rezoning Case CUP#05/10/1-5, James and Karen Shepherd, Owners; Mark and Richard
Shepherd, Applicants; Tracking #108-05-CUP; a request for a CUP (Conditional
Use Permit) in A (Agriculture) to allow for a custom meat processing operation. As noted in the Summary of Staff
Determination, the subject parcel is located in the rural future land use
category. The owners intend to process
cows, hogs, and deer for individual customers; no sales will occur on the
premises; all of the animal by-products will be disposed of in a lawful manner
on a weekly basis; this type of use “slaughterhouse” is a conditional use in
the Agriculture zoning district and is allowed only in that zoning district and
the Heavy Industrial (HM) district.
Since the property is zoned Agriculture, staff finds the use compatible
with the Land Development Regulations (LDRs); staff supports this request; the
Zoning Board recommended denial 4-0. Mr.
Kruse stated that staff received a lot of letters in opposition, ten letters
and one petition with 199 signatures; they also received letters in support of
this request. Mr. Kruse noted that this type
of operation would not be regulated by state of federal agencies, because the
meat would not be for retail sales; sanitary issues would be monitored by the
Health Department and the Department of Environmental Protection (DEP). In terms of vehicles, the number would be
limited to the individuals delivering the animal(s) and picking up the meat
after it was processed. He noted that
it is similar to Osteen’s in South Lake County off of SR 33 and CR 561; he does
not know of any complaints on that operation.
It was also noted that Mr. George Hart has a facility in the Groveland
area; and Sky Han is located off of South Street behind Glen Haven.
Commr.
Hill opened the public hearing and called for public comment.
Mr.
Richard Shepherd, applicant, addressed the Board and introduced his brother,
Mark Shepherd. Mr. Shepherd stated that
this will be a small custom meat cutting operation, with just the two of them
being employed. It will only be private
individuals who raise and slaughter their own cattle or hogs. Mr. Shepherd reviewed pictures noting that
everything is covered with concrete; the drains are connected to a septic tank;
and nothing is put on the ground. The
holding pen will hold about eight or nine animals at one time. He stated that his residence is on the front
of the property facing Fisherman’s Road, which is a dirt road. The structure is already built as a garage; the
coolers are not yet in place. He
explained that this is a heavily wooded area and you cannot see the building
from anybody’s residence; you cannot hear or smell anything from this site;
Griffin Industries will come to the site and pick up the waste; the waste will
be kept in the coolers. He explained the
surrounding area noting roads and other homes, and the types of trailers that
will be coming and going from the site; there will be no semi-trailers. The pictures and site plan were submitted to
the Deputy Clerk and marked and entered as Exhibit A-1 for the applicant (12
pages). The applicant also submitted a
Petition in favor of the CUP, which was marked and entered as Exhibit A-2 for
the Applicant (9 pages).
Ms.
Amy Davis addressed the Board and stated that she lives on Fisherman’s Road in
Paisley and right next door to the property in question. Ms. Davis stated that she and her husband
bought this property nine years ago and has been working hard to provide a home
for their five year old son. They are
upset about the possibility of a slaughterhouse being next door to them. There son loves animals and they feel that
being this close to one will cause emotional problems for him. They are also concerned about several other
issues but these issues will be addressed by their neighbors. She stated that the Board needs to consider
something like this being in an area with many small children and, if Mr.
Shepherd wants to be in the slaughterhouse business, they feel he should find a
better location, and he should consider the feelings of the people in the
neighborhood. She asked that the Board
vote no on this issue.
Ms.
Edith Cotton addressed the Board and stated that she lives on the east side of
Mr. Shepherd, and her house is off the road and is probably closer to the
business than his own home. She feels it
is an unwise decision for this location, and she asked that the Board consider
this request carefully.
Mr.
James Miller addressed the Board and stated that he lives on Fisherman’s Road
and has lived there for over 30 years.
Mr. Miller stated that he was here to talk about the waste product,
because he was involved in it for 40 years with Winn-Dixie as a meat
manager. He explained that there is a
lot of waste that comes from this type of operation, and you can dispose of it
properly but, if things go wrong, this waste product is usually outside because
you do not have room to store it inside and, if they come and pick it up when
they should, then it probably will not be much of a problem but most of the
time that does not happen. He explained
how terrible the conditions can be with excess waste including the flies and,
even though Mr. Shepherd may not have these conditions, they can happen and it
can also draw bears to the site. Mr.
Miller stated that he also wanted to address the traffic issue. When you come off of CR 42, you come to the
commercial section that he calls downtown Paisley, and the road has 22 big
curves in it, so the road really cannot support a lot more traffic and having
this operation will increase the road usage.
He also felt is would be setting a precedent for this area. There used to be a pig farm in this area, but
it is no longer there. The land at the
end of Fisherman’s Road changes the setting in this area, and he believes it
will impact the road, and the general condition of the area. He is not against him having a slaughterhouse
and, in fact, he has even thought about it, but there is a big problem getting
rid of waste. It was noted that there
were approximately 25 people present who are opposed to the request, and Mr.
Miller stated that the Board cannot ignore that many hands.
Mr.
Dave Holloway addressed the Board and stated that he does not live on
Fisherman’s Road, but his daughter (Amy Davis) just appeared before the Board,
and his grandson is being raised on Fisherman’s Road. Mr. Holloway stated that he was asked to talk
to the residents about some of the dangers involved in this type of operation. He has 35 years experience in wastewater
treatment and utilities, and he knows the dangers associated with fecal
coliform bacteria, which he explained is very dangerous and causes a lot of
diseases. The disposal of waste, which
was explained by the applicant, will be done by storage in barrels and removed
from the site once a week. Mr. Holloway
wanted the Board to realize the condition of that waste after it sits for a
week and, under the best of housekeeping, there is a chance that there will be
waste on the ground, and it will be spilled when it is loaded into trucks. Once it is on the ground, all it will take is
some rain, and the fecal coliform will be in the groundwater. Every resident in that area is drinking from
shallow wells; therefore, they will be drinking fecal coliform. He wants them
to look at all of the other problems associated with such an operation, and the
possible contamination of every well in that area. He does not want his grandson raised next
door to a slaughterhouse. He does not
have anything against them having a business, but he does wonder why the Board
was shown a building that has already been completed and was started even
before the Zoning Board heard the issue.
Mr.
Fred Hunter addressed the Board and stated that he has a Paisley address, and
he came to the meeting to give the Board some input about his feelings on this
request. Mr. Hunter stated that he and
many others participated in the sale of over 800 acres to the State; the
property goes from CR 42 to the top of the five acres that are across the road
that go up towards Snag Lake. He stated
that he is the local environmental “wacko” and he is interested in preserving
the scrub and maintaining that corridor.
That is why they sold that land cheap, below appraised value. He explained that bears are sensitive and are
attracted to the smell of food, and they applicants will not be happy with
bears coming across their property, because they are dangerous. He stated that any time something comes up
that affects this corridor, he would like to come in and address that
matter. He would like Paisley to remain
selfishly a rural community. He came to
that area to get as far away from Disney as he could and still get back to
Orlando, and he counted on the national forest to protect him from development,
as he counted on the land that is owned by the State not ever having a prison
or anything that would impede the progress of the creatures that live there. He noted that the property they sold was part
of the Wekiva/Ocala greenway, and it had about one and one-third miles on CR
42.
Mr.
Bill Dowdy addressed the Board and stated that he lives directly behind Mr.
Shepherd’s piece of property on 27 acres shown on the map as rural. He and his wife raise cows and horses, and
their biggest concern is the contamination from whatever goes into the ground,
and whatever could affect his cows or horses.
He explained how costly it is to maintain his livestock. Mr. Dowdy stated that the back of his house
is what they use for their front yard, and they can see the top of the
applicant’s building.
Mr.
John Davidson addressed the Board and stated that he lives next door to Mr.
Shepherd. Mr. Davidson discussed the
winding road noting that there are a lot of kids that play in the road,
especially on the dirt road, which is not a County maintained road. The picture shown by Mr. Shepherd looking
down Paisley Road was probably taken last night, and he has never seen Mr. Shepherd
maintaining that road. The road is
approximately 14 feet wide from one end to the other; barely big enough for two
vehicles to pass, and he explained how the trailers would have to maneuver around
one another to be able to travel on this road.
After the hurricanes last year, Mr. Davidson stated that there were a
lot of trees in the road, and the ambulance and fire trucks could not get into
that area. He explained how the County
could not assist them with the cleanup because the road is not maintained by
the County, so he cannot understand how the County could give Mr. Shepherd approval
to run a business at this site when the road is not maintained by the County, and
it is not being maintained by him.
Ms.
Sandy Goodman addressed the Board and stated that she had pictures of the road
to show the Board. Ms. Goodman pointed
out the curves on road; where the dump trucks got stuck bringing in concrete to
the site; how the road was torn up when the truck was finally pulled out; the
long wait for the truck to be removed and how it held others up from getting to
their destinations; how long it took for the road to be repaired; the location
of the applicant’s driveway; and the problems with water seepage onto
neighboring properties that caused damage to many fences. The pictures were submitted to the Deputy
Clerk and marked and entered as Exhibit O-1 for the Opposition (20 pictures).
Mr.
Charles Norris addressed the Board and stated that he does not live in the
Paisley area, but today they are hearing so much about how everyone wants to
keep Lake County rural. Mr. Norris
stated that, at this time, there are only two small slaughterhouses in the
County, and he understands that one of them is in the process of closing down,
and people are very limited on where they can take their beef and swine to be
processed. He felt that this is a part
of their rural necessities to keep this area rural and he would like the Board
to give this some consideration. He is
involved with the fair and, during the fair, they have about 250 animals that
need to be slaughtered and it is getting harder to find a place for these
animals to be processed.
Commr.
Stivender stated that, in going back to the fair, she had gotten a lot of
letters from children who raise animals through 4-H or Future Farmers of
America (FFA) at the schools and, if there are not small businesses like this one,
she wanted to know where someone would take their animals to be slaughtered,
once they are bought at the fair.
Mr.
Norris stated that Osteens and Mr. Hart get some animals; there is also South
Marion Meats in Marion County that get some; there are costs for transporting
the animals; and every other County is having problems, too. He stated that there are a lot of fairs in
the State of Florida that have to ship the animals half way across the State to
get them done, because there are not that many slaughterhouses.
Commr.
Hanson stated that Publix and others purchase a lot of the animals, and they
would be limited to those animals going to larger supermarkets.
Mr.
Norris explained that about 80 percent of the animals at the fair are bought by
individuals and are processed and eaten at home, and it creates a problem,
because all of the business for those few slaughterhouses comes during a short
period of time. He stated that this
operation would have to be inspected on a yearly basis and, if they fail to
comply, the operation can be revoked.
Commr.
Stivender explained that there could be other stipulations where the operation could
be checked more often and the Board can put conditions on a CUP.
Mr.
John Rivers addressed the Board and stated that he and his wife bought property
in Paisley in February 1957, and he knows how all of this property was before
any others came to the area. Mr. Rivers
explained that all of them have worked hard to clear and improve their property
and make it worth more and he does not believe that anybody has the right to
come in there and do something that would devalue their property. He has read a lot of real estate ads and he
has never read one yet where they used the selling point of being in the
vicinity of a slaughterhouse.
Ms.
Sandy Levinston addressed the Board and stated that she lives on Johnson Road
in Paisley, and they bought their property in 1987. She concurs with Mr. Miller that, when they
first were there, they could drive Fisherman’s Road and not meet a car. Now it is very busy and, in looking at the
pictures submitted by Mr. Shepherd (Exhibit A-1), they show two curves right at
the beginning of Fisherman’s Road, and they do not show all of Fisherman’s
Road. She stated that the Zoning Board
denied this request and they denied the waiver and she commends them for taking
that action. She stated that there may
be a reason that the slaughterhouses are closing down. There has been one closed because of health
and safety violations and, even though they can be inspected, she felt it would
be better to be pro-active and not put a slaughterhouse in this area where they
would have to inspect and also maintain roads. She asked that the Board vote no on this
request.
Ms.
Pat Anderson addressed the Board and stated that she lives in Sorrento, but she
represents her son who is a Paisley resident and lives a few doors from the
Shepherd’s property. Her son bought property
in this location approximately five years ago and he has enjoyed the peace and
quiet and the animals and deer that come up on his land. Her son does have some medical problems, as
well as another individual in this group that has major medical problems, and she
is concerned with the exposure to insects and germs because of the remains of
these animals. The traffic on
Fisherman’s Road is constant and the only trucks that the applicant mentioned
are residents that are probably on the road a week or two at a time; they come
in there and park their trucks for a couple of days. As far as trailers, she has not seen cattle
trailers in there; as far as a school bus, that would be a necessity; but it
would be difficult for any of these vehicles to get turned around. She stated that James and Mark Shepherd
continue to pursue the construction of the building to house the
slaughterhouse, and they requested a permit for the building of a garage. She has never seen one that cost $6,000 or
more for concrete; it is a huge building; and there have been individuals that
have attested to seeing the roof. The
laws of the country provide for equal opportunity for all people, which allow
them to object to that operation because of health and other reasons. Because of controversial comments made by the
family that has recently moved into the location and proceeds to go forward
with a business that is controversial to this community, Ms. Anderson wanted it
to be a part of the record that she is not a liar. The Shepherds did not in good faith go to all
of their neighbors and ask for opinions or a possible agreement. She wanted to know what assurance the
resident will have that there will be action taken by Lake County to inspect it
for sterilization of equipment, for cleanliness of the grounds, disposal of the
remains of the animals to avoid seepage into the groundwater. If they are granted the right to establish
the business, she and all of the other residents request not less than monthly,
preferably bi-monthly drop-in and unannounced inspections; and that they be
held responsible to do the right thing to protect everyone. At the zoning meeting, they were required to
dispose of all of the remains within 48 hours, and she feels that is too long
before disposal because this will allow for an opportunity to create flies and
attract bears and other wild animals, and, because of the warning about diseases,
they need to be pro-active. They
strongly object to this business operation in Paisley on Fisherman’s Road and,
as Ms. Anderson stated in the Zoning Board meeting, let them find property that
is conducive to that type of request.
They respectfully request that the Board deny the request from the
Shepherds.
Mr.
Bill Welter addressed the Board and stated that he does not live in Paisley; he
is a friend of the Shepherds. Mr. Welter
stated that he was asked to come here to observe and he cannot help but feel
that most people in this room do not feel that the Board is doing a very good
job, because they do not think that codes and safety issues have been put in
place for a specific reason. The
Shepherds have gone about their request legally and presented their case in
full public view. He asked that, instead
of listening to all of the negativity that he has heard here today and recognizing
that they are all talking about worse case scenarios, he wants to see the Board
carry out what they have put in place.
He does not think that the standards that the Board has requested are
outrageous, or undoable, and they have asked for a chance to do it. He asked that the Board use their
consideration on this matter in support of it.
Mr.
Roy Hunter addressed the Board and stated that he is only speaking for his wife
and himself today. After listening to
his neighbors, Mr. Hunter stated that he had to come here and talk today. In replying first to the gentleman that
preceded him, if they only went by laws and regulations, there would be no
point in having public input, because the five of them are judges (the
Commissioners), and they have to interpret the law as it really applies to the
people. He lived off of Fisherman’s Road
on Sunset Drive for about 12 years and that road has a lot of curves. It also has a lot of places where the road
gets chewed up on the edges the same way as Maggie Jones Road where they live
now. The more traffic put on that road,
the more it is going to get torn up. The
County has enough problems keeping the roads repaired now, and they will be adding
more work if they approve this request.
He feels that the Board needs to really think about those people who
live in the area that are immediately affected by this because they need the
Board’s compassion and interpretation of the law.
Mr.
Ben Cook addressed the Board and stated that he lives across the road from Mr. Shepherd. At the Zoning Board meeting, Mr. Shepherd was
talking about bringing in cows on a Friday and killing them on a Monday or
Tuesday. He cannot imagine what the
people in the area will be listening to all weekend, as those animals will be
creating a lot of noise. Also his
grandchildren come to visit him, and he would not want them to be down there
when they are killing the animals. He
noted that the condition of the road has already been addressed so he would not
make further comments regarding that issue.
Commr.
Hill called for further public comment.
There being none the public hearing portion of the meeting was closed.
Commr.
Hanson wanted to know the sizes of other slaughterhouses that have been
approved by the County, and Mr. Kruse noted that the Osteen’s was probably a
similar size piece of property.
Commr.
Cadwell pointed out that, as the gentleman, Mr. Welter, had stated earlier, they
have talked about the worst case scenario, so he wants to talk about the best
case scenario. He stated that they have a
five acre parcel in a developed subdivision that is two and a half miles off of
a main road, on a dirt road, and it is going to be a commercial business. The other businesses they have talked about
are on CR 33, CR 439, and CR 561. This Board
has always bent over backwards to try to let people have home occupations, and
he agrees with that but most of the ones that they have approved have been on
major roads, and in an environment where they thought they would succeed. He stated that the Board knows the condition
of Fisherman’s Road, and the paved part is very curvy and has a lot of traffic
on it; then you have the dirt portion that this business is actually going to
be on. Commr. Cadwell stated that two
and a half miles from CR 42 to this road with any type of additional trucks
that are going to be bringing in animals to be slaughtered just does not work
and, even though it is rural, it has developed into a subdivision. It is in Paisley on five acres in the woods,
but it still has the feel of a subdivision, and he just does not think there is
any way that this business would be compatible by the location and, even if it
was run perfectly, it still would not fit in this community.
Commr.
Hanson stated that she agrees and there have been points made on both sides
that are still very valid. She stated
that the point was brought up on what they need to do to keep the area rural;
you keep it rural by having farm animals.
She stated that you need a place to slaughter them and having had a dairy
farm, she absolutely understands the need but she thinks that, in this area,
the size of the land is probably too small.
It may be appropriate in other areas, but it is too small in this
case. She stated that they are going to
find it harder and harder throughout the County to find those areas that are
appropriate for this type of operation.
Commr.
Pool stated that the Shepherds have done an admirable job in trying to portray
this as something that would not be a nuisance to the neighborhood, and he knows
they would try hard but he agrees that, after listening to both sides of the
issue, the location is not right especially when every neighbor around them is
in opposition of it; it just does not make it desirable. He has listened intently to the District
Commissioner and those that live in the area, and the need is there, but he
does not know where you would put it so that it would benefit but not disturb
the neighborhood; therefore, he will not be able to support it today based on
the information at hand.
Mr.
Mark Shepherd addressed the Board and showed them the businesses that are
already on Fisherman’s Road. He
presented the list to the Deputy Clerk, which was marked and entered as Exhibit
A-3 for the Applicant.
Commr.
Hill stated that she does feel like Mr. Shepherd intends on making this a first
class operation, and he is putting a lot of financial commitment into this and
she wanted to know if it would be appropriate for staff to help him to find a
location, if this one is not appropriate and if he still wants to pursue this
type of operation.
Mr.
Kruse clarified that this type of operation is only allowed in either
Agriculture through a CUP or Heavy Industrial.
Commr.
Hill explained that the County helps small business owners all of the time and
tries to encourage small businesses, and the County has a small business
development center, and Mr. Kruse noted that staff could forward the applicant
to Mr. Greg Mihalic, Director of Economic Development/Tourism.
Commr.
Stivender stated that she has the same comments as Commr. Hill and, after
listening to both sides, they do need this type of facility, because this
County was established on agriculture, not rooftops. Even though it may not be their role, but she
thinks it is their role to keep agriculture in the County, she suggested that
they help the applicants find another site.
Commr.
Cadwell made a motion, which was seconded by Commr. Hanson, to deny Rezoning
Case #CUP#05/10/1-5, James and Karen Shepherd, Owners; Mark and Richard
Shepherd, Applicants; Tracking #108-05-CUP, a request to permit a custom meat
processing operation.
Under
discussion, Commr. Hanson stated that, along with that, staff can also work
with the applicants on other types of businesses that might be appropriate
based on this list of businesses that are already in the area (Exhibit A-3).
Commr.
Cadwell clarified that, since they are a quasi-judicial Board, he really thinks
they are kind of stretching what they ought to be doing, because they have to
hear it and, if they tell their staff to go find them something, it would not
be appropriate.
Commr.
Hill explained that, within the County government, they have a small business
incubator and they could help them with something.
Commr.
Hill called for a vote on the motion to deny the request, which was carried
unanimously by a 5-0 vote.
RECESS
& REASSEMBLY
At
12:15 p.m., Commr. Hill announced that the Board would be taking a five minutes
recess.
REZONING CASE PH#16-03-2 – ROBERT SHAKAR – JOHN P.
ADAMS PROPERTIES, INC. – GREG BELIVEAU, AGENT – AMEND PUD – TRACKING #33-03-PUD
Mr.
Jeff Richardson, Planning Manager, Planning and Development Services, presented
rezoning case PH#16-03-2, Robert Shakar (Contracted Owner); John P. Adams
Properties, Inc. (Owner); Greg Beliveau, President, LPG Urban and Regional
Planners, Inc., Agent; Tracking #33-03-PUD; a request to amend PUD Ord.
#2003-84 that was enacted on September 23, 2003 by the Board. As noted in the Summary of Staff
Determination, on December 11, 2003 the Department of Community Affairs (DCA)
filed a Notice of Appeal on the grounds that the ordinance was inconsistent
with the Comprehensive Plan. On June 30,
2005 the DCA and Lake County entered into a Stipulated Settlement Agreement to
amend Ordinance #2003-84 to include changes that would bring that into
compliance. On March 29, 2005, the Board
considered the Stipulated Settlement Agreement and approved it, and now staff
is bringing the ordinance for those changes.
He noted that the language being added is the exact language out of the
Stipulated Settlement Agreement.
Commr.
Hill opened the public hearing and called for public comment.
Mr.
Steve Richey, Attorney representing the applicant, addressed the Board and
stated that normally the DCA would see this during the platting process, but
they are going to see the timeliness study when it is submitted to the
County. They support that because, if
there is a problem with it, they want to know before they go through the whole
platting process and do construction drawings, so this will benefit all. He reminded the Board that this project
started at the same time as the school that is contiguous to it.
Ms.
Cindy Barrow, VOICE, stated that Pine Ridge Elementary is now 50% over capacity
and that school is going to alternative sessions very soon. Ms. Barrow stated that last night at the
School Board meeting the Sawgrass property, which was bought to relieve the
overcrowding of Pine Ridge Elementary School, was now going to be borrowed
against to finish three other schools in the north end of the County.
Commr.
Hill stated that Ms. Barrow needs to understand that the Board already approved
this request several years ago.
Ms.
Barrow stated that, with this understanding, she wanted the Board to know that
Sawgrass property is going to be delayed even further and the plans of getting
a new elementary school there. She
stated that this is something that the Board needs to keep in mind; she knows
they cannot do anything about what has already been approved but the Board needs
to be informed.
Commr.
Hill noted that there is a school adjacent to this property, and Commr. Cadwell
explained that this project reminds the Board how important is it that they get
the concurrency language done as quickly as possible.
Mr.
Richey stated that he wanted to correct one thing that was said by Ms. Barrow, with
VOICE, and that is that the School Board did not buy the Sawgrass site; the
developer, in conjunction with the neighboring site, gave the School Board the
land and the infrastructure to provide that school, with no credit off the
impact fees or anything else.
Ms.
Michele Bodzioch, VOICE, stated that the school that is adjacent to the
property, Pine Ridge Elementary, is 50% overcrowded and, when this started, the
school had just opened up with portables.
They are now beyond capacity; they do not know where these children are
going to go next year. Ms. Bodzioch
explained that the Sawgrass property was donated; however, the money to build
that school is coming from the School Board, and that money is now being pulled
for other projects.
Commr.
Cadwell stated that he certainly did not agree and did not vote for this
project, but the project passed. Today
the Board is strengthening the position of DCA to maybe slow that down if
anything. The only thing they are doing
today is amending the PUD to add that language that is in the Stipulated
Settlement Agreement that says that DCA will review the timeliness before they
can move forward.
Ms.
Bodzioch just wanted the Board to understand that, when the Board approves
something and it goes through this process, it looks good at the time, but now
it looks really bad and they cannot have these kinds of delays, because there
is no where to put these children. She
did not know if Mr. Shakar can delay the process a little longer or wait until
the 2007 school year when they may have another school open. They really need the community to work with
them.
Commr.
Pool explained that this assures them that DCA will review the process and
agrees with the numbers to meet timeliness, and Commr. Stivender noted that the
Board has another meeting with DCA and the School Board on Friday, October 28,
2005.
Commr.
Hill called for further public comment.
There being none, the public hearing portion of the meeting was closed.
Mr.
Richey stated that they would have been happy to build this project when it was
approved and the school had nobody in it.
He clarified that they did not appeal to DCA; some of the folks who are
not here today but who were concerned about schools appealed to DCA and delayed
this for two years; that is what has caused the problem they have now. He stated that everything else was found in
compliance with the Comprehensive Plan, and the action the Board had taken
historically.
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously
by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and
approved the request as amended, for Rezoning Case PH#16-03-2, Robert Shakar
(Contracted Owner); John P. Adams Properties, Inc. (Owner); Greg Beliveau,
President, LPG Urban and Regional Planners, Inc. (Agent); Tracking #33-03-PUD; to
amend PUD Ord. #2003-84 to include those changes as indicated in the Stipulated
Settlement Agreement “General Provisions, #5, a-e”; Ordinance 2005-91.
REPORTS
– COUNTY MANAGER
WASTE
SERVICES, INC./SETTLEMENT AGREEMENT
Mr.
Gregg Welstead, Deputy County Manager/Interim Director of Growth Management,
addressed the Board to discuss the request regarding the Settlement Agreement
with Waste Services, Inc. Mr. Welstead
explained that several months ago there was a significant breakdown in their
collection services for about a week to ten days. As part of their contractual services, there
are fines associated with each individual incident and those fines accrued over
that period of time. As part of that
agreement with them, Waste Services is allowed to come back and request a
hearing on it with the County Manager; that discussion was held about two weeks
ago with Ms. Blanche Hardy, Director of Environmental Services, Ms. Melanie
Marsh, Assistant County Attorney, Ms. Cindy Hall, County Manager, and
himself. They presented a proposal
where they would have a 90 day period to come into compliance and, after that
period of time, they would have to maintain below the 5% consumer citizen
complaint line (as shown on the chart in backup). They have agreed and have made a significant number
of changes to management; they have acquired a couple of new vehicles; staff
has been working with them to try and realign some routes; and they believe
they have resolved that issue. Mr.
Welstead stated that Waste Services is more than happy to work with the
County. The stipulation is that the
initial $10,000 of the $65,100 penalty will come out of their December
allocation from the County; then a proportionate share of the remaining $55,100
over the following 90 day period; for every percent that their consumer
satisfaction was below that, the fine would be reduced.
Commr.
Cadwell stated that it is clear that the fines were set up to ensure good
customer service, and he thinks this process does that and it is a good way to
handle it; it is not a revenue source for the County, and they hope never to
impose a fine.
Mr.
Sandy Minkoff, County Attorney, confirmed that legally he is comfortable with
the language.
Commr.
Cadwell stated that he thinks it is a great idea to ensure that this customer
service is there because, to keep fining them, it does not do anything, and
this gives them some incentive to comply and they have made changes to the
company.
Commr.
Hanson stated that one of the problems that they ran into during this time was
the number of complaints; it was not necessarily a valid number because many of
those complaints go directly to the company; the County does not have access to
those complaints.
Mr.
Minkoff explained that Ms. Hardy is going to take some steps to make sure that
customers are notified so that they can call the County when they have a
problem with service.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously by a 5-0 vote, the Board approved the Settlement Agreement with
Waste Services, Inc. to establish payment of fines and improvement of
performance schedule.
REPORTS
– COUNTY ATTORNEY
CONTRACTS/FURNITURE
COUNTRY WAREHOUSE
Mr.
Sandy Minkoff, County Attorney, noted that he had added to the agenda
discussion on the contract to purchase the building from L. L. Swor, the
Furniture Country Warehouse. They have
just completed their new building, and they need a few extra days to clean out
the existing building and, rather than close and let them be in there after
they close, he suggested that the Board delay the closing by four days. He requested approval to extend the closing
from October 31, 2005 to November 4, 2005.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously
by a 5-0 vote, the Board approved the request from the County Attorney to
extend the closing on the contract with L.L. Swor, the Furniture Country
Warehouse, from October 31, 2005 to November 4, 2005.
COVANTA
BONDS
Mr.
Sandy Minkoff, County Attorney, stated that he added an item to the agenda regarding
the Covanta Bonds. Mr. Minkoff stated now
that SunTrust is the lender, SunTrust has made a request, as allowed under the documents,
for the trustee to be changed from Wachovia to SunTrust. He stated that legally it is their obligation
to approve that request; staff is recommending approval of that transfer.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously
by a 5-0 vote, the Board approved a request from SunTrust to change the trustee
from Wachovia to SunTrust, as it pertains to the Covanta Bonds.
ADDENDUM
NO. 1
LICENSE
AGREEMENT/FRIENDS OF FERNDALE
Mr.
Sandy Minkoff, County Attorney, recommended approval of the Revocable
Non-Exclusive License Agreement between Lake County and Friends of Ferndale to
use the fire station in Ferndale.
Commr.
Stivender stated that she would like to thank Ms. Amye King, Assistant Growth
Management Director, Mr. Minkoff, and Ms. Cindy Hall, County Manager. They have been working with Fred Kramer and
Ed Mitchell for some time trying to get this resolved. They have been using it, but it was just not
in a formal document.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously
by a 5-0 vote, the Board approved the request from the County Attorney for
approval of Revocable Non-Exclusive License Agreement between Lake County and
Friends of Ferndale.
CLOSED
SESSION
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a
5-0 vote, the Board approved a request from the County Attorney to hold a closed
session next Tuesday, November 1, 2005, at 9:30 a.m., to discuss pending
litigation.
REPORTS
– COUNTY MANAGER
CONSULTANTS/SCHOOL CONCURRENCY/PUBLIC EDUCATION
FACILITIES ELEMENT/RFP
Mr.
Gregg Welstead, Deputy County Manager, stated that, at the October 18, 2005
meeting, the Board discussed the potential for hiring a consultant to assist
the County staff is working through the school concurrency pilot project. He has provided in the backup the resumes for
Jeanne K. Mill, Angela D. Usher, and David L. DeYoung. They had a lot of experience with the Palm
Beach concurrency effort; they are a newly formed company that has gathered
together as result of Senate Bill 360 to work through this process for pilot
counties, as well as the other counties throughout the State that will have to
accomplish concurrency over the next three years. They would need to waive the requirement for
a RFP for consulting services and, because this is a small company, he is not
sure that the insurance requirements are appropriate for this instance, and he
has provided that information as an attachment to this agenda item. Mr. Welstead stated that Ms. Amye King,
Assistant Growth Management Director, has a proposed work plan from the County
perspective; this is where they think they might want to go with the work
plan. The State’s consultants have also
provided a similar document to the School Board. The School Board met last night and they did
sign the interlocal agreement.
Mr.
Sandy Minkoff, County Attorney, informed the Board that he also received a
proposal from Bob Nabors, Nabors, Giblin & Nickerson; they have apparently
put together a consulting group as well; he was not necessarily suggesting
them; he just wanted the Board to know that Mr. Nabors contacted him; and
Commr. Cadwell noted that he had thought of this group as serving in the
capacity of mediator, since they have also worked with the School Board.
Mr.
Welstead explained that staff believes that the School Board is going to have
their own consultant although they have not discussed it at any Board meeting;
the State approved the consulting team of Morris-Depew.
Mr.
Minkoff stated that staff would like to take some time today and talk about
Friday’s meeting (October 28, 2005).
Commr.
Hanson stated that, if the School Board did join them with the same consultant,
obviously they will not need a mediator; she thinks it would be much less
contentious but then again, that is their decision.
Mr.
Minkoff explained that, as they had discussed, he did not think they would be
able to share a consultant, because the consultant will end up being criticized
by both groups, as he explained.
Commr.
Hill stated that she thinks the Board should have their own consultant, and
they should look into having a mediator.
In
looking at the hourly rate of $150.00 per hour, staff noted that it appears to
be a standard fee.
Mr.
Minkoff stated that hopefully they will be able to develop a work plan and
maybe have specific tasks to try to get it to a not-to-exceed cost, as they go
forward.
Commr.
Cadwell stated that he contacted other counties and found that Ms. Mills was
very diligent in her duties and had a real good understanding of concurrency,
from a technical standpoint, and he is comfortable with the recommendation.
Commr.
Hanson stated that she met with Ms. Mill, and her feeling is that she would
very much try and find resolution as opposed to one side against the other so,
with that in mind and, with what they have in place in Palm Beach County, she
feels she would be a good choice.
On
a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously
by a 5-0 vote, the Board approved the request from the County Manager for
approval to hire Jeanne K. Mills, et al, as County consultants for School
Concurrency/Public Education Facilities Element; approval of waiver of
requirement for RFP for consulting services; and approval of waiving insurance
requirements or establishing alternative limits.
Mr.
Welstead explained that staff prepared a general work plan, which is their
first task as part of this process; they have to have this as part of the
sub-agreement to the State by November 1, 2005.
The School Board has their work plan proposed by Morris-Depew; it does
not appear that the School Board has discussed that at all. The agenda for Friday would include approval
of the work plan; discussion about how often both boards are committed to work
on this for the next couple of months; and they must also consider the cities
because they have a very obvious interest in how this process proceeds.
Ms.
King addressed the Board and noted that they plan on meeting every two weeks.
Commr.
Cadwell stated that the final product will be an agreement between the School
Board, County and cities and, from what he is hearing, the cities still think
they are on the outside and they need to find a way to incorporate them into
this process.
Mr.
Minkoff explained that he met with the city attorneys last week, and they had
Tavares, Eustis, Umatilla, Lady Lake, Leesburg, and Fruitland Park, about half
of them were there, and he expressed to them the position that the Board very
much wanted to make them a part of it.
The League of Cities has asked that Louis Stone be involved in helping
choose the mediator. The cities
understand that the Board wants them to be a party; they recognize the importance
of attending these meetings; and they are going to treat them as an equal party
at this table. He noted that there are different
view points amongst the different cities.
The Board is going to have to get involved in learning, because the
Statute says it is a negotiation, a give and take, so staff needs the Board’s
position on these complicated and important issues as they go forward but it
really has to be Board driven as opposed to staff driven. He noted that this is the reason they have
asked that Ms. Mill become involved because hopefully she can give them an
understanding and other ways to look at the issues.
Commr.
Hill felt that Ms. Mill should sit down with the Board first in a workshop to
establish how they feel about the issues including the level of service and
shared facilities, because there are a lot of elements that the Board might
want to address within this before they meet jointly.
Mr.
Minkoff explained that the interlocal agreement is required to be signed by all
cities that are not exempt (none are exempt), the County, and the School
Board. It is 100% and the cities
understand the importance of getting involved at the beginning of the process
rather than waiting to the end and getting a document that they cannot agree
with.
Commr.
Cadwell noted that, while Mr. Minkoff has talked to the attorneys, the managers
need to talk to the managers, and the Chairman, through the League of Cities, needs
to talk to their president and make sure they put something in writing to them
that these are the meetings and they need their input and to make sure they are
at the table. It was noted that Ms. King
is also working with the planners.
Ms.
King explained that the goals of Friday’s meeting are to agree on the work
plan, which is required to be submitted to the Department of Community Affairs
(DCA) by November 1, 2005.
Mr.
Minkoff stated that city attorneys that he met with all embraced using a
mediator; they do not know if the School Board will embrace that idea; the goal
would be to have everyone agree that they should choose a mediator and how they
would do that.
Ms.
King noted that, if the Board finds her proposed work plan acceptable, she will
distribute it to the Board after the meeting.
At this time, she reviewed it with the Board noting important dates that
will require specific tasks to be completed pursuant to the School Concurrency
Pilot Community Contract with DCA. It
was noted that dates will be coordinated with all parties.
Discussion
occurred regarding the set up for the meeting on Friday, with it being noted by
staff that the Department of Education (DOE) representative and the DCA
representative are going to be available for questions. It was noted that Commr. Hill will contact the
Chairman of the School Board and the President of the League of Cities this
afternoon by phone and talk about the agenda, with staff noting that they can
present their proposed work plan to them.
Mr.
Welstead stated that he would like to echo Mr. Jerry Smith’s comments this
morning on Ms. King over the weekend. She
did an exceptional job over the weekend in the capacity of Planning Chief
during the emergency services drill for Hurricane Wilma.
REPORTS – COMMISSIONER CADWELL – DISTRICT #5
JOINT MEETING/IMPACT FEES
Commr.
Cadwell reported that the joint meeting between Broward, Dade and Palm Beach
Counties in South Florida was cancelled Monday, but this following Monday is
the statewide impact meeting in Tallahassee, and he and Mr. Sandy Minkoff,
County Attorney, will be there.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTIRCT #1
Commr. Hill stated that the County Leadership Conservation
Awards Program, which is being put on by NACO and the Trust for Public Land,
will be handing out these awards, and they want to know if Lake County would
like to submit an application for this award.
It will be held at the NACO 2006 Conference, in Washington D.C. March
4-8, 2006.
The
Board discussed submitting its land acquisition program or even a package that
includes the Wekiva and the St. Johns River Alliance and, if it is an
individual person, Commr. Cadwell suggested that Commr. Hanson would be
deserving of the award, since she has worked on all of these issues. After further discussion, it was noted that it
was the consensus of the Board that Commr. Hill will meet with staff and work
on this item
STATE OF THE COUNTY
Commr.
Hill informed the Board that she had gotten a request to show the State of the
County video, and she has asked David Walker, Senior Maintenance Specialist, to
add this to the video of today’s meeting.
REPORTS
– COMMISSIONER CADWELL – DISTRICT #5
OUTREACH DEPARTMENT
Commr. Cadwell noted that the Outreach Department did an
outstanding job on the State of the County; it was very professionally done;
and they did an exceptional job over the weekend during the storm, and Commr.
Hanson noted that the Board does not recognize staff enough for the work they
do and she would also like to recognize their efforts at this time.
REPORTS
– COMMISSIONER POOL – DISTRICT #2
TRAFFIC
STUDY/OSWALT ROAD
Commr.
Pool noted that a couple of weeks ago he had mentioned Mr. Dennis Ruby and
Oswalt Road; Mr. Ruby has now sent a
second letter describing the need for the Board to look at this road. Commr. Pool stated that he would like to
request that the County do a study on Oswalt Road to determine the amount of
traffic/speeders in this area.
Mr. Fred Schneider, Director of Engineering, noted that staff
has been to this location and have been updating some of the information.
Commr.
Stivender requested that Mr. Schneider do the same kind of study on Shirley
Shores Road, because she is getting continuous calls about speeders on that
road.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting adjourned at 1:13 p.m.
__________________________
JENNIFER HILL, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK