The Lake County Board of County Commissioners met in regular session on Tuesday, June 1, 1999, 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: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
The Chairman noted that there was a published Addendum No. 1 to the Agenda.
Ms. Sue Whittle, County Manager, informed the Board that Tab 19, a presentation by the St. Johns River Water Management District, regarding the Draft Water 20/20 Supply Management Plan, was being rescheduled for July 6, 1999, at 10:00 a.m.
MINUTES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 20, 1999 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 27, 1999 (Regular Meeting), as presented.
On a motion by Commr. Hanson , seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of May 4, 1999 (Regular Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds-Contractor
Request for approval of Contractor Bonds - New and Rider, as follows:
NEW
4365-99 Bernard David Duncan d/b/a Dulando Screen & Awning, Inc.
5304-99 Donald M. Smith d/b/a Kenneth W. Soday & Company
5518-99 Robert Russell Rydberg d/b/a Robert Rydberg Builders
5698-99 Lawrence C. Smith d/b/a LCS Electric, Inc.
5699-99 Chris Palmer d/b/a Palmer Pools Corporation
5700-99 Phillip LaBonte d/b/a LaBonte Carpentry
5701-99 Douglas Griffin (Roofing)
RIDER
5702-99 Changing Principal's name from Edward C. Waters to Edward Clark Waters
Accounts Allowed
Request for approval of Satisfaction and Release of Fine, as follows, and authorized proper signatures on same:
Reduction of Order of Fine for Douglas F. and Tammie L. Van Sant, in the amount of $100.00, dated April 19, 1999, recorded in Official Records Book 1710, Pages 899 and 900. Judgment-Creditor acknowledges receipt of $100.00 as payment in full of said Judgment and directs that said Judgment be canceled of record.
Accounts Allowed/State Agencies
Request for approval of Satisfaction of Judgment for State of Florida vs. Bill Bob Wills, in the amount of $250.00, Case No. 99-73-CFA-MH, and authorized proper signatures on same.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 1999, in the amount of $143,583.14. Same period, last year: $167,465.44.
Accounts Allowed/Reports
Request to acknowledge receipt of 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 Board Support Division of the Clerk's Office.
Public Health/Reports/State Agencies
Request to acknowledge receipt of Report of Activities and Expenditures of Lake County Health Department, for period ending March 31, 1999, as required by Chapter 154, Florida Statutes; and contract between Department of Health and Rehabilitative Services and Lake County.
Florida Public Service Commission/Meetings/Utilities
Request to acknowledge receipt of Commission Conference Agenda from the Florida Public Service Commission, dated May 7, 1999, indicating that a Conference is scheduled to be held May 18, 1999, at 9:30 a.m., in Room 148, Betty Easley Conference Center, regarding the following dockets:
Docket No. 990223-TP - Request for review of proposed numbering plan relief for the 941 area code.
Docket No. 990184-TL - Investigation into boundary issues in south Sarasota and north Charlotte Counties (Englewood area).
Docket No. 981941-TL - Investigation into telephone exchange boundary issues in South Polk County (Fort Meade area).
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 99-06, from the City of Eustis, initiated by the property owners, annexing into the corporate limits of the City of Eustis, Florida, .224 acres of land, being the La Villita Beauty Salon property at 55 West Ardice Avenue, on the north side of Ardice Avenue, west of Bay Street; subject to the Lake County Land Use Map designation of "Urban", pursuant to Florida Statute 171.062; providing for limitations and certain conditions; amending the future land use map, pursuant to Florida Statute 163.3187; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication by posting according to the law. Passed, ordained, and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 6th day of May, 1999.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Community Services/Public Housing
Request from Community Services for approval and signature on HUD Form 50071, Certification of Payments to Influence Federal Transaction, and Form SF-LLL, Disclosure of Lobbying Activities.
Community Services/Libraries
Request from Community Services for approval of the Lake County Library System Information Technology Plan for 1999-2000.
Community Services/Grants/Sheriff's Office
Request from Community Services for approval of Anti-Drug Abuse Grant; Drug Control and System Improvement Formula Funds grant applications, matched as indicated by the Lake County Sheriff's Office; and signature authorization for the two grants and related documents, including EEO certifications.
Community Services/Grants
Request from Community Services for authorization for the Chairman to sign the required letter of support for local allocation recommendations of Drug Control and System Improvement Formula funds, under the Edward Byrne Anti-Drug Abuse Grant.
Accounts Allowed/Contracts, Leases and Agreements/Economic Development/Grants
Request from Economic Development for approval of Jobs Growth Investment Trust Fund Agreement and Agreement to Defer Impact Fees between Lake County and Florida North Trucking, Inc., in an amount not to exceed $48,000.00.
Accounts Allowed/Contracts, Leases and Agreements/County Property
Economic Development
Request from Economic Development for approval of Real Estate Purchase and Sales Agreement to purchase approximately eleven acres in Christopher C. Ford Industrial Park, between Lake County and Living Color Enterprises, Inc., in the amount of $35,000.00 per acre, for a total price of $383,600.00.
Accounts Allowed/Contracts, Leases and Agreements/Economic Development
Request from Economic Development for approval of Real Estate Purchase and Sales Agreement to purchase six acres in Christopher C. Ford Industrial Park, between Lake County and Scannell Properties #20 L.L.C., in the amount of $35,000.00 per acre, for a total price of $210,000.00.
Accounts Allowed/Budgets/Fiscal and Administrative Services/Resolutions
Sheriff's Office
Request from Fiscal and Administrative Services - Budget, for approval of the following:
Request from the Sheriff for reimbursement from the Law Enforcement Trust Fund for two NightSun searchlight systems that exceed the County Manager's approval limit of $25,000.00. The total payment is for $30,140.00.
Resolution No. 1999-100, to receive unanticipated revenue from the City of Minneola, for contractual services with the Sheriff's Office for police protection, in the amount of $10,260.00.
Resolution No. 1999-101, to receive unanticipated revenue from the Lake County School Board, in the amount of $15,000.00, and Very Special Arts Florida, in the amount of $3,000.00, to assist in funding special projects associated with the Cultural Arts Council.
Resolution No. 1999-102, to receive unanticipated revenue from the Federal Emergency Management Agency, in the amount of $46,427.00, for reimbursement of costs associated with excessive leachate disposal during FY 98; and approval to expend the funds, on the completion of the Solid Waste Composition Study and Commercial Solid Waste Generation Rate Study.
Resolution No. 1999-103, to receive unanticipated revenue from the Florida Department of Law Enforcement, in the amount of $54,108.00, for reimbursement of costs associated with the search of Kayla McKean, during November 1998.
Accounts Allowed/Budgets/Budget Transfers/Fiscal and Administrative Services
Facilities and Capital Improvements/Grants/Municipalities
Request from Fiscal and Administrative Services - Budget for approval of budget transfer from the General Fund (Boating Improvement Funds), Special Reserve, in the amount of $37,500.00, to Facilities and Capital Improvements, Grants and Aids, for the Clermont Boating Improvement Project that should have been a rebudget in FY 98, but was inadvertently omitted.
County Employees/Personnel
Request from Personnel for approval and execution of Certificates for employees with one and three years of service to the County.
Assessments/Public Works
Request from Public Works for approval and authorization for the Chairman to execute Satisfaction of Liens for road assessments, as follows:
Assess. # Name Date Paid
685054 Waldo M. Wattles 04/28/99
685055 Waldo M. Wattles 04/28/99
687004 Donald and Virginia Hollis 04/07/99
776127 Jeannette Rybicki 04/30/99
Deeds/Public Works/Rights-of-Way, Roads and Easements/Roads-County and State
Request from Public Works for approval to accept the following deeds:
Non-Exclusive Easement Deed
C. E. Smoak, Jr. and Honey Jean Smoak
Grassy Lake Road (2-1846)
Road Project
Statutory Warranty Deeds
Joseph P. and Janice Lassandrello
Griffin Avenue (5-7807)
MLS 98-0080
Thomas L. Bowden
Keene Road (5-8165)
Road Project
Temporary Non-Exclusive Easement Deed
The District Board of Trustees of Lake-Sumter Community College
N. Hancock Road (2-1354)
Road Project
Public Works/Roads-County and State
Request from Public Works for approval to accept a Maintenance Map, for that portion of Royal Trails Road (4-7997), at the intersection of SR 44, generally located in the Pine Lakes area.
Contracts, Leases and Agreements/Public Works
Request from Public Works for approval and signature on the Local Mitigation Strategy Contract Modification No. 2, to extend the due date for the third period deliverables from April 30 to August 31, 1999.
Accounts Allowed/Budgets/Public Works
Request from Public Works for approval and signature on the Anthropod Work Plan Budget for FY 1999-2000, with matching State funds anticipated to be received, in the amount of $34,328.00.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
COUNTY EMPLOYEES/HUMAN RESOURCES/PERSONNEL
The Chairman presented Employee Awards, as follows:
Plaque to Employees with Five Years of Service to the County
John E. Kruse, Environmental Specialist II, Growth Management/Water Resources
Barbara Schamel, Assessment Specialist II, Public Works/Special Services
Director's Office
Plaque to Employee with Fifteen Years of Service to the County
Clarence Archie, Maintenance Worker I Clerk, Facilities and Capital Improvements/Facilities Management - Parks
Plaque and Bond to "Employee of the Quarter" Second Quarter (January, February and March)
Claudette M. Gurley, Staff Assistant, Public Works/Special Services/Director's Office
LAKE COUNTY BOARDS AND COMMITTEES AWARDS
The Chairman presented Lake County Boards and Committees Awards, as follows:
PRESENTATION OF PLAQUES
Bicycle/Pedestrian Advisory Committee
Lloyd Hlavac - 1993 to 1999
Fred Michels - 1993 to 1999 (Not Present)
Board of Building Examiners
Monty Ray Gatch - 1991 to 1999
Parks and Recreation Advisory Board
Stephen M. Day - 1994 to 1999 (Not Present)
Debbie Stivender - 1991 to 1999
Margo Messina - 1995 to 1999
PRESENTATION OF CERTIFICATES
Affordable Housing Advisory Committee
Daryl Cooper - 1997 to 1999
Bicycle/Pedestrian Advisory Committee
Lori Webb-Paris - 1995 to 1999 (Not Present)
Comprehensive Health Care Committee
Kelly Pettijohn - 1998 to 1999 (Not Present)
Cultural Affairs Council
Susan Weinstock - 1996 to 1998
Fire Rescue Advisory Board
Henry Wolsmann - 1995 to 1999
Industrial Development Authority
Tom Chapman - 1997 to 1999 (Not Present)
Leon Bibb - 1998 to 1999
Planning and Zoning Commission
Frank A. Stivender - 1994 to 1999 (Not Present)
Transportation Disadvantaged Coordinating Board
Mary Williamson - 1996 to 1999
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
MUNICIPALITIES/RESOLUTIONS
A Proclamation for Municipal Recycler of the Year was presented to the City of Eustis, designating the City as Municipal Recycler of the Year, at which time various city officials, volunteers, members of the Eustis Chamber of Commerce, and representatives from the Lake County Solid Waste Study Committee were recognized.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES/GRANTS
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that it was a request for approval of the application for the Office of Juvenile Justice and Delinquency Prevention Safe Start Demonstration Project Grant, which he noted is aimed at helping children ages 0 to 6, who have been exposed to violence, either through being a victim, or through a domestic violence situation in their home. He stated that the Federal Government plans to approve 12 projects this year and is looking at communities that have the ability to bring together a coalition of different agencies, to address the problem of violence with youth, which he noted the Lake County Citizens' Commission for Children has demonstrated a great ability to do. He stated that this project will entail five and a half years, with funding up to $670,000.00 each year. He noted, however, that depending on the types of programs, it may not be that much. He stated that the County will have nine months to develop and implement a plan. He stated that he felt this was a great opportunity for the County to work with children who have been exposed to violence and, hopefully, prevent some of the bad things that have happened to them from happening again.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and signature on the grant application for the Office of Juvenile Justice and Delinquency Prevention Safe Start Demonstration Project.
COMMUNITY SERVICES/PUBLIC HEALTH/RESOLUTIONS
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that the Health Department is in the process of working with Lake County Public Health, regarding the issue of fees to be charged by the Lake County Health Department, Environmental Health Section, for the administration of construction of water wells less than six inches in diameter within the geographical boundaries of the County.
Mr. Russ Melling, Environmental Health Director, addressed the Board stating that his department has been working on this issue for approximately two years and are in final negotiations with the St. Johns River Water Management District on the well permitting delegation agreement. He stated that part of that agreement is approval of a resolution that allows them to collect fees, as well as address the issue of enforcement. He stated that double fees will be charged for late permits, or no permits, and they will have the ability to hold the Certificate of Occupancy, if the work has not been done correctly.
Commr. Hanson stated that she appreciated Mr. Melling's work, regarding this matter. She stated that having the Health Department be responsible for the fee schedule was the way she envisioned the problem being handled. She stated that well drillers initiated this request, along with the Health Department and the St. Johns River Water Management District, which she noted is how she got involved in the matter, when they approached her requesting some type of regulation for wells less than six inches. She stated that the plan may not be a perfect one; but, she felt it was a step in the right direction.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of Resolution No. 1999-104, relating to fees to be charged by the Lake County Health Department, Environmental Health Section, for the administration of construction of water wells less than six inches in diameter within the geographical boundaries of Lake County, Florida, except potable wells within a Chapter 62-524, F.A.C. Delineated Area.
ACCOUNTS ALLOWED/ASSESSMENTS/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste, addressed the Board and explained this request, stating that it was a request for authorization for Glace and Radcliffe, Inc., Consulting Engineers, to proceed with the Lake County Commercial Solid Waste Generation Study; and authorization for the transfer and expenditure of the funds necessary to do said study. He stated that the purpose of the study is to provide for a more equitable method of distributing the costs for the Solid Waste Management System among the residents of Lake County. He stated that the County has to have representative samplings from identified business categories, which will be recorded and analyzed, to determine the amount of waste generated in the commercial sector. He stated that the County does not have said data and discussed how it would obtain same.
Mr. Post stated that the County currently does residential audits and noted that it will do a commercial route audit, as well. He stated that the consultants will prepare a waste assessment for non-residential users' residential generation rates, using existing generation rates, or what the County currently has. He stated that there will be a comparison of new rates to previous estimates and that the County will use composition study data to identify waste that produces higher BTUs, draft results for the County's review, and have a final review. He stated that the costs for this process is not to exceed $59,654.00, however, noted that staff feels the costs may be a little less than that. He stated that statistical data will be utilized, to determine system costs, which will be recovered through a Commercial Solid Waste Assessment, and to establish Commercial Assessment Rates, to offset those identified costs.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for authorization for Glace and Radcliffe, Inc., Consulting Engineers, to proceed with the Lake County Commercial Solid Waste Generation Study; and authorization for the transfer and expenditure of the funds necessary to do said study, in an amount not to exceed $59,654.00.
ACCOUNTS ALLOWED/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste, addressed the Board and explained this request, stating that it was a request for authorization for Glace and Radcliffe, Inc., Consulting Engineers, to proceed with Task 1 of the Lake County Residential Waste Composition Study; and authorization for the transfer and expenditure of the funds necessary to do said study. He stated that the Florida Statutes require that composition studies be performed by the counties within the State of Florida and noted that Lake County is due to perform its Composition Study. He stated that the University of Central Florida has come up with methodology that is being utilized by the Center for Solid and Hazardous Waste on the categories for solid and hazardous waste identification within the residential stream, which he reviewed with the Board.
Mr. Post stated that county employees will actually be doing the sifting through of the garbage and the weigh-in, therefore, will all have to have the proper cover garments and appropriate materials for the hands, to protect any exposure to secondary garbage. He stated that the field sampling plan will describe the sampling methods to be used, size of samples to be taken, crew sizes and roles, and the waste types that the samples will be sorted into. He stated that the County team will be responsible for site setup, sampling, sorting, weighing and recording of sample information on the sample forms, and will perform the cleanup. The consultant will enter the data, analyze it, and provide the sample calculations necessary to complete the study. He stated that the information will provide the basis for affirming current practices, or modifying solid waste management methods, to meet the needs of Lake County, with a cost not to exceed $22,828.00, however, noted that staff feels the costs will be less than that. He stated that this is a requirement that has to be done periodically, as required by the State, and is one of those studies that staff feels is going to be very important. He stated that the County is meeting the tonnage requirements at the waste-to-energy plant and noted that staff will bring a presentation back to the Board, at a later date, to decide what future materials to remove from the waste stream. He stated that the County needs to identify how much of that tonnage is available. He stated that, as the County increases its recycling program, it has to know which commodity to go after and what the impact would then be, if that is removed from the solid waste stream. He stated that this information should be able to provide the County with that data.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for authorization for Glace and Radcliffe, Inc., Consulting Engineers, to proceed with Task 1 of the Lake County Residential Waste Composition Study; and authorization for the transfer and expenditure of the funds necessary to do said study, in an amount not to exceed $22,828.00.
LAWS AND LEGISLATION/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste, addressed the Board and explained this request, stating that it was a request for discussion and approval for the Chairman to send a letter to the County's Representatives, Ms. Corrine Brown and Mr. Cliff Stearns, urging them to support H.R.1190, an interstate waste bill that also includes waste flow control. He stated that the National Association of Counties (NACo) is asking the counties to send letters to their local representatives and request their support of this Bill. He stated that the Bill would give a state authority to override a local government's approval of acceptance of out-of-state waste and their local host fees would be required to be paid by the private landfill, unless the local government waived them. He stated that a $3 per ton fee, for safety related programs, would also be required and, if total imports to the state is one million tons, import levels could be frozen at the 1998 levels. He stated that this would have no effect on Lake County, he just wanted to make the Board aware of same. He noted that staff was recommending support of the Bill.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for approval for the Chairman to send a letter to Lake County's Representatives urging them to support H.R. 1190, an interstate waste bill that also includes waste flow control.
The Chairman informed Mr. Post that the effort and energy that was put into the Recycler of the Year award was greatly appreciated. He stated that that was the type of thing the County needs to be doing.
Mr. Post stated that staff was very proud of the presentation and that they appreciated the Board's support in the matter.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
BONDS-MOBILE HOME/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that staff was very concerned about the welfare of a couple that had requested a permit from the County for a replacement mobile home that they had purchased from a licensed contractor, only to find that they were in an R-6 zoning district. She stated that they live near the Molokai Mobile Home Park; therefore, if staff did a mobile home count, it would pass. She requested approval from the Board to issue the couple the needed permit and to do a county initiated rezoning in July or August of this year.
Mr. Sandy Minkoff, County Attorney, interjected that the County had done this sort of thing once before. He stated that it would have to be an at-risk permit, noting that, due to the fact that it is a quasi-judicial rezoning, the rezoning may not pass, in which case the mobile home would have to be removed. He stated that, with regard to the previous situation, the Board required the individual to sign a statement stating that, if the rezoning was not approved, they would have to remove their mobile home.
Staff was asked whether the couple had been informed of said fact. It was noted that they had not.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval and authorization to issue a permit for a replacement mobile home, located in the north � of Section 24, Township 19, Range 25; and to process a county initiated rezoning in July or August of this year, with staff advising the couple in question that they must sign a statement stating that, if the rezoning is not approved, their mobile home will have to be removed.
Commr. Swartz informed Ms. Farrell, Senior Director, Growth Management, that he was pleased to see the very positive news article about Mr. Dale Greiner, Building Services Director, and the Lake County Building Department.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed the following individuals to vacant positions on the Bicycle/Pedestrian Advisory Committee:
Deputy Brad Lewis
Mr. James W. Kline
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that it was a request for approval of some interlocal agreements with various cities in the County, regarding the annexation of enclaves. He stated that the agreement requires that a public hearing be held by the various cities and that the people living within the enclaves being annexed be properly notified.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and signature on Interlocal Agreements between Lake County and the City of Tavares, the City of Fruitland Park, the Town of Howey-in-the-Hills, and the Town of Montverde, relating to the annexation of enclaves.
REPORTS
COUNTY ATTORNEY
COMMITTEES/ORDINANCES
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request,
stating that it was a request for approval to advertise an ordinance increasing the membership of the Board of Adjustment from five to seven - one from each County Commissioner's district and two at-large members. He stated that, due to said change and required staggered membership changes, the terms will now be four years. He stated that the terms are set so that Commission Districts 1, 3, and 5 will expire on January 31, 2001, and Districts 2 and 4 will expire January 31, 2003; therefore, a newly elected Commissioner can appoint their own person. He stated that it also provides that current members continue to serve until their terms expire in April of 2000, at which time the Board will appoint an individual from each district to serve.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an ordinance amending Chapter XIII, Section 13.03.02(A), Lake County Code, to change the membership of the Board of Adjustment; and to amend Section 13.03.02(E), with regard to the Board of Adjustment quorum provision.
REPORTS
COUNTY ATTORNEY
COMMITTEES/ORDINANCES
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request,
stating that it was a request for approval to advertise an ordinance changing the expiration dates for the Planning and Zoning Commission, so that Districts 1, 3 and 5 will expire on January 1, 2001 and Districts 2 and 4 will expire on January 31, 2003; therefore, a newly elected Commissioner can appoint their own person. He stated that it provides for four year terms, so there will always be staggered members. He stated that it also provides that current members serve until their terms expire.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance amending Chapter XIII, Section 13.03.02(B), of the Lake County Code, to increase the terms of the members serving on the Planning and Zoning Commission.
REPORTS
COUNTY ATTORNEY
GROWTH MANAGEMENT/ORDINANCES
Mr. Sandy Minkoff, County Attorney, informed the Board that, due to an issue with the advertising of the Off-Site and On-Site Sign Ordinances, the public hearings that will be held this date regarding same, at 5:05 p.m., will be the first reading of the Ordinances, rather than the second and final reading, as originally scheduled. The final reading will be held June 15, 1999, at 9:00 a.m. He stated that, due to the fact that the On-Site Sign Ordinance was adopted March 9, 1999, staff was taking the position that it has been lawfully enacted and the County will just be reenacting it.
It was noted that, because it is a public hearing, if the public wishes to address any issues regarding the Ordinance, the Board will have to hear said comments, or, if the Board wishes to change any aspect of the Ordinance, it can do so.
REPORTS
COUNTY MANAGER
MEETINGS/STATE AGENCIES
Ms. Sue Whittle, County Manager, addressed the Board and informed them of the following For Your Information Item: A Public Workshop of the Florida Department of Environmental Protection is scheduled to be held on Tuesday, June 8, 1999, at 7:00 p.m., at the Mascotte Civic Center, for the purpose of presenting the management plan for the General James A. Van Fleet State Trail. She stated that she was announcing the workshop, as required by the Florida Statutes.
REPORTS
COMMISSIONER'S BUSINESS
RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-105, declaring June as Safety Month in Lake County.
ADDENDUM NO. 1
REPORTS
COMMISSIONER SWARTZ - DISTRICT 3
APPOINTMENTS-RESIGNATIONS
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Mr. Alvin B. Jackson, Jr. to the Lake Community Action Agency, to serve as an alternate in Commissioner's Swartz' absence.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-106, supporting the USA Triathlon World Championship Qualifier, to be held in Clermont June 5, 1999.
CITIZEN QUESTION AND COMMENT PERIOD (CONT'D.)
Ms. Kathy Wegner, a local resident, addressed the Board stating that Pet News is a free monthly pet adoption newspaper that focuses on non-profit organizations, to help get homeless animals out of shelters and adopted into homes. She requested the Board's support in said project, by sponsoring the advertising of at least one animal in Pet News, at a cost of $80.00 per month, for a three month period. She noted that, because of the ad, it is likely that the animal being advertised will be adopted, plus five more animals.
It was noted that staff would look into the request and bring a recommendation back to the Board at a later date.
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
COMMISSIONERS
Commr. Cadwell thanked Commr. Hanson for representing him Memorial Day, at a ceremony that was held at McTureous Park.
RECESS AND REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess until 5:05 p.m., for the Public Hearings regarding the Animal Control, Off-Site Signs, On-Site Signs, and Landscape Requirements Ordinances.
PUBLIC HEARING
ANIMAL CONTROL ORDINANCE
ORDINANCES/EMERGENCY MANAGEMENT SERVICES
Mr. Sandy Minkoff, County Attorney, placed the proposed Animal Control Ordinance on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO SIGNIFICANT AMENDMENT TO CHAPTER 4, ANIMALS, LAKE COUNTY CODE; CHAPTER 4, LAKE COUNTY CODE IS RESTATED IN ITS ENTIRETY; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE I, IN GENERAL, TO BE RENAMED ARTICLE I, ADMINISTRATION, CONSISTING OF SECTIONS 4-1 THROUGH 4-30; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-1, PURPOSE AND INTENT; SECTION 4-2, SCOPE; SECTION 4-3 DEFINITIONS; SECTION 4-4, DUTY OF ANIMAL CONTROL OFFICIAL GENERALLY; SECTION 4-5, COUNTY MANAGER AUTHORIZED TO ADOPT PROCEDURES TO IMPLEMENT THIS CHAPTER OF THE LAKE COUNTY CODE; SECTION 4-6 ENTRY POWER OF EMPLOYEES; SECTION 4-7, UNLAWFUL INTERFERENCE WITH ANIMAL CONTROL OFFICER; SECTION 4-8, VIOLATIONS AND ENFORCEMENT; SECTION 4-9, ADMINISTRATIVE FEES; SECTION 4-10 THROUGH 4-30 RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE II, ADMINISTRATION AND ENFORCEMENT, TO BE RENAMED ARTICLE II, IN GENERAL, CONSISTING OF SECTIONS 4-31 THROUGH 4-60; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-31, DANGEROUS DOGS; SECTION 4-32, ATTACK OR BITE BY DANGEROUS DOG, PENALTIES, CONFISCATION; SECTION 4-33, CONFINEMENT OF DANGEROUS ANIMALS; SECTION 4-34, DISPOSAL OF DANGEROUS ANIMALS FOUND AT-LARGE; SECTION 4-35, DISPOSAL OF DANGEROUS ANIMALS NOT AT-LARGE; SECTION 4-36, URINATING AND DEFECATING; SECTION 4-37, NOISY ANIMALS; SECTION 4-38, INJURY TO PERSONS, ANIMALS AND/OR PROPERTY; SECTION 4-39, ODORS; SECTION 4-40, FEMALE DOGS AND CATS IN HEAT; SECTION 4-41, DUTY TO KEEP ANIMAL UNDER RESTRAINT WHILE ON OWN PROPERTY; SECTION 4-42, DUTY TO KEEP ANIMAL UNDER RESTRAINT WHILE OFF PROPERTY; SECTION 4-43, WILDLIFE HYBRIDS PROHIBITED; SECTION 4-44, DISPOSITION OF DEAD ANIMALS; SECTIONS 4-45 THROUGH 4-60, RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY, CODE CHAPTER 4, ARTICLE III, LICENSES AND VACCINATION, TO BE RENAMED ARTICLE III, RABIES SUSCEPTIBLE ANIMALS, CONSISTING OF SECTIONS 4-61 THROUGH 4-79; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-61, REPORTING AND CONFINEMENT OF RABIES-SUSCEPTIBLE ANIMALS WHICH HAVE BITTEN PEOPLE OR APPEAR TO HAVE RABIES; SECTION 4-62, TREATMENT OR DESTRUCTION OF INFECTED OR INJURED ANIMALS; SECTION 4-63, IMPOUNDMENT, QUARANTINE WHEN SUSPECTED OF HAVING RABIES; SECTION 4-64, VACCINATION REQUIRED; SECTION 4-65, CERTIFICATES AND TAGS; SECTION 4-66, TAG FEES; SECTIONS 4-67 THROUGH 4-79, RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE IV, ANIMAL CARE, CRUELTY, ETC., TO BE RENAMED ARTICLE IV, CARE AND HOUSING OF ANIMALS, CONSISTING OF SECTIONS 4-80 THROUGH 4-94; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-80, HOUSING AND CARE OF ANIMALS; SECTION 4-81, ANIMAL CRUELTY OR NEGLECT; SECTION 4-82, ANIMALS FOUND IN DISTRESS, WHEN AGENT MAY TAKE CHARGE, HEARING, DISPOSITION, SALE; SECTION 4-83, CONFINEMENT OF ANIMAL IN VEHICLE; SECTIONS 4-84 THROUGH 4-94, RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE V, RESERVED, TO BE RENAMED ARTICLE V, ANIMAL SHELTER, CONSISTING OF SECTIONS 4-95 THROUGH 4-115; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-95 CONSTRUCTION, MAINTENANCE AND USE OF ANIMAL SHELTER; SECTION 4-96, IMPOUNDMENT OF ANIMALS, COMPULSORY STERILIZATION; SECTION 4-97, SEIZURE OF ANIMALS ON COURT ORDER, DISPOSITION OF IMPOUNDED ANIMALS; SECTION 4-98, SURRENDER OF ANIMALS; SECTIONS 4-99 THROUGH 4-115, RESERVED; PROVIDING FOR AMENDMENT TO CHAPTER II, DEFINITIONS, LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE REGARDING KENNELS AND CATTERYS; PROVIDING FOR AMENDMENT TO SECTION 3.01.04(18), KENNEL OR CATTERY, LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO SECTION 3.01.02(B)(5), KENNEL, LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE; CREATING SECTION 3.02.05(J), LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE REGARDING KENNELS AND CATTERYS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Tad Stone, Senior Director, Emergency Management Services, addressed the Board stating that he needed to make a correction in the Ordinance. He referred to Page 30, Line 17, noting that the word County should be changed to rabies.
The Chairman opened the public hearing.
Ms. Tammy Frank von Frankenstein, a local resident, addressed the Board and referred to Page 26, Section 4-42 - Duty to Keep Animal Under Restraint While Off Property, Paragraph 2, which states that an animal is deemed to be under restraint and control when it is caged or cross tethered in the open bed of a pick-up truck. She questioned whether, if anyone is behind an open bed truck and sees a dog that is not tethered, they could report the tag number to Animal Control and, through cross-referencing with the Sheriff's Department, obtain an address and have a copy of the Ordinance sent to the individual notifying them that the animal needs to be tethered or caged and that, if they are reported again, they will be issued a citation.
Commr. Cadwell stated that he felt that could probably be handled by policy, as opposed to it being a part of the Ordinance. He stated that staff could contact the Sheriff's Office, to see what suggestions they might offer, for handling the situation.
Ms. Frank von Frankenstein referred to Page 27 of the Ordinance, Section 4-44 - Disposition of Dead Animals, stating that language needed to be inserted in the Ordinance that states, when an animal dies on public or private property, it shall ultimately be the responsibility of the owner of said animal or, secondly, the owner of said property to dispose of the animal, with a footnote stating, "unless size of animal makes it impossible".
Commr. Cadwell noted that the Ordinance states that, if the owner of the animal cannot dispose of it and the property owner does not do it, then the County will do it.
Mr. Minkoff, County Attorney, interjected that the Ordinance states, under Section 4-44, Paragraph1(a) that, if a dead animal is found on public property and the owner of the animal fails to dispose of it, the County will remove the animal and dispose of it and charge the costs for doing so to the owner of the animal, if the owner is known. He stated that, if the animal is found on private property and the owner of the animal, or the owner of the property, fails to dispose of it, the County will remove and dispose of the animal and charge the costs for doing so to the owner of the animal, if known, and if not known, then to the owner of the property.
Mr. Minkoff, County Attorney, informed the Board, for informational purposes, that the blank space, on Page 27 of the Ordinance, will contain the date of this meeting, being June 1, 1999.
Ms. Frank von Frankenstein referred to Page 33, Section 4-80 - Housing and Care of Animals, Paragraph 2, noting that it states housing facilities for animals shall be structurally sound; however, she feels that it also needs to state that one should be required to meet locally adopted building codes and land development regulations. She stated that she did not feel everyone that is building a kennel knows that there are certain regulations that have to be met and, if they are building things incorrectly, there is a liability involved.
Commr. Cadwell suggested inserting when applicable, after the statement, "housing facilities for animals shall be structurally sound."
Mr. Minkoff, County Attorney, interjected that many of the facilities are exempt from the building codes, under some provisions of the Agricultural classification. He stated that, if the facility is on a farm and is a barn type building, it may not require a building permit, or be required to meet any of the building codes. He stated that the Ordinance could state that the facility must meet all the provisions of the Lake County Code, which he noted includes all the building codes.
Ms. Frank von Frankenstein referred to Paragraph 12, on Pages 36 and 37 of the Ordinance, which states that whenever an animal is left unattended at a commercial animal facility, the name and telephone number of the responsible person shall be posted in a conspicuous place at the front of the property, visible from outside the facility. She suggested that the language state animals, as well as animal, and that it state that the name and telephone number be required to be not only visible from outside the facility, but that it be accessible to the public, as well, noting that a lot of kennels are double fenced.
Ms. Frank von Frankenstein referred to Page 47 of the Ordinance, Section 2, which gives the definition of a kennel or cattery. She stated that the language letting for hire and research should be added to Paragraph (a).
Commr. Swartz pointed out that the issue of research was covered in Paragraph (b).
It was noted that letting for hire was like renting an animal.
Commr. Swartz suggested adding the language or any other activity for remuneration to the Ordinance, to address the concerns expressed by Ms. Frank von Frankenstein.
Ms. Frank von Frankenstein brought up for discussion the issue of changing the number of animals allowed for a kennel, noting that, if one has five acres or more, they would be allowed to have up to 10 dogs. She stated that property that used to be zoned one unit per five acres is now being rezoned to three units per acre in some areas, around existing agricultural classifications. She stated that, if a kennel is anywhere near an adjoining property line, someone is going to be affected, whether they have 100 acres or 20 acres. She stated that she would rather see the Ordinance require that anyone having five dogs or more will have to obtain a kennel license, rather than have the kennel relate to the amount of acreage involved.
Commr. Hanson interjected that, according to the Animal Control Officer, it is not the number of dogs, but rather the lack of control of the dogs that is the problem.
Ms. Frank von Frankenstein brought up for discussion the issue of repeat violators, noting that she did not see it addressed in the Ordinance.
Commr. Swartz stated that the Ordinance addresses the fact that, if there is a second violation, the County escalates the seriousness of the infraction to the next level, which means a higher fine, and, if there is yet another infraction, there will be even a higher fine, which he noted is different than what the County currently has.
Ms. Frank von Frankenstein questioned the likelihood of the County creating an Animal Control Board, to hear complaints and make decisions regarding the Ordinance.
Commr. Swartz stated that Animal Control Officers will now be in a position to issue a citation, if they believe it is appropriate, which carries an automatic fine that the individual will have to pay, or go to court.
Commr. Pool stated that the key to the matter is that Animal Control Officers will now be able to do a better job of taking care of complaints, due to this Ordinance being in place. He questioned, however, how an ongoing problem would be handled.
Mr. Minkoff, County Attorney, stated that each time there was a valid complaint, an additional citation could be issued. He clarified the fact that there is not an escalation of fees for repeat violations in the Code, as stated earlier, noting that the matter was discussed, but was not included in the final draft. He stated that each time an Animal Control Officer was called to investigate a complaint and there was a violation a citation could be issued, which could carry a fine, and, if the individual took it to Court, the fine could escalate to $500.00.
Commr. Cadwell stated that the County now has an ordinance that gives Animal Control Officers the teeth they need to do their job and suggested that the Board wait and see if it works.
It was noted that, if it does not work, the matter could be brought back to the Board at a later date, to be readdressed.
Ms. Elsie DeMoss, a local resident, addressed the Board and questioned what could be done about a neighbor who has a grudge against another neighbor and turns the neighbor into Code Enforcement over minor issues.
Mr. Minkoff, County Attorney, stated that, when a complaint is registered, before Animal Control Officers issue a citation, they will have to believe that the complaint is valid. He stated that, with regard to noise, it is required that more than one neighbor sign the complaint, unless there is only one neighbor in the area. He stated that the officers will never issue a citation, unless they believe it is warranted.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz questioned whether there was any reason why the Board could not put back into the Ordinance the penalty provisions that were presented by the Animal Control Study Committee, to deal with repeat offenders, which state that a second infraction would increase the penalty fee to the next level and a third infraction would escalate it to the third level. Mr. Minkoff, County Attorney, stated that the reason that provision was left out of the Ordinance was because there was no system in place to keep track of citations that were issued. He stated that, before the County can take a fine to the next level, it has to prove that the first offense took place and that the individual was found guilty.
A motion was made by Commr. Swartz to amend Page 8 of the Ordinance, to provide for the escalation of infractions for repeat offenders, as it was presented by the Animal Control Study Committee, being that the first infraction would be a $50.00 fine, the second a $150.00 fine, and, if there was a third infraction, it would escalate to the next penalty, which is a $300.00 fine.
Commr. Hanson seconded the motion.
Under discussion, Mr. Minkoff, County Attorney, stated that a Paragraph (d) could be added to the Ordinance, on Page 8, to address the matter.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
A motion was made by Commr. Swartz to approve the change noted by Mr. Tad Stone, Senior Director, Emergency Management Services, on Page 30, Line 17, changing the word County to rabies.
Commr. Hanson seconded the motion.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Animal Control Ordinance No. 1999-65, as amended.
PUBLIC HEARING
OFF-SITE SIGN ORDINANCE
ORDINANCES/GROWTH MANAGEMENT/ZONING
Mr. Sandy Minkoff, County Attorney, placed the proposed Off-Site (Billboard) Sign Ordinance on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 11.01.03 ENTITLED PROHIBITED SIGNS TO PROHIBIT OFF-PREMISE SIGNS AND BILLBOARDS; REPEALING SECTION 11.06.00 OFF-SITE SIGNS; AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS ENTITLED DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
Mr. Henry Kucher, a businessman and property owner in the City of Leesburg, addressed the Board stating that he objects to off-site (billboard) signs, however, noted that he feels because a county is against billboards, it does not mean that they are anti-business. He stated that he came to Florida 20 years ago from a state that is very clean, as far as billboards is concerned, and noted that it creates an atmosphere where people want to come. He stated that he does not feel billboards impact a business's success or failure, but impacts the County's style of living.
Ms. Jean Kaminski, Executive Director, Homebuilders Association of Lake County, addressed the Board stating that they did not ban on-site signs, but came up with regulations that they thought made them more aesthetically pleasing, yet still effective; therefore, she asked the Board to not ban billboards either, but to take a reasonable approach that would allow some type of cap and replace. She stated that the Board had alternative language proposed to them and asked that they look at it very closely, between now and June 15, 1999.
Ms. Gena Swartz, representing Citizens for a Scenic Florida, a chapter of Scenic America, addressed the Board stating that she had presented Commr. Cadwell and the County Attorney's Office with an analysis, indicating the number of billboard faces, per road, in Lake County and hoped that the Board had had a chance to review said material.
It was noted that they had not yet received it.
Commr. Hanson questioned Ms. Swartz about the number of billboards in the unincorporated area of the County.
Ms. Swartz stated that she did not have the number of billboards; however, she did have the number of faces, which she noted does not match the County's figures. She stated that her figures were obtained from the Florida Department of Transportation website, so they should be correct. She stated that her figures show 835 faces, of which only 6 in Lake County will be affected by the Transportation Bill currently in the Legislature.
Ms. Nancy Fullerton, representing the Save Our Lakes Committee, addressed the Board stating that she encouraged and supported the Board's determination to adopt the Off-Site Sign Ordinance. She stated that she felt it was time the Board said enough is enough. She stated that she wanted to be on record for encouraging the Board to continue their efforts, in spite of the pending legislation and budget responsibility. She stated that she believes off-site signs provide information that one does not need to know, while driving down the highway, and that she feels that is the position many of the residents of the County have taken. She encouraged the Board to continue its resolve to pass the Off-Site Sign Ordinance.
Ms. Pat Leonard, representing the Lake County Conservation Council, addressed the Board stating that the Council wants the Board to pass the Off-Site Sign Ordinance as it is, with no changes.
Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt & Eidson, addressed the Board stating that she was representing Eller Media and Republic Media. She stated that, as has been stated before, the billboard sign industry has offered the Board an alternative way to handle this matter. She stated that she doubted the issue would be concluded by June 15, 1999. She stated that the County is going to be faced with a difficult decision and one that may be very costly. She stated that she has reviewed the case law and knows what the techniques are, in terms of what the courts have been establishing, and would be happy to share that information with the Board. She stated that she has seen the Scenic America film and knows what their agenda is, which is the demise of an entire industry. She stated that she hoped the Board would obtain other legal opinions, before they make a very dramatic move and one that can have a significant impact to the taxpayers of Lake County.
Commr. Cadwell requested Ms. Bonifay to provide the Board with the information she alluded to.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 4-0 vote, the Board approved the draft Off-Site (Billboard) Sign Ordinance, amending Section 11.01.03 and repealing Section 11.06.00, as presented this date.
Commr. Pool declared a conflict of interest and abstained from voting.
It was noted that the final public hearing for this Ordinance will be held June 15, 1999, at 9:00 a.m.
PUBLIC HEARING
ON-SITE SIGN ORDINANCE
ORDINANCES/GROWTH MANAGEMENT/ZONING
Mr. Sandy Minkoff, County Attorney, placed the proposed On-Site Sign Ordinance on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; REPLACING SECTIONS 11.00.00, 11.01.00, 11.01.01, 11.01.02, 11.01.03, 11.01.05, 11.02.00 AND 11.03.00 CHAPTER XI, SIGNS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR SIGN PERMITTING REQUIREMENTS; PROVIDING SIZE AND SETBACK LIMITATIONS; PROVIDING FOR INCENTIVES TO CONVERT NONCONFORMING USES; PROVIDING FOR ENFORCEMENT; RENUMBERING SECTION 11.01.04, OFF-SITE SIGNS, TO SECTION 11.06.00; REPEALING AND REPLACING SECTION 3.11.04.B (1) REGARDING NONCONFORMING SIGNS; AMENDING SECTIONS 3.12.02B AND 3.12.03B REGARDING BED AND BREAKFAST SIGNS; AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS ENTITLED DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
It was noted that the final public hearing for this Ordinance will be held June 15, 1999, at 9:00 a.m.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the draft On-Site Sign Ordinance, as presented this date.
PUBLIC HEARING
LANDSCAPE REQUIREMENTS ORDINANCE
ORDINANCES/GROWTH MANAGEMENT/ZONING
Mr. Sandy Minkoff, County Attorney, placed the proposed Landscape Requirements Ordinance on the floor, for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER II, ENTITLED DEFINITIONS; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS REGARDING LANDSCAPE REQUIREMENTS AND TREE PROTECTION; AMENDING IN ITS ENTIRETY SECTION 9.01.00 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR LANDSCAPING INSTALLATION AND MAINTENANCE STANDARDS; PROVIDING FOR PLANT MATERIAL STANDARDS; PROVIDING FOR IRRIGATION REQUIREMENTS; PROVIDING FOR BUFFERING STANDARDS; PROVIDING FOR NATURAL VEGETATION CREDITS; PROVIDING REQUIREMENTS FOR LANDSCAPE PLAN APPROVAL; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; AMENDING IN ITS ENTIRETY SECTION 9.02.00 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR PROTECTED TREES; PROVIDING FOR PROHIBITED TREES; PROVIDING FOR TREE REMOVAL PERMITS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR HISTORIC TREE DESIGNATION; PROVIDING FOR SPECIMEN TREE DESIGNATION; AMENDING SECTION 13.06.02 OF THE LAND DEVELOPMENT REGULATIONS REGARDING JURISDICTION OF THE CODE ENFORCEMENT BOARD OF LAKE COUNTY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and distributed a handout (Staff Review Sheet) indicating changes that were requested at a previous meeting - some changes addressing scrivener's errors and some that were directed by the Board. She stated that there were a few changes made, for clarification purposes for staff, where they had to change verbiage in other sections of the Ordinance, to match the recommendations that were made by the Board. She stated that there was also a scrivener's error in the chart, being "RP", which she noted is commercial, by nature. She stated that staff left out the "A" for the buffering, although the text references that all commercial development shall be buffered. She stated that staff left out "PUD", as well, which she noted still reflects the text that is within the document. She stated that another change was made in the Ordinance, on Page 9, being that Minimum Number of Canopy Trees was reduced from 12 to 10. She noted that said errors were discovered after the last public hearing. The changes noted on the Staff Review Sheet are as follows:
Page/Line Reviewer Change
p. 4/40-42 BCC Increase of canopy tree size from 2" caliper to 1" caliper and 15 gal; from a minimum height of 5' to 8'; and from a minimum spread of 2' to 4'.
p. 9/8-9 Scrivener's Encompass landscape requirements for ALL development.
p. 9/27-29 BCC Addition of text: optional ornamental trees for "A" and "B" buffer.
p. 9/33 Scrivener's Correct minimum number of canopy trees to ten (10).
p. 9/37-38 BCC Ornamental trees are optional and in addition to the minimum number of canopy trees.
p. 9/44 Scrivener's Deletion of 'one of' to reflect changes in aforementioned changes.
p. 9/44-45 BCC Addition of text: minimum buffer width is 20' along arterials unless "D" buffer is greater.
p. 10/9 Staff Clarification: landscape buffer replaced with treed boulevard for new residential development over twenty (20) units.
p. 11 Scrivener's Addition of buffer type "A" for RP (residential professional) zoning district.
p. 11 Scrivener's Addition of buffer type "B" for PUDs.
p. 11 Scrivener's Increase buffer from type "A" to "B" between RV and CFD zoning districts.
p. 12/18-19 BCC Increase of minimum shrub size from 1 gallon to 3 gallon.
p. 12/21-22 Staff Clarification: Increase of height at one year from planting from 18" to 3'.
p. 12/41& 43 BCC Increase in tree size reflects change on p.4.
p. 13/7-8 BCC Increase in tree size reflects change on p.4.
p. 13/8-9 BCC Increase in tree size reflects change on p.4.
p. 14/29-31 BCC Addition of text: three (3) trees each additional acre over five (5) acres up to fifteen (15) trees.
p. 14/39-41 BCC Citrus tree may not be counted toward minimum tree requirements.
p. 16/2-3 Staff Clarification: Addition of text to exempt individual single family lots from having a landscape architect sign and seal landscape and irrigation plans. Landscape plan requirements.
p. 44/17 BCC Increase the after-the-fact tree size from 2" to 3" caliper.
p. 46/14 BCC Increase the size of replacement tree from 1" to 2-2 �" caliper.
p. 46/27 BCC Decrease the size of trees that require a permit to be removed from 6" to 4".
p. 49/32-33 BCC Increase the size of replacement trees from 1" to 2-2 �" caliper.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Landscape Requirements Ordinance No. 1999-66, with scrivener's errors and clarifications, as outlined on the Staff Review Sheet that was distributed to the Board by staff.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 6:15 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/6-1-99/6-4-99/boardmin