NOVEMBER 17, 2009

The Lake County Board of County Commissioners met in regular session on Tuesday, November 17, 2009 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; Jimmy Conner; Elaine Renick; and Linda Stewart.  Others present were:  Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.


Commr. Cadwell announced that they would have a short presentation for their annual State of the County Address, followed by a regular meeting.  He commented that it had been a tough year for everyone and that they expect next year to be just as challenging.  He stated that they would have to work hard to try to continue to provide basic services without raising taxes.  He related that they had a great group of constitutional officers in this County that worked with them through the budget process trying to do everything they could to help them, and he introduced Mr. Bob McKee, Tax Collector; Sheriff Gary Borders; Ms. Emogene Stegall, Supervisor of Elections; Mr. Ed Havill, Property Appraiser (not present); and Mr. Neil Kelly, Clerk of the Court.


Chaplain Bob Whitworth from the Lake County Sheriff’s Office gave the Invocation, and Sheriff Borders led the Pledge of Allegiance.

women’s hall of fame

Commr. Conner stated that it was a great honor for him to introduce Ms. Doris Ragan, who was a person he has admired all of his life, and who has always been a pillar of both the church and the school.  He specified that he was one of her students at Tavares High School, where she had been a teacher for decades.  He commented that she cared about her students and made them stay after school if they did not learn and study.  He assured Ms. Ragan that she has impacted a lot of people in this community and was universally respected.  He reported that she was a native of Sanford, graduated from the Tennessee College for Women in Nashville, moved to Tavares in 1946, and taught a variety of subjects including English, Spanish, Civics, Music, Journalism, and Physical Education at Tavares High School from 1946 to 1981.  He pointed out that she was a tireless volunteer who donated about 500 hours of her time annually, and she has won numerous blue ribbons and awards for her gardening, some of which she donates to hospital patients and shut-ins.  He mentioned that she has been a member of many organizations over the years.  He stated that it was an honor to welcome Ms. Doris Ragan to the Lake County Women’s Hall of Fame.

Ms. Ragan asked for all of her former students to stand up, and she stated that she was very proud of her former students.  She commented that she was thrilled to get nominated for the Women’s Hall of Fame.

Commr. Cadwell commented that both of the inductees today were long overdue, and it was a shame that they waited until it was too late for one of them to receive the award in person.

Commr. Stewart commented that she was glad to be part of today’s ceremony.  She reported that the second inductee, Alta C. Trask, passed away on April 8, 2009 and was an instrumental figure in the City of Eustis.  She stated that Ms. Trask came to Eustis from Ohio in 1977 after retiring from a successful career as an educator and school administrator.  She noted that she was the first female Eustis commissioner serving from 1985 to 1988 and was the first female Eustis mayor during her tenure in 1986.  She stated that the City of Eustis proclaimed July 16, 2009 as Alta C. Trask Day to honor her memory and the example she set.  She also served on numerous governmental committees, including the Lake County League of Cities, Eustis Police Officers Pension Board of Trustees, Eustis Memorial Library Foundation, and the Ferran Park Beautification Committee, and has demonstrated her community interest by her memberships in organizations such as the Eustis Women’s Club, the Azalea Garden Club, the Historical Museum and Preservation Society, and the Lake Eustis Museum of Art.  She welcomed Ms. Trask to the Women’s Hall of Fame.

Eustis Mayor Karen LeHeup-Smith accepted the honor on behalf of Ms. Trask, commenting that she was truly a citizen of Eustis and Lake County.  She stated that Ms. Trask was instrumental in making Ferran Park beautiful and that she was someone people could depend upon.  She thanked the Board on behalf of the Alta Trask family and the City of Eustis.

food bank donations

Commr. Cadwell announced that every year the business community has helped the County with this event so that they did not have to use tax dollars to do that, but this year they changed the focus by not providing any refreshments and donating the money left over from other events to local food banks.

Commr. Hill stated that in past years the County has used the State of the County event to recognize a host of community partners, including the Chamber of Commerce, growing businesses, and altruistic organizations, and this year the Board thought it was important to recognize some of their local food banks.  She commented that because of economic difficulties, many people find themselves unable to afford food.  She related that their local area food banks have stepped in to lend a helping hand to those families.

Commr. Renick announced that the Board would like to express its sincere appreciation to the local food banks and that it was with great honor and privilege that they pay tribute to those community food banks from each County Commission district, with private donations and the nonperishable food items that were collected.  She read the names of the organizations to recognize each food bank, which were the Outward Sign Food Pantry in Clermont, the Altoona-Paisley Food Distribution Center in Altoona, the Faith Neighborhood Center in Groveland, the Benevolent Center in Leesburg, and the Lake Cares Food Pantry in Mount Dora and presented a check from the County to each food bank.

state of the county presentation

Commr. Cadwell announced that the County has done the presentation differently this year, forgoing distribution of the usual distinctive booklet, and they would show a video presentation that was put together by the Information Outreach Division.

The video pointed out that many accomplishments were achieved by the Board this past fiscal year, with focus on public investments such as parks and libraries to improve the community which not only put hundreds of people to work during the construction phase, but added immeasurable benefits to the community and the potential to improve the County’s economic outlook.  It was noted that the 96-acre North Lake Community Park, opened in May 2009, is the largest recreational complex managed by the Parks and Trails Division and is located east of the City of Umatilla, which features many amenities including an expansive playground area, trails, picnic pavilions, basketball and tennis courts, and multi-use fields.  It was also noted that the Communication Technology Division of Public Safety introduced a new county-wide 800 MHz public safety radio system in July, 2009 which allows for the coordination of all local emergency response services, including the Lake County Sheriff’s Office, Lake County Fire Rescue, and all municipal police and fire departments.  The presentation pointed out the opening of the new two-story 50,000 square foot Cooper Memorial Library in August 2009 on Lake-Sumter Community College’s South Lake campus, which was a collaborative project between Lake County, Lake-Sumter Community College, and the University of Central Florida. 

The Department of Employee Services initiated a process improvement program for customer service operations with 71 improvements in county operations, including automating the procurement bid process, adding adoptable pets to the County’s website, implementing call-ahead orders for Public Works maps, and enhanced training for tourism employees to better respond to questions.  The First Lake County Green Fair was held in Wooten Park in Tavares on November 1, 2008, and more than 1500 visitors and 75 exhibitors attended.  The Green Fair gave out environmental information and gave an opportunity for the community to dispose of household hazardous chemicals and recyclables.  The Stormwater Division, Department of Public Works, embarked on its most aggressive improvement program in 2009, and the construction of regional ponds helped reduce pollutants to area lakes.  The presentation also noted that representatives from more than 300 businesses came to the Administration Building in February, 2009 for the opportunity to meet with procurement officials from local governments and agencies throughout the County, including Lake County government, Lake Sumter Community College, Sheriff’s Office, Clerk of Courts, Lake County Schools, Eustis, Lady Lake, Leesburg, and Tavares.

Lake County partnered with the City of Leesburg and the University of Central Florida research foundation to strengthen a business incubator at the Leesburg Business and Technology Center, which provides tools, training, and infrastructure to start-up businesses.  It was opined that business incubation is a critical element of economic development strategists.  The Department of Conservation and Compliance unveiled a searchable data base of opened and closed code enforcement cases and compliance on the County’s website.  In the summer of 2009, the Department of Facilities Development and Management completed one of the County’s largest facility projects to date, an 8-story 1,547-space parking garage, central energy plant, and two-story office building for the Tax Collector and Property Appraiser offices.  The Economic Growth and Redevelopment Department launched a new website this year featuring County demographics as well as available business resources and information on its incentives programs.  The Department of Community Services hosted three public assistance days in June, July, and August of 2009 to bring needed services to those who could not access the variety of public service providers.  It was noted that Lake County was awarded funding from the American Recovery and Reinvestment Act for a variety of projects, including $8 million for road resurfacing and bridge replacement projects and $3 million to improve services for the Public Transportation Division such as purchasing new vehicles and bus shelters.  A new LakeXpress bus route was mentioned that runs from the Altoona post office on SR 19 to Zellwood on US Hwy 441, in addition to its three other routes.  Also, County government reorganized this past fiscal year to improve operational efficiency and effectiveness.

recess and reassembly

At 9:40 a.m. the Chairman announced a recess until 10:00.

Agenda update

Mr. Sandy Minkoff, Interim County Manager, stated that he would like to withdraw Tab 16 and would bring it back to the Board after they do a little more work on it.

Commr. Renick stated that she had asked Mr. Minkoff to postpone that so that he could look into something for her regarding a convicted felon benefit.  She opined that the success of these programs was based on people believing that they would go to the truly deserving, and she asked Mr. Minkoff to look at some language to see if there would be some way that repeat offenders do not qualify.

Ms. Melanie Marsh, Acting County Attorney, stated that she needed to add an item regarding the Groveland annexation under her business which would not require a vote.


On a motion by Commr. Conner, seconded by Commr. Renick, and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 22, 2009 (Regular Meeting), October 6, 2009 (Regular Meeting), and October 20, 2009 (Regular Meeting) as presented.


On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, 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.

Town of Montverde audit report for FY 2008

Town of Montverde audit report for Fiscal Year 2008.

Notification of St. Johns FY 2010-2011 Budget Hearings

St. Johns River Water Management District Advanced Notification of FY 2010-2011 Budget Hearings.

Water Authority Final Budget for FY 2009-2010

Lake County Water Authority’s Final Budget for FY 2009-2010.

Water Authority 2008 Annual Report and Five Year Plan

Lake County Water Authority 2008 Annual Report and 2008-2013 Five Year Plan, in accordance with Chapter 2005-314, Laws of Florida, with cover letter.

Division of Forestry’s 2008-09 Fiscal Year Annual Report

Division of Forestry’s Cooperative Forestry Assistance Program and Fire Prevention’s 2008-2009 Fiscal Year Annual Report.

Notice Before the Florida Public Service Commission

Notice before the Florida Public Service Commission – In re: Request for approval of imposition of miscellaneous service charges, delinquent payment charge and meter tampering charge in Lake County, by Pine Harbour Water Utilities, LLC., Docket No. 090429-WU, Order No. PSC-09-0709-PCO-WU.


Commr. Conner commented that he was pleased that the intersection improvements were going to be done by a Clermont company that had the low bid on Tab 11.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 12 as follows:


Request for approval of the following Budget Change Request:

Budget transfer – County Fire Rescue Fund, Department of Public Safety, Fire Rescue Division.  Transfer $26,513 from Reserve for Operations to Transfer – Property Appraiser.  Funds are needed to cover commissions charged by the Property Appraiser for servicing the Fire/Emergency Medical Services MSTU.  There were no commissions budgeted in prior years as Fiscal Year 2008-09 was the first year of the new MSTU and commissions are based on the prior year’s taxes levied.  Funds are available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $262,271.


Request for approval of the following budget change requests and resolution to reconcile budgeted to actual expenditures for all major object codes for Fiscal Year 2008-09 in accordance with County Policy LCC-36 and generally accepted accounting principles:

1.  Budget transfer – County Transportation Trust Fund, Department of Public Works.  Transfer $75,000 from Reserve for Operations to 9th Cent Gas Tax - Cities.  Resolution 1982-84 allows a 50% portion of the 9th cent gas tax revenue received to be passed on to various municipalities, divided among them on a per capita basis formula.  Revenues posted in Fiscal Year 2008-09 exceeded expectations, resulting in additional distributions to the municipalities.  Funds available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $575,028.

2.  Budget transfer - Parks Capital Projects Fund, Department of Public Resources, Parks and Trails Division. Transfer $4,135 from Reserve for Operations to PEAR Park - Improvements Other Than Buildings.  Expenditures initially charged to the Parks Impact Fee – Central District Fund for PEAR Park will be reclassified to the Parks Capital Projects Fund.  Funds are available in Reserve for Operations.  After this transfer, the balance in the Reserve for Operations account will be $19,428.

3.  Budget transfer – MSTU - Parks Section Fund, Department of Public Resources, Parks and Trails Division. Transfer $141,845 from Reserve for Contingency to Repair and Maintenance – Ferndale Preserve ($108,880), Repair and Maintenance ($30,620) and Transfer – Tax Collector ($2,345).  Expenditures initially charged to Parks Impact Fee – South District Fund for Ferndale Preserve will be reclassified to the MSTU - Parks Section Fund.  Funds are also needed for an outstanding invoice for grounds maintenance, and the transfer to the Tax Collector.  Funds available in Reserve for Contingency.  After this transfer, the balance in the Reserve for Contingency account will be $95,267.

4.  Budget transfer - General Fund, Property Appraiser.  Transfer $39,366 from Communications and Freight (Non-Departmental) to Communications and Freight (Property Appraiser) ($38,591) and Transfer – Property Appraiser ($775).  Transfer funds to cover additional expenses related to the printing and mailing of TRIM notices.  Additional funds are also requested to reconcile the budgeted transfer to the Property Appraiser with the actual amount transferred.

5.  Budget transfer - General Fund, Tax Collector.  Transfer $439,354 from Special Reserve to Transfer – Tax Collector.  The transfer is needed to cover additional commissions to the Tax Collector.  These commissions will be offset by additional excess fees returned by the Tax Collector at year’s end.  It is estimated approximately $5,000,000 in excess fees will be returned by the Tax Collector for Fiscal Year 2008-09, which is $500,000 more than originally estimated.  Pursuant to F.S. 192.091 the Board of County Commissioners is responsible for the payment of commissions from the General Fund on general ad valorem taxes and for taxes levied for the School Board.  The total amount of commissions transferred to the Tax Collector from the General Fund for Fiscal Year 2008-09 was $5,229,653 ($1,898,769 – General Ad Valorem and $3,330,884 – School Board).

6.  Budget transfer – General Fund, Sheriff.  Transfer $1,885,200 from Law Enforcement – Operating ($1,487,000), Jail Operations – Operating ($382,200), and Bailiff – Operating ($16,000) to Law Enforcement – Sheriff ($777), Law Enforcement – Deputies ($679,223), Jail Operations – Deputies ($1,007,100), and Bailiff – Deputies ($198,100).  The transfer is needed to reconcile budgeted to actual expenditures in the transfer to the Sheriff’s Office as outlined in a memo from the Sheriff.  No additional funds are requested; the transfer will realign already appropriated amounts.

7.  Budget transfer – General Fund, Supervisor of Elections.  Transfer $42,250 from Insurance to Repair and Maintenance.  A transfer is needed to cover an invoice for additional maintenance in Fiscal Year 2008-09 for the DS-200 voting machines, which replaced the Ivotronics voting machines decertified by the State of Florida in 2007.

8.  Resolution No. 2009-163 to amend the General Fund in order to reduce revenue for Fiscal Year 2008-09 in the amount of $77,938 from Police Services – Minneola and reduce appropriations for the disbursement of these funds.  The Lake County Sheriff’s Office has modified their agreement with the City of Minneola for law enforcement services for Fiscal Year 2008.

Community Services

Request for approval of the Agency for Persons with Disabilities Med Waiver Services Agreement for FY 09-10 and FY 10-11.

Growth Management

Request to approve and authorize the Chairman to sign the FY 2008-09 CDBG-R Partnership Agreement between the County and the City of Tavares in an amount not to exceed $24,540.00 and to direct the Growth Management Department to execute the agreement and oversee completion of the project covered in the Scope of Services.


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

Public Resources

Request for approval to apply for Gopher Tortoise Habitat Management Assistance from the Florida Fish and Wildlife Conservation Commission.

Request for approval of recommended branch library closings for calendar year 2010.

Request for adoption of the FY 09/10 Annual Plan of Service and Combined Budget for the Lake County Library System.

Public Works

Request for authorization to award the CR-437 Intersection with #4583 Wolf Branch Road and Wallick Road Extension Project No. 2010-01, Bid No. 10-0004, to Boykin Construction, Inc. in the amount of $855,580.80, and encumber and expend funds in the amount of $855,580.80 from the Road Impact Fees Benefit District 2 Fund. Commission District 4.

Request for approval and execution of a purchase agreement with Charles E. Bosserman, III, for the purchase of a parcel of land for a water retention area, and right of way and easements for the C470/C48 Road Project in the Leesburg area (SDY01003) Commission District 3.


On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 13, as follows:

Request for approval of Sumter Electric Perpetual Utility Easement at Lake May Reserve (Alt Keys 1039908, 1109213, 3396162, 3672046, and 3870979) located northeast of the intersection of CR44A and North CR44A and authorize Chairman to execute Easement document.


hospice month proclamation

Commr. Stewart presented Proclamation No. 2009-164 proclaiming the month of November 2009 as Hospice Month in Lake County to Cheryl Rumbley, Community Relations Coordinator, Lake and Sumter Counties, Cornerstone Hospice.

gis day proclamation

Commr. Stewart presented GIS Day Proclamation No.2009-165 to GIS Director Kevin Willis, recognizing November 18th, 2009 as GIS Day in Lake County.


economic growth and redevelopment

energy efficiency and conservation strategy

Ms. Dottie Keedy, Director of Economic Growth and Redevelopment, recapped that at the last presentation the Cadmus Group made of the energy strategy two weeks ago, the Board directed them to get input from the Industry Cluster Committee.  She related that most of the comments from that committee related that the strategy did carry out the activities that they were asked to do, along with comments added to the strategy to clarify sustaining the benefits beyond the funding period added to question No. 5.  She mentioned that the MPO also provided some additional language on regional coordination and cooperation under No. 6.

Mr. Minkoff clarified that there were no changes to any of the worksheets.

Commr. Conner thanked the EDC and the Infrastructure Committee for reviewing this and giving them an independent look from business people on how they were spending this money.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 17, the draft Energy Efficiency and Conservation Strategy (EECS) by the Cadmus Group as part of the Energy Efficiency and Conservation Block Grant (EECBG) Program.


contract to build mosquito control vehicle wash station

Mr. Bob McCullough, Maintenance Division Director, Facilities Management, explained that this project addresses the chemicals that are washed off the vehicles at Mosquito Control to collect and treat them before putting them into the city sewer.  He noted that this was to get them in compliance with the Department of Environmental Protection.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 18, the request from Procurement for approval and execution of a construction contract in the amount of $65,700.00 to Southern Building Services, Inc. to build a mosquito control vehicle and equipment wash station with biological recycle/discharge system in conjunction with the County's needs.

public works

hollondel road stormwater retrofit project amendment

Mr. Jim Stivender, Public Works Director, stated that Tab 19 was Amendment 1 to the Agreement between the Board and the Florida Department of Environmental Protection (DEP), and they just completed the Hollondel Road stormwater pond.  He explained that DEP was a 50 percent partner in that, and the actual bid was $816,643.  This item was to accept the $408,000 from DEP for the 50/50 match grant on completion of this project.

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 19, the request from Public Works for approval of Amendment 1 of the Agreement between Lake County Board of County Commissioners and Florida Department of Environmental Protection, to provide financial assistance for the Hollondel Road Stormwater Retrofit Project. Commission District 3.

dead river stormwater retrofit project agreement

Mr. Stivender explained that Tab 20 was also a Lake County and DEP Agreement for financial assistance on the Dead River Stormwater Retrofit, which was a 60/40 grant.  He specified that the actual amount for the project was $1.5 million, and DEP’s share would be $575,000.  He thanked Ms. Mary Hamilton, Stormwater Project Manager, for getting these grants and working through these projects as well as everyone who lived in Imperial Terrace West along Dead River for being patient with the contractor regarding the tearing up of all the streets in that area.  He recommended approval of this agreement.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 20, a request from Public Works for approval of Agreement between Lake County Board of County Commissioners and Florida Department of Environmental Protection to provide financial assistance for the Dead River Stormwater Retrofit Project. - Commission District 3.

resolution from town of howey-in-the-hills

Mr. Stivender noted that Tab 22 was just a presentation about a project that was funded by impact fees with the Town of Howey-in-the-Hills.  He stated that they have gone through the study process, but the next step would be to start putting things in the County’s road program as the City requested.  He further explained that it was initiated by the City, and any future programming would be initiated by them and requested through the County’s five-year work program.

Mr. Frank Wantanbe from Neel-Shaffer, Inc., a consulting engineering firm with the Town of Howey-in-the-Hills (Howey) gave a brief presentation regarding the Preliminary Engineering Report covering two roadways, which were E. Revels Road, a County roadway, and S. Lakeshore Blvd, which was in Howey.  He related that the actual project was mainly just to look at potential widening, resurfacing, and improvements to the roadway due to concerns with safety and added bus traffic as a result of a new school. He commented that the roadway currently was between 17 and 19 feet wide and not up to standard.  They also looked at realigning the road south at SR 19 and E. Revels Road to make it more perpendicular like a true intersection, as well as adding some left-turn lanes at the intersections of E. Revels Road with both SR 19 and Buckhill Road.  He related that they had several public meetings for this project, met monthly with the Community Safety Committee, and met with the Planning and Zoning Commission.  During the engineering process, they looked at three different options in addition to a no-build, which were a traditional 30-foot width with two travel and two bike lanes (option A), a scaled-down 24-foot version with two 10-foot travel lanes with 2-foot paved shoulders (option B), and a 20-foot roadway with two 10-foot lanes with two 6-inch concrete ribbons on the edge (option C).  They also prepared a matrix to look at the overall summary and identify any fatal flaws, such as environmental or controversial issues.  He pointed out that there were no right-of-way or environmental issues, no mature trees being impacted, no traffic issues, and very few drainage issues.

He noted that the real issue was public concern and input in terms of widening of the roadway.  He specified that the FDOT construction cost estimates of the three options were $1.2 million for Option A, $940,000 for Option B, and $920,000 for Option C, but that the real cost of the construction should be 25 to 30 percent less than these estimates due to current economic conditions.  He related that the City Council approved the report and the resolution in support of Alternative B and for funding the design and construction; and the next phase would be to move into final design and permitting which was scheduled for 2010.  He related that the construction was currently unfunded, but the design and permitting were funded.

Councilor Bonnie Nebel from the Howey-in-the-Hills Town Council stated that three years ago when the Council was first approached about the road, they already had a safety commission in their town looking at a 5-year and 10-year projection of growth.  She related that they had a very small budget, and the road was very deteriorated at that time.  They decided to try to secure beautification money and add bicycle paths, because there was some funding in their district that would look favorably on that.  Since that time, the Lake Hills School had opened, the road has gotten worse every day, and there was little room for other vehicles when school buses were on that road.  She commented that their roadway has deteriorated about 12 to 18 inches more, and the School Board did not have the money to change their roadway access and egress of the school until they would build the middle school in about 8 or 9 years.  She informed the Board that the Howey-in-the-Hills Town Council members were all committed to that roadway.  She stated that they looked at the 20-foot wide road with the ribbon on either side, but they were concerned that the ribbon would deteriorate within two years due to the school buses and traffic that travel on it.  They hoped that they could compromise by getting a regular road with two feet on each side to allow plenty of leeway for all traffic to travel safely.

Councilor Barry Crowler from the Howey-in-the-Hills Council, clarified that the town’s Planning and Zoning Commission recommended a 30-foot widening, which was Option A, and the Town Council at the time adopted Option B unanimously.   He reported that on their April 28 public meeting, the comment cards that were handed in indicated that Option C was the overwhelming choice by the town residents and that 70 percent of their residents picked either Option C or the no-build option.  He felt that the issue was making an ingress and egress route for the school from E. Revels Road rather than going against what appears to be the public’s wishes for Lakeshore Blvd.  One of his concerns was the funding, since the Town of Howey could not afford to pay for this project, and he believed the citizens should decide how to spend the impact fee money rather than the government.  He was hoping that they could make a presentation to convince the town to ultimately go to a 21-foot option, which he thought would solve the traffic issues, and he pointed out that E. Revels Road was already resurfaced by the County three years ago.

Mayor Chris Sears from Howey pointed out that they had spent well over a year looking at the options, and he thanked the Board for their consideration in allowing them to move forward with those projects.  He stated that it was thought that the 24-foot road was a nice compromise between the bicycle interests and keeping the charming rural atmosphere, as well as keeping in mind future schools that could be constructed.

Mr. Stivender explained that the request was just for acceptance of the report that was voted on by the City of Howey and forwarded to the Board.  He noted that this project was not funded, and the only thing that was in the five-year plan was to move forward with the design.  He added that since there were currently no capital dollars for this project, it would not be built until at least 2015, unless something unexpectedly happened regarding revenue.

Commr. Renick commented that there were so many roads that they desperately needed to do that were not controversial, and she asked why this one could not be put on hold until they get to the point where they felt they could put it into the five-year plan.

Commr. Cadwell pointed out that if it was not in the plan, they might miss out on some funding options that could become available in the next few years, and the City was continually looking for other funding mechanisms.

Mr. Stivender added that there was a better chance to get funding such as grants for something that was shovel-ready.

Mr. Conner asked how much money it would cost to do the design of that road.

Mr. Stivender responded that they had budgeted $100,000 for the design.  He informed the Board that all 14 cities in the County collected impact fees and became partners with them, and in this case the town took the lead on this project to hire the consultant to manage the job.  He added that they were trying to support what the local government was trying to do.

Mr. Conner opined that since a large portion of the money was generated from within the Town of Howey, and the County was just collecting it, he felt that the money belonged to the Town.  He commented that he could see both sides of this issue, and he thought they should defer to the local government.

Commr. Stewart expressed concern about the project, since it seemed that it was controversial in Howey with a majority of the citizens against it.  She was concerned about spending money on the design if new councilors were elected in the next city election that did not want it.

Commr. Conner asked if the project would need to be redesigned in five years.

Mr. Stivender answered that this type of project with fundamental stormwater should still be viable until at least 2016, and the permits and design should be completed within a year.

On a motion by Commr. Conner, seconded by Commr. Hill and carried by a vote of 3-2, the Board approved the request from Public Works for acceptance of Resolution 2009-008 from the Town of Howey-in-the-Hills for the E. Revels Rd. & S. Lakeshore Blvd. Preliminary Study Report dated August 10, 2009, Project # W&R08033 CD 3; BD 4.

lap agreement with dot for picciola bridge stimulus project

Mr. Stivender recommended that the Board approve to de-obligate the money for eight projects and reallocate it as a new LAP (Local Agency Program) project for the Picciola Bridge, specifying that the estimated price for the bridge was $3.3 million.  He noted that they had to have that bid out by the end of this year, and their bid opening would be December 30.  He emphasized that they had to get the paperwork sent back to DOT today to advertise the job.  He related that the infrastructure sales tax in 2010-11 already had $1.7 million for this bridge, which would be used after the DOT dollars were used.

Commr. Hill mentioned that the Picciola Bridge was on the MPO project list also.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 22, the request from Public Works to approve entering into a Local Agency Program (LAP) agreement with FDOT for stimulus funds to replace the Picciola Bridge (CR 466A) near Fruitland Park; approve releasing funds back to FDOT available from the Stimulus Round One bidding, reallocate to Picciola Bridge Project and Resolution No.’s 2009-168 through 2009-176; and approval to move forward with any and all requirements associated with the construction of the Picciola Bridge. The LAP agreement will state that Lake County has to upfront the cost and be reimbursed as the project progresses.

public hearing

RESOLUTION adjusting fy 2009-10 budget

Mr. Doug Krueger, Fiscal and Administrative Services Director, requested that the Board approve some rebudgeting of their purchase orders and reconciliation of some grant and other project rebudgets, and stated that the public hearing was advertised in the newspaper on Friday, November 13.  He specified that there was about $23.6 million worth of purchase orders that were being carried forward from fiscal year 2008-09 to 2009-10.  He related that they had provided the Board with an agenda item in October that estimated this to be $27.3 million, and the actual amount was less because some of those purchase orders were closed out in 2008-09.  They were also requesting approval for about $3.3 million for rebudgeting of grant and projects, and they have worked closely with Clerk Finance on the grant rebudgets to make sure that those reflect the latest information associated with those grants, the largest of which was about $1 million in stimulus money for the purchase of 14 paratransit vehicles.  He reported that there was about $1.6 million that was being reappropriated for routing software and E911 equipment and about $541,000 for the Sheriff’s substation in South Lake County.  He explained that all of these funds were basically prior year revenues, but some of the grant money was new revenue that was being appropriated in this fiscal year.

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. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2009-166 adjusting the Fiscal Year 2009-10 budget, appropriating the balance of funding on various purchase orders from Fiscal Year 2008-09 that remained open as of September 30, 2009, as well as rebudgeting funding for grants and projects from Fiscal Year 2008-09 that remained unexpended as of September 30, 2009.

other business

appointments to solid waste alternatives task force

Commr. Cadwell stated that he had talked to several people who were interested but have not committed yet to being on the Solid Waste Alternatives Task Force, and he asked to postpone these appointments.

Commr. Conner agreed that they postpone this, and commented that when they select that committee they needed to appoint all of the members together to make sure that they get the diversity and expertise on the committee that they needed, rather than doing it piecemeal.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to postpone Tab 24, the appointment of individuals to the newly created Solid Waste Alternatives Task Force.

appointment to affordable housing advisory committee

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed Mr. Richard G. Backus to the Affordable Housing Advisory Committee as a resident actively engaged as a for-profit provider of affordable housing, and approved Resolution No. 2009-167.


stipulated settlement agreement regarding royal equestrian

Ms. Melanie Marsh, Acting County Attorney, requested approval of the Stipulated Settlement Agreement in DCA vs. Royal Equestrian, and specified that it requires that all the wetlands be put in a conservation easement and that the maximum impervious surface of each lot would be 30 percent.

Commr. Renick pointed out that this was not regarding an approval that this Commission made, but was a vested development.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 26, the Approval of the Stipulated Settlement Agreement in DCA vs. Royal Equestrian Dev. Inc., Hayssam Elkoussa, and Lake County.

annexations in groveland area

Ms. Marsh gave the Board an update regarding annexation of some roadways in the Groveland area, stating that they had the first reading of that last night, November 16.  She noted that the City was made aware by the city attorney that Lake County was still looking into that.  She stated that Groveland would withdraw it if the County objected.  She related that she would be meeting with staff this week to go over the roadways they wanted to annex and what may be the result of that if there were any enclaves.


solid waste discussions

Mr. Sandy Minkoff, Interim County Manager, reported that he and Commr. Cadwell met with seven counties to the north and west, and they would be meeting with the counties to their east and south to do a regional discussion on solid waste.  He added that Commr. Cadwell was inviting the mayors or chairmen of all the city councils in Lake County to meet and discuss the post-2014 solid waste disposal and regionalization.  He also informed the Board that they have set the meeting with Covanta for November 30 at 9:30 a.m. in the Agricultural Center Training Room, which they would be advertising.

repair of elevator

Mr. Minkoff informed the Board that they were making an emergency purchase today to repair the elevator at the Public Defender’s building, since that elevator has been out of order for about a month.  He mentioned that it was usually outside his authority, but he could do that under the rules on an emergency basis, and they would be bringing that back to the Board.  He related that by moving quickly, he thought they could get it fixed in about three weeks.


martin luther king proclamation

Commr. Hill stated that each year they participated in the Dr. Martin Luther King commemorative celebration, and she inquired whether the Board would like to participate again this coming year and at what level.

Commr. Cadwell stated that they would do a proclamation and directed Mr. Minkoff to check to see what they did last year and to put that issue on the agenda.

Commr. Hill noted that they usually presented the proclamation at the First Unity Breakfast, which was January 8 this year.

mt. plymouth/sorrento community meeting

Commr. Hill related that she attended the Mt. Plymouth/Sorrento community meeting with the County Manager.  She specified that Ms. Lynn Tipton, Director of Membership Development from the Florida League of Cities was the speaker, who spoke about the possibility of an e-corporation.  She mentioned that she made copies of the informational sheets that were provided for each of the Commissioners.

reports – commissioner renick – district 2

national hunger and homelessness awareness week resolution

Commr. Renick mentioned that the Board did their part to bring awareness regarding hunger at the State of the County presentation this morning and that there were so many other people that were tackling this huge problem.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 5-0, the Board approved Resolution No. 2009-177 proclaiming November 13-21, 2009 as National Hunger and Homelessness Awareness Week.


resolution supporting specialty license plates for military academies

Commr. Stewart explained that Senator Richter from Naples was preparing a bill to be introduced in 2010 to implement the idea of a new specialty license plate recognizing military academies, and there was currently a moratorium on new license plates until July of 2011.  She related that the senator wanted to get this bill in the queue and passed this session so that the plates would be available for issue when the moratorium is lifted.  She commented that the people that go to the military academies sacrifice a lot for our country and our freedom.

Commr. Hill asked where the money that is collected for the license plates go.

Ms. Marsh responded that according to the bill, the revenues will go to the United Service Organization and must be used solely to support the troops by providing morale, welfare, and recreational services to men and women serving in the Armed Forces of the United States.

On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2009-178 supporting the creation of a Series of Specialty License Plates to recognize the contributions of graduates of the five United States Service Academies.

thoughts and prayers for mrs. hunter

Commr. Stewart mentioned that Mr. Roy Hunter made regular appearances at the Board meetings, and asked everyone for their thoughts and prayers for him and his wife Francine, who has been in the hospital for quite a while and is still struggling.


Mr. Steve Barber, a resident of Howey-in-the-Hills, thanked the Board for passing the military academy license plate resolution and mentioned that he was a 1975 graduate of the Air Force Academy.  He pointed out that recently Howey displaced an appointee on the town council and elected someone responsive to the majority of the town constituents, and they expected to replace more of the town council with other council people that are responsive to the people of the town.


Ms. Janice McLain, a resident of Howey-in-the-Hills, discussed the Resolution from the Town regarding roadwork for E. Revels Road and S. Lakeshore Blvd. mentioned in Tab 21, and she thanked Mr. Fred Schneider, Engineering Director, Public Works, for doing a wonderful job, providing the residents with information, and helping the City Council come up with a compromise position.  She related that the citizens were told initially that they could only have a 30-foot road and that they were up in arms over that, but Mr. Schneider let them know that there were other options.  She pointed out that they did a lot of work to get over 540 signatures out of the 850 voters in Howey on petitions against widening of the road, and they did not want a lot of traffic on the lakefront.  They looked at a nice 21-foot rural road in Mount Dora, and she felt that a similar road would be a good compromise; however, the City Council voted for the 24-foot version.  She opined that the incumbent at the last election was voted out mainly because the residents felt that the town council was not listening to the people on this issue in particular.


Mr. Charlie Bash also spoke regarding the roadwork in Howey-in-the-Hills, and stated that he felt under-represented since he lived outside of the town.  He commented that he moved to a rural neighborhood on E. Revels Road that had a certain character to it, and he became concerned when he heard about the possibility of a wider road going past his home.  He pointed out that Revels Road had already been repaved, and he expressed concern that the cost of the engineering study would be about $300,000.

recess and reassembly

The Chairman announced a ten-minute recess at 11:25 a.m.

comprehensive plan workshop

Ms. Amye King, Growth Management Director, announced that this was the final workshop on the Comprehensive Plan prior to the transmittal hearing that was scheduled for January.  She stated that staff had finished the analysis that the Board had asked them to do as a result of the public workshops that were held in Cassia, Tavares, and Clermont, and they also would be discussing four items that did not make it into the packet at the end of the agenda item, which were Austin Carriage, Anita Simpson, the Whitaker property, and the common open space issue brought up by Mr. Pospisil.

economic development advisory council presentation

Dr. Charles Mojock, President of Lake Sumter Community College and Chairman of the Economic Development Advisory Council (EDAC), mentioned that they had over 80 volunteers working with them, and the committee had spent a lot of time working on this.  He requested that they walk through their recommendations with the Board.

Commr. Cadwell stated that they would be going through those with staff.

Mr. David Pape, Chairman of the Infrastructure Committee, thanked all of the members of the committee for putting this together, and he noted that the committee was made up of professional planners in both the public and private sector, attorneys, professional engineers, and business and real estate people.

Commr. Conner assured the EDAC members that their comments were read by the Board and reviewed by staff.

Mr. Brian Sheahan, Director of Planning and Community Design, stated that staff brought forward a change to the criteria of the commercial corridors to make it clear.

The Board gave consensus to advertise Option A for comments 7 and 11, which made the changes that staff recommended under I- Criteria for Commercial Corridors, as well as Option A, which were staff recommendations on Comment 9 regarding Policy I-7.13.2 Mandatory Consistency with the Comprehensive Plan to substitute the word “shall” with “may be considered.”

florida department of agriculture requested changes

Mr. Sheahan stated that staff worked with both the Audubon Society as well as the Florida Department of Agriculture and Consumer Services (FDACS) and that both parties as well as staff were amenable to the changes shown in the document.

The Board gave consensus to advertise those recommended changes in Tab 2.

proposed future land use change requested by fred morrison

The Board gave consensus to advertise Option A, which was to leave the parcels designated as proposed for the Tara Mobile Home Park and Mid Florida Mobile Home Park, with the existing land use as Urban Expansion and the proposed land use as equivalent density of Urban Low Density, so there would not be any change to the potential density of the property.

Commr. Cadwell clarified that with this land use, the homes could be rebuilt in the event of a catastrophe.

avalon groves

Mr. Sheahan explained that the Avalon Groves Property Proposed Land Use change was brought forth by Ms. Leslie Campione, as representative, and that it was in the four corners area, requesting a large change just south of the rural protection area.  He noted that staff’s recommendation was to keep the designation as is and perhaps consider it at a future date as a future land use map amendment and/or a DRI process.

Commr. Stewart stated that she did not have any problem with the location, since it was surrounded by urban low density, and east of it was Orange County within several miles of Highway 429 and Disney.  She noted that north of that was a South Lake rural protection area, which she felt deserved to be protected.  She inquired whether the applicant would be willing to make the area of rural transition to the north a little larger than they had requested in their latest plan so that there was a transition or buffer from urban low into the South Lake rural protection area.  She did not think that area was a bad area for growth and would be better than having growth happen in the rural areas in the future.

Commr. Renick indicated that she wanted to leave it the way it was and that she was not comfortable increasing the density.

Commr. Cadwell commented that Orange County was mitigating their open space on Lake County, and that area was a valuable piece for their tax base in the future.

The Board gave consensus to advertise to change the subject parcel to partially rural transition and partially to urban low density for the proposed land use change in this area.

lowrie brown future land use change

The Board gave consensus to advertise Option A, which was to leave the Lowrie Brown parcels as designated on the proposed Florida Land Use Map that was shown on the overhead, which was rural for the northern portion and rural transition for the southern portion of the property.

hartwood properties future land use change

Mr. Sheahan explained that Hartwood Residential, represented by Ms. Campione, was asking for a change in the Clermont area that was currently being proposed as regional office.  He related that Ms. Campione’s clients were requesting that it be restored back to urban low density.

Commr. Cadwell explained that this area was under their Joint Planning Area with Clermont.

The Board gave consensus to advertise Option A, which was to keep the parcels designated Regional Office Future Land Use as proposed.

purdone property future land use change

Mr. Sheahan illustrated on the monitor the location of Dr. Purdone’s Property and the Whitaker Property, which the Board was approached about at the Tavares workshop. He explained that the Whitakers were asking for urban low density on part of their property and rural transition on the other.  He stated that they have tentatively granted the request from Mr. Jim Bible for his approved subdivision and to tentatively change the density from rural to rural transition, providing a buffer to the rural area to the west.

The Board gave consensus to advertise Option A to change the Future Land Use Category on all the parcels in Sections 19 and 30 lying north of CR 452 from Rural to Rural Transition, which would take care of the eastern parcel and upgrade the western parcel of the Purdon property.

miranda fitzgerald requested policy changes

Mr. Sheahan explained that Tab 8 represented changes requested from Ms. Fitzgerald, who was representing some of the property owners in the area previously known as the Carlton area, and the first comment to be brought forward was consideration of the Workplace District.

Commr. Renick stated that she was more comfortable with Option B to leave the policy as proposed under Comment 16 regarding Policy I-1.3.6, Regional Office Future Land Use Category, and she did not see any reason to put in additional language that stated, “A conditional use approval will not be required if the development is reviewed through the Development of Regional Impact (DRI) process.”  She also had a similar concern under Comment 17 and wanted to leave that policy as proposed as well, which was Option B.  She mentioned that she had no problem with the changes for non-conforming uses and antiquated plats in Policy I-7.1.1 or the change on Page 6 of 7 regarding Inventory of Natural Upland Communities.

Mr. Sheahan explained that under Comment 16 he felt that if a development was going through the DRI process, a conditional use was not going to bring to light anything that has not already been discussed at length.

Mr. Minkoff pointed out if they left it in they would have to do a development order and CUP, and they would have the possibility of conflict.  He also noted that the Regional Planning Council just made recommendations, but the Board actually adopted the development order.

Mr. Sheahan added that if a project came back for a CUP, they would have to consider it all over again instead of just putting the conditions in the development order.

Commr. Renick stated that under Comment 65 regarding Policy X-1.1.1, Aquifer Recharge Maps, she was concerned that the applicant would be paying for the on-site geographical data, and she understood that the maps would be more objective.

Commr. Cadwell commented that he thought the change made sense and that it would give the applicant an option.

The Chairman announced the consensus to adopt Option A under Comments 16 and 17, and the Board also gave consensus to advertise Option A under Comments 30, 39, 52, 58 and 64.  Under Comment 65, the Board chose to advertise Option A with the change of the words “will supersede” to “may be utilized.”

minor commercial corridor – astor park

Mr. Sheahan explained that Tab 9 was in response to some concerns that the Board had aired at previous workshops about allowing for appropriate level of commercial development in the Astor Park area.

Commr. Stewart stated that she was in opposition to that and that there was a grass roots citizens group that has worked very hard over the last few years to have SR 40 declared both a state and national scenic byway.  She mentioned that there was a newspaper article that gave tribute to the natural beauty and intrinsic wonders of that area, and she felt that the rural atmosphere of the entire roadway needed to be maintained for both environmental and tourism reasons.  She added that she received several e-mails from concerned citizens and that she had a letter from the Florida Black Bear Scenic Byway Committee and the Corridor Management Entity Committee in opposition to incurring increasing commercial pressures on the area.

Commr. Renick noted that it was a rural support intersection which already had some commercial development.

Commr. Cadwell commented that that area was already developed.

Commr. Stewart responded that this was not the right place for further development and that they needed to maintain the dignity of the byway.

There was consensus to leave the land use the way it was proposed.

tentative map changes by board

Mr. Sheahan explained that Tab 10 contained all the map motions that the Board had made previously, including both the Jones and the Boyd-Davis property.

East of Lake Louisa – Green Swamp Area of Critical Concern

Commr. Renick informed the Board that they would be receiving a letter from myregion.org and the Regional Planning Council asking that the Board not increase densities anywhere in the Green Swamp.  She asked that the future land use remain rural conservation.

Commr. Stewart stated that she believed CR 561 was a good boundary line for the protection area and that she agreed with Commr. Renick.

Jones Property

Commr. Stewart pointed out that the Mt. Plymouth-Sorrento Planning Advisory Committee, which was formed years ago to work with that community to decide what they wanted in the future and was comprised of citizens who lived and worked in the area, did not change the land use of the Jones Property.  She specified that the property was in the Mt. Plymouth-Sorrento Urban Compact Node with a future land use density of 5.5 dwelling units per acre since the mid-1980’s.  She clarified that this was a land use and not a zoning issue and that that land would still be agriculture with a 1 to 5 density no matter what the decision would be regarding the land use.  She recused herself from making a stand on this issue due to the perception of a conflict of interest, even though in reality that was not the case.

Commr. Renick stated that she wanted to keep the densities as low as they possibly could, since the domestic self supply study showed that the Mt. Plymouth-Sorrento area was the most impacted.

Commr. Conner stated that he agreed with Commr. Renick regarding the densities, but he noted that no matter what density they give that particular designation, they would have to come for a rezoning when the density would actually be addressed.

Commr. Cadwell commented that he thought Option C made sense to give a buffer to those who were most concerned and still would let the owners be able to develop their property.

Commr. Hill pointed out that the property may be split by a road anyway and that there was some flood plain property in that parcel.  She also noted that this was near Main Street, which was where she thought they wanted the density to be.

Commr. Renick commented that the road was a far-off possibility and would not be in the County’s five-year plan in the near future.

Mr. Sheahan explained that Option C would be a compromise to allow some of the maximum density to be potentially utilized on the northern portion of the property and provide a buffer to the rural properties to the south.  He stated that the projected line would split the property in equal halves.

Commr. Conner commented that he did not believe that the Mt. Plymouth-Sorrento area was the place for high densities, even though he did not like taking away people’s property rights.

Commr. Cadwell directed Mr. Sheahan to advertise this the way it was proposed by the LPA as Neighborhood Proper, which would be two units per acre.

Simpson Property

Mr. Sheahan explained that the Simpson property was south of Howey-in-the-Hills just off SR 19 and was currently in the Urban Expansion land use category; however, the rural transition does not provide buffer to the rural areas further to the south.

Commr. Renick thought that they should leave it as proposed, and if the property owner wanted it changed, she could look into being annexed by the Town of Howey-in-the-Hills.

Austin Carriage Museum Property

Mr. Sheahan stated that the Austin Carriage Museum property currently expands two land use categories of Urban Expansion and Rural, and the current proposal on the land use map was mostly within the rural protection area of Emeralda Marsh and a small portion of Urban Transition.  He related that Mr. Greg Beliveau spoke at the Tavares public hearing and requested that the whole thing be made Public Services Facilities because of its historical museum orientation, and they wished for the possibility of providing an educational institution of some sort in the future.  They also wanted to add Agriculture to Public Services, but since there was already a policy that allows that, staff has determined that the change would fit.

The Board gave consensus to advertise Option A, which was to change the Future Land Use Category on the Gloria Austin parcels located within Sections 3, 4, 9, and 10 from Rural and Rural Transition to Public Service Facilities and Infrastructure. 

Pospisil Property

Mr. Sheahan stated that Mr. Pospisil came to the Tavares workshop and requested a guaranteed zoning as well as some assurances that he would be granted 1-1 zoning on his property.  He specified that the property was currently zoned R-1, and the current proposal is Rural Transition.  Staff’s recommendation was to take no action regarding this issue.

The Board decided to take no action regarding the Pospisil property.

future land use codes

Mr. Sheahan stated that the intent of this item was to ensure that they were not excluding industries that would otherwise be allowed under the umbrella and to stay true and consistent to the uses that were proposed by the LPA, but provide the standard classification that was offered in the standard industry classification code system.  He related that they have had some instances of industries coming in that did not quite fit into a classification.  He noted the samples that staff had offered regarding the heavy industrial category and urban low categories, and he mentioned that the suggested use name is what would appear in the Comprehensive Plan.  He explained if there was direction from the Board to approach this, they would bring back the document showing all the changes.

The Board gave consensus for the uses to be more broadly defined so consistent uses are not excluded for Heavy Industrial and Urban Low Density Future Land Use Categories and for staff to come back to the Board with a proposed list of uses for each Future Land Use Category.

unresolved and additional comments

Mr. Sheahan related that Tab 12 contained items that the Board had either deferred or asked staff to come back with additional recommendations.

Commr. Renick commented that she had a problem with Comment 14 regarding incentives for mixed use development.

Mr. Sheahan explained that the easiest way to ensure that mixed uses only incur in urban areas where it was appropriate was to state that this applies in the urban land use areas and would be calculated separately everywhere else.

Commr. Stewart asked if it could be narrowed down more than that.

Mr. Sheahan responded that staff could take direction if the Board wanted to authorize this only in specific land use categories and to exclude rural, rural transition, and urban low.

The Board asked for Mr. Sheahan to bring that back to the Board.

Commr. Renick asked if Comment 22 regarding regional commercial land use was the issue that was referenced in the letter they had received from Mount Dora.

Mr. Sheahan responded that the City of Mt. Dora felt that residential uses within the regional office category were inappropriate, but that staff was recommending that limited multi-family residential be allowed in the regional commercial and the regional office categories as an accessory use.  He added that to address Mr. Dora’s concerns, they could exclude residential uses within the JPA (Joint Planning Area).

The Board gave consensus for Option A under Comment 22.

recess and reassembly

The Chairman announced at 12:55 p.m. that there would be a recess until 1:10 p.m.

unresolved and additional comments (cont’d)

Mr. Sheahan stated that the premise of Comment 23 would be that the two industrial land use categories would be combined, and those properties that constituted most of the bulk for light industrial would be converted to regional office or a similar category which would allow light manufacturing as a use.

Commr. Stewart thought that was a good idea, but asked if that would protect surrounding properties.

Mr. Sheahan assured her that they had provisions in the plan for buffering and that they already enacted LDR’s to deal with things such as noise and impacts that they could mitigate.

Commr. Renick pointed out that Comment 51 was related to the landscape ordinance and that they would end up restricting overhead irrigation with that language.

Mr. Sheahan explained that this would not preclude any limitations on the landscape ordinance, and this change would make the landscape ordinance consistent with the proposed plan in that regard.  He also noted that this would not necessarily have to be in the landscape ordinance, and they have already enacted codes to abide by the watering restrictions, which is a restriction on overhead irrigation.

Commr. Cadwell pointed out that this would be only in the rural protection areas.

There was Board consensus to advertise Option A, which was staff’s recommendation for Comment 51, as well as Option A for Comments 72, 95, 135, and 154.

Mr. Sheahan reported that there was one change in Comment 158, which was changing the policy back to state “Within the Wekiva Study Area” instead of “Within springshed protection zones.”

The Board gave consensus to advertise Option A for Comments 169 and 170.

Commr. Renick was concerned that on Comment 184 stating that mining in the environmentally sensitive areas in the county which can not be restored would mean that reclamation was not possible, and that they did not allow any kind of mining without reclamation.  She thought that was a key phrase, and she asked for Mr. Sheahan’s interpretation.

Commr. Stewart stated that it should be prohibited if it could not be restored.

Mr. Sheahan stated that to make it explicitly clear on what the intent was, staff would suggest replacing the word “restored” with “reclaimed,” to state “Mining in environmentally sensitive areas of the County which could not be reclaimed shall be prohibited.”

Commr. Renick suggested that they have an overlay so that they would know exactly what was already designated for mining.

Commr. Cadwell was concerned that if they kept trying to limit the mining, the State could take that ability away from them, but he thought an overlay was a good idea.

Mr. Minkoff mentioned that he talked to Commr. Renick about putting language in there which would require them within 12 months to develop a system to deal with anyone who thinks they were entitled to mine, since there was no way to create an overlay between now and January 19, and then there would be no additional mining allowed in the future.

Ms. King noted that Option A specifically indicated that expansion of existing mines within the environmentally sensitive area shall comply with the Code, which was the ordinance that Mr. Minkoff and Mr. Sheahan were formulating.

Ms. Marsh pointed out that if the property owner bought property with the expectation of being able to mine it, then he or she could come back to the County for inverse condemnation or the Harris Act if the County changed the regulations to prohibit mining of that property.

Mr. Walter Wood, Senior Hydrogeologist, Department of Environmental Utilities, explained that the main difference between an existing and a new mine was that there would be a plant that processes the product and some added roads, where that infrastructure was already in place in an existing mine.  He also noted that a reclamation plan was required to be submitted with the mine site plan application, and if that plan was not found to be sufficient, then the Board could deny the expansion that was being proposed.  He also commented that the term “restored” has always been problematic and has never really been satisfactorily defined.

There was consensus by the Board to advertise Option A, changing the word “restored” to “reclaimed” and the word “limited” to “prohibited.”  Also, there would be language added that indicates that the intent of the overlay would be to show expansions.  The Board additionally chose to advertise Option A for Comments 185, 186, 266, and 267.

Mr. Sheahan clarified that next they would be discussing the additional comments that have come up since the original package was distributed.  He explained that the reason for Comment 285 was that DCA had asked the County to adopt the definition of Community Facility Use.  He related that staff was proposing to add that definition in the policy and then add that to civic uses.

The Board gave consensus to advertise Option A for Comment 285 as well as for Comment 286.

Commr. Renick had a concern in Comment 287 regarding flood proofing and distinguishing between habitable and uninhabitable, and she was not sure that it would be good to change that rather than leave it the way it was.

Commr. Stewart asked how they would flood proof the structure.

Ms. Anita Greiner, Chief Planner, stated that there would be holes in it to allow the water to go in and out.  She also pointed out that this would just provide an option for flood proofing or elevating the uninhabitable structures 18 inches above the flood plain.

Commr. Stewart stated that she was concerned that a garage could contain a lot of pollutants which could be washed into their water system if it was flooded.

There was consensus from the Board to advertise Option A for Comment 287, as well as Comments 288, 289, and 290.

Commr. Renick had a concern with the wording “when available” under Comment 291 at the end of the statement in Policy X-2.2.3, Mandatory Connection Ordinance, which states “Lake County shall review and revise, as appropriate, its existing mandatory connection ordinance which, at a minimum shall require new development within the Urban Land Use Series to connect to and utilize a public water system, when available,” because she felt that would weaken the intent.  She commented that the wording had to be more specific there.

Commr. Cadwell asked who made the determination of availability of utilities.

Ms. King responded that they ask for the city to verify whether or not the utilities are available.

Mr. Sheahan noted that under this policy, Board approval would be needed for new development to provide a central water system.  He also pointed out that there was a scrivener’s error indicating that new development exceeding a density of two units per acre shall provide a central water system where central systems were not available under that policy, which should be a density of one unit per acre.

Commr. Renick stated that she was more comfortable with that.

There was consensus to advertise Option A under Comment 291 as well as Option A for Comments 292 and 293.

Commr. Renick mentioned that Comment 294 was regarding the same Mt. Dora issue they previously discussed.

Mr. Sheahan explained that Mount Dora felt that there should not be a minimum FAR (floor area ratio) requirement or an additional use requirement, and if the intent of the Board was to have a developer maximize the use of that property, that was an available option.

Commr. Renick commented that she wished they had JPA agreements with all of their cities so that they could discuss these issues.

There was consensus to advertise Option A for Comment 294, with additional direction to take out the minimum FAR and conditional use requirements.

open space discussion

Mr. Sheahan stated that the open space issue was brought up at both the Tavares and Cassia workshops by Mr. John Pospisil and was a concern of Commr. Conner as well.  He noted that the plan as proposed heavily relies on the provision of open spaces and incentive with the rural categories and within the Green Swamp, Emeralda Marsh, and Wekiva Study Area.  The premise was that the more density there was, the greater the open space that has to be provided as common, which has to go into a tract owned by everyone in the subdivision.  The trigger was generally the density, but it could also be when subdividing.  He illustrated on the monitor graphics showing what some of the proposals were.

Commr. Conner stated that he believed Mr. Pospisil was referring to five-acre tracts in rural areas.

Mr. Sheahan responded that the trigger for a five-acre tract in the rural areas is limited to the Wekiva Emeralda Marsh Protection Area, Green Swamp, and the Ocala-Wekiva Rural Protection Area if a parcel was divided into more than three tracts.  He specified that typically the open space would consist of about 35 percent, although the numbers vary depending on the district.

Commr. Conner was concerned about how this policy would affect a family that wanted to subdivide property among family members, and there were some situations and scenarios where he thought that the requirement of the open space was onerous.

Mr. Sheahan stated that the Board could set a higher threshold of when open space would be required.  He commented that an HOA (home owners association) was not viable until there were at least ten property owners.  He noted that the two triggers for subdivisions would be an increase in density and the subdivision of property, which was only applicable within two rural protection areas, two categories in the Green Swamp, and the Wekiva Study Area.

The Board gave consensus to advertise the open space policy using 10 as the threshold number for lots consisting of five acres or more.

sand mining discussion

Mr. Sheahan noted that Ms. Tracy Bryant, Director of Central Florida Sand Mining Association; Mr. Steve Adams, President of LPG Environmental and Permitting Services; and Mr. Gary Cooney had sent the Board a follow-up letter and documentation containing a previous memorandum distributed to the Board showing what changes they felt were necessary.

transmittal hearings

Commr. Cadwell commented that the transmittal hearings would be scheduled from 9:00 a.m. to 5:00 p.m. as a normal day of activity rather than going into the late hours, with a break for lunch.

Ms. King announced that the transmittal hearing would be January 19, 2010.

Mr. Minkoff commended and thanked Ms. King and her staff for working long hours and on the Veterans Day holiday to get this done.

public comment

Mr. Charles Lee, Audubon of Florida, expressed some concern regarding the open space discussion, and stated that this affects plan provisions that have just been reviewed and approved by the Department of Community Affairs (DCA) in the Wekiva area.   He opined that he thought the Board decision reverses some positions that have been so hard-won with that approval and that the net effect would create a situation for a proliferation of sprawl.  He commented that the history of attempting to force open space requirements on the individually-owned portion of a lot was very poor and problematic and fraught with difficulty.  He related that this issue was just addressed in a parallel way by the St. Johns River Water Management District with regard to the situations where they have in the past accepted conservation easements over portions of residential lots as a form of mitigation, but they have had to revise their rules to allow for the selective release of these easements, because over time there could be a problem with encroachment in that easement.  He believed that DCA would have some serious concerns about this.  He suggested that they change it to five units as opposed to ten or reconsider the policy.

Mr. Rob Kelly from the Citizens Coalition, opined that this would affect the policies in the Green Swamp that have been in place for almost 20 years regarding open space.  He requested that the Board revisit that, and he related that the LPA had a discussion with staff that noted that a lot of the family lot splits in the County have been somewhat abused in the past, and even though there was a three-year term where someone has to hold onto the lot after it split for family purposes, they have seen instances where it was sold immediately after that time had elapsed.  He explained that they tried to balance what Commr. Conner’s concern was with some of the issues that were happening with lot splits.  It was the LPA’s intent in the Green Swamp regarding mining to limit the damage to the environment and the rest of the Green Swamp from new mines.  He also commented that the concept of changing light industrial to regional office could work, but the Board also added apartments for residential allotments to the regional office, which could result in some apartments ending up in areas where the County would not want them.

Mr. Sean Parks, an LPA and EDAC (Economic Development Advisory Council) member, indicated that he was disappointed that there was not more discourse at this meeting on the EDAC recommendations, and he hoped that there would be some in-depth discourse during the transmittal hearings about those recommendations.

Mr. Keith Schue elaborated on the open space issue and asked the Board to think about the final configuration of those tracts.  He opined that this land use pattern would not protect larger corridors, and they wanted to be able to cluster the homes together to provide contiguous open space that allows a substantial area for wildlife, which was the intent of the LPA.  He commented that a tiered system of provisions would not take away rights, because there was always the ability to operate at the lower density.

Mr. Bill Ray, a professional planner and environmental consultant, recommended that the Board direct staff to create definitional criteria that establishes the boundaries of the rural conservation area with rural lands as well as with other lands such as wetlands or water bodies.  He opined that the Comp Plan did not give any guidance as to how to do that and what the rural land and rural conservation land was physically supposed to represent.  He inquired whether open space was for conservation lands or physical open space within a community, and what management plan was allowed for that open space.  He noted that they were seeing the mixed use criteria in other areas in the State which establishes an employment center through office, office space, or economic development, and they could not put workforce housing in close proximity to those uses.  He encouraged allowing the flexibility for mixed use of multi-family close to the office parts after going through a zoning clearance for that use.

Ms. Tracy Bryant commented that Option A chosen by the Board regarding mining was an unacceptable choice for the mining industry and would essentially put their industry out of business.  She noted that sand and aggregates were a finite resource.  She opined that a mining overlay would not provide the resolution that they desired, because that information was proprietary and drawing an arbitrary line without any science or data to back it up was not a legally defensible position.  She pointed out that the legislature this past session designated that as a critical resource for the state.  She related that the County already had a stringent ordinance in place which was a model throughout the state for their industry, and through that process they could place site-specific conditions in their CUP process for any concerns they had.  She stated that there has been no sound science provided showing that their industry had an adverse environmental impact, and she pointed out that the County had the ultimate ability in their MSP (Mining Site Plan) process to approve or disapprove expansions, new mines, or anything of that nature under their existing mining ordinance.  She referred to alternative language that she provided the Board that she believed both the County and the industry could live with.

Mr. John Pospisil wanted to rebut things that were previously stated at this meeting.  He mentioned that the book “Conservation Subdivision Design” talked about areas that had higher densities, with the lowest density that was mentioned being 1 to 2.  He commented that the chart provided by Mr. Schue of squares would not happen, because the plan already had a requirement that it had to be clustered away from the environmentally sensitive areas that would be found through all the surveys they were doing.  He opined that it was easy for the Board to over-regulate, because there was no direct impact on the County budget, since they were spending someone else’s money, and he believed that they needed to look at the cost and benefits in the aggregate of the regulations that they were instituting.  He believed that there was little benefit but substantial cost to requiring a common area, and he suggested that there would be plenty of open space on a tract if they limit the impervious surface area to five percent instead of 30 percent.  He stated that the Wekiva Plan showed that the area north of Highway 44 and other areas had less than ten percent of environmentally sensitive habitat.  He also suggested that they put fence restrictions in to confine most livestock and still let wildlife through.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:00 p.m.



welton g. cadwell, chairman