A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
November 24, 2009
The Lake County Board of County Commissioners met in regular session on Tuesday, November 24, 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: Melanie Marsh, Acting County Attorney; Sanford A. (Sandy) Minkoff, Interim County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and DeAnna Diggs, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, Interim County Manager, gave the Invocation and led the Pledge of Allegiance.
There were no proposed revisions to today’s Agenda.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 14, as follows:
Request for approval of Budget Change Request and Unanticipated Revenue Resolution.
1. Budget transfer – General Fund, Sheriff’s Office. Transfer $91, 365 from Jail Operations – Operating ($88,365) and Bailiff’s – Equipment ($3,000) to Bailiff’s – Operations. A transfer is needed to adjust the Sheriff’s Office budgeted transfer to match projected expenditures. No additional funds are requested – this transfer will only realign already appointed amounts.
2. Resolution to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2009-10 in the amount of $5,000 deposited into Contributions from Other Agencies and provide appropriations for the disbursement for allowable expenditures associated with the Lake County Census.
Request for approval to accept the FY 2008-09 Shelter Plus Care Grant Annual Report, authorize the Chairperson to sign the report, and direct the Department of Community Services to submit the report to the U.S. Department of Housing and Urban Development (HUD) for approval.
Request for approval and authorization for the Chairman of the Board of County Commissioners to sign the agreement between Lake County and the Lake County School Board to provide all students with the opportunity to participate in the Career, Adult & Community Education Driver’s Education Program – Behind the Wheel Training.
Request for approval and authorization for the Chairman of the Board of County Commissioners to sign the agreement between Lake County and We Care of Lake County, Inc. for operation of the Lake County We Care program effective 10/1/09 through 9/30/10/.
Conservation and Compliance
Satisfaction & Release of Fine, Property Owner: Dawn M. Carmichael, Case# 2004010085.
Satisfaction & Release of Fine, Property Owner: Robert J. & Carol L. Schoemmell, Case# 2005070035.
Satisfaction & Release of Fine, Property Owner: Patricia A. Shoemaker & Jerry Dean Shoemaker, Case# 2008030115.
Request for approval to transfer We Care funding from Employee Services and Quality Improvement to Community Services.
Request for approval of payment of invoice to ECFRPC in the amount of $52,684.00 (previously approved in Budget).
Request for approval for the Board to accept the FY 2009-10 Community Development Block Grant (CDBG) Funding Approval/Agreement, authorize the Chairman to sign it, and direct the Growth Management Department to implement the programs covered under the Agreement. The Chairman is requested to sign the three originals of the CDBG Funding Approval/Agreement.
Request for approval for the Board to authorize the Chairman to sign the FY 2009-10 CDBG Partnership Agreement between the City of Minneola and the County in an amount not to exceed $73,700, granting the Town CDBG funds to make improvements to the Schoolhouse Library, 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 of an award in the amount of $121,564.00 to Mariani Asphalt for the purchase of liquid asphalt, RC 250 type, cutback asphalt and Emulsion Prime-Rapid set in conjunction with the County’s needs.
Request for approval to award the attached term and supply contract to Express Care of Lake County for Physicals and Testing.
Request for approval and signature on Resolution 2009-178 authorizing the posting of speed limit signs on Crescent Ln. (0837) from Lakeshore Dr. to the end of the road and on North Crescent Ln. (0837A) from Crescent Ln. to Log House Rd. in Commission District 2, Section 11, Township 23, Range 25.
VACATION PETITION NO. 1140 – lake highlands – paloma road
Mr. Jim Stivender, Public Works Director, stated that Vacation 1140 will vacate a portion of an unnamed right-of-way in the plat of Lake Highlands and cease maintenance on a portion of Paloma Road in Clermont. He described the history of Paloma Road and pointed out that fifteen years ago it was the only road in that area. He noted that there is not a natural access point at this location and vacating this right of way would allow for the north and south track of Paloma Road to be made continuous. He mentioned that Paloma Road serves as more of a nuisance than an access for ingress and egress, and expressed that the County recommended approval to eliminate as much right of way as possible in this area.
Mr. Chris Roper, Akerman Senterfitt, spoke on behalf of Mr. DeWitt. He explained that Paloma Road ends at Mr. DeWitt’s property, and the east-west right of way ends at the school creating a gap between two public roads ending at private property. He related that Mr. DeWitt’s property lies past the “End of County Maintenance” sign, therefore, leaving him with the responsibility of maintaining the remainder of the road. He opined that he believed the opposition had concerns about their mailboxes and trash cans because they have used the private property for their personal use for many years. He stated that the purpose of vacating this right of way would allow Mr. DeWitt to place gates inside his property to eliminate the illegal dumping and use of his property. He explained that Mr. DeWitt submitted this application over a year ago and has complied with all requests, and mentioned that before today he has not received any opposition regarding vacating this right of way.
Mr. Peter McGrath, P.A., spoke on behalf of Ms. Teresa Hassan, Ms. Judy Legge, and Ms. Gerri Schuur. He opined that Mr. DeWitt’s driveway has never been offered or accepted for dedication to the County and is not maintained by the County, so the County has no right of way to vacate. He mentioned that this private driveway has been used by his clients and their predecessors for more than twenty years. He presented the Township Book published in 1987 by the Lake County Engineering Department, and argued that Paloma Road does not continue into Mr. DeWitt’s private driveway. He pointed out that new and different access has been created at Steve’s Road, but it is very problematic given the heavy traffic at this intersection. He expressed that he does not believe that the County has a right of way which is capable of being vacated and suggested that the County Attorney look at this issue from a legal standpoint. He explained that his clients wish to continue using this private driveway and do not wish to have this land vacated by the County, and suggested that this issue may be best handled through the Circuit Court.
Ms. Judy Legge, resident of Clermont, clarified that the private road ends at her property line, and it does not offer public access. She related that vacating Paloma Road creates a dangerous situation due to the heavy traffic, and numerous accidents have already occurred at this intersection. She stated that she was opposed to vacating Paloma Road and would like more research performed on the area before the road vacation was approved.
Ms. Teresa Hassan, resident of Clermont, expressed that the “End of County Maintenance” sign had been moved from its original location, and stated she is opposed to vacating Paloma Road.
Mr. McGrath explained that these lands have private ownership and are not lands that the county can dispense. He reported that this matter may be better resolved through private negotiations with the developer or in Circuit Court because he does not believe that the County has the right to vacate this right of way.
Ms. Gerrie Schuur, resident of Clermont, mentioned that the residents, not the County, have maintained this part of Paloma Road for approximately twenty years.
Ms. Melanie Marsh, Acting County Attorney, clarified that the proceeding today would serve to remove any interest that the public may have, and does not affect the private rights to the roadways. She mentioned that if there is a dispute over the issue, it might be best solved in Circuit Court.
Mr. Stivender specified that the goal is to eliminate the public prescriptive rights of any maintenance in the area.
Commr. Cadwell closed the public hearing and reserved comments to the Board.
Commr. Renick reminded the Commission that she would be recusing herself as to avoid the appearance of a conflict.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2009-181, regarding Vacation Petition No. 1140 to vacate a portion of an unnamed right of way in the Plat of Lake Highlands and cease maintenance on a portion of Paloma Road in the Clermont area.
CONSENT REZONING AGENDA
Mr. Brian Sheahan, Director of Planning and Community Design, reported that the Agenda has been properly advertised and that they had no changes to the Agenda.
Commr. Hill stated that she had concerns about Agenda Item 3G, CUP #89/10/4-4. She questioned whether a CUP would be denied under a newly approved Comprehensive Plan and whether Mr. Poole was aware that he could be giving up business revenue in the future.
Mr. Sheahan replied that the issue has not been specifically explained to Mr. Poole, and stated that he would have to apply for a mining site plan regardless.
Commr. Cadwell stated that it would be a voluntary revocation.
The Chairman opened the public hearing regarding the Consent Agenda.
There being no one who wished to address the Board, the Chairman closed the public hearing.
Commr. Renick mentioned that she contacted Florida Department of Environmental Protection (FDEP) to obtain a better understanding of Ordinance 2009-59, regarding the fuel storage and pumping facility. She noted that FDEP is willing to advise the Commission any time a troublesome issue arises to avoid potential pitfalls. She stated that she thought the project fit but was concerned about the fuel.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 1 – Ordinance No. 2009-59
Colonial Square Shopping Center Inc./Leslie Campione, P.A.
Rezoning Case No. PH15-09-5
Request approval to add the use of a fuel storage/pumping facility and rental cottages/motel to the uses authorized by Ordinance No. 76-86 and Resolution No. 1994-104. These ordinances are proposed to be rescinded and replaced by a new ordinance. The site is currently approved for a marina with office, boat repair and sales facility, boat storage/dockage and restaurant.
Tab 2 – Ordinance No. 2009-60
Lake May Reserve
Lake County Board of County Commissioners
Wendy Breeden, Director of Public Resources
Rezoning Case No. PH16-09-4
Request approval to rezone the subject property from Rural Residential (R-1) to Community Facility District (CFD) to allow conservation and passive recreational uses.
Tab 3 – Ordinance No. 2009-61
Voluntary Revocation of Conditional Use Permits
(A) David Rothbart & Richard Tappan/Gouveia Ranch
(B) James Carroll, Sr.
CUP #249-5 and CUP #249A-5
(C) Brit Rd. Greenhouse/Sandra Guckenberger
(D) Warren P. Butts/Ryan Horse Farms
(E) Willie B. Hall
(F) Patricia Fulton/Susan Engel
(G) Clayton Poole
(H) New Garden Coal
(I) William Eichelberger
(J) A. Duda & Sons
Commr. Cadwell expressed that he would like the next Board Workshop to be held in Astor.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
Green mountain scenic byway
Commr. Renick stated that she received a request to prepare a letter of support to extend the Green Mountain Scenic Byway.
Commr. Cadwell suggested that this item be added to the Agenda.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board added the letter of support to the Agenda.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the letter of support to the Green Mountain Scenic Byway.
REPORTS – COMMISSIONER CONNER – DISTRICT 3
Commr. Conner expressed that the business community was not allowed to deliver their presentation to the Board due to miscommunication.
Commr. Cadwell explained that he was under the impression that nobody would be making a presentation that day and did not realize the amount of effort that was put into delivering the presentation.
Commr. Conner questioned if the business community would have the opportunity to present to the Board in the future.
Commr. Cadwell replied “yes” and stated that staff would set up a time for the business community to present at one of the upcoming meetings.
Commr. Conner commented that he would not be opposed to any ideas that were proposed for Astor.
Commr. Cadwell stated that he has discussed alternatives with Mr. Sheahan that may appease everybody in that area.
Commr. Renick opined that the Board could benefit from having a workshop in Astor.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:40 a.m.
WELTON G. CADWELL, CHAIRMAN
NEIL KELLY, CLERK