A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 20, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, June 20, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Others present: Sanford A. “Sandy” Minkoff, County Attorney; Cynthia W. “Cindy” Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy McAuley, Deputy Clerk.

INVOCATION AND PLEDGE

Dr. Denny Dennison, North Lake Presbyterian Church, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, announced that Addendum No. 1 includes one item under the County Attorney’s reports.

MINUTES

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of April 18, 2006, regular meeting, as presented.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of May 23, 2006, regular meeting, as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 8, as follows:

Moving Expense Reimbursement - County Manager

Request for approval to pay additional taxes for the County Manager due as a result of the moving expense reimbursement paid by the Board of County Commissioners. The County Manager’s contract allows for the reimbursement of moving expenses up to $5,000. Moving expenses incurred were $3,738. This amount was paid to the moving company and is taxable to the County Manager since the move did not meet the IRS mileage requirement for a tax deduction. The tax effect of the reimbursement is approximately $1,333. This is a request for an additional payment of $1,262 ($5,000 less $3,738) which would be applied to income taxes withheld for the County Manager; limited to the amount of reimbursement originally approved by the Board.

 

List of Checks or Warrants

Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

 

Proposed Operating Budget - Deer Island CDD

Request to acknowledge receipt of Deer Island Community Development District’s proposed operating budget for Fiscal Year 2007 submitted in accordance with Chapter 190.008(2)(b), Florida Statutes. The District’s public hearing is scheduled for 7:00 p.m., July 31, 2006, Deer Island Clubhouse, 17450 Deer Island Road, Deer Island, Florida.

 

Public Service Commission - Brendenwood Water System, Inc.

Request to acknowledge receipt from the Public Service Commission of Order Approving Rate Increase and Notice of Proposed Agency Action Order Granting Temporary Rates in the Event of Protest. In re: Petition for limited alternative rate increase in Lake County, by Brendenwood Water System, Inc. Docket No. 050880-WU; Order No. PSC-06-0444-PAA-WU; Issued: May 22, 2006.

 

Proposed Operating Budget - Arlington Ridge CDD

Request to acknowledge receipt of Arlington Ridge Community Development District’s proposed operating budget for Fiscal Year 2007 submitted in accordance with Chapter 190.008(2)(b), Florida Statutes. The District’s public hearing is scheduled for 9:00 a.m., July 24, 2006, Arlington Ridge Administration Building, 4463 Arlington Ridge Boulevard, Leesburg, Florida.

 

City of Minneola - Ordinances

Request to acknowledge receipt of City of Minneola, Florida’s rezoning Ordinance 2006-04; rezoning Ordinance 2006-09; and Comprehensive Plan Amendment Ordinance 2006-10; passed and ordained the 25th day of April, 2006, by the City Council of the City of Minneola, Florida.

 

Proposed Operating Budget - Country Club of Mount Dora CDD

Request to acknowledge receipt of Country Club of Mount Dora Community Development District’s proposed operating budget for Fiscal Year 2007 submitted in accordance with Chapter 190.008(2)(b), Florida Statutes. The District’s public hearing is scheduled for 8:30 a.m., August 10, 2006, Country Club of Mount Dora, 1900 Country Club Boulevard, Mount Dora, Florida.

 

Proposed Operating Budget - Country Greens CDD

Request to acknowledge receipt of Country Greens Community Development District’s proposed operating budget for Fiscal Year 2007 submitted in accordance with Chapter 190.008(2)(b), Florida Statutes. The District’s public hearing is scheduled for 2:00 p.m., August 3, 2006, Hampton Inn, 19700 U.S. Highway 441, Mount Dora, Florida.

 

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 25, as follows:

Budget

 

Request for Budget transfer – Animal Sterilization Fund, Department of Public Safety, Animal Services Division. Transfer $73,000.00 from Special Reserves to Operating Supplies ($43,000.00), and Machinery and Equipment ($30,000.00). In April 2006, the Board of County Commissioners approved to utilize funds in the Animal Sterilization Fund to establish and operate a spay/neuter clinic. Funds are needed to purchase cat and dog cages, vet supplies, and vet surgery equipment. Funds available in Special Reserves.

 

Request for Budget transfer – County Fire Control Fund, Department of Public Safety, Fire Rescue Division. Transfer $55,000.00 ($500.00 from Repair and Maintenance, $20,000.00 from Operating Supplies, $34,500.00 from Machinery and Equipment) to Office Supplies ($40,000.00) and Books, Publications and Dues ($15,000.00). The Office Supplies account needs $40,000.00 for fire station alerting devices and to eliminate a negative balance. The Books, Publications and Dues account needs $15,000.00 for educational training for Fire Rescue employees. Excess funds are available in Machinery and Equipment as the service monitor purchase is being delayed until the next budget year, as it is more expensive than originally budgeted. Additional funds are available in Operating Supplies and Repair and Maintenance from unencumbering purchase orders that were overestimated.

 

Request for Budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $75,000.00 from Road Repair and Maintenance to Professional Services. Historically, as the wet season begins, problems arise that require engineering services. Funds needed for engineering services for CR561 bridge improvements and additional professional services anticipated as the wet season approaches. Funds available in Road Repair and Maintenance.

 

Request for Budget transfer – Parks Capital Projects Fund, Department of Public Works. Transfer $200,000.00 from Parks Impact Fee Fund and $121,175.00 from Special Reserve. Funds are required to complete the Lake Idamere All Abilities Playground.

 

Request for Budget transfer – Renewal Sales Tax Capital Projects, Department of Facilities Development and Management. Transfer $10,750.00 Special Reserve to Machinery and Equipment. Additional Funds are required for the FY 2006 request for voting machines. The FY 2007 allocation for voting machines will be reduced by $10,750.00 for the FY 2006 shortfall.

 

Request for approval of Interlocal Agreement with the Town of Montverde relating to collection of Lake County impact fees within the town.

 

Community Services

 

Request for approval to subscribe to online reference databases through Thomson/Gale. All of the databases are renewals – Literature Resource Center, LitFinder, Biography Resource Center, Opposing Viewpoints Resource Center, Business and Company Resource Center and Business Resource Center with Marquis.

 

Request for approval to purchase and install Checkpoint RFID “Intelligent Library System” in new Citrus Ridge Library and authorization to proceed with preparation of existing collection in advance of installation.

 

Request for approval to ratify issuance by the Orange County Housing Finance Authority of Homeowner Revenue bonds and Homeowner Subordinate Revenue bonds on behalf of Lake County; and approval of Resolution 2006-98.

 

Growth Management

 

Request for approval of a Satisfaction and Release of Fine for property owner: Arthur A. Kelly as Trustee for Willie Mills, Code Case #2002080056.

 

Request for approval of a Satisfaction and Release of Fine for property owner: Anjuman A. Ahmed, Code Case #2005020076.

 

Request for approval of a Satisfaction and Release of Fine for property owner: Sandra S. Cole Et Al, Code Case #2002060154.

 

Request for approval of a three-phase user needs analysis to migrate Lake County GIS’s software, data, and business processes from a distributed, file-based system to a centralized enterprise environment.

 

Procurement

 

Request for approval to (1) declare the items on the attached lists as surplus to county needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign the vehicle titles. The items on the attached lists have been declared surplus by their respective agencies due to age, wear, and obsolescence.

 

Request for approval to rescind the award to Smith Roofing for not conforming with Performance Bonds. It is recommended that the Board award the contract for roof replacement for seven Lake County buildings to Mason Dixon (Belleview), second low bidder. The buildings are as follows: Lake County Mosquito & Aquatic Plant Control Facility, which has three buildings; Lake County Traffic Operations; Lake County Clerk’s Records Storage Building; Lake County Animal Control and the Tavares Health Clinic. The cost for this project is $334,477.16 in accordance with Bid #06-001.

 

Public Safety

 

Request for approval for Department of Public Safety Fire Rescue Division to submit grant application to the United States Fire Administration Assistance to Firefighters Grant Program. The Staffing for Adequate Fire and Emergency Response (SAFER) Grant is administered by the Department of Homeland Security and is available to help fire service agencies increase their cadre of firefighters through a five-year grant. The grant program has an application period of May 30 – June 30 with awards given out prior to the end of the year. Local matching fund dollars will be requesting through the budget process for 2006-07.

 

Request for approval of Resolution 2006-99 renaming Indiana Avenue in Imperial Terrace West to New Indiana Avenue.

 

Request for approval of the Hazard Mitigation Grant Contract between the State of Florida, Department of Community Affairs and Lake County, by the Lake County Board of County Commissioners, for the Lake County Fire Rescue Station #112 Clermont Wind Retrofit Project. The period of the contract begins upon execution by both parties and ends on March 31, 2008. Approval of attached budget transfer and Resolution 2006-100.

 

Public Works

 

Request for approval to accept a maintenance bond in the amount of $316,807.40, and execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Lost Lake Reserve, L.C.

 

Request for approval to release a letter of credit for maintenance in the amount of $7,450.34 posted for High Grove Unit 1 which consists of 84 lots, Commission District 2.

 

Request for approval of Resolution 2006-101 authorizing the posting of speed limit signs on Pond Rd. (4080) in the Mount Dora area.

 

Request for approval of Resolution 2006-102 authorizing to raise the speed limit on the asphalt portion of Turnpike Road (2338) in the Clermont area.

 

Request for approval of Resolution 2006-103 authorizing the posting of speed limit signs on Fairhaven Ct. (5235D) in the Bassville Park area.

 

Request for approval of Supplemental Addendum #1 in the amount of $16,850.00, Tavares Western Connector, Captain Haynes Road Construction.

 

Request for approval of Resolution 2006-104 to advertise Public Hearing for Vacation Petition No. 1080, Robert Godwin, Representative Robert B. White, Jr., to vacate tracts and rights of way, in the Plat of Monte Vista Park Farms, to replat a subdivision knows as Foxchase, and to vacate and cease maintenance on East Lake Louisa Rd. (#0946), all located in Sections 6 & 7 of Township 23 South, Range 26 East, in the Clermont area, Commission District 2.

 

Request for approval of Resolution 2006-105 to advertise Public Hearing for Vacation Petition No. 1087, Daniel J. & Angela Decker, Rep. Kristin Nailos, to vacate a right of way, in the Plat of Monte Vista Park Farms, located in Section 16, Township 23 South, Range 26 East, in the Clermont area, Commission District 2.

 

Request for approval of Resolution 2006-106 to advertise Public Hearing for Vacation Petition No. 1078, Sandra L. Dziak., to vacate a public easement, located in Section 11, Township 18, Range 27 East, in the Umatilla area, Commission District 5.

 

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PUBLIC WORKS - BRIDGES ROAD WIDENING & RESURFACING

Ms. Lori Conway, Funding and Production Director, Department of Public Works, presented the request for approval to execute Change Order #2 to the Bridges Road Widening & Resurfacing Project No. 2005-01 in the amount of $13,785.00, Commission District 3. This change order will be funded from the Road Impact Fee Fund, Benefit Districts 4 and 6.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request to execute Change Order #2 to the Bridges Road Widening & Resurfacing Project No. 2005-01 in the amount of $13,785.00, Commission District 3.

PUBLIC WORKS - INTERLOCAL AGREEMENT - COUNTY ROAD 455 PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY (PD&E)

 

Ms. Lori Conway, Funding and Production Director, Department of Public Works, presented the request for approval of the Interlocal Agreement between Lake County and the Town of Montverde regarding the County Road 455 Project Development and Environmental Study (PD&E). This agreement will move the project forward and let the Town take the lead.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Interlocal Agreement between Lake County and the Town of Montverde regarding the County Road 455 Project Development and Environmental Study (PD&E).

PUBLIC WORKS - PURCHASE OF PROPERTY FROM LOLA HEATH

Ms. Lori Conway, Funding and Production Director, Department of Public Works, presented the request for approval to purchase Lola Heath’s property (Lots 1 and 2, Block 3 in Lake Mack Park, Unit 2). This will be the purchase of the second piece of property in the Lake Mack area relating the flood study.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the request to purchase Lola Heath’s property (Lots 1 and 2, Block 3 in Lake Mack Park, Unit 2).

INTRODUCTIONS

Ms. Cindy Hall, County Manager, announced that Ms. Kirsten Mabry, Probation Officer, Department of Community Services, has been selected as Adult Line Officer of the Year by the Florida Association of Community Corrections (FACC). Ms. Hall read written comments made by Ms. Mabry’s supervisor, Mr. Tony Deaton. Mr. Deaton’s comments related that Ms. Mabry effectively supervises hundreds of cases each year, that she has been involved with the FACC over the last decade and is a most deserving recipient of this award.

Mr. Fletcher Smith, Community Services Director, stated that Ms. Mabry works tirelessly and is very organized. He echoed comments that Ms. Mabry is deserving of this award.

Ms. Hall introduced and welcomed Ms. Dottie Keedy, Director of Economic Growth and Redevelopment for Lake County, who began work June 19, 2006.

COMMENTS - 5:05 PM PUBLIC HEARING

Commr. Cadwell commented that the Public Hearing scheduled this evening at 5:05 p.m. will be, basically, for the purpose of correcting a scrivener’s error and that three Board members will have to be present. Commissioners Cadwell, Hanson and Hill confirmed that they will be present. Commr. Pool commented that he needs to attend tonight’s viewing for Mr. Oakley Seaver.

PUBLIC HEARINGS: REZONINGS - REQUEST FOR WITHDRAWAL

REZONING CASE CUP#06/6/6-2 - GEORGE F. SAUNDERS, JR., OWNER - MARK & JENNIFER LARSON, APPLICANTS - TRACKING NO. 77-06-CUP

 

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Department of Growth Management, announced a request to withdraw on Rezoning Case CUP#06/6/6-2; George F. Saunders, Jr., Owner; Mark & Jennifer Larson, Applicants; Tracking No. 77-06-CUP; a request in Agriculture for an enclosed kennel operation. He stated that staff received a letter this morning requesting the withdrawal. (The letter is included in the backup material.)

PUBLIC HEARINGS - REZONINGS - CONSENT AGENDA

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Department of Growth Management, announced that Rezoning Agenda Numbers 1, 2, 4, 5, 7, 10, 11, 13, and 14 are on the consent agenda and that no speaker request forms have been received on these cases. He stated that staff recommends approval on each case.

Commr. Hanson opened the public hearing on the nine consent agenda cases. There being no public comment, the public hearing was closed.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board upheld the recommendations of the Lake County Zoning Board and approved nine cases on the rezoning consent agenda, as follows:

PUBLIC HEARINGS - REZONINGS

REZONING CASE PH#61-06-3 - KERRY WROBEL OF GREEN ACRES FERNERY AND CITRUS, INC., OWNER - TOM ZAHN AND RICHARD PARADIS, APPLICANTS - TRACKING NO. 68-06-Z

 

Ms. Stacy Allen, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case PH#61-06-3; Kerry Wrobel of Green Acres Fernery and Citrus, Inc., Owner; Tom Zahn and Richard Paradis, Applicants; Tracking No. 68-06-Z; a request to rezone properties from A (Agriculture) to R-2 (Estate Residential) to allow for a single-family residential subdivision. She showed the aerial photograph of the property, 10.08+/- acres, which is located in the Yalaha area, south of CR 48, on the south side of Guava Street and east of Yalaha Road. Ms. Allen read from the Summary of Analysis (included in the backup material), noting that the property lies within the Urban Expansion Future Land Use (FLU) category that permits up to four dwelling units per acre. However, development will be limited to two dwelling units per acre (du/a) per the requested R-2 zoning district. Mission Inn has provided preliminary documentation implying the availability of water and sewer services.

Ms. Allen explained that surrounding properties are approved for 1.96 du/a and 2.0 du/a. She stated that staff originally recommended denial but these facts came to light and staff now recommends approval. Based on school concurrency, the Lake County Zoning Board did not agree with that and voted 4-2 for denial.

Mr. Sandy Minkoff, County Attorney, confirmed for Commr. Cadwell that, in cases where the applicant is willing to come to the podium and tell the Board, on the record and for the minutes, that they are willing to abide by school concurrency, that language is being included in the ordinances on straight zonings. He stated that they intend to try and enforce it and believe they can do so.

Commr. Hanson opened the public hearing.

Mr. Tim Green, Green Consulting Group, representing the applicants, stated that they are willing to agree to school concurrency language in this ordinance for this rezoning. He advised that they are developing sixteen lots at 1.6 dwelling units per acre.

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

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board overturned the recommendation of the Lake County Zoning Board and approved Ordinance 2006-63, Rezoning Case PH#61-06-3; Kerry Wrobel of Green Acres Fernery and Citrus, Inc., Owner; Tom Zahn and Richard Paradis, Applicants; Tracking No. 68-06-Z; a request to rezone properties from A (Agriculture) to R-2 (Estate Residential); with staff’s recommendation that it meets the Comprehensive Plan and the LDRs (Land Development Regulations); school concurrency language will be included in the ordinance.

DISCLOSURES

For the record, Commr. Stivender disclosed that she had conversations with someone on Rezoning Case PH#58-06-2 (Agenda No. 1), Rezoning Case PH#61-06-3 (Agenda No. 3), Rezoning Case CUP#06/6/4-3 (Agenda No. 6); and Rezoning Case CUP#06/6/3-2 (Agenda No. 7); and Commr. Pool disclosed that he spoke with someone on Rezoning Case CUP#06/6/3-2 (Agenda No. 7).

 

REZONING CASE CUP#06/6/4-3 - BA-SHER DEVELOPMENT, INC., OWNER/PERMITTEE - STEVEN J. RICHEY, P.A., APPLICANT - TRACKING NO. 75-06-CUP

 

Ms. Stacy Allen, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case CUP#06/6/4-3; BA-Sher Development, Inc., Owner/Permittee; Steven J. Richey, P.A., Applicant; Tracking No. 75-06-CUP; a request for a Conditional Use Permit (CUP) in the Agriculture zoning district to allow for a full-service equestrian center located on 31.01+/- acres identified as Paddocks 1, 2 and 3 within the Serenity Equestrian Estates subdivision. She showed the aerial photograph of the property which is located in the Yalaha area on the north side of Number Two Road at Serenity Lane. Ms. Allen read from the Summary of Staff Determination (included in the backup material), noting that the owner is proposing to add two barns, a covered arena, a lounge (no food or beverage service), tack rooms, 20 boarding stalls, bathrooms with showers, storage closets, a veterinary storage and office, a teaching office, a classroom, a reception area, and to complete the fenced paddock areas. She stated that staff recommends approval and the Lake County Zoning Board recommended approval by a vote of 6-0.

Commr. Hanson opened the public hearing.

Mr. Steve Richey, Attorney, representing the applicant, stated that the property has been platted into 62 lots. He stated that they propose to have this common area managed by a professional person who deals with horses. He stated that one reason for the CUP is to allow the homeowners’ association not to own this property but have the third party professional own it because there is a certain amount of liability. He stated that a resident apartment is being approved as part of the barns. Mr. Richey confirmed that none of the platted lots have been sold and, by doing it this way, everybody will have notice of the enterprise before they buy.

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

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2006-64, Rezoning Case CUP#06/6/4-3; BA-Sher Development, Inc., Owner/Permittee; Steven J. Richey, P.A., Applicant; Tracking No. 75-06-CUP; a request for a Conditional Use Permit (CUP) in the Agriculture zoning district to allow for a full-service equestrian center.

 

REZONING CASE PH#63-06-4 - CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, OWNER - GILAD LIVINGSTONE, APPLICANT - TRACKING NO. 70-06-CFD

 

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case PH#63-06-4; Church of Jesus Christ of Latter Day Saints, Owner; Gilad Livingstone, Applicant; Tracking No. 70-06-CFD; a request to rezone from R-1 (Rural Residential) to CFD (Community Facility District). He showed the aerial photograph of the property, 5.2 +/- acres, which is located in the Eustis area at the northwest corner of Abrams Road and Waycross Avenue. Mr. Hartenstein read from the Staff Analysis (included in the backup material), noting that the applicant is requesting to rezone the property for use as a church and associated uses. The applicant is proposing a 24,119-square foot sanctuary and a 168-square foot storage building for the site. He explained that the applicant, at the June 7, 2006, Lake County Zoning Board meeting, withdrew the portion of the application requesting a 1,624-square foot pavilion. The site is located within the City of Eustis Joint Planning Area and the City states that central water is available to the site but sewer is not. The Eustis City Commission has not agreed to provide central water. Other comments are that a transportation impact study needs to be done, appropriate turn lanes and through lanes need to be built, and additional right-of-way may be needed on both Waycross Avenue and Abrams Road. Continuing the Staff Analysis, Mr. Hartenstein referred to Lake County Public Works’ comments that the site shall comply with access management provisions. The Lake County Water Authority (May 31, 2006, letter included in the backup material) has expressed concerns about the potential of stormwater runoff, causing a negative impact to Hidden Waters Preserve. These comments will be addressed during the site plan review and approval process (DRS) if the request is approved. Staff recommends approval of this request and the Lake County Zoning Board recommended approval, by a vote of 6-0, with the deletion of the proposed pavilion.

Mr. Hartenstein confirmed for Commr. Hanson that the parking spaces are encouraged to be grass with paved or stabilized drive aisles. He confirmed for Commr. Cadwell that the applicant, per language in the ordinance, would be subject to all applicable Land Development Regulations (LDRs) and Comprehensive Plan requirements during the review process. Under Chapter 6 of the LDRs, the applicant will have to do studies and provide documentation that they will not negatively impact Hidden Waters Preserve. Mr. Hartenstein stated that the ordinance is covered in such a way that staff will get sufficient review on it. He agreed with Commr. Stivender that the adjacent development is in the City limits and that there are septic tank issues in that area.

Commr. Hanson encouraged that the retention ponds be the shallower type and be unfenced and be used as open space. Mr. Hartenstein stated that staff would be open to that and that could be provided in the design.

Commr. Hanson opened the public hearing. She noted the presence of the applicant and that no Speaker Request Forms were submitted. There being no public comment, the public hearing was closed.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board and approved Ordinance 2006-65, Rezoning Case PH#63-06-4; Church of Jesus Christ of Latter Day Saints, Owner; Gilad Livingstone, Applicant; Tracking No. 70-06-CFD; a request to rezone from R-1 (Rural Residential) to CFD (Community Facility District); deleting the request for the proposed pavilion.

 

REZONING CASE CUP#06/6/1-5 D. ANN THOMPSON, OWNER/APPLICANT TRACKING NO. 72-06-CUP

 

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Department of Growth Management, presented Rezoning Case CUP#06/6/1-5; D. Ann Thompson, Owner/Applicant; Tracking No. 72-06-CUP; a request for a CUP (Conditional Use Permit) in A (Agriculture) to permit an animal rescue facility. He showed the aerial photograph of the property, 2.36 acres, which is located in the Paisley area on Pine Valley Drive. He read from the Summary of Staff Determination (included in the backup material), noting that the owner was cited (February 2006) by Lake County Animal Control for too many dogs and cats on the property. The owner was given 30 days to either reduce the number of dogs and cats to the legal limit or file an application for a CUP and go through the public hearing process. He stated that the Land Development Regulations (LDRs) allow kennels in the Agriculture zoning district with a CUP. The CUP needs to address the maximum number of animals on the site, required setbacks, the impacts which animal noise and odor may have upon adjacent property owned by others, and a provision for removal of animal waste. He stated that the CUP would be for the existing 27 dogs and 15 cats. Mr. Hartenstein stated that he toured the site on May 31, 2006, with an Animal Control Officer, and he showed a compilation of site photographs (included in the backup material). He stated that the agriculturally-related animals on site are not part of the CUP. He stated that, during his site visit, there was not a lot of excessive barking but some people complained at the Lake County Zoning Board meeting about excessive barking by a hound dog. He advised that there was no excessive odor during his site visit.

Mr. Hartenstein stated that, based on the Findings of Fact, staff finds that this request, if approved, has the potential to be a nuisance and cause an adverse impact on the adjacent property owners; therefore, staff is unable to support this request and recommends denial for the animal rescue facility. He stated that the Lake County Zoning Board recommended approval, by a vote of 5-1, and he noted the three conditions with that approval. Regarding a one-year review, he clarified that it is just a review as a report to the Board of County Commissioners and the Zoning Board and not a reapplication.

During the Board’s discussion, Mr. Hartenstein confirmed that the animals are being well taken care of and have adequate shelter. He explained that these animals, over the years, have been taken in and cared for by Ms. Thompson and that she spends a considerable amount of money with veterinary bills and care. He stated that she does not want to add any animals and wants these to live out their lives; therefore, the number will be decreasing as these animals die.

Commr. Hanson opened the public hearing.

Mr. Ishir Mehta, representing Ms. Thompson, stated that she has been on the property about 14 years. He stated that a six-foot privacy fence surrounds three sides of the property and the back of the property has trees and shrubbery. He stated that adjacent property owners have written letters of support for Ms. Thompson. He confirmed that the animals are fixed and there is absolutely no plan to breed these animals. Ms. Thompson has created a list of the animals that she will present to the Zoning Board. Mr. Mehta confirmed that Ms. Thompson knows that she will not be able to take in additional animals because her CUP will be yanked if she breaks the rules. Regarding a neighbor’s letter indicating concern about property values, that neighbor has their property under contract for sale.

Mr. Sandy Minkoff, County Attorney, stated that changes will have to be made to the proposed ordinance because it is written generally allowing a kennel. The CUP would have to say that only the existing animals can stay and once they drop below the thresholds, the CUP would go away. He stated that CUPs run with the land and, in this case, the CUP is specifically limited to these animals so it should not make any difference who lives there.

Mr. Hartenstein confirmed that the agricultural animals are permitted with the zoning and there is no issue with them.

There being no further public comments, the public hearing was closed.

Commr. Cadwell stated that he does not recall, in his fourteen years on the Board, neighbors writing letters in support of situations like this. He expressed a comfort level with Mr. Hartenstein’s handling of this case.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board upheld the recommendation of the Lake County Zoning Board, and approved Ordinance 2006-66, Rezoning Case CUP#06/6/1-5; D. Ann Thompson, Owner/Applicant; Tracking No. 72-06-CUP; a request for a CUP (Conditional Use Permit) in A (Agriculture) to permit an animal rescue facility; with the following conditions:

 

OTHER BUSINESS

DELEGATE - NATIONAL ASSOCIATION OF COUNTIES

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board selected Commissioner Welton Cadwell as the voting delegate to represent the Board of County Commissioners in NACo’s (National Association of Counties) annual election of officers at their 71st Annual Conference, August 4-8, 2006, in Cook County, Illinois; there will not be an alternate.

CLARIFICATION OF APPOINTMENTS - CHILDREN’S SERVICES COUNCIL

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board clarified and approved that Ms. Julie Yandell will be reappointed as District 1 member and reappointed Ms. Lorrie Simmons as the At-Large member to the Lake County Children’s Services Council, both to serve unexpired terms ending May 14, 2007.

APPOINTMENT - LAKE-SUMTER MPO TECHNICAL ADVISORY COMMITTEE

On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board appointed Mr. R. Wayne Bennett, AICP, Planning Director, Department of Growth Management, to serve as the Lake County Department of Growth Management’s representative on the Lake-Sumter MPO (Metropolitan Planning Organization) Technical Advisory Committee to serve for an indefinite term.

RESCIND APPOINTMENT - PARKS AND RECREATION ADVISORY BOARD

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board rescinded Ms. Nancy Hurlbert’s June 6, 2006, appointment to the Parks and Recreation Advisory Board to fill a vacant Commission District 4 seat.

Ms. Hurlbert resides in Commission District 5 and is not eligible to fill the District 4 seat.

RESCIND APPOINTMENT - WELLFLORIDA COUNCIL BOARD OF DIRECTORS

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board rescinded Dr. Mary Anderson’s June 6, 2006, appointment to the WellFlorida Council Board of Directors.

Dr. Anderson had not sought that appointment.

APPOINTMENTS - MT. PLYMOUTH-SORRENTO PLANNING ADVISORY COMMITTEE

 

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board clarified that the June 6, 2006, appointment of Mr. Jeff Richardson is to complete an unexpired term ending October 11, 2006, and to serve a consecutive four-year term; and clarified that the June 6, 2006, appointment of Clark Morris is to complete an unexpired term ending October 11, 2008, on the Mt. Plymouth-Sorrento Planning Advisory Committee.

REPORTS - COUNTY ATTORNEY

REQUEST FOR CLOSED SESSION

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request of the County Attorney for a closed session on July 11, 2006, to discuss ongoing litigation cases; the Board, the County Manager, the County Attorney and the Deputy County Attorney will be present.

REPORTS - COMMISSIONER POOL - DISTRICT #2

MR. OAKLEY SEAVER

Commr. Pool informed the Board and the audience that Mr. Oakley Seaver passed away Saturday due to an accident. The viewing is today and the funeral is tomorrow. Commr. Pool remarked that Mr. Seaver was a true asset to the community and that his mother was part of the Hooks family that settled in the area. He stated that Mr. Seaver cared deeply about the Clermont community and that he will be greatly missed.

NAMING OF THE LIBRARY AT CITRUS RIDGE

Commr. Pool led the Board’s discussion on changing the name of the Citrus Ridge County Library to incorporate the name Cagan Crossings. The Cagans agreed to make a charitable contribution to Lake County in an amount up to $302,000.00 for the redesign and associated construction costs of the Citrus Ridge library project. The Board discussed the list of eight suggested names.

  1. The Library at Cagan Crossings
  2. Cagan Crossings Library
  3. Cagan Crossings Community Library
  4. Cagan Crossings Branch Library
  5. Cagan Crossings County Library
  6. Lake County’s Cagan Crossings Library
  7. Cagan Crossings Citrus Ridge Library
  8. Citrus Ridge Library at Cagan Crossings

 

A motion was made by Commr. Pool and seconded by Commr. Stivender, for approval of suggestion No. 3, Cagan Crossings Community Library; incorporating the Lake County logo.

Under discussion, Commr. Cadwell stated that the Board knows his opinion about the Cagan name being on the library. He noted that he will support the motion.

Commr. Hanson called for a vote on the motion which carried unanimously, by a vote of 5-0.

REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

RESOLUTION - LASHER FEEDS

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved Resolution 2006-107 for Lasher Feeds, which has served Lake County for 43 years.

Commr. Stivender stated that presentation of the resolution to the Lasher family may be made on July 11, 2006. She stated that the Lasher family has been very instrumental in what is going on in Okahumpka in making sure the agricultural part of Lake County is still here.

RETIREMENT - WALT ZIENER

Commr. Stivender stated that she and Commissioner Cadwell attended a retirement ceremony on June 17, 2006, for Mr. Walt Ziener. Mr. Ziener started the Pasco Volunteer Fire Department in 1973 and his badge was Number 1. Commr. Stivender stated that a ceremony is planned in July.

RECESS & REASSEMBLY

At 10:05 a.m., Commr. Hanson announced that the Board will recess until 5:05 p.m. at which time a public hearing is scheduled for a proposed ordinance.

PUBLIC HEARING

ORDINANCE - LOT SIZE AND FRONTAGE QUIREMENTS

At 5:05 p.m., Commr. Hanson reconvened the meeting for the second public hearing on a proposed ordinance amending the Lake County Land Development Regulations, Section 15.02.01, relating to Lot Size and Frontage Requirements.

In addition to Commr. Hanson, Commissioners Cadwell and Hill were present.

Mr. Sandy Minkoff, County Attorney, placed the following proposed ordinance, amending Section 15.02.01, Lake County Land Development Regulations, on the floor for its second and final reading, by title only. He noted that, if adopted, it will be Ordinance 2006-53.

AN ORDINANCE OF THE BOARD OF THE COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 15.02.01, TABLE 15.02.01A LOT SIZE AND FRONTAGE REQUIREMENTS TO STATE 21,780 SQUARE FEET INSTEAD OF 21,780 ACRES IN ZONING DISTRICT R-2; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commr. Hanson opened the public hearing. There being no public comment, the public hearing was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved Ordinance No. 2006-53, an ordinance amending Section 15.02.01, Land Development Regulations, relating to Lot Size and Frontage Requirements, as read by title only on its final reading.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:07 p.m.

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CATHERINE C. HANSON, CHAIRMAN

ATTEST:

 

 

 

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JAMES C. WATKINS, CLERK