The Lake County Board of County Commissioners met in regular session on Tuesday, August 25, 1992 at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Barbara Lehman, Deputy Clerk in charge of County Finance and Internal Audits; and Toni M. Riggs, Deputy Clerk.
Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.
PUBLIC HEARINGS/TIMES CERTAIN
ROAD CLOSINGS
PETITION NO. 688 - Ahmed ElDifrawi, President, Garden City
Resort Homeowners Association - Groveland Area
Mr. Jim Stivender, Director of Public Works, was present to discuss the request. Mr. Stivender stated that he has received letters from every property owner in this area indicating that they want the roads to be private roads rather than having them dedicated to the public.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved Vacation Petition No. 688 by Ahmed ElDifrawi, President, Garden City Resort Homeowners Association, Phase I, to vacate road, Royal Palm Drive, Groveland Area, District 2, as advertised.
PETITION NO. 689 - Angelo J. Adriano, Jr. - Sorrento Area
Mr. Jim Stivender, Director of Public Works, was present to discuss the request. Mr. Stivender stated that the adjacent property owners, the Smiths, had legal access prior to this development, and discussed the 25 foot easement, in relation to the
property owners to the west. He stated that staff has no objection to the petition; however, the Smiths have written a letter requesting a 40 foot right-of-way, or an easement, over the existing 66 feet for their ingress and egress. It was noted that the petitioner had indicated to him that they would work with the Smiths to solve this issue, because they did not want this to become a future public roadway.
It was noted that the applicant was present in the audience, and no one present wished to speak in opposition to the request.
Mr. Stivender recommended that the Board postpone action on this issue, until such time an easement is prepared that will be in agreement with all parties involved.
Mr. Stivender stated that the location of the well will be verified, and recommended a 30 day postponement.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved to postpone action on the Vacation Petition No. 689 by Angelo J. Adriano, Jr., to vacate road, Gatwick Subdivision, Sorrento Area, District 4, for a period of 30 days, until September 22, 1992.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Regular Minutes of August 4, 1992, as presented.
Discussion occurred regarding the Regular Minutes of June 23, 1992, with the following correction being made:
Page 13, Line 3 - Delete: "Commr. Swartz informed"
Add: "the Board was informed that..."
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Regular Minutes of
June 23, 1992, as amended.
Discussion occurred regarding the Regular Minutes of July 21, 1992, with the following correction being made:
Page 15, Line 17 - Add: "...he does not agree..."
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Regular Minutes of
July 21, 1992, as corrected.
Discussion occurred regarding the Regular Minutes of July 28, 1992, with the following correction being made:
Page 5, Line 21 - Delete: "was sworn in and"
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Regular Minutes of
July 28, 1992, as corrected.
CONSTITUTIONAL OFFICERS
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed
Payment of Warrant #155316 through Warrant #155788 for the following accounts:
County Transportation Trust Landfills
General Revenue Capital Outlay
Section 8 Insurance Fund
Private Industry Council County Fire Control Fund
Commissary Trust Fund Mosquito Control
Aquatic Weed Emergency 911 Fund
Law Library Resort & Development Fund Tax
Countywide Library Revenue Sharing
Road Impact School Impact Trust Fund
Animal Shelter Trust Fund Northeast Ambulance
Accounts Allowed/Assessments/Subdivisions
Satisfaction of Assessment Liens for the following:
Mt. Plymouth Subdivision
Thomas H. Johnson III $ 816.60
Cynthia A. Maloney & Sharon R. Luther 396.30
Marcy A. Harrell 812.30
Marcy A. Harrell 812.30
Michael & Judith Awalt 1,256.51
Astor Forest Campsites
Robert N. & Jacqueline M. Klimeck $1,439.17
Crescent View Development
Harold O'Brien $2,181.98
Clark Road
William & Matilda E. Hernandez $1,197.06
Mount Plymouth II
Charles Hinds $1,873.06
Ocala Forest Campsites
Michael J. & Carole Schall $ 770.38
Hedrick & Jewell Bledsoe 385.19
Randy & Malinda Hunsicker 770.38
Garcia/Edge Subdivision
Jeremiah Taylor $ 524.00
Ravenswood Subdivision
Robert & Kathy Polk $ 997.05
Accounts Allowed/Courts-Judges
Request to approve and authorize proper signatures on the Satisfaction of Judgment State of Florida vs. Elijah M. Winchester, Jr., Case No. 86-899-CFA-01.
Accounts Allowed/Reports
Acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending July 31, 1992, in the amount of $145,706.68. Same period last year: $135,824.62.
Municipalities/Ordinances/Subdivisions
Acknowledge receipt of Ordinance 1992-B, from the City of Umatilla vacating portions of a platted subdivision, all of which are in Roberts Subdivision, passed on March 17, 1992.
Utilities
Acknowledge receipt from the Florida Public Service Commission: Notice of Commission Hearing, Initiation of Show Cause Proceedings Against Paytel Systems for Violation of Florida Public Service Commission Rules, Thursday, September 3, 1992, 9:30 a.m., Room 122, Fletcher Building, 101 East Gaines Street, Tallahassee, Florida.
COUNTY MANAGER'S CONSENT AGENDA
ADMINISTRATIVE SERVICES/BUDGETS
Commr. Swartz directed the Board's attention to Page 2 of the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, and questioned the amount of $150,000.00 pertaining to (2) Corrections. Mr. Pete Wahl, County Manager, informed the Board that the figure should reflect $15,000.00, with this change being noted for the record.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following:
(B) Award Bids and Encumber Funds
(1) Corrections National Health Lab./ $ 15,000.00
Request approval of
(1) year option to
extend Bid #063-965-091
Laboratory services for
inmates.
(2) Corrections Waterman Med.Pharmacy/ $15,000.00
Request approval of
(1) year option to
extend Bid #017-268-092
Prescription Drugs for
inmates.
(3) Corrections Harrison Uniform Co./ $7,440.00 Request approval of
(1) year option to
extend Bid #012-963-092
Officers Uniforms for
Correction officers.
To be purchased on as-
needed basis.
(4) Corrections R & R Uniforms/ $ 5,000.00
Request approval of
(1) year option to
extend Bid #012-963-092
Officers Uniforms for
correction officers.
(5) County Wide Master Communications/ $ 34,251.20
Bid Request approval of
option to extend
Bid #007-958-092.
County Wide Two-way
Radio Communications
Maint. & Repair. Low
bid.
(C) Approve Quotations and Encumber Funds
(1) Admin. Svc. Aalii Printing & $ 2,023.00
Office of Typesetting/ Low
Mgmt./Budgets bid on printing of
Annual Budget Books
1992/93.
(2) Capital Impv. A.A. Casey/ Low Bid $ 1,620.65 Infrastructure on misc. maintenance
Sales Tax Fund hand tools for main
CJF-2326 jail.
(3) Corrections Cadillac Faulkner $ 1,623.68
MAIN-87 Plastic/ Low bid on
building materials
Corrections Div.
(4) Corrections Ferguson's Produce/ $ 3,000.00
Food Svc. Blanket P.O. for the
FS-194 Month of August and
September 1992 for
produce for remainder
of FY. Low bidder.
Produce quoted out
on weekly basis.
(5) Development Helena Chemical/ $ 3,445.30
Aquatic Weed Chemicals for weed
AWC-051 control.
(6) Health & Gen. Lab Safety/ Low Bid for $ 1,294.45
Svc. Fire Svc. laboratory supplies for
FS8-144 Federally mandated
Exposure Control Program.
(7) Health & Gen. Fla. Air Gas/ Low bid $ 2,330.94
Svc. Fire Svc. for welder to be used
FS9-202 to fabricate stainless
steel tanks for trucks.
(8) Public Works Anchor Coatings/ $ 2,606.25
Road Maint. Coating for new building
RBM-13721 at Maintenance Area I.
(9) Public Works Lasher Feeds/ Low bid $ 1,912.50
Parks & Rec. for fence post for (3)
REC-0066 Park Facilities.
(E) Approve Other Payments and Encumber Funds
(1) Corrections Waterman Medical Ctr. $ 3,727.00
MED-136 Pharmacy/ Over-the-
counter stock supplies
for Medical Dept. County
Bid #017-268-092.
(2) Health & Gen. Pride of Florida/ $5,555.95
Svc. Fire Svc. Uniforms for fire
FS8-140 personnel.
(F) Approve Services That Do Not Require Bids
or Quotes and Encumber Funds
(1) Capital Impv. Post, Buckley, Schuh $ 1,500.00
Infrastructure & Jernigan, Inc./
Sales Tax Fund Supplemental req. for
ground water sampling
taken at Criminal
Justice Facility, June
1, thru Sept. 30, 1992.
Per contract #P-470.
Per requirements of
St. Johns River Water
Management District.
(2) Capital Impv. Florida Power/ Supple- $12,000.00
Infrastructure mental req. for P.O. #
Sales Tax Fund 70085 for utility svc.
to Judicial Center.
(3) Corrections Correctional Counseling $ 3,295.00
GEN-34 Inc./ Sole source. 150
sets of MRT books for
substance abuse program.
(4) Corrections Waterman Medical Ctr./ $14,461.58
BIL-19 Inmate medical care.
(5) Corrections U.S. Postmaster/ $ 1,500.00
COM-249 Blanket P.O. for the
month of Aug. & Sept.
1992 for stamped
envelopes for resale
to inmates.
(6) Corrections Dr. Eugene W. Glenn/ $ 2,080.00
MED-132 Inmate dental care.
(7) Corrections Quality Xray/Radiology $ 1,935.00
MED-134 service for Inmates
for June 1992.
(8) Environmental Post,Buckley,Schuh & $ 7,520.78
Svc. Pollution Jernigan Inc./ Services
PC-90 rendered over & above
original contract amount
of $205,000.00. Contract
#P-318.
(9) Environmental Personalized Computer $ 1,300.00
Svc. Pollution Application/ (1) year
PC-088 subscription of Fl.
Admin. Code & Statutes.
Updated quarterly, single
user. Including (1) Folio
View 2.1 infobase soft-
ware.
(10) Health & Gen. Clemmons Truck Pts./ $ 1,757.88
Svc. Fire Svc. Emergency repair of
FS9-181 Transmission for Prop.
#11,679 & 35, 1974
Intl.
(11) Health & Gen. Northwest Truck Pts./ $ 1,438.48
Svc. Fire Svc. Emergency repair of
FS9-183 engine for Prop. #
21,653X, 1952 Tanker
woods truck.
(12) Health & Gen. A.D. Rosier/ Emergency $ 1,955.00
Svc. Fire Svc. repair of pump for Prop.
#8845, 1954 Diamond Reo
Tanker.
(13) Public Works City of Tavares/ $ 3,500.00
Maintenance Blanket P.O. for water
XCH-13067 & sewage for Courthouse
for remainder of Fiscal
year 1991/92.
(14) Health & Gen. Harris Oil & Air/ To $ 2,000.00
Svc. Fire Svc. cover service for the
FS3-29 remainder of FY 1991/
1992.
(15) Health & Gen. Pride of Florida/ $ 753.00
Sv. Fire Svc. Change order to cover
FS8-127 printing cost of
Standard Operating
Procedures. New P.O.
total $1,154.25.
(16) Corrections Mutual Wholesale Co./ $16,000.00
FS-144 Change order to cover
service thru Sept. 30,
1992 Staple food for
Jail. Bid #019-387-092-1.
New P.O. total $88,000.00.
(17) Corrections C & P Food Service/ $12,000.00
FS-145 Change order to cover
service thru Sept. 30,
1992 Meat & Related
items for Jail Bid #
020-387-092-1. New P.O.
total $14,000.00.
COUNTY ATTORNEY'S AGENDA
COMMITTEES/COUNTY PROPERTY/DEEDS
CONTRACTS, LEASES & AGREEMENTS
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County will be closing on the property at the Industrial Park, which has been purchased by the Leahy Property Development Company. She requested that the Board authorize the Chairman to execute all documents relating to this closing.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the Chairman to execute all documents relating to the closing of the property at the Industrial Park, which has been purchased by Leahy Property Development Company.
ASSESSMENTS/COUNTY ATTORNEY
Ms. Annette Star Lustgarten advised the Board that the Attorney General has issued an opinion on the question in relation to special assessments on tangible personal property confirming her opinion that the County cannot impose non-ad valorem assessments against tangible personal property. The next step would be to pursue this issue through the legislature.
ACCOUNTS ALLOWED
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the ratification of financial items which needed to be paid prior to the Board meeting.
MEETINGS/STATE AGENCIES
Commr. Hanson informed the Board of the Third Annual Florida Rural Economic Development Conference to be held November 17-19, 1992, in Ocala, Florida.
ADDENDUM #1 - COMMISSIONER'S BUSINESS
RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to ratify an emergency resolution expressing appreciation to Vice President Dan Quayle for honoring Lake County through a personal visit to the County.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/OUTDOOR RECREATION
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Justin Miller to the Parks and Recreation Advisory Board to replace Katherine England. The appointment is to expire May 20, 1993.
MUNICIPALITIES/RESOLUTIONS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution in support of the City of Leesburg in obtaining funding from the Historic Preservation Advisory Council for the restoration of the Mote-Morris Home in Leesburg.
PUBLIC HEARINGS
PLANNING & DEVELOPMENT/ORDINANCES
At 9:15 a.m., the Chairman announced that the advertised time had arrived for the Board to consider a proposed ordinance establishing a moratorium on the issuance of building permits for off-site signs (billboards).
Ms. Annette Star Lustgarten, County Attorney, stated that the Board directed that an emergency ordinance be drafted to impose a moratorium, until such time an ordinance can be developed amending
the County's sign ordinance. She stated that, in order to do this, the Board will need to invoke the provision of Chapter 125.663 of the Florida Statutes, which refers to an emergency enactment of an ordinance. She further stated that the Board will need to waive the notice requirements, in order to go forward and consider the ordinance on the moratorium.
Commr. Gregg stated that this issue came about in response to the problems at the Florida Turnpike, and that he would like to see the moratorium applied only to this area.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved to waive the notice requirements, as sited in Chapter 125 of the Florida Statutes.
Ms. Lustgarten stated that the proposed ordinance was drafted broadly, and she is of the understanding that the Board wishes to amend it so that it talks only about building permits for outside signs along the Sunshine State Parkway.
Commr. Gregg stated that he would like the ordinance to include those County roads that run parallel and adjacent to the Sunshine State Parkway.
Discussion occurred regarding language to include "the Sunshine State Parkway and those roads that abutt, or connect to, or run parallel to the Parkway."
Ms. Lustgarten stated that the representatives with the Sunshine State Parkway are pursuing the issue of whether jurisdiction over the Parkway has been delegated to the Florida Department of Transportation (FDOT), who has been issuing the permits. She stated that this issue is being pursued for informational purposes, with the intent of the Board being to adopt the moratorium today. Ms. Lustgarten stated that there are pending building permits for billboards that would be effected by the moratorium. She referred to Page 3, Section 3, which states "Any applications for building permits for off-site signs pending on the effective date of this Ordinance shall be subject to the moratorium established herein."
Mr. Earl Moseley, Moseley Outdoor Advertising, appeared before the Board and stated that he has spent $4,000.00 on land lease, and he has two building permits, one approved by the County and FDOT, and one approved by the County and is waiting for DOT approval. He requested that the Board consider issuing the building permits, as stated. At this time, he discussed the dates of the applications.
Commr. Swartz stated that those permits that have been issued will need to be honored, but if the permits have not been issued, they would be subject to the moratorium.
Discussion occurred regarding the permits issued to
Mr. Moseley, with it being noted that both permits have been signed off by the County, with only one having a FDOT permit.
Mr. Moseley stated that the sign waiting on the FDOT permit is on the west side of Highway 455, which is not a federal aid primary road, and that he has already executed the lease.
Commr. Bailey stated that the request made by Mr. Moseley should be honored for both signs, with Commr. Swartz indicating, from reviewing the contract, that the contract is activated only when the building permit is issued, and therefore, if the permit is not issued, there is no contract.
Mr. John Swanson, Executive Director of Planning and Development, stated that 13 building permits have been issued for billboards, but in other locations.
Ms. Lustgarten discussed the difference between the County's sign code and FDOT's requirements, and the section of the code that will be amended and brought back to the Board.
Through discussion, the following language was presented by Ms. Lustgarten, in the form of an amendment:
Page 3, Section 3: "An application that has been approved by Lake County for a building permit for an off-site sign pending on the effective date of this Ordinance shall not be subject to the moratorium established herein."
Ms. Lustgarten presented the following proposed language, to be included as amendments:
Title of Ordinance No. 1992- : "...a moratorium on the issuance of building permits for off-site signs along the Sunshine State Parkway, on roads connecting to the Sunshine State Parkway, or running parallel to, or are visible from the Sunshine State Parkway...".
Ms. Lustgarten stated that the above proposed language in the title will also be inserted on Page 2, at the end of Line 4, and Line 27.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to amend the title of the proposed ordinance, with the proper language also being inserted on Page 2, Line 4 and Line 27, to indicate that the Board is talking about signs on the Parkway, and locations along County roads that would run parallel, or perpendicular, or would abutt, cross, be visible, or connect to, the Florida Turnpike (Sunshine State Parkway).
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved the amendment to Page 3, Section 3, as stated above by the County Attorney, and pertaining to pending applications.
Commr. Swartz voted "no".
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance 1992-9, as amended, and as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR OFF-SITE SIGNS (BILLBOARDS) IN UNINCORPORATED LAKE COUNTY ADJACENT TO FLORIDA'S TURNPIKE, ON ROADS CONNECTING TO OR CROSSING UNDER FLORIDA'S TURNPIKE, AND ON ROADS PARALLEL TO AND VISIBLE FROM FLORIDA'S TURNPIKE; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR A DETERMINATION THAT AN EMERGENCY EXISTS AND THE NOTICE REQUIREMENTS OF CHAPTER 125, FLORIDA STATUTES, SECTION 125.66, HAVE BEEN WAIVED AS AUTHORIZED IN SECTION 125.66(3), FLORIDA STATUTES; PROVIDING THAT SAID MORATORIUM IS IMPOSED UPON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR BUILDING PERMITS FOR OFF-SITE SIGNS ADJACENT TO FLORIDA'S TURNPIKE, ON ROADS CONNECTING TO OR CROSSING UNDER FLORIDA'S TURNPIKE, AND ON ROADS PARALLEL TO AND VISIBLE FROM FLORIDA'S TURNPIKE AS PERMITTED IN CHAPTER XI, SIGNS, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, UNTIL SUCH TIME AS AN ORDINANCE IS ENACTED TO AMEND CHAPTER XI, SIGNS, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, IN RELATION TO OFF-SITE SIGNS, WHICH PROCESS HAS COMMENCED; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT UNTIL NOVEMBER 30, 1992; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
REZONING
PETITION #44-92-5 A to CFD Bay Street Baptist Church, Inc.
Mr. Greg Stubbs, Director of the Division of Current Planning, appeared before the Board to present this rezoning cases. At this time, the Deputy Clerk administered the oath to Mr. Stubbs.
Mr. Stubbs stated that the Board had in their backup material a memorandum from Donald A. Griffey, P.E., Engineering Director, Public Works Department, offering the following comments on the request: dedicate additional right-of-way to provide 50 feet from the centerline of C-44 and also 33 feet from centerline of Sugarsand Road. He further stated that there are conditions from Pollution Control that are to be included in the CFD ordinance.
No one present wished to speak in opposition to the request.
Commr. Bailey made a motion, which was seconded by
Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission and approve the request for rezoning from A (Agricultural) to CFD (Community Facilities District), with the conditions, as stated above.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that action needed to be taken separately on the variance and the rezoning.
At this time, Commr. Bailey withdrew his motion, with
Commr. Gregg withdrawing his second.
Commr. Bailey made a motion, which was seconded by
Commr. Swartz, to approve the variance of Section 9.03.05 (Section I) of the Lake County Land Development Regulations (LDRs) for 211 grass parking spaces, instead of the required surface with a durable surface such as, but not limited to, gravel, concrete or bituminous material.
Under discussion, Commr. Swartz suggested that the Board direct staff to develop some alternative regulations in the LDRs, which would address the concept of grass parking, so that it need not be a variance every time.
The Chairman called for a vote on the motion, which was carried unanimously.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to CFD (Community Facilities District), for a church and related uses, and the variance, as stated above. Included in the motion was the dedication of additional right-of-way to provide 50 feet from the centerline of C-44 and also 33 feet from centerline of Sugarsand Road, as submitted by Mr. Donald A. Griffey, P.E., Engineering Director.
PETITION CUP#92/7/2-2 CUP in A MacAsphalt
Mr. Greg Stubbs, Director of the Division of Current Planning, presented this request to the Board. He informed the Board that there were no letters for or against the request, and one letter of concern. He stated that the Pollution Control Department did place some conditions on the asphalt plant, which will be included in the CUP ordinance, as well as the request from Mr. Donald A. Griffey, P.E., Engineering Director, Public Works Department, for the dedication of additional right-of-way to provide 33 feet from the centerline of O'Brien Road.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP in A (Agricultural), for a temporary asphalt plant. Included in the motion was the dedication of additional right-of-way to provide 33 feet from the centerline of O'Brien Road, as submitted by
Mr. Donald A. Griffey, P.E., Engineering Director.
PETITION #43-92-2 R-1-7 to R-1 Timothy Marten
Mr. Greg Stubbs, Director of the Division of Current Planning, presented this request to the Board. He stated that the following was submitted by Mr. Donald A. Griffey, P.E., Engineering Director:
dedication of additional right-of-way to provide 50 feet from the centerline of C-561.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to the request.
Mr. Stubbs presented an explanation of the letter against the request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from R-1-7 (Urban Residential) to R-1 (Rural Residential), for the construction of a single-family dwelling. Included in the motion was the dedication of additional right-of-way to provide 50 feet from the centerline of C-561, as submitted by Mr. Donald A. Griffey, P.E., Engineering Director, Public Works Department.
PETITION #42-92-2 AR to RA Selectland Inc.
Mr. Greg Stubbs, Director of the Division of Current Planning, presented this request to the Board, and stated that the applicant had requested the elimination of lot numbers 4 and 5.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from AR to RA, for single-family homesites, with the elimination of Lot numbers 4 and 5.
PETITION MSP#92-7-2 Mining Site Plan Patrick Andre Wav're
Mr. Greg Stubbs, Director of the Division of Current Planning, presented this request to the Board. He stated that, because this is in the Green Swamp, an area of State concern, and the project has been appealed by the Department of Community Affairs (DCA), he, along with Ms. Annette Star Lustgarten, feel that the Board would be taking action on a mining activity in the Green Swamp, and recommended postponing action on the request.
Ms. Lustgarten suggested that the Board defer action on the request indefinitely, until such time the Administrative Hearing process is resolved through a settlement, stipulation and/or the hearing. She stated that the request can then be brought back at a meeting properly advertised.
It was noted that no one wished to make public comment on this issue.
On a motion by Commr. Bailey, seconded by Commr. Hanson and unanimously, the Board approved to postpone indefinitely the request for a mining site plan.
Mr. Stubbs stated that the applicant was notified, who indicated no strong opposition to this decision, because of the appeal issue.
JAILS/MUNICIPALITIES
Mr. Pete Wahl, County Manager, informed the Board that a request had been received from the Federal Bureau of Prisons for Lake County to house approximately 296 prisoners, due to the hurricane damage that had occurred to the Federal Prison in Miami. He stated that the Federal Bureau of Prisons is also assigning Correctional Officers to Lake County for this period of time.
RECESS & REASSEMBLY
At 9:50 a.m., the Chairman announced that the Board would recess until the 10:30 a.m. public hearing.
PUBLIC HEARINGS
PLANNING & DEVELOPMENT
At 10:30 a.m., the Chairman announced that the advertised time had arrived for the continuation of the discussion on the Land Use Plan Amendments and the Future Land Use Map (continued from
August 18, 1992).
Mr. Jake Varn, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., addressed the Board on the issue of the amendments to the Comprehensive Plan. He informed the Board that his memorandum dated August 20, 1992, consists of the action directed by the Board at the August 18, 1992 meeting. He stated that the proposed
revisions have been grouped into three categories, as follows: (1) non-substantive revisions; (2) substantive revisions; and (3) map revisions.
Commr. Bailey discussed C. Map Revisions, 3. "The area around Lake Louisa and the area southeast of Groveland needs to show a land use category." He stated that the high and dry land should be covered under transitional. Mr. Wahl indicated that staff did incorporate what the Board directed outside of the waterbody.
Mr. Varn stated that it was their intent to identify the wetland in upland areas, and once the jurisdictional lines are determined, this will be the controlling factor. He further stated that, if it was upland, it would be put into one of those land use categories, and, if it was wetland, it would be shown as wetland, with the appropriate density for wetland. Commr. Bailey questioned whether this would apply to the area south of Groveland called Anderson Street, with Mr. Varn stating that it would also relate to this area.
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board to address the changes that were made to the classifications, at the request of the Board.
Mr. Varn stated that Mr. Swanson calculated the acreages on the County map and compared those acreages with those numbers that have been included in Schedule B-2 (Distribution of Land Uses). Mr. Varn stated that the numbers show approximately 600 plus acres over in the urban category; approximately 1,700 acres less in the urban expansion category; and approximately 1,700 acres over in the suburban category. He stated that when those acreages are taken, and you utilize the densities, it shows a number that is less than what had originally been provided (approximately 700).
Mr. Varn stated that the Town of Lady Lake had made some requests, which have now been worked out, and Lady Lake is prepared to accept the map as presented for the time being. He stated that the City of Eustis had indicated areas, three areas north of Eustis running towards Umatilla, and two areas on the east and southeast
sides where the City wanted different land uses than what has been indicated on the map. The most significant one involved the area east of Eustis, which the County shows in an urban expansion and suburban category, and where the City of Eustis wanted to make it urban. Mr. Varn stated that there are areas southeast of Eustis that are shown as urban that the City of Eustis wanted put in the suburban category. He stated that these changes were not made, and from his standpoint, these are more local issues. Mr. Varn stated that he discussed this issue with Mr. Wahl, who had indicated to leave these areas as is for the time being.
Mr. Wahl stated that he is recommending that, because the purpose of the map adjustment is to bring the County into compliance with the responses to the original plan, that the Board not take any action on the requests received from the City of Eustis, and to hold these requests, and perhaps consider them as a land use amendments at the time of submittal in January.
Mr. Varn stated that the amendments contained in his memorandum dated August 20, 1992, are the same amendments that were discussed last week, and that he has had additional dialogue with the Department of Community Affairs (DCA), and while they, at this point of the process, are not to make any firm commitment, DCA has reported to him that the plan represents a substantial improvement, and they are pleased with what they have seen, and that he himself feels very comfortable with the revisions. He feels that the DCA staff is satisfied with what has happened in the Green Swamp, and that the issues that they will be concerned with will be more on the policy statements on the rest of the County, and seeing that Lake County is consistent with Polk County.
Mr. Steve Richey, Attorney representing Mr. Dominic DiNapoli, for Price Waterhouse, who is a Special Trustee for the Estate of John McNamara, his affiliated corporations and entities, stated that, by a Federal Court Order dated May 18, 1992, any actions or proceedings concerning or affecting the Estate of John McNamara and his corporations, are enjoined or stayed until further court
action. He stated that there were some concerns with Harbor Hills, and that the map being proposed today does not affect it, but that he did want to express those concerns. Mr. Richey stated that Mr. Varn has been presented with a copy of the Federal Court Order, which Harbor Hills is operating under. He stated that the current Comprehensive Plan Map that the County is currently operating, and amending today, has the Harbor Hills area under urban expansion (up to five units per acre), and the proposal before the Board today recognizes this area as suburban (one unit per acre, and the provision to go to three units per acre). Mr. Richey discussed the letter received from staff, which talks about vesting, and terms of any changes to the PUD under the Comprehensive Plan, which would mean that all new criteria would have to be met. Mr. Richey requested that the Board take note that the stay precludes any changes to the status of that piece of property, and requested that particular status quo, as set forth in the court order, be maintained. He stated that there is the possibility of losing some density, and incurring some burdens, if the PUD has to be amended, in order to meet land development regulations, which he may or may not be able to meet. Mr. Richey requested that Mr. Varn provide to the Board members a copy of the Court Order to place in the records, and that all entities set forth in the Order can have standing, should action need to be taken.
Mr. Alton Roane, Director of Development Services, City of Eustis, appeared before the Board and questioned the map to be approved by the Board today, and requested that copies of what is being adopted today be made available to the public. Mr. Roane stated that the City of Eustis still maintains that it has an agreement with Lake County, and that the Interlocal Agreement requires that the City adopt a joint planning area, and its Comprehensive Plan. He stated that the City has relied on the Interlocal Agreement and has expended thousands of dollars in comparing the City's Comprehensive Plan to include the joint planning area. Mr. Roane requested that the joint area be
incorporated into the County's Plan, as required by the Interlocal Agreement, and on which the City has relied.
Mr. Swanson stated that the July, 1991, map is the one adopted by the Board and is in existence. The map dated August 19, 1992, before the Board has the recommended changes.
At 10:55 a.m., the Chairman called for further public comment. There being none, the public portion of the hearing was closed.
Mr. Varn recommended that the Board adopt the proposed Exhibit B, which is dated August 11, 1992, with the amendments to the Comprehensive Plan, from his memorandum dated August 20, 1992. He further requested that, once the Board adopts the amendments, it needs to authorize the transmittal to DCA.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board adopted the Comprehensive Plan with Exhibit B, as amended (and as follows from the August 20, 1992 memorandum), and Exhibit A, the Future Land Use Map:
A. NON-SUBSTANTIVE REVISIONS
1. On page 5, under subsection 2 of the proposed policy, Strike the phrase ", such as agriculture."
2. On page 6, the first line of subsection 7. The word "develop-ment" should have the hyphen removed and corrected to "development."
3. On page 14, line 1 at the top of the page. Revise said line to read as follows: "for single family or agricultural purposes, and."
4. On page 15, under "D. Commercial Corridors," the third line should be revised to read as follows: "facilities. Future commercial corridors shall be limited to."
5. On page 20, the title of subsection 5 should be revised to read as follows: "5. Commercial Corridors:."
6. On page 20, the first line of subsection 5.a. should be revised to read as follows: "a. Commercial shall only be allowed."
7. On page 21, subsection 5. c. should be revised to read as follows: "b. Infilling will be allowed within designated commercial corridors."
8. On page 44, the second line under Policy. Strike the word "suburban" and substitute in its place the word "Transitional."
9. On page 48, the second policy from the top of the page, second line. Strike the word "sludge" and insert in its place the word "septage."
10. On page 55, in revised Policy 7-5.4, the fourth line from the beginning. Delete the word "for."
11. On page 55, in revised Policy 7-5.4, at the bottom of the page. Add the following sentence: "The following standards shall apply to isolated wetlands, non-isolated wetlands and rivers and streams:."
12. On page 60, third line from the top of the page. The "c" in the word "conservation" needs to be capitalized.
13. On page 71, the second line in the second full policy, Strike the word "Code" and insert in its place the word "Regulations."
14. On page 79, new Policy 7-2.18. The current draft indicates that the first eleven lines of the current policy are being deleted. Strike all of these eleven lines inasmuch as these lines are not part of the current policy.
15. On page 91, second line from the top of the page. The word "an" should be "and."
16. On page 113, under VIII. A., tenth line. The word "areas" is misspelled.
B. SUBSTANTIVE REVISIONS
1. On page 48, insert the following new policy: "Within the Green Swamp ACSC a Conditional Use Permit shall be required for all land uses not expressly authorized in the Ridge, Transitional, Rural/Conservation and Core/Conservation Land Use Categories. A Conditional Use Permit for any development in the Green Swamp ACSC shall not be issued if the development is contrary to the policies in this Comprehensive Plan."
2. On page 66, under the New Policy, second line. Change the threshold for the inventory of natural vegetative communities from "50 acres" to "100 acres."
3. On page 69, the two lines at the top of the page. Strike these two lines and insert the following: "and in compliance with appropriate and applicable plans and practices approved by appropriate federal agencies."
4. On page 73, the Objective 6E-2, first line. Change the date from "December 1992" to "December 1993."
5. On page 76, Policy 7-13.1, the last two lines. The last two lines should be revised to read as follows: "Wekiva River Protection Area."
C. MAP REVISIONS
1. A note needs to be added to the Future Lane Use Plan Map indicating that the boundaries of the Ridge and Transitional Land Use Categories are the approximate boundaries of the uplands. These two land use categories only assign density to the upland acres. Further, these boundaries will be adjusted based on the actual jurisdictional wetlands line.
2. The density in the Ridge Land Use Category is up to 5 units per acre.
3. The area around Lake Louisa and the area southeast of Groveland needs to show a land use category.
4. The FLUP Map also needs to reflect the changes proposed by the Board at the public hearing.
The motion carried by a 4-1 vote, with Commr. Swartz voting "no".
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved to transmit the Comprehensive Plan consisting of the following Elements, as amended, and the Land Use Plan Map dated August 19, 1992, to the Department of Community Affairs (DCA):
Future Land Use Element
Traffic Circulation Element
Housing Element
Public Facilities Element
Conservation Element
Recreation and Open Space Element
Capital Improvements Element
Comprehensive Plan Amendment
The motion carried by a 4-1 vote, with Commr. Swartz voting "no".
RECESS & REASSEMBLY
At 10:59 a.m., the Chairman announced that the Board would recess until the 1:30 p.m. public hearing.
PUBLIC HEARINGS/TIMES CERTAIN
ASSESSMENTS/RESOLUTIONS/SUBDIVISIONS
At 1:30 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the establishment of a special assessment for street lighting in Imperial Terrace.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that all provisions of the Florida Statutes have been met, as far as notice requirements are concerned.
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board and discussed the billing process that will be used by the County and the Homeowner's Association, with the County being the liaison for the utility.
Ms. Lustgarten stated that she is in the process of drafting an agreement that will be submitted to the Homeowner's Association, which will provide details for the transmittal of funds. The
agreement will be effective October 1, 1992, with the billing to begin at the same time.
Mr. Stivender stated that some of the issues are still pending regarding problems with the street lighting and common spaces, but staff is still working with Sumter Electric.
Ms. Betty Daurer, past president of the Homeowner's Association, Imperial Terrace Park, appeared before the Board and discussed the number of residents in the park who belong to the Association, and those who do not, and how the fees will be paid for the street lighting. She stated that she does not know of anyone protesting the lighting, and thanked the Board for its cooperation on this project. Mrs. Daurer introduced to the Board Mr. Al Froelich, and past president of the Association, Mr. Frank Prichard.
No one present wished to speak in opposition to the proposed ordinance.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that this would be a five year assessment.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Resolution 1992-165 for a non-ad valorem assessment for the "Imperial Terrace West Municipal Service Benefit Unit" for the payment of street lighting.
RECESS & REASSEMBLY
At 1:39 p.m., the Chairman announced that the Board would recess until the 2:00 p.m. public hearing.
PUBLIC HEARINGS/TIMES CERTAIN
ORDINANCES/ENVIRONMENTAL SERVICES
At 2:00 p.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance to amend the Lake County Code, Solid Waste.
Ms. Annette Star Lustgarten, County Attorney, presented introductory comments pertaining to the proposed ordinance. She stated that a section of the code has been revised to set forth more specifically the procedure for non-ad valorem assessments and/or special assessments for solid waste in the unincorporated area. She further stated that she had before the Board some minor amendments for approval. Ms. Lustgarten introduced Mr. Mark Lawson, Nabors, Giblin & Nickerson, who was involved with the drafting of the proposed ordinance.
Mr. Pete Wahl, County Manager, stated that the Board would be authorizing language for the Board to undertake the assessment program, and stated that the feeling being expressed by the public indicates that everyone should pay their fair share.
Commr. Gregg discussed problems that have been brought to his attention regarding the $74.00 payment, with Mr. Wahl discussing the process that will be used to determine a rebate at the end of the year, to those individuals who qualify.
Commr. Swartz discussed sections in the proposed ordinance that allows exceptions and refund possibilities, and questioned if specific criteria is going to be developed. Mr. Wahl responded that the vacancy portion is addressed within the ordinance, but that the hardship exemption is basically the Board's social service policy, and the on site self disposal is essentially provided as a mechanism in the event that someone can qualify to meet the State's requirements to dump on site.
Ms. Lustgarten stated that she would be bringing a resolution to the Board setting the hardship standards. She directed the Board's attention to Page 17 (c) Annual Vacancy Credit, for discussion.
Discussion occurred regarding the transfer of garbage one time per week, with Mr. Wahl stating that each owner will be permitted up to fifty-two (52) trips to a disposal site, with six bags per trip.
Commr. Bakich discussed individuals having beach houses and boathouses, with Ms. Lustgarten stating that such issues can be brought to the attention of the Board.
Ms. Diane Martin, The Resources Development Group, appeared before the Board to discuss the procedures to be used in unusual
instances, and stated that individuals can contact her, in order that a physical field test be performed and filed for the record.
She stated that the Board will need to look at some of the problems on a case to case basis.
The Chairman called for public comment, with one wishing to appear before the Board to speak on the issue. At 2:10 p.m., the Chairman closed the public portion of the hearing.
Ms. Lustgarten stated that, after drafting the change to Page 22, Line 20, "Delinquent Solid Waste Management System Assessments shall be subject to interest at the rate of seven (7) percent.", she went back and checked the assessment program for roads, and found that a twelve (12) percent interest rate is being applied. Therefore, in order to make the County policies consistent, she recommended that the seven (7) percent be changed to twelve (12) percent. She further stated that the purpose of the interest rate is to cover the administrative costs associated with rebilling.
Mr. Jim Stivender, Executive Director of Public Works, was presented to discuss the reasons for establishing the twelve (12) percent interest rate for road projects.
Ms. Lustgarten stated that the seven (7) percent could be considered as an administrative fee, in order to make it lower than a delinquent interest fee, or the Board could include language such as "shall be subject to interest as determined by the Board of County Commissioners."
Mr. Mark Lawson, Esquire, was present to discuss the State regulations, which indicates a definite pre-judgment interest at twelve (12) percent. At this time, he discussed the interest rate process.
Discussion occurred regarding language being inserted as follows: "subject to interest at a rate established annually by the Board of County Commissioners."
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following amendments, as presented by Ms. Lustgarten, County Attorney:
On Page 2, Line 10,
And insert:
after "service"
"or at such other time as designated by the County."
On Page 3, Line 7
And Insert:
Bulk Items means an item of White Goods or furniture, such as a stove, refrigerator, washer, dryer, hot water heater, couch, easy chair, or other such similar or related type of household item, or debris from household repairs performed by the resident, or Yard Trash, which will not fit into a thirty-two (32) gallon container that conforms to the requirements of sections 21-57, 21-138 and 21-139.
On Page 4, Line 10
And Insert:
after "units"
"per building."
On Page 5, Line 24 strike
"solid waste management and disposal"
And Insert on Line 25:
after "outlay"
"for the disposal or management of solid waste, including the costs"
On Page 18, Line 6 strike
"before the end"
And Insert:
"by March 31"
On Page 19, Line 2, strike
"the county is notified of the termination of"
And Insert on Line 3:
after "agreement"
"was terminated"
On Page 19, Line 29, strike
"before the end"
And Insert:
"by March 31"
On Page 20, Line 5,
And Insert:
month(s)
On Page 20, Line 26,
And Insert:
after "assessment."
"Said fee shall be paid at the time the disposal permit is issued."
On Page 20, Line 29,
And Insert:
after "waste" "or bulk items."
On Page 21, Line 3, strike
"thirty (30)"
And Insert:
"thirty-two (32)"
On Page 22, Line 20,
And Insert:
after "law"
"Delinquent Solid Waste Management System Assessments shall be subject to interest at a rate established annually by the Board of County Commissioners."
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Ordinance 1992-7, as amended, and as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO THE MANAGEMENT AND DISPOSAL OF SOLID WASTE IN LAKE COUNTY, PROVIDING FOR AMENDMENT TO CHAPTER 21, LAKE COUNTY CODE, ARTICLE III, WASTE DISPOSAL; PROVIDING FOR AMENDMENT TO DIVISION 2, COLLECTION FRANCHISES, SECTION 21-115, CHARGES, TO REQUIRE INFORMATION FROM COUNTY FRANCHISED WASTE HAULERS REGARDING TERMINATED COLLECTION AGREEMENTS; PROVIDING FOR AMENDMENT TO TITLE OF DIVISION 5, PROPERTY ASSESSMENT FOR PAYMENT OF WASTE DISPOSAL COSTS, TO PROPERTY ASSESSMENT FOR PAYMENT OF SOLID WASTE MANAGEMENT SYSTEM COSTS; PROVIDING FOR AMENDMENT TO SECTION 21-146, DEFINITIONS; PROVIDING FOR AMENDMENT TO SECTION 21-147, IMPOSITION OF ASSESSMENTS; PROVIDING FOR AMENDMENT OF SECTION 21-148, APPLICABILITY; DUE DATE; TO, HARDSHIP ASSISTANCE, ONSITE DISPOSAL CREDIT AND ANNUAL VACANCY CREDIT; PROVIDING FOR CREATION OF SECTION 21-148.1, COLLECTION SERVICE AGREEMENTS WITH FRANCHISED SOLID WASTE HAULERS; PROVIDING FOR CREATION OF SECTION 21-148.2, INDIVIDUAL DISPOSAL PERMITS; PROVIDING FOR AMENDMENT TO SECTION 21-149, UNIFORM METHOD, TO, COLLECTION OF SOLID WASTE MANAGEMENT SYSTEM ASSESSMENTS; PROVIDING FOR AMENDMENT OF SECTION 21-150, ALTERNATIVE IMPOSITION AND COLLECTION METHODS; LIENS; TO APPLICABILITY; GENERAL PROVISIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:27 p.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR\BOARDMIN\8-25-92\9-3-92