A REGULAR MEETING OF THE BOARD
JUNE 24, 2008
The Lake County Board of
Reverend Earl Wright, of the
Commr. Stivender introduced Ms.
Shelby McGuire, a sophomore at
Ms. Cindy Hall, County Manager, requested Tab 6 be moved from the Consent Agenda to the County Manager’s Departmental Agenda in order to receive an update from Public Safety.
Mr. Minkoff, County Attorney, asked that Addendum 1 regarding the Value Adjustment Board be added to the Agenda and adding a report to his business on the purchase of property in South Lake County which would require Board action.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved moving Tab 6 from the Consent Agenda to the Departmental Agenda; to place on the Agenda Addendum 1, regarding the Value Adjustment Board, as well as a report from Mr. Minkoff on the purchase of property in South Lake County.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
Request from Community Services for approval of the Lake
County Community Health Worker Program to apply for small grants, monetary
support and donations under $10,001.00 to support programming for the Lake
County Community Health Worker Program and to allow the
Request for approval of the updated Workplace Violence Policy, LCC-74.
Request for approval to suspend employee contributions to the County’s medical plan for a period of 3 months (July 2008 through September 2008).
Request for approval of the FY08/09 Detailed Work Plan Budget – Arthropod Control.
Request for approval of the purchase and installation to upgrade the Lake County Library System automation system to the SirsiDynix library vendor's newest version of its proprietary software, "Symphony".
for approval of the submitted First Amendment to the Agreement between American
Towers, Inc. and
Request for approval and authorization to release a maintenance bond in the amount of $38,977.00 posted for Grand Island Oaks Phase II. Grand Island Oaks Phase II consists of 63 lots and is located in Section 32, Township 18 South, Range 26 East. Commission District 5.
Request for approval and authorization to execute change order #1 to the Hartle Road Realignment construction project, to BFG Lakeshore Ltd, in the amount of $40,397.95. Benefit District 5. Commission District 2.
Request for approval and authorization for Chairman to execute satisfactions of lien for the three (3) road assessments submitted. Commission District 4.
Commr. Cadwell advised the Board that a Work Session Meeting on the Landscaping Ordinance scheduled for today would be tentatively postponed until July 8, 2008.
Request for approval to Advertise Lot Grading Ordinance as reviewed and approved by the Lake County Land Planning Agency (LPA) on May 22, 2008. Staff recommends that Roads and Stormwater ponds be clarified as exempt from the Mass Grading requirement. Staff recommends that the exemption for lots greater than one-half acre be added to exemptions.
Commr. Renick stated that Tab 11 was a request to advertise a Lot Grading Ordinance as approved by the LPA which included the following language: “. . . recommends that the exemption for lots greater than one-half acre be added to exemptions.” She stated that she would like the Ordinance to be advertised including that language. She commented that if, after further discussion, something needed to be changed it could be done at that time.
Commr. Cadwell stated that at the Work Session on July 8, 2008, they may set aside some time for more discussion on this issue.
A motion was made by Commr. Renick and seconded by Commr. Stewart to advertise the Lot Grading Ordinance including the exemptions for greater than the one-half acre lot as originally proposed.
Under discussion, Commr. Cadwell asked if the Ordinance were advertised as stated by taking staff’s recommendation, could it be done without re-advertising.
Mr. Minkoff stated that was correct and it would be easier to leave the exemption in rather than going in the other direction.
Commr. Cadwell stated that there had been a motion and a second and called for a vote. The motion carried unanimously by a 5-0 vote.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
Request for approval and execution of Resolution No. 2008-91 for authorization of ($1,350,000.00) One Million, Three-Hundred and Fifty Thousand dollars in Industrial Revenue Bonds from Florida Development Finance Corporation to Florida Food Products Inc.
ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT
Mr. John Jolliff, Deputy Fire Chief, addressed the Board regarding Tab 6, a request for approval to apply for the Assistance to Firefighters Grant: Staffing for Adequate Fire and Emergency Response (SAFER) Grant. He stated that he originally requested nine firefighters and after reading the grant he found it had a lot to do with the national standard of two in/two out, which meant two firefighters would be ready to enter an atmosphere and the other two would be outside to rescue them if they were in danger. He commented that with this information he felt he would change his request from nine firefighters to twelve which would put four on duty in one of the areas they were projecting out a few years from now. He explained that Astatula was one of the communities where there was a gap and they planned to staff that area by 2010. He reported that if they were successful in obtaining the grant, it would take approximately one year to get the firefighters. He explained that to hire that many fire fighters for $500,000 by paying $50,000 the first year would be something worth shooting for. He requested approval to submit the grant to hire twelve firefighters to be placed in the Astatula station in late 2009 and into 2010.
Commr. Cadwell explained that they have not reached their goal of the two in/two out in all of the stations and asked what that would do to the level of service.
Mr. Jolliff stated that it was
interesting that about 51% of the time they were getting the number specified
by the national standard which was still low, as they would like to be at 90%
or nearing 100%. He commented that at
the present time they have trucks coming from different directions with three
firefighters arriving, standing by ready to go in, and waiting for the next
truck to arrive with three more firefighters.
He stated that with the addition of more firefighters it would put them
in better shape quicker and would help back up other areas. He explained that both
A motion was made by Commr. Stivender and seconded by Commr. Hill that the Board approve the request to submit a grant application to the United States Fire Administration Assistance to Firefighters Grant Program to hire twelve firefighters to be used in the Astatula area in late 2009 into 2010, at a substantial savings to the County.
A discussion ensued regarding the necessity of complying with the national standard if the grant money was accepted; why one station had more firefighters than another; and if the recent BEBR decision would affect the level of service.
Mr. Jolliff stated that the
national standard of two in/two out was the national recommended safety
standard, but that it was not tied to the grant. He commented that several stations such as
Astor had four firefighters due to the fact that they were so far out and that
South Clermont had more because it was an area along
Gary Kaiser, Director of Public Safety/Fire Chief,
interjected that this request was not predicated on growth. He stated that they were looking at a need
that exists now. He commented that they
have fire apparatus all over the place because they have a maintenance facility
there, but that they had no firefighters whatsoever. He explained that they had contracted with
the Town of
The Chairman called for a vote on the motion. The motion carried unanimously by a 5-0 vote.
Ms. Susan Irby, Employee Services Manager, addressed the Board regarding Tab 13 for approval to move forward with five vendors, some of which are current vendors and offer employee benefits, and some are new vendors offering employee benefits. These vendors include Minnesota Life for the Life Insurance and Accidental Death & Dismemberment; Mutual of Omaha for Long Term and a new Short Term Disability Plan; Bay Bridge Administrators for a new Cancer plan; U.S. Legal Services for a new legal services plan; and for Managed Behavioral Health to move forward having Blue Cross/Blue Shield administer that plan. She explained that the new plans would not cost the County, but rather would be paid for by employees on a voluntary basis and would enhance the benefits package by giving employees more choices. She stated that the vendors selected for the already enforced plans were able to match, or come in lower, than what the County and employees were currently paying and explained that the transition to the new vendors should not impact the employees in any way. She commented that with regard to Managed Behavioral Health, they planned to move forward with having Blue Cross/Blue Shield administer the plan and they would be going out in the next month to obtain quotes for the Employee Assisted Programs (EAP). She noted that LifeStream Behavioral Center, Inc., was on the Managed Behavioral Health plan.
On a motion by Commr. Hill,
seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board
approved the award for services and authorization of the Chairman to execute
all finalized contractual documentation. The Board also approved the
recommendation that there would be no award for the Managed Behavioral Health &
Employee Assistance Program (EAP) and amendment of the BlueCross BlueShield of
FOR HOMEBUYER SERVICES
Barnett Schwartzman, Procurement Services Director, addressed the Board
regarding Tab 14, which regards a contract in support of an ongoing
program. He stated that the award
submitted was the incumbent, Affordable Housing. He commented that the Agreement with the City
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the recommendation to award an agreement to Affordable Housing by Lake, Inc., for Homebuyer Services.
WILDLIFE HABITAT INCENTIVES
Mr. Jim Stivender, Public Works Director, addressed the Board stating that Tab 15 was a grant program by the United States Department of Agriculture (USDA), known as the Wildlife Habitat Incentives Program (WHIP), essentially to maintain rural lands and wildlife habitat. He stated that as they carry out controlled burning, improving and maintaining wildlife habitat in an amount worth $100,000 they could apply for reimbursement of those services. He commented that over the next couple of years they would apply for up to 75% reimbursement for maintenance of the property.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for funding through the Wildlife Habitat Incentives Program and authorized the Chairman to execute necessary documents to facilitate the request and that if additional documents were needed they would be approved by the County Attorney prior to the Chairman’s signature.
REZONING CONSENT AGENDA
Mr. Brian Sheahan, Planning and Community Design Director, stated that their public hearings had been properly noticed. He commented that the only change to the Consent Agenda was Item 6, CUP#87/6/1-3 for Mr. Peter G. Murray and Ms. Alma Powers and requested that the staff initiated revocation be removed as the Applicant had complied and corrected the violation that necessitated the revocation.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding the Consent Agenda, the Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Ordinance Nos. 2008-38, 2008-39, 2008-40 and 2008-41 (Tabs 1, 4, 5, and 7, respectively) of the Consent Agenda, and removed Tab 6, which was a staff initiated revocation being CUP#87/6/1-3 for Mr. Peter G. Murray and Ms. Alma Powers, as the Applicant had complied and corrected the violation that necessitated the revocation.
REZONING REGULAR AGENDA
Mr. Sheahan stated that the Regular Agenda consisted of Ordinance Nos. 2008-42 and 2008-43 (Tabs 2 and 3, respectively) stating that Tab 2 was CUP#08/6/1-5, for Ms. Marsha DeLong, Win-Del Stables, and Tab 3 was CUP#30-08-4, for Lake Swatara Properties, Inc.
REZONING CASE NO. CUP 08/6/1-5 – MS. MARSHA DELONG, WIN-DEL STABLES
Ms. Stacy Allen, Senior Planner, presented CUP#08/6/1-5, Tab 2, stating that the Applicant was requesting a Conditional Use Permit (CUP) in the Agriculture Zoning District to allow a riding stable/academy. She stated that the property was 10 acres in size and located in the Rural Future Land Use Category (FLUC) and that the Land Development Regulations allow this use in the Agriculture Zoning District with the issuance of a CUP providing that certain conditions are met. She commented that the use shall be located on a tract of land not less than 10 acres in size, and that the structures housing the animals shall not be less than two hundred (200) feet from the nearest right-of-way or adjacent property line owned by others. She reported that these conditions had been met and on March 13, 2008, the Board of Adjustment held a meeting where a variance was granted for the stable to be located closer than two hundred (200) feet from the property line. She explained that based on these findings staff supports this request for riding/stable academy and offers the recommendation for approval with conditions as set forth in the proposed Ordinance No. 2008-42. She stated that Ms. DeLong was present at the meeting.
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding Tab 2 of the Regular Agenda, the Chairman closed the public hearing.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2008-42 for CUP#08/6/1-5, Win-Del Stables, in the Agriculture Zoning District to allow a riding stable / academy.
REZONING CASE NO. PH#30-08-4 – LAKE SWATARA PROPERTIES, INC. / LESLIE CAMPIONE, P.A.
Rick Hartenstein, Senior Planner with Planning and Community Design, presented
Case No. PH#30-08-4, Lake Swatara Properties, Inc., represented by Ms. Leslie Campione. He stated that the Rural Future Land Use
Category (FLUC) is urban expansion which allows the maximum density of four
dwelling units to the acre, and that the present zoning is Planned Unit
Development (PUD). He explained that the
Applicant was requesting a text amendment to PUD Ordinance No. 2007-18 which
was in three parts: (1) A Waiver of the
central potable water service requirement for the Urban Expansion Future Land
Use Category (FLUC) under Land Development Regulation (LDR) Section 6.12.01 (A)
as it relates to the development of the Swatara Subdivision, Phase 1 (10 Lots);
and (2) amend PUD Ordinance #2007-18 Section 1 (F) to eliminate the requirement
for central water services for Phase 1 (10 Lots); and to clarify Section 1
(B)(3) regarding the agricultural uses to allow a wholesale nursery/tree farm
operation. He reported that the
Applicant’s request was reviewed for consistency with the Comprehensive Plan
and the LDR’s and that that the Comprehensive Plan requires development in the
Urban Expansion Future Land Use Category to connect to a public system if it is
available, and the LDRs require connection if development is located within 300
feet of the system. He explained that
the City of
He noted that there were two
versions of the Ordinance revisions which were part of the packet. He clarified that staff recommended approval
of Version 1, which was originally brought forward from the April 2, 2008,
Zoning Board hearing, and which contained some additional cleanup changes in
the wording, retained the requirement for the central water provisions, and
added clarification for the agricultural uses.
He explained that Version 2 was prepared after the June 4, 2008, Zoning
Board hearing and included the same cleanup language but added the provisions
for a waiver of the central water connection and eliminated the central water
requirements for Phase 1. It also
reduced the size of the six Phase 1 lots and provided the agricultural use
clarification language, and this all reflects the Zoning Board’s
recommendation. He stated that staff’s
determination was that this version was still inconsistent with the
Comprehensive Plan. He commented that
the Zoning Board’s recommendation was 7-0 for approval with the following
conditions: Approval of Condition 3, the
agricultural clarification language, and with the following modifications to
the Version 2 ordinance: “Developer
shall be required to request connection to the City of Eustis central water
supply system for fire protection and potable water service. If the City of
The Chairman opened the public hearing.
Ms. Leslie Campione requested
that the Board approve Version 2 stating that the language was acceptable to
them because it allows them to go to the City and ask for a connection to
potable water, which was available and should not present a problem. She explained that the problem was reaching a
mutually acceptable agreement and how to get that water connection for six
lots. She remarked that they had
eliminated their request for commercial uses on their corner, which they felt
was a very generous compromise and hard to do.
She commented that their first phase consisted of ten lots, and at the
public hearing before the Eustis City Council, she was informed that because of
the moratorium they would not give a water connection to any property owner
making that request. She stated that at
that point they applied for a waiver through the Planning and Zoning Board, who
asked that they eliminate four of the ten lots.
She reported that in order to meet open space requirements, they would
have to reduce their one acre lots to one-quarter acre lots. She explained that they were trying to create
a very small, exclusive setting with six homes on the lake and use the rest of
the property for agricultural uses. She
stated that they had already begun the process of developing a vineyard for the
property and were looking at using the University of Florida Grant Program to
plant muscadine grapes, but under the City’s LDRs and the definition of open
space in the Comprehensive Plan, they would not be permitted to have
agricultural uses on the property within that district. She also mentioned that another concern was
not being permitted to use any of the wetland property to meet the open space
Commr. Cadwell clarified with Ms. Campione that this project would be for agricultural uses on six lots on basically 30 acres.
The Chairman closed the public hearing.
Commr. Stivender disclosed that she talked to Ms. Campione about this case, and commented that she thought she had worked diligently on this project.
Commr. Hill and Commr. Cadwell disclosed that they had also talked to Ms. Campione within the last several months about this case.
Commr. Stewart stated that she sympathized with Ms. Campione’s predicament and that she liked what they were trying to do with this project, but she was concerned about the two requests that were against the Comprehensive Plan. She also felt strongly that the County and the cities had to start cooperating with each other, and she believed that the City would be cooperative in regard to this project. She also pointed out that the City’s moratorium should end in July.
Commr. Cadwell thought that they should use common sense to some extent to figure out what the intention of the rules were in this case and whether six lots on 30 acres with an agricultural operation would change the City of Eustis’ development pattern.
Commr. Hill commented that what Ms. Campione was proposing was lesser of an impact than what Eustis was requiring her to do.
Commr. Renick opined that it was unfortunate that a representative for Eustis was not present, but she did not foresee that Eustis would think this was a bad plan. She also commented that she was not familiar with Eustis’ LDR’s, and was concerned about approving something that was inconsistent with the Comprehensive Plan.
Commr. Hill commented that the water was available, and Ms. Campione was required to approach the City first, who had the right of first refusal.
On a motion by Commr. Stewart, seconded by Commr. Renick, it was requested that the Board approve the recommendation of staff and adopt Ordinance Version 1 including only request number 3, which failed by a 2-3 vote.
Those opposed were Commrs. Stivender, Hill and Cadwell.
a motion by Commissioner Stivender, seconded by Commr. Hill and carried by a
3-2 vote, the Board approved the adoption of Version 2 of Ordinance No. 2008-43
as recommended by the Planning and Zoning Board which would include the
approval of Condition 3, the agricultural use issue, and with the following
modifications to the Version 2 ordinance:
Developer shall be required to request connection to the City of Eustis
central water supply system for fire protection and potable water service. If the City of
Those opposed were Commrs. Stewart and Renick.
RECESS AND REASSEMBLY
At 10:00 a.m., the Chairman announced that the Board would recess until 10:15 a.m.
Commr. Cadwell stated that Tab 16, which was a request for approval and execution of a Resolution appointing a member to the Affordable Housing Advisory Committee, would be rescheduled for discussion with Ms. Liz Eginton, Housing and Community Development Director.
ADDENDUM NO. 1
Mr. Sandy Minkoff,
The Chairman asked for volunteers for the July 15, 2008, meeting.
Commrs. Stivender, Stewart and Cadwell volunteered to represent the three members of the BCC at the July 15 meeting.
a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by
a 5-0 vote, the Board approved a 2008 VAB organizational meeting to be held
July 15, 2008, with Commrs. Stivender, Stewart and Cadwell representing the
Board. The purpose of the organizational
meeting was to set in motion the process of hiring a private attorney to begin
the new VAB process in September and to advertise the vacant positions for the
School Board and the
PURCHASE OF PROPERTY ON SR 50 – DODGE DEALERSHIP
Mr. Minkoff discussed the purchase of the Dodge dealership on SR 50 in Clermont and stated that there was a current contract to purchase the dealership for $5.8 million, with a refundable $100,000 deposit if the Board chose not to complete the purchase within the specified timeframe. He stated that it was necessary for the Board to make a decision today as this was the last BCC Meeting before the deadline. He mentioned that he had spoken to the Seller’s attorney to obtain an extension of the time period without losing the deposit, but that the Seller did not agree to the extension, and rather suggested two alternatives: (1) To close on the property July 14, 2008, at which time $3.5 million in cash would be due with the remaining balance due in 30 days; and (2) to agree to a 30 day extension provided the $100,000 deposit would given to the Seller if the BCC elected not to purchase at the end of the 30 days. He explained that another alternative would be to exercise an option not to go forward with a written contract at this time, to discuss it further, and to suggest to the Seller that the BCC was still interested.
discussion ensued among the members of the Board and the
On a motion by Commr. Renick, seconded by Commr. Hill and carried by a 4-1 vote, the Board agreed to extend the current contract for 30 days with the understanding the wording would be changed and that the $100,000 which was soft would now be hard.
Commr. Stivender opposed the motion.
It was the consensus of the Board to grant Ms. Hall the flexibility requested in view of the fact that it would not change the bottom line.
REPORTS - COMMISSIONER STEWART – DISTRICT 4
Stewart stated that she and Commr. Stivender attended the United Way Annual
Meeting where numerous
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:20 a.m.
WELTON G. CADWELL, CHAIRMAN
NEIL KELLY, CLERK