A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

november 19, 2013

The Lake County Board of County Commissioners met in regular session on Tuesday, November 19, 2013 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:  Jimmy Conner, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Welton G. Cadwell.  Leslie Campione, Chairman, was not present.  Others present were:  David Heath, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.

INVOCATION and pledge

Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.

Agenda update

Mr. David Heath, County Manager, stated that the agenda had been modified to remove the afternoon session, which would have started at 1:00 p.m.

presentations

proclamation regarding hospice month

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved Proclamation No. 2013-142 proclaiming November 2013 as Hospice Month.

Commr. Parks read the proclamation and presented it to Ms. Cheryl Rumbley, Community Relations Coordinator for Cornerstone Hospice and Palliative Care.

proclamation regarding National Hunger & Homelessness

Awareness Week

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved Proclamation No. 2013-141 proclaiming November 17-24, 2013 as National Hunger & Homelessness Awareness Week.

Commr. Parks read the proclamation and presented it to Ms. Barbara Wheeler, Executive Director of the Mid Florida Homeless Coalition, Inc.

proclamation regarding purple heart month

Commr. Sullivan read Proclamation No. 2013-124 identifying October as Purple Heart Medal month in Lake County and presented it to Commander Gary Rupp, Chapter Adjutant John Bircher, and Chapter Chaplain Stan Beach of the Chapter 795 Military Order of the Purple Heart.

MINUTE APPROVAL

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved the BCC Minutes of August 13, 2013 (Regular Meeting) as presented.

citizen question and comment period

There was no one present who wished to address the Board.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 6 as follows:

List of Warrants

Request to acknowledge receipt of the 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 Lady Lake Ordinances and Resolutions

Request to acknowledge receipt of copies of the following Ordinances and Resolutions from the Town of Lady Lake:

Ordinance No. 2013-08                                  Resolution No. 2013-103

Ordinance No. 2013-10                                  Resolution No. 2013-104

Ordinance No. 2013-11                                  Resolution No. 2013-105

Ordinance No. 2013-12                                  Resolution No. 2013-106

Ordinance No. 2013-13                                  Resolution No. 2013-107

Ordinance No. 2013-14                                  Resolution No. 2013-108

Southwest Florida Water Management District

Request to acknowledge receipt of the Draft of 2014 Five-Year Water Resource Development Work Program from Southwest Florida Water Management District which was approved at its Governing Board meeting held on September 24, 2013.

City of Eustis’ Annual Budget

Request to acknowledge receipt of the Annual Budget from the City of Eustis for FY 2013-2014, together with the City of Eustis Redevelopment Trust Fund Computation Sheet of Payment.

Excess Fees

Request to acknowledge receipt of excess fees returned to Board of County Commissioners from the Clerk of Circuit Court, in the amount of $561,798.05.

Greater Lakes/Sawgrass Bay Community Development District’s Budget

Request to acknowledge receipt of the Final Amended Adopted Fiscal Year 2012/2013 Budget for the Greater Lakes/Sawgrass Bay Community Development District, along with a cover letter dated October 18, 2013.  This budget is being submitted pursuant to Section 190.008(b), Florida Statutes, and has also been posted on the Lake County website.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 6 through 22 as follows:

Community Services

Request for approval for the County Manager to endorse a check from Gulfstream Property and Casualty Insurance Company, Inc. for $1,228.43 on behalf of Lake County Affordable Housing; and authorize County Manager to endorse future insurance checks for this program. There is no fiscal impact.

Economic Development and Tourism

Request for approval of sponsorship application from the Oakley Big Bass Tour to bring an amateur fishing tournament to Lake County once a year for three years beginning in 2014.  The fiscal impact is $17,500 per year (expense).

Facilities Development and Management

Request for approval to award contract 14-0203 for interior renovations in support of Sheriff occupancy and use of the Historic Court House to Reiker Duley Construction Company (Orlando).  The fiscal impact is $1,560,279, which includes a contract value of $1,313,625, a design and construction contingency, FF&E, Generator Refurbishment Allowance, and permit fees (Expenditure).

Fiscal and Administrative Services

Request for approval of the Fiscal Year 2013 budget adjustment to reconcile budgeted to actual expenditures in accordance with County Policy LCC-36. The Fire Rescue Division is requesting an adjustment between expenditure categories for the Fiscal Year 2013 budget. There is no overall fiscal impact.

Request for approval from the Sheriff's Office for reimbursement of expenses from the Law Enforcement Trust Fund for Fiscal Year 2013. The request exceeds the County Manager's approval limit of $25,000. The fiscal impact is $30,503.64 (expenditure).

Growth Management

Request for approval and execution of Special Master Agreement between Lake County and Michael P. Hill; and request acceptance of the conservation Easement pursuant to this Special Master Agreement. The County will pay 1/3 ($150) of the special master fees.

Human Resources

Request for approval of changes to the 2014 and 2015 holiday schedules to designate December 26, 2014 as the County's Floating Holiday for 2014, and approve observation of January 2, 2015 as an additional holiday in the 2015 LCBCC holiday schedule.  All other provisions for holidays in the County's Employment Policies will remain the same.  The fiscal impact is estimated at $28,000 (Expenditure).

Request for approval of Workers' Compensation claim settlement in the amount of $70,000 for Robert Rickey, Firefighter/EMT. The fiscal impact is $70,000 (Expenditure).

Request for approval of Amendment #4 to the Employment Policies Manual relating to Section 6.1 Leave Accruals, to include changing the payroll period in which accumulated leave above the annual accrual limit is forfeited, as well as the payroll period in which the incentive leave hours are converted.  There will be no annual leave forfeiture in December of 2013.  The forfeiture of excess annual leave will be processed in September of 2014 and will subsequently occur in September of each year.  There will be no increase to Annual Accrual Limits.   There is no fiscal impact.

Public Resources

Request for approval to adopt the FY 2013/2014 Annual Plan of Service and Combined Budget for the Lake County Library System.  There is no fiscal impact.

Request for approval of recommended branch library closings for calendar year 2014.  There is no fiscal impact.

Public Safety

Request for approval for participation in the annual E911 State Grant Program. Approve and sign application to the State E911 Board for a Grant for enhancements to the Lake County E911 Services/System.  There is no fiscal impact.

Public Works

Request for approval of Resolution No. 2013-144 to advertise Public Hearing to vacate right of way for Orange Avenue in the Plats of Edgewater Beach (recorded in PB 9, Pg. 19 and PB 10, Pg. 44), located in the Clermont area.  There is no fiscal impact.  Commission District 2.

Request for approval of Resolution No. 2013-145 and Execution of LAP Agreement with FDOT for the construction of a northbound left turn lane at CR 473 and Westmont Rd., and approval to advertise for bids, and approval and signature of Unanticipated Revenue Resolution No. 2013-146 to amend the budget. FDOT is providing the safety funds for the turn lane improvement in the amount of $190,869.00 (FPN 431196-1-58-01). The fiscal impact is $190,869.00 - 100% Grant funded (Revenue/Expenditure). Commission District 4.

Request to execute an Agreement between Lake County and Black Bear Reserve Homeowners Association, Inc. regarding roads in the County Maintenance System, accept a Right-of-Way Deed and Drainage Easement from Black Bear Reserve Homeowners Association, Inc. and execute Unanticipated Revenue Resolution No. 2013-147 in the amount of $77,451.00. The Village at Black Bear Subdivisions are located east of Eustis in Commission District 5.  The fiscal impact is estimated at $77,450.39 (Revenue/Expenditure).

Request to approve on-call contract 13-0020 for subsurface utility location services to Omni Engineering (Winter Garden, FL). The fiscal impact is estimated at $25,000 (expenditure).

Request for approval of contract 13-0219 for support to the County's new residential solid waste collection and disposal programs to Global 5 Communications (Longwood, FL).  The fiscal impact for the initial contract term is estimated at $79,979.84 (Expenditure).

public hearings

vacation petition 1202 – clermont

Mr. Jim Stivender, Public Works Director, stated that this request was to vacate a platted drainage easement in the Plat of Tuscany Estates located in the Clermont area.  He indicated that the easement was between two lots, and the applicants planned to combine the lots and build a house on them.  He noted that there was no public purpose for the easement, and staff had not received any letters in favor of or in opposition to the request; therefore, they recommended approval to vacate.

The Vice Chairman opened the public hearing.

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

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 4-0 vote, the Board approved Vacation Petition 1202 to vacate a platted drainage easement in the Plat of Tuscany Estates at the Lakes, recorded in PB 55, Pg. 56-57, located in the Clermont area, and approved Resolution No. 2013-148.  There is no fiscal impact.  Commission District 2.

vacation petition 1203 – mount dora

Mr. Stivender explained that the request was to vacate a platted drainage easement in the Plat of Dora Pines located in the Mount Dora area.  He mentioned that the easement was between two lots, staff found that there was no public purpose for it, and they were recommending approval to vacate.

The Vice Chairman opened the public hearing.

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

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 4-0 vote, the Board approved Vacation Petition 1203 to vacate a platted drainage and utility easement in the Plat of Dora Pines subdivision, recorded in PB 22, Pg. 20, located in the Mount Dora area, and approved Resolution No. 2013-149.  There is no fiscal impact.  Commission District 4.

public hearings: rezonings

Commr. Conner requested moving Tab 2, the Wekiva River West Tower, from the Consent Agenda to the Regular Agenda since someone from the public wanted to discuss it.

Mr. Brian Sheahan, Community Safety and Compliance Director, mentioned that he would be presenting the cases on behalf of the Growth Management Department and that all of the cases had been properly advertised.  He asked if Tab 5, the Commercial Corridor Extensions, could be moved from the Regular Agenda to the Consent Agenda since there had been no letters of opposition or comments on it.

rezoning consent agenda

The Vice Chairman opened the public hearing.

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

On a motion by Commr. Parks, seconded by Commr. Sullivan and carried unanimously by a 4-0 vote, the Board approved the Rezoning Consent Agenda as follows:

Tab 1.  Ordinance No. 2013-61

PH #13-13-4

Sanders-Duke Energy CFD Rezoning

Request to rezone property from Urban Residential (R-6) to Community Facility District (CFD) for an Electric Transmission Substation.

 

Tab 5.

LPA #13/8/1-1  (Transmittal Only)

Commercial Corridor Extensions

County-initiated Comprehensive Plan Map and Text Amendment to extend the US 27 Major Commercial Corridor on the west side north from CR 474 to just north of Superior Boulevard.

 

rezoning regular agenda

wekiva river west tower – CUP #13/10/1-4

Mr. Sheahan presented the case, explaining that the applicant was requesting a Conditional Use Permit (CUP) for the construction and operation of a 195 foot monopole telecommunications tower within the Agriculture (A) Zoning District.  He noted that the size of the property was 8.8 acres, and the equipment and tower would be situated on a 4,900 square foot compound area on the property.  He mentioned that the property was located east of Mount Plymouth at the southeast corner of the intersection of SR 46 and Wekiva River Road and that it was located within the Wekiva River Protection Area A-1-40 Sending Area.  He indicated that the use was consistent with the Comprehensive Plan and Land Development Regulations (LDRs) and that a variance was granted by the Board of Adjustment on October 10 since the proposed tower did not meet the setback requirements.  He stated that there had been some questions raised by the opposition regarding the consistency of towers with community facilities, civic uses, and utilities and explained that towers were consistent with all of those uses.  He specified that towers were considered non-commercial uses, because there were no sales or service provided from that location, and they were also considered community facility districts since they provided communication services to the community.  He noted that telecommunications towers were specifically detailed in another section of the LDRs and that towers provided their own unique issues and were very dependent upon site characteristics and distances from residents.  He related that there were also questions about whether towers were allowed within the Wekiva Protection Area and about the emissions of the proposed tower, and he noted that they were allowed and that the Federal Telecommunications Act specifically prohibited local governments from considering emissions and radiation type arguments as a basis of their zoning decision.

Commr. Cadwell disclosed for the record that he met with The Kings regarding the Erie Lake-AT&T Mobility Tower case, but they did not mention this case during their discussion.

Commr. Sullivan stated that he had done the same.

The Vice Chairman opened the public hearing.

Ms. Mary Solik, Counsel for Vertex Development, LLC, recognized that there was staff in the audience from Vertex Development, AT&T and Verizon who were available to answer questions.  She explained that one of the objections to the tower was that the carriers did not provide a suitable justification for the tower and noted that County Code did not require that; however, AT&T did provide wireless coverage information to County staff as part of the variance application, which was the first step in the approval process.  She indicated that the opposition also stated that there was no need for a tower in such a sparsely developed area that was not slated for intense development in the future and pointed out that the need for cell service had changed greatly over the years.  She reported that the Federal Communications Commission (FCC) estimated that nationally 70 percent of all 911 calls came from mobile devices and locally about 80 percent of all 911 calls came from mobile devices.  She added that mobile devices were great public safety tools, but they also presented some challenges for first responders, because the devices were not tied to specific locations, and they were only as good as the network of cell sites in the area.  She noted that first responders could not respond to the calls in a timely manner if they could not triangulate the caller’s location and that the County needed to provide first response and emergency personnel in all areas of the County.

Ms. Jacqueline King, a resident of Clermont, addressed the Board in opposition to the request and showed a presentation.  She pointed out that she reviewed the Comprehensive Plan and LDRs and found that the Comp Plan required a CUP for civic uses, which included community facilities, and the LDRs had a “catch-all” heading that included communications towers.  She related that a communications tower could not be classified as a community facility based on the definitions provided in the Comp Plan.  She stated that the Comp Plan distinguished between civic uses and utilities and that a tower was considered a private utility and not a civic use.  She noted that the 2030 Comp Plan was supposed to protect the four rural protection areas from unnecessary urban development.

Mr. Scott Taylor, a resident of Sorrento, stated that he opposed the tower, because the location of it presented a risk to the bird population that followed the course of the Wekiva River.  He handed out a report in support of his argument, pointing out that almost seven million birds were killed each year when they flew into communications towers and suggested replacing the always-on red lights on the towers with blinking lights.  He mentioned that the focus on preserving the Wekiva Basin must continue, and the impacts must be run through a more severe filter to ensure that the requirements of the 2004 Wekiva River Parkway and Protection Act were fulfilled.  He stated that he hoped the tower would not create a problem when building the Wekiva Parkway and that he was concerned that the 200 foot leeway was not sufficient for a fall zone standard for towers.  He also handed out Exhibit 1-6 of the Wekiva Parkway plan and indicated that his concern was that the retention pond was planned on the proposed location and that it could potentially have to be relocated onto state property.

Ms. Solik addressed the concerns of the opposition and pointed out that Ms. King’s residence was 47 miles to the south of the proposed tower.  She then noted that the FCC had extensively studied the impact of cell towers on migratory bird patterns and found that guide towers and lighted towers were the only towers that affected the birds, and the proposed tower was neither one of those.  She indicated that they had access to the plans for the Wekiva Parkway and believed they sited the tower outside of its path, but the tower would be moved if it ended up being in the Parkway’s path.

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

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved CUP #13/10/1-4, the Wekiva River West Tower, which was a request for a Conditional Use Permit for the construction and operation of a 195 foot monopole telecommunications tower within the Agriculture (A) Zoning District and approved Ordinance No. 2013-62.

erie lake/AT&t mobility tower – cup #13/11/1-1

Mr. Sheahan presented the case, stating that the request was for a Conditional Use Permit for a 150 foot monopole communications tower in the Agriculture (A) Zoning District.  He indicated that the 38 acre property was located in the Clermont area, west of the SR 33 Double H Lane intersection and was also in the Green Swamp Rural Conservation Future Land Use category.  He noted that the proposed tower and equipment would be situated on a 6,400 square foot area that was 80 feet by 80 feet.  He mentioned that a condition was placed in the ordinance stating that Double H Lane could not be used to access the tower, and an easement must be created on the neighboring parcel, which was also owned by the same owner of the property in question.  He related that the same issues were brought up about the consistency of towers with community facilities, civic uses, and utilities as in the Wekiva River West Tower case and that additional issues such as environmental impacts and wetland setbacks were also brought up.  He noted that the tower would comply with all requirements through the site plan process, as well as through permits required from all state and federal agencies.  He added that wireless antennas, towers, and equipment were included under the community facility use category in the LDRs.

Commr. Conner stated for the record that they had received a petition entitled “Stop AT&T from Building a Tower in the Green Swamp Area.”

The Vice Chairman opened the public hearing.

Mr. Ben Tucker, representing AT&T, explained that they had already started the engineering and the surveying for the additional right-of-way on the neighboring parcel.  He added that they were unaware of the deed restriction on Double H Lane, but the neighbor brought it to their attention and they were working on resolving the issue.

Mr. Barry Viljoen, a resident of Clermont, spoke in opposition to the request, stating that he was a farmer who lived in the Green Swamp Area of Critical State Concern and did not want the area to become urbanized.  He added that he represented everyone who signed the petition.  He showed a map of the cell tower locations in Florida and pointed out that one mile to the north of the proposed tower was an existing tower installed in 2011, farther south was a tower farm which consisted of six towers, and there were four towers on the outskirts of the Green Swamp.  He questioned why there was not better utilization of the existing towers in that area and also mentioned that the proposed tower was located in the protected wetlands and that there were 38 rare endangered species in that area as well.

Ms. Jacqueline King, a resident of Clermont, showed a presentation and pointed out that the LDRs stated that community facility uses was an allowable use pursuant to subsection 3.01.02(E); however, that section did not include telecommunications towers.  She added that the tower was considered commercial and was not for the benefit of the immediate community.  She related that the 2030 Comprehensive Plan had different rules and clearly distinguished between civic uses and utilities, because they had different requirements.  She noted that utilities were not permitted in protected areas according to the policy, but civic uses were.  She urged the Board to stop allowing anything to come into the protected areas, because Lake County had pledged to exercise extraordinary care to provide special protection to the intrusion of urban uses, and a cell tower was considered an urban use.

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

Commr. Cadwell commented that the State had severely limited their ability to take into consideration certain things when it came to cell tower siting.  He noted that there were many restrictions on what could happen in the Green Swamp because of the recharge value, but this tower was probably one of the least intensive uses they could place in the Green Swamp.

On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved CUP #13/11/1-1, the Erie Lake/AT&T Mobility Tower, which was a request for a Conditional Use Permit for a 150 foot monopole communications tower in the Agriculture (A) Zoning District and approved Ordinance No. 2013-63.

four corners sand mine – mcup #13/3/1-2

Commr. Conner read an email from Commr. Campione stating that she was unable to attend the Board meeting due to a health issue, and she was supportive of Cemex’s request for postponement until December since the request was based upon Cemex’s desire to have a full Board in attendance when their case was heard.  He then explained to the audience that they would only be discussing the request for postponement and not the merits of the case.

Commr. Cadwell disclosed that he had previously spoken with Mr. Jim Karr, The Hills, Cemex and Councilman Ray Goodgame about the case.

Commr. Parks and Commr. Sullivan mentioned that they had met with the same people.

Commr. Conner disclosed that he had spoken with Mr. Steve Adams, Mr. Jim Karr, Councilman Ray Goodgame and Mr. Jim Burgess.

Mr. Sheahan explained that Cemex had requested a continuance until the December 17 BCC meeting and that the Board’s decision that day was whether to honor that request.  He indicated that staff received three notices of appearance from Mr. Kurt Ardaman, Esq. and Thomas “Jim” Karr on behalf of South Lake Crossings I, II, and III; Mr. Craig Langley, Esq., on behalf of Floribra-Bradshaw, LLC, Marina Landing-Lykes, LLC, BLR-Shell Pond, LLC, Floribra-Shell Pond, LLC, and Hartwood Properties, LLC; and Mr. David and Mrs. Lisa Hill on behalf of their own property.

The Vice Chairman opened the public hearing.

Mr. Roger Simms, representing the applicant, stated that they were prepared to move forward that day, but they had requested a postponement until December 17 so that there would be a full Board to consider such an important application.

Mr. Langley pointed out that the five entities he represented were also stakeholders in the Wellness Way Sector Plan and asked for a postponement for a minimum of six months.

Mr. Karr noted that he came prepared to hear the case that day, but if the postponement was approved, he would request at least six months so that more work could be done on the Sector Plan.

Mr. Hill commented that he and his wife owned 120 acres on the east border of the proposed sand mine and that they had come there ready to discuss the merits of the case.  He requested that they postpone the case until after the Sector Plan was finished if it was not being heard that day.

Mr. Ray Goodgame, Mayor Pro-tem for the City of Clermont, explained that the Four Corners Sand Mine was part of the Sector Plan, which was the most significant economic development plan in Lake County, and the plan was not complete yet.  He noted that there was a meeting scheduled between the Clermont City Council and the Board to discuss the Sector Plan, which had to be postponed, but that meeting, as well as others, was necessary in order to complete the plan.  He also suggested a six month postponement to allow for time to complete the Sector Plan.

Mr. Jack Martin, President of the Kings Ridge Homeowners Association, mentioned that he was strongly in favor of a six month delay, adding that he was very interested in the Sector Plan, because it was one of the most positive things that had come along in South Lake County in a long time.

Mr. Simms pointed out that they had agreed to a six month delay back in May in the hopes that the Sector Plan would be far enough along to allow for an informed decision; however, tying the sand mine to the Sector Plan from a legal standpoint was not appropriate, and the facts and the law were the only things the Board could base their decision on.  He added that six months was a long time to ask them to wait since they had already been delayed and would create an extreme hardship.

Mr. Ardaman with the Fishback Dominick Law Firm who represented Southlake Crossings I, II, and III indicated that he was prepared to discuss the case that day, but he would support a six month continuance rather than a 30 day continuance, since it would be difficult to have the property owners and experts available to testify in December.

Ms. Tracy Mouncey, representing Cemex, mentioned that Commr. Campione had informed her on November 14 that she would not be at the hearing due to an illness, and at that time her team made a decision to request a 30-day continuance so they could be heard before the full Board.

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

Commr. Parks expressed that he was opposed to granting a continuance to December 17 and would rather continue it for six months, because he had been monitoring the applicant’s efforts to work with the stakeholders, and a lot of detail was still lacking.

Commr. Cadwell asked who had made the original six month postponement request back in May.

Mr. Sheahan replied that it came from Cemex.

Commr. Cadwell opined that the wording of the Chairman’s letter almost predisposed them to postpone the case, because it referenced making sure there was a fair hearing.  He added that he was in favor of a postponement, but he questioned the timetable on the Sector Plan and thought that tying the case to that timetable was not fair to the applicant.

Commr. Sullivan indicated that six months was too long, but 30 days was too short, and he suggested postponing the case for 60 days.

Commr. Conner stated that they should either hear the case that day or postpone it for six months.  He then asked if that was in the Board’s jurisdiction.

Mr. Minkoff answered that the Board had the authority to do that.

Mr. Heath commented that if the case was postponed, it would be coming back to the Board in May 2014; however, the Sector Plan would still not be ready to be approved and would probably come to the Board in the fall.

Commr. Conner clarified that the Sector Plan was not relevant to the case according to Mr. Simms.

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried by a 3-1 vote, the Board approved to postpone MCUP #13/3/1-2, the Four Corners Sand Mine, until May 2014.

Commr. Sullivan voted “no.”

recess and reassembly

The Chairman announced at 10:31 a.m. that there would be a 20-minute recess.

public hearings

ordinance regarding access to the Lake County Courthouse

Mr. Minkoff stated that the ordinance reflected changes with the opening of the Courthouse and that staff worked with Judge Don Briggs and Sheriff Gary Borders on it.  He then placed the proposed ordinance on the floor for its first and final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, AMENDING CHAPTER 9 ENTITLED COURTS AND LAW ENFORCEMENT, ARTICLE I, SECTION 9-4, ENTITLED "PUBLIC USE OF THE LAKE COUNTY JUDICIAL CENTER;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Vice Chairman opened the public hearing.

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

Commr. Cadwell asked if the judges and Sheriff would have to approve any changes made to the Courthouse, such as if they decided to move the handicapped parking spaces.

Mr. Minkoff replied that the County was in charge of the facility, and the judges were limited to the private areas, so the County would have to work with the Sheriff and judges if they wanted to make changes to the gated area.

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 4-0 vote, the Board approved Ordinance No. 2013-65 amending Section 9-4 of the Lake County Code regarding public use and access to the Lake County Courthouse.  There is no fiscal impact.

Resolution regarding the Sheriff’s office budget authority

Mr. Heath explained that the Sheriff’s Office provided the Board their financial statements for the Fiscal Year ending September 30, 2013 as required by Section 218.35 of the Florida Statutes.  He added that the Board also received $290,287 in excess funds for depositing into the General Fund as part of the year-end financial statements and that the Sheriff requested that the Board transfer those funds back to them for their operational needs for Fiscal Year 2014.  He noted that the public hearing had been properly advertised and was being held as required by Chapter 129 of the Florida Statutes.

The Vice Chairman opened the public hearing.

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

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 4-0 vote, the Board approved a transfer to the Sheriff's Office and Resolution No. 2013-150 adopting the amended budget authority for the Sheriff's Office for Fiscal Year 2014. The fiscal impact is $290,287 (expenditure).

ordinance regarding commercial and industrial impact fees

Mr. Minkoff noted that currently the payment of impact fees for commercial and industrial uses was at the time of the building permit or upon request and approval of the Board at the certificate of occupancy, and this ordinance would change the prepayment to take place at the certificate of occupancy for all commercial and industrial uses.  He then placed the proposed ordinance on the floor for its first and final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 22-8, LAKE COUNTY CODE, ENTITLED PAYMENT AND USE OF IMPACT FEES; AMENDING SECTION 22-10, LAKE COUNTY CODE, ENTITLED WAIVER AND DEFERRAL OF IMPACT FEES FOR COMMERCIAL AND INDUSTRIAL LAND USES; PROVIDING FOR PAYMENT OF IMPACT FEES AT CERTIFICATE OF OCCUPANCY FOR COMMERCIAL AND INDUSTRIAL USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.

The Vice Chairman opened the public hearing.

Ms. Carolyn Maimone, Executive Director of the Lake-Sumter Homebuilders Association, expressed support for the ordinance, adding that there was a meeting set up between her and County staff to discuss having this option for residential as well, and she hoped there would be an opportunity to bring that option back for a public hearing.

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

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved Ordinance No. 2013-66 amending Sections 22-8 and 22-10 of the Lake County Code regarding the deferral on the collection of impact fees for Commercial and Industrial Land Uses until the issuance of the Certificate of Occupancy.  There is no fiscal impact anticipated.

presentation

employment center master plan

Mr. Mark Reggentin, Mount Dora Planning Director, gave an update on the master plan for the employment center in Mount Dora.  He explained that there was a long history of cooperation with the County on the master plan, specifying that in 2001 the Orlando-Orange County Expressway Authority started talking about building a northwest extension to SR 46, and that was when the City and County started discussing economic development opportunities.  He noted that a joint planning agreement between the County and the City, as well as the Wekiva Parkway and Preservation Act, was adopted in 2004, and the County and the City identified employment centers and regional office districts in both of their Comprehensive Plans in 2009 and 2010.  He related that they then adopted a joint resolution for the employment center in 2011, and they were awarded state grant funds for the employment center master plan in 2013.  He showed a map of the study area, which were areas along SR 46 and Round Lake Road, and pointed out that the areas did not fall within Mount Dora city limits, but was in unincorporated Lake County; however, the areas were in their joint planning area, annexation area, utility service area, and their future city limits.  He described the scope of the master plan, stating that it would include a market analysis, a conceptual master plan, and a marketing package.  He explained that the market analysis would provide information on untapped market sectors in the Central Florida market and would identify East Lake County’s position in a regional context and help guide the future targeting of businesses to the area.  He noted that the conceptual master plan would evaluate infrastructure needs, develop mix and location of uses, and provide site and building elevations.  He indicated that the marketing package would be provided to prospective investors and economic development agencies to raise awareness of the development opportunities in the area.  He stated that there was a kickoff meeting last week with property owners and potential stakeholders where they were provided information and asked for input on the project area.  He mentioned that they planned on scheduling additional meetings for the major stakeholders to conduct more in-depth interviews and small group meetings to further refine the vision of the study area and that there would also be a community open house to present the draft master plan to receive feedback on it.  He related that the market analysis must be completed in January 2014, the master plan in April 2014, and the marketing plan in May 2014.  He added that they would be working diligently on the plan over the next year and he complimented County staff for their work on it.  He also mentioned that there would be a lot of competition in the area for the same types of businesses, so they needed to position themselves to be competitive.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

growth management

land development regulation amendments

Ms. Amye King, Growth Management Director, gave an overview of the proposed Land Development Regulations (LDRs) relating to the Green Swamp, natural resource protection, nonconforming wetland amendment, and backyard chickens.  She explained that the proposed Green Swamp LDR would replace and update Chapter VIII in order to provide consistency with the 2030 Comprehensive Plan for the Green Swamp Area of Critical State Concern and would also add definitions for consistency.  She highlighted that the main changes pertained to the review criteria required for development; the small-scale sporting and recreational camps; the protection of resources; and the prohibited uses of industrial, land spreading of wastewater residuals, solid waste facilities, and mining.  She pointed out that the natural resource protection LDR would update the standards to reduce duplicative regulations; maintain protection standards related to setbacks, mitigation, and development consistent with the Comp Plan; and would add definitions.  She added that the ordinance would require that specific legal criteria be met before the dedication of real property or right-of-way and would also require standards for granting a variance to the setback requirement from wetlands.  She noted that the nonconforming wetland amendment LDR would amend Chapter I in accordance with a recently adopted Comp Plan amendment and would provide that the term “development” include any type of variance, average setback determination, ordinance, or waiver.  She explained that currently any development approved prior to September 22, 2011 with a wetland setback of less than 25 feet was considered nonconforming and could not be developed at the previously approved setback.  She related that the proposed ordinance would permit the development at the setback prescribed by the prior development order or ordinance and would consider the development conforming.  She pointed out that the backyard chickens LDR would allow chickens, other than roosters, within certain zoning districts as an accessory use to an occupied dwelling, but it would not allow more than five chickens or slaughtering.  She added that the chickens must be secured in a coop or fenced enclosure at all times, and feed and other items must be kept in a rodent and pest-proof container.  She related that manure could not accumulate on the floor or the coop and must be kept in a fly-tight bin at least 20 feet from property lines and that composting of manure was allowed as long as it was in an enclosed bin 20 feet from property lines.  She indicated that the coop or fenced enclosure could not be located in front or side yards, and it must be located 20 feet from all property lines.  She then requested approval to advertise the ordinances for the December 17 BCC meeting.

On a motion by Commr. Parks, seconded by Commr. Cadwell and carried by a 3-1 vote, the Board approved the request from Growth Management for approval to advertise public hearings for amendments to the Land Development Regulations (LDRs) relating to the Green Swamp, Natural Resource Protection (habitat), Nonconforming Wetland Amendment and Backyard Chickens.

Commr. Conner voted “no.”

appointments

Lake County Library Advisory Board

On a motion by Commr. Sullivan, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board appointed Ms. Mary Page to the Lake County Library Advisory Board as the City of Minneola Alternate Member to complete an unexpired term ending February 28, 2014 and to serve an additional four-year term ending February 28, 2018.

Affordable Housing Advisory Committee

On a motion by Commr. Sullivan, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board appointed Ms. Machelle Koonce to the Affordable Housing Advisory Committee under the category of a Resident who Represents Essential Services Personnel as defined in the Housing Assistance Plan to complete an unexpired term ending November 30, 2013 and to serve an additional two-year term ending November 30, 2015; and approved Resolution No. 2013-151.

reports – county manager

Update on Route 55 and 204

Mr. Heath informed the Board that they had exchanged draft agreements with Lynx and the agreements were supposed to go before Lynx’s board on November 20.  He added that the routes would be reinstated on December 1 if approved, but they had to reschedule their meeting for December 4.

Commr. Parks elaborated that it was due to the lack of a quorum.

Commr. Cadwell expressed that the Board was committed to getting Route 55 up and running, but now the route would be delayed.

reports – commissioner sullivan – district 1

board committees

Commr. Sullivan stated that he appreciated the continuity of the commissioners and thought that everything was going well, especially with the committees each commissioner sat on, and he hoped that would continue.

REPORTS – COMMISSIONER conner – vice-CHAIRMAN AND DISTRICT 3

doc stamps

Commr. Conner commented that he was advised that the League of Cities, the Florida School Board Association (FSBA), and the County had a meeting once a year and that the doc stamp issue could be brought up by the FSBA at that meeting, so he planned on letting the Chairman of the School Board know that.

reports – commissioner cadwell – district 5

NACo 2nd Vice President

On a motion by Commr. Cadwell, seconded by Commr. Sullivan and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2013-143 supporting the candidacy of Commissioner Bryan Desloge for NACo 2nd Vice President.

water authority meeting

Commr. Cadwell mentioned that he and Mr. Robert Chandler, Economic Development and Tourism Director, would be attending the Water Authority’s meeting on Wednesday where they would be making a presentation regarding beach volleyball courts.

Florida Association of Counties

Commr. Cadwell noted that the Florida Association of Counties (FAC) added synthetic drugs to their list of issues for the year and that they were looking at the big picture of how to fix the problem.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:31 a.m.

 

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leslie campione, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK