A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 23, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, January 23, 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; and Linda Stewart. Commissioner Debbie Stivender was not present. 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

Commr. Welton Cadwell, Chairman, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, stated that under Tab 1, there was an item that was identified as lost on the list of surplus items, but that that item was not lost and still remained on the list. Also, she handed out two memos, one that related to Tab 6, which was a Public Hearing on a Vacation for which staff would be requesting a postponement. The other memo indicated that the issues detailed in the backup for Tab 9 relating to a power line had been resolved.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 3, as follows:

Procurement

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

Public Works

Request for approval and execution of an easement within a County owned railroad right-of-way for the installation of a water line. – Commission District 2.

Request for approval and execution of an Interlocal Agreement with the City of Leesburg for the annexation, transfer of jurisdiction, and maintenance for a portion of a County Maintained roadway known as South Quarters Road (#3109) – Commission District 3.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

REFUND OF SCHOOL IMPACT FEE

Ms. Wendy Wickwire, County Impact Fee Coordinator, explained that this was a request by Ms. Lynn Herrick for a refund of the school impact fee paid on her home in Still Waters Village, in Umatilla, an approved adult-only community. She stated that County Code provided for exemption from the school impact fee for homes in adult-only deed restricted communities if the County Attorney’s office had determined that the community had sufficient restrictions in place to preclude school-aged children from living there. She explained that the Code required that this exemption be applied for prior to the application for a building permit and that the exemption be issued by the County Attorney and presented in lieu of payment. She stated that Still Waters Village was a mobile home community, and the owner initially applied for this exemption in March of 2006. However, the application was incomplete, so by the time the final documents were submitted in November, the County Attorney issued the exemption. She commented that Ms. Herrick attempted to get this situation corrected when she placed her home in the community, but was unsuccessful at that time, so she pulled her permit in September and paid the fee. Ms. Wickwire stated that as this exemption had now been granted, Ms. Herrick was requesting a refund. She opined that similar refunds had been approved in the past.

Commr. Cadwell asked Mr. Sandy Minkoff, County Attorney, if he was satisfied that it was an adult community.

Mr. Minkoff responded that he was, and that there was some difficulty from the owner in complying with the Code, but ultimately they did comply.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved the school impact fee refund to Ms. Lynn Herrick.

INWOOD CONSULTING ENGINEERS CONTRACT FOR TRAILS MASTER PLAN

Mr. Jim Stivender, Jr., Public Works Director, addressed the Board regarding the contract for Inwood Consulting Engineers to assist in the development of a Trails Master Plan in the amount of $274,951.10 and approve the transfer of $150,000.00 from General Fund Reserves. He stated that there was a question concerning the funding for the Trails Master Plan countywide, which was whether to transfer it out of the General Fund Reserves or to use MSTU (Municipal Service Taxing Unit) funds. He commented that since it also included services for the cities, they thought it would be appropriate to use the General Fund dollars rather than the MSTU, which would be for unincorporated areas only.

Commr. Hill stated that she thought it should be out of the MSTU, but that she understood that it would include the cities and that the MSTU was unincorporated dollars. She stated it was set up in the budget for the County to add trails onto the MSTU. She commented that the County had already taken funds out of the general fund for the Arnold Brothers project as well as other projects, and she felt that this is what the people wanted when they approved the increase in the MSTU and included trails into that. She explained that she did not have a problem with the contract with Inwood Consulting Engineers itself.

Commr. Cadwell commented that while there was certainly value to Commr. Hill’s argument, he felt that the General Fund process was the best one to use instead of dipping into the MSTU for this project. He stated that his intention was to use the MSTU funding for the building of actual trails for citizens in unincorporated areas that do not usually get those type of things.

Commr. Hill stated that she believed that the cities would be included in this funding after they had the plan, but that they needed to show them the plan first.

Commr. Cadwell asked Mr. Stivender that if they used General Fund dollars, if it would be included in the plan also.

Mr. Stivender answered that it would possibly be included.

Commr. Hill asked that it not come totally out of the Referendum Funds.

Ms. Cindy Hall, County Manager, responded that this would not come out of the Referendum Funds, since it would not apply to that.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 3-1, the Board approved the contract for Inwood Consulting Engineers to assist in the development of a Trails Master Plan in the amount of $274,951.10 and the transfer of $150,000.00 from General Fund Reserves.

PUBLIC HEARINGS

VACATION PETITION NO. 1093 – PALMER HOMES – GRAND ISLAND

Mr. Jim Stivender, Jr., Public Works Director, presented this request, stating that they were requesting a postponement of this Vacation Petition, showing the area in question on an aerial map. He explained that there was a drainage easement behind the lots. He stated that the Water Authority looked at it, because they were the adjacent property owners, and they were concerned about the rear slopes of the land within the bounds of the red area he showed on the map. He explained that the slopes in the red area were excessive, dropping off into what would remain. He stated that they had requested a postponement for at least 60 days so that they could stabilize that area and identify exactly how they would redesign it.

Commr. Stewart inquired whether this would help to protect Sawgrass Marsh, which was behind it.

Mr. Stivender responded that the Water Authority spoke to them about that, and once they stabilized it, that should prevent erosion into it.

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. Stewart, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board agreed to postpone Vacation Petition No. 1093 of Palmer Homes and John B. Palmer, a vacation of a portion of a drainage easement in the Plat of Grand Island Ridge, located in Section 31, Township 18 S, Range 26 E, in the Grand Island area – Commission District 4, for 60 days.

VACATION PETITION NO. 1101 – JOHN PALMER– M. BAKI - TAVARES

Mr. Stivender presented this request, stating that this was a request from John B. Palmer and Mehmet F. Baki, Rep. Bruce G. Duncan, to vacate a portion of Palm Avenue, in the Plat of Fairview, located in Section 34, Township 19, Range 26, in the Tavares area. He explained that the site was east of the Town of Tavares, south of Lake Shore Drive. He commented that it was a landlocked piece of right of way that was no longer being utilized and had merged in with the lots and did not necessarily have legal access, and that there was no public purpose for it. He recommended approval to vacate.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved Vacation Petition No. 1101 and execution of Resolution No. 2007-7, John B. Palmer & Mehmet F. Baki, Rep. Bruce G. Duncan, to vacate a portion of Palm Avenue, in the Plat of Fairview, located in Section 34, Township 19, Range 26, in the Tavares area – Commission District 3.

VACATION PETITION NO. 1102 – HERSHEL CLEGHORN – MT. DORA

Mr. Stivender stated that this was a request by Carol Cleghorn and Hershel D. Cleghorn, to vacate a utility easement in the Plat of Dora Pines, located in Section 21, Township 19, Range 27, in the Mount Dora area. He explained that it was a small cul-de-sac on the east side of the subdivision with easements on the lots on both sides. He stated that they checked that area and that there was no reason for that particular easement. He recommended approval to vacate.

The Chairman opened the public hearing.

Ms. Carol Cleghorn, the applicant, requested that she get something in writing that day, because she had a large loan due on December 20, waiting for the Petition, so that she could move forward. She stated that she could not get a Certificate of Occupancy until it was done.

Mr. Sandy Minkoff, County Attorney, stated that the Resolution should be already there, and it would just be a matter of getting it signed by his office, the Board, and the Clerk, and that they could make an attempt to get that done that day if this was approved.

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

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved Vacation Petition No. 1102 and the execution of Resolution No. 2007-8, Carol Cleghorn and Hershel D. Cleghorn, to vacate the utility easement in the Plat of Dora Pines, located in Section 21, Township 19, Range 27, in the Mount Dora area – Commission District 4.

VACATION PETITION NO. 1103 – RHETA J. ROSS – TAVARES

Mr. Stivender stated that this was a request by 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. He stated that the question concerning a power line in that area had been resolved the day before, and he had gotten a letter from SECO (Sumter Electric Cooperative) stating that they had worked that out with the property owners. He recommended approval to vacate.

The Chairman opened the public hearing.

Jefferson G. Gray, III, Esq., the applicants’ representative, addressed the Board, and stated that instead of 30 feet, there was only 8.51 feet available, but they have resolved it with SECO.

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

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved Vacation Petition No. 1103 and execution of Resolution 2007-9, Rheta J. Ross & 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.

REZONINGS

Mr. Wayne Bennett, Planning Director, Planning and Development Services, Growth Management, addressed the Board, reading the four items on the consent agenda, skipping Tab 2, CUP No. 07/1/1-4, George Culpepper, Trustee, Tracking No. 6-07-CUP, which had been withdrawn.

Commr. Cadwell stated that he wanted to disclose that he met with Mr. Bill Batillo, one of the applicants, regarding Tab 5, PH 5-07-4, to get some questions in regard to location criteria answered that he had concerns about.

Commr. Renick requested to pull Tab 5 from the Consent Agenda., to hear it separately.

REZONING CONSENT AGENDA

The Chairman opened the public hearing.

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. Hill, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board approved the Rezoning Consent Agenda, excluding Tab 2, which was withdrawn, as follows:

Tab 1 - Ordinance No. 2007-4

William M. Sprinkle

Rezoning Case No. PH 6-07-1

Tracking No. 3-07-Z

RMRP (Mobile Home Rental Park District) to R-1 (Rural Residential)

Tab 3 - Ordinance No. 2007-5

Michael J. Hogan

Rezoning Case No. PH 1-07-1

Tracking No. 2-07-Z

R-1 (Rural Residential) to R-2 (Estate Residential)

Tab 4 – Ordinance No. 2007-6

Isabel and Casey Collins

Rezoning Case No. PH 2-07-5

Tracking No. 4-07-CP/AMD

Amendment of the CP Ordinance to include general retail and professional office uses

REZONINGS – PH NO. 5-07-4 – WILLIAM BATTILLO/SONNENBERG

Ms. Denna Levan, Planner, Planning and Communities Design, Growth Management, presented this case. She stated that the owner and applicant was Mr. William Battillo, Vanguard Associates, and that he wished to amend the terms of the conditions of CP Planned Commercial Ordinance No. 29-91 for Parcel AK No. 1407818.

Commr. Renick commented that she was concerned about the letter from the City of Eustis, which is adjacent to the site, which stated that the City would want the applicant to submit an application for annexation in order to be able to use Eustis utilities, as the applicant would be required to do. Another major concern was that if the Board approved this request, Eustis would have more concerns regarding buffering than the County would. Commr. Renick suggested that the Board not approve this request, and to let the applicant apply to Eustis.

Commr. Cadwell stated that they could put some language in the CP Zoning that would require them to do their buffering based on Eustis’ LDR’s (Land Development Requirements). He also stated that this site might not be contiguous yet.

Commr. Renick stated that these were storage units, and she related an experience regarding a similar site near Clermont, where the City had concerns and would have preferred that the case be given back to them, and she would like to do the same for Eustis. She also thought that this property was contiguous to Eustis.

Commr. Cadwell stated that his philosophy was that currently it was a parcel in the County, and that as long as they protected any concerns regarding Eustis and joint planning, he thought they should approve it.

Commr. Renick pointed out that Eustis did not have joint LDR’s yet.

Commr. Cadwell responded that the County would put language in the Ordinance indicating that they would develop it under Eustis’ LDR’s, which would be like a mini joint planning agreement on that piece of property.

The Chairman opened the public hearing.

Mr. Bill Batillo addressed the Board and stated that he had had conversations with the City of Eustis, who told him to have it rezoned by the County first and then to make application to them to build under their criteria for utilizing the City’s water and utilties.

Commr. Cadwell asked Mr. Batillo that if the County adds language into the CP Ordinance that states that he would develop a buffer under any of Eustis’ LDR’s, if he would have a problem with that.

Mr. Batillo stated that he would not have a problem doing that.

Commr. Renick inquired what the benefit of that would be.

Commr. Cadwell responded that they could do it today as opposed to starting the whole process over, which could take three to four months.

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

Commr. Cadwell stated that he understood Commr. Renick’s concerns and had seen people utilizing a situation like this to get something out of it, by playing one against the other or to avoid doing something the City wanted them to do, and if he thought that was the case, he would have a problem with it. He pointed out that the applicant was willing to do everything Eustis wanted him to do, and he did not believe this was one of those cases.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried by a vote of 3-1, the Board approved Rezoning Case No. PH5-07-4, by William Battillo and Ronald and Daniel Sonnenberg, Tracking No. 5-07-CP/AMD and execution of Ordinance 2007-7 to amend the CP Ordinance to include general retail, mini storage and warehouse unit uses and that the applicants abide by Eustis’ LDR’s.

Commr. Renick voted “no.”

OTHER BUSINESS

APPOINTMENT OF HEALTH DEPARTMENT NON-VOTING LIAISON

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the appointment of Mr. Kevin Lenhart to serve as the Lake County Health Department Non-Voting Liaison between the Comprehensive Health Care Committee and the Lake County Health Department. This will be a permanent appointment and would not be considered a member of the committee.

APPOINTMENT TO COMPREHENSIVE HEALTH CARE COMMITTEE

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the appointment of Ms. Linda Nagle, Executive Director, Lake-Sumter Medical Society, to serve as Lake-Sumter Medical Society’s alternate member on the Comprehensive Health Care Committee.

APPOINTMENT TO AFFORDABLE HOUSING ADVISORY COMMITTEE

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved the following appointments to the Affordable Housing Advisory Committee: Ms. Rose Kenna as a resident who is actively engaged as a real estate professional; Mr. James Fischer as a resident who is designated as an advocate for low-income persons in connection with affordable housing; Mr. Paul Russell, Sr. as a resident who is a representative of those areas of labor engaged in home building in connection with affordable housing; and Ms. Henryka Presinzano as the League of Cities representative; as well as execution of Resolution 2007-10.

APPOINTMENT TO LAKE COUNTY LIBRARY ADVISORY BOARD

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved the appointment of Ms. Tamera Rogers to serve as Tavares Public Library’s member representative on the Lake County Library Advisory Board.

REPORTS – COMMISSIONER HILL – DISTRICT 1

BUSINESS RESOURCE CENTER

Commr. Hill stated that she spoke to Ms. Dottie Keedy, Director, Economic Growth and Redevelopment, in regard to the Busines Resource Center. She commented that Ms. Keedy was very much on board with it and that the operation would be included in her strategic plan. Also, she stated that Dr. Mojock contacted her and stated that he would be sending a budget narrative to explain the purpose of some of the items that seemed to have a significant increase.

FRIENDS OF FERNDALE MEETING

Commr. Hill stated that she covered for District 3 at the Friends of Ferndale meeting. She commented that they were looking at the Community Development Block Grant (CDBG) Funds and that community project and how they would follow through on that. She stated that there was a staff member there to explain that.

REPORTS – COMMISSIONER RENICK – DISTRICT 2

RESPONSE TO PLAZA COLINA LETTER

Commr. Renick stated that she responded to the Plaza Colina letter from Oakland.

REPORTS – COMMISSIONER STEWART – DISTRICT 4

ELDER AFFAIRS COMMITTEE MEETING

Commr. Stewart reported that she had attended the most recent Elder Affairs Committee meeting and commented that there were many people working to improve the lives and care of Lake County’s senior citizens, especially those who could not afford to care for themselves. She opined that taking care of the senior citizens was vitally important to our community, and encouraged the public to donate their time or money to help. She also stated that volunteers could adopt senior citizens to make sure that they had food and medical care, which would make a big difference in their quality of life.

VOLUNTEER LAKE GRAND OPENING

Commr. Stewart stated that on Saturday, January 20, she attended the grand opening of Volunteer Lake, and opined that it was a wonderful organization with many dedicated, hard-working people working to improve the quality of life in Lake County. She commented that they needed volunteers and that there were volunteer opportunities in almost every area of interest, including health, animal care, and schools.

REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

RECEPTION IN HONOR OF MIKE STEARMAN

Commr. Cadwell stated that the City of Eustis would have a reception on February 5, starting at 5:00 p.m., in honor of Mr. Mike Stearman, who had served for years as their City Manager and who started his career in the County. He asked that the Board draft Resolution No. 2007-11, thanking Mr. Stearman for his service to Lake County and the City of Eustis for a combined total of over 30 years of service. He opined that he served the community well and was a visionary in his time.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board moved to add the presentation of the Resolution to the Agenda.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved Resolution 2007-11 to present it at the reception to Mr. Stearman.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:40 a.m.

______________________________

WELTON CADWELL, CHAIRMAN

ATTEST:

__________________________

JAMES C. WATKINS, CLERK