The Lake County Board of County Commissioners met in regular session on Tuesday, July 27, 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; 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.
Mr. Sandy Minkoff, County Attorney, informed the Board that they needed to discuss which commissioners would serve on the Value Adjustment Board this year.
The Chairman noted that he would bring it up under his Commissioner's Business, later in the meeting.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of July 6, 1999 (Regular Meeting), as presented.
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:
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Subdivisions
Request from Public Works for authorization to accept the final plat for Siena Ridge Subdivision; execute a Developer's Agreement for Construction of Improvements; and accept a letter of credit, for performance, in the amount of $343,368.00. Subdivision consists of 94 lots - Commissioner District 2.
Contracts, Leases and Agreements/Municipalities/Rights-of-Ways, Roads and Easements
Request from Public Works for approval of Interlocal Agreement between Lake County and the Town of Astatula, relating to CR 48 Right-of-Way Annexation.
Accounts Allowed/Contracts, Leases and Agreements/Resolutions/Subdivisions
Request from Public Works for authorization to accept the final plat for Chelsea Park II; accept a cashier's check, in the amount of $5,723.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Godfrey Custom Homes, Inc.; and execute Resolution No. 1999-127, accepting Kaylee Way "Part" (3-5034A) into the County Road Maintenance System.. Chelsea Park II consists of 33 lots - Commissioner District 3.
REZONING
The Chairman opened the Rezoning portion of the meeting, in order to announce that a couple of Rezoning cases had been withdrawn, to allow any individuals who were present for said cases to leave.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that the following cases had been withdrawn:
Rezoning Case No. PH29-99-5 Rezoning Case No. 25-99-5
Tracking No. 46-99-CFD Tracking No. 27-99-CP
Charles Redmond Larry and Linda Phillips
Edward Sullivan and Stuart Merrill Richey & Crawford, PA
(Elks Lodge #2793)
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARING
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed 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 CREATING ARTICLE XII OF CHAPTER 13 OF THE LAKE COUNTY CODE, ENTITLED "MOTOR VEHICLE TITLE LOANS" FOR THE PURPOSE OF REGULATING THE MOTOR VEHICLE TITLE LOAN INDUSTRY IN INCORPORATED AND UNINCORPORATED LAKE COUNTY; PROVIDING DEFINITIONS; PROVIDING CONDITIONS FOR ENGAGING IN MOTOR VEHICLE TITLE LOAN TRANSACTIONS; PROVIDING FOR MAXIMUM INTEREST RATES; PROVIDING FOR LOAN TRANSACTION SATISFACTION; PROVIDING FOR LOAN DEFAULT; PROVIDING FOR ACCOUNTING OF SURPLUS PROCEEDS TO BORROWER; PROVIDING FOR VIOLATIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR A TRANSITION PERIOD; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
Mr. Minkoff informed the Board that the Ordinance was written to apply within the
cities, as well as outside the cities, unless the cities have a different ordinance.
The Chairman opened the public hearing, at which time he submitted, for the record, copies of letters that the Board had received from the cities of Lady Lake, Eustis, Leesburg, Fruitland Park, and Mt. Dora, in support of the Ordinance before the Board this date.
Ms. Judy Cascone, representing Speedee Cash, a title loan company operating in Lake County, addressed the Board and distributed, for their perusal, a handout consisting of a Listing of Vehicles Sold; a Listing of Vehicle Charge Offs; and an Aging Report, containing loan information about various clients of Speedee Cash, which she reviewed with the Board. She stated that the customers they do business with will be forced to borrow money from loan sharks in the back rooms of bars somewhere, if their businesses are shut down. She stated that it has happened in the past and will happen again. She stated that title loan companies cannot stay in business at 30% APR, because the risk is too high and they lose too much money.
Ms. Debbie Jones, Manager, Speedee Cash, Leesburg, addressed the Board and read a letter into the record from one of her clients, who could not be present at this meeting, indicating that he felt it would be a great injustice to discontinue the service that title loan companies provide. She stated that her clients have questioned where they will go, if the title loan companies in Lake County are shut down.
Mr. Charles Vason, Owner, Auto Title Loan, Eustis, addressed the Board and discussed what has happened to title loan companies in Orange, Volusia, and Seminole counties after passing ordinances limiting the interest rate for title loan companies to 30%. He stated that people come to his office every day from Apopka, applying for title loans, because they cannot obtain them in Orange, Seminole, and Volusia counties.
Mr. Ronald Williams, a client of title loan companies, addressed the Board stating that he could have obtained his loan from a loan shark; however, he preferred to get the loan legally. He stated that title loan companies help people and, if this is a democratic society, they are the people that the Board represents.
Ms. Janice Cirricone, a customer of Speedee Cash, addressed the Board stating that she had a dental emergency and, due to the fact that she does not have any credit, nor any family in this area, if Speedee Cash had not been available for her to obtain a loan from, she does not know what she would have done. She stated that she has used them on various occasions and does not want to see them shut down.
Ms. Kathleen Simpkins, Area Supervisor, Nationwide Budget Finance, addressed the Board stating that her company has offices in Lake County, as well as Citrus and Marion counties. She stated that her biggest concern is that customers her company deals with will have no alternative, other than loan sharks, if title loan companies are not available. She stated that she is a firm believer of personal choice and does not understand how an agency can assume to protect people, if the people they are supposed to be protecting have no choice in the matter. She stated that no one forces people to obtain title loans. She suggested that the Board take a leadership role and create a panel, to work out some of the concerns that they have, with regard to disclosure, the amount of the loans, and the issue of the interest rate. She stated that customers have told her that they would not be able to put food on their tables, or have electricity, if it was not for title loans and questioned what option the Board will leave them, if title loan companies are shut down.
Ms. Patricia Larsen, a student at Lake Sumter Community College, addressed the Board stating that her husband is disabled and his life depends on them having transportation. She stated that, when they recently blew the transmission in their car, no one would loan them money to fix it. She stated that, if it was not for Speedee Cash giving them a loan to fix the car, when her husband recently experienced sudden cardiac arrest he would have died, because she would have had no way to get him to the hospital. She stated that title loan companies are important to people like her. She stated that she owes her husband's life to Speedee Cash. She asked the Board to not take title loan companies away from people who need it.
Mr. William McCraney, a customer of Speedee Cash, addressed the Board stating that he had had some financial problems during the past year and Speedee Cash helped him out of his bind. He stated that they help people, not hurt them, and, if it had not been for Speedee Cash, he would not have the position he has today.
Ms. Teresa Yager, a customer of Speedee Cash, addressed the Board stating that her husband is also disabled and she has had to use Speedee Cash several times. She stated that, if it were not for Speedee Cash, she and her husband and three children would probably be on the street. She stated that, if the Board shuts down such companies, people like her will not have any place to go.
Mr. Michael Coniglio, President, Southern Association of Title Lenders, addressed the Board stating that he had presented the Board Office with a booklet that his association had compiled regarding title loans and that he hoped the Board would take the time to review it. He discussed the portions of the booklet that deal with equity of cars, noting that the Attorney General's Office recently issued an opinion regarding that issue, being that, if there is equity after a car is sold and the borrower has paid loan fees, they have to be returned to the borrower. He stated that the only source of income for title loan companies is the interest rate, or fees. He stated that there are no other fees that lenders get. He stated that they cannot even get back the lien or filing fees. He stated that title loan companies cannot stay in business charging 30%. He stated that the only purpose of this Ordinance is to put title loan companies out of business.
Mr. Coniglio stated that, with regard to the issue of repeating the cycle, title loan companies have been willing to enact what is called the "Mississippi Model", noting that Mississippi was the first state in the country to pass a Comprehensive Title Loan Regulatory Ordinance that requires a 10% reduction in the principal amount of a loan, before the loan can be renewed for the third time. He stated that, if the Ordinance is passed and forces title loan companies to leave the County, people like the ones that addressed the Board this date will have to go to higher rate lenders. He stated that a large percentage of their customers do not have checking accounts, because banks will no longer give checking accounts to people with bad credit, because of the fees and the costs that they incur. He stated that some people will be cut out entirely, or will be driven to higher rate lenders, such as pawn shops. He asked the Board to carefully consider all the points given this date. He stated that, if the Board wants to try to develop a compromise situation where title loan companies will not be put out of business, the rate for the consumer will be lowered, and consumers will be protected, they will be willing to work with the Board regarding those items.
Mr. Wilson Arnes, Managing Attorney, Greater Orlando Area Legal Services (GOALS), addressed the Board stating that they had before them documents that were prepared by Mr. Ben Opsal, from Florida Legal Services, describing the title loan industry. He reviewed various parts of the report, noting that the 22% interest rate that is presently being charged amounts to an annualized interest of 264% per year. He stated that the loans are usually for a very small amount of money. He stated that "payday loans" are illegal in Florida. He stated that the ordinance that the Board is considering, containing a 30% interest rate, is a higher interest rate than what is presently permitted for consumer loans, under Section 516 of the Florida Statutes. He stated that Clay, St. Johns, Palm Beach, Hillsborough, Orange, Seminole, Dade, and Volusia counties have all passed a 30% ordinance and it is being considered by Duval County and the City of Jacksonville. He stated that it is presently being proposed in Hernando, Wachula, Leon, and Polk Counties.
Mr. Arnes asked the Board to determine what they felt would be a fair return for the title loan industry, in terms of making a profit, as they consider this ordinance. He stated that title loan companies have not left other counties that have adopted a 30% ordinance. He stated that it allows a company to stay in business, but not charge such exorbitant rates.
Ms. Dana Avant, a customer of Speedee Cash, addressed the Board stating that she has two children and has had to use Speedee Case several times to put food on her table and keep her electricity from being turned off. She stated that she works for the Lake County School Board and had tried to obtain a loan from the credit union, to no avail. She stated that Speedee Cash has always helped her out and she did not want to see them shut down.
Ms. Jennifer Ebert, Manager, Cash for Titles, Fruitland Park, addressed the Board stating that they had asked whether anybody in the County was charging less than 20% interest on their loans. She stated that her company currently has a pay-on-time program, to help their customers pay their loans back on time. She stated that they can get their loan at a 15% interest rate, if they pay it back on time. She stated that the program has been in effect since November of last year and has worked incredibly well. She stated that they are not in business to take advantage of people, but to help them.
Ms. Jacqueline Adams, Assistant Attorney General for the State of Florida, addressed the Board stating that she was present on behalf of her boss, Attorney General Bob Butterworth, and numerous other counties who have adopted a 30% annual interest rate ordinance. She stated that the Attorney General firmly believes title loans are not the answer for people having trouble accessing credit, that it is a mechanism that does more harm than good. She stated that it is an industry that devours the assets of people who live paycheck to paycheck and they are the people who can least afford that kind of exploitation. She rebutted some of the comments that were made by the title loan companies being represented this date, noting that some of them were not exactly true. She stated that, at this point in time, there are 11 counties that have passed an ordinance dealing with this issue. She stated that this particular situation, because of the wording of the State Statute, gives local government an opportunity to lead by example and do something to protect its consumers. She stated that the State has a price gouging statute that prohibits businesses from taking advantage of consumers who are faced with disasters, such as hurricanes, fires, etc., and urged the Board to prohibit what amounts to price gouging of people who are faced with personal disasters or personal emergencies. She requested the Board to enact the 30% ordinance.
Ms. Debbie Anderson, a representative of Speedee Cash, addressed the Board questioning why the Attorney General's Office chose this industry to make such an issue over, noting that there are several other issues that are just as bad. She stated that the reason banks do not do the types of loans that title loan companies do is because it is a high risk. She questioned who was going to regulate the ordinance and make sure that all the title loan companies abide by it, if the Board approves it. She stated that the title loan industry has spent many hours in Tallahassee asking for regulation. She stated that the solution to the problem is not to put title loan companies out of business, but to regulate them. She stated that the title lenders are willing to sit down with the County and come up with a compromise. She stated that they realize there are some companies that take advantage of people, but for everyone that takes advantage, there are so many more that do not. She stated that it seems so unfair that the title loan industry is being punished.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that she felt the Board was stepping into a type of regulation of industry that the Government should stay out of. She stated that the County does not regulate what other companies make on their sales. She stated that she feels there should be some regulation, however, is not sure that 30% is the figure. She stated that there are options that would be more middle ground. She stated that there are people who try to solve their problems in their own way and questioned what will happen when they cannot get the funds they need to solve their problems. She stated that she feels this is a media driven issue. She stated that she feels Consumer Credit Counseling should be required for such individuals, but, to do so, would create more regulations.
Commr. Pool stated that he was concerned about where the people represented this date will get their loans, if the title loan companies go out of business. He stated that he would like to see the rates lowered and feels that 30% would be fine, however, feels that, if the Board regulates the title loan companies down to the point where they go out of business, the people who truly need the service will not have an opportunity to obtain the money they need. He questioned whether Attorney General Bob Butterworth had an option for helping the people who need the loans.
Ms. Adams, Assistant Attorney General for the State of Florida, readdressed the Board stating that there are several ideas that are being explored, to try to resolve this problem, in addition to the regulatory, statutory approach. She stated that a pilot program is currently being tested in Tampa, through some community banks, to provide a way for this segment of the population to obtain smaller loans that banks typically do not make. She asked the Board to consider the fact that the people they heard from this date are the success stories - people who were able to pay back their loans, but noted that there are a lot of people who drowned under this type of loan and ended up losing everything. She stated that her office is concerned about those people, in addition to the people who have been able to pay off their loans and survive the experience.
Commr. Swartz stated that he agreed with Commr. Hanson, in that this issue appeared to be largely media driven. He stated that he felt one of the reasons the Attorney General's Office and others in government have gotten so involved with this issue is that it may be one that they have a chance to do something about. He stated that many times local government is the one that takes action on issues that the Legislature will not, for a variety of reasons. He stated that he is a little troubled by this issue, but keeps trying to balance whether the people who are getting hurt by this are going to be helped, if the Board puts the Ordinance in place, or whether those people who feel they do not have any other option are going to be hurt by not having this option. He stated that there are other options, noting that the power companies tend to provide help to their customers and the Lake County Action Agency has programs where they help people pay their electric bills. He stated that he felt, if the Board adopted the Ordinance, they would need to inform the media that they are going to have to be just as active in pushing and pressuring other lending agencies to provide loans to people who may feel they do not have any other place to turn and to provide a rate that will not be as predatory as 264%. He stated that he felt the Board would also need to invite members of the lending institutions to meet with them, to see if there is something they can do, to help provide some type of stop gap loan.
A motion was made by Commr. Swartz and seconded by Commr. Gerber to adopt the Title Loan Ordinance.
Under discussion, Commr. Gerber stated that, if the Board were to adopt the Ordinance, she felt a lot of women and children would suffer. She stated that the Board needs to find an alternative for them.
Commr. Cadwell stated that he would be glad to meet with the lending institutions and discuss an alternative plan, but that he felt the banks would not step forward and offer an alternative, if they did not have to.
Commr. Pool stated that he could not support the motion. He stated that he was in favor of lowering the rates, but wanted to make sure that the Board came up with a plan. He questioned whether the Chairman could meet with the lending institutions within the next 30 to 60 days and report back to the Board with an alternative plan.
Commr. Cadwell stated that he was not sure he could come back to the Board with anything concrete.
Commr. Gerber informed the Board that there is a pamphlet that is available to the public titled "Where to Find Help in Florida" and feels that something has to be done to increase the visibility of that publication.
Commr. Hanson stated that she felt some of the suggestions given this date could be used to remedy the situation, such as limiting the frequency of loans, that there be a certain reduction in the balance before another loan could be taken out, that there be a zero interest rate for the first 30 days, etc., however, feels that the industry needs to get together and come up with some options that are palatable.
Commr. Cadwell stated that the industry may be able to operate at a 30% interest rate, even though they say they cannot.
Commr. Swartz stated that he was not sure there would be changes, unless local government steps forward. He stated that the Legislature refuses to step forward. He stated that he is troubled by the other predatory loans that are available, such as pawn shops, check advance, and rent-to-own, noting that they can be just as problematic. He stated that most of them are protected by the Legislature, however, hopes that maybe the Legislature will wake up and change the laws, with regard to these types of loans, and provide something that is more workable, if the Board is, in fact, unsuccessful themselves. He urged the Board to support the Chairman's proposal, noting that he came forward with a difficult issue and this was the best shot they had.
Commr. Hanson amended the motion, to postpone the request for 30 days, until August 24, 1999, to allow the title loan industry to get together and bring a proposal back to the Board that will attempt to fill in the gap, with the understanding that they will be facing a 30% interest rate ordinance in 30 days, if they do not come up with something else.
Commr. Pool seconded the amended motion.
Commr. Swartz stated that he could not accept that motion, because the title loan industry has had since January 1, 1999, when the Legislature went into session, to do something and the only thing they have come up with is what he would call "voodoo economics". He stated that they have had a chance to correct the problem, however, have not shown a good faith effort to do so. He stated that he is convinced, without strong action by local government, that nothing is going to change in the title loan industry, or in the area of what he would call "predatory" loans.
Commr. Gerber stated that she felt it was only fair to give the title loan industry a chance to sit down and see if they can come up with something that might be more palatable to the Board, because 30 days, in the total scheme of things, is not a huge amount of time.
Commr. Pool stated that he was in no way supportive of the title loan industry, however, was concerned about those people who need it.
The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs. Swartz and Cadwell voted "No".
RECESS AND REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess until 11:00 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
BONDS/CONTRACTS, LEASES AND AGREEMENTS/RESOLUTIONS
ECONOMIC DEVELOPMENT
Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was an Industrial Development Authority bond issue; however, Lake County was not issuing it. He stated that the request also involved a Resolution and Interlocal Agreement. He stated that the request would not pledge the full faith and credit of Lake County, noting that the bonds in question were being sold to allow Presbyterian Retirement Communities, Inc. and Orlando Regional Health Systems, Inc. to buy a nursing home, which is located in Lake County.
Mr. Bruce Duncan, Economic Development Director for Lake County, informed the Board that the request was reviewed and approved by the Industrial Development Authority, as well as by the County's bond counsel.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval of Resolution No. 1999-128, an Interlocal Agreement between Lake County and Orange County Health Facilities Authority; and a Health Facilities Revenue Bond for Westminster Community Care Services, Inc.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARING
VACATIONS
PETITION NO. 902 - FIRST BAPTIST CHURCH OF SORRENTO
FRANKLIN D. MCCLENNY - SORRENTO AREA
Mr. Fred Schneider, Engineering Director, Public Works, addressed the Board and explained this request, stating that it was a vacation petition for the First Baptist Church of Sorrento, to vacate Third Street, in the Sorrento area, Section 30, Township 19S, Range 28E - Commissioner District 4. He displayed a map indicating the road in question, noting that the church owns both sides of it. He stated that the only opposition to the request was one that Public Works received from Florida Power, requesting that the County reserve an easement for utilities. He stated that staff was recommending approval of the request, subject to the owner providing a utility easement for Florida Power.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-129 - Road Vacation Petition No. 902, by First Baptist Church of Sorrento, Franklin D. McClenny, to vacate road (Third Street), Section 30, Township 19S, Range 28E, Sorrento Area - Commissioner District 4, subject to the owner providing a utility easement for Florida Power.
PETITION NO. 903 - JIM STIVENDER, JR./LAKE COUNTY PUBLIC WORKS - GROVELAND AREA
Mr. Fred Schneider, Engineering Director, Public Works, addressed the Board and explained this request, stating that it was a request initiated by the Lake County Public Works Department, to vacate utility easements in the Christopher C. Ford Industrial Park, Phase I - Commissioner District 2. He stated that there are four utility easements in the area, however, as companies have been buying parcels, the easements have been found not to be needed, so staff is requesting that they be vacated.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999 -130 - Road Vacation Petition No. 903, by Jim Stivender, Jr., Lake County Public Works, to vacate utility easements, Christopher C. Ford Industrial Park, Phase 1, Sections 20, 21, 28, and 29, Township 21S, Range 25E - Commissioner District 2.
REZONING (CONT'D.)
PUBLIC HEARINGS
PETITION NO. PH32-99-4 - AMENDMENT TO ORDINANCE NO. 1995-23 - WLW CONSTRUCTION/LESLIE CAMPIONE - TRACKING NO. 49-99-CP/AMD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the Board granted a CP Ordinance to WLW Construction Company in 1995, to construct an office on the site in question. She stated that the applicant now needs 400 additional square feet for a storage building, therefore, is having to go back through the process, to amend the Ordinance. She stated that staff was recommending approval of the request.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1999-75 - WLW Construction Company/Leslie Campione, Rezoning Case No. 32-99-4, Tracking No. 49-99-CP/AMD, a request for an amendment to Ordinance No. 1995-23, for expansion to the square footage of an approved garage building and to allow for storage, except heavy equipment storage, based on staff's recommendation.
PETITION NO. CUP99/7/1-2 - CUP IN A - BO BARTON AND ELAINE HYATT - TRACKING NO. 44-99-CUP.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the applicants were requesting a Conditional Use Permit in A (Agricultural) on five acres. She stated that it states "rural conservation"in the Staff Report, however, noted that they are actually in a transitional area, which is one dwelling unit per five acres. She stated that staff was recommending approval of the request and noted that there were no concerns from the Department of Community Affairs, with regard to the Green Swamp Area of Critical State Concern Office.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1999-76 - Bo Barton and Elain Hyatt,
Rezoning Case No. CUP99/7/1-2, Tracking No. 44-99-CUP, a request for a CUP in A (Agriculture), for temporary placement of a mobile home on the site, with an existing residence, for assistance with the care of the infirm.
PETITION NO. PH30-99-2 - R-1 TO R-7 - ARCHIE AND BARBARA MACLARTY - TRACKING NO. 45-99-Z
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to rezone a one-half-acre parcel from R-1 (Rural Residential) to R-7 (Mixed Residential), in an area zoned Urban Expansion. She stated that the applicants are going to remove an existing frame home that has some code issues and replace it with a manufactured home. She stated that a mobile home park is located directly across the street from the property in question and both sides of the property are zoned A (Agriculture). She stated that there was no opposition to the request. She stated that staff was recommending approval of the request and noted that the Planning and Zoning Board approved it, by a 6-0 vote.
The Chairman opened the public hearing.
The applicant or the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1999-77 - Archie and Barbara MacLarty,
Rezoning Case No. PH30-99-2, Tracking No. 45-99-Z, a request for rezoning from R-1 (Rural Residential) to R-7 (Mixed Residential), for the placement of a mobile home on the property in question.
PETITION NO. CUP99/7/3-4 - CUP IN A - KENNETH AND PATRICIA MCKEEVER
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for a Conditional Use Permit in A (Agriculture) on four acres in the Astor area. She stated that the applicants are requesting to operate a very small scale ice company for local sales and delivery. She stated that staff put several conditions in the Ordinance and noted that there will be no sales delivery conducted on the site. She stated that the applicants are hooked up to the Astor Park Water Association, so they have central water. She stated that staff was recommending approval, with the following conditions:
A. In the event of failure of the Permittee to: Fulfill development in substantial accordance with the plans as submitted to the Planning and Zoning Commission and the Board of County Commissioners; comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon; or violate any of the terms of the Conditional Use Permit, the permit may be revoked after due Public Hearing before the Planning and Zoning Commission and the Board of County Commissioners.
B. This Conditional Use Permit shall inure to the benefit of, and shall constitute a covenant running with the land, and the purpose, terms, and conditions contained herein shall be binding upon any successor and his interest hereto.
C. In addition to any other remedy by law, any breach in any of the terms or conditions of this permit or any default in the part of the Permittee or his successor in interest, shall be deemed a material breach hereof and this Conditional Use Permit may be canceled or revoked. Cancellation or revocation of this Permit may be instituted by the County or Planning and Zoning Commission. The County Manager or designee shall set this matter for Public Hearing before the Planning and Zoning Commission giving the same notice as provided in Chapter XIV of the Lake County Land Development Regulations, as amended.
D. Construction and/or operation shall have begun within twelve (12) months, otherwise, this permit shall be null and void and the Permittee shall reapply for Public Hearing before the Planning and Zoning Commission and the Board of County Commissioners. Provided the operation has begun within the period specified, this permit shall be inspected by the Code Compliance Department at the end of the twelve month period to ensure compliance with the conditions of this CUP.
Ms. Farrell stated that there was one letter of opposition. She stated that the Planning and Zoning Commission approved the request, by a 6-0 vote. She stated that staff has limited the applicant's use to the existing structures on the property and noted that the operation will be subject to an annual inspection.
The Chairman opened the public hearing.
The Applicant, Ms. Patricia McKeever, addressed the Board and explained that the truck that will be used for the delivery of the ice is a single axle delivery truck, with a refrigeration unit on the back, and is able to fit into one of the carports that is present on the property.
Commr. Gerber stated that she was concerned about the noise that the ice making machine would generate; however, her concerns were allayed by the Chairman.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1999-78 - Kenneth and Patricia McKeever,
Rezoning Case No. CUP99/7/3-4, Tracking No. 48-99-CUP, a request for a CUP in A (Agriculture), for an ice making business in an accessory building of a residence, with staff recommended conditions.
COMPREHENSIVE PLAN AMENDMENT LPA 99/2/1-2 - AMENDMENT OF CURRENT LAND USE DESIGNATION OF RURAL TO URBAN EXPANSION - PRINGLE COMMUNITIES, INC
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that, even though Rezoning Agenda Item Nos. 7 and 8 both pertained to Royal Highlands, Item No. 8 - Royal Highlands, Pringle Development/John Pringle, Hester Estate c/o Linda Powell, Lowry Family LTD Partnership c/o H. Clay Lowry, Rezoning Case No. PH69-86F-2, Tracking No. 47-98-PUD/DRI/AMD, would not be addressed this date. She stated that staff has been tracking them together, however, noted that the Board would only be hearing the Planned Unit Development (PUD) and Development Order (DO) amendments this date. She stated that it will take approximately four to six months for staff to come back to the Board, regarding this request, once they have received their comments from the Department of Community Affairs (DCA). She stated that Item No. 7 - Comprehensive Plan Amendment LPA99/2/1-2 is an amendment to the County's Future Land Use Map and has to be addressed first. She stated that DCA found the request to be non-substantial in nature; however, they wanted the County to amend its Comprehensive Plan before moving forward with other amendments.
Mr. Sandy Minkoff, County Attorney, interjected that the PUD will require a full public hearing, when it is brought back to the Board, at a later date.
Ms. Farrell informed the Board that this was the second presentation regarding this request. She stated that the request is for an amendment to change the current land use designation from Rural to Urban Expansion and to add lands onto a currently vested development order for the Royal Highlands PUD. She stated that the developer will not increase the density, but transfer it from the approved development order and spread it over the total acreage. She stated that staff was recommending approval, as they did one year ago, when the request was originally brought before the Board, based on the fact that the project has the ability to economically provide for the public facility services at an adequate level and due to the fact that water and sewer is provided by the City of Leesburg. She stated that it has the ability to provide for efficient use of the land, while providing for some retention of open space and native habitats. She stated that staff also took into consideration the economic importance of ensuring an aesthetically pleasing development community and some other Comprehensive Plan policies. She stated that nothing has drastically changed since the last presentation. She stated that staff was recommending approval of the request, noting that they considered the merits of the request, based on what is on the ground and some of the other positive environmental changes that would come about, by adding the property in question.
The Chairman opened the public hearing.
Mr. Steve Richey, Attorney, representing Pringle Communities, Inc., addressed the Board and recapped what has transpired, regarding this request, up to this point in time. He stated that the Board had before them a Comprehensive Plan Amendment, which the Planning and Zoning Commission recommended to the Board, in addition to the amendment to the Planned Unit Development. He stated that the amendment to the Development Order would be adopted at the Board's next public hearing, if they chose to amend the Comprehensive Plan. He stated that this project was originally approved, in October of 1988, as a DRI called Monterey, for 1,500 single wide mobile homes and 300 RVs. He stated that, in October of 1993, the Board extended the build-out dates that were approved in the original 1988 development order. He stated that November 15, 1994, the development order was modified to change the 1,500 single wide mobile homes and 300 RVs to single family homes. He stated that that was approved, with the addition of 270 acres, which was added to the vested DRI. He stated that the Comprehensive Plan Map was amended and the Future Land Use Map was amended to put the vested DRI on it and then 270 acres was added and designated Urban Expansion tied to the vested DRI.
Mr. Richey stated that approximately one year ago Pringle Communities came before the Board and asked that the 300 plus acres being addressed this date be added and that the Comprehensive Plan be transmitted to DCA. He stated that it was originally denied, however, several weeks later Pringle Communities asked to bring it back before the Board, for reconsideration. He stated that to do so required four votes, which they did not have, therefore, they waited a full year to bring the request back to the Board. He stated that it was represented to the applicant, if they would wait a year, adding 300 acres to the project was something that the majority of the Board, at that time, felt comfortable with. He stated that the applicant closed on the two tracts of land that is subject to the Comprehensive Plan Amendment before the Board this date. He stated that they were present this date to ask the Board to allow them to amend their comprehensive plan, to include the additional property in their development order, which he noted would not increase the density, but would increase the overall acreage of the property, reducing the density from what it is today.
Mr. Greg Beliveau, The Land Planning Group, representing Pringle Communities, Inc., addressed the Board, at the request of Mr. Richey, and answered questions regarding the request. He stated that the development currently has 780 acres, with 1.9 units per acre, however, noted that, if the Board approved this request, it would reduce the density to 1.3 acres. He submitted, for the record, a letter from the Department of Community Affairs (Exhibit A), stating that, based on the data and analysis provided, they found the applicant's request, to add an additional 307.36 acres, not to be a substantial deviation, subject to this hearing and the Board's recommendation of transmitting the amendment as an approval, as well as the final development order.
Mr. Beliveau submitted, for the record, General Location Map A for the Royal Highlands Planned Unit Development (Exhibit B), indicating the two parcels, consisting of 307.36 acres, that the applicant is requesting be added to the PUD, as well as the City of Leesburg's utility service area, which he noted provides water and sewer service to the Royal Highlands development. He stated that the City of Leesburg was contacted and is still in the affirmative that the contract is valid and that they have the capacity and capabilities of servicing the 1,500 units. He stated that all Pringle Communities is required to do is provide the construction plans for the lines, within the subdivision, that will serve the specific parcels.
Mr. Beliveau submitted, for the record, the following documents pertaining to the Royal Highlands PUD, at which time he answered questions from Mr. Richey regarding same: Land Use and Approved Uses Map D-1 (Exhibit C), indicating the surrounding zoning designations; Land Use and Approved Uses Map D-2 (Exhibit D), indicating Future Land Use of the area in question, as well as surrounding areas; Vertical Aerial Photograph (Exhibit E), dated January 1995, indicating the location of the Hester parcel, the Lowry parcel, and the existing Royal Highlands PUD; and Master Development Plan Map H-1 (Exhibit F). He stated that the maps show an approved mining site to the west of the Lowry tract, wetlands to the north, up to the Royal Highlands development, as a whole, which has a mixed land use. He stated that a mobile home park is located to the south, with residential development to the southeast, as well as the Christopher C. Ford Industrial Park, and to the north the existing developments of Plantation, Highland Lakes, and Hilldale (now known as Legacy).
Mr. Beliveau stated that the applicant is requesting that the two tracts be added to the existing development as the same designation as the current tract, which is Urban Expansion. He stated that changes have been made to the Hester Tract, based on input from the last seated Board of County Commissioners, noting that former County Commissioner Bill Good had requested certain things be done, which have been incorporated near the Hester tract on the south. He stated that there is now an expanded buffer on the south end of the property. He stated that the applicant is also removing a little over 55 parcels of land use that was available on the 300 plus acres as A (Agriculture), noting that those 55 units will not be utilized, because the applicant will be utilizing the approved 1,500 units and spreading them out, which creates a reduction in the Future Land Use Map. He stated that a traffic analysis was done, as part of the requirement, that was submitted to staff and is part of the Board's backup material, illustrating that, even with the 1,500 unit build out, they show a traffic reduction from the original DRI, with the anticipated impacts, of minus 20-30%. He stated that gopher tortoises were found on the site, which will be relocated, as permitted, upon development. He stated that the applicant is currently doing monitoring for the impacts that were on the parent development, as well. He noted that he had evaluated the additional 307.36 acres and concurs with county staff that it is in compliance with the Lake County Comprehensive Plan.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz stated that the existing and vested DRI is Urban Expansion in a sea of Rural. He stated that it is a classic definition of urban sprawl, noting that it is increasing low density into rural areas, which he noted is a classic definition of urban sprawl. He stated that he voted against the request on four occasions in the past and will vote against it again this date.
A motion was made by Commr. Pool and seconded by Commr. Gerber to approve Royal Highlands Comprehensive Plan Amendment, Rezoning Case No. LPA99/2/1-2, an amendment to change from the current land use designation of Rural to Urban Expansion, to add additional lands to a vested Development Order.
It was noted that a Developer's Agreement will accompany the requests stating the developer will not increase the density, but rather will transfer density from the approved Development Order.
Under discussion, Commr. Gerber informed Mr. Richey and Mr. Beliveau that she appreciated all the effort the applicant put into the request, to make it a better development.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Swartz voted "No".
PETITION NO. PH13-99-2 - HM TO PUD - CHRIS FORD INDUSTRIAL PARK TRACKING NO. 22-99-PUD
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that after one and a half years of working very diligently, in house, staff came up with a Development Order that the Department of Community Affairs (DCA) is very pleased with. She stated that staff feels they can live within the development constraints, at which time she noted that a lot of credit goes to Mr. Sandy Minkoff, County Attorney, for hammering out all the rough edges. She stated that the Department of Growth Management received an award from the National Association of Counties for doing all the work in house. She stated that it was quite a learning experience. She noted that Mr. Bruce Duncan, Economic Development Director for Lake County, was present in the audience, to answer any questions there might be regarding the request.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried, by a 4-0 vote, the Board approved Ordinance No. 1999-80 - Christopher C. Ford Industrial Park, Rezoning Case No. PH13-99-2, Tracking No. 22-99-PUD, a request for rezoning from HM (Heavy Industrial) to PUD (Planned Unit Development), for an industrial park specializing in warehouse, distribution, trucking assembly and manufacturing.
Commr. Swartz was not present for the discussion or vote.
Commr. Hanson questioned how the County paid for the costs involved with this request, noting that the applicant usually gets charged for work done on a Development of Regional Impact (DRI).
Ms. Sue Whittle, County Manager, informed the Board that the costs involved with this request were paid for out of the Christopher C. Ford Industrial Park Fund.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COUNTY PROPERTY/FACILITIES AND CAPITAL IMPROVEMENTS/UTILITIES
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request for approval of a Bill of Sale for sewer and water improvements in Phase II of the Christopher C. Ford Industrial Park, transferring ownership from the County to Florida Water Services, Inc. (formerly known as Southern States Utilities).
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval of a Bill of Sale to Florida Water Services, Inc. (formerly known as Southern States Utilities), for sewer and water improvements in Phase II of the Christopher C. Ford Industrial Park.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS
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 execution of a Special Master Agreement between Lake County; Jeffrey B. Buckner, individually, and Jeffrey B. Buckner and Debra T. Buckner, jointly; and Frank T. Gaylord, to retain Frank T. Gaylord as Special Master in Case Nos. SM-4-99 and SM-5-99.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
AMBULANCES-HOSPITALS/FISCAL AND ADMINISTRATIVE SERVICES
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board set the proposed countywide millage rate at 4.733 mills, which is the current rate.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board set the proposed ambulance district millage rate at 0.316 mills.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board set the date of September 7, 1999, at 6:00 p.m., as the first Public Hearing regarding the setting of the millage rate for the General Fund and the Lake County Ambulance Fund.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
COMMITTEES/WATER AUTHORITY
Commr. Hanson brought up for discussion the issue of a letter that the Board had received from Mr. Joe Hill, a member of the Lake County Water Authority, indicating that he had submitted a stormwater management proposal to the Lake County Water Authority Board that would raise approximately $3.3 million per year; however, they did not go along with it. She commended Mr. Hill for a very brave stance, in trying to raise funds for stormwater through the Water Authority, noting that she feels that is exactly where those dollars should be raised.
Commr. Pool congratulated Mr. Hill on his efforts, as well.
REPORTS
COMMISSIONER SWARTZ - DISTRICT 1
COMMITTEES/ORDINANCES/WATER AUTHORITY
Commr. Swartz brought up for discussion the issue of a Municipal Service Taxing Unit (MSTU) for unincorporated Lake County, under Ordinance No. 1990-25, to add one-tenth of a mill, increasing each year to one-half mill, for five years, for stormwater, at which time he distributed, for the Board's perusal, a handout pertaining to same. He stated that his intention was to have it as a separate line item, if the Board approved it. He stated that he felt, if it was listed on the tax bill as a separate line item and the funds were segregated into a fund that was used only for stormwater maintenance and retrofit, the majority of the people in Lake County would support it; however, if they felt it was going into another dark deep hole of government bureaucracy, they might not support it. He stated that he felt there was more support than opposition, therefore, would like to see the Board adopt it, noting that it would clearly show that the Board was serious about it and willing to make what are tough choices.
Commr. Cadwell stated that he appreciated Mr. Hill's efforts on the Lake County Water Authority Board and that he hoped Commr. Pool coming to that Board may have prompted some of the other members to support his stance and move forward with it.
Commr. Gerber stated that she had asked Senator Anna Cowin's Office for help from the State, with regard to license plate monies, and that they had sent her a breakdown of where said monies go, which show that for the most part they go to the Department of Transportation, for completion of the interstate highway system, and to Florida's seaport transportation and Economic Development programs. She stated that, due to the fact that the County does not have an interstate highway running through it and it does not have a seaport, it basically gets nothing from license plate monies. She noted that a small part of the monies go to the school system, as well. She stated that the Board has an opportunity to do something about the issue and she feels they should commit to doing so.
Commr. Pool congratulated the Lake County Water Authority Board on doing what he feels they should have done 20 years ago. He stated that he wanted the Board to understand, if he voted against the request, he was not voting against stormwater management or against trying to raise fees to get it done, but he feels the Water Authority has been charged with that responsibility. He stated that he feels, legislatively, the Board is going to get it done - if not through the front door, then through the back door. He stated that he has received a number of calls from county residents who are not in favor of a new tax and feels that a public hearing will give them an opportunity to give input. He stated that he could not support a new tax on county residents alone, because there are many cities who do not implement stormwater management. He stated that he feels every city in the County should have a stormwater fee.
Commr. Hanson stated that two years ago she went to the Water Authority and suggested that they start looking at the issue of stormwater, noting that she feels it is very much one of their responsibilities - one of the things that they can do. She stated that she does not think the Board should be setting a millage for stormwater. She stated that she feels the County should come to the table, however, feels that the County's participation should be in the way of expertise from its staff, noting that the County has excellent engineers that can be brought to the table. She stated that she feels it is wrong to have two bodies charged with the same responsibility.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 3-2 vote, the Board approved to advertise a tentative millage rate for the upcoming budget year, pursuant to Ordinance 1990-25, beginning at one-tenth of a mill, for an MSTU in the unincorporated areas of the County, dedicated as a funding source for stormwater.
Commrs. Pool and Hanson voted "No".
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board set the Public Hearing for the millage rate of one-tenth of a mill for stormwater for September 7, 1999, at 6:00 p.m.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
CODE ENFORCEMENT BOARD
Commr. Gerber brought up for discussion the issue of the philosophy of the Code Enforcement Board, with regard to fines that are being levied against people who have cases before said Board, noting that the fines are being waived, or lowered, on a regular basis. She questioned whether there was anything the Board wanted to do about it.
Commr. Cadwell stated that he did not want to change the Code Enforcement Board's ability to do so.
Commr. Hanson stated that she felt the current philosophy has been in place for years. She stated that some of the penalties are high and felt that the Board might want to look at lowering them and enforcing them more.
Commr. Swartz suggested obtaining input from staff on those cases where there have been repeated violations and nothing has been done and then, after a long period of time, they have come into compliance, without any good reason. He stated that he did not feel that was the type of thing that should be waived.
REPORTS
COMMISSIONER POOL - DISTRICT 2
MUNICIPALITIES/ROADS-COUNTY AND STATE
Commr. Pool brought up for discussion the issue of the intersection of Hwy. 50 and Hancock Road, in Clermont, and the fact that a traffic signal has been approved for that intersection, however, will not be installed until October of this year. He stated that a new school and college is being constructed in that area and questioned whether the Board could do something to speed up the process, due to safety issues involving the school children. He stated that he felt the sooner the traffic signal could be installed at that location, the better.
It was the consensus of the Board to have the Chairman write a letter to the Florida Department of Transportation requesting them to install the traffic signal at the intersection of Hwy. 50 and Hancock Road, in Clermont, as soon as possible, preferably before October of this year, to ensure the safety of the school children in that area.
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
APPOINTMENTS-RESIGNATIONS/MEETINGS/VALUE ADJUSTMENT BOARD
Commr. Cadwell informed the Board that he needed to add to the Agenda the issue of the Value Adjustment Board appointments.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to add to the Agenda the appointment of Board members to the Value Adjustment Board.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Commrs. Hanson, Pool and Cadwell to serve on the Value Adjustment Board for 1999.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:15 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/7-27-99/8-3-99/boardmin