A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 24, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday October 24, 2006, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; and Robert A. Pool. Commissioner Debbie Stivender was not present, due to illness. Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Ms. Cindy Hall, County Manager, announced that she was pulling Tab 1, under the County Manager’s Consent Agenda, because she was not quite ready to bring it forward, and she wanted to add one item on the Agenda, under her Reports, having to do with recommendations from the Employee Advisory Committee on some holiday festivities.

Mr. Sandy Minkoff, County Attorney, informed the Board that there was a Closed Session scheduled for 10:00 a.m.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Pool stated that, with regard to Tab 3, he wanted to acknowledge that he is happy with the idea of uniformity in the Morning Pride turnout gear county wide, noting that it will make a difference and be a lot safer for our firefighters.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 6, as follows:

Procurement

Request for approval of contract for consultant services in support of Lake County Right of Way (GIS) operations in the amount of $82,000.00.

Request for authorization to standardize Morning Pride turnout gear for use by firefighters within the County’s Department of Public Safety.

Public Works

Request for approval and execution of an easement over a County owned railroad right-of-way, to provide access to the Holmes Property in Section 31, Township 19, Range 25 – Commission District 1.

Request for approval to execute Change Order No. 5 to the No. 1346 Hooks Street Phase II and No. 1350 Citrus Tower Boulevard Construction Project No. 2004-13 in the amount of $3,360.00 for additional work relating to the project.

Request for approval and signature on Resolution No. 2006-204, supporting the posting of speed limit signs and removing the “Truck Speed Limit 20” signs on the following roads in the Shirley Shores area:

Deer Island Road (3464) David Court (3460)

East Shirley Shores Road (3561) Beauclaire Court (3363)

Beauclaire Drive (3463)

PUBLIC HEARING

VACATION PETITION NO. 1095 – JOSEPH L. TERRITO AND JAMES J.

COSTELLO, JR. – CLERMONT

Mr. Jim Stivender, Jr., Public Works Director, presented this request, stating that he recommends approval of the applicant’s request to vacate a right of way in the Plat of Monte Vista Park Farms, located in Section 6, Township 23 South, Range 26 East, in the Clermont area, showing the area in question on an aerial map.

The Chairman opened the public hearing.

The applicant, Mr. Joseph Territo, addressed the Board stating that he would like to correct the way that his name is listed, noting that it should be Joseph L. Territo, rather than Joseph K. Territo.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved Resolution No. 2006-205 - Vacation Petition No. 1095, by Joseph L. Territo and James J. Costello, Jr., to vacate right of way, in the Plat of Monte Vista Park Farms, located in Section 6, Township 23 S, Range 26 E, in the Clermont area – Commission District 2, as corrected.

REZONINGS

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Growth Management Department, addressed the Board, explaining that there were some changes to the Rezoning Agenda. He informed the Board that the applicants for Item No. 1, under the Rezoning Consent Agenda, Rezoning Case No. PH89-06-5, Louis Meucci, Trustees, et al, Greg Beliveau AICP, LPG Urban and Regional Planners, Tracking No. 117-06- PUD, had requested a 30-day continuance. The applicants had some concerns pertaining to their property and wanted to regroup before going ahead with the rezoning.

The Chairman opened the public hearing.

No one was present in opposition to the request for a 30 day continuance.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a continuance for Rezoning Case No. PH89-06-5, Louis Meucci, Trustees, et al, Greg Beliveau AICP, LPG Urban and Regional Planners, Tracking No. 117-06- PUD, for 30 days.

Mr. Wayne Bennett, Planning Director, Planning and Development Services, Growth Management Department, addressed the Board, stating that staff was requesting a continuation for 30 days for Item No. 4, on the Regular Rezoning Agenda, Rezoning Case No. PH80-06-3, Florida-Georgia Lutheran Church, Michael Mahler, Vice President, Tracking No. 93-06-PUD, because they are in the process of revising the traffic study that the applicant submitted.

The Chairman opened the public hearing.

Ms. Linda Wentworth, a resident of the area in question, addressed the Board stating that she did not have a problem with the continuation.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved a 30 day continuation for Rezoning Case No. PH80-06-3, Florida-Georgia Lutheran Church, Michael Mahler, Vice President, Tracking No. 93-06-PUD.

REZONING CONSENT AGENDA

The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Rezoning Consent Agenda, which contained a case that was recommended for approval and which was not controversial, as follows:

Ordinance No. 2006-108

Brockie Holdings LLC and V-Bro Development

Leslie Campione, P.A.

Rezoning Case No. PH88-06-3

Tracking No. 114-06-MP

HM (Heavy Industrial) to MP (Planned Industrial), for an industrial park, with storage,

warehousing, light manufacturing, retail and associated uses, as presented.

REZONING CASE NO. CUP06/10/1-3 – JAMES AND TONI RICHARDSON, LAZY

ACRE TREE FARM - TRACKING NO. 113-06-CUP

Ms. Denna Levan, Associate Planner, Planning and Development Services, Growth Management Department, addressed the Board and presented this case. She explained that the applicant is requesting a Conditional Use Permit for a truck yard in the Agriculture Zoning District in association with a tree farm at a 7.7 acre site located southeast of Mascotte off CR 565 and Bonnet Slew Road. She read the Staff Summary into the record, including a staff recommendation of denial of this request.

The Chairman opened the public hearing.

The applicant, Mr. James Richardson, addressed the Board, stating that at the Senior Planner’s Office, after his application was scrutinized for several hours, he was told it was appropriately done. He also stated that he has a licensed tree farm and is recognized by the U.S. Government and a John Deere manufacturer. He also stated that none of his neighbors complained. He put up pictures of his vehicles and property on the overhead. On the pictures, he showed an office trailer on the far back of the property. In the front of the property, where the fence was put up, the truck lots were behind the fence. He stated that since he did not have a permit for the fence, he was told by Code Enforcement that if he brought in receipts showing the fence was less than six feet high, it would be fine, so he took them in to them. He showed some trees scattered throughout his property that were growing, including oaks, maple trees, and ferns. He stated that he potted 850 maple trees and after losing some that were growing in the shade house on his property, he has 700 left of those and a total of 1194 trees and 251 bushes. He stated that one of the trucks belongs to a company that he works for that he brings home at night. He has permission from the resident across the street to park it on his site in exchange to mow land, and sometimes he does that. He stated that he does have a couple of antique vehicles and was told by code enforcement to bag them, so he complied and did that. He also claimed that the vehicles that are still outside cannot be seen. He claimed the problems started when he had to find another egress and aggress to his property and found it was blocked off by the property owner’s son and forced him to open that road.

Commr. Hanson stated that the issue was whether the tree farm was a bona fide business and whether he had an agricultural classification through the Property Appraiser’s office. Mr. Richardson was confused about what that meant, and Commr. Hanson suggested that he check with the Property Appraiser’s office, which will require his receipts, sales, and expenses to determine whether it is actually agriculture.

Commr. Cadwell stated that that issue may just be a sidebar, because even though the tree farm may be a viable agricultural business, the issue today is whether it would require a truck yard, and whether a truck yard was compatible with this neighborhood.

Mr. Richardson stated that he had a flat bed truck to move the trees on the property.

When questioned by Mr. Cadwell regarding whether the dump truck shown in the pictures on his property is used in running the tree farm operation, Mr. Richardson stated he transports from C & C Peat to other growers the potting soil in the dump truck wholesale. He uses his red truck to haul lime rock, including 900 tons to rebuild and maintain Bonnet Slew and Lazy Acre Road.

Commr. Hanson asked Mr. Richardson what other large pieces of equipment he had besides the John Deere tractor, mower, flat bed trailer, and the dump truck. He replied that his flat bed is a farm truck with a water tank on the back and the front, and that he does not go on the road with it. He went on to say that he has his work truck that he mentioned earlier that he brings home at night that is sometimes parked across the street, but that Code Enforcement wants him to park the dump truck across the street.

Commr. Hanson told Mr. Richardson that since he has over 5 acres, that he should be able to park the dump truck. Mr. Richardson stated that he was told that when he first bought the property, but then later was told that it couldn’t be more than 12,000 pounds, which he believed to be too small for a farming operation, but he has tried to comply.

Commr. Cadwell commented that since he has only 7.7 acres of land, he wouldn’t need that amount of trucks and a truck yard, even for a viable agricultural operation.

Mr. Richardson stated that the trucks might not be the problem, but two storage containers that he uses as a pole barn, which were a lot cheaper and were water tight, and he uses them for banners and equipment for fund raisers for a non-profit business for orphans of the armed forces and South Lake High School music department.

Commr. Pool asked staff if he is not granted the truck yard permit, if the containers would have to be removed from Mr. Richardson’s property.

Commr. Cadwell reminded the Board that they need to concentrate on whether a truck yard is compatible with Mr. Richardson’s operation, and that the Board cannot solve his code problems for him today.

Commr. Hanson commented that she thinks the truck yard is overkill for what he wants to do, assuming that he has a legitimate tree farm. There is a certain amount of equipment that would be appropriate, but the dump truck is used offsite for a separate business income, which would be appropriate because semi-trucks are allowed to be parked on 5-acre tracts in agricultural zoning. The containers would be a code-enforcement issue, but she thinks what he is trying to do here is overkill to a certain extent.

Mr. Richardson stated that he was told to submit this, and he did. He questioned the change in the application that was done in the Growth Management office, which he assumed at the time was correct, and that they were supposed to be helping him with the process. However, he admitted that the information on the application was all correct.

Commr. Pool questioned whether the truck problem would go away if he parks one of his trucks across the street, as mentioned before, but that the code problems with the storage bins and the double wide mobile home used as an office might be a different issue.

The County Attorney clarified that Mr. Richardson could only park a truck there if there was a house there, because it is an accessory use.

Mr. Richardson stated that he and his wife are trying to comply. He did what he thought was correct because that was what he was told.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Mr. Hartenstein readdressed the Board to clarify some issues. He stated that Mr. Richardson was told that he had an option to submit an application to request the CUP for a truck yard. After the review determining that it would not fit was done, a message was left with Mr. Richardson suggesting that he withdraw the application, but he did not want to do that, even knowing staff would recommend denial, because it did not meet the requirements of the land development regulations. The clearing up of code situations should not be part of this hearing; which is causing a lot of confusion. There are three trucks physically on the property, which are the flatbed and two dump trucks, which are not associated with a tree farm or the transporting of produce or citrus, which are the only things that permit a truck farm in agriculture. Basically, if he parks one of them there, it is not an issue.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board upheld the recommendation of the Zoning Board and denied Rezoning Case No. CUP06/10/1-3, James and Toni Richardson, Lazy Acre Tree Farm, Tracking No. 113-06-CUP.

REZONING CASE NO. PH85-06-4 – TBM PREMIUM FINANCE INC., LAKE

COUNTY BOARD OF COUNTY COMMISSIONERS - TRACKING NO. 115-06-CFD

Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, Growth Management Department, addressed the Board and presented this case, a request to rezone the property for use as a county park and recreational facility. The parcel is 49 acres and is under contract for acquisition, and is located east and north of the intersection of Wolf Branch Road and CR 437. The staff recommends approval with conditions of the request to rezone from Agricultural to Community Facility District for a county park and recreational facility, subject to provisions contained in the Ordinance. Lake County Public Works had no comment at this time, and there are no apparent environmental restraints that would prohibit this rezoning. There were some suggested changes by the Zoning Board since the original analysis was done, which was to include a caretaker’s residence; an increased buffer of Type C or greater, to be determined, in those areas immediately adjacent to the existing occupied residential properties; and that Exhibit 1 (Master Conceptual Plan), as referenced in the ordinance, be taken out, as far as setting it by design, but to be referenced as the uses only. He stated that they have been incorporated into the ordinance, should the Board choose to approve it.

Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that they have already rearranged everything in the conceptual plan again based on some of the public meetings they have had. They are still planning on having more public hearings on this issue, and that public input would be incorporated into the design.

Mr. Sandy Minkoff, County Attorney, stated that staff did commit to add a requirement in the Ordinance that prior to the site plan going to the development, we still have to hold one public hearing with the adjacent property owners being notified, so they can attend and look at the site plan and comment on it.

Mr. Hartenstein told the Board that most residents so far are satisfied with the project, with the exception of one resident, who they are working with to incorporate the factors regarding her concerns into the site.

Ms. Debbie Vickery, who has been living adjacent to the parcel for about 18 years, addressed the Board, showing on a map where her property is located. She stated that her house is about 300 feet from the site. She was attracted to that location because of the peace and quiet. She also has a barn and a pasture with horses, including mustangs that she adopts out that have been abused, for the Bureau For Land Management. She is concerned for the safety of her horses and for children who would come over her fences. She was initially totally opposed to this park, but after thinking about it, she would rather have this project than low-rent town houses. She has been speaking with Mr. Bobby Bonilla, Director, Parks and Trails Division, who promises to work with residents regarding the peace and quiet. She asks that the back part of the property be a quieter area with things such as fountains, shuffleboard, and things for the elderly. She is concerned about noise and would like a buffer, and is willing to work with Mr. Bonilla.

Commr. Hanson commented that she believes that she will find that this enhances her property as well as making the area better.

Commr. Pool commented that Ms. Vickery might want to consult with Mr. Bonilla about getting easier access to this park to use the trails and other facilities, and she might find it to be her best neighbor.

Ms. Vickery stated that she hopes that that is the case and that she can keep her peace and privacy.

Mr. Tony Roberts, the owner of a parcel of property in the area in question, addressed the Board to say that he is all for the park and that it enhances their new development that his company has planned. He showed the Board on the map where his property is located, which is across from CR 437, which is going to be a custom home development, and they already have preliminary plat approval. His only concern is the lighting and that he would like a little more of a buffer along CR 437. He also expressed a desire to be involved in the site plan process. He is not worried about the noise because he already has his retention areas along the county road as buffers. He would also like to work with Public Works about doing a pedestrian crossing in the future. He would like to work with the County on improving the intersection and supplying potable water, saving the County money on those issues.

Commr. Cadwell commented that there have been advances in lighting, making the lighting issue less than it used to be. He stated that they will spend the money to make sure the lighting would be done right so that it will not be intrusive.

Mr. Stivender commented that the lighting should not be a problem, and that they have been very aware of the buffer issues with all the parks they put in. They will use existing materials if possible and will use every buffer they can to minimize noise. They will be set back off CR 437 a good distance to begin with to stay out of the utility corridors.

Commr. Hanson suggested to Mr. Stivender that they look at more creative designs for the intersection, such as crosswalks, turn lanes, and things to make it safe to get to the other side of the road, as well as traffic-calming things into the area coming into SR 46.

Mr. Stivender stated that there have been a lot of discussion about pedestrian access and how it is all going to interact with the subdivisions going in and the park access.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Commr. Hanson opined that she was pleased that they were able to find this size of a property and that the sellers were willing to sell at a fairly reasonable price. They were looking for something in the general area that would also not be too inaccessible for the Mount Dora and Eustis area and not be too close to Orange County.

Commr. Pool commended Commr. Hanson for her efforts to find a park in her district, and that those citizens would be appreciative of her hard work in that area.

On a motion by Commr. Pool, seconded by Commr. Hill and approved unanimously, by a vote of 4-0, the Board upheld the recommendation of the Zoning Board and approved Ordinance No. 2006-109, Rezoning Case No. PH85-06-4, TBM Premium Finance Inc., Lake County Board of County Commissioners, Tracking No. 115-06-CFD.

Mr. Minkoff added that that would include the requirement for the additional public hearing and the Planning and Zoning requirements as presented of just listing the uses, not a particular map.

APPOINTMENT OF CITIZEN AT-LARGE REPRESENTATIVE TO

COMPREHENSIVE HEALTH CARE COMMITTEE

Commr. Hill stated that all the other members of this committee are by appointment from other committees, and if the Board wanted to wait, that would be fine. The Board commented that they would be comfortable with the appointment.

On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously, by a vote of 4-0, the Board appointed Ms. Bernadine Douglas to the Comprehensive Health Care Committee as the Citizen At-Large Representative.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

CHRISTMAS TOY CHARITABLE COLLECTION PROGRAMS

Ms. Cindy Hall, County Manager, informed the Board that their policy states that any county-wide campaigns or charitable giving requires recommendation through the Employee Advisory Committee and subsequent approval by the Board of County Commissioners. She stated that last week the Employee Advisory Committee met to discuss toy collections programs for the holiday season, and they would like to recommend to the Board for approval two collection programs. One is called the Giving Toy Box, which is a program which collects both new and used toys, typically during the month of November. The distribution is handled through the First Baptist Church in Umatilla. The second item that they recommend is called Toys For Tots through the Marine Corps, which is for new toys only, and continues both in November and December. They would like to present these both for Board approval for the holiday season.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved both toy collection programs.

Commr. Cadwell commented that he went to the Employee Advisory Committee’s meeting and made a presentation on the Giving Toy Box. He stated that that group was an active, responsive group, and that they look at all types of issues in regard to their employees. He also commented that those people who serve on that should be commended for their service to their other employees, and that they did a great job.

REPORTS - COMMISSIONER POOL - DISTRICT NO. 2

TRAFFIC SIGNAL SYNCHRONIZATION IN CLERMONT

Commr. Pool addressed the Board regarding traffic light synchronization for the intersections of Highway 50 with both Citrus Tower Blvd. and Oakley Seaver Blvd. He stated that he asked Mr. Steve Bollinger, Traffic Operations Assistant Supervisor, to help him with the synchronization of those lights. He explained that it was a Department of Transportation (DOT) issue and that he is not able to tamper with the synchronization of those lights without DOT approval. Commr. Pool requested Board approval to ask for the opportunity to synchronize Citrus Tower Blvd. with Oakley Seaver Blvd., so that traffic that is heading east or west on Highway 50 just east of Clermont coming to a light that turns green, isn’t confronted with a red light at the next intersection, which can be frustrating to drivers. Commr. Pool went on to say that Steve cannot even adjust the timing on those lights because DOT needs approval, but the request for that approval would need to come from the Board. He wanted to know if it would be a Lake/Sumter Metropolitan Planning Organization (MPO) issue or an item for the Board’s agenda.

Mr. Sandy Minkoff, County Attorney, commented that the advantage to going to the MPO is that Mr. David Marsh from DOT would be there to hear the issue.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved to add the synchronization issue to the MPO Agenda for the meeting on October 25, 2006, and that the Board recommend synchronization of the above-mentioned traffic lights to the MPO at that meeting.

REPORTS - COMMISSIONER POOL – DISTRICT NO. 2

CREATION OF JOB GROWTH

Commr. Pool stated that he had read in the Orlando Business Journal last five years 158,000 new jobs were created in the Metro-Orlando area, which includes Lake County, and 55% of those were construction related, which had an average salary of $41,000 a year. He thought that was an interesting statistic.

OTHER BUSINESS

REMOVAL OF MEMBERS FROM AFFORDABLE HOUSING ADVISORY

COMMITTEE

Commr. Cadwell addressed the Board, stating that this committee is having trouble getting a quorum, because some members have scheduling problems and are not able to attend the meetings, so he would like to remove them from that committee. Commr. Cadwell also stated he would like to remove one member, because after some mergers, two of the members representing the banking industry work for the same bank, which is not what the committee wants. The members that will be removed from the Affordable Housing Committee are Mark Neese, Greg King, Robert Spector, and Betty Graham, and letters will go out to inform them of this removal. This will allow the committee to restructure the membership and make sure they have a quorum when they need to meet. Commr. Cadwell will bring back recommendations for their replacements.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the recommended removal of the above-mentioned members.

CLOSED SESSION

Mr. Sandy Minkoff, County Attorney, stated that Florida Statute 286.011 authorizes the County Attorney to advise the Board that they would like to have a Closed Session regarding the litigation, which they did at the last meeting. He went on to state that the subject matter of the meeting will be confined to negotiation and strategy sessions, and that the entire session will be recorded by a court reporter, who will record the time of the beginning and termination of the session, all the discussion and proceedings, as well as the names of all persons who are present and whoever speaks. He commented that no part of the session will be off the record, and the notes will be transcribed and released once the litigation is ended. This meeting was advertised, indicating that in addition to the Board members, the County Manager, Ms. Cindy Hall, and the Deputy County Attorney, Ms. Melanie Marsh, may also be present. He anticipated that the meeting would take 30 minutes to an hour, and at the conclusion they will reopen the Board Meeting and announce the termination of the session.

RECESS AND REASSEMBLY

At 10:49 a.m., the Chairman reconvened the meeting.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:50 a.m.

__________________________________

CATHERINE C. HANSON, CHAIRMAN

ATTEST:

__________________________

JAMES C. WATKINS, CLERK