JUNE 19, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, June 19, 2007, 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; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.


Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.


Ms. Cindy Hall, County Manager, stated that they would have the discussion regarding the Prestige Concrete Plant, under Tab 23, at 10:00 a.m.


Commr. Cadwell announced that they had officially gotten the School Board’s request to have the school impact fee and the road impact fee discussions on separate days, regarding the discussion at the June 18 workshop.  He stated that they would make sure they honored it.


On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 24, 2007 (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 May 15, 2007 (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 May 22, 2007 (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 Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 7, 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.

            Southwest Florida Water Management District Governing Board Meeting

            Request to acknowledge receipt of Southwest Florida Water Management District Governing Board Meeting scheduled for 9:00 a.m. on Tuesday, May 29, 2007.

            Finance and Administration Committee Fiscal Year 2008 Budget Workshop to be held sometime after 2:00 p.m.

            2379 Broad Street

            Brooksville, FL 34604-6899

            352-796-7211 or 1-800-231-6103

            Internet: Water/Matters.org

            Deer Island CDD Proposed Operating Budget for FY 2008

            Request to acknowledge receipt of Proposed Operating Budget for Fiscal Year 2008 for Deer Island Community Development District.

            Central Lake CDD Proposed Budget for FY 2008

            Request to acknowledge receipt of Central Lake Community Development District Proposed Budget for Fiscal Year 2008.

            Notice of Public Hearing – Doral Estates Homeowners

            Request to acknowledge receipt of Notice of Public Hearing:

            Lake County Board of Adjustment, Friday, June 15, 2007 at 1:00 p.m., in the County Chambers, 2nd Floor-Round Administration Building, 315 West Main Street, Tavares, Florida

            Re: Public Hearing No. BOA #38-07-3

            Owner: Doral Estates Homeowners

            Requested Action: The owner is requesting a variance from the Lake County Land Development Regulations, 10.04.02 Common Boat Docks, Common Boat Ramps, and Common Recreational Areas to allow a common boat dock to be located on a tract of land that is not specifically designated for a common boat dock, boat ramp or common recreational area on the recorded Plat; to allow the common boat dock to be located on a tract of land that is not within the platted subdivision; to allow relief from the setback and landscaping requirements for common docks; and to allow the common boat dock to be located on an ingress and egress easement or right-of-way which is not located entirely within the platted subdivision within which the common boat dock is to be located (+/-.15 acre).

            Ordinances from the Town of Lady Lake

            Request to acknowledge receipt of Ordinances from the Town of Lady Lake as follows:

            2007-10 An Ordinance of the Town of Lady Lake, Florida amending Article II of Chapter 8 of the Code of Ordinances entitled, “Occupational License Tax” by changing the term “Occupational License” to “Business Tax Receipt”, and revising current fees, and establishing new rate structures.

            2007-11 An Ordinance of the Town of Lady Lake, Florida granting a special exception use for a duplex on certain property in the town of Lady Lake, Florida, upon application by the property owner, Marvin O. Smallwood; with a mixed low density residential (MX-5) zoning classification.

            Notice of Commission Service Hearing – Aqua Utilities Florida, Inc.

            Request to acknowledge receipt of Notice of Commission Service Hearings

            To Aqua Utilities Florida, Inc.

            The office of Public Counsel and all other interested persons

            Docket No. 060368-WS

            Application for increase in water and wastewater rates in Alachua, Brevard, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc.

            Issued May 30, 2007


            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 22, as follows:


            Request for approval of the following Budget Change Requests:

            1.  Budget transfer - County Fire Control Fund, Department of Public Safety, Fire Rescue Division. Transfer $100,000 from Reserve for Operations to Operating Supplies. Additional funds are necessary to cover fuel costs. Significant emergency fire rescue operations during the past few months and the continual rise in fuel costs have caused the need for additional funds. Funds are available in Reserve for Operations. After this transfer, the balance in the Reserve for Operations account will be $1,592,234.

2.  Capital Substitution - Stormwater Management Fund - Parks MSTU, Department of Public Works, Parks and Trails Division. Substitute $27,000 from Improvements Other Than Buildings - Fencing for Parks to Improvements Other Than Buildings - Canoe Launch - PEAR Park ($9,000) and Boardwalk - PEAR Park ($18,000). Funds needed to furnish and install a canoe launch at PEAR Park. Funds also needed to remove an old and install a new boardwalk at PEAR Park. All of the replacement fencing in the parks will not be done this year, so the remaining money will be available for the canoe launch and boardwalk. Funds are available in Improvements Other Than Buildings – Fencing.

            Environmental Services

            Request for approval to advertise amendment of Section 21-158 of the Lake County Code to comply with the revised State Statutes.

            Request for approval of the Petroleum Storage Tank Compliance and Enforcement Contract #GC683 between the County and the Florida Department of Environmental Protection, which is a replacement for the expiring contract #GC514; approve the addendum to the existing contract in order to provide for an expiration date of June 30, 2007.

            Growth Management

            Request for approval and execution of a release of Fine.  Property Owner: Benito B. Delos Santos, Case# 2005080364 - Commission District 2.

            Request for approval and execution of a Release of Fine. Property Owner: Willie V. Turner, Case#2004090038 - Commission District 1.

            Request for approval and execution of a Release of Fine. Property Owner: Willie V. Turner, Case# 2004090039 - Commission District 2.

            Information Technology

            Request for approval of new policy for telecommunications and computer equipment.


            Request for approval of the following:  (1) declare the items on the attached lists surplus to County needs, (2) authorize the removal of all of the items on the attached list from the County's official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign vehicle titles.

            Public Works

            Request for authorization to release a maintenance bond in the amount of $362,554.65 posted for Lakewood Ranches. Lakewood Ranches consists of 149 lots and is located in Section 1, Township 19 South, Range 27 East. Commission District 4.

            Request for approval to submit an application for a West Central Upland Invasive Working Group grant for $25,000, and to commit $25,000 from General Operating funds as matching funds to support this Grant. Approval to provide $50,000 up front project money for which $25,000 would be reimbursed upon completion, if the Grant is awarded to Lake County - Commission District 3.

            Request for authorization to release a letter of credit for maintenance in the amount of $48,219.00 posted for Palisades Phase 2D. Palisades Phase 2D consists of 36 lots and is located in Section 11, Township 22 South, Range 25 East. Commission District 2.

            Request for authorization for the final plat for Palm View Acres and all areas dedicated to the public as shown on the Palm View Acres plat. Palm View Acres consists of 2 lots and is located in Section 13, Township 20 South, Range 26 East. Commission District 3.

            Request for approval to file the Declaration of Restrictive Covenants for Palatlakaha Environmental Reserve with the Clerk of the Court as required by the Florida Department of Environmental Protection Land and Water Conservation Fund (LCWF), Project Number 12-00517 (DEP Contract Number LW517), on the fifty (50) acres owned by the County - Commission District 3.

            Request for approval and authorization for Chairman to execute satisfaction of liens for the attached three (3) road assessments - Commission Districts 2, 4 and 5.

            Request for authorization to accept the final plat for Emerald Pond, and all areas dedicated to the public as shown on the Emerald Pond plat, accept a maintenance bond in the amount of $97,889.00, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Build Florida, Inc., and execute Resolution No. 2007-92 accepting the following road into the County Road Maintenance System: Emerald Pond Loop (Co. Road No. 3453). Emerald Pond consists of 45 lots and is located in Section 14, Township 19 South, Range 25 East. Commission District 1.

            Request for authorization to release a letter of credit for maintenance in the amount of $48,273.00 posted for Palisades Phase 2C. Palisades Phase 2C consists of 39 lots and is located in Section 11, Township 22 South, Range 25 East. Commission District 2.

            Request for authorization to accept the final plat for Foxchase and all areas dedicated to the public as shown on the Foxchase final plat, accept a performance bond in the amount of $986,241.38, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Standard Pacific Homes. Foxchase consists of 162 lots and is located in Section 6, Township 23 South, Range 26 East. Commission District.

            Request for authorization to accept the final plat for Blanchester Estates and all areas dedicated to the public as shown on the Blanchester Estates plat. Blanchester Estates consists of 6 lots and is located in Section 19, Township 18 South, Range 27 East. Commission District 5.

            Request for approval and execution of a purchase agreement with First Baptist Church of Lady Lake, Inc., for a portion of the property, in conjunction with the CR 466 Road Widening Project in the Lady Lake area - Commission District 5.

            Request for approval and execution of a purchase agreement with B.C. Dickerson (aka Beverly C. Dickerson) and Betty J. Dickerson for right of way and authorization for the Chairman to sign any and all documents necessary for closing, in conjunction with the Edwards Road (#7009) Project, located in the Lady Lake area, located in Section 27, Township 18, Range 24 - Commission District 5.




Mr. Greg Mihalic, Tourism and Business Relations Director, related that the Tourist Development Council (TDC) had a special meeting on May 30 to discuss the issue of the fifth penny sales tax and that they made three recommendations to go back before the Board.  He specified that one of those was that the Board pass the Ordinance to levy the additional penny of Tourism Development Tax and direct staff to advertise and bring that back to them.  The second item recommended was that the BCC designate another source of funds for arts and cultural facility upgrades and repairs, which were not eligible for use of the tourist development taxes under Florida Statute 125.0104.  He stated that the third recommendation was that the TDC would solicit grant applications, and that they did not currently know how to levy the additional money from the tax, which would be approximately $550,000 a year.  He further explained that they brought forward a grant application process, a copy of which was given to the Board along with the guidelines, for the Board to review and approve the process to allocate the fifth penny of the Tourist Development Tax.

Commr. Cadwell commented that it seemed like the framework the TDC had put together was what the Board was leaning toward the last time they talked about that, and that it set up a process for projects to come through their system.

Commr. Stivender, the liaison to the TDC, stated that she wanted the Board’s approval of this before the TDC meeting on June 20 to go over the application.

Mr. Mihalic pointed out that there were $25.2 million of requests for $550,000 of money.

Commr. Renick stated that she wanted to have the vote separate for each issue, and wanted to know if the TDC was just asking them to look into designating a source of funds for arts and culture or whether it was in any way binding.

Commr. Stivender responded that it was a way of letting the Board know that the TDC wanted them to look into how the County could fund the other projects that did not meet the tourism tax criteria.

Commr. Stewart commented that she thought that was important, because businesses locating in Lake County looked for educated, young professionals, and the cultural arts would attract that type of person.  She opined that they should support arts and culture, such as facilities for plays, ballets, symphonies, and other performances, whenever possible and that it was important to the County’s economic growth and improved their quality of life.

Commr. Stivender stated that the request was for staff to look at other funding availabilities.

Commr. Cadwell stated that they might want to change the wording in the recommendation, because they did not want to give the inference that they will definitely fund that, but they would look at it.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried by a vote of 4-1, the Board approved the advertising of the ordinance for the levying of the additional fifth penny of the Tourism Development Tax and directed staff to research other sources of funding for the arts and cultural facilities that did not meet the eligibility of the Tourist Development Tax.

Commr. Hill voted “no.”



Ms. Wendy Breeden, Library Services Director, informed the Board that they had eight applications for funds for library impact fees before them, which were ranked and rated initially by the member library directors on March 30, and then were approved by the Library Advisory Board on April 19.  She related that they initially had nine applications, but that the County Attorney’s Office found that one of them did not meet the rational nexus, so they were not bringing that one forward for approval.

Commr. Cadwell noted that they had gotten some e-mails about Lady Lake having some valid concerns in regards to participation in the impact fee process and how that actually worked.  He went on to report that Lady Lake may look into doing their own impact fee and wanted to make sure that they would be able to operate in the same system that Mount Dora did.

The Chairman opened the public hearing.

Mr. Jim Page, a resident of Lady Lake, who had been a former member of the Lake County Library Board for 18 years, stated that he was against Mount Dora receiving $250,000 in impact fees, because he thought it was unfair for them to receive money from the impact fee fund when they had not paid into it and participated in the funding.  He related that ten years ago, one of the major concerns of the Library Board was the ability to receive funding outside a normal course for construction grants.  He stated that three years ago, all of those in the library business were greatly concerned and happy to see the impact fee for libraries, because it would give them an opportunity to bring the County’s libraries up to date to the standards that had been set forth in the many studies that had been made.  He requested that the $250,000 allocation to Mount Dora be rescinded and that they completely fund the $900,000 for construction of the Lady Lake library.

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

Commr. Cadwell commented that he was the liaison to the library system and had worked with Lady Lake and understood their concerns.  He also understood the amount of participation that Mount Dora had locally with their impact fees into their system and how many County residents used that when you looked at the system as a whole.   He believed the way they distributed the money was a fair system, which tried to help everyone, and he recommended approval of the recommendation of the Library Board.

Commr. Stewart noted that the Mount Dora library serviced over 7,000 county residents and that the County did not put a penny into their library services, and she thought that Mount Dora had done a very good job of servicing the County residents at a cost to their own citizens.

Commr. Cadwell stated that they were in the process of looking at this issue, and reported that Mount Dora’s library impact fee was over $1,000 and the County’s was about $180.

Commr. Renick stated that they might want to handle this differently in the future, but she would encourage cities to have an additional library impact fee, if that would help them accomplish their goals.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the eight applications for funds from the Library Impact Fee Fund to the City of Umatilla, the City of Leesburg, the Town of Lady Lake, the Town of Montverde, the City of Mount Dora, the City of Tavares, the Cagan Crossings Library project, and the print management project and the budget transfer in the amount of $910,435 from Library Impact Fee Fund reserves and appropriation of funds.



Ms. Cindy Hall, County Manager, requested that the Board switch the meeting scheduled for July 3 to July 10, because of the July 4 holiday.

Commr. Cadwell commented that it was fine with him.


Ms. Hall announced that Ms. Wendy Taylor, Executive Office Manager, County Manager’s Office, was one of the graduates from the Certified Public Manager’s class last Friday.  She reported that the Clerk of Court’s had three individuals who graduated; the Tax Collector had two participants; and the County Manager’s Office had nine.  She commented that it was a very good turnout and that she was very proud of that program.

Commr. Cadwell inquired how long the graduates had to participate in the program.

Ms. Hall responded that it was for about two years and that it was a very intense commitment with a lot of homework and time invested.  She also commented that it was very worthwhile program with the graduates learning a lot going through the program.


Ms. Hall informed the Board that $5 million in SHIP emergency funds were allocated to Lake County to assist with the damage to housing from the February 2 tornadoes.  She gave kudos to Community Services, who sought that out.



Commr. Renick stated that she had received some concerns about handicapped ramps and wanted the Board’s agreement to ask staff to look at how other counties handled that.  She also stated that another code issue they probably had heard about concerned open air vendors, and she thought that they might need to look at open air vendors and to direct staff to also show what other counties do in terms of that issue.


Commr. Renick stated that many people were interested in the impact fee issue and whether the Board would consider having those meetings at 5:00 p.m., and she asked the Board whether it would be appropriate to have a different meeting time.

Commr. Stewart commented that she had heard the same concerns from residents, who wanted to get to the meetings to voice their opinions.

On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board moved to put the scheduling of the impact fee meetings for 5:00 p.m. on the Agenda.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to schedule the transportation and school impact fee meetings at 5:00 p.m. on different days.


Commr. Renick stated that she had received a letter from South Lake Hospital regarding partnering with the NTC, which was requesting funding to provide labor, equipment, and product for field maintenance of their soccer fields for the benefit of Lake County residents’ children.  She commented that she just wanted to share the letter with the Board, and that it might be something they wanted to put on the Agenda to talk about in the future to see if that would be something they would be interested in doing to have more fields available in South Lake County.


Commr. Renick stated that it was her understanding from the meeting that they had regarding Plaza Collina that the developer agreed to meet with the City of Clermont, the City of Oakland representatives, and others.  She wondered whether they should wait for that meeting to be scheduled, which she was hoping was in the process of being arranged, before they go forward with that site plan.

Commr. Stivender stated that she did not think so, because it was already in the process. She commented that if they were going to start a new policy in looking at new site plans, then they needed to decide that, but the ones that were already in the process of meeting the requirements that were in the Codes would not be subject to that.

Commr. Stewart commented that this was an individual case, and that they committed to this meeting at the Board’s last meeting.  She was surprised that they had not scheduled that meeting by now.

Commr. Cadwell asked Mr. Sandy Minkoff, County Attorney, what the Board’s options were legally regarding this issue.

Mr. Minkoff responded that the County Manager and Growth Management Director would be faced with a dilemma, because the Board did not really have any legal authority to withhold approval of the site plan if all the conditions of the Code were met.  He added that if, however, they did commit to have the meetings, then he was sure that the County Manager or Growth Management Director could ask them what the status of those meeting were before approving it, but ultimately, the Board did not have the ability to direct them to withhold the site plan.

Commr. Stivender commented that she believed that what they committed to was that they would have a meeting, but it was not contingent upon whether their site plan was stopped in the process.

Commr. Cadwell commented that the common sense inference would be that if they went ahead with the site plan before they had the meeting, nothing on the site plan would change.  He stated that they had to make sure that it worked within the legal process, however.

Mr. Minkoff commented that he did not believe that the site plan was in the position to be approved yet, so it may very well be that they could follow up and make sure that they had the meetings and that it would not be an issue to do that.

Commr. Renick stated that this was about some issues in terms of buffering, landscaping, and other issues that she believed would be relatively simple to work out, and would not be about the Walmart issue, and she did not understand what the problem would be.

            Ms. Cindy Hall, County Manager, stated that she could ask if they could perhaps have a commitment from the developer to not submit the final site plan until they hold those meetings, which would take the County out of the legal bind.

            Ms. Kathy Allison, a paralegal with Akerman, Senterfitt, addressed the Board and stated that she was not in any position to make any commitments on behalf of their client, but that she would say that they were in the process of arranging a meeting with the individuals that had raised concerns and raised these issues.  She noted, however, that there was always the understanding that they would be allowed to move forward with the site plan, which had been in the process since November of 2006.  She also related that they have had numerous DRS meetings which were open to the public, and at which many people were allowed to make comments.  She also commented that the site plan was available for review on the fifth floor of the Administration Building.  She stated that they would ask that they were allowed to move forward, or they would be at a risk of losing tenants.

            Commr. Cadwell wanted the record to be clear that the Board was not asking staff to not obey their own laws, but staff was saying that they were not ready to approve that yet anyway, and the Board was encouraging the applicant to make sure they met before that date.



Mr. Sandy Minkoff, County Attorney, explained that this was a request from Ms. Emogene Stegall, Supervisor of Elections, because the Paper Ballot Act mandated that they get rid of their voting machines and get new ones.  He explained that the Bill had two options for counties that had those types of machines, which were to let the Secretary of State sell their existing machines, purchase the new ones, and hold the County harmless or to opt out and to sell and purchase their own machines at the County’s expense.  He related that Ms. Stegall had recommended that the Secretary of State act as the County’s agent, and that he did not think the machines would have a good resale value, and with that option, the State would pay for the new machines.

Commr. Hill inquired about compensation for those machines.

Mr. Minkoff explained that the Bill stated that if the revenues from the sale exceeded the cost of the new machines, they would give the County those monies back, but that there was not a great possibility of that.  He also pointed out that the County was required either way, whether they let the State do it for them or did it themselves, to buy the new machines, and that it was prudent to let the State pay for it.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the option recommended by the Supervisor of Elections of letting the Secretary of State sell the old voting machines and purchase new ones for the County and for the Chairman to sign certification provided by the Supervisor of Elections.


On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the appointment of Chairman Cadwell as Lake County’s voting delegate at the 2007 NACo Conference.


No one wished to address the Board during the Citizen Question and Comment period.


The Chairman announced at 9:40 a.m. that they would recess until 10:00 a.m.




Commr. Cadwell stated that Commr. Renick requested this presentation and that this was not a public hearing, but that they would be taking public input and give people an opportunity to ask questions.

Commr. Renick stated that there had been concrete plants elsewhere that have had problems that she thought could have been avoided by making sure that everything was addressed the way that it should have been in the site plan.  She specified that some of the concerns included noise, dust, screening, and buffers.  She mentioned that the Prestige plant was moving to the Industrial Park in Okahumpka, and she did not just want to move the problem and wanted to make sure that everything was done right on this site.  She related that staff had been working on this to address all the different issues, and she thought that this meeting might bring up some concerns that they had not thought about.  She stated that they wanted to make sure that Prestige did everything that they could to be a good neighbor so that they did not ruin anyone’s quality of life.

Commr. Stivender thanked staff for all their efforts and related that as they started getting e-mails from everyone concerned about the project, staff met with a Prestige representative and the residents closest to the Industrial Park and had done a wonderful job educating the people about the project.

Commr. Renick related that the day before, the Board had a workshop where they discussed improved standards for any industrial sites, and she was pleased that they had moved forward to do that.

Mr. Wayne Bennett, Planning Director, Division of Planning and Community Design, Growth Management, stated that he would give a brief staff presentation on some of the key elements involving the ready mix concrete site of the Prestige Concrete Plant, located in the Jim Rogers Industrial Park in the Okahumpka area, south of Leesburg.  He pointed out that the site was located in the middle of what was referred to in the Comprehensive Plan as Urban Expansion with an Employment Center Overlay, and that the existing zoning on the property was heavy industrial.  Mr. Bennett pointed out that the Arlington Ridge subdivision was immediately south of the proposed site, but that there was one intervening parcel of land in the Industrial Park that separated the corner of the subdivision property from the Prestige site, but there was probably less than 500 feet of separation between them.

Commr. Stewart inquired why the City of Leesburg did not supply central water to the site.

Mr. Bennett responded that they received a letter of unavailability from the City of Leesburg, indicating that central water and sewer was not available to the site.  He further explained that within the Park and the general area, there was a fire suppression system available, but that was not to be used for potable water.

Mr. Bennett went on to explain that this plant was a ready mix plant, which would not involve the production of block.  He also commented that the cement material was being brought in by truck and being loaded into the silo on the site, and there was equipment associated with the silo that controlled the intake of that material into the silo and prevented the dust from that material from escaping using valves that controlled the pressure as material was being delivered into this particular facility.  He opined that this feature should do a lot toward alleviating the concerns of nearby residents.  He stated that they had worked with the applicant to enhance the landscaped buffer along the south property line, with a lot of existing large trees staying along the southeastern boundaries to provide the benefit of an additional buffer.  He also added that they would be building a berm up to the aggregate bin walls, resulting in larger and taller buffers.  He concluded by saying that the staff had reviewed this and it had been through three series of comment sessions on the site plan review, and at this point, Prestige had completed everything that the County had asked them to do with regard to the site.

Commr. Renick commented that a problematic issue in South Lake was that the trucks had to rev up in order to keep the mix turning and were at the very edge of the property near the residents.  She inquired where the trucks would line up at this site.

Mr. Bennett showed on the overhead map where the trucks would come into the site, which he commented was further away from the edge of the property.  Mr. Bennett explained that they had a condition of site plan approval that asked them not to idle the trucks in the earliest parts of the morning, when their first deliveries would occur, which would be between 4:00 a.m. and 8:00 a.m.  He stated that one truck at a time would come through, pick up its materials and water, and go out at the farthest position away from the adjoining residences as they could get on the site.  Mr. Bennett also mentioned that there was not to be any loudspeakers on the site, with communication being done by radio between the operator and the truck driver, and the types and location of light from the site was to be mitigated.

Mr. Gary Cooney, an attorney practicing in Leesburg, addressed the Board on behalf of Prestige, and stated that it seemed like a lot of the questions they had for Mr. Bennett were more about the operation than the site plan.  He related that Mr. Thomas Lang, who was in charge of the plant siting and operations for Prestige, had put together a power point presentation for the Board.  He also commented that Mr. Lang had various experts with him in fields such as DEP and traffic type issues and that his presentation would supplement what Mr. Bennett had explained.  He also mentioned that they were going to show them a plant that they currently operated in Daytona, which was a prototype.  He emphasized that he did not believe that Code Enforcement has had any issues with the Prestige plant in Clermont since Mr. Lang had been in charge of it.

Mr. Thomas Lang, General Manager of Construction and Operations for Prestige, stated that he was hired in April of 2005 to assist the company to adjust to the booming growth in the area.  He mentioned that they had gone to great strides in the last year to straighten out the operations of the Clermont plant by cutting back hours, relocating equipment on the site, and putting up additional sound barriers.  He started his power point presentation by showing what they looked at to locate a new facility, such as market location, site location requirements, permitting requirements, highway access, site design, facilities and equipment layout, and plant operations.  They serviced a market within a 15-20 mile radius, which would be Leesburg, Groveland, Tavares, and Clermont for this site, and looked for property that was already zoned heavy industrial.  He commented that he saw that the Rogers Industrial Park met their requirements, had highway access, had similar facilities next to it, and that there was no residential property bordering it, and that they felt that the Industrial Park was an ideal location for them to locate their business and felt they could design an operation that could meet all of the requirements in the Codes that were in place.  He also stated that at present the company had no plans to expand this facility any bigger than the current plans.  He mentioned that the DEP permits, as well as permits for stormwater, air, sewer/septic, potable water, and fuel tanks were all in place or waiting approval.

Commr. Cadwell inquired that in regard to potable water, how many employees would he have.

Mr. Lang responded that on site, a Ready Mix operation had anywhere from 2-3 people there permanently, and everyone else were truck drivers who were in and out all day.  He stated that he based their permit on an average of 12 people, putting them significantly below the threshold of the requirements.  He then explained about the site layout and stated that there were two entrances into their facility.  He also pointed out that they specifically designed this facility to block sound from going out to the south, and that the sound would not be louder than a background sound and blend in with the other facilities in the Industrial Park such as the Rinker Plant and the grinder from the mulching operations.  He stated that he worked with staff significantly on the landscaping, and he planned for trees 12-14 feet high, some planted on an 8-foot berm, making the buffers up to 20 feet high in some places, along with keeping as many of the natural existing trees there as possible.  He commented that the site was designed so that they had direct access to the Turnpike, CR 48, and CR 33, without having to travel on any local roads, since it was important to stay on roads that were designed for truck traffic.

Mr. Lang showed some pictures of their Daytona facility, which would be a prototype for the one in Okahumpka.  He pointed out that the top of the silo in the picture was clean, showing that they knew how to load a silo without discharging cement off the top of the silo, due to pinch valve systems, sensors in the tanks, vacuum operations, and other factors that they utilize to minimize dust that traveled offsite.  He mentioned that normally the water was on 24/7, except if they were not operating for 2-3 days, but that they recycled all the water onsite.  He also assured the Board that they would put in place the best business practices that they had already in place in several of their facilities.  He stated that they would be doing sound tests, and since they owned part of the road going in, they might not even have to bring the trucks on site in the early hours of the morning.  He commented that during start up, he would be reviewing how the plant operated.

Mr. Lang stated that Prestige was not the same company that it was two years ago.  He admitted to being a 24/7 operation, because the market demanded it to deliver material, and that normally business startup was about 4:30 a.m. to 5:30 a.m. so that the trucks could leave their plant to be on site at 6:00 a.m., to be able to pour before the heat of day in the afternoon.  He noted, however, that they put in the best practices they could to mitigate sound at those times of day.

Ms. Leslie Campione, an attorney representing the Homeowners of Arlington Ridge Subdivision and ECP Development, a large property owner to the south of CR 33 that was in close proximity to this site, commented that she thought that the Board could do something to prevent the Prestige plant from going in at that location, even though the property was properly zoned, had an urban expansion land use, had gone through the site plan process, and was in an industrial park.  She opined that this plant would have a detrimental impact on the Arlington Ridge subdivision, and requested that the Board prevent this site from being used as a 24/7 concrete plant.  She stated that provisions in the Comprehensive Plan required that the Land Development Regulations (LDR) protect incompatible land uses from one another.  She opined that these were the types of operations that really needed more buffering and more distance than other operations, because of factors such as trucks idling, air brakes, and beeping at 4:00 a.m., which would be different than what the residents were currently hearing.  She stated that there would need to be Conditional Use Permits (CUP) with very specific conditions on them and greater distances between them and residential uses.  She suggested to the Board that they looked at their LDR’s and got regulations in place that would place those types of uses in a separate category that would require a CUP with some criteria that would address the types of conditions that would protect incompatible uses from one another.

Ms. Campione stated she had sent a letter out regarding the central water and sewer connection requirement for industrial uses that was in the Comprehensive Plan.  She commented that she did not agree with staff regarding this issue, and stated that Comprehensive Plan Policy 1-1.14(4)(F) and (G) in the Future Land Use Element, which addressed general land use location criteria, had no requirement for central water and sewer services for any other use except for industrial uses, where it stated that they shall be served by central utilities and water and sewer services. She stated that she disagreed with staff, who looked at the equivalent residential use of potable water to allow a waiver or exception.  She commented that the reality was that this plant was going to use a lot of water for uses such as washing down the trucks and using it for the materials, and would have an impact on the aquifer.  She urged the Commissioners to look again at this issue and at the mandatory connection to decide whether they agreed with the way their staff was interpreting this issue, and pointed out that they had the authority to make the final decision of whether to let the staff’s interpretation replace what the Comp Plan actually said.

Ms. Campione pointed out some discrepancies and observations she noticed from reading statements from the meeting that was held, one of which was that in the staff report, it was reported that they should not use maple trees on the berm because they were susceptible to dust, which showed that they were acknowledging that there was going to be dust leaving the site or on the berm.  She also noted that there was mention of using strobe lights instead of the beeping sound at one of the meetings, but she did not find that in the staff report as a condition.  She also noticed a discrepancy in the distance that was between Arlington Ridge and the site, stating that Prestige claimed at the meeting it was 550 to 660 feet, but the measurement that her group took was 400 feet.  She also commented that she thought there were more remote sites available for Prestige to move to that would be suitable for them.

Mr. Bob Merriam, spokesman and resident of Arlington Ridge, Leesburg, addressed the Board to express the sincere concerns of homeowners and residents adjacent to this particular industrial park  He emphasized that they were strongly opposed to the construction of Prestige Ready Mix Concrete and that it would affect the quality of life of the residents of Arlington Ridge and the surrounding communities and presented the Board with a petition signed by 559 residents and property owners expressing this opposition.    He also stated that they had made a huge investment in their homes and their plans, and they believed that that investment would be affected in many ways.  He pointed out that the County’s Comprehensive Plan addressed preventing and mitigating incompatible uses and that the Land Development Regulations provided for conditions to be placed on site plan approval to mitigate those impacts.  He opined that County staff had not adequately protected Arlington Ridge’s interests, and he asked the Commissioners to get actively involved so that they were not all back there in six months because of a nuisance.  He also was concerned because of the company’s track record and reputation.  He noted that a 24/7 plant operation would destroy the tranquility they currently experienced and would exceed ambient noise levels in the area.  He listed the other concerns as added truck traffic to the area; propensity for excessive lime deposits, which would detract from the appearance of their homes and golf course; dust; their Audubon International Certification for their golf course and community; odors; and environmental damage.

Mr. Merriam requested that if this permit were approved, that staff impose stipulations that had already been set forth in Case No. 2006CA511, which included no Saturday, Sunday, or holiday operation or maintenance; limiting plant operations to normal business hours of 7:00 a.m. to 6:00 p.m.; requiring employee vehicles to be parked on the site property and not on the adjacent streets; and restricting the amount of ready mix trucks on the site to 18 at any given time.  They also believed that the owner/operator should provide at least ten percent of the cost of the project as a bond should any of those conditions be violated.

Mr. Bill Cauthen, the attorney and trustee for the Rogers Trust, stated that the property had been zoned heavy industrial for many years, and that the adjoining property owners were currently a junkyard, garbage vehicle motorpool facility, a 24-hour incinerator, and a ready-mix and block plant that had been there for years.  He pointed out that they were a 501C3 foundation, which was a Leesburg oriented private foundation who granted a number of dollars to other 501C3 foundations, such as the Salvation Army, Leesburg Food Bank, Leesburg High School, Boys and Girls Club, Habitat for Humanity, and Lake-Sumter Community College and that this was going to mean approximately $60,000 to $70,000 of additional money for them.  He understood that this was not a zoning issue, but a site plan issue; and if the site plan requirements, rules, and ordinances were met, it should in fact be issued.  He emphasized that as a tax exempt entity, they took their fiduciary duties very seriously, and one of those was to protect the assets of the foundation, one of which was this contract.  He commented that if for some reason the site plan was not issued, they would look at the reasons behind that very carefully.

Commr. Stivender asked how long the Industrial Park had been there and the foundation set up.

Mr. Cauthen responded that the foundation was set up at the death of Mrs. Rogers in Leesburg about 8 to 10 years ago, and the property had been zoned heavy industrial for several years, but he did not remember exactly how long.

Mr. Dola Compton, a resident of Arlington Ridge, addressed the Board and commented that the dust was caustic, abrasive, and corrosive.  He stated that he worked on the trucks that brought in the cement to those kinds of places, and opined that there was no way to get everything from the tank into the silos without losing content.  He stated that the content built up over time and would get into the yards of residents.  He also stated that the dust could cause a rash on skin or could cause rust, scratching, and paint peeling on vehicles.  He commented that humidity caused the dust to clump, which would form rocks that could stop the valves in the machinery from closing, causing a lot of the dust to escape.  He stated that this material should not be around human beings or animals, and they did not want to see what happened in Clermont to happen in Leesburg.

Mr. Gary Bidlack, a resident of Plantation, Leesburg, addressed the Board to state that he was opposed to the plant.  He compared the dust situation from the concrete plant to the asbestos issue in the 1960’s and 1970’s, and stated that they did not know what effect the dust would have on residents in the future.  Also, he was concerned about the truck traffic and the backup beeper of the trucks.

Mr. Gary Salzman, a resident of Plantation, Leesburg, addressed the Board and stated that with all the existing and proposed residential development in this area, the heavy industrial zone designation to the Rogers Industrial Park was no longer appropriate.  He requested that the Board rezone that area to a less intensive use.

Mr. Gary Grieco, a resident of Plantation, stated that there were three entrances and exits from the Plantation, two entrances off of Hwy 27 and one on CR 33.  He related that a recent survey showed that between January 1 and April 30, there were 85,000 vehicles going in and out of the CR 33 entrance.  He was concerned that more traffic coming into the neighborhood traveling at 55 mph or more would make it more difficult to get out of the their neighborhood onto the major roads.  He suggested possibly lowering the speed limit in that area.

Ms. Capione addressed the Board again, stating that the heavy industrial zoning designation did not mean that “anything goes” on this site.  She suggested that, at a minimum, the hours of operation on the site plan be restricted to normal hours of operation to match the hours of the other businesses at the park.  She commented that a concrete plant would be more appropriately located in a centralized location within the Industrial Park, where it was buffered and surrounded by less intensive heavy industrial uses.  She opined that this was not just a site plan issue, but was a Comp Plan issue, and she did not think the site plan could be approved until the water and sewer issue was addressed.

Mr. Cooney came up to address the Board again, stating that he had the impression that the meeting was to be an information session, but it appeared that the meeting had turned into a request for the Board to step in where it had no authority to prevent the staff from doing what it was required to do under their own ordinances.  He thought Ms. Campione’s assertion that the staff had gotten the Comprehensive Plan policy wrong was incorrect.  He stated that the assumption that the plant would use a tremendous amount of water from the aquifer was inaccurate and that this plant recycled its water internally.  He also pointed out that there did not appear to be a complaint about the water and sewer central systems in the Rinker site plan.  He also commented that they had done their own noise studies so that they could locate their equipment on that site to not be a problem.  He also rebutted the statements about the problems of other concrete plants and trucks, stating that they did not perform the type of things described that other plants did and they certainly would not maintain a plant with any type of debris or “fluff” on the concrete.

Commr. Renick stated that she understood that Mr. Lang was in a tough position of trying to restore a reputation, and that they were trying to get a level of comfort.  She explained that the reason for the meeting was to have on record what they had been promising they would do.  She stated that the two issues she was still concerned about were dust and the 24/7 hours of operation.  She commented that they had an obligation as far as the health and welfare of the residents and the Comp Plan issue.  She asked how they go about getting a restriction on the hours of operation in this situation.

Mr. Sandy Minkoff, County Attorney, stated that the way you would address hours of operation would be to amend the LDR’s to authorize imposition of hours of operation on certain types of uses.  He explained that when the County created an LDR that set a standard of performance that someone had to meet in order to get a permit, they were not authorized to put additional requirements that were not in that code.  He noted that currently in the County’s Code, there was nothing that would authorize the staff to do that.  He also pointed out that there was not anything that the Board could do in this case, because the approval of the site plan was a County Manager and Growth Management function.

Commr. Cadwell commented that the Board created the laws, and the other departments enforced the laws, and that it was all legal issues at this point.

Commr. Stewart stated that they had two different legal interpretations of the Comp Plan that day, and she would like to have an opinion on the central water issue.

Mr. Minkoff stated that they had the ability to change their rules at any time, but the consequence was that if someone had a vested right, the County would pay compensation.  He also commented that if they took Ms. Campione’s argument, they would not be allowed to have any type of industrial development anywhere in the unincorporated County that did not have water and sewer, and that other provisions of the Comp Plan allowed industrial development in rural areas, but at the same time prohibited central water and sewer in the rural areas.  He commented that it was hard to pick one sentence from the Comp Plan and to assign a meaning to it, but that he did not think he could give an opinion about that issue until he had a chance to look at it, and he would be willing to sit down with staff and to look at it before they issued the site plan to make sure they concurred.

Mr. Lang stated that their concrete operation would be as he presented it.  He pointed out that they were next to a garbage resource recovery plant that operated 24 hours a day, 7 days a week continually and in close proximity to Rinkers facility.  He explained that they did not run 24/7, but only about six hours.  He emphasized that they specifically picked this site because there was no residential property bordering them and they were located next to businesses that were intense industrial activities that ran 24/7.  He stated that if they were given a place that was in the middle of nowhere, they would gladly go there, but they had to go to the places that were zoned where they could go.

Commr. Cadwell requested that Mr. Minkoff meet with Ms. Campione in regards to the water and sewer issue and also requested that he report back to the Board in regards to the County’s exposure.

Commr. Renick asked about the monitoring program.

Mr. Bennett stated that staff had responsibilities for monitoring a portion of the things that they were approving as part of the site plan, and the Department of Environmental Protection (DEP) would have responsibilities for monitoring the association with their permits, which were the stormwater discharge permit and the air pollution permit.  He pointed out that the development needed to be built in accordance with the site plan, and they would have to approve any change to that site plan.  He stated that they were starting to have preconstruction conferences about trees that were being protected, and that the Sheriff’s Department would be the ones that were required to enforce the noise ordinance per the Code.

Commr. Renick asked about monitoring things that were not specifically site plan issues, such as respiratory concerns from dust, and if they could be held to the standards that they had promised to uphold.  She asked Mr. Minkoff if she could legally make sure the other issues would be monitored.

Mr. Minkoff responded that if it was in the site plan approval, it would be an enforceable condition.  He added that in order for staff to insist on that being in the site plan approval, there had to be support for it in the Code.  He stated that he believed staff had put a noise requirement in the site plan.

Mr. Cooney stated that he believed that for the Board to try to extract something from them when they were supposed to just supply information was inappropriate and that he planned to follow the rules set by staff in the site plan.  He also commented that they would not agree to the Board imposing on them other conditions that their competitors nearby did not have.

Commr. Renick asked Mr. Minkoff if it was impossible for them to have a monitoring plan for a company that they had problems with elsewhere.

Mr. Minkoff reiterated that staff could impose conditions in the site plan that were supported by the LDR’s.  He stated that there was a monitoring plan for the dust, because they were required to submit regular reports to DEP in connection with their air permit.

Commr. Cadwell remarked that some people in the audience might think that the Board just listened and did not do anything, but assured everyone that they were trying to do everything they could within the law and that they had a responsibility to the Constitution of the State of Florida and had to abide by those rules.

Mr. Minkoff commented that if their opinion agreed with Ms. Campione’s, then the site plan would require central water and sewer, and if it did not, then they would act accordingly.

Commr. Stewart commented that this would happen over and over again if they did not do some long-range planning to stop this from happening in the future.

Commr. Renick stated that she was disappointed that the applicant was not willing to agree to an extra level of monitoring.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:45 p.m.





                                                                        WELTON G. CADWELL, CHAIRMAN