The Lake County Board of County Commissioners met in regular session on Tuesday, August 2, 1994, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; and Don Bailey. Commissioners not present: Rhonda H. Gerber. Others present were: Frank T. Gaylord, County Attorney; Tim Hoban, Senior Assistant County Attorney; Pete Wahl, County Manager, Mary Shell, Executive Assistant to the BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Hanson informed the Board that Tab 23 would be pulled from the agenda. She requested that Tab 27 regarding the Wekiva River Fire Station be heard after the Clerk's agenda and the employee awards, if the Board had no objections,.
Mr. Pete Wahl, County Manager, informed the Board that he would be reviewing the upcoming public hearings and workshops as part of the County Manager's Report.
MINUTES
On a motion by Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of July 7 1994, District 4 Townhall Meeting, as presented.
PERSONAL APPEARANCES
CLERK OF COURTS CONSENT AGENDA
Commr. Swartz questioned the condition of the vehicles to be deleted from Fixed Assets.
Mr. Pete Wahl, County Manager, informed the Board that the vehicles have all been reviewed by the shop, and they are either not working, or have been damaged and are not road worthy.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Accounts Allowed
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/County Property
Request to approve List of County equipment for combined County-Cities Auction - Deletion of Fixed Assets in the amount of $768,159.17.
Accounts Allowed/Courts-Judges
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending June 30, 1994 in the amount of $133,932.83. Same period last year: $128,209.00.
Utilities
Request to acknowledge receipt of Legal Notice: Notice is hereby given on July 7, 1994, pursuant to Section 367.045, Florida Statutes, of the application of BP Inc. to operate a water and/or wastewater utility to provide service to described territory in Lake County.
State Agencies/Utilities
Request to acknowledge receipt, Before the Florida Public Service Commission, Notice of Cancellation of Hearing to JJ's Mobile Homes, Inc., Office of Public Counsel, The City of Mount Dora, George Wimpey of Florida, Inc. and All Other Interested Persons, RE: Docket No. 921237-WS, Application for Amendment of Certificates Nos. 298-W and 248-S in Lake County by JJ's Mobile Homes, Inc. and Docket No. 940264-WS, Investigation into Provision of Water and Wastewater Services by JJ's Mobile Homes to its certified Territory in Lake County. The Public Hearing was scheduled on July 13, 1994 and July 14, 1994 at the City Hall Council Chambers, Tavares, Florida.
State Agencies/Utilities
Request to acknowledge receipt, Before the Florida Public Service Commission, Notice of Jurisdictional Investigation to All Counties in the State of Florida, The Florida Association of Counties, The Office of Public Counsel and All Other Interested Persons, RE: Docket No. 930945-WS, Investigation into Florida Public Service Commission Jurisdiction over Southern States Utilities, Inc. in Florida. A hearing is scheduled to be held on January 23-26, 1995, at a time and place to be subsequently announced.
State Agencies/Utilities
Request to acknowledge receipt, Notice of Hearing from the Florida Public Service Commission to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons, Docket No. 940001-EI, In Re: Fuel and Purchased Power Cost Recovery Clause With Generating Performance Incentive Factor; and Docket No. 940042-EI, In Re: Environmental Cost Recovery Clause. Public Hearing will be held on August 11-12, 1994, at 9:30 a.m., and a Prehearing Conference will be held on August 4, 1994, at 1:30 p.m. at 101 East Gaines Street, Room 106, Fletcher Building, Tallahassee, Florida.
Municipalities/Ordinances
Request to acknowledge receipt, City of Eustis, Ordinance No. 94-16, Voluntarily Annexing That Property Being .405 Acres at 17941 Hwy. 441, The Floor Shoppe, into the Corporate Limits of the City of Eustis, Florida, approved on June 16, 1994.
CLERK OF COURTS DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/BONDS/RESOLUTIONS
Ms. Barbara Lehman, Chief Deputy, Finance and Audit Department, addressed the Board regarding the Third Supplemental Indenture of Trust Resource Recovery Industrial Development Refunding Revenue Bonds and Related Resolution. Ms. Lehman informed the Board that the document had been revised, because it was not necessary that Ogden Martin sign off on the document. She stated that Ogden Martin would be giving its consent by letter.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved the adoption of the Third Supplemental Indenture of Trust Resource Recovery Industrial Development Refunding Revenue Bonds and Related Resolution, with the deletion of signatures by Ogden Martin, as stated above by Ms. Lehman.
The motion was carried by a 3-0 vote. Commr. Cadwell was not present for the discussion or vote.
EMPLOYEE AWARDS
Commr. Hanson presented the following individuals with awards, as Mr. Joe Grawet, Personnel Manager, presented information on each employee:
Presentation of Plaques to Employees with Five Years of Service
Frank L. Horn, Equipment Operator III, Public Services/Roads Division/Maintenance Area II (Umatilla)
Steven G. LaFleur, Firefighter/EMT, Fire & Emergency Services/Fire/Rescue Division (not present)
Presentation of Plaque to Employee with Fifteen Years of Service
George Harrison, Chief Maintenance Specialist, Office of Facilities & Capital Improvements/Facilities Management Section/Building Maintenance Services
Presentation of Plaque to Employee with Twenty Years of Service
Teresa M. Davis, Employee Benefits Technician, Human Resources/Risk Management
Presentation of Plaque and Bond to August Employee of the Month
Mary L. LaFollette, Records Management Specialist/Community Services/Human Services Division/Library Services
FIRE AND EMERGENCY SERVICES
Chief Craig Haun, Fire and Emergency Services, appeared before the Board to discuss the Wekiva River Fire Station, in accordance with the organizational summary approved by the Board of County Commissioners on September 28, 1993. Chief Haun stated that this was a success story. He stated that the organizational study and recommendation had been to close the station, based on the reduced number of volunteers, and the lack of interest to be volunteers. Chief Haun reported that the community had overcome these statistics and had made this station a viable volunteer station.
He presented the following current statistics: they went from two active volunteers to eight; they have had 21 calls in the last six month period and out of the 21 calls, the Wekiva River Volunteer Station has answered all but three calls themselves; and the average response time has been 6.9 minutes. Chief Haun stated that he has continued to work together with the community support group. At the last meeting, discussion occurred regarding property and future construction. The Homeowner's Association was working on a lease to use their property as a future fire station. The homeowners groups and support group have discussed their willingness to work to construct a more permanent facility rather than just a pole barn. Chief Haun stated that the community has done a terrific job to maintain the station.
Commr. Hanson asked that those individuals present, who were so instrumental in making the station a success, to please stand. She extended her appreciation for all of their hard work in finding solutions to the problems.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the report made by Chief Craig Haun on the Wekiva River Fire Station, which will allow the Wekiva River Fire Station to remain as a volunteer station.
Mr. Roy Hunter addressed the Board regarding how unhappy the people in Paisley have been, because they have given the County a building, equipment and personnel towards fire service in the County, and they feel they have not received anything in return. He stated that the people want to see the Commissioners work together and see something positive come from the County Commission. Mr. Hunter presented his personal comments as to why he moved into a rural area, and stated that the people would like to see a unified effort between them and the Commissioners, in order to help those in the Paisley area.
ADDENDUM NO. 1
PUBLIC HEARINGS: TRANSMITTAL HEARING - SECOND AMENDMENT TO THE COMPREHENSIVE PLAN FOR 1994
PLANNING AND DEVELOPMENT/COMPREHENSIVE PLAN/STATE AGENCIES
Mr. Mark Knight, Chief Planner, appeared before the Board and the Deputy Clerk administered the oath. At this time, Mr. Knight presented the Land Use Planning Amendments (LUPAs), which were scheduled for the Transmittal Hearing, Second Amendment to the Comprehensive Plan for 1994.
LUPA #93/7/2-2 Thomas J. Karr, General Partner & Charles E. Hawthorne, General Partner, Hawthorne Properties, Ltd.
Mr. Mark Knight, Chief Planner, informed the Board that he had a request for postponement of this case, because there had been no ruling on the Administrative Hearing. He stated that much of the Administrative Hearing evolves around the Green Swamp and land use designation. Therefore, staff was requesting that the case be postponed until the next transmittal cycle. The application deadline date would be in September, and the next transmittal hearing would be in November.
Commr. Hanson opened the public hearing portion of the meeting. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to postpone LUPA #93/7/2-2, Thomas J. Karr, et al, until the next transmittal date.
LUPA #93/7/4-2 J. D. Eggebrecht and Winifred Jobbins aka
Stonebridge
Mr. Mark Knight, Chief Planner, informed the Board that the request was to approve going from rural and suburban land use designation to rural village land use designation. The Planning and Zoning Commission reviewed the request previously as a request to go to suburban land use designation, and prior to the last transmittal hearing, the applicant submitted a revised application requesting to go to a rural village land use designation. Staff presented the Board with a memorandum that indicated that there was not enough time to review the request as a rural village land use designation. Staff was recommending a denial to the rural village land use designation, primarily because it does not emulate the settlement patterns of a traditional rural village land use designation, and the entire area, with the industrial park as well as the regional commercial center at the intersection, was more of a larger type development pattern in the area rather than a rural village land use designation. Mr. Knight noted that the Planning and Zoning Commission had voted 8-1 for approval of a land use designation to a rural village land use designation. Mr. Knight addressed the density in the surrounding area.
Commr. Bailey noted that there were many letters on record regarding this particular case, with most of them being in support of the project.
Commr. Hanson opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney representing J. D. Eggebrecht and Winifred Jobbins, appeared before the Board and stated that the Board would be hearing a presentation from Mr. Bob Londeree, the planner who has been working on the project. At this time, Ms. Bonifay presented the Board with a chart that was prepared by Mr. Eggebrecht, which gave a historical perspective to the project. Ms. Bonifay reviewed the chart, which indicated a beginning date of 1986 when the County did an areawide Development of Regional Impact (DRI) Study, and proceeded through July 6, 1994 when the Planning and Zoning Commission approved the rural village land use designation by an 8-1 vote. Ms. Bonifay explained the steps that the applicant took prior to the meeting today, in attempting to get a rural village land use designation, and she addressed the amount of time and expense the applicant has spent on this project. Ms. Bonifay stated that the applicant was now before the Board a year after the suburban application was filed, to request a rural village land use designation in a rural land use classification, which cannot exceed two units per acre, and staff was now recommending denial saying that this was not dense enough, because it was too close to an employment center. Ms. Bonifay referred to the July 6, 1994 Planning and Zoning Commission minutes, and the interesting statements made by the members of the Board as to why the other request was too intense and now rural was not dense enough. She also referred to the response made by staff that, in their own judgment, this was not what a rural village should be. She referred again to the comments made by the Planning and Zoning Commissioners, which indicated that this would be an ideal place to establish a rural village.
Mr. Bob Londeree, Planning and Design, appeared before the Board and the Deputy Clerk administered the oath.
A handout was presented by Mr. Londeree, which was a binder of information entitled Stonebridge Rural Village, Lake County, Florida.
Mr. Londeree presented comments from the planning aspect of the project. He explained that the property was purchased in 1989 specifically to develop a residential amenity golf course self-contained community. It was purchased based on its proximity to the County's employment center and regional commercial node that the County was promoting at the major intersections of those transportation arteries, U.S. 27, S.R. 19 and the Florida Turnpike. He further explained that the property was purchased because of the access to an existing transportation system with excess capacity; the physical characteristics of the site were highly suitable to the envisioned project and the site topography was similar to a bowl; and the property was partially within and contiguous to the Areawide Development of Regional Impact Study area that was being promoted and funded by Lake County. Mr. Londeree explained that this project was never envisioned as a high density project, and the design being proposed was appropriate for a community that would be between the high density and the density required for a horse farm. The project would be developed at 1.1 units per acre, a high amenity rural village project. Mr. Londeree referred to the Land Use Map in the Stonebridge package of information and explained the outline of the property in question, in relation to the surrounding zoned property.
Mr. Londeree presented a handout, which was entitled 12-4, Characteristics of Shopping Centers.
Mr. Londeree addressed the Characteristics of Shopping Centers, Commercial Facilities, and Page 3 of the Stonebridge package of information, which was the Land Use Plan for Stonebridge, and stated that the applicant feels the rural village land use is compatible with the surrounding area. Mr. Londeree explained the complete plan for the Stonebridge project, as outlined on Page 3. Mr. Londeree stressed that the Comprehensive Plan allows for the development of a rural village in a rural area, as long as you comply with the policies written in the Code and the Land Development Regulations (LDRs), and the applicant feels that he has met all of the requirements, and it is an appropriate land use.
Ms. Bonifay stated that, in summary, the applicant has gone through every Comprehensive Plan policy that deals with rural villages, and the applicant has spent a lot of time and effort in analyzing and responding to those policies. Mr. Bonifay questioned Mr. Londeree, if it was his professional opinion, as a planner, that this project meets all of the Comprehensive Plan policies for rural village development. In response to Ms. Bonifay's question, Mr. Londeree testified "yes", and he would stand by what has been submitted in the Stonebridge brochure where every policy was answered. He further testified that every policy shows that this is a logical and a good place for a rural village, and that all of the policies had been met.
For the record, Ms. Bonifay requested that the Stonebridge package of information be submitted as evidence. It was marked and entered by the Deputy Clerk as the Applicant's Exhibit A. She also requested that the information 12-4, Characteristics of Shopping Centers, be submitted as evidence. It was marked and entered by the Deputy Clerk as the Applicant's Exhibit B.
Ms. Bonifay stated, in summary, that the project meets the Comprehensive Plan policies, and the minutes of the Planning and Zoning Commission indicate that the members overwhelmingly agreed with the rural village designation. She further stated that, for a project this size, at all of the hearings, there has never been anyone in opposition of the project. As the record indicated, letters and all of the surrounding property owners that appeared at the hearings have indicated support of the project as proposed. Ms. Bonifay stated that the people who are going to be affected by the project think that it is a good idea, and the professional planner working on the project feels that it meets all of the Comprehensive Plan policies, and therefore, she requested that the Board approve the project as a rural village in the rural land use classification.
Commr. Hanson called for public comment. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Bailey stated that, if you review the letters from the people in the area and the adjoining landowners, their comments are in support of the project, and he feels this is good planning. He stated that, for years, the County has been promoting that area for an economic community, and therefore, there was going to be a need for housing in that area. Commr. Bailey stated that he feels there is a need for mixed uses, and if a rural village is planned right, it can be very beneficial to the area. He stated that he would support the request at the proper time. He further stated, for the record, when the project came to the Board earlier for vesting, most of the Board voted against the vesting, but at that time, he did not feel that enough had been done to vest the project, but even at that time, he indicated that, if it came back to the Board in some kind of an amendment to the Comprehensive Plan, he would consider it.
Commr. Swartz questioned staff as to what section of the Comprehensive Plan has the language that deals with the land use amendments.
Mr. Knight stated that the language would be in Section 1-10 of the Comprehensive Plan. He explained that, if there was a policy in the Comprehensive Plan that was in conflict with the request, there would have to be some sort of internal amendment to the Comprehensive Plan. He further stated that he was not aware of any conflicting policy in relation to rural village.
Commr. Swartz explained that, prior to amending the Comprehensive Plan Land Use Plan Amendment (LUPA), you must be able to show, through data inventory analysis, that there is some need to adjust the Land Use Map. He stated that he does not see any data inventory analysis, in this instance, that would justify a LUPA, and without the analysis, it would be inconsistent with the Comprehensive Plan. Secondly, Commr. Swartz stated that staff's appraisal of the request indicates looking at situations and doing some planning. Commr. Swartz stated that planning, in the long term, would indicate that the land in and around Highway 19 and 27 proposed as industrial commercial urban area would probably, at some point, build out in higher densities. He stated that this project is premature, because the land is primarily vacant all around. The only projects that are presently in existence are those that were pre-existing of the Comprehensive Plan. Commr. Swartz questioned whether staff, or the applicant, had data inventory analysis that indicated that the population projections, or acres for residential development, are now not sufficient to handle the projected growth for the entire period of the Comprehensive Plan.
Mr. Knight stated that the information discussed above by Commr. Swartz had not been presented. He stated that, in the rural land use category, even through the development of the Comprehensive Plan, and the tables in the Plan which identify land use allocations for rural land category, the land use acreage was not specified like the urban, urban expansion, suburban categories.
Mr. Knight referred to Policy 1-12.4, entitled "Density Allocations", in response to Commr. Swartz's questions of concern.
Ms. Bonifay explained that Mr. Knight had responded to the question asked by Commr. Swartz, by explaining that there were no allocations specifically given to the rural acreage for those land areas, as there were in urban, urban expansion, and suburban. She stated that there cannot be an over allocation, because an allocation was not made. Furthermore, the Department of Community Affairs (DCA) approved that portion of the Comprehensive Plan that allows for the creation of new rural villages at a density not to exceed two (2) units per acre. She further explained that the Comprehensive Plan states that, if you want to create a new rural village, you must do so through a Comprehensive Plan amendment, which the applicant was doing. She stated that the fact that there is a demand for this housing is the data inventory analysis that is needed; also the fact that there is a regional employment center at Highway 27 and 19 and the Turnpike; and the fact that the employment center is driving this, because DCA has approved this as part of the County's Comprehensive Plan and Future Land Use Map; therefore, there is a need for housing to serve the employment needs of Lake County. From that standpoint, if additional data inventory analysis is needed, the applicant will be happy to supply it, because there is no land use allocation. The facts for the rural village have been demonstrated by the design of the community, and it is contemplated and allowed for in this area. If the Board supports the amendment, it is the job of the staff to assist the applicant rather than each one of the Comprehensive Plan amendments always putting the burden on the developer to come forward to do the long term planning.
Mr. Knight explained that the rural village land use category was not specifically addressed on population, as areas such as the Green Swamp, because they are based on ridge.
Commr. Swartz stressed that the fact was the urban, urban expansion, and suburban land use categories are already over allocated by something in excess of two (2), which was for the entire planning period out to the year 2005, and yet the County was going to be adding density. He stated that there was a requirement that there be data inventory analysis to support that change. Commr. Swartz stated that he questioned Mr. Knight, as well as Mr. Paul Bergmann, Director of Planning, at length about this issue with the last similar issue, and they did not have that information, and therefore, he indicated that the County was inconsistent with the Comprehensive Plan to forward a Plan amendment that did not have that analysis done and could not show data inventory analysis to justify the LUPA. Therefore, the report that came back from DCA indicated that there was no data inventory analysis to justify the increase that would be required in the land use.
Mr. Knight stated that Policy 1-13.2 potentially addresses Comprehensive Plan amendments.
Commr. Bailey suggested that, if staff could not find the information the Board needed, in order to make a policy decision, the Board needed to move on and vote yes or no on the project, or the Board needed to move on and delay the request, so that the Board could move onto the business at hand, because there were people waiting. He noted that the information being requested may not even exist.
Commr. Hanson questioned whether the County keeps inventory of the density that was eliminated when the State bought thousands of acres, and would the County down zone pieces of property.
Mr. Knight explained that the County had not established a definite tracking system for the state purchases.
Ms. Bonifay stated that, in closing, DCA found the plan before the Board in compliance and the multipliers sufficient, with no over allocation. She stated that rural villages are part of the rural land use classification, and there are caps on the actual number of lots that can be platted in any year, and the number of building permits that can be issued, and this would be the data inventory that needed to be considered. She further stated that she would appreciate a policy decision, or coming back to a time certain. Ms. Bonifay stated that the data inventory analysis had been satisfied by the information presented.
Commr. Bailey explained that the County needed to be flexible, if the market was there and people are wanting to buy.
Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to approve LUPA #93/7/4-2, J. D. Eggebrecht and Winifred Jobbins aka Stonebridge.
Under discussion, Commr. Hanson stated that, when the rural village concept was first discussed, DCA actually presented it at a seminar in Orange County four or five years ago, and they recommended the concept of a rural village. She compared this to a rural village that has been established in northwest Florida. Commr. Hanson stated that she would be interested in finding out what DCA actually means, as far as rural village, if this was not an appropriate rural village. She stated that the density was one-half of what DCA approved for a rural village, and the County needed to try and offer something for everyone.
The Chairman called for a vote on the motion, which was carried by a 3-1 vote. Commr. Swartz voted "no".
Commr. Bailey requested that the record reflect a phone call received from Mr. Paul Cappolla who was in support of the request.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, requested that the Board pull Tab 23, the request to approve and execute the Cooperative Agreement Between Lake County Board of County Commissioners and the Florida Game and Fresh Water Fish Commission with respect to boating improvements at Astor - Butler Street boat ramp (GFC Ramp #31).
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 23, as indicated above:
Accounts Allowed/Community Services
Request to approve payment of monthly medicaid hospital bill in the amount of $67,840.62, and the medicaid nursing home bill in the amount of $33,831.08 for the month of May.
Accounts Allowed/Jails
Request to approve Change Order #3 to JK2 Holmes Construction for $4,054.22 for Lake County Jail Exercise Yard Security Enclosures.
Contracts, Leases & Agreements/State Agencies
Fire and Emergency Services
Request for approval and execution of Interagency/Public Works Agreement Between Lake County Board of County Commissioners and State of Florida Department of Corrections.
County Employees/Human Resources
Approval to authorize the Chairman to sign Certificates for employees with one year of service.
Contracts, Leases & Agreements/Planning and Development
Request to accept and execute Agreement Between Board of County Commissioners and Robert Puertas for Temporary Non-Conforming Zoning Use to place a mobile home on property located on Maggie Jones Road while constructing a conventional home - Commissioner District 4. (Parcel 1)
Contracts, Leases & Agreements/Planning and Development
Request to accept and execute Agreement Between Board of County Commissioners and Richard Puertas for Temporary Non-Conforming Zoning Use to place a mobile home on property located on Maggie Jones Road while constructing a conventional home - Commissioner District 4. (Parcel 2)
Contracts, Leases & Agreements/Planning and Development
Request to accept and execute an Agreement Between Board of County Commissioners and Joey Mendoza for Temporary Non-Conforming Zoning Use to place a mobile home on property located at Lot 16 in Sorrento Shores while constructing a conventional home - Commissioner District 4.
Contracts, Leases & Agreements/Planning and Development
Request to accept an Agreement Between Lake County Board of County Commissioners and Weatherly-27, Inc., and Kelly Concepts, Inc., Relating to the Issuance of Building Permits while Platting is in Progress - Commissioner District 2, subject to County Attorney's review and approval.
Contracts, Leases & Agreements/Planning and Development
Request to accept an Agreement Between Lake County and Leisure Communities, Ltd., Relating to the Issuance of Building Permits while Platting is in Progress - Commissioner District 1, subject to County Attorney's review and approval.
Roads-County & State/Resolutions
Request to approve and execute Resolution accepting Nashua Blvd. #4-6088 and Derby Dr. #5687 into the County Maintained Road System on the Cross-Tie Ranch, Phase I Subdivision, subject to County Attorney's review and approval.
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following Non-Exclusive Easement Deeds:
Mr. James Mann
Mrs. Gladys Biggers
Deeds/Roads-County & State
Request to accept the following Statutory Warranty Deeds:
Lila V. Fersch and Edna T. Lavery
Sunset Avenue and CR 50
John A. Chaffee
Lake Emma Rd. #2-2119
Deeds/Roads-County & State
Request to approve the following recommendations on the release of Murphy Act State Road Reservations:
Deed: 2244 and 1153
Applicant: Christopher Earl Hall
Location: Lots 12-19, Blk. 1, Sub A of Eustis Park,
Plat Bk. 8, Pg. 13; 26-18-26
Recommend: Reserve 25 ft. from centerline on First
Street; reserve 25 ft. from centerline on
Oak Drive; reserve 25 ft. from centerline
on Umatilla Place #5-6959; and reserve 25 ft.
from centerline on Washington Avenue.
Resolutions/Signs/Roads-County & State
Request to approve Resolution authorizing the placement of "Yield" signs on N. Spring Lake Blvd. (1-6205C) at both intersections with E. Spring Lake Blvd. (1-6205B) in the Fruitland Park area, subject to County Attorney's review and approval.
Resolutions/Signs/Roads-County & State
Request to approve Resolution authorizing the placement of "Stop" and "Yield" signs in the Harbor Shores Subdivision, in the Haines Creek Area. "Stop" signs shall be placed at the following intersections: Dale Pl. (5-5942A), Lake Bradley Dr. (5-5941) and on Orange Grove Ln. (5-5941A) at Dale Pl.: "Yield" signs are needed at both ends of Stuart Ln. (5-5941B), Grove Ln. (5-5941C), Mary Ln. (5-5841) and on Lakeview Dr. (5-5841A) on both sides of its intersection with Lake Bradley Dr., subject to County Attorney's review and approval.
Resolutions/Signs/Roads-County & State
Request to approve Resolution authorizing the relocation of a "Stop" sign from Tuscawilla Dr. (1-4120) to Sunnyside Dr. (1-4122), for traffic north bound on Sunnyside Dr., subject to County Attorney's review and approval.
Resolutions/Signs/Roads-County & State
Request to approve Resolution authorizing the posting of speed limits on the following roads: Dale Pl. (5-5942A), Stuart Ln. (5-5941B), Grace Ln. (5-5941C), Mary Ln. (5-5841), Lakeview Dr. (5-5841A), Orange Grove Ln. (5-5941A) and Lake Bradley Dr. (5-5941).
Resolutions/Signs/Roads-County & State
Request to approve Resolution relating to restriction of the use of Mill Creek Rd. (4-6583); providing for placement of "No Truck" signs on Mill Creek Rd. (4-6583); providing for penalties; and providing for an effective date, subject to County Attorney's review and approval.
Resolutions/Signs/Roads-County & State
Request to approve Resolution relating to a speed limit in the C-439 area of Mill Creek Rd. (4-6583) and providing for placement of "Speed" limit signs on Mill Creek Rd., subject to County Attorney's review and approval.
Grants/State Agencies/Public Services
Request to approve to resubmit prioritized list of eligible 1994 ISTEA grant applications to Florida Department of Transportation.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows
D) Issue Purchase Orders for Services or Commodities from Annual
Bids, State Contract, G.S.A., or Cooperative Bids.
DIVISION AMOUNT
1) PUBLIC SERVICES $41,367.57
Traffic Control Devices, Inc./Authorization to piggyback off of the Seminole County Traffic Signal Contract Bid #A/R-335 for the Purchase and Installation of Traffic Signals at Radio Road/Shademoore Avenue/Mall Entrance.
2) COUNTYWIDE $300,000.00
(ESTIMATED)
E. L. Williams, Inc./Authorization to extend Bid #B-2-3-45, Diesel and Gasoline for an additional year per the original Terms and Conditions and issue Blanket Purchase Orders within budgeted funds.
Resolutions/State Agencies/Office of Tourism
Request to approve a Resolution amending Resolution 1994-77 to include language regarding confidentiality of Department of Revenue records and giving authorization for Tourist Development Director to request tourist tax information.
CITIZEN QUESTION AND COMMENT PERIOD
The Chairman called for public questions, comments and concerns from the citizens present at the meeting. There being no public comment, the Board continued with the scheduled agenda.
MUNICIPALITIES/COMMUNITY SERVICES
Mr. Pete Wahl, County Manager, informed the Board that, after having discussions with Dr. John Pellosie, Director of the County Public Health Unit (CPHU), and the people from the Public Health Unit, the County has the opportunity to utilize a modular building in the Clermont area, for a period of time, to relieve some of the overcrowding. He stated that the Board needed to be made aware that, even though this was funded by the WIC Administration at no cost to Lake County, the City of Clermont was going to be very restrictive in terms of the length of time the County could utilize the modular building for those activities. Discussion had taken place with South Lake Hospital to try and establish a joint proposal to resolve, on a long term basis, the Public Health Unit's continued need for space. Mr. Wahl explained that the temporary modular unit would resolve the immediate short term need. The term involved a two year period of time.
Mr. Mike Anderson, Director of Facilities & Capital Improvements, addressed the Board and explained that, even though the two years would allow some immediate relief to the overcrowding problem, the problems were still going to exist, because the case load was going to increase, and the facility was very old and does not meet the current building codes, so therefore, it would not be considered for renovation.
Commr. Swartz discussed the Umatilla facility that was built with Community Development Block Grant (CDBG) funds and questioned whether this would be an option for a new facility in the South Lake area.
Mr. Wahl stated that there are a number of options that could be considered in the South Lake area. He stated that discussions have been held with the South Lake Hospital Board, and there may be a possibility, as part of their expansion, that the Public Health Unit and the Hospital could work together, with the long term intent for the hospital, as it continues to grow, to move the Public Health Unit out to some other facility. He noted that the South Lake Hospital was already in the process of expanding.
Commr. Swartz suggested that staff look at CDBG funding for the facility.
Mr. Wahl explained that there are a number of emerging changes in the way that the State of Florida was delivering public health services, and they would have a significant impact, plus or minus, on the manner in which, and the numbers of patients in which the Public Health Unit was responsible.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved to go with the short term plan for the placement of a temporary modular unit at the CPHU Clermont Clinic to offset the overcrowding at the facility, for a period of no more than two years.
The motion was carried by a 3-0 vote, with Commr. Cadwell not being present for the discussion or vote.
COUNTY PROPERTY/ENVIRONMENTAL MANAGEMENT/SHERIFF'S DEPARTMENT
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved to delete a MAC computer, software, color monitor, and printer from the BCC Property Record System. These items belonged to the Environmental Management Division and have been transferred to the Sheriff's Office - Technical Services Division.
The motion was carried by a 3-0 vote, with Commr. Cadwell not being present for the discussion or vote.
ACCOUNTS ALLOWED/SUBDIVISION/PLANNING AND DEVELOPMENT/BONDS
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the final plat for King's Cove Subdivision, Unit 7, and accepted the Performance Bond in the amount of $165,000 - Commissioner District 1.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
1. Acceptance of a Non-Exclusive Easement Deed from Representative Brian Silbernagel for Charles Davis and Susan Davis.
2. Acceptance of a Non-Exclusive Easement Deed from Representative Brian Silbernagel for Holland Properties, inc., Robert Holland, J. Russell Hamlin and Thomas Deloach as Trustees of the Thomas E. Britt Trust.
REPORTS/ROAD-COUNTY & STATE
Mr. Jim Stivender, Director of Public Services, addressed the Board to discuss Blue Creek Lodge Road. He explained that the road had been a County maintained road for several years, and it was a clay road that accesses through the Blue Creek Lodge area, and to a boat ramp, which was on the south side of Lake George. In reviewing the past history of the road, he found that in October, 1991, there were some problems, because of high water in Lake George, and windy conditions caused a lot of flooding. He stated that clay was brought in from one of the better clay pits, and the road was in relatively good shape, even though additional repairs needed to be made at the ramp area. He expalined that these repairs would be done in the next week or two. Mr. Stivender stated that, in December, 1991, he did a review of Blue Creek Lodge Road, and Lake George Road, which together come off of State Road 40 as a single road, and then the roads split. He stated that the total clay road was approximately five (5) miles long, and the traffic count that was done around that time indicated 175 cars in a single day. He further stated that he received a call several weeks ago to check the traffic count again. Mr. Stivender stated that he would have another traffic count done, in order to determine how much traffic uses the ramp, and how much traffic was coming off of State Road 40. He stated that, after he looked at these roads, justification could not be made, in comparison to other roads in the County, to resurface a surface treated road. Mr. Stivender stated that the clay on the road came from the clay pit in Homestead, Marion County, and the clay was not of quality nature. At this time, he explained the problems that exist with clay roads, and the different types of clay that are used on roads. Mr. Stivender proposed to start hauling clay to the roads being discussed, in approximately two weeks, in order to address the worst areas. This would solidify and provide a natural repair to the road, which should extend its lifetime. Mr. Stivender explained that he could not foresee this being a future paving project, because there are not enough areas that could be populated, or have enough growth to justify it. Mr. Stivender discussed the influence that the Forestry Service has on the roads in areas such as those being discussed, and stated that the Forestry Service was not in favor of paving roads. He estimated the cost of a paved road to be approximately $50,000.00 per mile.
Discussion occurred regarding the $40,000.00 that is received by the County each year from the Forestry Service. Mr. Stivender explained how the monies are used by the County for the maintenance of the roads. Mr. Stivender further explained that there are 200 miles of clay road in the County, and the County was paving approximately 5-6 miles per year. The priority order for the paving is approved by the Board each year.
Commr. Cadwell questioned whether the clay could be changed on the first portion of the road, and double surface treatment could be done from Lake George Road into the residences.
Mr. Stivender explained that he would prefer to do the clay work and come back and address the surface treatment, after the clay had been put into place.
Discussion occurred regarding the areas of the road that are creating the problems.
Commr. Hanson opened the public hearing portion of the meeting.
Mr. Carl Hongell appeared before the Board and stated that he lives on Blue Creek Lodge Road. He addressed the road in question and stated that, from 1985 through last year, the Forestry Service has paid the County, in lieu of taxes, over one million dollars. He stated that it was his understanding that a percentage of the monies was to go towards schools and the roads. He addressed the problems the residents are having with driving on the road, and the problems the emergency vehicles are having with trying to get to and from the residents in the vicinity. He further stated that there has been an increase in traffic, because of the number of boaters using the boat ramp to Lake George. Mr. Hongell expressed that he would like to see more of the funds from the Forestry Service used for the roads.
Mr. Jay Belshiles, who lives on Blue Creek Lodge Road, appeared before the Board and explained the situation of going onto Blue Creek Lodge Road off of State Road 40, especially through bad weather. He stated that the road needs to be paved the width of the road, and at least a car's length back, so that you can get on and off of the road with some degree of safety. He further stated that the road does not drain, and the curves that are overgrown need to be cut, so that you can see the oncoming traffic.
Mr. Bradford Brown appeared before the Board and stated that he helped build Blue Creek Lodge Road, and he has lived in this area for 42 years. Mr. Brown explained that there are a lot of people that live in this area, and they need a road to drive on, because they are paying a lot of taxes. He questioned why the Board would object to paving a road three to four miles long, after it had approved the paving of Lightfoot Road, which had government property on it, and approximately six (6) homes with only two of them paying taxes. Mr. Brown explained some of the issues he discussed with Mr. Stivender, which included taxes, and the counters that was placed on the road. Mr. Brown indicated that he had no objection, if it took two to three years to prepare the road to be black topped.
Mr. John Hutchinson appeared before the Board to discuss the impact on the area, because of airboats that are now using Lake George. He stated that the traffic has also been impacted by the hunters and their trucks. He explained the condition of the road, and the problems that his wife has encountered from using the road. He further discussed the problems he and his wife have had when trying to attend meetings, and the problems that exist when company visits.
Commr. Hanson stated that she has a problem with placing just clay on the road, because of the constant maintenance problem.
Commr. Bailey stated that it would seem the long range plan for surface treatment would be a better alternative to the problems that exist, because of the maintenance involved with the clay.
Mr. Truman Kennedy appeared before the Board and explained that he has approximately $170,000.00 invested in his home on the river. Mr. Kennedy stated that, when company visits with him, they cannot go home sometimes, because of the problems with the road. He further stated that he was concerned for the safety of the elderly, because the problems on the road do not allow emergency vehicles to travel with ease in this area.
Commr. Hanson stated that she brought this before the Board, because she recognized that Mr. Stivender had made his decisions on this issue based on countywide concerns, but that this issue needed to have Board input. She also noted that these types of problems existed in other parts of the County.
Ms. Emily Long appeared before the Board and questioned the time that the so called "bad" clay was used on the road, and discussed the problem she and her husband, as well as the deputy sheriff, had when traveling on the road even after five truck loads of clay had been placed on the road. She also questioned what was going to be done to the roads, in order to accomodate the school buses that have to travel on the road.
Mr. Stivender explained the problems that can exist from using clay on the roads. He informed the Board that he would be placing the counters on the roads this weekend, one by State Road 40 and one on the ramp. Mr. Stivender discussed the issue of school buses, and the clay that was hauled for six miles to accomodate their travel needs. He stated that the School Board wants the road surface treated, but this was a situation where there was no support from the Forestry Service. Mr. Stivender stated that the County has had 20 inches of rain in the last two months, which was average, and the County has had to adjust its routine maintenance by trimming back on the mowing, and patching clay roads, until the rain decreased. He stated that the County was planning on hauling clay into the area being discussed within two weeks.
Commr. Cadwell stated that the traffic count would be reported back to the Board, and he requested that Mr. Stivender look into the feasibility of an apron on the road.
Mr. Stivender stated that an apron would be no problem, and that State Road 40 was designated as the interstate highway system, and there are two to three sets of plans for extra lanes to be placed along this segment of road, which would allow for some dramatic changes. He informed the Board that he would check on this issue and report back to the Board.
Ms. Catherine Penski appeared before the Board and stated that she lives in the only house on Blue Creek Lodge Road, and she feels very unsafe since her husband has passed away. She explained that people have problems getting stuck on the road especially during hunting season, and they come to her house to ask to use the phone. She stated that she would like to have the road paved.
Commr. Swartz discussed the different problems that existed within his district over the years, and the process that was taken to pave some of the roads that go into Buckhill. He suggested that the Board approve what had been suggested earlier, for an apron to be placed off of State Road 40, and to work with the Forestry people and see if the County can provide more clearance. He further suggested that the staff be directed to come back and take a look at what is the worst part of Blue Creek Lodge Road, and perhaps putting that portion on a double surface program. He stated that this would mean pulling a portion of another road off of the program, and perhaps rotating the rest of the road into the double surface program over a period of years.
Commr. Bailey expressed concerns with the use of the monies being received by the County for the roads, and stated that the County needs to revisit what was being done with the road monies and make sure that the roads are being made as the first priority. He stated that the roads are the lifelines to the services that people need. He further stated that the areas need to be reviewed, and the County needed to start phasing them into the program.
Mr. Stivender stated that the issue discussed today could be considered as a priority, but first the clay needed to be placed on the road to take care of some of the existing problems.
Commr. Hanson requested that Mr. Stivender provide the Board with the income received from the Forestry Service over the past five years. She noted that the clay would be placed on Blue Creek Lodge Road within the next two weeks and that the counters would be placed in the two locations to determine the traffic count. Mr. Stivender would then be reporting back to the Board.
Mr. Stivender stated that this project would be incorporated as part of the budget recommendations for this year. It was noted that he would also be providing a special report on Blue Creek Lodge Road at a later date.
RECESS & REASSEMBLY
At 11:20 a.m., the Chairman announced that the Board would be recessing for a short break, with the meeting being called back to order at 11:30 a.m.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
FINANCE/COUNTY PROPERTY
Mr. Pete Wahl, County Manager, explained that the Board had authorized the County to go out for requests for proposals from various financial institutions, for a line of credit up to $7 million to cover the repayment of costs related to the Central Park, which included costs that have already been incurred and paid out of the County Transportation Trust (CTT) Fund. Mr. Wahl informed the Board that Public Financial Management, Inc. (PFM) had made a recommendation of First Union, but there had been a question raised by Ms. Eleanor Anderson, Director, Office of Budget, relative to Tab 1, Page 1 of the Summary of Request for Proposals Line of Credit presented by PFM, which indicates a footnote, "(1) NTE (not to exceed) $2,800 with County Counsel", which was a part of the Fees and Expenses for First Union National Bank. Mr. Wahl stated that this came in after the submittal date for the proposals, which Ms. Lavon Wisher, PFM, would be explaining to the Board.
Ms. Lavon Wisher appeared before the Board and stated that she received four proposals from banks. In starting the review, PFM requested a LIBOR rate, which was used to standardize the bids and therefore accurate comparisons could be made. She explained how each bank's formula was taken and an analysis was prepared. She stated that an analysis had to be prepared for the infrastructure and for the CTT Fund. Ms. Wisher stated that PFM had to get four rates from the bank, bank qualified, tax exempt, taxable, and non bank qualified. At this time, Ms. Wisher provided additional information on the overall procedures used for the analyses. Ms. Wisher stated that, in the original proposal from First Union, a $10,000.00 fee was indicated for their counsel to prepare the documents. Some of the others presented two different figures using either the County's Counsel, or the Bank's Counsel. She discussed this issue with Mr. Wahl, who indicated that it was the County's intent for their County Counsel to prepare the documents. She requested a proposal from First Union, which was submitted and which made them the low proposal. Ms. Wisher stated that there was approximately a $3,000.00 spread based upon todays rate. She explained that, in the proposal, PFM had the right to fix the rate at such time as the fixed rate equals the adjustable rate, so that the County would not be penalized. Based strictly upon the dollars that it was going to cost Lake County, Ms. Wisher stated that PFM had recommended that the County take the proposal from First Union.
Discussion occurred regarding the information that was included in the Request for Proposal (RFP). It was noted that the information did not include the use of County Counsel to prepare the documents.
Discussion occurred regarding the figures presented by Nations Bank as compared to First Union.
Mr. Wahl stated that it would not be in the best interest for the County to use the bank's counsel.
Commr. Swartz stated that he would like to have the "not to exceed" amount regardless of which one of the proposals the Board chose.
Ms. Barbara Lehman, Director, Finance & Audit Department, addressed the Board and explained that the 120 day requirement, in the proposal submitted by First Union, for the financial statements to be completed, was changed to 180 days, which was the same requirement presented by Nations Bank.
At this time, it was determined by the Board that a "not to exceed" figure needed to be provided for the County's Counsel, Nabors, Giblin & Nickerson, before the Board could make a decision. The issue was continued until such time the information could be provided to the Board.
PUBLIC HEARINGS: TRANSMITTAL HEARING - SECOND AMENDMENT TO THE COMPREHENSIVE PLAN FOR 1994 (Continued)
PLANNING AND DEVELOPMENT/COMPREHENSIVE PLAN/STATE AGENCIES
LUPA #94/6/1-3 Florida Rock Industries, Inc. et al
Mr. Mark Knight, Chief Planner, addressed the Board and stated that the original request was urban expansion, suburban, to rural. Since that time, one of the applicants has requested a withdrawal from the Land Use Plan Amendment (LUPA). Mr. Knight presented the Board with another request for withdrawal from another property owner, Sidney L. Martin, and a map identifying the revised boundaries. Mr. Knight stated that staff was recommending approval of the request to the rural land use category, to include taking out the two parcels of property owned by those individuals who have requested a withdrawal.
Mr. Greg Beliveau, Lake Planning Group, presented the Board with a map dated August 1, 1994, Florida Rock Industries, which was prepared by Land Planning Group, and which was entered and marked by the Deputy Clerk as the Applicant's Exhibit A.
The Deputy Clerk administered the oath to the following individuals who would be testifying in the case: Mr. Jim Barker, Director of Environmental Management; Mr. Greg Beliveau, Lake Planning Group; Mr. Steve Adams, Land Planning Group; and Mr. Mike O'Berry, Representative from Florida Rock Industries, Inc.
Commr. Hanson opened the public hearing portion of the meeting.
Ms. Terry Neal, Attorney representing the applicant, appeared before the Board and explained that the request was to make the Future Land Use Amendment comparable with what was truly going on in the area. Ms. Neal explained that Florida Rock has been mining the area described under Conditional Use Permits (CUPs), and by vesting under the mining ordinance, but the Future Land Use Map does not designate the area with any classification that would allow mining.
Mr. Greg Beliveau, Land Planning Group, presented a chart identified as Florida Rock = LUPA Reduction In Impact, which was entered and marked by the Deputy Clerk as the Applicant's Exhibit B.
Mr. Beliveau explained Exhibit B, which indicated the density, traffic trips, and population that would be coming back to the County. Mr. Beliveau stated that 65 acres of the total 800 acres are located in the rural land use designation. On the remaining parcel there are 610 acres, which are under this application, and of the 610 acres, there are 527 acres in suburban.
At this time, Mr. Beliveau explained, in detail, the map that was presented and marked as the Applicant's Exhibit A.
Mr. Knight stated that staff was recommending approval of the two requests for withdrawal, and staff would be looking at additional amendments for the landfill site.
Mr. Beliveau stated, for the record, that Florida Rock Industries was a pre-existing operation that had a CUP, and which had grandfathered vested mining tracts. The applicant was adding an additional 233 plus acres with the application, which would be followed, at a later date, by a mining permit and plat. He further stated that, by changing this from suburban and suburban expansion to rural, the County would be allowed to have back approximately 1,914 plus units of density that would go back into the vault for future development somewhere else. Also the amount of trips would be reduced by approximately 19,000 vehicles, because of the units that would not be built, and the population would be reduced by approximately 4,400 people.
Ms. Neal stated that, in summary, the applicant was not going to affect any of the surrounding landowners, and this would be a "cleanup", so that the Future Land Use Map matches what was actually taking place in the area.
The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.
Mr. Barker explained that the applicant would need to submit a mining site plan and meet all requirements of the mining ordinance.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved for the transmittal of LUPA #94/6/1-3, Florida Rock Industries, Inc. et al, to the Department of Community Affairs (DCA).
LUPA #94/6/2-5 James P. and Barbara H. Logan
Mr. Mark Knight, Chief Planner, addressed the Board and stated that, after indepth discussion with the applicant and the representative, staff does not feel that a Comprehensive Plan Amendment would be required for this application. He noted that a formal withdrawal was not on record, but the applicant was of the understanding that the case would be withdrawn.
Ms. Terry Neal, Attorney representing the applicant, addressed the Board and stated that it was her understanding that the case would be withdrawn.
The Chairman opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the withdrawal of LUPA #94/6/2-5, James P. and Barbara H. Logan.
LUPA #94/6/3-2 Florida Soils Inc.
Mr. Mark Knight, Chief Planner, addressed the Board and stated that the request was to change the land use designation from urban to rural. He stated that staff was recommending approval of the request.
Mr. Jim Barker, Director of Environmental Management, addressed the Board and described the location of the property in question.
Commr. Hanson opened the public hearing portion of the meeting.
Mr. Greg Beliveau, Land Planning Group, appeared before the Board representing the applicant. At this time, he presented a brief description of the request.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to approve the transmittal of LUPA #94/6/3-2, Florida Soils Inc., to the Department of Community Affairs (DCA).
Under discussion, it was clarified that this was an approval of the rural land use designation only, and that a mining application would have to be submitted and all necessary requirements would have to be met.
The Chairman called for a vote on the motion, which was carried unanimously.
LUPA #94/6/4-4 Robert E. Sullivan et al
Mr. Mark Knight, Chief Planner, addressed the Board and stated that this was a request to go from employment center, suburban, and urban expansion to urban. He stated that staff had recommended approval to an urban expansion land use designation as a continuation from the urban expansion around the City of Mount Dora, and east of Highway 441 on the Orange County boundary. He stated that originally there was a Comprehensive Plan amendment that was being proposed by Orange County. He further stated that, to the best of his knowledge, they have withdrawn this proposal.
Commr. Hanson opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney representing the applicants, appeared before the Board and explained that the applicants are requesting an urban land use which would be downgrading, or a lesser density and intensity, than the employment center designation. She stated that residential community was being envisioned with some neighborhood commercial to service it, and perhaps a recreational vehicle area. She discussed the question that had been raised about utilities and stated that the applicants are currently talking with Orange County about extending the utilities to that area, or doing their own utilities to service that area and entering into an agreement with Orange County. Ms. Bonifay stated that the request was consistent and compatible, and it meets all of the Comprehensive Plan policies. She stated that the request for urban would give the applicant the flexibility to do the kind of planning that was necessary. She noted that the Planning and Zoning Commission voted unanimously to approve the urban land use category to allow the flexibility to have the commercial, single-family, and perhaps a recreational vehicle component. Ms. Bonifay explained that, after reviewing the RV parks, the densities are somewhere between eight and nine units per acre. With the urban land designation, the applicant would be limited to seven single-family units, and urban expansion would only allow four units per acre, with no kind of an RV component.
Commr. Hanson stated that she had a problem with the urban land use in this area, because it does not fit with the proximity.
She stated that she would have no problem with urban expansion or suburban.
Ms. Bonifay explained that the applicant definitely did not want suburban land use.
Commr. Swartz stated that he feels suburban would be the proper designation coming up to Round Lake Road, and urban expansion, or urban to the east, would be a stretch. The Board needed to look at providing other alternatives in the employment centers than what was presently there. He stated that he would prefer to leave the property as it was currently designated, or change it to suburban, until the Board makes some determinations on employment center, and perhaps provide alternatives that would allow some of the uses that the applicant may be wanting to use.
Ms. Bonifay stated that the applicant had no long term planning, but was doing planning by application, and her client had purchased the land in anticipation of development, and he does have a generalized plan. She stated that the applicant has not engineered a final develop plan, until it can be determined whether or not a land use plan amendment could be transmitted to DCA.
Mr. Knight expressed concern with the urban, because of the high density land use designation and recommended urban expansion.
Commr. Hanson stated that she would prefer urban expansion, or leaving the land as it was currently designated with the employment center.
The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that he would be prepared to make a motion to approve the change to urban expansion.
Ms. Bonifay stated that the property was unusable with the current land use classification, because there was no demand in that location for industrial manufacturing.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved the transmittal of LUPA #94/6/4-4, Robert E. Sullivan et al, with staff's recommendation of urban expansion, to the Department of Community Affairs (DCA).
The motion carried by a 3-1 vote, with Commr. Swartz voting "no", and Commr. Gerber not being present for the meeting.
LUPA #94/6/5-5 Florida Department of Transportation (FDOT)
Lake County Board of County Commissioners
Mr. Mark Knight, Chief Planner, explained that a letter had been received from Mr. Mike Szunyog, MPO Liaison, Department of Transportation, which requested that Lake County identify the four-lane, so that they can carry through the Project Development and Environmental (PD&E) Study to determine the feasibility of it. He noted that staff and the Planning and Zoning Commission recommended approval of the request.
Commr. Hanson opened the public hearing portion of the meeting. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the transmittal of LUPA #94/6/5-5, Florida Department of Transportation (FDOT), Lake County Board of County Commissioners, as recommended, to the Department of Community Affairs (DCA).
LUPA #94/6/6-(1-5) Lake County Board of County Commissioners
Mr. Mark Knight, Chief Planner, explained that the request was to change the text in the Lake County Recreation and Open Space Element of the Comprehensive Plan. He stated that there are two policies that deal with the responsibilities of the Library Coordinator. He further stated that staff was unable to meet the time frames and proceed forth. He noted that the language presented had been developed by the Library Coordinator and that staff was requesting an amendment to the text.
Commr. Hanson opened the public hearing portion of the meeting. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the transmittal of LUPA #94/6/6-(1-5), Lake County Board of County Commissioners, to the Department of Community Affairs (DCA).
LUPA #94/6/7-(1-5) Lake County Board of County Commissioners
Mr. Mark Knight, Chief Planner, addressed the Board and explained the request for a text amendment to the Recreation and Open Space Element, and the policy that deals with the level of service. The current policy provides 1.5 acres per 1,000 residents, and the proposed policy will provide .92 acres per 1,000 residents.
Discussion occurred regarding the resource base, with Mr. Knight explaining that there was no requirement for it in the Comprehensive Plan, or 9J-5. He stated that he had met with Mr. Chuck Pula, Director of Parks and Facilities, and discussed this issue.
Commr. Hanson opened the public hearing portion of the meeting. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the transmittal of LUPA #94/6/7-(1-5), Lake County Board of County Commissioners, to the Department of Community Affairs (DCA).
Mr. Knight explained that the Board needed to decide whether it wanted to request DCA to review the Comprehensive Plan amendments. If a request was made for DCA to review them, the County would be locked into a time frame, which was approximately a 70 day time frame.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to request review of the transmittal of the Land Use Plan Amendments (LUPAs) by the Department of Community Affairs (DCA).
FINANCE/COUNTY PROPERTY (Continued)
Mr. Pete Wahl, County Manager, informed the Board that Mr. Frank Gaylord, County Attorney, had attempted to reach by phone Mr. L. Thomas Giblen, Nabors, Giblin & Nickerson, P.A., regarding the County's request for a $7 million line of credit for Capital Improvements, and Mr. Giblen was not available. In trying to address the issue discussed earlier, Mr. Wahl suggested that the Board authorize staff to proceed with the recommendation from Public Financial Management (PFM), for an $8 million line of credit for Capital Improvements with First Union National Bank, with the condition not to exceed $4,000.00 with the County's Counsel, Nabors, Giblen & Nickerson, P.A.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the $8 million line of credit for Capital Improvements with First Union National Bank, with the condition not to exceed $4,000.00 with the County's Counsel, Nabors, Giblen & Nickerson, P.A.
TIMES CERTAIN
WORKSHOP - IMPACT FEES
Discussion occurred regarding the workshop for impact fees scheduled for 2 p.m.
It was noted that the workshop on impact fees was postponed until August 16, 1994, at 2:30 p.m., or as soon thereafter as possible, so that more information could be supplied to the Board members, and so that a full Board could be present for the review.
RECESS & REASSEMBLY
At 12:48 p.m., the Chairman announced that the Board would recess until 5:05 p.m. for the public hearing on Land Development Regulation (LDR) Amendment Changing the Definition of Kennel.
PUBLIC HEARINGS
ORDINANCES/PLANNING AND DEVELOPMENT
At 5:05 p.m., the Chairman announced that the advertised time had arrived for the first public hearing on the Land Development Regulation amending the definition of "kennel".
It was noted that Commr. Gerber and Commr. Bailey were not present for the hearing.
Mr. Mark Knight, Chief Planner, addressed the Board and explained that the ordinance amends the Land Development Regulations (LDRs) to remove the reference to "research involving dogs or cats" from the definition of "kennel", and to strike "kennel" as a Conditional Use Permit in A-1-20, and A-1-40.
Commr. Hanson opened the public hearing portion of the meeting. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Swartz noted that Ms. Marybeth Fieldings, who serves on the Animal Control Study Committee, was present in the audience. He stated that her only question was whether, by the Board approving the proposed ordinance, it would not preclude looking at the recommendations coming from the Study Committee and considering their adoption as well.
It was noted that this was the first public hearing on the proposed ordinance, and no action was needed by the Board at this time. The final public hearing would be held on August 16, 1994, at 5:05 p.m., or as soon thereafter as possible.
MEETINGS/COUNTY MANAGER/COMMISSIONERS
Mr. Pete Wahl, County Manager, reviewed the tentative agendas for the following weeks. Mr. Wahl noted that, by action of the Board last Tuesday, the Board tabled the adoption public hearing for the first set of LUPA submittals for 1994, and it had been scheduled for August 16, 1994, at 9 a.m., or as soon thereafter. Also there would be three MSBU public hearings, and a public hearing on the Certificate of Convenience and Necessity for Florida Regional EMS. These were all scheduled for 9 a.m., or as soon thereafter. At 2 p.m. there would be a workshop on Charter Government, which was a continuation of the original report. At 2:30 p.m., the impact fee workshop would be scheduled. At 4 p.m., he requested that the Board schedule a workshop on stormwater issues, which would include looking at options to address the Federal Emergency Management agencies' mapping requirements and regulations. At 5:05 p.m., the final adoption hearing had been scheduled for the Land Development Regulation (LDR) ordinance pertaining to "kennel".
Mr. Wahl noted that there were no changes to the August 23, 1994 scheduled agenda.
Mr. Wahl stated that there would be two workshops in the afternoon of September 6, 1994, one pertaining to Mr. Jim Barker, Director of Environmental Management, regarding water and wastewater specifications. The other workshop would address the issue of the adoption of the overall television cable ordinance, as requested by Mr. Bruce Thorburn, Director of Information Services.
Mr. Wahl informed the Board that the first budget hearing would be held at 6:30 p.m., September 12, 1994.
Mr. Wahl stated he would put together a list of the combined workshops to be distributed to the Board members.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:17 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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