The Lake County Board of County Commissioners met in regular session on Tuesday, February 23, 1993 at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman (Commr. Hanson arrived at the meeting at 9:40 a.m.); Don Bailey; Welton G. Cadwell; Rhonda H. Gerber. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Finance Director; and Marlene S. Foran, Deputy Clerk.
Reverend Jeff Ramsland, Edge Memorial United Methodist Church, Groveland, gave the Invocation and led the Pledge of Allegiance.
MINUTES
Regarding the Minutes of January 26, 1993 (Special Meeting-LDRs), a correction was made on Page 5, Line 9, changing "Owners" to Builders.
Discussion occurred regarding language on Page 4, Line 13, and Line 26, at which time Ms. Annette Star Lustgarten, County Attorney, noted that she would provide clarification on said language at a later time during the meeting this date.
The Minutes of January 26, 1993 (Special Meeting-LDRs) were postponed at this time.
PERSONAL APPEARANCES
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Assessments/Subdivisions
Request for approval of Satisfaction of Assessment Liens, as follows:
Highland Lakes Subdivision
Marshall H. Gaard $1,362.27
Marshall H. Gaard $832.75
Marshall H. Gaard $256.88
Lakeview Heights
Robert A. & Elizabeth Niles $1,015.99
Alan Benoit $1,083.85
Mt. Plymouth
Steven R. Askins $1,159.47
Ocala Forest Campsites #4
Susan & John J. Oneill, Jr. $471.56
Susan & John J. Oneill, Jr. $598.53
George A. Peterson & Donna J. Peterson $953.41
Robert E. Penny, Jr. $424.91
Charlotte G. Butler, Jr. & John T. Butler $1,024.94
Western Shores Subdivision
Charles & Pauline Berry $770.07
Sparks Village Subdivision
J. W. & Charlotte A. Beasley $1,021.75
Hilltop Subdivision
Goswami K. Nishi $996.83
Accounts Allowed
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Accounts Allowed/Reports
Request to acknowledge receipt of monthly distribution of revenue from Traffic/Criminal Cases, month ending January 31, 1993, in the amount of $126,590.60. Same period last year: $130,938.50.
Reports
Request to acknowledge receipt of the Southwest Florida Water Management District's Budget-in-Brief for Fiscal Year 1993, in accordance with Chapter 373.507.
Meetings/Water Authority
Request to acknowledge receipt of the annual report of meeting schedule for the Lake County Water Authority's regularly scheduled meetings.
PUBLIC HEARINGS/TIMES CERTAIN
DEEDS/RESOLUTIONS/RIGHTS-OF-WAY, ROADS, & EASEMENTS
Mr. Jim Stivender, Director of Public Services, presented this request to the Board.
No one present wished to speak in opposition to this request.
Ms. Annette Star Lustgarten, County Attorney, stated that the Resolution, on Page 1, Line 20, should reflect February 19, 1993 and February 23, 1993 as the two dates advertised in the "Lake Sentinel".
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval of a resolution authorizing the exchange of Lake County property for property owned by Ruth H. Dean; acceptance of $700.00 and a Warranty Deed from Ruth H. Dean for property adjacent to SR 19; and Execution of a quit claim deed to Ruth H. Dean for a portion of former railroad right-of-way adjacent to her property.
ROAD CLOSINGS
PETITION NO. 703 - John Berry - Howey Subdivision "A"
Mr. Jim Stivender, Director of Public Services, presented this request to the Board.
Ms. Bonnie Roof, representing the property owners in Block A of Howey Subdivision "A", appeared before the Board and stated that her clients are requesting to vacate the southerly easement of Block A, which is twenty feet (20') wide, and to reserve said twenty feet (20') for utility purposes only.
Mr. Steve Richey, Attorney, representing Inn at Park Center, Inc. appeared before the Board and stated that it is his understanding that the vacation being requested is subject to reserving the right for utilities.
No one present wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Road Vacation Petition No. 703 by John Berry to vacate the northern right-of-way and southern right-of-way, and to retain the southerly twenty feet (20') for a drainage and utility easement, in Howey Subdivision "A", Commissioner District 2.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for acceptance of the rights-of-way deeds, in Howey Subdivision "A", Commissioner District 2.
PETITION NO. 708 - Helen T. Honeycutt and Joyce Campoamor - Fruitland Park Area
Mr. Jim Stivender, Director of Public Services, presented this request to the Board.
Ms. Debbie Stivender, representing R. Dewey Burnsed, Attorney for the Petitioners, and Helen T. Honeycutt, appeared before the Board and stated that the property in question is not currently being used for a right-of-way.
No one present wished to speak in opposition to this request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition No. 708 by Helen T. Honeycutt and Joyce Campoamor to vacate roads and lots in Lake Idlewild Subdivision, Fruitland Park Area, Commissioner District 1.
PETITION NO. 710 - Mark Carson - Eustis Area
Commr. Swartz noted that Petition No. 710 has been withdrawn from the agenda prior to the meeting this date.
MINUTES (CONTINUED)
Ms. Annette Star Lustgarten, County Attorney, provided clarification on the Minutes of January 26, 1993 (Special Meeting-LDRs), on Page 4, Line 13 and Line 26, as requested. It was noted that the minutes were correct.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of January 26, 1993 (Special Meeting-LDRs), as corrected.
ZONING
At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services; Mr. Jim Barker, Director of Environmental Management; and Mr. Mark Knight, Principal Planner II.
Mr. Stubbs noted that there are cases on the agenda this date that will require a Developer's Agreement to move forward, due to the new Comprehensive Land Use Plan Map tentatively scheduled to be adopted on March 2, 1993, along with the Stipulated Settlement Agreement.
PETITION NO. 41-92-1 RMRP TO RM RUSSELL & YVONNE HOGARTH
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented the request for rezoning to RM (Mobile Home Residential) for the placement of an additional mobile home on a five (5) acre site in the Fruitland Park area, and stated that the applicant is requesting that development be allowed at one unit per acre. Mr. Stubbs further stated that an easement, to access the lots in the proposed subdivision, should be constructed to County clay road standards, or other stabilized surface.
Mr. Stubbs noted that four letters have been received in opposition to this request.
Mr. Stubbs stated that it is staff's recommendation for a Developer's Agreement to include the stipulation that two (2) lots maximum be allowed on said property.
Ms. Cecelia Bonifay, Attorney, representing Russell and Yvonne Hogarth, appeared before the Board and stated that this request is for a change in zoning from RMRP to RM, to allow for the sale of lots for mobile homes. She noted that the lots are consistent with surrounding zoning, and are in a five (5) acre enclave, which was originally a part of the Eagles Nest Mobile Home Park. She stated that there is a fifty (50') foot easement to access the property, which is a continuation of the road that is currently existing, noting that the roads in the Eagles Nest Mobile Home Park are maintained by the residents, but have been dedicated to the public.
Mr. Rodney Meyer, representing the local community, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Meyer stated that the local community is not in opposition to the request for rezoning to RM (Mobile Home Residential), subject to a variance allowing for a maximum of two (2) lots on the property.
Ms. Bonifay requested clarification regarding the language contained in the Developer's Agreement. She stated that it was their understanding that the agreement requires that there would be no more than one unit per acre to be consistent with the surrounding land use, and to increase the number of lots would require going back before the Board of Adjustments, through an advertised public hearing.
Commr. Swartz stated that it was his understanding that the staff recommendation was for the Developer's Agreement to limit the creation of two (2) lots, at which time discussion occurred regarding this issue.
Commr. Swartz provided additional clarification on this issue and stated that the Board of Adjustments has limited the number of lots to two (2) lots per acre. The recommendation from staff is to enter into a Developer's Agreement that allows RM zoning in the Suburban land use designation, which limits it to no more than one (1) unit per acre. He stated that, if the applicant wishes to change the density at a later time, he would have to go back before the Board of Adjustment.
COMMISSIONERS
At 9:40 a.m., Commr. Hanson arrived at the Board meeting.
ZONING (CONTINUED)
PETITION NO. 41-92-1 RMRP TO RM RUSSELL & YVONNE HOGARTH
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for
rezoning from RMRP (Mobile Home Residential Rental Park) to RM (Mobile Home Residential); to enter into a Developer's Agreement requiring a stabilized surface to access the lots; and limitation of density to that which would be allowed in the Suburban Land Use designation for placement of a mobile home on site.
PETITION CUP#635B-5 AMEND CUP#635A-5 JAN G. & SWINDA STUY
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, stated that the request to amend CUP#635A-5 has been requested to be withdrawn this date.
Commr. Hanson noted that this request is in District 4 and not in District 5.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to withdraw Petition CUP#635B-4.
PETITION CUP#93/1/2-4 CUP IN C-1 ROBERT B. SINDLER
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request to the Board and stated that the veterinary clinic will have, as an accessory use to the site, a kennel for overnight stays in conjunction with medical treatment that may be required for animals on the site. He noted that additional requirements, as set forth in the staff report, under Transportation Improvements, are as follows: 1) An additional right-of-way to provide fifty (50) feet from the center line from County Road 435; 2) any modification to the site will require the applicant to comply with the Access Management Ordinance; and 3) the alleyway between Deal Drive and CR 435 must be vacated or documentation must be submitted showing that it has been vacated.
Commr. Hanson declared a Conflict of Interest, noting that she was involved with the prior sale of the property, and abstained from the discussion and vote. She provided clarification that the property in question is not in the Wekiva River Basin, but is in
the Mt. Plymouth/Sorrento Urban Node, noting that the property is on the west side of CR 435.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for CUP in C-1 (Rural or Tourist Commercial), to include staff recommendations, and the required land dedication for a veterinary clinic and pet grooming shop.
Commr. Hanson abstained from the discussion and vote.
PETITION NO. 7-93-3 A TO AR ARNOLD & PEARL JACKSON
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request and stated that, on the existing Comprehensive Land Use Plan Map, the land use designation is Urban Expansion, and on the November 3, 1992 Land Use Plan Map, which is coming before the Board on March 2, 1993, the land use designation is Rural. He stated that, if the Board rezones the property in question this date, there will be an inconsistency at the time the new map is adopted.
It was noted that the applicants were present in the audience.
No one wished to speak in opposition to this request.
Commr. Swartz commented that, if the request for rezoning were approved this date, any ability to use the property in the proposed way would require that one building permit be issued prior to the adoption of the new Comprehensive Plan, which is being considered on March 2, 1993.
Mr. Ken Savage, representing the applicants, appeared before the Board, at which time the oath was administered by the Deputy Clerk. Mr. Savage stated that his understanding was that, if the lots were created prior to this date, the building permits would not have to be pulled prior to the adoption of the Comprehensive Plan.
Ms. Annette Star Lustgarten, County Attorney, stated that large lot splits, as far as the Land Development Regulations (LDRs) are concern, are only vested if they are in place prior to January 26, 1993. Ms. Lustgarten clarified that a minimum of one (1) building permit would have to be pulled, to establish the lot split, prior to the adoption of the Comprehensive Plan.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to AR (Agricultural Residential) to create six (6) residential lots.
PETITION NO. 1-93-2 A TO AR CHARLES E. BLUDSWORTH
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request and stated that the applicant is requesting rezoning to assure that, if the existing mobile home should be destroyed by fire, a site built single family dwelling may be built on the property.
Commr. Hanson stated that, if a home is destroyed by fire, and is on a non-conforming land use designation, it should be vested, noting that this issue should be addressed in the Vesting Ordinance.
It was noted that Mr. Clyde Buryear, representing the applicant, was present in the audience.
No one wished to speak in opposition to this 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 rezoning from A (Agricultural) to AR (Agricultural Residential) for a single-family residence.
PETITION NO. 2-93-2 AMENDMENT TO MP ORDINANCE #68-89 TO ADD LM USES DAVID W. MCLAIN & VIRGIL DEMPSEY
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented
this request and stated that zoning was in place prior to the adoption of the 1991 Comprehensive Plan, and would have an Industrial land use classification. He noted that it is consistent with the Lake County Comprehensive Plan and the Land Development Regulations.
Commr. Swartz suggested that this request be approved for uses that are no more intense than manufacturing and assembling of wooden fences and the uses that currently exist.
No one wished to speak in opposition to this request.
Ms. Cecelia Bonifay, Attorney, representing several property owners in the vicinity of this project, who own large tracts of property adjacent or in close proximity to said project, appeared before the Board and stated that her clients are not opposed to the utilization of this existing structure. She stated that it is her understanding that manufacturing will be internal, and that they will be required to meet the screening and buffering requirements in the Land Development Regulations, noting that these are issues of concern as there is a proposed residential development immediately adjacent to the site.
Mr. Virgil Dempsey, the applicant, appeared before the board, at which time the oath was administered by the Deputy Clerk. Mr. Dempsey addressed the issue of the screening and buffering requirements, at which time clarification was made that standard landscaping requirements would be required, but that the additional buffering and screening requirements would not be required, based on the current Land Development Regulations.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the request for an amendment to MP Ordinance #68-89 to add LM (Light Manufacturing) uses that are no more intense than the manufacturing and assembling of wooden fences and those uses that currently exist.
PETITION NO. 3-93-3 A TO CFD CHURCH OF GOD BY FAITH, INC.
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director Development Regulations Services, presented this request. Mr. Stubbs noted that the deacon's residence is located on a parcel separate from the church parcel.
Ms. Bonnie Roof, representing the applicants, was present in the audience to address questions presented by the Board.
No one present wished to speak in opposition to this 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 rezoning from A (Agricultural) to CFD (Community Facility District), to bring the existing church into compliance, and to R-6 (Urban Expansion) for a deacon's residence.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, stated that a correction is required on Addendum No. 1, the request to approve authorization of eight (8) Corrections Officer positions, noting that the Fiscal Impact should reflect $123,574.40.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Rights-of-Way, Roads & Easements/Deeds
Request for acceptance of a non-exclusive easement deed from Sara S. and Thomas F. Zumberge for Large Lot Approval.
County Manager/Personnel
Request for approval to create a new Executive Secretary position with Pay Grade 124-01, minimum salary of $16,770.00; and approval to upgrade the current Secretary III position to Executive Assistant to the Board of County Commissioners Office Manager, with Pay Grade 127-01, minimum salary of $19,402.50. Both positions are in the Administrative Support Office.
ADDENDUM NO. 1
Personnel/County Employees
Request to approve the authorization of eight (8) vacant Corrections Officer positions, Pay Grade 503-01, in the Department of Corrections Security Division, for a Fiscal Impact of $123,574.40.
Contracts, Leases & Agreements/Planning & Development
Request for approval of an agreement between Lake County and Retired Senior Volunteers to provide assistance to the Water Resources Branch by compiling monitoring well data from historical files, as needed, to meet the requirements of the Comprehensive Plan, and authorized proper signature on same.
REPORTS
COUNTY MANAGER/MEETINGS
Mr. Pete Wahl, County Manager, noted that the March 16, 1993 Board of County Commissioners' Regular Meeting has been rescheduled to March 9, 1993, due to Lake County Days in Tallahassee. He stated that, due to an extremely light agenda, and the absence of two (2) Commissioners, he is requesting the Board's permission to cancel the March 9, 1993 meeting, and to add the scheduled agenda items, as an addendum, to the agenda for the March 2, 1993 or March 23, 1993 meeting. Mr. Wahl stated that two workshops have been scheduled on March 23, 1993, at 2:00 p.m., regarding anticipated recommendations from the Solid Waste Study Committee, and the Brown & Caldwell Environmental Monitoring Report regarding analysis of the activity at the incinerator.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to cancel the March 9, 1993 Board of County Commissioners' Regular Meeting, and to add the agenda items, as an Addendum, to the March 2, 1993 agenda.
COUNTY ATTORNEY/PLANNING AND DEVELOPMENT
Ms. Annette Star Lustgarten, County Attorney, stated (for informational purposes) that the Stipulated Settlement Agreement between Lake County and the Department of Community Affairs (DCA) has been signed, and the Settlement Agreement requires that the motion to abate be filed by DCA. The motion has been filed asking for a sixty day continuance, so that the amendment implementing the Settlement Agreement can be adopted and reviewed by DCA. She stated that the amendment is scheduled for a Public Hearing on March 2, 1993.
Ms. Lustgarten updated the Board (for informational purposes) on the nature of Quasi Judicial Hearings, and what is and is not considered a Quasi Judicial matter. She stated that Lake County is in the Fifth District Court of Appeals and, therefore, is bound by the Synder Case. Ms. Lustgarten noted that the Board has adopted comprehensive and strict rules regarding Quasi Judicial Hearings, and she has rendered an opinion, in writing, to the Board in regard to the fine line between various scenarios, specifically in relation to Land Use Plan Amendments. She cautioned the Board in discussions regarding potential or perspective changes to the Land Use Plan Map, and that, if it can be identified as a site specific type of change, a particular land use on a particular piece of property should not be discussed with the property owner or an opponent. She stated that the Board's responsibility and goal is to insure that decisions that are being made are objective and are in the quasi judicial setting.
Discussion occurred regarding various scenarios, at which time Commr. Swartz commented that the Board should not discuss issues that are clearly land use issues, such as rezoning or land use changes through a Comprehensive Plan Amendment that are clearly site specific; however, the Board may address issues such as code enforcement, until such time it becomes apparent that said issue will become a land use issue.
Ms. Lustgarten further noted a concurrent problem and issue regarding requirements set forth by Florida Statutes that require counties to have two (2) members on their Regional Planning Councils. This presents a difficulty for the two (2) Commissioners that sit on said Council in relation to Lake County projects that will be coming before the Board of County Commissioners for issuance of a development order. The process of issuing a development order, like any other land use zoning matter, will involve a Quasi Judicial Hearing. By being involved in said process, the members of the Regional Planning Council are being
provided information in a public hearing meeting, therefore, providing an awkward situation.
Commr. Hanson commented that one particular situation in regard to the Sunshine Law is when two or more Commissioners are present at the League of Cities meetings. It was noted that one solution to this issue would be for the League of Cities to publicly advertise their meetings.
COMMISSIONERS
At 10:25 a.m., Commr. Swartz turned the Chairmanship over to Commr. Hanson.
At 10:30 a.m., Commr. Hanson turned the Chairmanship back to Commr. Swartz.
COMMISSIONER'S BUSINESS
PLANNING & DEVELOPMENT
Commr. Hanson expressed her concern that the easement requirement for Large Lot Waiver was increased from "forty (40) feet" to fifty (50) feet at the January 26, 1993 Land Development Regulations Workshop. She stated that she would like to have this issue brought back before the Board for further discussion.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:35 a.m.
__________________________________
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
______________________________
JAMES C. WATKINS, CLERK
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