A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER
19, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday December 19, 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: Welton G. Cadwell, Chairman;
Jennifer Hill, Vice Chairman; Elaine Renick; Debbie Stivender; and Linda
Stewart. 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
Pastor
Brian Hershberger from Trinity Chapel Mennonite Church, gave the Invocation and
led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, stated that on Tab 24, which was the County’s
contract with Lynx, she wanted to make sure that the backup, which included the
line item transfer of $247,656.00, was included when the approval was made, since
the wording of that was not on the Agenda summary. Also, she pulled Item 4, under Tab 3, from
the County Manager’s Consent Agenda, which was approval of a request for
payment of a medical bill for an inmate, because they needed to adjust that
figure and bring that back to the Board.
Mr.
Sandy Minkoff, County Attorney, added a request under his business to have a
Closed Session in January.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a vote of 5-0, the Board moved to put the County Attorney’s request for a
Closed Session on the Agenda.
Commr.
Cadwell requested to add a presentation by Mr. Ron Macfarlane from Trout Lake
Nature Center to the Agenda. He
commented that last year the Board endorsed Trout Lake’s attempts to receive
some money from the legislature and were successful, but Governor Bush vetoed
it. He explained that they will need to start that process over and request
that the Board assist them with a letter of support.
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried
unanimously, by a vote of 5-0, the Board moved to put the presentation by Mr.
Macfarlane from Trout Lake Nature Center on the Agenda.
MINUTES
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously,
by a vote of 5-0, the Board approved the Minutes of November 21, 2006 (Regular
Meeting), as presented.
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried
unanimously, by a vote of 5-0, the Board approved the Minutes of November 28,
2006 (Regular Meeting), as presented.
CLERK
OF COURT’S CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab
2, Items 1 through 6, as follows:
List
of Warrants
Request to
acknowledge receipt of list of 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.
Notice Before the Public Service Commission by Florida
Power & Light Company
Request
to acknowledge receipt of: Before the
Florida Public Service Commission: Notice of Continuation of Hearing to All
Investor-Owned Electric and Gas Utilities and All Other Interested Persons.
Docket
No. 060001-EI – Fuel and Purchased Power Cost Recovery Clause with Generating
Performance Incentive Factor.
Docket
No. 060362-EI – Petition To Recover Natural Gas Storage Project Costs Through
The Fuel Cost Recovery Clause, By Florida Power & Light Company
Docket
No. 041291-EI – Petition For Authority To Recover Prudently Incurred Storm
Restoration Costs Related To 2004 Storm Season That Exceed Storm Reserve Balance,
By Florida Power & Light Company.
Notice
is hereby given that the Florida Public Service Commission announces the
continuation of the fuel clause hearing from November 6-8, 2006 to December 8,
2006, in the above-referenced dockets at the following time and place:
9:30 a.m.
(EST), Friday, December 8, 2006
Betty Easley
Conference Center, Room 148
4075
Esplanade Way
Tallahassee, Florida
AquaSource Utility Request for Name Change
Request to acknowledge receipt of Order Acknowledging
Corporate Reorganization And Approving Name Change in re: Joint application for
acknowledgment of corporate reorganization and request of name change on
Certificate 268-S in Lee County from AquaSource Utility, Inc. dba Aqua
Utilities Florida, Inc.; Docket No. 060643-WS; Order No. PSC-06-0973-FOF-WS;
issued November 22, 2006.
Southwest Florida Water Management District Governing
Board Meeting Agenda
Request
to acknowledge receipt of Meeting Notice – Southwest Florida Water Management
District Governing Board Meeting Agenda for November 30, 2006, to be held at
9:00 a.m., at the Sarasota Service Office Board Room, 6750 Fruitville Road,
Sarasota, FL 34240; and for December 1, 2006, to be held at 9:00 a.m. at the
DeSoto County Commission Chambers, 201 E. Oak Street, Arcadia, FL 34266; and
the Minutes of the Meeting held on September 12, 2006.
Notification
of Public Information Meeting by Florida Department of Transportation
Request to acknowledge receipt of Notification of Public
Information Meeting by the Florida Department of Transportation regarding the
SR 500 widening project, beginning at 5:30 p.m. on Wednesday, December 20,
2006, at the Lady Lake Municipal Complex, Town Council Chambers, 409 Fennell
Boulevard, Lady Lake, Florida.
Aqua Utilities Florida Application For Increased Rates
Request to acknowledge receipt of Application of Aqua
Utilities Florida, Inc. For Increased Rates, Increased or Revised Service
Availability Charges, And For Approval of Allowance For Funds Prudently
Invested Charges.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously,
by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3
through 18, pulling Item 4 under Tab 3, as follows:
Budget
Request for approval of Budget
transfer – Landfill Enterprise Fund, Department of Environmental Services,
Hazardous Waste Division. Transfer
$80,000 from Reserve for Operations to Buildings. Funds are needed to purchase a new modular
building (approximately 1,400 square feet) to replace a 15-year old single wide
trailer. The trailer houses some of the
Household Hazardous Waste staff of the Environmental Services Department. Facilities Management determined that the
trailer is in need of replacement since needed repair work exceeds its value.
Funds available in Reserve for Operations.
Request for approval of Resolution
No. 2006-228 to amend the County Library System Fund in order to receive
unanticipated revenue for Fiscal Year 2006/2007 in the amount of $275,000.00
deposited into Reimbursements and provide appropriations for the disbursement
for Buildings. The County has received
funding from Cagan Crossings, LTD., for the purpose of reimbursing additional
construction costs incurred for the redesign of the Citrus Ridge Library
facility located at the Cagan Crossings development.
Request for approval of Resolution
No. 2006-229 to amend the General Fund in order to receive unanticipated
revenue for Fiscal Year 2006/2007 in the amount of $10,221.00 deposited into
Insurance Proceeds/Loss Furn/Fix/Eq and provide appropriations for the
disbursement for Machinery and Equipment.
The Board of County Commissioners was awarded $10,221 in insurance
proceeds for the vandalism and destruction of a vehicle.
Community Services
Request
for approval of request
from the Lake County Health Department to adjust the approved budget for the
Disease Management Program to include an Indirect Cost line item.
Environmental
Services
Request for authorization for the Board of County Commissioners to sign Amendment 1
amending the amount of the Local Funds for the FY 06/07 Annual Certified
Arthropod Control Budget to reflect the actual approved FY 06/07 Mosquito
Management Program Budget.
Request for approval of the payment of $1,000.00 to Mr. Eugene Didion for partial
reimbursement of the cost to remove two underground storage tanks, located in
the County right-of-way. Also approve
related budget transfer from Reserves in the amount of $1,000.00.
Growth Management
Request for approval and execution of
a Release of Fine for Property owner: Javier and Margarita Castaneda, Jr., Code
Case #2005040124, Commission District 5.
Request for approval and execution of
a Release of Fine for Property owner: Marshall H. Gaard, Trustee, Code Case
#2005070400 – Commission District 5.
Request
for approval to advertise a proposed Ordinance amending Table 3.02.06 which
will correct the scrivener’s error found in Lake County Code, Appendix E, Land
Development Regulations Section 3.02.06 Density, Impervious Surface, Floor Area
and Height Requirements relative to density in the Urban Compact Node land use
designation. It also adds “NET” to
Maximum Density for A-1-20 and A-1-40.
Request
for approval to advertise a proposed Ordinance amending Table 3.10.00 Road
Frontage which will correct the scrivener’s error found in Lake County Code,
Appendix E., Land Development Regulations, Section 3.10.00, Road Frontage,
referencing Section 14.11.01, Minor Lot Splits, and Section 14.11.02, Family
Density Exception.
Procurement
Request
for approval of the award for Phase II and Phase III of the contract for
Digital Topographic Data and Digital Orthophotography to Kucera International,
Inc. in accordance with RFP #06-003 in the amount of $1,522,500.00
Request
for approval and execution of the Second Amendment to Contract 03-041 with
Professional Engineering Consultant’s, Inc. to include the evaluation of the
Trout Lake/Hicks Ditch Drainage Basin and extend the agreement through March
31, 2008.
Public
Works
Request
for authorization to accept the final plat for Trinity Trail and all areas
dedicated to the public as shown on the Trinity Trail plat. Trinity Trail consists of 4 lots and is
located in Section 6, Township 29 South, Range 26 East – Commission District 5.
Request
for approval and execution of a purchase agreement with Suncraft Engineering
and Construction Corporation for right-of-way, and authorization for the
Chairman of the Board of County Commissioners to sign any and all documents
necessary for closing, in conjunction with the C44/Bates Avenue (#5771)
Intersection Project located in the Eustis area – Commission District 4.
Request
for approval and signature of Resolution No. 2006-230 to advertise Public
Hearing for Vacation Petition No. 1093, Palmer Homes – John B. Palmer, Rep.
Charles C. Hiott, P.E. – Farner Barley, to vacate a portion of drainage
easement in the Plat of Grand Island Ridge – Commission District 4.
Request
for approval and signature of Resolution No. 2006-231 to advertise Public Hearing
for Vacation Petition No. 1101, John Palmer and Mehmet F. Baki, Rep. Bruce G.
Duncan, to vacate a portion of Palm Avenue in the Plat of Fairview – Commission
District 3.
Request
for approval and signature of Resolution No. 2006-232 to advertise Public
Hearing for Vacation Petition No. 1102, Carol Cleghorn and Hershel D. Cleghorn,
to vacate utility easement in the Plat of Dora Pines – Commission District 4.
Request
for approval and signature of Resolution No. 2006-233 to advertise Public
Hearing for Vacation Petition No. 1103, Rheta J. Ross and Lowell A. Stokes,
Rep. Jefferson G. Ray III, P.A., to vacate an unnamed road way located in
Section 27, Township 19, Range 26 in the Tavares area – Commission District 3.
COUNTY
ATTORNEY’S CONSENT AGENDA
Mr. Sandy
Minkoff, County Attorney, commented as to Tab 22 that they have received a few
small typographical-type comments from the Tax Collector’s Office that they
will incorporate into the advertised version.
He also wanted to make sure that the Board was aware that in Tab 22,
they were removing the requirement of a zoning clearance before paying the
business tax, since it is no longer a license.
On a
motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously,
by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs
20 through 22, as follows:
Request
for approval of Second Amendment to Lease Agreement for Suite #6 (2,500 square
feet) and Suite #7 (3,000 square feet) for one additional month beginning
December 3, 2006 and ending January 2, 2007.
Request
for approval of Letter of Renewal for lease agreement for the Sheriff’s Office
located at 902 Avenida Central, the Villages.
Request
for approval to advertise an Ordinance amending Chapter 13, Article IV and
Section 13-147, Lake County Code to change the name “occupational license tax”
to “local business tax” and the document received from a “license” to
“receipt”.
PRESENTATION
– TROUT LAKE NATURE CENTER PROJECT
Mr. Ronald
Macfarlane, Treasurer, Trout Lake Nature Center, and Chairman of the
Development Committee, addressed the Board, to update them on Trout Lake’s
project and to thank the Board, on behalf of the Board of Directors and
membership of Trout Lake, for their continued financial support of $60,000 to
their building campaign and providing financial assistance for their Naturalist
position. He stated that when they
started their building project in early 2004, they underestimated the cost of
their project. In trying to raise funds,
they applied for funding of $150,000 from the State of Florida, and made it
through their budget process, but unfortunately, it was on a list of things
that Governor Jeb Bush line-item vetoed.
They then hired a fund raising consultant experienced in raising funds
for museums and zoos, who suggested that they revisit their building plan,
keeping the long-term future in mind when designing the new center. Mr. Macfarlane opined that they now have a
much better and functional design, with an enlarged museum space, a redesigned
entrance to the Nature Center, and additions of trails, another boardwalk area,
and a raised bird-watching tower. Mr.
Macfarlane commented that the price for the new design would be about $900,000
rather than the original $500,000, but that they already had $300,000 in the
form of cash, commitments, and in-kind donations. He commented that they will seek funding from
the State again and are hoping to be successful with a new administration. Mr. Macfarlane also stated that the Nature
Center was excited to be adding a mounted Florida Panther, who had passed away
at Uncle Donald’s Farm, to their collection of mounted specimens.
On a
motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously,
by a vote of 5-0, the Board approved the request for a letter of support to the
Florida legislative delegation in support of Trout Lake Nature Center’s funding
request.
PRESENTATION
– UPDATE ON MINNEOLA AREA TRANSPORTATION ISSUES
Mr. Fred
Schneider, Director of Engineering, addressed the Board to give a presentation
regarding an update on the Minneola Ridge area transportation issues. He stated that in May 2005, under the
direction of the Board, Public Works completed a traffic study of this area,
which was bordered by State Road 50, US Highway 27, County Road 561, and County
Road 455, and which included Montverde, Clermont, and Minneola. He commented that new development in that
area necessitated the traffic study, including the area of the school site at
Sullivan Road. The traffic study looked
at existing and proposed developments in the area planned out 20 years into the
future. He commented that most of the
roadways studied currently are two lane roads, under-designed for high volumes
of traffic, or are clay roads. He stated
that they looked at safety issues, intersection issues, access requirements,
the turnpike, anticipated growth, urban and rural roads, and short term needs. As a result of that study, the City of
Minneola was in the process of commissioning a PD&E study of North Hancock
Road, Turkey Farm Corridor, and North Grassy Lake Road Corridor. He commented that Sugarloaf had started some
construction and platting of their first phase and are waiting to plat their
second unit of Phase I, and that Phase II would occur after they have built
about 680 homes. Mr. Schneider showed on
a map the currently existing roads, such as the Turnpike, County Road 561A, and
Sugarloaf Mountain Road, and where they are in relation to specific areas. He also showed proposed future roadways that
the Hills of Minneola submitted to the East Central Florida Regional Planning
Council, including the Turnpike interchange and a connection between North
Grassy Lake Road and Sullivan Road to the South, as well as a connection to
Sugarloaf. He commented that the latest
master plan that they received from the Sugarloaf Development of Regional
Impact (DRI) shows a significant difference from the master plan that was
approved in 1994. He also stated that
the developer needed to submit a Planned Unit Development (PUD) Amendment and a
Development Order change, and that they are working with the Department of
Growth Management to set up the time frames for that. His department has relayed their concerns
regarding traffic to the developer, who is working on a Corridor Management Plan
concerning County Road 455, including the scenic designation and speed
concerns. He commented that the two
developers of the Hills of Minneola DRI and Sugarloaf DRI need to work together
to coordinate and form a common plan, present the information at public
meetings, and include the County, City, and public in those plans.
Commr.
Stivender commented that the reason the Board postponed the Sugarloaf Mountain
issue at the last meeting was so the staff could have a meeting with the
developer and residents about a map that residents were presented by the sales
office which was incorrect, and inquired whether that had been completely
addressed.
Mr.
Schneider responded that the staff met with the developer, and some of the
discussions were about the need to bring forward a Master Plan and have some public
meetings as part of their Development Order process. He also stated that he received an e-mail or
letter from Mr. Scott Bullock, who represents the developer, which stated that
he had met with some of the property owners.
Commr.
Stivender responded that they would need to speak with Mr. Bullock to find out
how that meeting went.
Mr. Wayne
Bennett, Planning Director, addressed the Board, and stated that he thought
that the only thing missing from directions they had received from the Board was
some update on the PUD and the Development Order Amendments that may be making
their way through the process. He stated
that they had received a PUD Amendment that they are in the process of
reviewing, but that it had not been scheduled for any kind of meeting or
hearing yet, because there are still some unresolved items of work to be done
by both the developer and the staff. One
issue is that the existing PUD required the County to develop a bicycle plan
for the roads that abut and traverse the site, which he did not think would be
heard until sometime in January.
Commr.
Stivender inquired if Plat 2B would fit into the other plans that his staff is
working on.
Mr.
Bennett responded that it is staff’s opinion that the existing 2B Plat conformed
with the PUD for that site, and that the major changes that would be
forthcoming in the PUD relate to properties that are primarily North of County
Road 455. He stated that the key
question that had come up concerned the finger of the road coming up north from
the Hills of Minneola, which was originally part of the discussions of what
roadways would serve this project. It
had been part of the discussion with the neighbors, the applicant, and the MPO,
but he could not say whether it was a staff preferred or an MPO preferred
alternative, since it would be prejudging what may come forward in the PUD
process. He stated that that particular
alternative is not precluded by this particular Plat.
Commr.
Cadwell inquired whether Plat 2B would preclude them in any way from any action
when the developer comes back with the PUD, or whether the PUD is a separate
issue.
Mr.
Bennett responded that he did not believe that it would. He stated that he thought there would be some
access issues for the whole project that probably would be a focus for the
decision makers.
Commr.
Renick commented that she did not think that they have specifically answered
the concerns of the Sugarloaf residents that spoke at the last meeting in
regard to the roadways that were on the map they were given by the developer.
Mr.
Bennett stated that he believed that issue would get addressed as part of the
PUD. There are significant concerns
about the access from the project to surrounding roadways, and that is
something that needs to be identified and addressed as part of the PUD and
Development Order process coming to the Board.
Commr.
Renick inquired whether Mr. Schneider was referring to Sugarloaf or the roads
in general when he stated that the Master Plan was not approved.
Mr.
Schneider responded that the Plan that was shown on the screen was the recent
submittals that still need a final approval, which included transportation.
Commr.
Renick commented that it is her understanding of Chapter 14 of the Land
Development Regulations that the developers would need to have that in order to
get Plat approval.
Mr. Sandy
Minkoff, County Attorney, stated that there was not a requirement in the
current PUD or the Development Order for them to have an overall Master Plan
approval, and the proposed Plat is consistent with Chapter 14. He also commented that he believed they were
coming back for an overall Master Plan to try to get all the Preliminary Plats
and Transportation approved at once, but if they did not do that, they could do
it a piece at a time.
Mr.
Schneider stated that they had a Master Plan in their original GRI signed in
1994, but they are making some updates to it.
Commr.
Renick wanted to know why the Plat approval could not wait until the discussion
of the whole Sugarloaf PUD.
Mr.
Bennett responded that there is a Master Plan called Map H, which is part of
the original Development Order for the DRI.
There was not a Master Plan per se attached to the PUD, and the County
in the past had a practice of separating the two. The staff had taken the position in recent
times that the two need to be together, as one graphically portrays what the
narrative of the other says. Mr. Bennett
opined that he did not think there was anything in the regulations stating that
the Plat needs to wait until the PUD is done, and that it would be a
discretionary decision on the part of the Board.
Mr.
Minkoff stated that Chapter 14 provides that when someone submits a Plat that
meets all the requirements of the Code, that the Board should approve it. In order to not approve it, the Board would
have to find that it does not meet some provision of the Code or the underlying
Development Order. It is possible that a
delay would be necessary for a further review to make sure it met the Code, but
if it did, in fact, meet all the requirements of the Code and the underlying
Development Order, then there would be no reason to deny approval of the Plat.
Ms.
Cecilia Bonifay, with Ackerman, Senterfitt, addressed the Board on behalf of
the developer of the Sugarloaf project. She
commented that the only issue on the agenda was supposed to be the discussion
of the Plat and the Bond that went along with it. She showed on the overhead map where the 1B
and the 2B Plats were located. She
stated this was an existing DRI that had been on the books since the early
1990’s, and that it had a Development Order in place as well as a PUD, which
was done prior to the Development Order and was later amended to be in
conformance with it. She stated that her
client is the Landmar Group, who is in a joint venture with the Curtis family
out of Tampa, who are the owners and developers of the project, with the
exception of one small 50-acre parcel.
She commented that the issue that came up at the last meeting was
whether or not there was room for alternative roadway corridors other than
using Sugarloaf Mountain Road. She noted
that the Development Order required improvements of the public roads, and that
they intended to work with the County staff on this issue. She commented that if a Plat met all of the
administrative requirements in the Land Development Code, the approval of the
Plat should be an administrable act. She
opined that the issue that the County and the residents had was that they did
not want to be precluded from having an alternative roadway, and as Mr. Bennett
had also stated, there would be nothing in the 1B or 2B Plat that would come
back and be changed as a result of any future modifications to this
development. She also stated that Mr.
Bullock met with the residents to assure them that nothing they were doing in
the Plat precluded any other future roadway orientation other than using the
current public roads, and they were coordinating with the Hills of Minneola to
look into coming up with alternative access.
Commr.
Cadwell inquired whether Ms. Bonifay was submitting an amendment to the PUD
with a Master Plan included.
Ms.
Bonifay responded that that was correct and explained that the original standards
actually predate the current LDR’s and go back to the 1970’s County Code that
was in existence when this project began.
Their planning staff and the County are working together to come up with
something that is current, has good planning principles, and would meet today’s
requirements. She pointed out that at the
time this was done, County Road 455 was not a scenic highway, and that the
Development Order required that the road be widened to four lanes, and she
opined that the residents might be in favor of that. At this point, they wanted to address
technical issues with the PUD, and that would be coming back as a
quasi-judicial hearing, and she understood that the Board does not want
quasi-judicial matters discussed before the Board prior to those hearings.
Commr.
Cadwell asked if it would cause her hardship to hold off on the 86 units until
the Master Plan is done.
She
responded that it would indeed be an economic hardship, and that they have
already spent millions of dollars for infrastructure, such as the waste water
treatment facility and the water treatment plant for the City of Minneola at
this site, and that the developers need to be able to move forward with this
project. She commented that they have
spent about two years working with their internal planners and the County staff.
Mr. Ralph
Atchley, a resident of Sugarloaf Mountain Road, addressed the Board, stating
that the residents’ concerns were regarding a road shown on a map they had been
given by the developer, showing a road joining the north-south upper leg of
Sugarloaf Mountain Road that comes across the hill and turns to connect with County
Road 561. Prior to this, all the maps
they had seen showed a collector coming up through the middle of the Hills of
Minneola property and joining County Road 455 at a place he showed on the
overhead map. The other issue of concern
was from the Minneola Ridge Traffic Study, showing that there would be 10,000
cars in each direction on Sugarloaf Mountain Road. He also does not understand why the Master
Plan was not the guiding plan for the project. He stated that at the meeting with the
developers, they learned that in the original DRI two connections were approved
to Sugarloaf Mountain Road (showing those on the overhead) and that there was a
requirement to upgrade the roads. He
stated that the developer made a wider corridor to put a two-lane road in if
that is what they work out with the County, and opined that that is what most of
the residents want. However, he was
concerned that the location of some lots planned for Plat 2B might preclude an
alternative road from being built. He also
commented that the residents are anxious to see a real plan for the roads.
Mr. Greg
Homan, a resident of Sugarloaf Mountain Road, addressed the Board, stating that
he was the only one on the Planning and Zoning Commission who lived on
Sugarloaf Mountain Road when the project was first approved. At the time, he did not think it would impact
Sugarloaf Mountain Road much. He
commented that County Road 455 was supposed to be widened to four lanes at that
time. He opined that this Plat does not
meet the underlying Development Order, which is to have four-lane access into
this project before it could proceed, and that it should not be approved until
the four-lane road is in place.
Ms. Odalys
de Acosta, another resident of Sugarloaf Mountain Road, addressed the Board,
and stated that she was new in the area and a realtor. She opined that if the Board approved Plat 2B,
they would be precluding themselves from approving a road through it later
on. She commented that the absorption
rate in Clermont right now was 17.29, meaning that there was a 17-month supply
of housing in Clermont, and that in the last 30 days, only 85 homes were sold,
and in Minneola, it was only 15 homes.
She stated that she did not understand why they wanted to approve 85 new
homes, considering the absorption rates.
She was also concerned that the developers had used all the available
land that could be used to build new roads in the area.
Ms.
Bonifay replied to some of the issues that had been addressed. She stated that the water treatment plant and
several lots were moved to allow for a road corridor, and that no other lots
would have to be moved in the future, and that the Plat had been modified to
reflect that. She also stated that
engineering drawings had been approved, and development was taking place. Also, she stated that there is no condition
in the PUD or the Development Order that requires that County Road 455 be
four-laned. She commented that the
backup shows that staff had reviewed this, along with the PUD, subdivision
regulations, and the original and amended Development Order, and they had found
it in compliance.
Mr. Scott
Bullock with the Landmar Group, addressed the Board, stating that he met with
the residents to hear and understand their concerns. He stated that they had made adjustments from
the 2B Plat that was originally submitted in June of 2005, which had lots going
over to the western property border that abutted the concerned residents’
property, to accommodate a future road alignment if necessary. He stated that they wanted to be a good
neighbor and did not want to box anyone in, nor preclude any future
alignment. He commented that it is
undetermined exactly where the roads will be, but they were willing to work
with the County to help figure that out.
They understand the changes that had been made in the last 10-15 years in
Lake County and were trying to adjust to that.
He opined that the lots that Mr. Atchley was concerned about would not
cause any conflict with any north-south road corridor, and that their company
has done everything they could do to react to what might happen in the future
and what might come out of a transportation study.
Commr.
Stewart commented that she felt very strongly against developments such as this
one being placed in rural areas, where people move to live a rural lifestyle,
the roads cannot accommodate the houses there, and there are no jobs or
services nearby. She opined that this
development should never have been approved, but that there is nothing that can
be done about it now. She inquired whether
the density could be reduced, and opined that the developer should do what they
can to relieve any congestion in the area.
Mr.
Bullock replied that he completely understood Commr. Stewart’s point, but that
the densities were already set in place.
Commr.
Cadwell suggested that the best time to discuss that issue would be when Mr.
Bullock amends his PUD.
Commr.
Stewart inquired whether the Plat they voted on would be the final Plat, and
would not be changed.
Commr.
Cadwell stated that if it were changed, it would have to be changed by the Board. He asked staff if they were secure that there
was enough right of way left outside of that Plat to handle any type of
roadway.
Mr. Jim
Stivender, Public Works Director, stated that the lots that were originally
along the whole western boundary were gone, which left a right-of-way corridor
that could be utilized in the future that would be large enough to accommodate
what was needed in that area.
Mr. Wayne
Bennett, Planning Director, stated that he would like the concerned citizens
that were present to know that if they wanted to be notified about when this
item would come to the Zoning Board and the Board, that they give Ms. Mary
Harris their name and mailing address and the County will put them on a mailing
list to be notified. Also, he stated
that when this application is complete and has cleared the Development Review
Staff (DRS) review, the County would be happy to hold an informational meeting
with the neighboring residents so that they could review the application before it actually gets into the public
hearing review.
Commr.
Stewart wanted to state that she was aware that this was purely a procedural
vote and that there was nothing the Board could legally do to not approve this,
but after spending 30 years fighting development such as this, although she had
to vote in favor of it, she did want the record to reflect that she objected to
this development.
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved Plat 2B, with all the discussion attached to
it, since the developers have met all their requirements for the Plat and will
submit an Amendment to the PUD and work with staff and the Transportation
Department.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
ORANGE
COUNTY HOUSING FINANCE AUTHORITY’S ISSUANCE OF BONDS
Mr.
Fletcher Smith, Community Services Director, addressed the Board, stating that
the Orange County Housing Finance Authority was created in 1978 by the Orange
County Commission to address housing shortages in Orange County and surrounding
counties, and has the ability to issue bonds.
He requested approval of Resolutions for six different developments,
which is required in order to have the bonds for those issued. He commented that a minimum of 20 percent of
those housing rental units had to be set aside for affordable housing, and that
in most cases, the developers had far exceeded that minimum requirement.
On a
motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the issuance by the Orange County Housing
Finance Authority of Multi-Family Housing Revenue Bonds for the proposed
developments of Rolling Acres Phase I (Resolution No. 2006-238), Rolling Acres
Phase II (Resolution No. 2006-239), Spring Lake Cove Phase I (Resolution No.
2006-240), Spring Lake Cove Phase II (Resolution No. 2006-241), Laurel Oaks
Phase I (Resolution No. 2006-242), and Laurel Oaks Phase II (Resolution No. 2006-243).
AGREEMENT
WITH LYNX TO PROVIDE SERVICE TO SOUTH LAKE
Mr.
Fletcher Smith, Community Services Director, explained that he is asking
approval for an agreement that he had worked out with Lynx to provide fixed route
transportation services for Clermont and US 192. He commented that the physical impact would
be $247,656.00.
On a
motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the request of the agreement between Lake
County and Lynx to provide transportation express services in Clermont and the
Four Corners area of South Lake County and for a related budget transfer in the
amount of $247,656.00.
CONTRACT
WITH RURAL WOMEN’S HEALTH PROJECT
Mr.
Barnett Schwartzman, Procurement Services Director, addressed the Board to
state that he was requesting approval for a routine contract award, which would
have normally been a consent item, but the Board specifically approved the
program supported by this contract, and they wanted to address it in a little
more detail and provide follow up.
Mr. Fletcher
Smith explained that a Request for Proposals (RFP) was done and awarded to the
Rural Women’s Health Project (RWHP) for the Community Health Worker program in
the Hispanic neighborhood populations in South Lake County. He stated that the RWHP will provide training
to the coordinator and the volunteers out in the community as well as provide
the public information tools that will be distributed throughout the County and
specifically in that target area. He
explained that they would also do an assessment of the health issues and needs
in that specific population in South Lake County.
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the recommendation of the Department of
Community Services to award the contract in the amount of $67,608.00 to the
Rural Women’s Health Project for development and implementation of the Community
Health Worker program.
MAINTENANCE
MAP FOR NORTH CHERRY LAKE GROVES ROAD
Mr. Jim
Stivender, Jr., Public Works Director, addressed the Board and stated that they
needed to file a Maintenance Map on a section of a clay County road that is
30-35 feet wide that lies between State Road 19 and Cherry Lake Road. He explained that this is a series of 12 maps
on the prescriptive rights, giving the County ownership and title to it.
On a
motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the Maintenance Map for North Cherry Lake
Groves Road (No. 2024).
PUBLIC
HEARINGS
FIRE/RESCUE
SERVICES MSTU ORDINANCE
Mr. Sandy
Minkoff, County Attorney, stated that this is a public hearing for adoption of
Ordinance No. 2006-115, and placed the proposed Ordinance on the floor for its
final reading, by title only, as follows:
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
ESTABLISHING A MUNICIPAL SERVICES TAXING UNIT TO PROVIDE FIRE PROTECTION FOR A
PORTION OF UNINCORPORATED LAKE COUNTY, FOR THE TOWNS OF ASTATULA AND
HOWEY-IN-THE-HILLS AND A PORTION OF THE TOWN OF LADY LAKE; PROVIDING FOR A
TITLE, “THE LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION
NUMBER TWO” (MSTU); PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS FOR LAKE
COUNTY, FLORIDA SHALL BE THE GOVERNING BODY OF THE MSTU; PROVIDING THAT NO AD
VALOREM TAXES SHALL BE LEVIED WITHIN THE TOWNS OF ASTATULA, HOWEY-IN-THE-HILLS
OR THAT PORTION OF LADY LAKE UNLESS EACH MUNICIPALITY CONSENTS TO SUCH LEVY;
PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS IS AUTHORIZED TO LEVY AD
VALOREM TAXES WITHIN THE MSTU FOR THE PROVISION OF FIRE PROTECTION; PROVIDING
THAT THE BOARD OF COUNTY COMMISSIONERS SHALL HAVE THE AUTHORITY TO BORROW AND
EXPEND MONEY, AND ISSUE BONDS, REVENUE CERTIFICATES AND OTHER OBLIGATIONS OF
INDEBTEDNESS; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS HAS THE
AUTHORITY TO EXERCISE ALL POWERS GRANTED BY GENERAL OR SPECIAL LAW; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr.
Minkoff explained that the legal description for this Ordinance runs about six
pages in length and includes all of Lake County, taking out the eleven
municipalities that are not within the County Fire Protection System and the
Community of Hawthorne, and it eliminates those portions of the Town of Lady
Lake and a small unincorporated Lake County area that is in the Villages CDD
Fire Protection area. He commented that
the legal is slightly different than the legal they have for the Assessments,
because the County does assess in the Villages area.
The
Chairman opened the public hearing.
Mr. F.
Terry Seawell, a resident of Howey-in-the-Hills, addressed the Board and stated
that the Board should look at what the Fire Department is spending now before
they look at funding additional expenditures for that department. He opined that the price of $2.6 million for
a new fire station in Lake Gem is excessive.
He commented that he spent 32 years in the Fire Department and is not
against that agency, but does not think that building legacies by constructing
extravagant fire stations is necessary.
There
being no one else who wished to address the Board, the Chairman closed the
public hearing.
Ms. Cindy
Hall, County Manager, explained that this Ordinance would allow the County to
restructure how they collect revenue to provide for that department, and that
it would not necessarily generate new revenue, but it would give the County the
flexibility of restructuring how the Fire Rescue Municipal Services Taxing Unit
(MSTU) would be funded, if they choose to use it.
Commr.
Renick asked whether this would give the County an option at budget time, but
not decide how the County would use it.
Ms. Hall
responded that the Ordinance would create the MSTU, but it did not obligate the
County to use it, and that the actual use of the MSTU for ad valorem tax
purposes would be decided at budget time.
Mr.
Minkoff stated that he did not think the County could wait until budget time,
because if they chose to use this method, they would have to look at the entire
funding structure again, including the Assessment Studies, but it would give
them the ability to use it next year if they chose to do that. He opined that they could wait until August
to make this decision, and that they would have to start right after the first
of the year with the process.
Commr.
Stivender inquired whether they could schedule a workshop to discuss this for
the benefit of the two new Board members.
Ms. Hall
commented that if the Board was interested in using it for next year, it had to
be passed that day, because the MSTU had to be passed prior to January 1. Their plan would be, during the winter and
spring, to bring forward some options and opportunities for the Board to look
at ways that it could be used to structure the revenue coming into the Fire
Department fund. She stated that the
budget process would be done during the summer.
Commr.
Stewart commented that the issue Mr. Seawell brought up was very important, and
inquired whether the Board could look into the construction of the County’s
fire stations to see if taxpayer money could be saved.
Ms. Hall
stated that she would be glad to give the Board information about construction
of the fire stations that the County was looking at, and that they had not
brought forward a contract on that particular one yet, because they were still
working on that Request for Proposal (RFP).
Commr.
Stewart summarized that this Ordinance would give the County flexibility and
the options of the current flat rate fire fee, or they could use a combination
to ad valorem taxes.
Commr.
Cadwell opined that he did not know if he was convinced that this was a good
option, but he was not opposed to having that option to look at if the County
needed some other way of financing fire service, and that he was less concerned
about the vote at this meeting than whether they decided to utilize it.
Commr.
Hill stated that she previously had thought that this item would be brought
back as a workshop item, not an Ordinance.
She commented that she understood the reason for the Ordinance going
ahead so that the County would have the option to use it if they chose, but she
was concerned that the logistics of this were not well known yet. She also opined that since the workshop on
this was several years ago, there should be another workshop scheduled before
it was enacted. She commented that it is
a complicated issue and deals with the special assessments in 14 cities.
Commr.
Stivender was concerned that the availability of the MSTU option would make it
more likely to subsequently be utilized, and that she would rather have a
workshop first to make sure that everyone understood it.
On a
motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of
3-2, the Board approved Ordinance No. 2006-115, which gives the Board the
option of utilizing an MSTU to fund Fire/Rescue Services.
Commr.
Stivender and Commr. Hill voted “no.”
PUBLIC
HOUSING AGENCY’S ANNUAL PLAN FOR FISCAL YEAR 2006
(Ms. Mary
Mahoney, as a Resident Member of the Public Housing Agency (PHA) Governing
Board, sat with the Board to vote on this item.)
Mr.
Fletcher Smith, Community Services Director, stated that this public hearing
was to receive comments and approve the Public Housing Agency’s Annual Plan for
fiscal year 2006 and authorize the Chairman to sign and certify it for
submission.
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. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 6-0, the Board approved the PHA’s Annual Plan for Fiscal Year 2006.
WAITING
LIST PREFERENCES FOR SECTION 8 RENTAL ASSISTANCE
Mr.
Fletcher Smith, Community Services Director, stated that this public hearing was
to establish preferences on the current and future waiting list for both Lake
County Housing and Leesburg Housing. He explained that the preferences would be
elderly-disabled, elderly, and disabled, and if this was approved and enacted,
those that meet the criteria for those preferences would be placed at the top
of the waiting list. He also explained
that it would impact the current waiting list, and in the future, applicants
would be sorted and selected on the basis of those preferences.
The
Chairman opened the public hearing.
Mr. Bruce H.
Wallman, a resident of Lady Lake, addressed the Board, stating that he had been
on a waiting list for about six years for the Section 8 Rental Assistance
Program. He was concerned how the
revisions would affect his disability status, and mentioned that he was a
veteran. He explained that originally,
his application was lost in Leesburg, and he had to fill out another
application in August of 2002. He
commented that he agreed that the elderly and disabled should be taken care of
first and foremost, but that he felt veterans should be added to that preference
list. He stated that there were four new
apartment houses for affordable housing in Leesburg and that he is 200 on the
list. He was also concerned that there
had been other people that were not on the list that had been getting into
those apartments ahead of him. He had
been hoping that in time the County will find the appropriations and money to
afford to build more affordable housing for everyone who needed it.
Commr.
Cadwell advised Mr. Smith to look into Mr. Wallman’s case.
Mr. Smith
stated that he remembered talking to him several years ago, and he was not sure
what had happened, but that he would look into his case and let the Board know
what his problems had been over the years.
There
being no one else present who wished to address the Board, the Chairman closed
the public hearing.
Commr.
Cadwell commented that this was a great step forward in helping those people
who have the least amount of options.
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 6-0, the Board adopted the additional waiting list preferences for
the elderly-disabled, elderly, and disabled for the Lake County Section 8
Rental Assistance program, and the subsequent revision to the Lake County
Housing Agency Administrative Plan.
VACATION
PETITION NO. 1083 – CHARLES E BAILES, JR. – CLERMONT
Mr. Jim
Stivender, Jr., Public Works Director, presented this request, stating that
this is a resolution to vacate tracts and rights of way in the Plat of Monte
Vista Park Farms, showing on an aerial map the location of this property, in
connection with US Highway 27 and Hartwood Marsh Road. He stated that they were vacating the lots in
the area shown as well as the road rights of way. He also stated that there was a question
about whether the County needed the access for road right of way or future
preservation. He explained that the
County has already acquired a right of way along the section along Hartwood
Marsh, so there was no need for that particular access. He commented that they were recommending
approval to vacate these particular rights of way and platted lots.
The
Chairman opened the public hearing.
There
being no one who wished to address the Board, the Chairman closed the public
hearing.
On a
motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved and executed Resolution No. 2006-234,
Vacation Petition No. 1083, by Charles E Bailes, to vacate tracts and rights of
way, in the Plat of Monte Vista Park Farms, located in Sections 9 and 16,
Township 23 S, Range 26 E, in the Clermont area - Commission District 2.
VACATION
PETITION NO. 1098 – AVERY C. ROBERT – UMATILLA
Mr.
Stivender stated that this was postponed from the last Board meeting and was a
vacation of a utility and drainage easement in the Lake Dalhousie area. He commented that he made sure additional
signs were posted around the site and that residents were contacted, and that
Mr. Steve Richey, the petitioner’s representative, had met with the residents. He recommended approval to vacate.
Commr.
Stewart inquired whether this would add more drainage into the lake.
Mr.
Stivender responded that it should not affect the lake at all.
Mr. Steve
Richey addressed the Board, stating that he met with the Homeowners Association
on December 12, as requested by the Board, to explain the reasons for the
vacation and had the engineer working on the preliminary platting of the
property that is contiguous to that development answer questions and continue
to communicate with the residents. Mr.
Richey explained that this vacation is doing away with the ability to dump
water into the lake that currently had the potential of being drained into it. He opined that vacating that easement would
be a positive thing from an environmental perspective, and that any development
that occurs on it would have to meet all the current St. Johns rules.
Mr. James
Spinney, a resident of Umatilla who lives near the property, stated that he and
his neighbors met with Mr. Richey and the engineer last week, who addressed
their concerns regarding the drainage.
He stated that their other concern about the entrance to any future development
was satisfied, and they were assured that the entrance would not come through
Timberlane Drive.
There
being no one else who wished to address the Board, the Chairman closed the
public hearing.
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved and executed Resolution No. 2006-235,
Vacation Petition No. 1098, by Avery C. Robert, to vacate a portion of an
access, utility and drainage easement, located in Section 21, Township 18 S, Range
27 E, in the Umatilla area – Commission District 5.
VACATION
PETITION NO. 1099 – MAJORIE MORPHET – GROVELAND
Mr.
Stivender stated that he recommended approval of this vacation of the right of
way on Bay Lake Road in Groveland, and showed the Board the location of the
property on the overhead map. He stated that there were tracts that were
ten-acre lots along the property in the old plat of Groveland Farms, and
explained that the property owners came off of Bay Lake Road and that there
were 24 foot wide rights of way. He
explained that the public right of way bisects property that people own on both
sides, but that it serves no public purpose anymore, and this vacation would
eliminate the legal access problem and other title problems.
Commr.
Cadwell commented that it would eliminate any possibility of splitting the lots
due to payment of the right of way once it was gone, keeping the lots ten acre
sections as opposed to two five acre sections.
The
Chairman opened the public hearing.
There
being no one who wished to address the Board, the Chairman closed the public
hearing.
On a
motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved and executed Resolution No. 2006-236,
Vacation Petition 1099, by Majorie Morphet, to vacate the right of way in the
Plat of Groveland, located in Section 9, Township 23 S, Range 24 E, in the
Groveland area – Commission Dist. 2.
VACATION
PETITION NO. 1100 – A. TOM HARB – CLERMONT
Mr.
Stivender stated that this was the one thousandth road vacation since 1976, or
30 years of road vacations. He explained
that this was a request to vacate some rights of way in the Plat of Highland
Lakes in the Clermont area, and showed the Board on the map where the property
was located. He commented that they had
not worked out all the development requirements of Plaza Colina, and that the
developer was asking for a postponement to resolve those issues, until the January
23 meeting.
The
Chairman opened the public hearing.
There
being no one who wished to address the Board, the Chairman closed the public
hearing.
On a
motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by
a vote of 5-0, the Board moved to postpone Vacation Petition No. 1100, in the
Plat of LakeHighlands Company, located in Section 25, Township 22 S, Range 26
E, in the Clermont area, until January 23.
REZONINGS
Mr. Wayne
Bennett, Planning Director, Planning and Development Services, addressed the
Board, listing the items on the Consent Agenda, noting that PH No. 97-06-2,
which was listed on the current Rezoning Agenda as a regular agenda item, was originally
put in as a consent item, but pulled off by the applicant to discuss a matter
of the height limitation in the City of Clermont’s JPA. He commented that the City of Clermont had approved
this development, and he would like to put it back on this meeting’s Rezoning
Consent Agenda.
REZONING
CONSENT AGENDA
The
Chairman opened the public hearing, adding Tab 3, PH No. 97-06-2, to the Consent
Agenda.
No one was
present in opposition to the requests.
There
being no one present who wished to address the Board, the Chairman closed the
public hearing.
On a
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 1 –
Ordinance No. 2006-116
Jack N.
Blakemore, Jr.
Rezoning
Case No. PH 94-06-3
Tracking
No. 125-06-Z
Agriculture
to Rural Residential
Tab 2 –
Ordinance No. 2006-117
Patricia
Mullin
Rezoning
Case No. PH 95-06-1
Tracking No.
128-06-Z
Rural
Residential to Agriculture
Tab 3 –
Ordinance No. 2006-118
Victor H.
Majewski
Rezoning
Case No. PH 97-06-2
Tracking
No. 129-06-CFD
Urban
Residential District to Community Facility District
Tab 4 –
Ordinance No. 2006-119
Timberwood
Properties, Inc.
Steven J.
Richey, P.A.
Rezoning
Case No. PH 96-06-1
Tracking
No. 130-06-Z
Neighborhood
Commercial to Medium Residential District to allow for a single-family
residential use
Tab 5 –
Ordinance No. 2006-120
First
Baptist Church of Astor
Bill
(William) Chandler
Rezoning
Case No. PH 100-06-5
Tracking
No. 127-06-CFD
R-6 and CP
to CFD (Community Facility District) to expand an existing church
REZONING
CASE NO. CUP 06/11/1-2 – MARK R. NEESE – AGROFLIGHT SERVICES – TRACKING NO.
119-06-CUP
Mr. Rick
Hartenstein, Senior Planner, Planning and Development Services, stated that the
applicant was requesting a conditional use permit for a helicopter landing pad
and a hangar for three private helicopters, as an accessory use to a
single-family residence. He explained
that the property was zoned Agriculture and is located in the Green Swamp area
and that the site was approximately a quarter of a mile north of the Polk
County line on the east side of State Road 33, pointing the location out on a
map. He read the rest of the Summary of
Staff Determination located in the back-up materials, including a definition of
“obnoxious use,” as being any use which is detrimental to the existing uses,
residents or occupants of the surrounding area, a use which is not appropriate
at a location or in a zoning district due to its nature, intensity, level of
traffic generation or impact upon surrounding uses. He also stated that the use of three
helicopters would constitute an airport, and that staff recommended denial of
the requested CUP.
He also stated that there
was one letter of opposition in the back-up materials. He explained that staff was able to support a
single helicopter in looking at the definitions, but when it was amended to
three, they had no choice but to consider it an airport and recommend denial.
The Chairman opened the public hearing.
Jim Jimenez, Esquire, representing Mark Neese and
Agroflight Services, addressed the Board, stating that he believed there was a
misconstruction of the definition of the word “airport,” according to the
Florida Statutes and the Land Development Regulations (LDR). He commented that staff had interpreted
Statutory language at the State level and the County level as necessarily
meaning that storage of more than one aircraft constituted an airport. He read a definition of an airport as “any
runway landing area, airpark, seaplane base, or other facility designed, used,
or intended to be used either publicly or privately by any persons for the
landing and taking off of aircraft, including all necessary taxiway aircraft
storage and tie-down areas or accessories.”
He stated that Statutes define an airport as “an area of land or water
used for and intended to be used for landing and take off of aircraft,” with no
mention of quantity of aircraft. He
explained that their request was for a storage facility for up to three
choppers as an accessory to the helipad, but was not for any commercial
operations from the property, and was not intended for increased traffic, but for
increased storage.
Mr. Mark R. Neese, the Applicant, addressed the Board,
showing on a wetlands map that the property was surrounded by wetlands, and
that the property to the south was going to be a sand mine in the future. He pointed out another nearby parcel of land
and stated that it was owned by Mr. Marshall Pardon, who he opined had no
problem with his rezoning request. He
stated that he did not see a problem with his request, and if any part of the
CUP were violated, the Board could revisit it.
Commr. Cadwell asked how far the closest airport was from
there to Groveland.
Mr. Neese responded that the closest airport was at South
Fork Ranch, which was probably four miles away.
Mr. Stephen Fiske, a resident of Bruno Road in Clermont,
addressed the Board to state that he was opposed to the construction of the
residence as well as the helicopter pad, and was concerned about how the
swampland would be filled in during development of that property. He commented that they lived in the Green
Swamp area and bought it for the rural atmosphere. He also stated that he and his neighbors were
not informed of this zoning request. He
added that he was concerned that helicopters would be detrimental to the
wildlife, cattle, and horses and that the drainage of nearby residents would be
affected.
Ms. Belisa Martinez, a neighboring resident, addressed
the Board, pointing on a map where her property was located, and presenting the
Board with a petition signed by the neighboring residents against this
request. She stated that only residents
300 feet from Mr. Neese’s property were notified, but that there were no
residents living within that distance in the area. She also commented that Mr. Marshall Pardon
does not own the nearby property, and that it was owned by a Columbian company
and managed by a company in Miami. She
took the initiative to get the signatures on the petition of the actual
homeowners and landowners in a one-mile radius that were against this request,
and commented that the landing pad should be in Southfork, not in their
area. She also reiterated the concern of
Mr. Fiske regarding the backfilling of the property in the Green Swamp area.
Commr. Cadwell assured Ms. Martinez that staff would look
into that to make sure that nothing had been done illegally in that area.
Mr. Michael Milliken, representing Boyette Land, who had
lots on three sides of the Neese property, addressed the Board, stating that
the sand mine would not be covering the entire area shown by Mr. Neese. He also stated that the properties to the
north and the east were drier than the Neese property and that there was
working drainage. He commented that his
company was planning on building on the surrounding lots in the future, and he
was concerned that he would not be able to build homes next to a helicopter
landing pad. He also pointed out that
there were easements on all four sides and that there will be vehicle traffic
to the north and east.
Mr. Neese addressed the Board to rebut what was stated
about filling in the property. He stated
that he had done no filling activity on his property, but that all the cutting
of trees and filling in of wetlands in that area had been done by Mr. Milliken.
Commr. Cadwell stated that it will be looked into to make
sure it had been done correctly.
There being no one else present who wished to address the
Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Stewart
and carried unanimously, by a vote of 5-0, the Board denied the Rezoning Case
06/11/1-2, Mark R. Neese/ Agroflight Services, Tracking No. 119-06-CUP, after
taking into consideration the size of the lot and the incompatibility with the
other activities in the area.
OTHER BUSINESS
APPOINTMENT TO PUBLIC SAFETY COORDINATING COUNCIL
On a motion by Commr. Stivender, seconded by Commr.
Stewart and carried unanimously, by a vote of 5-0, the Board approved the
appointment of Major David Mass to represent the Chief Correctional Officer
posted on the Public Safety Coordinating Council.
APPOINTMENTS TO AFFORDABLE HOUSING ADVISORY COMMITTEE
There was consensus by the Board to postpone the
appointments and subsequent resolution to the Affordable Housing Advisory
Committee.
APPOINTMENTS TO BOARD OF BUILDING EXAMINERS
On a motion by Commr. Stivender, seconded by Commr. Hill
and carried unanimously, by a vote of 5-0, the Board approved the appointments
of Mr. Robert Woodward, as Architect, and Ms. Jody Newman, as Consumer, and the
reappointment of Mr. William Lawson, as Licensed Contractor, to serve four-year
terms beginning January 15, 2007 on the Board of Building Examiners.
Mr. Sandy Minkoff, County Attorney, stated that there may
be room for another at-large member.
On a motion by Commr. Stivender, seconded by Commr.
Stewart and carried unanimously, by a vote of 5-0, the Board approved the
appointment of Mr. Thomas Quinn, as the At-Large member to the Board of
Building Examiners.
REPORTS – COUNTY ATTORNEY
REQUEST TO HOLD CLOSED SESSION
Mr. Sandy Minkoff, County Attorney, stated that he would
like to schedule a closed session to discuss litigation on January 16, 2007, at
10:00 a.m. He commented that it would be
a fairly light agenda.
On a motion by Commr. Stivender, seconded by Commr.
Stewart and carried unanimously, by a vote of 5-0, the Board approved the
request from the County Attorney to hold a closed session on January 16 at
10:00 a.m.
REPORTS – COUNTY MANAGER
CANCELLATION OF BCC MEETING OF JANUARY 2
Ms. Cindy Hall, County Manager, stated that they had
nothing critical that needed to be presented on January 2, which would be the
next normal Board meeting date, and requested that the Board cancel that
meeting and put the regular Board Agenda on January 9, 2007.
On a motion by Commr. Stivender, seconded by Commr.
Stewart and carried unanimously, by a vote of 5-0, the Board voted to cancel
the Board meeting scheduled for January 2, 2007 and put the Regular Agenda on
January 9.
DUE DILLIGENCE FOR PURCHASE OF ALFRED STREET PROPERTY
Ms. Hall stated that they had been talking to the owner
of the building located at 418 Alfred Street regarding a possible purchase to
alleviate some of their space needs as they move forward with the construction
of new buildings and the Judicial Center, and she requested
consensus from the Board to go forward and do due diligence in looking into
purchasing that property.
Commr. Cadwell stated that in doing that due diligence,
they should look at any additional cost they would have, such as in regards to
handicap accessibility.
Ms. Hall stated that she would be sure to do that.
On a motion by Commr. Stivender, seconded by Commr. Hill
and carried unanimously, by a vote of 5-0, the Board approved the County
Manager’s request to move forward and do due diligence to look at the building
located at 418 Alfred Street and come back to the Board for approval.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
EXPANDING NOTIFICATION OF PUBLIC HEARINGS
Commr. Renick inquired about the possibility of the Board
asking staff to bring back a Code change to expand notification of public
hearings that concern citizens in those areas.
Commr. Stivender expressed concern over the cost of
expanding the present notification radius.
Ms. Cindy Hall, County Manager, stated that they would
bring back all the information if the Board would like them to do that.
Commr. Cadwell commented that in cases such as that of
the helicopter zoning case heard that day, 300 feet from that property would
not apply to anyone, and he suggested that the Code have some type of language
that takes population density into consideration.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
BOUNDLESS PLAYGROUND OPENING
Commr. Stivender thanked everyone who came out to the opening
of Boundless Playground on December 14, 2006, and that it went very well. She also mentioned that it was filmed and
should be shown on Channel 22 at some point.
STUDY OF CLOSING ROAD IN VISTAS
Commr. Stivender stated that the ABC Committee for the
School Board had a meeting December 18, 2006 with the School Board to present
their options for the zoning boundaries, and there was discussion by some of
the parents in the Vistas that they would like the road that comes out on Lake
Louisa Drive to be closed because of safety and traffic issues. She commented that there was no
recommendation of the ABC Committee to the School Board, but the Committee
determined that closing the road would add an additional four minutes to the
bus route. She stated that whatever the
Board wished to do regarding that issue would be agreeable with the School
Board.
Mr. Jim Stivender, Jr., Public Works Director, stated
that that issue would come before the Board on January 16.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
PURCHASE OF NEIGHBORHOOD LAKES PROPERTY
Commr. Stewart thanked the PLAAC Committee for their support
in purchasing the Neighborhood Lakes property, and that that was a critical
piece of land to be purchased.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT
5
GIVING TOY BOX EVENT
Commr. Cadwell thanked the employees and the Board for
their support of the Giving Toy Box, and stated that toys were given away to
380 families with 1100 children on Saturday, December 9. He commented that Ms. Cindy Hall, County
Manager, and Commr. Hill attended the event.
2007 LIAISON/MEMBERSHIP APPOINTMENTS
Commr. Cadwell stated that the 2007 Liaison/Membership
Appointments were distributed that morning, and that he tried to give all the
Board members the appointments that they wanted, but that there was some
conflict every now and then. He inquired
whether any Board member had a question or problem regarding any committee
assignment.
Commr. Renick commented that she was appointed to the
PLAAC Committee and that Commr. Stewart also wanted that appointment. She opined that they both had a very strong
interest in that committee, and inquired whether there was a problem with
another Commissioner attending the PLAAC Committee’s meetings.
Mr. Sandy Minkoff,
County Attorney, responded that any Commissioner can attend any
County-sponsored meeting and participate in the discussions of the issues
raised at that meeting, because the County states in the advertisement of all
of its sponsored meetings that one or more Commissioners may be there and will
participate. If a Commissioner wishes to
attend a meeting that is not County-sponsored, then the County would have to
print a special advertisement.
Commr. Cadwell read off the additional appointments that
were not on the list entered into the public record. He recommended that Commr. Stewart serve on
the Wekiva River Systems Advisory Management Committee, with Mr. Gregg
Welstead, Assistant County Manager, as alternate. He stated that he also appointed Commr.
Stewart to the Wekiva River Basin Commission, which was a Governor’s Appointment,
but the County endorsed it. Commr.
Cadwell stated that he would like to serve on the St. John’s River Alliance and
on the Business Resource Center Advisory Committee.
On a motion by Commr. Stivender, seconded by Commr. Hill
and carried unanimously, by a vote of 5-0, the Board approved the 2007
Liaison/Membership Appointments for 2007, including Resolution 2006-237,
appointing a member to the Tourist Development Council.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:30 a.m.
WELTON CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK