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