The Lake County Board of County Commissioners met in regular session on Tuesday, August 23, 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.; Rhonda H. Gerber; and Don Bailey. Others present were: Tim Hoban, Senior Assistant County Attorney; Pete Wahl, County Manager, Ava Kronz, BCC Office Manager; Ms. Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Hanson requested that Zoning Petition No. 25-94-3, Church of God, Inc., be moved to the beginning of the meeting this date, and that Addendum No. 1, discussion of the placement of conventional and mobile homes as written in Section 3.02.01 of the Land Development Regulations, be moved to a Times Certain at 11:00 p.m. this date.
Mr. Pete Wahl, County Manager, requested that discussion of the Report on Centralized Collection in regard to the Pine Lakes collection center be added to the agenda, and that the updated agreement from Reynolds, Smith and Hills, Inc., for preparation of the Comprehensive Impact Fee Study Update, be added to the agenda if said information becomes available prior to the end of the meeting this date.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ZONING
At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, Director of Development Regulations Services Division; Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services; Ms. Sharon Farrell, Planner III, Office of Development Regulations Services; Mr. Jeff Richardson,
Planner II, Office of Development Regulations Services; and Ms. Lori Paris-Webb, Engineer III, Public Services.
PETITION NO. 25-94-3 R-6 + CUP#498-1(A) & (B) TO CFD
CHURCH OF GOD, INC.
Mr. Greg Stubbs, Director of Development Regulations Services Division, briefly discussed this request and stated that the applicant had submitted a letter, dated August 18, 1994, which had been distributed to the Board prior to the start of the meeting this date, requesting a thirty (30) day continuance due to the fact that the applicant requires additional time to resolve several outstanding issues.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, representing the Home Protection Association, stated that, on behalf of his clients, he has no objection to the postponement of this request for thirty days, until September 27, 1994. He requested that the Board continue this case to a location that would accommodate several hundred people who are anticipated to be at said hearing.
Mr. John Watson, a local resident, appeared before the Board; at which time the oath was administered by the Deputy Clerk. He stated that he was in opposition to the postponement of this request due to the many working people, who live directly adjacent to the property in question, that have taken time off from work to be present this date.
Mr. Ernest Ware, a local resident, appeared before the Board; at which time the oath was administered by the Deputy Clerk. He requested clarification on the quasi judicial hearing process, at which time the Board responded to his request.
Ms. Mary Reed, a resident on Haines Creek Road, appeared before the Board; at which time the oath was administered by the Deputy Clerk. She stated that she was in opposition to the postponement of this request and discussed the concerns of the residents in the area in regard to their safety.
Ms. Cecelia Bonifay, Attorney, representing the Church of God, Inc., Anderson, Indiana, appeared before the Board and discussed the request for a thirty (30) day continuance. She discussed the concerns of the residents and explained that said concerns were centered around a contract that, at one time, had been pending on the parcel in question, and noted that said contract had expired. She stated that this request was for a church camp and, for the record, has never been intended as a boot camp.
Mr. George Donovan, a resident of Scottish Highlands, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Donovan questioned the purpose of this rezoning, if the parcel in question was not intended to be used as a boot camp, and expressed concern with the uses allowed under the proposed rezoning.
Mr. Donald Braksick, a local resident, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Braksick stated, for the record, that he had previously presented a petition with 700 names in opposition to this rezoning, and that he was in support of the request for a continuance for thirty (30) days to allow the residents in the area the opportunity to review the issues.
Discussion occurred regarding a location for an evening meeting on September 27, 1994 in regard to this issue. Mr. Jim Porter, a local resident, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Porter suggested the Gateway Academy, located on Treadway School Road, as an alternative meeting place.
Mr. Jerome Fremeau, a local resident, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Fremeau stated that he had no opposition to the request for a thirty (30) day continuance to allow the opposition more opportunity to review the issues.
Mr. Tim Hoban, Assistant County Attorney, stated that copies of the quasi judicial hearing rules would be available in the
County Attorney's office, and that copies would be made available to the attorneys for distribution.
At this time, Mr. Braksick expressed his appreciation to Commr. Don Bailey for his service to Lake County.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Swartz expressed his support of the request for a thirty (30) day continuance of Petition No. 25-94-3, and requested that staff clearly outline the existing uses that are allowed under the existing CUP (Conditional Use Permit), and the uses that are being requested that are not included within the existing CUP (Conditional Use Permit). He discussed the permitted uses under the CFD (Community Facility District) category, at which time Mr. Stubbs stated that staff had concerns with the categories of Boys/Girls Ranches, Education Institutions, Family-Residential-Home, and Community-Residential-Home and said categories would be redefined.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to postpone Petition No. 25-94-3 for thirty (30) days, until September 27, 1994, at 6:30 p.m., at a location sufficient to meet the needs of the public hearing; and to readvertise and renotice said public hearing as the second postponement of this case.
PERSONAL APPEARANCES
Commr. Jeff Gann, Chairman, Marion County Board of County Commissioners, appeared before the Board to address items of mutual concern between Marion County and Lake County. He stated that Marion County and Lake County share approximately 45 miles of common border, and a number of environmentally significant attributes and stated that a coordinated effort between Lake County and Marion County would be to the mutual benefit of both counties. He stated that a few of the local issues that cross county lines are the need for local calling capabilities through the phone company for those who live in one county and work in the other;
interlocal agreements that pertain to Emergency Medical Services and Fire Services; Storm Emergency Preparedness; solid waste and recycling; ways to meet the needs of the citizens; Legislative requirements; the Cutter Report; Greenways, Trail Heads, and cross- Florida trails; and Development of Regional Impact from Lake County to Marion County. He stated that he looks forward to a continuing working relationship that would benefit the citizens of Lake County and Marion County.
Commr. Bailey recommended that Commr. Hanson, and Mr. Pete Wahl, County Manager, review ways in which to begin a coordinated effort with neighboring counties on local issues and bring back to the Board their recommendations.
ADDENDUM NO. 1
REPORTS
Commissioner Hanson - Chairman and District No. 4
Grants/Courthouse
Mr. Alvin Jackson, Economic Development Coordinator, appeared before the Board and presented an update on the grant process for the Historic Preservation Grant. He stated that the Florida Historic Preservation Advisory Council would be considering grant applications on September 12, 13, and 14, 1994, and that a reception would be held on Tuesday, September 13, 1994, at which attendance was considered to be very important. He explained that the Council was a twelve member board and has received 120 projects which they are to consider. He further explained that only the top forty (40) projects would receive funding, and stressed the importance to be one of the top ten (10) projects in the event that funds were cut by the Legislature. Mr. Jackson encouraged the County Commissioners, Constitutional Officers, and any others who are connected to Lake County's proposed project to attend in order to "lobby" the Florida Historic Preservation Advisory Council on behalf of the project.
Mr. Pete Wahl, County Manager, suggested the possibility of providing bus transportation to those who wish to attend the reception on September 13, 1994.
Commr. Swartz requested that Mr. Jackson provide the Commissioners with information on the appropriate method in which to make contact with the Florida Historic Preservation Advisory Council.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)
PUBLIC HEARINGS
ORDINANCES/FINANCE DEPARTMENT
Ms Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department, presented this request.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
There being no one present who wished to discuss this issue, the public hearing portion of the meeting was closed.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for approval of Ordinance No. 1994-13, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE INVESTMENT OF SURPLUS FUNDS OF THE COUNTY IN SPECIFIED OBLIGATIONS IN ADDITION TO THOSE SPECIFICALLY AUTHORIZED BY STATE LAW; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
ADDENDUM NO. 1 (CONTINUED)
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ASSESSMENTS/RESOLUTIONS
At this time, Commr. Hanson opened the public hearing on the Village Green Municipal Service Benefit Unit (MSBU) non-ad valorem rate schedule and the non-ad valorem assessment roll.
No one present wished to speak in opposition to this request.
Mr. Chester Cable, President, Village Green Property Owners Association, appeared before the Board and stated that, for the record, the Village Green Property Owners Association was in support of approval of the Village Green Municipal Service Benefit Unit.
There being no further 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 Resolution No. 1994-167, adopting the "Village Green Municipal Service Benefit Unit" non-ad valorem rate schedule, in the amount of $65.30 per parcel; and the non-ad valorem assessment roll for street lighting services for Village Green; subject to final review and approval by the County Attorney.
ASSESSMENTS/RESOLUTIONS
At this time, Commr. Hanson opened the public hearing on the Greater Pines Municipal Service Benefit Unit (MSBU) non-ad valorem rate schedule and the non-ad valorem assessment roll.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1994-168, adopting the "Greater Pines Municipal Service Benefit Unit" non-ad valorem rate schedule, in the amount of $240.51 per parcel; and the non-ad valorem assessment roll for general maintenance and repairs for the common areas of Greater Pines; subject to final review and approval by the County Attorney.
ASSESSMENTS/RESOLUTIONS
Mr. Pete Wahl, County Manager, stated that Shamrock Development Corporation, the developer of Silver Lake Forest Phases I & II, has requested that the request for a Municipal Service Benefit Unit (MSBU) for Silver Lake Forest Phases I & II, for the installation of street lights and street light services, be withdrawn this date.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to withdrawn the request for a resolution adopting the "Silver Lake Forest Phase I & II Municipal Service Benefit Unit, at the developer's request.
ZONING (CONTINUED)
PETITION NO. 24-94-4 A TO CFD HARVEST INSPIRATION MINISTRIES, INC.
Mr. Greg Stubbs, Director of Development Regulations Services Division, noted that a letter, dated August 25, 1994, from Harvest Inspiration Ministries, requesting a thirty (30) day continuance of this request, had been distributed prior to the start of the meeting this date.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
Commr. Swartz stated that it was important that allowed uses are clearly specified within the CFD (Community Facility District) when consideration was given to rezoning to a CFD (Community Facility District).
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone Petition No. 24-94-4, a request for rezoning from A (Agricultural) to CFD (Community Facility District), for construction of a chapel and fellowship hall with accessory related uses such as classrooms, warehouse/storage, caretaker's residence, parsonage and community service center.
CUP#94/5/2-2 CUP IN A NAPOLEON ULLOA
Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request. Ms. Sharon Farrell, Planner III distributed photographs (County Exhibits A 1-12) of the property in question. Mr. Stubbs stated that staff recommends approval of the CUP (Conditional Use Permit) based on finding it consistent with the Lake County Comprehensive Plan and the Lake County Land Development Regulations, and based upon the type of operation and the actual growing of sugar cane on the property in question. He explained that conditions have been placed on this request limiting
the processing of only those fruits or vegetables grown on the site, limiting the hours of operation to six (6) hours per day during daylight hours only; and requiring a minimum of two (2) inspections per calendar year. He noted that staff has received three (3) letters in opposition, one (1) letter of concern, and one letter in support of this request.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
Mr. James Young, a resident of Avalon Woods Drive, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Young expressed his concern with the possibility of smoldering smoke from the burning of the sugar cane fields, and noted that the area in question was a high scrub area with a lot of rare plants and scrub oaks on the property. He further noted that the nearest fire station was located in the City of Clermont. He expressed concern that this request would be creating a commercial site in a quiet residential area.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Swartz requested that staff meet with the applicant to discuss and clarify the location of the structure on the ten (10) acre tract.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone Petition No. CUP#94/5/2-2, a request for CUP (Conditional Use Permit) in A (Agricultural), for thirty (30) days, for extraction of juices from fruits and vegetables for processing into syrup.
At this time, Mr. Stubbs introduced Mr. Jeff Richardson, Planner II, a new employee in the Office of Development Regulations Services.
PETITION NO. CUP#824-5 REVOCATION OF CUP#824-5
ELIZABETH TERRELL
Mr. Greg Stubbs, Director of Development Regulations Services Division, provided a brief explanation on the process of revoking a CUP (Conditional Use Permit), and stated that administratively, in the future, the applicant would receive notice indicating that there has been a violation, or that the CUP (Conditional Use Permit) has never been executed, and that the CUP would be revoked. He explained that said action would eliminate the requirement to go through the Planning and Zoning Commission, and the public hearing process.
Mr. Stubbs presented the request for revocation of CUP#824-5 and stated that this CUP (Conditional Use Permit) had been approved for a custom meat house and was no longer in use.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved revocation of CUP#824-5, which had been approved for a custom meat house no longer in use and not needed by the applicant - Resolution No. 1994-164.
PETITION NO. CUP#88A/6/5-4 REVOCATION OF CUP IN A
MARCUM & JULIE RANDALL
Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and stated that the applicant has moved from the site and no longer desires to utilize the site for the use of a home occupation.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
There being on one present wishing to discuss this issue, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved revocation of CUP#88A/6/5-4, which had been approved for the use of a home occupation for prosthetic/orthotic fabrication - Resolution No. 1994-165.
PETITION NO. CUP#94/8/2-2 CUP IN A RICK TUSSING
Mr. Greg Stubbs, Director of Development Regulations Services Division, presented this request and distributed two (2) photographs (County Exhibits A & B) and a map and letter of support (County Exhibit C) for the Board's review. He stated that the applicant had originally pulled a building permit for an agricultural building and, subsequently, converted it into a dog kennel, not realizing that the County had instituted a 200 foot setback requirement from all property lines. He stated that the applicant's home resides on the property. He further stated that staff recommends approval subject to the conditions in the backup to meet the purpose and intent of the Lake County Land Development Regulations. He requested that the Board place an additional condition that this request come back before the Board within one (1) year for review.
Mr. Tim Hoban, Assistant County Attorney, provided clarification to the intent of the Land Development Regulations in regard to setbacks and the exemption of hunting dogs and noted that the next amendment to the LDRs would clarify said intent. He stated that currently the LDRs require a 200 foot setback for everything, with the exception of hunting dogs.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
Mr. Rick Tussing, the applicant, appeared before the Board; at which time the oath was administered by the Deputy Clerk. Mr. Tussing acknowledged that he understood the conditions that
have been placed on this request, and noted that a letter of support (County Exhibit C) had been received this date. He explained that he would be raising dogs to be sold to police agencies.
No one present wished to speak in opposition to this request.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Swartz stated that this request does not meet the 200 foot setback requirements, was inconsistent with the code, and was contrary to the direction of the Animal Control Study Committee with regard to locating kennels/training facilities. He indicated that he would not support this request at this time. He suggested that the Board convey to staff, for future requests for kennels, to consider the direction of the Animal Control Study Committee to recognize that these are not agricultural uses.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board approved a variance from the requirement for a 200 foot setback from all property lines for Petition CUP#94/8/2-2.
Commr. Swartz voted "No".
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP (Conditional Use Permit) in A (Agricultural), as amended; and to include language in the resolution limiting training of the dogs to those of the applicant only, for the operation of a kennel - Resolution No. 1994-166.
Commr. Swartz voted "No".
RECESS AND REASSEMBLY
At 10:55 a.m., the Chairman announced that the Board would recess for fifteen minutes, and reconvene at 11:10 a.m.
SOLID WASTE
Mr. Pete Wahl, County Manager, stated that the Board had requested that staff report on the collection problem regarding solid waste collection in areas with inaccessible roads, and the
costs associated with staffing on a basis similar to the operation of the transfer stations. He noted that a memorandum, dated August 19, 1994, from Mr. Ron Roche, Director of Solid Waste Management Division, had been distributed to the Board prior to the start of the meeting this date.
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board and stated that staff has reviewed several alternatives for the Pine Lakes area for solid waste collection in areas with inaccessible roads, or areas that collection vehicles are damaging the roads. At this time, he discussed four (4) possible alternatives for solid waste collection in areas with inaccessible roads, as follows: 1) Customer would transport their solid waste to the nearest right-of-way that could be accessed by the hauler; 2) placement of a commercial dumpster located within the area, but not located on a major road; 3) placement of a container located in the collection area, with the Pine Lakes area as a pilot program; and 4) use of a non-collection vehicle, such as a pickup truck, which was currently being used in two (2) areas of the County, however, was contrary to the Franchise Agreement.
Mr. Roche discussed the costs associated with a manned center versus a non-manned center, and stated that the use of a central collection point was only a temporary solution for the inaccessible road problem, and that a permanent solution would be to upgrade the roads to a level which would provide accessibility to the hauler.
Commr. Hanson stated that the issues before the Board this date are issues that are on-going and should have been addressed previously. She suggested that the Board activate the Solid Waste Study Committee immediately.
Discussion occurred regarding the formation of the Solid Waste Study Committee and the issues to be addressed by said committee. Commr. Swartz suggested that a letter be sent to the previous Solid Waste Study Committee members requesting their participation on the reorganized Solid Waste Study Committee. At this time, the Board
requested that Commr. Swartz serve as liaison commissioner on the reactivated committee.
Mr. Tim Hoban, Assistant County Attorney, stated that, for the record, Resolution 1993-23 amended Resolution No. 1992-5, to extend the term of operation of the Lake County Solid Waste Study Committee for one (1) additional year. He stated that a new resolution could be drafted to create the same committee.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to authorize staff to draft a resolution establishing and extending the expiration date of the previous Lake County Solid Waste Study Committee to be brought back to the Board for approval; and to authorize Ms. Ava Kronz, Board of County Commissioners Office Manager, to send a letter to those members who previously served on said committee requesting their continued participation.
Commr. Swartz discussed the issues before the Board in regard to solid waste collection and stated that the issue of convenience and availability of drop off stations for those residents that do not have curbside collection requires expanding where it was reasonable to expand the drop off center concept. Discussion occurred regarding the hours of operation currently being used at the existing drop off stations. Commr. Swartz further suggested that the drop off stations be within the frame work of the originally established stations, with some being full service and some being limited service.
Mr. Roche stated that staff was currently working to identify those who are on collection service, those who are not on collection service, and their location. He stated that approximately 6,000 residents have gone from non-service to service, which has resulted in a change in the density aspect.
Commr. Swartz suggested that the Board establish a manned collection center to include security during the hours of operation, and that costs be taken from the Solid Waste Division
Contingency Fund in this year's budget, and in the following year said costs be rolled into a special assessment.
Commr. Hanson requested that the Board make a commitment that the dumpster will remain in the Pine Lakes area as the Board continues to work through the process. She expressed her concern with the hours of operation of the manned drop off center and stated that the centers should be convenient to those who work. She further expressed concern that the County will be setting a precedent when the drop off centers become manned and cautioned that the County not lock itself in to a very expensive operation.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to authorize a supervised drop off location in the Pine Lakes area; to authorize the expenditures necessary to provide security for said drop off location; to provide a schedule convenient to the residents; costs associated with said drop off location be expended from Solid Waste Contingency for the remainder of Fiscal Year 1993/94 and into Fiscal Year 1994/95 with the intent that this and other drop off center costs be a part of a special assessment in the following year; to authorize the dumpster to remain in place; and to authorize fencing and staffing to the drop off center immediately.
Commr. Bailey stated that he would hope that the Solid Waste Study Committee would review the option of non-manned stations.
Commr. Cadwell suggested that the Solid Waste Study Committee also address the residents that are on inaccessible roads that are paying for the dumpster in lieu of a collection fee.
The Chairman called for a vote on the motion, which carried unanimously.
Mr. Donald Sallee, a resident of Pine Lakes, appeared before the Board and noted that the roads in the Pine Lakes area were deteriorating to the point that fire protection vehicles were having difficulty getting down said roads. He stated that eliminating collection vehicles would help to prevent further deterioration of roads in the area.
Ms. June Best, a resident of Pine Lakes, appeared before the Board and stated that the area neighbors provide a cooperative effort to keep the collection area clean, and manning the collection area may be a waste of tax dollars.
Commr. Swartz discussed the use of volunteers at the drop off stations and stated that utilizing volunteers at the Pine Lakes station or other stations in the County may be a way to hold down the costs.
In response to concerns expressed by Mr. Sallee in regard to hazardous waste, Mr. Roche explained that the County was in the process of developing a mobile household hazardous waste program that would be in approximately fifteen (15) areas of the County each month.
ADDENDUM NO. I (CONTINUED)
REPORTS
PLANNING/ZONING
Mr. Steve Richey, Attorney, representing Mr. Joe Hill and Mr. Michael Spradlin, appeared before the Board to discuss the placement of conventional built homes and mobile homes as written in Section 3.02.01 of the Land Development Regulations (LDRs). He stated that he had filed a letter, dated August 10, 1994, with Mr. Paul Bergmann, Senior Director, Planning and Development Services, in regard to the Sunset Addition Subdivision. He stated that Mr. Hill and Mr. Spradlin objected to the placement of a mobile home on Lot 6 in the Sunset Addition Subdivision on Spring Lake Road, and pursuant to his clients' objection, County staff, based on Section 3.02.01, Paragraph C., Lake County Land Development Regulations, performed an evaluation of the housing types; however, rather than do a one-half mile radius, County staff deleted the calculations from the City of Fruitland Park. He noted that the above mentioned provision sets forth language in regard to conventional built homes or mobile homes in zoning districts A (Agricultural) and RA (Ranchette District) that are Lots of Record and determines the type of home that would be allowed. He stated
that his letter, dated August 10, 1994, expressed his objection to said evaluation and noted that his clients have performed an evaluation based on the radius criteria in the LDRs, which resulted in seventy-three (73%) percent being conventional built homes and twenty-seven (27%) percent being mobile homes within the one-half mile radius, as set forth in the LDRs. He stated that the issue was not application of the LDRs, but the application of the formula by which the LDRs are applied, and the issue of housing type and not what was or was not within the corporate limits.
Mr. Joe E. Hill, a resident of Sunset Addition Subdivision, appeared before the Board and presented a video of Sunset Lake and the conventional built homes and the mobile homes along Sunset Lake. He indicated on the video the location of two mobile homes that have been placed on lake front property and the placement of the second mobile home in relation to Sunset Lake. He explained that the first mobile home overlaps the second lot by approximately eight (8) feet, and the second mobile home was two (2) feet from the adjacent property owner. He further stated that the septic tank on the property of the second mobile home was placed too close to the lake and the mobile homes in question were destroying the property values in the area.
At this time, it was noted that a copy of Chapter I, General Provisions, Land Development Regulations; a copy of the plat of Sunset Addition Subdivision; and four (4) photographs of the mobile homes in question had been distributed to the Board for review.
Commr. Cadwell clarified that the issue was whether the mobile homes were legally placed on the property in question, and problems with the process if they were placed on the property legally.
Mr. Richey discussed the plat of Sunset Addition Subdivision, and explained that Mr. Hill's position was that the mobile homes were placed on the property illegally, and they are requesting that the Board require that said mobile homes be removed. He stated that his clients would underwrite the expense of moving the mobile
homes in question and would purchase the property, if the County decided to enforce the rules as they are written.
Mr. Tim Hoban, Assistant County Attorney, explained that the policy in question was codified in the Land Development Regulations dated June 1, 1992.
Commr. Swartz stated that the intent of Section 1.01.01, General Application, and Section 3.02.01, Lot of Record, was to insure that there was consistency, and that it was not the intent of the Lake County Comprehensive Plan or the LDRs that everything stopped at the city limits. He stressed the importance of joint planning areas with cities, and expressed concern that all of the affected parties were not present this date. He requested that the County Attorney's office perform a review of the intent of Section 1.01.01, General Application.
Mr. Hoban explained that the intent of Section 1.01.01, General Applications, was that the County issue building permits only in unincorporated Lake County.
Mr. Richey requested that the Board put the property owner that has placed the second mobile home on notice that there was a problem. He noted that the issues were relating to the high ground water, which was being evaluated by the St. Johns Water Management District; set backs; and the encroachment of the property line.
Mr. Ed Steck, a new resident of Sunset Addition Subdivision, appeared before the Board and stated that he contacted the County in February 1994 in regard to putting a manufactured home on his property, at which time staff indicated that a manufactured home would not be allowed on less than a five (5) acre parcel. He stated that the environmental surveyors have indicated that the foundation of the mobile home in question was within the "mean high water line" and that the septic tank was within the flood zone.
Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to authorize the County Attorney's office to research the interpretation of Section 3.02.01, Paragraph C., Land Development Regulations; to provide notification to the property
owners of this issue; and to schedule appropriate advertising, if deemed necessary.
Mr. Hoban stated that the County Attorney's office would have available an interpretation of Section 3.01.01, Paragraph C. at the September 6, 1994 Board meeting.
Commr. Swartz clarified that the issues before the Board were the location of the structures as they relate to the property lines, the high water line, and the septic tank locations, which could be reviewed by staff within the framework of the existing code; and the placement of the mobile homes in the location as relates to Section 3.02.01 and Section 1.0101, Land Development Regulations. He stated that the direction was to follow the code.
The Chairman called for a vote on the motion, which carried unanimously.
COUNTY MANAGER'S CONSENT AGENDA
OFFICE OF PURCHASING
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the following request:
Accounts Allowed/Purchasing/Bids/Sheriff's Office
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 sources; approve and execute contracts and encumber funds, as follows:
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber funds.
DIVISION AMOUNT
1) SHERIFF'S OFFICE $200.00/MO.
$7,200.00/3 YRS.
Authorize Chairman to sign Amendment and Encumber Funds for a three year lease agreement between Lake County and Dip-A-Dee Donuts for warehouse storage space for the Sheriff's Office. Terms of this agreement from June 18, 1994 through June 17, 1997.
REPORTS
County Attorney
Mr. Tim Hoban, Assistant County Attorney, informed the Board of a possible agreement between Lake County and Phoenix Construction, Inc. in regard to the Umatilla landfill. He stated
that Phoenix Construction was requesting authorization to work twelve (12) hours a day, seven (7) days a week, with construction to tentatively begin on October 31, 1994. He expressed concern that the Board may receive opposition from the neighboring residents with the proposed work schedule.
At this time, Mr. Hoban was directed to notify the residents in the area of the landfill that construction was schedule to tentatively begin on October 31, 1994 by Phoenix Construction.
County Manager
Mr. Pete Wahl, County Manager, presented this request.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the amendment to the scope of services of the existing agreement with Reynolds, Smith, and Hills, Inc. for contract services for preparation of the Comprehensive Impact Fee Study Update, in an amount not to exceed $6,000.00.
Commissioner Cadwell - District No. 5
Commr. Cadwell brought up for discussion the implementation of a comprehensive Impact Fee Policy and suggested that the Board make a formal request to the Lake County School Board to appear before the Board of County Commissioners and provide input on the Impact Fee Study. He further suggested that the Board consider an implementation date of January 1, 1995 for an Impact Fee Policy, and consider an Impact Fee Deferment Policy for commercial property.
Commr. Cadwell made a motion, which was seconded by Commr. Swartz, to direct staff to prepare drafts of Impact Fee Deferment Policies; and to authorize a formal request to the Lake County School Board to provide input on the Impact Fee Study.
Commr. Swartz requested that the Impact Fee Deferment Policies include a stipulation that guarantees that the impact fee would be paid.
Commr. Cadwell requested that staff meet with the Board members individually for the purpose of incorporating the Board's ideas, and that the Impact Fee Deferment Policy becomes effective at the time that the Impact Fee Policy becomes effective.
The Chairman called for a vote on the motion, which was carried unanimously.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
Commissioner Hanson - District No. 4
Committees
Commr. Hanson brought up for discussion consideration of a request to the Charter Government Study Committee to formulate a report to include recommendations for change within Lake County government. She stated that one of the reasons that she voted against the formation of a Charter Commission was that the Board has the option to modify what was currently in place through the ordinance process. She suggested that Commr. Gerber ask the Charter Government Study Committee to look at areas of improvement that could be address by the Board without a charter form of government.
Commr. Gerber stated that the Charter Government Study Committee's purpose was to determine whether the charter decision should go to referendum, and by what means that should happen. She noted that the Study Committee did not look at in depth issues due to the activity of the Kitchen Cabinet that was in place at the time. She stated that she would prepare a letter to the Charter Government Study Committee members in regard to the Study Committee's participation in the formulation of a report to include recommendations for change for possible implementation by the Board.
Meetings/Municipalities
Commr. Hanson stated that the Clermont Chamber of Commerce has requested that the Board hold a special meeting on the Palatlakaha
River Park. It was the decision of the Board to deny the request from the Clermont Chamber of Commerce.
Commr. Cadwell requested that staff prepare a letter to the Clermont Chamber of Commerce articulating the reasons for not holding a special meeting on the Palatlakaha River Park.
RECESS AND REASSEMBLY
At 12:45 p.m., the Chairman announced that the Board would recess and reconvene at 5:00 p.m. for a public hearing on the Fire Assessments for the Towns of Astatula and Howey-in-the-Hills.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)
PUBLIC HEARINGS
ASSESSMENTS/FIRE PROTECTION/MUNICIPALITIES
Commr. Hanson announced that the time had arrived for the public hearing on the Fire Assessments for unincorporated Lake County, Town of Lady Lake, City of Minneola, Town of Astatula and Town of Howey-in-the-Hills.
Mr. Pete Wahl, County Manager, explained that the purpose of the public hearing this date was to assure that the public hearing had been properly advertised and that the affected property owners in the Town of Astatula and the Town of Howey-in-the-Hills had been properly notified. He noted that there was no change in the rate, as originally adopted.
At this time, Commr. Hanson opened the public hearing portion of the meeting.
No one present wished to speak in opposition to this request.
There being no one present wishing to discuss this request, 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 Resolution No. 1994-170 adopting the Fire Protection and Rescue Services non-ad valorem rate schedule, and the non-ad valorem assessment roll for unincorporated Lake County, Town of Lady Lake, City of Minneola, Town of Howey-in-the-Hills, and Town of Astatula; subject to final review and approval by the County Attorney.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:15 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
msf\8-23-94\8-29-94